Company Atherley v. Isle of Wight Railway Company Railway Company Earl Beauchamp v. Winn Peirce v. The Watford and Rickmansworth Railway Hayman . The European Capon v. Fremlin Wonham v. Machin of Haynes v. The Metropoli- and Hampstead Junction Miller v. Marriott Smith v. Davis Re Millett-Edmonds v. Millett The Master, &c., of Tallow Frew v. Strange Withington v. Tate Re Willan Willan v. Bird v. Metropolitan Rail way Company Harman v. Charsley v. Power v. Collingwood Malcolm r. The Dock Com- James v. James James v. James Duncan v. Pond Legge v. Legge V. C. Malins' Court. Whitemore v. Whitemore mited) v. Gladstone Michael v. Fripp Harrington v. The Millwall Prudential Assurance Com- Bass v. Dawber pany v. Thomas Cox v. Smith Butler v. Cumpston Muggeridge v. Adams Ashman v. James Southee v. James Flight v. Finch The Metropolitan Board of Thorncroft v. Wells British The Bolden v. Adcock Inchbald v. Robinson Tooth v. Hallett Fytche v. Fytche Ringrose v. Dugdale Benn v. Bates Tillett v. Andrews Catton v. Young Salt v. The Hereford, Hay, Bates v. Gaylor Mitchell v. The Great East- Crickmore v. Freestone Wright . The Seed Crush- Tricks v. Hobbs Blest v. Asslin Johnson r. Lander Dear v. The Clarence Hotel Great Eastern Railway Co. Gale v. Stansfeld Sykes v. Marsland Heath v. The Metropolitan Eastern Railway Co. The London and North- Skirrow v. Skirrow Scott v. Rayment From the Queen's Bench, on Thursday, the 26th ; Friday, the 27th; and on Saturday, the 28th Nov. From the Common Pleas, on Monday, the 30th Nov.; on Tuesday, the 1st, and Wednesday, the 2nd Dec. From the Exchequer, on Thursday, the 3rd, and COURT OF PROBATE AND DIVORCE. (Before Sir J. P. WILDE.) This was the first day of the present sittings. The Probate list contains 26 causes, of which 13 are set down for trial by special juries, 3 by common juries, and 10 by the Court itself. The Divorce list contains 201 causes, of which 11 are special jury causes, 25 are common jury causes, and 161 are to be tried without juries. There are also 5 cases set down for argument before the full Court. SITTINGS OF THE FULL COURT. The JUDGE-ORDINARY gave notice that the day fixed for the sitting of the full Court had been changed, in consequence of the judges of the Court of Common Pleas being engaged in the registration business. The full Court will sit on the 18th inst., instead of the 11th inst.; and on the 11th inst. the Court will proceed with divorce cases without juries. LEGAL OBITUARY. C. EVANS, ESQ. THE late Charles Evans, Esq., barrister-at-law, and Chancellor of the Diocese of Norwich, who died in that city on the 21st ult., in the seventieth year of his age, was the eldest son of the late Rev. Benjamin Evans (who was for many years an assistant at Harrow School), by Frances, daughter of Charles Jeffrey Cottrel I, Esq. He was born at Harrow in the year 1798, and was educated at Eton and at Pembrok e College, Cambridge, where he graduated B.A. in 1819, as twelfth Wrangler, and was elected Fellow in 1821. He was called to the Bar at Lincoln's-inn, in Feb. 1823. He was appointed in 1844, Chancellor of the Diocese of Norwich. He was also president of the directors of the Norwich Union Fire Office; chairman of the trustees of the Norwich Grammar School, and of the guardians of the poor for the Norwich incorporation. He was a magistrate of the city of Norwich, and acted as revising barrister from 1832 to the time of his death. Mr. Evans married in 1829, Emily, daughter of George Morse, Esq., of Norwich, by whom he has left five sons and three daughters. H. OWEN, ESQ. The late Herbert Owen, Esq., Barrister-at-Law, and Revising Barrister for West Gloucester, who died at Weymouth on the 14th ult., in the 58th year of his age, was the youngest son of the late Joseph Owen, Esq., of Pedmore, Worcestershire, by Ann, daughter of the late John Corne, Esq., of Worcester, and niece of the late Francis Corne, Esq., of Anville Hall, Staffordshire. He was born at Pedmore in the year 1810, and was educated under Dr. Rowley, at Bridgenorth and at Shrewsbury School. He graduated at Caius College, Cambridge in 1833, and was shortly afterwards called to the Bar at the Inner Temple. He was appointed Revising Barrister for West Gloucestershire in 1864. Mr. Owen married, in 1839, Catherine, daughter of the late James Paterson, Esq., of Cornwall-terrace, Regent's-park, London, and granddaughter of the late Col. Paterson, R.A., by whom he has left five sons surviving. GOFFRIE, CHARLES FERDINAND LUDWIG, professor of music, Gower-st, Bedford-sq. Pet. Oct. 28. O. A. Edwards. Sols. Messrs. Lewis, Ely-pl. Sur. Nov, 11 HAMMOND, JOSEPH, commercial traveller, Reading. Pet. Oct. 26 HARTLEY, JAMES, oil warehouseman, Gloucester-pl, High-st, HOOF, ALFRED, not in any occupation, United-hotel, Charles-st. Sur. HUXLEY, EDWARD, surgical instrument maker, Old Cavendish- LEE, THOMAS VINCENT, civil engineer, late Millman-pl, Bedford- row. Pet. Oct. 19. Reg. Pepys. O. A. Graham. Sur. Nov. 12 MARKS, ABRAHAM, clothier, High-st, Whitechapel. Pet. Oct. 27. Sur. Nov. 17 PROMOTIONS & APPOINTMENTS RING, RICHARD, attorney-at-law, late Royal Avenue-ter, King's [N. B.-Announcements of appointments being in the nature of advertisements, are charged 2s. 6d. each for which postage stamps should be inclosed.] WHITEHALL, AUGUST 14.