If fellow still permitted, and parties could come under the was to make an agent of every person having respect of 150 of his shares, and that he received no consideration for the transfers. The evidence showed that, failing to induce the directors to become individually responsible, Mr. Cross only succeeded in getting the company to take the shares off his hands. That was a transaction beyond the powers of the company, and therefore Mr. Cross's name must be placed upon the list in respect of 200 shares. His Honour regretted to be obliged to come to that conclusion, for he considered that Mr. Cross had been very unfairly treated by the company. Re The Imperial Land Company of Marseilles (Limited) was an application, on behalf of the official liquidators of the company, for leave to issue a special summons under sect. 115 of the Act, and also to serve notice of motion for the committal of Mr. Albert Grant for disobedience to a former summons of the court. He had evidence to the effect that Mr. Grant was largely indebted to the company, of which he was formerly a director, and that he had disregarded a summons by the chief clerk, requiring his attendance as a witness. The summons was served upon him personally in Paris on the third of the present month, and the only notice taken of it was an intimation from his solicitors that he would probably attend in August. This was the first application of the kind, but it was believed that the court had perfect jurisdiction to make the order, and that under the Commercial Convention the French courts would give effect to it. The Vice-Chancellor gave leave to serve the summons upon Mr. Albert Grant and his solicitors, but said it must be taken for what it was worth. ELECTION LAW. THE NOTTINGHAM ELECTION PETITION. — At PUBLIC COMPANIES. tralian Chartered Bank, to be presented on the The report of the English, Scottish, and Aus26th inst., states the amount available for distribution is 23,0517., and a dividend is recommended at the rate of 7 per cent. per annum, and the appropriation of 1000l. to the reduction of bank premises and furniture accounts, leaving 10511. to be carried forward. The report of the Provincial Banking Corporation (Limited), to be presented on the 2nd Aug., shows an available total of 83481., and recommends a dividend at the rate of 7 per cent. per annum, and the appropriation of 1000l. to reserve (in creasing it to 15,000l.), leaving 14411. to be carried forward. The report of the Midland Banking Company (Limited) to be presented at Sheffield on the 30th inst., shows an available total of 86391., and the usual dividend at the rate of 6 per cent. per annum is recommended, which, after an appropriation of 1500 in further reduction of the purchase of business account, will leave 23731. to be carried for ward. The report of the Merchant Shipping Company (Limited), to be presented on the 28th inst., states that this year there has been no loss of any of the ships of the company and that the result of the completed voyages has been very satisfactory; also that a fair amount of business has been done at the dockyard. A dividend at the rate of 5 per cent. per annum is recommended, and the appropriation of 158341. to reserve, insurance, and depreciation account, leaving 20741. to be carried forward. the Judges' Chambers, before Baron Bramwell, the Nottingham Election Petition, "Torr and others v. Seely, the younger," came on for hear ing in reference to an application for particulars on the part of the sitting member. Mr. Hoskins asked his Lordship for particulars as to the allegations in the petition. Bribery and intimidation were alleged, and he wished the names of the voters said to be bribed, as also the names of those who had bribed them, to be given. Mr. Gates, as counsel for the petitioners, objected to the names of the persons who had bribed the voters being given. It was not usual, and both Mr. Justice Willes and Baron Martin were against such an application. Mr. Hoskins said he had had a good many election petitions in the present year, and his experience was that without such information the particulars were of little or no value. Besides, Mr. Justice Blackburn always required the names to be given of those who it was alleged had bribed the voters. Baron Bramwell said he could only act in the best NOTES OF NEW DECISIONS. way he could in the absence of the election petition UNDUE INFLUENCE-MASTERS AND MEN- Judges. He, however, thought that such names FELLOW WORKMEN-AGENCY.-The wrongful should be given. A discussion arose as to the dismissal by an emplover of a voter or voters parties who had intimidated or organised a mob at from his employment shortly before a general the election. His Lordship made an order as to eleetion, upon the ground of his political Baron Martin, who was try the Nottingham petisome particulars, but said he would write to opinions, is evidence of intimidation, within tion, and ascertain his view as to the names of the sect. 5 of 17 & 18 Vict. c. 102, upon which the persons who had bribed, and who had got up the court is bound to act, if it believes that evidence. mob on the election, being stated. Mr. Hoskins Workmen may be intimidated directly by dis- reminded his Lordship that the trial of the petition missal, or the fear of dismissal themselves; and was appointed for the 29th inst. Baron Bramindirectly by the dismissal or the ill-treatment well made an order as mentioned.On Thursday, of others, upon the ground of their political Mr. Rickards, on the part of Mr. Seely, the sitting opinions. A circular was issued by a Tory meet-member, waited on Mr. Baron Bramwell at ing before the municipal contest, which stated chambers, to ascertain the opinion of Mr. Baron On the order of the day for considering the that "it was decided that all millowners and Martin, who was to hear the petition on the 29th report of amendments to this Bill, Lord REDESDALE inst., as to the " their managers and overlookers, and all master petitioner. Mr. Baron Bramwell said he had obligations on women which could not but be particulars to be given by the objected to the Bill on the ground that it imposed tradesmen and others possessing influence should heard from Mr. Baron Martin, who recommended objectionable to the sex. It was said that women be strongly urged to exert that influence so as to the rule of Mr. Justice Blackburn to be followed had been appointed overseers; this was, no doubt, secure, in the municipal election as well as in as to the names of the persons who had bribed, as the case in default of any more eligible person, the Parliamentary, the success of" the Tory well as the parties bribed. He therefore granted and there was also