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sions of the English Bankruptcy Act above re- that since that time the defendant had contion of about 300 yards, which is said to be very ferred to, the Chief Judge in the latter case ob- structed his wheels of double width, with bad, are average country roads, constructed of serving, at the commencement of his judgment, a width of nine inches of a plain bearing quarry stone and dross, but are not, in the that it seemed to him the intention of the Legis- surface and the other nine inches of width with opinion of the chairman of the plaintiffs' board, lature was, that creditors should have a power cogs or "shoes" as previously, except that these strong enough to carry these heavy traction enover the administration of their debtor's property, shoes were placed at right angles instead of dia- gines. The damage is alleged to have been which prior to the passing of the present Bank. gonally. The plaintiffs, however, confined their caused by the shoes of the motive wheels, ruptcy Act they never had." The recent Irish case to the injury done to their road by reason of which are behind, turning up the soil like Bankruptcy Act of 1872, however, contains no the wheels, which had, by the case of Stringer v. a ploughshare, and leaving a deep rut in provisions analogous to those I have referred to Sykes, been decided to be contrary to law. Several the road. In one instance a chain was laid in the English Act of 1869; and the decisions I witnesses were called who proved the injury to the upon the road, over which the driving wheel have above referred to, founded on the provisions road, that frequently the engine by reason of pull-ran, with the result of forcing the chain into the of the English Bankruptcy Act of 1849, still applying a load of ten tons in weight could not ascend road so as when removed to leave a deep rut. The with full force to our procedure here. It is true the steep gradients, and that in those cases the damage occasioned by the use of this traction a debtor's summons is defined by sect. 62 of the wheels revolved without the engine moving for- engine was stated by the chairman of the board recent Irish Act to be "process," and accord- ward, resulting in a hole being worn or ploughed to exceed £100. I propose to deal with the second ingly, when once a debtor obtains protection into the road. The expense and outlay caused by question first, viz., whether, supposing the plainfrom process, no debtor's summons will be this nser of the road were also proved, and models tiffa or any other persons have a right to institute issued by the officers of the court pending the of the wheels were given in evidence. proceedings for injury to the road, the defendant arrangement proceedings; but, when a debtor's For the defendant it was proved that the roads has committed any acts for which he is in law summons has been duly issued and served before were badly constructed and were in a very bad responsible. It must be observed at the outset protection is obtained, and an act of bankruptcy state of repair; that if the wheels were made as that it is lawful, under certain restrictions, to has been committed by the debtor not paying or required by the statute they would cause very run traction engines over public highways, whatcompounding for the debt within the time speci- much greater damage than the cog-wheels com- ever consequences may result to the roads from fied by the statute, or when any other valid act of plained of, and that a greater injury was not done so doing; but it is obvious that, in order to obtain bankruptcy has been committed, I am of opinion to the roads by the use of these engines than a right to make use of this liberty, all the condithat a creditor is entitled to obtain an adjudica- would be done by the number of carts that would tions annexed by the Legislature to such user tion on proof of the necessary statutory requi- be required to carry an equal quantity of coal. It must be strictly complied with. Now the condisites, and that an order for protection obtained was admitted that, if the plaintiffs were entitled to tion which has to be considered in regard to the by the debtor on his own ex parte petition fur- a verdict, the damages should be £40. question now before me is that the driving wheels nishes no reason for staying the bankruptcy pro- Learoyd, for the plaintiffs, cited the following the statute (24 & 25 Vict. c. 70), s. 3, designates shall be fitted with a particular appliance which ceeeings, which can only be got rid of by annul- statute and authorities: Public Health Act 1875, ment in the manner pointed out by the statute. as "shoes." It is admitted by the defendant sects. 6, 12, 149, 259, and 144; Guardians of It has been admitted that no valid cause can be Holborn v. Vestry of St. Leonard's, Shoreditch that the shoes fitted to this machine during the shown against the adjudication, and its effect (L. Rep. 2 Q. B. 145); Hartnell v. Ryde Commis- journeys complained of were shoes of the same being to vest all the debtor's estate in the sioners (4 B. & S. 361); Penillebury v. Greenhalgh description as those which in the case of Stringer assignees of the court, and to divest him of all his v. Sykes were held to be not in conformity with (12 C. B. N. S. 790); Grey v. Pullen (5 B. & S. property, I can see no mode in which he can be 970); Forman and Wije v. Mayor of Canterbury the Act, and for the use of a locomotive fitted considered as sui juris, and competent to effect an therewith on the public highway the present (L. Rep. 6 Q. B. 214). He contended, first, that arrangement with his creditors. The two pro- although an action was not maintainable against defendant was convicted, and the use of which cedures are, in my opinion, quite inconsistent; and, it being admitted that a valid adjudication such repair of a highway, this rule did not apply a surveyor of highways for damages arising from shoes, therefore, I am bound to hold is unlawful, though I am not sure, had the question been has been obtained, the motion of the debtor to open, I should have come to the same conclusion. to the converse case, and that the roads being stay the proceedings in the bankruptcy must be But it is contended that the defendant, admitvested in the local board under sects. 12 and 149 refused, and the motion by the creditors, that no ting all this, is not answerable in damages, further proceedings in the arrangement be taken, because, as it is said (and evidence was ad be granted-those creditors to have their costs of thorised shoes would inflict more damage on duced in support of the proposition), the autheir motion in the bankruptcy, and the petition. the road than those actually used. This arguing creditor who was permitted to appear and intervene to have his costs as part of his costs in ment, however, is to my mind, inadmissible, Order accordingly. because the defendant, in driving his engine over the public highways without complying with the requisition of the statute, has done an illegal act, tiffs, and it is no answer to say that he might have and in doing it has caused damage to the plaincaused more damage in a legal way. Suppose a

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COUNTY COURTS. HUDDERSFIELD COUNTY COURT.

(Before JOHN WALTER DE

LONGUEVILLE

GIFFARD, Esq., Judge.)

of the Public Health Act 1875, the plaintiffs had, under sect. 259 of the same statute, power to sne for the injury; secondly, that even if the plaintiffs as surveyors of the highways might under sect. 72 of the Highway Act 1835 have proceeded for recovery of a penalty, which they could only do if the damage was wilful (which the plaintiffs did not contend), or under the sections of the Public Health Act, the defendant in that case would have been liable to a penalty of 403., and for such a further sum as would compensate for the damage occasioned; and that under sect. 261, proceedings might at the option of the local board be taken either before justices, or in the County Court, to recover any CUMBERWORTH LOCAL BOARD v. Stringer. sum under £50, which was recoverable sumAction by local board for injury to highway-marily; thirdly, that under the Locomotives Act Locomotive Traction Engine Acts. Held, that an action is maintainable by a local board of health for unreasonable injury to a highway vested in them, by reason of an unlawful use of traction engine not constructed as required by the Locomotive Acts. THIS was an action brought by the Local Board of Health for the district of Cumberworth against George Edward Stringer, of Elmley, near Wakefield, to recover the sum of £40, as the plaint alleged, for damages sustained by reason of the defendant having improperly, unskilfully, and negligently used and driven a traction engine, not made and constructed as required by law, over the plaintiffs' road, where by the said road was broken, ent up, and damaged.