-The Lord Chancellor has appointed Stephen Hart Jackson, of Ulverston, in the county of Lancaster, gentleman, to be a Commissioner to Administer Oaths in the High Court of Chancery in England. The Right Hon. Sir William Bovill, Knt, Lord Chief Justice of Her Majesty's Court of Common Pleas, at Westminster, has appointed Stephen Hart Jackson, of Ulverston, in the county of Lancaster, Gentleman, to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women, under the Act passed for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance, in and for the county of Lancaster. To surrender at the Bankrupts' Court, Basinghall-st. ALLEN, JOHN, smith, Avenue-rd, Camberwell. Pet. Oct. 21. Reg. Pepys. O. A. Graham. Sur. Nov. 17 BAKER, GEORGE, manager to a licensed victualler, Eastbourne. Pet. Oct. 26. Reg. Pepys. O. A. Graham. Sol. Perry, Guildhall-chambers, Basinghall-st. Sur. Nov. 17 BIDDLE, FREDERIC THOMAS, lawyer's clerk, Penton.pl, Newington. Pet. Oct. 28. Reg. Pepys. O. A. Graham. Sol. Ryan, Lincoln's-inn-fds. Sur. Nov. 17 BIGGS, WALTER, pharmaceutical chemist, High-st, Hampstead, and Pond-st, Hampstead. Pet. Oct. 22. Reg. Pepys. O. A. Graham. Sols. Lawrence, Plews, and Co., Jewry-chambers. Sur. Nov, 10 BLISSETT, AUGUSTUS, grocer, Drummond-st, Euston-sq. Pet. Oct. 27. Reg. Pepys. O. A. Graham. Sol. Dobie, Basinghallst. Sur. Nov. 17 BOTTGER, ROBERT, general commission agent, late Cherry Tree- BROWN, ISAAC BAKER, surgeon, Hendon; Stanley-ter, Kensing- Sur. CARMAN, THOMAS HENRY, out of business, King-st, Long-acre. COX, WILLIAM JAMES, journeyman engine fitter, Deptford. Pet. Oct. 26. Reg. Pepys. O. A. Graham. Sol. Godfrey, Hattongarden. Sur. Nov. 12 CROWTHER, JOHN PETER, stonemason, Marlborough-sq, Chelsea. Pet. Oct. 26. Reg. Roche. O. A. Parkyns. Sol. Biddles, Southsq. Gray's-inn. Sur. Nov. 11 CUTHBERT, HENRY STEPHEN, fruiterer, Sloane-st, Chelsea. Pet. Oct. 28. Reg. Pepys. O. A. Graham. Sol. Bartlett, Chandosst, West Strand. Sur. Nov. 17 DE LARD, ALFRED (sued as Edward Fuller), printer, late Finch- PICKETT, JOSEPH, whip manufacturer, late Curtain-rd, Shoreditch. Pet. Oct. 19. Reg. Pepys. O. A. Graham. Sur. Nov. 12 rd, Chelsea. Pet. Oct. 24. Reg. Brougham. O. A. Edwards. Sol. Wood, Basinghall-st. Sur. Nov. 11 ROCKE, ALFRED BEALE, commission agent, John-st, Berkeley-sq. Pet. Oct. 26. Reg. Pepys. O. A. Graham. Sol. Norman, Sackville-st, Piccadilly. Sur. Nov. 17 SALMON, HENRY, licensed victualler, Queen's-arms, Oxford-st. Pet. Oct 24. Reg. Pepys. O. A. Graham. Sol. Miller, Bond-cthouse, Walworth. Sur. Nov. 12 SOMERVILLE, JOHN WILLIAM, plumber, Meyrick-rd, Clapham- TIFFIN, HENRY, solicitor, Sudbury. Pet. Oct. 26. Reg, Pepys. To surrender in the co intry. ADDISON, GEORGE BARNABAS, iron dealer, late Manchester. Pet. ASCOUGH, WILLIAM, out of business, Liverpool. Pet. Oct. 26. BESKABY, THOMAS POTTERTON, cottager, Ingoldsby. Pet. BUTT, WILLIAM, grocer, Bradford-on-Avon. Pet. Oct. 25. Reg. O. A. Kinnear. Sol. Spooner, Leicester. Sur. Nov. 17 DONNETT, EDWARD, butcher, Blandford Forum. Pet. Oct. 22. HONOUR, JOB, potato dealer, Birmingham. Pet. Oct. 22. Reg. Pet. Oct. 19. HOPKINS, JOHN, beerseller, Bath. Pet. Oct. 26. Reg. & O. A. JOHNS, WILLIAM PROTHERO, labourer, Swansea. Pet. Oct. 26 LITTLE, GEORGE WARD, merchant, Kingston-upon-Hull. Pet. MOORE, GEORGE, grocer, Hanley. Pet. Oct. 26. Reg. & O. A. Challinor. Sols, Messrs. Tomkinson, Burslem. Sur. Nov. 14 MORGAN, JOHN, lock-keeper, Navigation, near Pontypridd. Pet. Oct. 27. Reg. & O. A. Spickett. Sol. Grover, Pontypridd. Sur. Nov. 14 PAGE, JOHN LANE, late Whitstable. Pet. Oct. 20. Reg. & O. A. Callaway. Sur. Nov. 17 PEAKE, HENRY, out of business, Birmingham. Pet. Oct. 27. Reg. & O. A. Guest. Sol. Atkins, Birmingham. Sur. Nov. 20 PENNEY, JOHN, fish dealer, Chesterfield. Pet. Oct. 20. Reg. & O. A. Wake and Waller. Sol. Gee, Chesterfield. Sur. Dec. I PHILLIPS, JOHN, traveller, Bristol. Pet. Oct. 23. Reg. & O. A. Harley and Gibbs. Sol. Clifton. Sur. Nov. 20 PRESTON, HARRIETT, bootmaker, Liverpool. Pet. Oct. 26. Reg. & O. A. Hime. Sol. Blackhurst, Liverpool. Sur. Nov. 10 PRESTON, JAMES, licensed victualler, Sleaford. Pet. Oct. 27. Reg. Tudor. O. A. Kinnear. Sol. Gibson, Nottingnam. Sur. Nov. 17 RAVENSCROFT, GEORGE, builder, Monks Coppenhall. Pet. Oct. 26. O. A. Turner. Sol. Bellringer, Liverdool, agent for Lichfield, Newcastle. Sur. Nov. 11 RIDDLESTORFFER, GEORGE ADODPHUS, jun., upholsterer. Brighton. Pet. Oct. 24. Reg. & O. A. Evershed. Sol. Bentley, Brighton. Sur. Nov. 11 ROBINSON, FREDERICK WILLIAM, grocer, Halifax. Pet. Oct. 17. Reg. & O. A. Rankin. Sol. Thomas, Halifax. Sur. Nov. 13 SEDDEN, EDWARD, leather dealer's assistant, Accrington. Pet. Oct. 28. Reg. Fardell. O. A. Harris. Sols. Smith and Boyer Manchester. Sur. Nov. 11 SHIRNELD, THOMAS, innkeeper, Nether Boughton. Pet. Oct. 2 Reg. & O. A. Oldham. Sol. Lees, Nottingham. Sur. Nov. 16 SMITH, JOHN, licensed victualler. late Blackburn. Pet. Oct. 13. Reg. Fardell. O. A. Harris. Sur. Nov. 10 STEAD, WILLIAM HENRY, oil merchant, Halifax. Pet. Oct. 17. O. A. Young. Sur. Nov. 9 TATE, JOHN ARTHUR HENRY, printer, Alnwick. Pet. Oct. 27. Reg & O. A. Wilson. Sol. Tate, Alnwick. Sur. Nov. 10 THURSTON, ROBERT, manager of an eating house, Great Yar mouth. Pet. Oct. 27. Reg. & O. A. Chamberlain. Sol. Sadd, jun., Norwich. Sur. Nov. 13 Pet TOMALIN, THOMAS, greengrocer, Ventnor. Pet. Oct. 23. Reg. & To surrender at the Bankrupts' Court, Basinghall-street. BILLING, THOMAS. and KANE, JAMES, brewers, New-rd, Old Brentford. Pet. Oct. 29. O. A. Edwards. Sol. Ody, Trinity-st, Southwark. Sur. Nov. 18 BOLTON, JOHN HAYCROFT, late Captain in Her Majesty's Army. Brecknock crescent, Camden town. Pet. Oct. 29. Reg. Brougham. O. A. Edwards. Sol. Edwards, Bush-la, Cannonst. Sur. Nov. 18 BOWTELL, GEORGE, builder, Leyton. Pet. Oct. 29. Reg. Pepys. Q. A. Graham. Sol. Olive, Portsmouth-st, Lincoln's-inn. Sur. Nov. 19 BUSH, HENRY JOHN, out of business, Brentwood. Pet. Oct. 31. Reg. Pepys. O. A. Graham. Sol. Brown, Weaver's hall, Basinghall-st. Sur. Nov. 19 CADYWOULD, HENRY GEORGE, cabinet maker, late Great Yar mouth. Pet. Oct. 22. Reg. Pepys. O. A. Graham. Sur. Nov. 24 FISHER, SARAH, servant in a lodging-house, late Great Yar mouth. Pet. Oct. 22. Reg. Pepys. 