no doubt the duties were candidates: Held, that the effect of that circular the full order as prayed. properly discharged in such cases; but it was one The report of the Land Securities Company (Limited), to be presented on the 29th inst., shows an available total of 33481. A dividend at the rate of 4 per cent. per annum is recommended, and an appropriation of 500l. to the reserve fund, be carried forward. which will thus stand at 25001., leaving 8061. to LEGISLATION AND JURIS- HOUSE OF LORDS. THE MUNICIPAL FRANCHISE BILL. thing to appoint a woman under exceptional cir- 20,000, and a ratal of 60l. in places with smaller woman earning the livelihood of the family should cumstances and another to make an objectionable populations. It was also proposed to provide a be enabled to go before a County Court judge, and rule. The Earl of KIMBERLEY thought it de- better mode of making out the jury lists, and that make a declaration to that effect, and that then the sirable the House should understand precisely no juror should be summoned a second time until judge should order that such woman should be what his noble friend objected to. This was not the whole list was exhausted. It was intended to able to hold property as if she were unmara proposition giving to women the municipal give special jurymen a guinea per day, and common ried. It was said that this Bill would be a franchise for the first time. Previous to the jurymen half a guinea. It was also proposed that step towards the enfranchisement of women, passing of the Municipal Act in 1835 women did jurymen should be allowed to have fire and re- and many hon. gentlemen opposite thought vote at municipal elections, but that Act took freshment at their own expense when considering this end one desirable to be attained. He away their right to do so. Subsequently local their verdict.- -Mr. GRAVES thought that more did not acknowledge this; but admitting its truth government Acts gave them the franchise in the care ought to be taken in the drafting of any for the sake of argument, it ought not to be places in which those Acts were in force; and hence future Bill, particularly with regard to exemp- brought about as a collateral result of a Bill arose the anomaly that, whilst they could vote tions now enjoyed by town councillors.- brought in by a private mémber, but should be in the numerous towns in which the local govern- Mr. A. W. YOUNG approved of many of the undertaken by the Government. The time had ment Acts were in operation, when a town enactments of the Bill, but though it re- not, in his opinion, arrived at which women should obtained a charter of incorporation they werequired careful revision. He was of opinion that be placed on a perfect equality with men, and he excluded. Therefore this Bill merely restored to in some cases the jury might consist of a should therefore move that the Bill be read a third women a franchise which they formerly enjoyed, less number than twelve, and that if a verdict of time on that day three months. Mr. JESSEL and their Lordships were not discussing the wider three-fourths of the number might be taken, after said he should support the Bill, on the ground that and more doubtful question of extending to a certain period of deliberation, the result would a woman entering the married state ought not to women the right to vote at Parliamentary elec-be more satisfactory.Mr. G. GREGORY objected be deprived of the property she possessed, or of tions. -Lord CAIRNS said that, as an unmarried to suitors being called upon to pay common jurors, the right of contracting in the future. He denied woman could dispose of her property, and deal considering that suitors were entitled to juries that the object of the Bill was to give the parlia with it in any way in which she thought proper, without being put to any expense.--Mr. Alder-mentary suffrage to women, and hoped that such an he did not know why she should not have a voice man LUSK thought that common jurymen were impression would not cause hon. members to vote in saying how it should be lighted and watched, hardly dealt with, and hoped that the Bill would against the Bill.- -Mr. B. HOPE said on the and generally in controlling the municipal ex- be proceeded with during the next session.Mr. face of it the Bill went in for altering the whole penditure to which that property contributed.- WHEELHOUSE thought that the services of jurors conjugal relations in regard to property. By The report of amendments was then received. attending in criminal cases ought not to be over- refusing to read the Bill a third time, they would looked.- The SOLICITOR-GENERAL hoped the leave it as a document before the country, instead BANKRUPTCY AND IMPRISONMENT FOR Debt House would allow the Bill to be read a second of sending it to another place, where it would, time. He believed it to be well drawn, and that perhaps, not escape accidents. (Hear, hear.)it was well entitled to consideration. He thought The House divided on the question that the Bill the suggestion of the hon. member for Leeds de be now read a third time, and the numbers were: serving of notice, and that nothing was more unfair For the third reading, 131; against it, 32; majority than the working of the jury system with regard in favour, 99. The Bill was then read a third to criminal trials. According to the letter of the time. present law, every man properly qualified ought to be on the common jury list, and special jurors ought to be liable to serve on both juries. It was unfair that common jurors should be paid only at the rate of 8d. a cause, whilst grand jurors were fair enough. It meant that special jurors were to allowed a guinea. The intention of the law was do double work, and therefore to receive double pay; but in practice special jurors were not taken out of the common jury list, but were placed in a special list, and did not serve on common juries. effect, and the jurors were generally of a very good In Lancashire the law was properly carried into class. Mr. HENLEY thought it impossible that a Bill of this kind could be properly dealt with by a private member, and that the matter ought to be taken up by the Government. It was questionable whether the figure at which jurymen were taken should be increased. A great number of the people tried in the criminal courts were in a very humble class of life, and he did not think it fair that they should be tried by persons far above them in condition. There was nothing in the Bill petty jury, which would enable him to try the to prevent a man being on both the special and the BILLS. On the motion of the LORD CHANCELLOR, the following noble lords were appointed the select committee on these Bills:-Lord Chancellor, Lord Privy Seal, Viscount Halifax, Lord Overstone, Lord Belper, Lord Chelmsford, Lord Westbury, Lord Colonsay, Lord Cairns, Lord Romilly, and Lord Penzance. The Stipendiary Magistrates (Deputies), the Prisons (Scotland) Administration Act (1860) Amendment, the Court of Sessions Act (1868) Amendment, and the Local Government Supplemental Bills went through committee. HOUSE OF COMMONS. same case twice over.