S. Learoyd (Huddersfield) for the plaintiffs. Stimson (London) for the defendant. From the evidence it appeared that the road in question was originally a turnpike road, and became vested in the plaintiffs on the expiration of the trust, and under the Public Health Act 1875 was vested and placed under the management of the plaintiffs; that the defendant was the proprietor of a traction engine by which he drew two tracks over the plaintiffs' roads for the purpose of conveying coals from his colliery to his coal stores; that the defendant's engine was originally constructed with cogs placed diagonally across the wheels, and that the effect of these cogs was to plough or tear up the road; that the roads were in some parts upon considerable gradients, and that the defendant had upon different occasions put iron spikes on the wheels so as to enable them to catch or "bite" the road, and that upon two other occasions he had placed a large chain upon the road over which the wheel passed and which was pressed into the road, and upon being removed tore up the bed of the road; that the defendant had several times been convicted for using wheels not construoted according to the Locomotive Act 1861 and the Locomotive Act 1865, and that the Queen's Bench Division of the court had, in the case of Stringer v. Sykes (L. Rep. 2 Ch. 240), held that the wheels were not constructed as required by the statutes;

1861, sect. 13, the liability for any injury sus
tained by use of a locomotive is reserved, and the
same provision is made under the 12th section of
the Locomotives Act 1865.

Stimson, for the defendant, contended that no
action of the kind had ever before been brought;
that the remedy (if any) was for the recovery of a
penalty under the Highway Act, and that remedy
being provided all others were excluded. He
cited and relied upon the case of Young v. Davies
(2 H. & C. 197). He also contended that, if the
engine was properly used, no action could be
maintainable, as the plaintiffs had the protection
of the statute for the user of the engine, which
was the creature of the statute, and cited the
Locomotives Act 1865, sect. 7, and the case of Reg.
v. Kitchener (L. Rep. 2 Cr. Cas. Reserved, 88).
The judge reserved and afterwards delivered
the following written judgment.

His HONOUR.-This is an action by the Local Board of Health for the district of Cumberworth, claiming damages for injury alleged to be done to the roads of the district by the defendant using upon the said roads a certain traction engine of the weight of ten tons, for the purpose of drawing coal from his colliery to his coal stores. The defendant rests the claim on the ground, first, that the plaintiffs have not the legal capacity to sue in respect of such injury; and secondly, if they had, that he is legally entitled to do the acts complained of. It is admitted that, if there be a liability by the defendant and right to sue by the plaintiffs, the damages shall be taken at £40. The case is one of great novelty and importance, but I have the satisfaction of feeling that any order I may make will be only the passport to a higher tribunal. The facts are simple: The defendant is the owner of the engine in question, and is in the habit of using it to draw two trucks of coal at a time, carrying from ten to twelve tons between them, over about two and a half miles of the roads in the Cumberworth district, which roads are divided by a piece of road in the township of Denby Dale, also traversed by the engine, interposed between the plaintiffs' roads. According to the evidence on both sides, the roads in question, with the excep

creditor were to break into his debtor's house and
seize a part of his furniture to satisfy his claim,
would it be a defence in law to an action of tres-
pass to say that the creditor might have legally
put in an execution and swept everything away?
This would not be contended. I am of opinion,
therefore, provided damage to the road is the
subject of a civil action, and the plaintiffs are in-
vested with a capacity to sue, that the defendant
is liable in damages. The next question or ques-
tions-for they are really the same, viz., whether
damage to a public highway can be the subject of
a civil action-will depend on whether, as regards
a public highway, there is any one who has the
capacity to bring a legal action, because, if there
be, I apprehend it must follow that damage to
property is a wrong which must have a civil
remedy. It was contended on the authority of
the dictum in Gibson v. The Mayor of Preston, that
damage arising from neglect to repair a road is
not the subject of an action, and I think I am
bound, notwithstanding the decision in White v.
Hindley Board, to hold that the ancient rule of
law that non-repair of a road is not actionable is
unaltered by the creation of a board or corpora-
tion to discharge the duties of surveyors of high-
ways. But this is not a case of that kind; it is
not an action against surveyors of highways for
a non-feasance, but an action by the local board
to recover damages for a mis-feasance committed
by the defendant. The real question, then, is
this: the Legislature conferred on the plaintiffs
the right to sue for damage in respect of injury
done to the road. In White v. The Hindley
Local Board it was held that the local board,
though not liable in an action for non-repair of
the highway, was liable for neglecting to keep in
repair a sewer vested in them, on the ground that
they were made proprietors by the 11 & 12 Vict.
c. 53, for which the 38 & 39 Vict. c. 55, is substi-
tuted. What I have to consider, therefore, is
whether the local board are proprietors of the
highways under the provisions of the Act now in
force. In the interpretation clause I find the word
street is declared to include any highway not being
a turnpike road, and any road, lane, footway,
square, court, alley, or passage, whether a
thoroughfare or not.
These roads are, it was
proved, not turnpike roads, and therefore come
within the definition of streets. Then by the
149th clause all streets being, or which at any
time become, highways repaired by the inhabitants
at large within any urban district, shall vest in and

be under the control of the urban authority. The effect of these two sections is, in my opinion, to make the local board the legal proprietors of these roads, and to confer upon them all the ordinary incidents of ownership. To hold otherwise would, in my opinion, tend to render this enactment to a great extent nugatory. In adopting this view I am not in conflict with the old rule of law as to repairs, because in this case no question of nonfeasance arises; but I think I am giving effect to the principle laid down in White v. The Hindley Local Board, though not going nearly so far as that decision-viz., that when the Legislature con. stituted the local board the proprietors of roads, it intended to confer upon the board, except where the statute expresses any restriction, all the ordinary incidents of legal ownership. There must therefore be a verdict for the plaintiffs, damages £40, with costs.

MAGISTRATES' LAW.

NOTES OF NEW DECISIONS. RATING-SHIPBUILDING YARD-MACHINERY AND PLANT ATTACHED TO FREEHOLD.-The appellant, the owner and occupier of extensive yards and buildings for constructing iron and wooden ships, and for manufacturing machinery for such ships, was rated at an enhanced amount in respect of certain machinery and plant placed on the premises, and necessarily used for the purposes of his business; amongst them were boilers set in masonry, with pipes passing through the buildings and under ground; engines standing on iron bed plates bolted to stone foundations; shafts fastened to the walls; machines separate from each other upon wooden sleepers bolted to concrete foundations but removable by unfastening the bolts, and other similar machines resting on prepared beds without fastenings. Held, upon a case stated, that, though some of the machinery and plant was capable of being removed without injury to itself or to the freehold, yet being essentially necessary and permanently attached to the appellant's business, it was all rightly taken into consideration in estimating the rateable value of the premises: (Laing v. Overseers of Bishopwearmouth, 37 L. T. Rep. N. S. 781. Q.B.)