0. A. Graham. Sur. Nov. 24 GRAY, WILLIAM ARNEY, chemist, late Shafton-rd, South Hackney. Pet. Oct. 30. Reg. Murray. O. A. Parkyns. Sol. Parsons, King William-st, Charing-cross. Sur. Nov. 18 HETT, EDWARD, out of business, Great Russell-st, Bloomsbury. Pet. Oct. 29. Reg. Pepys. O. A. Graham. Sol. Dunn, Ludgate-hill. Sur. Nov. 19 HILLER, CARTER, fish dealer, Darkhouse-la, Lower Thames-st, and Great Dover-st, Borough. Pet. Oct. 29. Reg. Pepys. O. A. Graham. Sol. Blackford, Queen-st, Cheapside. Sur. Nov. 19 KEITH, GEORGE, ice merchant, Great Russell-st, Bloomsbury, and William and Mary-yard, Golden-sq. Pet. Oct. 31. Reg. Pepys. O. A. Graham. Sol. Oriel, Alfred-pl, Bedford-sq. Sur. Nov. 19 KEMP, DIXON, journalist, late Strand. Pet. Oct. 22. Reg. Pepys. O. A. Graham. Sur. Nov. 17 KNOWLES, DAVID, out of business, Brighton. Pet Oct. 30. Reg. Pepys. O. A. Graham. Sols. Messrs. Linklaters, Walbrook. Sur. Nov. 19 MARX, WILLIAM CONRAD, engraver, Studd-st, Islington. Pet. MAYHEW, JEREMIAH, photographic artist, Great Titchfield-st NEWTON, HENRY, shoemaker, Chesham. Pet. Oct. 26. Reg. Pepys. O. A. Graham. Sols. Sole, Turner, and Co., Aldermanbury. Sur. Nov, 19 NOBLE, SAMUEL, farrier, Chigwell. Pet. Oct. 30. Reg. Pepys. O. A. Graham. Sol. Rigby. Basinghall-st. Sur. Nov. 19 ORCHARD, JAMES, musician, Stanley-st, Pimlico. Pet. Oct. 31 Reg. Pepys. O. A. Graham. Sol. Marshall, Lincoln's-innfields. Sur. Nov. 19 Sur. Nov. 19 PAGANI, ISAIAH, journeyman upholsterer, Howland-st, Fitzroy- SCHWARTZ, JACOB, jeweller, Southampton. Pet. Oct. 30. Reg. SMITH, HENRY, painter, Johnson-st, Notting-hill. Pet. Oct. 31. SMITH, GEORGE, butcher, Silver-st, Bloomsbury-market. Pet. To surrender in the Country. ARLISS, RICHARD, licensed victualler, Sheffield. Pet. Oct. 30 Reg. & O. A. Wake and Rodgers. Sols. Messrs. Binney. Sheffield. Sur. Nov. 18 ARMSTRONG, WILLIAM; and HOLMES, JAMES, cloggers, Cleator Moor. Pet. Oct. 29. Reg. & O. A. Were. Sol. Mason, Whitehaven. Sur. Nov. 11 BAILEY, SUSANNAH, licensed victualler, Oaken Gates. Pet. Oct. 19. Reg. & O. A. Newill. Sol. Bartlett, Wolverhampton. Sur. Nov. 6 BASSETT, JAMES, water bailliff, Pontypridd. Pet. Oct. 28. Reg. & O. A. Spickett. Sol. Rosser, Aberdare. Sur. Nov. 16 BELL, ROBERT, merchant, Liverpool. Pet. Oct. 29. O. A. Turner. Sols. Anderson and Collins, Liverpool. Sur. Nov, 13 BENN, SAMUEL, plumber, Bradford. Pet. Oct. 29. Reg. & O. A. Robinson. Sol. Dawson, Bradford. Sur. Nov. 13 Reg. & O. A DAVIES, DAVID, farmer, Llandinam. Pet. Oct. 29. EMERY, HENRY, out of business, Brighton. Pet. Oct. 29. Reg. Sur. Nov. 14 JAMES THOMAS, journeyman butcher, Debtling. Pet. Oct. 30. Reg. & O. A. Scudamore. Sol. Goodwin, Maidstone. GOVIER, CATHOLINE, spinster, Taunton St. James. Pet. Oct. 31. Reg. & O. A. Meyler. Sol. Trenchard, Taunton. Sur. Nov. 21 GREEN, THOMAS, innkeeper, Stainforth. Pet. Oct. 31. Reg. & O. A. Atkinson. Sol. Robinson, Settle. Sur. Nov. 18 GROSVENOR, ROBERT, ironmonger, Horncastle. Pet. Oct. 31. O. A. Young. Sols. Tweed, Horncastle; and Messrs. North, Leeds. Sur. Nov. 25 HARDLEY, GEORGE, waterman, Runcorn. Pet. Oct. 30. Reg. & Sol. Goodwin Pet. Oct. 29. Sur. Nov. 17 Reg. & O. A. HUDSON, CHARLES, jun., waiter, Manchester. Pet. Oct. 29. Reg. & O. A. Hime. Sol. Ritson, Liverpool. Sur. Nov. 13 IRELAND, WILLIAM FLETCHER, slater, Bolton. Pet. Oct. 38 Reg. & O. A. Holden. Sols. Hall and Rutter, Bolton. Sur. Nov. 18 JACKSON, JOHN, commercial traveller, Ulverston. Pet. Oct. 28. Reg. & O. A. Postlethwaite. Sol. Jackson, Ulverston. Sur. Nov. 23 Reg. Reg. & Reg. & LANE, THOMAS ROBERT, farmer, Dodderhill. Pet. Oct. 28. NICHOLLS, JOHN, farm labourer, Longtown. Pet. Oct. 20. Reg. & O. A. Batt. Sur. Nov. 17 Reg. ODELL, EMILY, milliner, Barnsley. Pet Oct. 30. Reg. & O. A WHITE, SOLOMON GEORGE, saddler, Pangbourne. Pet. Oct. 29. YOUNG, WILLIAM, factor, Notting-hill. Pet. Oct. 30. Reg. Hill. BANKRUPTCIES ANNULLED. MOORE, JOHN, ironmonger, Euston-rd. June 23, 1868 Blight, R. H. tailor, first, 2. 2. Carrick, Exeter.-Bunting, W. G. printer, first, 1s. 8. Parkyns, London.--Luscombe, R. commercial traveller, further on new proofs, 148, 8d. Carrick, Exeter.Macks, W. innkeeper, first, 24. Carrick, Exeter. So, P. T. captain, first, 3s. 2. Parkyns, London.-Watkiss and Jones, of Stansty, second, 1s. Get. Turner, Liverpool.- Watkiss, T. ironfounder, second sep., 18. 3. Turner, Liverpool.― Wilson, J. C. engineer, first, 1d. Parkyns, London. MOATE, GEORGE WALTER, cigar manufacturer, Manchester. Oct. 6. Trusts. T. H. Jenkins, agent, and W. Shipton, traveller, both Manchester PADDON, GEORGE, corn dealer, Plymouth, Oct. 3. Trusts. J. B. Body, farmer, Plymouth, and W. Vosper, Earth Barton POSTLETHWAITE, JOHN, brush maker, Rochdale. Oct. 8. 6s. 8d. by instalments, of 28. G., 2s. 2t., and 2. in 4, 8, and 12 mossecured RICHARDSON, JAMES, grocer, Sunderland. Oct. 14. 10. by four equal instalments, in 3, 6, 9, and 12 mos-guaranteed RUSSELL, SAMUEL, lightermian, Mincing-la. Aug. 22. 2. 6d. in 1 nio. Trust. J. Russell, baptist minister, Richmond ter, Victoria-pk-rd RUTTER, SAMUEL, grocer, Holbeck. Oct. 10. Trust. T. Ebdell, wholesale druzgist, Leeds STANLEY, HENRY, boot manufacturer, Upper Norwood. Oct. 16. 10s, by three equal instalments, on Feb. 16, May 16, and Aug. 16 STEEL, ALFRED, boot manufacturer, Edgware-rd, Paddington. Oct. 17. 