- -The Bill was then read a THE IRISH MAGISTRACY. -Mr. C. Sir P. O'BRIEN asked the Chief Secretary for Ireland whether the attention of the Irish Government had been called to the imperfect constitution of the Irish magistracy; and whether any steps to revise the list with a view of increasing the conhad been taken by the Lord Chancellor for Ireland fidence of the Irish people in that body.FORTESCUE said the question referred to the exercise of those duties which, as the head of the Irish magistracy, devolved on the Lord Chancellor Irish people reposed a large amount of confidence. of Ireland, in whom, he was bound to say, the The Government knew from him that he had been for a long time engaged, as a matter of public convenience, in examining and revising the lists of the magistrates of Ireland. Beyond this he (Mr. C. Fortescue) was unable to give any information. SOLICITORS' JOURNAL. LAW OF HYPOTHEC (SCOTLAND) ABOLITION BILL. Mr. C. EWING urged the second reading of this Bill.- -The LORD-ADVOCATE said that, looking at the matter as a practical question, the landlord was neither more nor less than a creditor holding a security. In point of principle, it might be better that the law did not exist, as those engaged in agriculture would thrive fully as well without it. But, on the other hand, unless there were a real standing grievance, he hesitated to incur the risks which would be produced by a change. In well-cultivated districts the law of hypothec was probably of little avail, but in those not well culti vated it was of more importance. He was not opposed to a modification of the law, and he was willing to assent to the second reading with the view of bringing about such a modification. It appeared to him that the real result of the abolition of the law would be to better the existing relations between landlord and tenant. Would the landlord The debate on this Bill, adjourned from June 8, give the same terms to the tenant without this secuwas resumed by Mr. TALBOT, who begged Mr. T. rity as he did with it? Evidently the taking away of Chambers to withdraw it, alleging the time of the the security would have a tendency to raise the land-year, and the absorbing question which was likely lord's terms. When a landlord after-rented his farm Mr. BERESFORD HOPE added his entreaties to the to occupy the House for the rest of the Session.that was, took the rent after the first year's crop had been gathered and sold-he gave substantially of the Bill, gave similar advice on the ground that same effect; and Lord BURY, a zealous supporter a year and a half's credit. If he exacted rent at the debate had fallen into doubles entendres and starting, the capital of the tenant would be imme- arguments to which an improper signification was diately swallowed up, and he must go to other attached. It was impossible too, at this time of but their Lordships gave leave to the other sources to get credit if he meant to continue the the Session, to carry the Bill in the face of the cultivation of the farm. The existence of hypothec, not altogether justifiable means used against it by an original motion for such an inquiry, and therefore, lowered rent, and beyond all doubt the tendency of the abolition of the law would be what he had stated. The small tenants would thus be driven to eke out the additional rent by their own manual labour, and the status of both large and small tenants would be lowered. The great improvement in the land of Scotland had been owing to the exertions of the small farmers, and by the abolition of this law the current of improvement might be checked. Looking at the way in which matters were managed, especially in the north, between landlords and tenants, he feared that its abolition might be prejudicial, as at present, owing to the security it afforded, the landlord often allowed the tenant to tide over a bad season which he might otherwise be unwilling to do. He was prepared to consent to the second reading, on the understanding that the Bill would not be further pressed this session. This was accordingly done. SPECIAL AND COMMON JURIES BILL. Lord ENFIELD moved the second reading of this Bill, the object is to make a change in the qualification of jurors, and which embodied the recommendations of the judicature commission. It was proposed that the qualification of householders as common jurors should be a rental of 501. in places having more than 20,000 inhabitants, and 30. in places with smaller populations. The qualification for special jurors was proposed to be a ratal of 1001. in places with populations above MARRIAGE WITH A DECEASED WIFE'S SISTER. the Opposition.- -Mr. T. CHAMBERS declared his second reading was discharged, and the Bill was MARRIED WOMEN'S PROPERTY BILL. NOTES OF NEW DECISIONS. cestuis que trust to bring before them upon notice mise of a public-house the lessor covenanted for SION.-The defendant, having received money from a third person for the use of a married woman, wrote to her acknowledging that he held it at her disposal. She died, and her husband, who survived her about a year and a half, in no way interfered as to the money. On his death, held, that the administratrix of the wife was the proper person to sue for the money, the facts showing a chose in action of the wife, which her husband had not reduced into possession: (Fleet v. Perrins, 20 L. T. Rep. N. S. 814. Ex. Ch.) ADMINISTRATION-RECEIVER.-Where a re CHOSE IN ACTION-REDUCTION INTO POSSES ceiver had been appointed by the Court of Chancery in a suit relating to the administration of the estate of an intestate, this court declined to appoint an administrator pendente hite until the Court of Chancery had signified its opinion that for some real or technical reason such an appointment was desirable: (Tichborne v. Tichborne, 20 L. T. Rep. N. S. 820. Prob.) UNPROFESSIONAL ADVISERS. We have received the following TO THE EDITOR OF THE LAW TIMES. Meeting-house-lane, Sheffield, July 16, 1869. Sir,-A person against whom a client of mine had recovered a judgment called on me lately and handed me the inclosed. I sent it to the Law Society, but they tell me they have no power to protect the Profession in matters of this kind, the writer of the inclosed not being a member of their body. I certainly thought they were more powerful for the good of the Profession than they declare themselves to be; but, however, as they are not, perhaps it may be as well to make this benevolent individual (albeit he cannot spell his own name correctly) more widely known, for the benefit and comfort of the thousands under pres. sure to whom he so feelingly refers.