LICENSING ACT-GROCER'S WINE LICENSEMERCHANT-DEALER IN WINES AND SPIRITS.The appellant was convicted under the Licensing Act 1872, sect. 3, for selling beer and wine without being duly licensed. He held a license from the Inland Revenue (under 6 Geo. 4, c. 81, s. 2) to exercise the trades of dealer in foreign wine and in sweets or made wine, for which he paid £5 58. a half year, and of dealear in beer, for which he paid £1 138. Od. a half year; but he had no licence, either under the Refreshment Houses Act 1860 or any other Act, nor any certificate from justices under the Wine and Beerhouse Act 1869 or the Licensing Act 1872. He kept a grocer's shop, and had never been in a wine merchant's business except in connection with the grocery trace; it was not proved that he ever sold so much as two gallons of foreign wine at one time. He was in the habit of selling foreign wine by retail not to be consumed on the premises, and never sold less than three dozen pints of beer at one time. Held, upon a case stated, that the appellant was a wine merchant, who sold wine in pursuance of a wine dealer's licence within the words of sect. 73 of the said Act of 1872; that the licence he had was sufficient; and that the conviction was wrong: (Palmer v. Thatcher, 37 L. T. Rep. N. S. 784. Q.B.)

INCOME TAX-COAL MINES — BALANCE OF

PROFIT-EXHAUSTED CAPITAL.-The plaintiffs, a colliery company, owned certain leasehold coal mines, the lease of which they had purchased for a term of years; and in carrying on their business during the first year of the term they raised and sold a quantity of coal, thereby reducing the value of the mines at the year's end to £10,424 less than the sum which they had originally paid for them. Upon being assessed to the income tax upon their profits as a colliery company for the year, they claimed to deduct from their gross receipts the above-mentioned sum of £10,424 as for exhausted capital; and on a case stated by the special commissioners for the opinion of the court, it was, Held, by the Exchequer Division (Kelly, C.B. and Cleasby and Pollock, BB.), that coal mines were by sect. 8 of 29 Vict. c. 36, transferred from Schedule A., No. 3, sect. 60, and were assessable under Schedule D., sect. 100 of the 5 & 6 Vict. c. 35; and that, in estimating the balance of their profits or gains under rule 1 of the latter schedule, the company were entitled to make the deduction claimed, which was not within any of the deductions forbidden either by rule 3 of that schedule or by sect. 159 of the Act. Forder v. Handyside and Co. (ubi infra) not in point or applicable: (Knowles v. M'Adam, 37 L. T. Rep. N. S. 795. Ex.)

DEBTORS ACT-AIDER OF INDICTMENT BY VERDICT OBTAINING CREDIT BY FALSE PRETENCES-FRAUDULENTLY DISPOSING OF GOODS. -An indictment charged that the defendant, a trader, "did within four months next before the commencement of the liquidation by arrangement of his affairs obtain from W. goods upon credit under the false pretence, &c., with intent to defraud." And in another count in similar terms the defendant was charged with unlawfully disposing of the goods otherwise than in the ordinary way of his trade. Both counts were framed under sect. 11, sub-sects 14 and 15, of 32 & 33 Vict. c. 62. Held, that the counts were good after verdict, and sufficiently averred that the defendant was a person whose affairs were liquidated by arrangement within the meaning of sect. 11: (Reg. v. Knight, 37 L. T. Rep. N. S. 801. Cr. Cas. Res.)

REAL PROPERTY AND CONVEYANCING.

NOTES OF NEW DECISIONS. MARRIED WOMAN -RESTRAINT ON ANTICIPA TION-FRAUD BY THE WOMAN-WARRANT OF ATTORNEY.-Dividends subject to restraint cannot be charged in respect of a previous debt, though due at the date of the charging order. The restraint upon a married woman's power of anticipation cannot be got rid of by any means direct or indirect, and is not affected by fraud on the part of the married woman. A husband and wife obtained an advance on the security of the wife's interest under her father's will, by fraudu. lently concealing the clause restraining her from anticipation. They gave a joint warrant of attorney on which the debtor entered judgment. A charging order was subsequently obtained on dividends accruing due after the date of the judgment, but before the date of the order. Held, that the order could not be maintained (Stanley v. Stanley, 37 L. T. Rep. N. S. 777. Malins, V.C.)

and apply only to vessels in the Royal Navy, and, semble, those belonging to the public service of a dependency of the British Crown: (The Cybele, 37 L. T. Rep. N. S. 773. Ct. of App.)

STEAMSHIP-CONTRACT FOR FITTINGS OF-BREACH-MEASURE OF DAMAGES.-The defen. dants, having contracted to supply the plaintiff's steamship with a propeller shaft and other fit. tings, supplied useless fittings, whereby the plaintiffs, besides being obliged to replace the fittings, lost the use of the ship for nine days. Held, that the lost earnings of the ship for the nine days ought to be included in the damages recoverable: (Wilson v. General Screw Colliery Company, 7 L. T. Rep. N. S. 789. Cockburn, C.J.)

BILL OF LADING-CHARTER-PARTY-DEMURRAGE-CONTRACT BY INDORSEE.-A charter-party

stipulated that the agreed freight should be paid on right and true delivery of cargo, and that the discharge at the port of delivery should be done in accordance with the usage of the discharging port. The defendants were indorsees of the bills of lading, which were expressed to be subject to the conditions of the charter-party, and contained the following clause: "The goods to be taken from the ship by the consignee immediately they come to hand in discharging the ship, otherwise they will be landed or put into craft by the master or ship's agent (at the merchant's risk and expense), and either or both to have a lien on such goods until the payment of all costs and charges so incurred." In an action by the plaintiff for damages for the detention of the ship by default of the defendants, the jury found that the ship was detained for two days beyond a reasonable time for unloading, and that £30 a day was a fair charge for the detention, and that the defendants held themselves out to the plaintiff as receivers of the cargo under the bill of lading, so as to lead the plaintiff to look to them as such. There was evidence that the defendants told the plaintiff's agent, before the ship arrived, that they had the cargo, and would pay the freight; and that during the unloading the plaintiff's agent complained daily to the defendant of their delay, telling them that there would be a claim for deMORTGAGE FAILURE TO PAY INTEREST-murrage, without a repudiation by them of liability. NOTICE - PAYMENT OF PART AND BILL FOR Held, that there was evidence that the defendants REMAINDER-DISHONOUR OF BILL-WAIVER OF undertook to pay for any unreasonable delay, and NOTICE.-In a deed of mortgage the mortgago: that they took delivery under the provisions of the agreed that, in default of payment of interest for bill of lading: (Palmer v. Zarifi, 37 L. T. Rep. seven days after notice, the mortgagee should N. S. 790. C. P.) have an absolute power of sale. Default was made and notice given. On the sixth day the interest due was reduced by a payment on account, and a bill of exchange accepted by the mortgagor for the remainder. The bill was dishonoured. Held, by Lush, J., that it was not necessary for the mortgagee to give a second notice, but that the power of sale revived immediately upon the bill being dishonoured: (Wood v. Murton, 37 L. T. Rep. N. S. 788. Q. B.)

COMPANY LAW.

NOTES OF NEW DECISIONS.