5. by two promissory notes, in 3 and 6 mos TERRY, MILES, and HILL, GEORGE, joiners, Leeds. Oct. 8 Trusts. A. R. Armstrong, ironmonger, and E. Boothman, builder, both Leeds VINCENT, JOHN, corn dealer, Hales-ter, West India-rd. Oct. 15. 28. G. by three instalments, of Is. in 3 and 6 mos, and 6d. in 9 mos WEAVER, GEORGE, clothier, Tunstall. Oct. 8. In full, by four equal instalments, in 6, 12, 18, and 24 mos-secured. Trust. M. L. Burgess, writing clerk, Tunstall Gazette, Nov. 3. BALSTON, ALFRED THOMAS; and KING, CHARLES, builders, Cottenham-rd, Islington, Oct. 30. In full by four equal instalstalments on Feb. 1, May 1, Aug. 1, and Nov. 1, 1869 BUTLER, SAMUEL, draper, Preston. Oct. 10. 6s. 8d. Trusts. G. Cooke, draper, Blackpool; J. G. Cooper, merchant, Manchester; and W. Todd, manufacturer, Withnell CASTLE, THOMAS, jun., licensed victualler. St. George's-in-theEast. Oct. 23. Trust. D. Smith, Charlotte-st, Fitzroy-sq CALVERT, WILLIAM, draper, York. Oct. 7. Trusts. R. Webster, stuff merchant, Bradford; and J. H. Bennett, accountant, Huddersfield DUGGAN, HENRY GEORGE, flock dealer. Huddersfield. Oct. 7. EMMETT, RICHARD, cotton manufacturer, Edenfield. Oct. 8. GRANVILLE, ARTHUR and PLUMB, THOMAS LUIS, paper makers, Wawanda paper mills, near Newbury. Oct. 31. In full, by instalments of 28. Gd. every 4 mos. Trust. J. T. Harrison, esparto agent, Lawrence Pountney-pl; and B. M. Wollan, accountant, Cheapside GUTTRIDGE, WILLIAM, baker, Birmingham. Oct. 14. Trust. J Beach, miller, Tipton HARLEY, ANDREW, draper, Colet-pl, Commercial-rd. Oct. 28. Trust. J. Eilerton, warehouseman, St. Paul's-churchvard HEYWORTH, JOHN, cotton spinner, Whitworth, near Rochdale. Oct. 6. Trusts. D. Edwards, and C. Harrison, both cotton brokers, Liverpool HIRST, JAMES, flock dealer, Huddersfield. Oct. 6. 58, by two equal instalments, 3. in 4, and 28. in 8 mos-secured. Trust. C. Bernin, pork butcher, Huddersfield MARGETTS, HENRY, shopkeeper, Chadlington. Oct. 4. Trusts. A. Acock, auctioneer, Bold Aston; and R. Margetts, pork butcher, Chipping Norton MOODIE, JOHN, tailor, Rochester. Oct. 6. 58. by three equal instalments, on Jan. 1. April 1, and July 1, 1869. Trusts. C. Mason, perfumer, Chatham; and D. Story, draper, Rochester MORGANS, HOWELL, Cardiff. Oct. 7. 3. NOBLE, CHARLES EDWIN, builder, Chobham. Oct. 28. 58. by two equal instalments, on Nov. 28, 1868, and Jan. 12, 1809 NORRIS, GEORGE, fancy warehouseman, Southsea. Oct. 3 Trust. N. Smith, warehouseman, Watling-st REID, JOHN, farmer, West Tofts. Sept. 26. Trusts. R. Stroyan farmer, Bixley; W. Stannard, farmer, Hethel; and J. N. Mottram, gentleman, Norwich REILLY, JOHN, barrister-at-law, Norfolk-st, Strand; and Kingstown. Oct. 10. In full. Trusts. H. O'Rorke, merchant, Dublin; M. Doyle, Kingstown; and E. Garland, auctioneer. Dublin ROTHWELL, JOHN WILLIAM HUGHES; and ROTHWELL, EDMUND JAMES, cotton spinners; Ramsbottom. Oct. 27. 98. by three equal instalments, in 3, 6, and 9 mos from registration -secured. Trusts. G Whitehead, warehouseman, Fallowfield; and S. Rothwell and R. E. Rothwell, bleachers, Elton, near Bury SANDERS, JOSEPH BROOK, builder, Springfield-ter, Fulham Oct. 15. 3, in 1 mo from registration SMITH, ORMEROD, tailor, Accrington. Oct. 9. 10s. by four equal instalments, in 3, 6, 9, and 12 mos-secured WITTER, JOHN, seedsman, Nether Knutsford. Oct. 3. Trusts J. Davenport, miller, Bollington; and G. Child, seedsinan, London WOODS, NICHOLAS, innkeeper, Heacham. Oct. 10. Trust. C. Miller, brewer, King's Lynn BIRTHS, MARRIAGES, AND DEATHS. MARRIAGES. HOLDEN-AINSWORTH.--On the 20th ult., at St. James's Church, Breightmet, Lancashire, by the Rev. Thomas Lowe, M. A., rector of All Saints, Bolton, assisted by the Rev. L. Porter, M. A., the Incumbent, Charles Henry Holden, of Bolton, solici tor, second son of Thomas Holden, Esq., of Bolton, to Mary Agnes, fourth daughter of the late Joseph Ainsworth, Esq., of Bolton. No cards. MELLOR-SHAW.-On the 29th ult., at St. John's, Paddington, by the Rev. Gilbert Phillips, vicar of Brodsworth, James R. Mellor, of the Inner Temple, barrister-at-law, third son of the Hon. Mr. Justice Mellor, of 16, Sussex-square, Hyde-park, and of Otterhead, Devon to Anne Jane, elder danghter of Thomas Shaw, Esq., of 16, Hyde-park-square. Assignment, Composition, Juspectorship, and PARTRIDGE AND COOPER. Trust Deeds. Gazette, Oct. 30. BATHER, THOMAS, grocer, Birkenhead. Oct. 9. 78. 6d. by three equal instalments, in 2, 4, and 6 mos. Trust. A. Rothery, tea merchant, Liverpool, and E. Bather, farmer, West Derby BROWNE, THOMAS, draper, Ipswich. Sept. 30. Trusts. J. Owen, gentleman, Ipswich, and G. Dickson, warehouseman, Wood-st, Cheapside BUSHMAN, NEWTON ORD RAMSAY, gentleman, Osnaburgh-st. Oct. 16. Trust. J. H. Smalpage, tailor. Maddox st CLAYARDS, JOHN, coachmaker, Grafton-rd, Kentish-town, and Conway-mews, Fitzroy-sq. Oct. 29. 1s. on demand on Feb. 1 DAVIES, EDWIN TURNER, screw rivet manufacturer, Birmingham. Oct. 21. 2s. 6d. in 1 mo DULIN, CATHERINE, court dressmaker, New Burlington st. Oct. 10. Trust. R. Pook, butcher, Bute-st, Brompton. Sol. Davis, Cork-st, Burlington-gardens FAIRHURST, SILVESTER, ginger beer manufacturer, Pemberton. Oct. 1. Trusts. G. Walker. merchant, Leeds, and J. Peak, manufacturing chemist, Pemberton FENNER, GEORGE, grocer, Southmolton. Oct. 16. Trust. H. Thring, accountant, Southmolton FORTY, JOSEPH, saddler, Stow-on-the-Wold. Sept. 29. Trusts. J. Merchant, Lower Swell, and A. Stratton, Longborough, farmers HOLBROOK, ELIZABETH, wife of Thomas Holbrook, esq., Wandsworth, called Elizabeth Lady Wyndham. Sept. 30. Assignment of annuity of 4001. until paid in full with 51. per cent. interest. Trusts G. G. Buckston, Whitehall-pl, and A. R. Cocker, Gower-st, Pedford-sq, gentlemen KAY. JABEZ, grocer, Hetton-le-Hole. Oct. 1. Trusts. M. Bowner, miller, Gilesgate, and S. Kent, grocer, Newcastle EMPE, JOHN ALFRED, gentleman, Blomfield crescent, Paddington. Oct. 29. 