-Yours truly, W. E. TATTERSHALL. (Enclosure.) Private and confidential. 173, Balls-pond-road, Islington, London, June 17, 1869. Sir,-I trust you will excuse the liberty taken by me in addressing you, but, having seen your name in a list which I am in the habit of perusing, and seeing that you have judgment against you, I naturally conclude that you are suffering from a pressure which thousands are doing at this critical period. If you will allow me to offer you the benefit of my bong experience I feel convinced that I should be able to afford you immediate relief to your mind, as well as protection to your person and property. I shall be most happy to give you my advice upon all subjects connected with bankruptcy, deeds of composition, private arrangements with creditors, and all matters connected h rewith, either by letter, or by a personal interview at my office as above, free of charge. I further beg to state, should you favour me by requiring my services, I will endeavour to fulfil those duties that devolve upon me both faithfully and efficiently. I am, yours respectfully, FREDRICK HOLLOWAY. Incorporated Law Society, U. K. Chancery-lane, London, W.C., 12th July 1869. Dear Sir, I submitted your letter of the 18th alt. to the council at as early a period as the pressure of other important business would permit. The council, having considered the matter, desire me to inform you that as Mr. Frederick Holloway is not a member of this society, they have no power whatever to interfere in the matter. I return the circular in accordance with your request.-I am, dear Sir, yours faithfully. E. W. WILLIAMSON, Secretary. W. E. Tattershall, Esq., Meeting-house-lane, Sheffield." CREDITORS UNDER ESTATES IN CHANCERY. DADD (Isaac J., Chatham. July 28; Eldred and Andrews, V.C. M., at one. SIMPKIN (Josh.), Portman-street, Portman-square. Oct. 11; Bowker, Peake, and Co., solicitors, 6, Bedford-row. Nov. 3; V.C. 8., at twelve. TYBIE (Jas. E.), Longdown, Exeter. Sept. 21; Elmslie, Forsyth, and Co., solicitors, 27, Leadenhall-street. Nov. 1; V.C. S., at twelve. CREDITORS UNDER 22 & 23 VICT. c.35. Last day of Claim, and to whom Particulars to be sent. CHAPLIN (C. E. P.), 14th Regiment of Hussars. Aug. 10; Woodalls and Donner, solicitors, 26, Queen-street, Scarborough Sprott, solicitors, Shrewsbury. CLARKE (Maria), Wroxeter, Salop. Sept. 29; Scarth and TOW. solicitor, Burnham, Somerset. HOOPER (John). Oakland-villa, Lawrie-park, Sydenham. LEIGHTON (Jno.), Nottingham. Sept. 20; H. Hogg, solicitor, Chancery-lane, W.C. LOCKEY (Rev. Francis), Swinswick-cottage, Swinswick, PROBERT (William), Bridge-street, Hereford.Sept. 1; Boden-panying copy of a resolution, which was passed ham and Temple, solicitors, Hereford. SADLEIR (Mary), Tazeley, Tamworth. Aug. 10; R. W. unanimously at the annual general meeting of obedient servant, Nevill, solicitor, Tamworth. this society on the 16th inst.-I am, Sir, your EN (John), 40, Hyde-park-square. Nov. 1; Uptons, Johnson, and Co., solicitors, 20, Austinfriars. WILCOXON (Ellen), Tarvin, Chester. Sept. 1; W. P. Jones, solicitor, Whitchurch, Salop. THE BENCH AND THE BAR. ASSIZE INTELLIGENCE. NORFOLK CIRCUIT. Aylesbury, July 20.-The commission for the county of Bucks was opened yesterday afternoon by Mr. Justice Byles. The business is excessively light. On the civil side there are only two causes, one of them to be tried by a special jury. On the Crown side there are 11 prisoners for trial. The offences charged against them are,-shooting with intent to murder, cutting and wounding, rape, burglary, and larceny. MIDLAND CIRCUIT. here yesterday by Mr. Boden, Q.C., their LordDerby, July 15.-The_commission was opened ships being detained at Warwick. The calendar contains 16 cases. There is one charge of murder against a woman named Annie Ingham. The prisoner cut the throat of her infant son, a child of nine months of age. The defence is understood to be that she was insane at the time of the commission of the act. The rest of the cases do not appear to be of an unusual character. The cause list is exceedingly light, there being only three common and two special jury cases. The court sat at ten o'clock this morning. Nottingham, July 20. The commission was opened here yesterday. The cause list contains only 3 cases, two common juries and one special jury. The county calendar contains 8 cases of a very ordinary character, that for the town only Powell, and 5 others for stealing silk to the value 4. One of these latter is a charge against William of 2501., the property of William Elliot Baker. The case has caused considerable nterest in Nottingham. OXFORD CIRCUIT Worcester, July 16.-Mr. Baron Pigott opened the commission here yesterday, and attended Divine service. The cause list this morning contained 7 entries, of which 1 only was marked for a special jury. The calendar for the county contains the names of 21 prisoners, and the city calendar the names of 5 prisoners. In the county there is a charge of murder and 2 of manslaughter, and in the city 1 of manslaughter; but in other respects the offences are of an ordinary nature. Stafford, July 21.-Mr. Justice Montague Smith opened the commissions and attended Divine service here yesterday. There are 23 causes for trial, of which 6 are marked for special juries. The calendar contains the names of 51 prisoners. There is 1 charge of murder, 1 of manslaughter, 1 of attempt to murder, 1 of attempting to commit suicide, and several serious offences against the person. The grand jury ignored the bill for murder. HOME CIRCUIT. Chelmsford, July 17.