RAILWAY-COMMON CARRIER-SPECIAL CONTRACT-"OWNER'S RISK"-ALTERNATIVE CONDITION "WILFUL MISCONDUCT."-Defendants, a railway company, carried goods at two rates of charge. At the higher rate they professed to be under the liability of common carriers; at the lower rate they carried "at the owner's risk, wil. ful misconduct of their servants alone excepted." Plaintiff, being aware of the two rates, delivered goods to defendants to pack and carry over their railway. The delivery note, signed by plaintiff, contained the words " owner's risk." In an action by plaintiff to recover damages for negligent and unskilful packing and carrying of the goods, it was held (affirming the decision of Lopes, J.), that plaintiff was not entitled to recover, because the defendants were protected by the condition (which was a reasonable one), that goods were to be carried at "owner's risk," and, there being no evidence that defendants' servants knew how to pack the particular goods, there was no "wilful on their part: (Lawes v. Great Western Railway Company, 37 L. T. Rep. N. S. 774. Ct. of App.)

misconduct

MARITIME LAW.

NOTES OF NEW DECISIONS. SALVAGE-RIGHT TO OF A GOVERNMENT CIVIL SERVICE DEPARTMENT-MERCHANT SHIPPING ACT.-The Board of Trade can claim salvage in respect of services rendered by vessels employed by them for commercial purposes in and about a public harbour, the property in which is vested in the Board of Trade. The expressions "ships belonging to Her Majesty," and " Her Majesty's ships," in sects. 484, 485 of the Merchant Shipping Act 1854, are used in their ordinary sense,

LAW SOCIETIES.

BARRISTERS' BENEVOLENT ASSOCIATION. ON Wednesday evening the fifth annual meeting of this association was held in the hall of the Middle Temple, under the presidency of the Lord Chancellor. There was a large attendance, and among those present were Mr. Justice Brett, Mr. Justice Hawkins, the Master of the Rolla (Sir G. Jessel), Mr. Justice Manisty, Baron Huddleston, and Lord Justice Thesiger. The report read by the hon. sec., Mr. E. Macrory, pointed out that the association was progressing favourably. Ninety-two new members had joined it during the past year, and donations to the amount of £567 38. with subscriptions amounting to £926 2s. 6d., had been received. The committee had felt it was desirable that members of the Bar should advocate the claims of the association in the various circuits, and a number of gentlemen had undertaken to do so. During the year there had been thirty-three new applications for relief, of which twenty-four had acceded to. Grants to the extent of £858 bad been made, but the funds at the disposal of the committee were so limited as to compel them to give but very inadequate help in some of the cases brought before them. The committee were more than ever assured of the great need of an association of that kind to meet the needs of some well-known members of the profession who, through misfortune, had been reduced to extreme poverty. One great feature of the association was to assist by means of loans or grants, and in a manner which relieves the recipient from the humiliation which the receipt of charity often causes. The noble chairman, in moving the adoption of the report and statement of accounts, spoke of the work of the association during the past year, and said he had long wondered that some such association had not been established to meet the case of many honourable members of the profession, who through adverse circumstances, had been reduced to absolute want. Men of education and ability often got squeezed out of a fair practice through a want of tact with the capriciousness of the public, and they and their families were to be found in a state of misery and want. There were also the cases of those who had been removed by death and who had not had a chance of making provision for those they left behind. The association acted promptly and judiciously, and each case was treated with due delicacy. The speaker then

enumerated some of the distressing cases which had come under the notice of the association and in which it had been able to render essential and timely service. The chairman concluded by advocating a more extended support of the association by the Profession generally. Sir J. Karslake, Q.C. seconded the resolution, which was adopted. The Master of the Rolls (Sir G. Jessel) moved the re-election of the committee, which was seconded by the Solicitor-General (Sir H. S. Giffard), and adopted.

WOLVERHAMPTON LAW ASSOCIATION. At the thirty-first general annual meeting of the members of the Wolverhampton Law Association, held at the Law Library, 57, Darlington-street, Wolverhampton, present, Mr. H. H. Fowler (in the chair), Messrs. T. Waterhouse, H. Kitson, C. B. Smith, J. Riley, S. J. Walker, J. W. Stirk, J. E. Underhill, E. H. Thorne, R. W. Rutter, T. Walker, G. W. Walker, S. W. Page, H. C. Owen, H. Langman, and H. Brevitt, hon. secretary, a statement of the receipts and disbursements for the year ending Jan. 18, 1878, was presented by the treasurer, which showed a balance in the treasurer's hands of £42 9s. 5d. The committee presented a report of their proceedings during the past year, and it was proposed by Mr. H. H. Fowler, and seconded by Mr. T. Walker, that same be received, printed, and circulated. It was pro. posed by Mr. H. C. Owen, and seconded by Mr. P. W. Rutter, that Mr. E. H. Thorne be the president for the ensuing year; carried unanimously. It was proposed by Mr. H. H Fowler, and seconded by Mr. J. E. Underhill, that Mr. H. Brevitt be vice-president for the ensuing year; carried unani. mously. Proposed by Mr. H. Brevitt, seconded by Mr. C. B. Smith, that Mr S. W. Page be reelected treasurer for the ensuing year; carried unanimously. Proposed by Mr. S. W. Page, seconded by Mr. J. W. Stirk, that Mr. C. B. Smith be hon. secretary for the ensuing year; carried unanimously. Resolved, that Messrs. H. Kitson, H. H. Fowler, W. Manby, and S. J. Walker be elected to the vacancies in the committee. The President, Mr. H. H. Fowler, then presented to Mr. A. Whitehouse the Wolverhampton Law Association prize. Proposed by Mr. E. H. Thorne, seconded by Mr. S. W. Page, that a hearty vote of thanks be given to the retiring president, Mr. H. H. Fowler, for his services in the chair during the past year; carried unanimously. Proposed by Mr. H. H. Fowler, seconded by Mr. H. C. Owen, that a vote of thanks be presented to Mr. H. Brevitt for his services as secretary during the past year; carried unanimously. Proposed by Mr. H. H. Fowler, seconded by Mr. T. Waterhouse, that a vote of thanks be presented to Mr. S. W. Page for his services as treasurer during the past year.

The following is the report for the year ending 31st Jan. 1878.

PRESIDENT.-Your committee are pleased to state that your President, Mr. H. H. Fowler, has been elected a member of the Council of the Incorporated Law Society of the United Kingdom. MEMBERS.-Four new ordinary members of the association have been elected during the past year. At the present time, therefore, there are twenty-one proprietary members, thirty ordinary members, and four honorary members of the Law Library.

FINANCE.-The treasurer's accounts for the year are appended. The expenditure, it will be observed, has been chiefly in the purchase of books and new bookcase. The balance in the treasurer's hand is £42 5s. 9d.

LIBRARY.-Your committee beg to report that the following books and reports have been added to the library: Russell on Crimes; Dow and Clarke's Reports, 2 vols.; MacLean and Robinson's Reports, 1 vol.; Clarke's House of Lords Cases, vols. 7 to 11, and Index; De Gex, Fisher, and Jones' Reports, vol. 4; Law Journal Reports, 1862 to 1866; Law Journal Digest, 1870 to 1875; De Gex, Jones, and Smith's Reports, vol. 3, part 2 to vol. 5 and vol. 4 in part; Swabey and Tristram, part 1, vol. 4; Giffard's Reports, vol. 4, part 6 to vol. 5; Harrison and Rutherford, vol. 1, completed; Hurlestone and Coltman, vol. 4, completed; Best and Smith, vol. 6, completed. Many of the old Reports have been bound. The whole of the books in the library have been re-arranged and a new catalogue thereof prepared. Two new bookcases have also been added to the room. CONDITIONS OF SALE.-Your committee have adopted a form of conditions for use upon sales of property within this town and district. Such conditions, which were settled by council, have been entered at Stationers' Hall. Messrs. Barford and Newitt, printers and stationers, Queen-street, Wolverhampton, have been appointed sole agents for the sale thereof, upon terms advantageous to the association.