4.-28. on Jan. 2, and Mar. 22 LYONS, DANIEL, butcher, Hull. Oct. 2. Trusts. J. Thompson, farmer, Anlaby, and J. H. Dennis, Holderness (Late PARTRIDGE and COZENS), WHOLESALE & RETAIL STATIONERS, 92, FLEET-STREet, and 1 & 2, CHANCERY LANE, LONDON, E.C. Carriage paid to the Country on Orders exceeding 208. DRAFT PAPER, 48. 6c., 68., 78., 48. 9d., and 9s. per ream. INDENTURE SKINS, Printed and Machine-ruled to hold twenty LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER OF MINUTE-Books. An immense stock in various bindings. ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales, Copying Presses, Writing Cases, Despatch Boxes, Oak and Walnut Stationery Cabinets, and other useful articles adapted to Library or Office, post free. Established 1841. The security of a Subscribed Capital of 750,0007., and an Assurance Fund amounting to more than seven years' purchase of the total annual income. Eighty per cent. of the Profits divided among the Assured every Fifth Year. Assurances of all kinds, Without Profits, at considerably Reduced Rates. Policies granted at very Low Rates of Premium for the First Five Years. The most Liberal Conditions in respect of Foreign Residence and Travel, Revival of Lapsed Policies, and Surrender Values. Whole World Licences free of charge, when the circumstances are favourable. Chief Office: BARTHOLOMEW-LANE, BANK, Subscribed Capital, 5,000,0007. BOARD OF DIRECTION. President-Sir Moses Montefiore, Bart., F.R.S. James Alexander, Esq. (Alexander, Fletcher, and Co.) Charles George Barnett, Esq. (Barnetts, Hoares, Hanburys, and Lloyd.) George Henry Barnett, Esq., Glympton Park, Woodstock, Samuel Gurney, Esq., M.P. for Penryn and Falmouth. Sir Curtis Miranda Lampson, Bart. Sampson Lucas, Esq. (Lucas, Micholls, and Co.) Sir Anthony De Rothschild, Bart., New Court. Thomas Charles Smith, Esq., Oxford-square, Hyde-park. Auditors. Sir Thomas Fowell Buxton, Bart., M.P. Hugh Colin Smith, Esq., Hay's Wharf, Tooley-street. THE ALLIANCE was established in 1821 for the purpose of carrying on the business of Life and Fire Assurance, and it has been the object of the Company, in its operations, to combine the highest public utility with the greatest permanent individual benefit to the Policyholders. Considering the nature of the obligations involved, it is of paramount importance to the Assured that he should be connected with a Company possessing the elements of permanent security rendering it unquestionable that all engagements contracted will be faithfully discharged, however remote may be the event upon which the amount assured becomes payable. The long standing the established credit and the resources of the ALLIANCE constitute a guarantee that all demands will be liberally met, and that the legitimate objects of the Policyholders will be fully realised. FIRE DEPARTMENT. FIRE RISKS of an eligible character are accepted at the current rates. LIFE DEPARTMENT. LIFE ASSURANCES in a variety of forms are granted on moderate terms and liberal conditions. Attention is specially directed to the company's ENDOWMENT ASSURANCE TABLES under which the amount of the Policies become payable at a given age, or at death, if it shall happen before the stipulated age is attained. LIBERAL COMMISSIONS are allowed to Solicitors introducing business to the office. Prospectuses, Forms for proposals, and other papers will be furnished, free of charge, on application to ROBERT LEWIS, Secretary. Loans are granted on the security of Life Interests, Reversions, and Freehold Property. 246 218 230 256 237 230 200 To Readers and Correspondents. All communications must be authenticated by the name THE Law and the Lawyers. THE following are the Judges appointed for the BRETT. IT may we believe be stated that the Commission Ir is proposed that the usual inspection dinner ... 281 F ST. JOHN DUNMOW GALWEY- BISSELL JONES AND OTHERS B. A. 1861 (24 & 25 Vict. c. 134), s. 192-Composition-deed... 262 COURT OF COMMON PLEAS BOAST г. FIRTH (Administratrix) Apprenticeship indenture-Action by master-Plea 264 THE Hardwicke Society discussed last evening 266 B. L. C. A. 1849, sect. 78-B. A. 1861, sects. 192, 198, 199- 267 B. L. C. A. 1849, ss. 4, 12-B. A. 1861, ss. 1, 136, 192, 197, 198-- 267 THE papers holding political views opposed to the Queen's Counsel in Scotland, the leading brief 23 24 24 25 25 motive in the promotion of these gentlemen, and 28 We have been repeatedly asked whether the articles of apprenticeship to an attorney will be avoided if the clerk were to serve as deputy sheriff, deputy mayor, poll clerk, or candidate's inspector at a booth. We are quite clear that if these offices were held with the consent of the principal and not in neglect of the duty owing to such principal, the articles would be in no way affected under 23 & 24 Vict. c. 127, s. 10. That section says that "no person hereafter bound by articles of clerkship to any attorney or solicitor shall, during the term of service mentioned in such articles, hold any office or engage in any employment whatsoever other than the employment of clerk to such attorney or solicitor, and his partner or partners (if any) in the business, practice, or employment of an attorney or solicitor, save as by the 6 & 7 Vict. c. 73, or this Act otherwise provided; and every person bound as aforesaid shall, before being admitted an attorney or solicitor, prove by the affidavit required under sect. 14 of the 6 & 7 