-The business of these assizes, which commenced yesterday, terminated to-day. The calendar of criminal cases was light in point of number and character. It contained the names of 24 prisoners, and the most serious cases that can be mentioned were one or two of violent assaults, except a case of rape, which broke down. Mr. Hawkins, Q. C., gave his assistance in trying prisoners, and they were all disposed of yesterday. The Lord Chief Baron, in charging the grand jury, observed that out of 24 prisoners only two could read or write. Lewes, July 21. The commission for the county of Sussex was opened and business was proceeded with yesterday morning at ten o'clock in both courts, the Lord Chief Baron presiding in the Crown Court, and Mr. Justice Mellor at Nisi Prius. There are 15 causes entered, 4 of which are marked to be tried by special juries, One of these, however, the great foreshore case, a question of boundary, Lloyd v. Ingram, will not be tried, as arrangements have been made, it is said, to dispose of it in some other manner. This is a new trial, the cause having at a former assize for this county occupied several days. The whole of the common jury causes were disposed of yesterday, and they were of the most uninteresting character. NEW LAW COURTS. The following has been addressed to the editor of the Times : "Sir,-As a statement has appeared in your columns to the effect that the Council of the Incorporated Law Society are not acting in harmony with the wishes of the members of the society in their advocacy of the Carey-street site for the erection of the courts, I am directed to request the favour of your inserting the accom "E. W. WILLIAMSON, Secretary. "Incorporated Law Society, Chancery-lane, July 17." "At the annual general meeting of the Incorporated Law Society, July 16, 1869, proposed by Mr. T. Burgoyne, of 160, Oxford-street, seconded by Mr. W. C. Milne, of Harcourt-buildings, Temple, and resolved unanimously-That this meeting hereby expresses its entire and cordial approval of the steps which have been taken by the council in opposition to the removal (as threatened by the Bill lately brought into Parliament) of the site for the new law courts and offices from Carey-street to the Thames Embankment, or elsewhere; and this meeting earnestly deprecates such removal as injurious to the interests equally of the suitors, the public, and the members of the legal profession.'" At the Mansion-house on Monday Mr. Horace civil engineer, appeared before Alderman Sir Lloyd, Q. C., and Mr. Edmund Alfred Pontifex, Robert Carden to answer a charge of assault pre ferred at the instance of the Great Eastern Rail. way Company. The defendants had entered into their own recognisances to answer the charge, and Mr. Pontifex had taken out a cross summons against the person complaining. Mr. Lloyd was accused of assaulting Daniel Everett, an inspector at the Fenchurch-street railway-station, by seizing him by the throat and forcing his head against a railway carriage; and Mr. Pontifex of assaulting the complainant, at the same time, at the door of the station, by striking him on the hand with his walking-stick. On the case being called, Mr. Straight, barrister, who appeared for the Great Eastern Railway Company, said he was happy to state that, by the good sense of the defendants, the Bench would be spared a very painful investigation. The company felt themselves bound to protect their servants in the performance of their duty, and it was of importance that gentlemen, such as the defendants were, should have an equal claim to protection fendants had handed to him a document which, he while travelling on the company's line. The deunderstood, they wished to be read in public. It was in these terms:-" Messrs. Lloyd and Pontifex contend that they are not to blame. A scuffle took place in which it is difficult to say for certain what the facts are, but as they are assured by the company that their servants were acting in the discharge of their duty, the defendants are prepared to adopt this view, and, while not admiting that any assault was committed which cannot be justified, yet express their regret for any interference with the officers of the company. They are induced to take this course by the assurance they have received from the company that Inspector Everett has for many years borne an irreproachable character in their employ, and without any complaint of any kind being made against him." Mr. George Lewis, jun., solicitor who appeared for the defendants, in the unavoidable absence of Mr. Serjt. Parry, expressed his assent to the terms contained in the document in reference to a matter which would otherwise have involved a long investigation. The company having withdrawn from the charge, the defendant, Mr. Pontifex, who had taken out a cross-summons against Inspector Everett, would also withdraw his complaint. Sir Robert Carden joined in the general satisfaction that an unpleasant inquiry had been avoided, and all parties concerned left the court. MAGISTRATE AND PARISH READINGS OF NEW STATUTES. THE WINE AND BEERHOUSE Acт 1869. (a) (Continued from page 226.) The unusually short time which is afforded for the purpose of mastering the contents of this Act, which received the Royal assent on the 12th inst., and practically came into operation on the 15th inst., renders it necessary that we should resume the subject without delay. It is most essential to remember that the keepers of all beerhouses, whether for consumption on the premises or not, should give certain notices, and comply with certain formalities prior to applying to justices at the general annual licensing meeting for a certificate, upon production and in pursuance of the authority of which alone the Excise have power to grant a licence. The Act does not prescribe any form of notice; but we have given at foot a form which has been carefully drawn. It is prepared to meet the case of a house holding an excise (a) By T. COUSINS, Solicitor, Portsea. licence prior to the 1st May 1869, and situated in a borough. It may, however, be easily altered where the application is in respect of a house not licensed prior to that date, or situated in a County. In consequence of the peculiar phraseology of the 8th section, it has been thought desirable that the notice should be somewhat similar to the notice necessary to be given of an application for a new spirit licence, the form of which is prescribed in the schedule to the Alehouse Act (9 Geo. 4, c. 61). or any servant or other person in his employ, or It will be desirable that all applications for a certificate under the new Act should be sup- The 13th section is a very extraordinary one, ported by a memorial to the justices certifying and it is difficult to imagine why it was thought the good character and respectability of the necessary. It provides that, "In any legal proapplicant, and as to the conduct of the house. ceeding under any of the said recited Acts it Applications for certificates in respect of houses shall not be necessary in order to prove the sale not licensed prior to the 1st May 1869 should of beer, cider, or wine, in or upon any house or also be supported by evidence as to the require-premises, to prove the receipt or payment of any ments of the neighbourhood, and of any other money in respect of such sale; but proof that circumstances rendering the grant of a certificate any beer, cider, or wine was drunk or consumed desirable. At the foot is the form of a memorial in