POINTS OF PRACTICE.-The points of practice formerly acted upon by the association have been revised and added to, and your committee beg to call the attention of members to same.

WOLVERHAMPTON LAW ASSOCIATION PRIZE (FOUNDED 1876). Mr. Alfred Whitehouse, articled to Mr. John Whitehouse, a member of the association, being the student who amongst the members of class 1 of the regulation made 9th Jan. 1877, and relating to this prize, appeared in the published list of candidates of the Incorporated Law Society as being at the final examination held in Easter Sittings 1877, and also amongst the students of the class aforesaid who had presented themselves for final examination during the year 1877, first in order of merit, and to whom the Council of the Incorporated Law Society have awarded the prize of the Honourable Society of Clifford's Inn, this committee do declare that he is entitled to the Wolverhampton Law Association prize. Mr. Whitehouse having selected as such prize Hallam's Constitutional History and Middle Ages, this committee recommend that in pursuance of regulation 3 the same be presented to him at this meeting. COMMITTEE.-The members of the committee who retire by reason of their having been longest in office, are Messrs. T. Waterhouse, W. Manby, H. Kitson, and T. Walker. The president, vicepresident, treasurer, and hon. secretary also retire. Messrs. Kitson and Manby having been nominated by the committee for re-election, they are, pursuant to rule 18, eligible for re-election. UNPROFESSIONAL CONDUCT. A complaint having been made against a member of the association for alleged unprofessional conduct, the committee, after investigating the matter, although they expressed their disapprobation, did not consider the grounds of complaint sufficient to authorise them to call a special general meeting of the association, under rule 12.

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CREDITORS' RIGHTS UNDER AN EXECUTION FOR DEBT PRACTICALLY STULTIFIED. I would crave a short space in your valued columns to explain a most important dictum which has just been laid down at judges' chambers, with respect to the rights of creditors in regard to the seizure of a debtor's goods, and which I venture to assert is of the gravest importance, not only to the Legal Profession but to the public generally. I will be as brief as possible and endeavour to make the point as intelligible as I can. It is this, that in the case of a creditor who has sued his debtor and obtained a writ of fieri facias or execution which has been levied upon the goods and chattels on the debtor's premises, and a claim is made by a third person to such goods, if the creditor, upon an interpleader summons being taken out to try the question of ownership (being satisfied as to the right of the claimant to the same), elects to withdraw the execution, he (the creditor) is, in that case, to pay at once the claimant's costs of proving his claim, and not only so, but the sheriff's costs of the levy, possession money, solicitor's costs, and all other incidental expenses. The hardship of this upon the creditor I think I can easily show. In all cases, before the remedy of an execution is resorted to, the plaintiff's solicitor makes what inquiry he can, with a view of ascertaining if there is a registered bill of sale upon the debtor's goods, and here his power of inquiry ends; but in the majority of cases persons, knowing the injury to their credit of a registered bill of sale if they are in difficul. ties, take other means of protecting their goods, so that it is frequently found, upon an execution being levied, that the defendant's goods are protected by a settlement, or that they are subject to an agreement for hire, or that the landlord claims them for rent, or that there is some claim or other upon them which no stranger could possibly have been aware of until the execution brings it to light. Now comes the hardship of the matter. The claimant gives notice of his claim, and the sheriff's officer takes out an interpleader summons to be heard before the judge, and not until then does the creditor get the opportunity of inquiring into the validity of the claim, but being satisfied with the proof (which is generally given by affidavit of the claimant, supported by production of such documents as may tend to establish it) he elects to withdraw his execution: but, says the judge, "as you elect to withdraw you must now pay all the claimant's and sheriff's costs," which generally amount to a formidable sum. In a recent case of the kind my client, for whom I had lodged an execution against a defendant for under £20, had to pay costs amounting to just over £10. Now, sir, I ask you, where a defendant has to all outward appearance goods sufficient to satisfy an execution, how is a plaintiff or his solicitor possibly to discover claims of the description I have mentioned, or to satisfy himself as to their

genuineness until he has the opportunity of inquiring into them, which is when he arrives at the stage of an interpleader summons? Even in the case of a registered bill of sale questions arise as to whether there are other goods belonging to the debtor not included in the schedule to same, and in fact a variety of points upon which the creditor can only be satisfied on the hearing of an interpleader. Is it not therefore, by terrifying the creditor from putting in force the execution which he is by law entitled by virtue of his judgment by the risk which he runs in having to pay ruinous costs, practically preventing or stultifying his rights under the same? The former rule which has prevailed for a considerable number of years with regard to interpleader summonses, and which was both sensible and fair, was, that where a plaintiff withdrew upon a claim being made, no costs should be allowed to either party except the circumstances were in some way exceptional, the plaintiff however paying sheriff's possession money unless it was otherwise ordered. If, however, the execution creditor desired to contest the claim of the third party, an issue was directed to be tried, in which case the unsuccessful party invariably was directed to pay the costs. The right of arresting the debtor by writ of capias ad satisfaciendum has been abolished, and the substituted remedy of a judgment summons (under which the onus of proving a defendant's means lies upon the plaintiff) being as generally admitted in most cases a failure, I would venture to observe that, with the obstacle I have pointed out in the way of creditors, the process of recovering debts (especially from dishonest defendants who will not pay until they are made) becomes more and more difficult every day. Apologising for trespassing so largely upon your space, but trusting that you may deem this letter worthy of insertion. H. W. CHRISTMAS. 22, Walbrook, E.C., Feb. 11, 1878.

THE COUNTY COURTS.-Your correspondent "Tutor" makes some practical suggestions for the extension of these courts, which I think would be an improvement, but they must be in addition to, not in lieu of, a direct extension of their jurisdiction. My own impression is that Mr. Cowen's Bill on the subject is too sweeping and comprehensive to have any chance of becoming law during this session at least, in the face of the well-known hostility of the Attorney and Solicitor General to so radical a change of our judicial system. A moderate measure of extension might avoid their opposition, because Sir John Holker, last session, on the debate for the second reading of Sir Eardley Wilmot's Bill, observed that an extension of the jurisdiction of County Courts to the limit of £100, in actions at law, might be desirable. My own impression is that an extension to £100 in tort, £200 in contract, and £1000 in equity, would best meet the present exigencies of the question, but to these limits the jurisdiction of County Courts should be original and exclusive. The present County Courts want two great improvements, viz., the selection of counsel of more ability and standing for judges, and making the registrars independent, by depriving them of private professional practice. The defects indicated in the present County Courts are owing principally to the economic spirit in which they were instituted, but in any material extension of their jurisdiction these defects should be provided against. Every court of justice should possess adequate judicial calibre, and be severed as much as possible from all private influences. In short, it should command respect by its ability, and avoid the suspicion of bias by its independence. J. J.