Vict. c. 73, that he has not held any office or engaged in any employment contrary to this enactment, and the form of such affidavit as aforesaid shall be varied by such addition thereto as may be necessary for this purpose." By looking further into the statutes, we may see from the cases that such rare and exceptional employment as that mentioned by our correspondents would not be regarded by the court as a contravention of the Act. Before the passing of the last Act it was held that The cases above cited were decided before the late Act, but they are all applicable to the present condition of things, and we see no difficulty in repeating that an accidental employment arising out of such a matter as a general election, and causing no damage to the master, would not affect the articles. THE DUTIES OF TRUSTEES. cases In an American State there has died recently a lawyer who, for a quarter of a century, had been NOTWITHSTANDING the very numerous a Baptist minister. "For many years," says the which have decided what are the duties of Chicago Legal News, "he was considered one of trustees, we find cases continually recurring the leading pulpit orators and abolition lecturers which reveal a neglect of those duties, or an of Illinois. He was a member of the Constitu- exercise of power beyond that which is contional Convention of 1862, for four years post-ferred by the trust bringing about results dismaster of Elgin, and at the time of his death, he astrous alike to the property and to the trustees was government assessor. The elder for many years before, having paid much attention to the study of the law, was, in May 1867, admitted to the Bar as an attorney, but owing to his ill34 health, for the past two years, never engaged extensively in the active practice of the law." 34 34 themselves. One of these latter cases we reported last week (Talbot v. Marshfield, 19 L. T. Rep. N. S. 223, Ch.), as coming on appeal to the Lords Justices from the court of Vice-Chancellor Malins, and which involved the question what is the information which trustees are bound to give? A testator gave his property to trustees in trust THERE was recently an expulsion from the Bar for his children after the payment of certain of New Hampshire, and the individual expelled expenses, and there was a power in the will by seems to have as richly merited his fate as any which the trustees might at their discretion adman could well do. We learn that "he fre-vance the whole or any part of the shares of the 39quently extorted money by threats of crimihal testator's children to set them up in business. proceedings; took fraudulent conveyances from After the death of the testator matters remained his clients to prevent the attachment of their in statu quo for fifteen years, but during that property; cheated disabled soldiers out of their period frequent application had been made to pensions; altered the date of a promisory note, the defendant trustee to advance the shares to the which he had previously persuaded the maker to children, but he had always refused, and, moresign by assuring him that a note dated on Sun-over, he had never rendered a satistactory account The Eighteenth Volume of the LAW TIMES REPORTS is now enmplete, and may be uniformly and strongly bound at the LAW TIMES Office, price 4s. 6d. VOL. XLVI.-No. 1337. The most remarkable part of this case is that the trustee in default was a solicitor. The ViceChancellor, referring to this fact in his judgment (17 L. T. Rep. N. S. 81), says, "In his letter to Messrs. Bell, Marshfield (the defendant) uses the expression 'I cannot say if your clients have any claim . . . I am entitled to charge,' &c. Here was a solicitor of thirty or forty years' standing in the Profession writing in this way, when the will was so simple that its effect must have been known to the veriest tyro in the law. He knew that the plaintiffs were the grandchildren, and his letter was evasive, untrue, and improper, and if I had any hesitation in the course I should adopt, that would have decided me, and I hope my decision will be a warning to solicitors in such a situation to answer fully and fairly a simple question, and not to trifle with the interests of those whose property is committed to them." Further on in his judgment the Vice-Chancellor states to what consideration trustees are entitled at the hands of the court. "The rules of the court with regard to trustees' he said "are plain. A trustee who conducts himself fairly and properly in all respects with regard to all his cestui que trusts, and who, whilst he protects the interests of the tenants for life, is not disregarding the interests of those entitled in remainder, will receive every protection from the court, even to the extent of mistakes, so that they be innocent ones; but if he shows by his conduct that he favours one party or set of persons at the expense of the others, and instead of honestly exercising a discretion, makes an advance to one to the detriment of the other, and instead of rendering his accounts and opening them for inspection and giving the fullest information, which it is the duty of all trustees to do, if he fails in all these particulars, the court will not only not protect him but make him pay for the consequences of his conduct." When the case came before the Lords Justices, Lord Justice Wood said "It is the simple duty of a trustee when he is asked for information to give all the information in his power, and not upon terms or anything of the kind." So far as regards the more general duties of trustees. But there is another and scarcely less important question