or upon such premises by any person other to the justices, which can be altered to meet the than the keeper of such house or premises, or different cases which arise. It should be signed some servant or inmate residing therein, shall by persons of repute. The general practice is to be prima facie evidence of the sale of such beer, admit such documents as evidence, without any cider, or wine, in or upon such house or preproof of the genuineness of the signatures thereto. mises." By the 8th section applications for certificates in respect of licences to sell by retail beer, &c., not to be consumed on the premises, and by the 19th section applications for certificates for retail beer licences to be consumed on the premises in respect to houses holding licences on the 1st May 1869 may only be refused on the four grounds set forth in the 8th section, and which are as follows: In the first place it is to be observed that it was clear before the passing of the Act, that it was not necessary to prove the receipt or payment of money in order to substantiate a charge of unlawful selling. A sale might be presumed from strong circumstances: (see Finch v. Blundell, 26 J. P. 71; Smith v. Vaux, 6 L. T. Rep. N. S. 46.) The section therefore is unnecessary. But it is worse than unnecessary; it will ren(1.) That the applicant has failed to produce der a conviction infinitely more difficult than satisfactory evidence of good character. it was before, for it provides that proof that any (2.) That the house or shop in respect of which beer, &c., was drunk or consumed on the prea licence is sought, or any adjacent house or shopmises shall be prima facie evidence of a sale. owned or occupied by the person applying for a licence is of a disorderly character, or frequented by thieves, prostitutes, or persons of bad character. (3.) That the applicant having previously held a licence for the sale of wine, spirits, beer, or cider, the same has been forfeited for his misconduct, time previously adjudged disqualified from receivor that he has through misconduct been at any ing any such licence, or from selling any of the said articles. (4.) That the applicant, or the house in respect of which he applies, is not duly qualified as by law is required. Where an application for any such last-mentioned certificate is refused on the ground that the house in respect of which he applies is not duly qualified as by law is required, the justices shall specify in writing to the applicant the grounds of their decision. It is clearly contemplated here that all applicants for certificates shall "produce satisfactory evidence of good character," and hence the necessity of the application being supported as above suggested. Now prior to the present Act it was not neces- But whatever construction is put upon the A certificate under the Act may be transferred to a new tenant or occupant of any house in respect of which an excise licence is in ex istence, or in respect of which a certificate shall The 14th clause is directed against persons be granted under the Act by the justices (or a majority of them) in petty sessions for any holding licenses to sell not to be consumed on borough, &c., within which the house is the premises. It provides that where any such situated, which transferred certificate shall be person, with intent to evade the provisions of in force till the then next general annual any Act of Parliament, permits beer, &c., to be licensing meeting, or special sessions for trans- taken off his premises for the purpose of being ferring licences, as the case may be; and a new for his benefit or profit consumed in any other tenant or occupant of any such house may, with-house, or in any tent, shed, or other building, out a certificate, sell beer, &c., until the then next petty sessions (sect. 9). No notices seem necessary for a transfer of a certificate under this section, although certain notices are required prior to transferring an alehouse license (9 Geo. 4, c. 61, s. 11). Sect. 10 provides that a licence in force for premises situate in Middlesex and Surrey may be renewed without a certificate at any time prior to the first general annual licensing meeting held for such counties after the passing of this Act. This clause is rendered necessary in consequence of the general annual licensing meetings for Middlesex and Surrey not being held until the first ten days in March. By sect. 11 penalties are imposed for the forgery of a certificate. The powers of constables and officers of police of entering and examining houses holding licences to sell beer to be consumed on the premises, are extended to entering and examining houses holding licences to sell beer, &c. not to be consumed on the premises, and licences under 24 & 25 Vict. c. 21, s. 3, and 26 & 27 Vict. c. 33, 8. 1. which statutes are referred to in our previous article. In case the holder of any such licence, premises, or place, it shall not be necessary to Section 15 enacts that "if any person shall 1 L. T. Rep. N. S. 366.) He had also a right to supply beer, &c., in exchange for other goods to be delivered to him subsequently: (Petherick v. Sargeant, 6 L. T. Rep. N. S. 68.) The section under consideration renders it an offence to suffer beer to be drunk during prohibited hours, and the words used would seem literally to extend to a case where the beer retailer was entertaining his friends gratuitously. It would also, in strictness, extend to his own family and the inmates of his house; but it is presumed this construction could not be supported. It would probably extend to drinking by lodgers during the various times at which beer retailers might supply lodgers under former Acts of Parliament. It is open to doubt what operation this section will have as to "travellers." At any rate it is clear that the loose and indefinite wording of the clause will create much litigation. In the face of previous legislation, the section in question ought to have defined more clearly how far it was intended to go, and what its operation was to be in the cases above mentioned. The clause does not extend to wine, but only to beer (which includes ale and porter) and to cider (which includes perry). Why this distinction is made it is impossible to comprehend, unless it be intended to create a distinction in favour of those who can afford to drink wine. We shall conclude the consideration of this very extraordinary statute next week. I, , of FORM OF NOTICE. To the Overseers of the Poor of the parish of in the borough of in the county of and to the Constables thereof and for the said borough, and to all whom it may concern. borough and county aforesaid, and being a seller in the parish of , in the of