THE PRESTON LAW SOCIETY AND MR. ELWORTHY'S SOLICITORS DISABILITIES BILL.-In your last publication I have observed a letter with reference to the Preston Law Society and Mr. Elworthy's Solicitors' Disabilities Bill, and that it is stated as the belief of a "Country Solicitor,' that every solicitor in Dorchester made a payment of 108. to Mr. Elworthy on account of it. I beg to be allowed to state, that I made no such payment, and that, if I had happened to be at home when he favoured me with a call, one contribution of 10s.,if not more, would have been declined. For the information of the "Country Solicitor," and that of any others who feel more interest in the Disabilities Bill than I do, I beg to say that a brass plate on a door near the Hare and Hounds Inn, in Shepton Mallett, Somerset, indicated Mr. Elworthy's presence in that town a few weeks ago, and I assume every information on this interesting subject may be obtained by a letter addressed there. G. SYMONDS.

Dorchester, Feb. 18.

[If as many as fifteen hundred country solici tors subscribed to the fund in question, it certainly indicates the feelings of solicitors in regard to the disabilities under which they labour.-ED.]

STAMP DUTIES.-Not for the sake merely of having the last word, do I ask you to favour me with space for a few lines in rejoinder to Mr. Smith's letter in your last number (page 287). Mr. Smith says: "A general view of the whole stamp duties is not my object, even if I were competent to the task," &c. I do not know, from the above, whether Mr. Smith does or does not really feel himself competent to the task named-having in mind that which he afterwards says, that he has not an atom of doubt that the principle of the reform (to use his expression) he advocates is one of justice. One would hope that during the seven years (as I gather from the Law List) that Mr. Smith has been admitted, he has had too much of other business to leave him good leisure for studying the Stamp Acts, but my own more than twenty-five years study of, and special practice under the Acts, will perhaps warrant me in expressing a long since settled opinion, which is, that a competent knowledge of the Stamp Law (not merely of the Acts) as a whole, is (inter alia) necessary to fit one to alter it, and that even with this competency there would be some danger, in piecemeal alterations, of creating as great incon sistencies as those such alterations were intended to remove; especially that we have now in operation the-to which I have more than once referred in this correspondence-Consolidation Act of 1870; and I am wicked enough to add, that I have not an atom of doubt that Mr. Smith's

proposals would result in this. I would humbly
suggest that Mr. Smith put aside the Stamp
Acts for a few years, and in lieu of attempts at
altering them, he gives them the benefit of his
further study and practice. Mr. Chamberlain, who
has recently said, on (I believe) a public plat-
form, that if not this session, in the next, or next,
he means to abolish deeds! Now here is matter
for Mr. Geo. T. Smith to develope his acumen
with, and a foe worthy his steel.
19 Feb. 1878.

H. F. H.

Answers.

(Q. 65.) AGRICULTURAL HOLDINGS.-Presuming the property leased to be agricultural or pastoral, I am of notice, under the 51st section of the Act, no notice opinion that the tenant is entitled to twelve months' having been given by either party excluding the Act. Since writing the foregoing Pollock, B. has given a judgment confirming it.

T. E. L.

In this case, as no notice excluding the provisions of the Act was given by either party, it is quite clear that the tenant can insist on a twelvemonth's notice,

expiring with a year of the tenancy. Sect. 51 applies to Feb. 1876, whether there is a written agreement affecting such tenancy or not, unless proceedings have beca taken to exclude the Act, as pointed out by sect. 57. ENGLAND HOWLETT.

every tenancy from year to year existing on the 14th

The notice provided by sect. 57 of the Agricultural Holdings Act 1875 not having been given, the tenants entitled to twelve months notice to quit, provided the lease comes within sect. 58 of the said Act. L. W.

The tenant is entitled to one year's notice, by virtue of sect. 57 of the Agricultural Holdings Act, which enacts that the provisions of that Act shall ing at the commencement of the Act, unless a notice excluding the provisions of the Act shall have been given. HAL.

(Q. 66.) STATUTORY NOTICE TO CREDITORS.-Such notice must be given as the Court of Chancery would give in an administration suit, viz., insert advertisement once in London Gazette, two or three times in the Times, twice in at least two of local papers where testator resided. T. E. L.

- "Inexpertus" will find full information as to his

their best to satisfy the complainant without
persecuting the defendants. The defendants'
solicitor, Mr. Goatly, through Mr. Abrams'
sent for trial, while the complainant's solici-
advocacy, had endeavoured to have the case
tor, in his client's interest, and not ignoring
the position and very moderate means of
the defendants, endeavoured to promote, and
succeeded in promoting, a final result that
should prove satisfactory to complainant to
accept, and feasible for defendant to carry
out. I may further mention that on the final
hearing of the case, the conditions imposed
by the magistrate having been fulfilled, there
was no irregularity in a clerk from Mr. Bowker's
office attending the court to inform the sitting
magistrate that his behests had been obeyed, and
defendants from their bail duly performed, the
the conditions necessary for the release of the
balance of the amount after the authorised pay-
ments, £9 15s., having been handed to com-
plainant. Mr. Francis J. Hammond, the surgeon,
who attended complainant subsequently to his apply in the case of a tenancy from year to year, exist
discharge from hospital, had stated, a week
previously to this, that Graney would be
enabled to resume work within 8 fort-
night from that date. Mr. Abrams' remarks
of Mr. Bowker's clerk, constitute
in court, in which he ignored all knowledge
a wilful
falsehood, Mr. Abrams having been formally in-
troduced to that gentleman so recently as Jan.
1878. The report of the case which has appeared
in the public papers is not only garbled, but abeo-
lutely false in detail, and although I do not impute
the utter absence of correctness of report to the
papers themselves, I do not excuse the want of
it might emanate. The case of the complainant
fairness of representation, from whatever source
was never once represented in court or to the
complainant as being in other than Mr. Bowker's
hands, and, although the immediate conduct of
it in detail devolved upon myself, I did not arro-
gate the position of solicitor in the matter, having
at no time any thought of such assumption; still
less had any attempt been made to secure such
practice on behalf of my principal or upon my
own account. The application of the foregoing
explanation and remarks, taken in conjunction
with your reply to a correspondent, at p. 284,
LAW TIMES, Feb. 16, inst., respecting employment
"during articles," certainly leads me to infer
that I am not wrong in assuming the right of repre-
senting a case in a police court, with the consent of
my principal, this being conceded to articled clerks
at petty sessions. Hitherto, in stating the case,
I have done so only in vindication of my
own reputation; to add any comment in support
of the character of Mr. Bowker would be super-
fluous. As it is my hope to be shortly admitted
on the roll of solicitors, so do I trust that you
will not deny me this public explanation of a case
which has met with harsh comment in, and has
elicited unjust criticism from, the press. I inclose
the papers in the case for your inspection and in
proof of my assertion.

WM. HY. ARMSTRONG, Jun.

1, Gray's Inn-square, W.C.
20th Feb. 1878.

NOTES AND QUERIES.
are inserted unless the name and address of the

writer are sent, not necessarily for publication, but as a
guarantee for bona fides.