arising out of this case concerning the exercise of a discretionary power given to trustees to "advance" in life the beneficiaries under a will before and after the filing of a bill. There was a daughter of the testator entitled to advancement, and she mar stances the court thought that was not an advance-whatever might have been the bona fides-within the meaning of the testator's will. Therefore, on the ground that the daughter was married, and that an advance to her would not have been for her benefit, but an advance to and for the benefit of the husband, the advance was held unjustified. Then as to the time of the advance the Vice-Chancellor said, "If a trustee thinks fit to exercise his discretion after bill filed, the court will require the clearest evidence of bona fides, and the most minute investigation." That is not a new doctrine, having previously been laid down in Costabodie v. Costabodie, 6 Hare, 410, and Attorney-General v. Clark, 1 Beav. 467. In the latter case, pending an information filed for the purpose of having new trustrees of a charity appointed, in the place of some who were dead, the surviving trustees took upon themselves, without the sanction of the court, to appoint new trustees, and it was held that, although this was neither a contempt, nor an act altogether void, yet it imposed upon the trustees the necessity of proving by the strictest evidence, and at their own expense, that what had been done was perfectly right and proper. The trustees failed in this, and were ordered personally to pay all the extra costs occasioned by their act. Looking at the foregoing decisions, the Vice-Chancellor was of opinion that the mere fact of not submitting the question to the court was an act of impropriety, and that even where, pending the litigation, the matter is submitted to the court and the proceedings are proper ones, the obligation is thrown upon the trustees of paying the expenses. The effect of proceeding after bill filed independently of the court is pointed out by Lord Justice Selwyn, who said on the appeal: "Bearing in mind, on the one side, that even if one advance failed or became abortive, it was perfectly competent to the trustees to adopt another, and considering, on the other side, that the trustees might have obtained the adoption and sanction by the court at chambers at a much less cost than they have sought to charge the estate for the costs of their own proceedings, I think our duty is to protect the interests of the residuary legatees who have taken no part in this extremely costly and very unnecesthat duty, and also do justice between the parsary proceeding; and I think we shall discharge ties who have indulged in these hostilities, by making such an order as that which has been read by the Lord Justice, the effect of which will be to leave the hostile parties to pay their general estate of the testator up to and including dry grass and all other combustible matter from exposure to ignition by the locomotives that a prudent and cautious man would use in reference to combustible materials on his own premises, if exposed to the same hazard from fire as dry grass upon the side of a railway. The instruction went beyond this, and for that reason it was erroneous.” Breese, J. went further. He said that in addition to using all the most approved mechanical appliances for preventing the escape of fire from the locomotives, a railway company “should be required to keep the roadway on both sides free from inflammable material, which can be effectually and cheaply done, and which being done, should exonerate them from liability, unless actual negligence is proven against them. While any reasonable act remains to be done by them, which contributes to the injury complained of, or was the prominent or remote cause of the injury, they ought not to be exonerated. Having removed all combustible material, and keeping it from the roadway, and using the most approved contrivances to prevent the scattering of fire, reason and public opinion would concur in holding them guiltless should accidents occur." To take the extreme view of this case a railway company should be held liable for damage caused by fire from their locomotives if the way be not entirely free from dry grass and inflammable material of every description, although every precaution may have been taken to prevent fire escaping from the locomotive. We think that this is proceeding to an extent to which the English courts will not follow. It is a comparatively easy, indeed, a necessary matter to keep the actual way free from grass and similar rubbish, but if the sides of the way, the high cuttings and steep embankments had to be kept free from all material which by the action of the sun or otherwise might become liable to ignition, the dividends of shareholders would be appreciably diminished. Such a burden ought not to be imposed. It would be another question if inflammable matter were allowed to accumulate. Negligence in such case would undoubtedly be found by the jury and upheld by the court. LEGAL EDUCATION. who have passed the voluntary examination We publish to-day a list of those gentlemen offered to students of the Inns of Court, and we refer to it here because upon the present occasion it presents some peculiar features. In the first number of students who will be called to the bar on Monday, sixteen only have thought it worth Iried. Were the trustees justified in advancing own costs of the proceedings, and exonerate the place, it is to be observed that out of the large He said that the advance to the the hearing, and will leave it open to the learned