beer, ale, porter, cider, and perry [and wine if required], by retail to be consumed on the house and premises, by virtue of an excise licence, which was in force on and prior to the 1st May 1869, do hereby give notice that it is my intention to apply to the justices assembled at the next the ninth year of the reign of King George the general annual licensing meeting for the said borough, to be holden in pursuance of the Act of Fourth, chapter sixty-one, intituled "An Act to regulate the granting of Licences to keepers of Inns, Ale Houses, and Victualling Houses in England," or at some adjournment of such meeting, at , in the said borough, on the day of August next ensuing, at the hour of noon of the same day, or at or of the clock on such other place, day, and time as shall be appointed for that purpose on some day between the 20th day of August and the 14th day of September inclusive, next ensuing the date hereof, for a certificate or authority under "The Wine and Beerhouse Act 1869," for a licence to sell beer, ale, porter, cider, and perry [and wine if required] by retail to be consumed on the house and premises and situate called the in the parish of in the borough and county aforesaid, and perty of of FORM OF MEMORIAL. To the Worshipful the Justices of the Peace, acting in and for the borough of in the county of is a well We the undersigned inhabitants of the borough do hereby certify that Mr. of the beerhouse, situate in the borough and county aforesaid (beer retailer), is, to the best of our knowledge and belief, a person of good and respectable character, and that the conducted and orderly house. [In case the house was not licensed prior to the 1st May 1869, add] And that in our opinion the situation, size, construction, and general character of the said house, will adapt and qualify it for a licence to sell beer [and wine, if so by retail, to be consumed on the premises, and that a house with such a licence is required in the neighbourhood of the house, and would be a convenience to persons residing in the vicinity. whose expenses were subsequently directed to be paid. The orders for payment were not made at special sessions as required by 1 & 2 Will. 4, c. 41, s. 13, and in form, they were mere directions to the county treasurer to pay specified sums. Payment was made by him, and his account was afterwards allowed at the quarter sessions. Held, that the order not having been made at a "special sessions held for the purpose" was invalid; but, the court being of opinion that there was no objection to the order in point of form, and that the treasurer was therefore justified in paying it, and taking into consideration the fact that the money had been paid, and the account allowed, discharged a rule which had been obtained for a writ of certiorari to bring the order up to be quashed: (Reg. v. Justices of Carnarvon shire, 20 L. T. Rep. N. S. 818. Bail.) CAMBRIDGE BOROUGH MAGISTRATES. (Before J. WENTWORTH, R. M. FAWCETT, DENNIS HOWLETT v. LORD WM. OSBORNE. Keeping a ferocious dog-Evidence of ferocity. Upon an information for allowing a ferocious dog to be at large in a public place unmuzzled, evidence that when chained up it was in the habit of biting people was admitted, to show the nature of the animal, although there was no evidence to prove that when at large it was in the habit of attacking people: Held, also, that when in a public street in company with its master, but two hundred yards from him, although under his control, was sufficient to satisfy the meaning of the expression "at large." This was an information laid by Thomas Howlett, inspector of nuisances of the borough of Cambridge, against Lord William Osborne, for that he on the 9th July, in a certain street within the borough, to wit Parker's-piece, did unlawfully permit a certain ferocious dog to go about unmuzzled, contrary to the bye-laws of the borough of Cambridge, whereby he rendered himself liable to a penalty not exceeding 40s. Fetch for the complainant. Whitehead for the defence. From the evidence of several witnesses it appeared that the dog, a black retriever, was usually kept chained up in the defendant's garden for the purpose of protecting the premises, and that upon various occasions, when so chained up, it had bitten numerous persons. One witness also proved that it had strayed in his master's garden, and had bitten him. Upon the day named in the information, it was shown that the dog was loose in Parker's-piece unmuzzled, in company with the defendant, but about two hundred yards from him. It was also shown that it was the habit of the defendant to let the dog loose in the evening to exercise it upon Parker's-piece, but there was no evidence that upon any of these occasions it had displayed its ferocity. Whitehead, for the defendant, submitted, in the first place, that Parker's-piece was not a public street within the meaning of the bye-law. Mr. Knowles, clerk to the magistrates, pointed out that by the interpretation clause of the Police Clauses Consolidation Act, Parker's-piece would be included. Whitehead did not press the objection, but further contended that there was no evidence to show the ferocious nature of the animal, except of those witnesses who had spoken to injuries inflicted while chained up for the protection of his master's property, and that although a dog might, when so engaged, be termed ferocious, yet it was not evidence of his general disposition when let loose. Again, it was not shewn that it was "at large," for when in company and under control of his master, it could not be said to be "at large" within the meauing of the bye-law. The Magistrates overruled all these objections, and, after evidence had been called to rebut the representations of the informant, convicted the defendant, and fined him 10s. and expenses. a declaration, as required by the 22 & 23 Vict. to Atkinson, solicitor, appeared for the defendant. Linay then applied to the Bench to allow a person to be bound over to prefer an indictment against the accused at the next assizes under sect. 2 of 22 & 23 Vict. c. 17, contending that, as by the 18th section of 19 & 20 Vict. c. 119, a person guilty of signing a false declaration was liable to the penalties of perjury, that sect. 2 of 22 & 23 Vict. c. 17 applied. The BENCH allowed a prosecutor to enter into the requisite recognisances accordingly. Held, that the onus probandi that the offence had A gentleman from the office of Mr. W. H. Shaw, Thomas Plow, a carman in the employ of the company, proved receiving a box from the defendant on the 17th June, which he delivered to Erasmus Walker, the scaleman at the company's goods station. After the formal evidence as to publication of the