BOW-STREET POLICE COURT.-TOUTING IN POLICE COURTS.-RIGHTS OF SOLICITORS AS ADVOCATES.-Under this heading a resumé has appeared in the LAW TIMES of the 16th inst., which, although well descriptive of a case as it appeared in other papers, is not an account of the case as it occurred in fact. As my own name has been prominently imported into the narrative, I must crave leave to state the circumstances as they really took place. One Daniel Graney (not Grady) a porter in Covent Garden Market, had received unjustifiable ill-treatment from two young men whose conduct was bad in the first instance-indeed so bad that the magistrate stated his apprehension that the matter might evolve into a case of manslaughter. Graney was taken to Charing Cross Hospital, and remained there eight days, when, it having been found that ardent spirits were concealed in his bed, he was at once sent to his own house. Soon after this Graney's wife called upon me, and sought my advice at Mr. Bowker's office, in Broad-court, Bow-street; but before taking any steps in the matter, I sent a clerk to see complainant, who was stated to be confined to his bed, in order that any instructions should emanate directly from him, the complainant in the case; therefore he, in the usual form, retained my principal, and I subsequently saw Graney, his wife and daughter | None (who each of them called), and advised them in the matter. In addition to the advice given on these occasions, and in representing Graney's interests, I appeared twice for him on the adjourned bearing of the case at the Bow street Police Court, and in the event Mr. Vaughancoinciding in my suggestion that the amende honorable accompanied with the substantive compensation for damage done or injuries inflicted, would be the best for the interest of complainant-ordered defendants to pay to complainant's solicitor £15 in two instalments, at weekly intervals; which sum was to cover complainant's medical fees and solicitor's costs. This arrangement was agreed to by the complainant; and on the day the first instalment of £10 was paid by the defendants, I paid over to Graney £5, having been requested by Mr. Vaughan not to allow the first payment to exceed that amount-Graney and his wife being cautioned by Mr. Vaughan not to get drunk with the money; their proclivities being already well known at Bow-street. I should also mention that the defendants had been represented by Mr. John Abrams, who has had hitherto a quasi prescriptive right of practice in Bow-street Police Court; and as this gentleman is certainly not more respectable as Mr. Walter Ephraim Goatly's clerk than I am as the managing clerk of Mr. Bowker, who have the advantage of being articled, and of having had many years' experience in three of the best legal firms before I entered upon my articles, I fail to see why Mr. Vaughan, in his magisterial eloquence, should have inveighed against the solicitor (or his clerk) who had been formally instructed by, and certainly had done his and

Queries.

70. DEED-BUILDING LEASES.-By a disentailing and partition deed certain freehold lands were granted, aliened, released, disposed of, and confirmed to X. Y. to hold the same to the use of such person or persons, for such estate or estates, interest or interests, and subject to such provisions, conditions, restrictions, and limitations as G. H. and M. his wife should by ary

deed or deeds, instrument or instruments in writing, to

be by them respectively sealed and delivered in the
presence of, and attested by, two witnesses, from time
to time direct, limit, or appoint; and in default of and
until such direct on, &c. to G. H. for life, remainder,
to M. his wife for life, re nainder, &c. Have the said
G. H. and M., his wife, power to grant building leases of
portions of the above premises, in the absen-e of any
power of leasing in the deed?

A YOUNG READER.

reader of the LAW TIMES can refer me to any authority
71. STAMP ON CONVEYANCE.-I shall be obliged if any
deciding that a conveyance by a board of guardians,
with the assent of the local government board, does
not require a stamp.

PUBLITANS.

72. APPRENTICE.-A. B. is bound to C., D., and E. for a term of years, and no mention is made as to survivorship; C. ded two years ago, D. has recently died, and the business is now carried on by E. The apprenticə contends that in consequence of the death of the two partners C. and D., he is not bound to complete the term of apprenticeship with the surviving partner. Is this so? The only case I can find is an old one, Rer v St. Martin's, Exeter (1 Har. & Woll. 69), where it is held that an apprentice bound to two partners, on the death of one becomes in law the apprentice of the survivor.

Can you refer me to any other authority on the point?

LEX.

inquiry in Wilkinson's Precedents in Conveyancing,
p. 137; and the cases of Clegg v. Rowland (15 L. T. Bej.
N. S 385); and Wood v. Weightman (L. Rep. 13 Eq.
434).
T. W.

- Under the 22 & 23 Vict. c. 35 (Trustee Relief be directed in an administration suit. The practice in Amendment Act), the notice should be such as would

such a suit is to direct the notice to be inserted once in the London Gazette, and in such other papers and so many times as the chief clerk thinks fit. Under the above Act the notice should, therefore, be inserted once in the London Gazette, and in such other papers and so many times as the person giving the notice in his discretion may decide. HAL

FOR DAMAGE.-I

(Q. 68.) RABBITS-COMPENSATION do not see that B. has the right to sue for damage done to his crops by rabbits, unless either the landlord or the adjoining tenant has entered into a covenant in relation thereto. T. E. L.

-The clause in A.'s lease being qualified by the landlord's entry to shoot the rabbits, I think B.'s remedy is against the common landlord. S.W.

The action should be against A., who is liable for the injury to B.'s crops: (Fletcher v. Rylands, L. Rep. 1 Ex. 265; L. Rep. 3 H. L. 330.) The clause in A. 8 lease giving C. a right to enter on A.'s land to shoot question, as it is only a right in favour of C., and not rabbits if they are not kept down does not affect the an obligation on his part; and even if it were an obligation, A. would still be liable to B., although A. night sue C. for breach of covenant.

HAL.

LEGAL OBITUARY. NOTE.-This department of the LAW TIMEs, is contributed by EDWARD WALFORD, M.A., and late scholar of Ballic! 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 oblig by forwarding to the Law TIMES Office any dates and materials required for a biographical notice.

T. CHITTY, ESQ. THE late Thomas Chitty, Esq., the well-known special pleader of the Inner Temple, who died on the 13th inst., at his residence, 47, Lancaster-gate, Hyde park, in the seventy-seventh year of his age, was a member of a family who for three or four generations have distinguished themselves as lawyers. He was a son of the late Mr. Joseph Chitty, barrister-at-law, and the author of a large number of legal works, some of which are stu quoted as authorities, particularly his "Notes c Blackstone's Commentaries," his "Practical Treatise on the Stamp Laws," and on "The Laws of Foreign and Inland Commerce," &c. He was born in 1801, and began his practice below the bar in the year 1819, at an unusually early age. He was never called to the Bar, but practised as a special pleader, and his very large business scon brought with it a large number of pupils, amora whom may be mentioned Lord Chancellor Cairns Lord O'Hagan, Chief Justice Whiteside, Mr. Jus tice Willes, Mr. Justice Quain, Sir James Hannen Mr. Thomas H. Fellows (a judge of the Supreme Court of Victoria), Mr. Samuel Prentice, QC Mr. Henry Matthews, Q.C., Mr. F. Herschell Mr. Philbrick, Q.C., Mr. Bidder, QC., Mr. W Grantham, Q.C., M.P., Mr. J. C. Mathew, Mr Pollock, Mr. Herbert Broom, LL.D., the late Mr C. M. Lanyon, Mr. Charles Crompton, Mr. Lumley Smith, Mr. J. G. Witt, Mr. Montagu Corry, Mr Reilly (Parliamentary draughtsman), Mr. Graham Mr. Addison, Mr. Venables, and Mr. George J Notcutt. The late Sir J. Emerson-Tennant, an Mr. John Forster, the author of "Statesmen o the Commonwealth," were also pupils of Mr Chitty. He was the editor of "Forms of Prac tical Proceedings in the Court of Queen's Bench Common Plea, and Exchequer," which passe

COURTS AND COURT Friday
PAPERS.