their while to prove their efficiency in legal to her after marriage? Upon this point we will revert to the judgment of Lord Justice Wood, on the appeal. daughter and her husband stood in an unfortunate position, "because, although holding that it was quite competent to set up a daughter in business, the testator gave her an income for her separate use; and when there is this trust, which is so entirely personal, the question is not whether the husband is capable of carrying on the business, but whether the sons or daughters, or any or either of them, are capable of managing it, and whether it would be conducive to their, his, or her interest to embark in it.' The money is to be laid out for their benefit. I think we cannot say that they are justified, when one daughter marries, in handing over money, not merely to enable the daughter to set up in business, but to enable her husband to go on with a business which they are carrying on at the time; it was, in fact, a simple loan to the husband. It became the husband's from that moment; the daughter would not have a single sixpence of interest in it; and the consequence would be that the testator's desire, which was evidently that of keeping it for the personal benefit of his children, and of having them fairly started in some way or other in a business in which they could occupy themselves, would be wholly and completely frustrated." His Lordship thought that the case of Macleroth v. Bacon, 5 Ves. 159, had no application. That was a trust to benefit the daughter generally and her family; and it was thought that was met by giving the money in such a manner as that a commission might be purchased for the husband, and that the wife would in that way derive the benefit of it. In the present case, on the other hand, the lady married a person who acted as her father's bailiff, and he being in debt for his rent when he was married, one sum went to pay the amount due for rent, and another sum went to pay the tithes. Under those circum Vice-Chancellor to deal with the subsequent costs, as the conduct of the parties and the justice of the case shall require. FIRES CAUSED BY LOCOMOTIVES. A SHORT time since we dealt with this subject as being one of very great importance, and we now find that it has been illustrated by a case occurring in the Supreme Court of Illinois. In that case the question was raised whether a railway company could be considered guilty of negligence by reason of the nonremoval of dry grass and other combustible matter from the sides of the railroad. There was apparently some difference of opinion among the Judges as to what are the duties of a railway company respecting inflammable material by the roadside. "It is insisted," said Walker, C. J., "that the third instruction for defendant in error is not law. It asserts that it is negligence for a railroad company to permit weeds and grass to remain on the right of way after they have become dry and combustible, and the escaping of fire from their engines and communicating with such weeds and grass is negligence, for the result of which the company is liable." "It is not," he said, "an indisputable conclusion of law that a railroad company is guilty of negligence to be inferred from the fact that fire ignites in dry grass or weeds on the land of the railway. It is a question of fact, to be determined by the jury, in view of the extent to which dry grass and weeds have been allowed to accumulate in the locality, the season of the year, and all other circumstances affecting liability to fire. The court, instead of directing as a matter of law that the presence of dry grass or weeds was conclusive evidence of negligence, should have told the jury that the company are bound to use the same diligence in removing knowledge by passing an examination. In the next place, it is remarkable that out of sixteen men the Middle Temple, being one of four Inns of Court, claims nine, and amongst those nine are the only three men who gained honours. The obvious remarks which suggest themselves are shortly these. First, the examination is disregarded as a test by the great body of men who go to the bar. Secondly, the Middle Temple has apparently some peculiar attraction for the working men of the Profession. And, thirdly, the majority of the few men who do go in for the examination aim at nothing higher than a pass. The remark which we have placed first is an argument for making the examination compulsory. Men going to the bar should not be allowed to disregard the only test of efficiency. Upon the second remark it occurs to us to suggest that the other Inns should endeavour to resemble the Middle Temple. But we believe the truth to be that working men are attracted to the Middle Temple because it is somewhat more economical than either Lincoln'sinn or the Inner Temple, Gray's-inn being out of the competition except as regards a limited class of students. Then it is said, on the other hand, that the members of the other Inns, as a rule, come from the ranks of the more highly educated as regards non-legal education. This observation would be applicable to the past, but it is certainly growing less true. An educational test of the latter class is now compulsory, so that no illiterate person can possibly enter the Profession; and comparison between the members of the different Inns in non-legal matters resolves itself into a question of degree. We believe that on the present occasion the lists will show that the Middle Temple has its proportion, if not more than its proportion, of university men, and if this condition of things continues, as in all |