list of offences at the company's stations, Clerk of the Peace. H. Salwey. W. Borlase. deaths were 14, or rather over 1 per cent., and the average daily number of sick 42, or three times the deaths. The year's expenditure of these prisons-Mountjoy, Spike Island (public works), and Smithfield and Lusk (intermediate) was 38,0901., the estimated value of prisoners' work, 17,6041. It is proposed to close Smithfield Prison, as not needed. The report states that the Irish system of convict management continues to work satisfactorily. There were but sixteen revocations of licences in the year 1868. The Presbyterian chaplain at Spike Island gives a characteristic story of his flock; some of them "from the furthest north" waited upon him in the course of the year to state their objections to having hymns sung in Divine service, and to request that only the Psalms of David should be used, hymns not being inspired." Mr. Organ lecturer at Lusk, one of the intermediate prisons to which well-conducted men are in due time transferred, reports that "immorality is completely and entirely absent from that colony, and a sound vigorous tone shows itself throughout." He describes the released convicts in the Dublin district as obtaining from 10s. to 30s. wages per week, and says that some are foremen, and many are employers themselves; the conduct of the great majority is most satisfactory, and the relapses into crime are very few. The slightest violation of the conditions of a licence is visited with punishment. It appears that there were in Mountjoy Prison in 1868 140 prisoners, received under the Habeas Corpus Suspension Act; 107 of them were ditionally, and the rest were removed to county discharged conditionally in the year, five unconand city gaols. The account of this class of pri soners describes 148 as Roman Catholics and 37 as Protestants; 122 as single men, and 63 married. CRIME IN IRELAND.-The judges, in their addresses to the grand juries, continue to comment in complimentary terms upon the general diminution of crime. In opening the commission in Wexford, Mr. Justice George "had nothing but Mr. Jusunfeigned gratification to express." tice Morris, who presided in the Crown Court at Belfast congratulated the grand jury upon the evidences of tranquillity and order which he Walker, the scaleman, proved that he received had observed throughout the whole North-East the box of the last witness, and that it bore a Circuit. He expressed his gratification that, condirection, "Thurston, Cambridge," and in conse-sidering the immense population of the county of quence of the smell of the same he opened it, and Antrim, there was perfect safety so far as humanly found the box contained a quantity of mixed can be expected for life and property. He rejoiced grocery goods and also several dozen boxes of in being able in the commercial capital of Ireland lucifer matches. Cross-examined by Linay:-Did to use the same language of congratulation which not observe anything else marked on the box he had used in the first term on the circuits. except the address. The satisfactory state of the calendar and the police reports proved that "there is under ordinary circumstances a feeling in favour of law and order in that part of the country, and that the people are what may be described as a law abiding people." His Lordship alluded to temporary and exceptional causes which might lead to breaches of the peace, and said he thought the effect of those causes had been very much exaggerated. He hoped these "small and trivial, temporary and exceptional causes would cease, whether they arose from persons being too fond of giving offence to their neighbours, or from there being an over anxiety on the part of other persons to take offence. Baron Deasy made similar observations in his charge to the grand jury in the town of Carrickfergus. On all the circuits, so far as they have yet proceeded, there are favourable reports of the state of the country. In the county of Cork there are indications of a lawless spirit, which did not come under the observation of the Judges, in the number of incendiary fires, for which the grand jury passed presentments to the extent of 4541. This sum represents the value of a number of hayricks burnt and other injuries inflicted upon property. Linay addressed the Bench on behalf of the defendant, and contended that it had not been positively shown that the box was not marked as required by the section of the Act of Parliament under which the information was laid, and the onus of proof that the offence had been committed rested on the complainants. The JUSTICES, after a short deliberation, dismissed the summons. CRIME IN FRANCE.-In spite of the far more careful supervision exercised over the dangerous classes of Paris than over their brothers in London, and notwithstanding the actual existence for some years of provisions in their French criminal code similar to those we have just introduced into our Habitual Criminals Bill, the registers of the Paris prefecture tell much the same tale as the gaolers of our own prisons. Here are a few cases which have been recently cited :Joseph Guyot, between 1854 and 1868, was sentenced twenty-four times; Antonin Crozat, between 1833 and 1868, seventy-one times; Jean Hebrar, since Dec. 4, 1833, has been condemned to twenty-seven years and five months' imprison- REAL PROPERTY LAWYER AND ment, twenty-five years of solitary confinement, and to 235 years of penal servitude-287 years in all. He was transported to Cayenne and escaped. : IRISH CONVICTS.-The directors of convict prisons in Ireland report that in the year 1868 50 less than in 1867; 172 were males, and 74 246 convicts were sentenced to penal servitude, 163 on orders of licence, and 82 unconditionally, females; 245 convicts were discharged in the year on completion of sentence, &c. The number in custody on the 1st Jan. 1869, was 1325-viz., 922 males and 403 females, the total being 10 less than on the 1st Jan. 1868, 106 less than in 1867, 312 less than in 1866, 248 less than the average on the 1st Jan. of the ten years 1859-68. The total number of convict prisoners in 1868 was 1333; the CONVEYANCER. NOTES OF NEW DECISIONS. WILL CONSTRUCTION.-By a deed landed upon trust to sell, exchange, and make partition estates at Ealing were conveyed to trustees the purchase money to L. and the other to B., thereof, and in case of sale to pay one-half of for her separate use, and until the sale to hold the rent (as to B.'s moiety) for such person or persons as B. should by deed or will appoint, and in default for her absolutely. B. by her will devised all her "landed property" at Ealing to her husband (an alien) for life. B. died before |