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

HILARY SITTINGS, 1878.

Rota of Registrars in Attendance.

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Certificates of Sale and Transfer.-Saturday, Feb. 23,
Mr. Latham; Monday, Mr. King; Tuesday, Mr.
Farrer; Wednesday, Mr. Tesdale; Thursday, Mr.
Holdship; Friday, Mr. Pemberton; Saturday, Mr

through several editions, and was long the recog- THE nised handbook of the Profession. Although the Judicature Acts of recent times have to some extent diminished its value, the book is still highly useful, and will long remain a memorial of the industry and research of its editor. Mr. Chitty was also the editor of "Burn's Justice of the Peace," which was highly commended by the late Mr. Justice Willes. Mr. Chitty rose rapidly into a large business, and continued hard at work till the close of last year, when failing health compelled him to relinquish his attendance at his chambers in King's-bench-walk. In a biographi cal notice of the deceased gentleman which appeared in the Times, it is stated that he was 62 an eminently bright, cheerful, kindly man, much beloved by his old pupils and numerous friends, and his long and honourable career had secured for him universal respect and goodwill in his pro. fession. He retained," adds the writer, "almost to the last his active habits and quickness of intellect, and no one would have recognised in the strenuous and adroit advocate at Judges' Cham. bers a man who for nearly sixty years had borne the burden of a large business in the most laborious of professions." Rat any sketch of the late Mr. Chitty would seem incomplete if we were simply to confine it to his position and repute asja lawyer. Let us touch, however imperfectly, upon some of those other characteristics which will be treasured up in the memory of his old friends. Mr. Chitty took a warm interest in the Volunteer movement, and at one time he was seldom absent from the muster of the Inns of Court Corps when the members assembled for drill or for marching out. To him the corps was indebted for the successful organisation of the band; and such was the energy and force of his character, that young legal recruits were frequently induced by his influence to enrol themselves as members of the corps. In this slight notice it would scarcely be appropriate to touch upon many of those virtues which endeared him to his personal friends in private life. But it will scarcely be out of place to allude to his singular power and influence over young men with whom he was brought in contact. Such was the vigour of his mind, and the freshness and charm of his manner, that he came to be regarded not only as the faithful counsellor, but as the friend and companion of men not nearly half his age. Earnest as he was in busi. ness, he always seemed ready to sympathise with those active and manly pursuits which it is to be hoped will long form a prominent element in English character. It may be mentioned that he was a steady and zealous supporter of a Law Clerks' Cricket Club, which has long flourished under his kindly auspices. It afforded him a genuine pleasure to attend at the annual social gatherings of the club, when the reports were read, and prizes distributed for deeds of prowess in the cricket field. The deceased gentleman was married and has left a family; his son, Mr. Joseph Chitty, Q.C., has held for some time a leading position at the Bar; and his grandson, Mr. Edward W. Chitty, was recently called to the Bar at Lincoln's-inn.

G. P. SMITH, ESQ.

THE late George Paton Smith, Esq., barrister-atlaw, of Victoria, Australia, who died in that colory towards the close of December last, had long occupied a prominent position in Victoria Commencing his public career some twenty years ago, as a journalist, he afterwards practised at the local Bar, at which he worked with marked ability and success down to within a few days of his death. Having entered the Australian Parliament, he began his political career, says the correspondent of the Times, as one of the party which was willing to trust unchecked power to maut cod suffrage; but his views gradually changed, and he became what passes in the colonies for a Conservative. "He was a trenchant and reckless speaker, and his comments on the degradation of representation witnessed at the last general election nearly brought him to the bar of the House." In 1868 he was appointed to the office of Attorney-General, in the second M'Culloch administration.

R. W. POHLMAN, ESQ. THE late Robert Williams Pohlman, Esq., Judge of the County Court at Melbourne, whose death occurred at the close of the last year, was an old col nist, identified with the earliest days of Melborrne. He had served the colony in a number of subordinate judicial positions for upwards of thirty years, and on two occasions had occupied a temporary seat on the bench of the Supreme Court. The name of Judge Pohlman," says the Australian correspondent of the Times, "has been long associated with a useful and patient administration of justice, and with a host of charities, public and private, by which it will be held in remembrance."

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17 Motion and general paper

N B.-The days, if any, on which the Master of the Rolls shall be engaged in the Court of Appeal are excepted.

Causes and actions in which witnesses are to be examined before the court will be taken on Tuesdays, Wednesdays, and Thursdays, and causes and actions without witnesses will be taken on Mondays; but when the list of causes and actions without witnesses is exhausted, causes and actions with witnesses will be taken on Mondays also.

Further considerations will be taken as part of the

general paper in priority to original causes which have not already appeared in the paper.

Unopposed petitions must be presented and copies. left with the secretary on or be'o e the Thursday preceding the Saturday on which it is intended they should be heard; and any cause intended to be heard as a short cause must be so marked in the cause book at least one clear day before the same can be put in the paper to be so heard, and the necessary papers must b left in court with the judge's officer the day before the cause is to be put in the paper.

Wedne day

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23 Ditto

25 Ditto

26 Ditto

27 Appeal motions ex parte, appea's

Friday Saturday Monday

Tuesday

Thursday Friday..

Saturday

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Saturday

14 Mot ons and general paper

and

15 Short causes, petitions, and general paper

Ad ourn d

s'immonses

general paper

18 General paper

19 Ditro

21 Motions and general paper

a:.1

22 Short cau es, petitions, and general paper Adjourned simmonses

23

general paper

25 General paper

25 Ditto

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aul

29 Short causes, petitions, an general paper

30 Ad ourned summonses

general paper

April 1 General paper

2 Ditto

Monday Tuesday.

Wednesday

Thursday

Friday

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6

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N.B.-Lunacy petitions will be taken every Saturday

during the Sittings.

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Thursday Friday.

Satu: day

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canses,

adand and

Wednesday

9 Pet tions, short journed summonses,

general paper

11 Adjourned summonses

general paper

12 Gener.l paper

13 Ditto

14 Ditto

3 Ditto

4 Motions and general paper

and

5 Short causes, petitions, an general paper

Adjourned summonses
general paper

8 General paper

9 Ditto

11 Motions and genera' paper

and

12 Short causes, petitions, and

13

general raper

Adjourned summonses

general paper

15 General paper

16 Ditto

20 Motions and general paper

and

Any cause intended to be heard as a short cause must be so marked in the cause book at least one clear day before the same can be put in the paper to be so heard, and the necessary papers must be left in court with the judge's officer the day before the cause is to be put in the paper.

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