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defendants: Held, that in such circumstances it was the case of the defendants to show that the plaintiffs had no title, and that they were entitled to the production. But correspondence between a client and his solicitor was held to be privileged from production, not merely where it related to the subject-matter of dispute then in existence, but as being correspondence between client and solicitor, or acting in the course of his business as solicitor: (Boyd v. Petrie, 20 L. T. Rep. N. S. 934. Ch.)

JUDGMENT-CREDITOR OF MORTGAGOR—EXECUTION Sot issDED—27 & 28 Vict. C. 112.— Certain judgment-creditors of a mortgagor, who had not issued execution, were made defendants to a suit for foreclosure: Held, that if the judgment-creditors should issue execution, and the returns to the writs should be made before the expiration of the six months allowed for redemption, they would be entitled to redeem, but not otherwise: (Mildred v. Austin, 20 L. T. Rep. N. S. 939. M. R.)

PracticePartition Act 18G8 (31 & 32 Vict. C. 40).—A bill was filed for the partition of an estate under the Partition Act 18GS. The parties afterwards desired that part of the property should be partitioned, and the rest sold: Held that this could be done under the Partition Act 18G8. Docree accordingly for partition of part of the estate, and for sale of the rest: (Roebuck v. Chadelxt, 20 L. T. Rep. N. S. 910. M. R)

Comments On A Suit In A Local Journal. —Where a newspaper article, having relation to a pending suit, was, in the opinion of the court, calculated to create prejudice against the plaintiff, and to cast opprobrium upon his solicitor, an order for committal of the publisher was made, but not, however, to be enforced for three weeks, in order to afford an opportunity for the publication of an apology: (Ilobson v. Dodd, 20 L. T. Rep. N. S. 941. V.C. M.)

Judgment RecoveredLex Fori.—A plea of judgment in favour of the defendant recovered in the court of a foreign country on the Statute of Limitations of that country, is not an answer to an action brought here for the same cause of action. In the case of an attorney's bill of costs for the conduct of a suit in an inferior court and also on appeal, the Statute of Limitations does not begin to run until the termination of the suit in the appellate court. The plaintiffs, attorneys in partnership in the Isle of Man, were employed by the defendant in March 1858 to conduct a suit in the Ecclesiastical Court of that island, in which suit he was a party. The Ecclesiastical Court pronounced judgment in favour of the defendant in April 18G1, but the case was brought on appeal to the appellate court of the island by the other parties to the suit in Sept. 1861, and the litigation proceeded there till April 18G5, when the judgment of the appellate court was pronounced. The partnership of the plaintiffs had been dissolved in Oct. 18G2, from which time one of them only had the conduct of the suit. An action was brought in the Deemsters Court of the Isle of Man to recover the amount of the plaintiff's bill of costs up to the time of the dissolution of partnership, and the Manx Statute of Limitations (three years) having been pleaded, judgment was given for the defendant on that ground. An action afterwards being brought in this country for the same cause of action: Held, that a plea of the judgment recovered in the Isle of Man court was not a bar to the action, such judgment not being one on the merits of the case: Held, also, that the employment of the plaintiffs was a continuous one, and that the Statute of Limitations did not begin to run against their claim until after the termination of the suit in the court of appeal: (Harris and another v. Quine, 20 L. T. Rep. N. S. 947. Q. B.)

HEIRS-AT-LAW AND NEXT OF KIN.

Gmio (W.;, Surrey Lodge, Lambeth, barrister-at-law, heiratlaw to come in by Nov. i. Nov. 10; V.C. J., at twelve, adjudicating, chambers.

Schovield (Man). Brighton. Clarke and Howlett, solicitors, s^ Ship-street, Brighton. Sept. 29.

Willis (Catherine A.), Bath, heir-at-law to come in by Nov. 2. Nov. 0; SI. B., at eleven, for adjudicating, at said chambers.

CREDITORS UNDER ESTATES IN CHANCERY.

Last Dat or Proof. Child (Henry), Edgware. Sept. 15; J. H. Lydall. Solicitor,

12, Sonthuiiiifton-buildings. Nov. 3: V. C. 8., at ten Child (Mary), Edeware. Sept. 15 j J. H. Lydall, Solicitor,

12, Southampton-buildings. Nov. S; V. C. 8., at one. Colthcrkt (Robert J.) Weston-super-Mare. Oct. 1:

Gabriel and Co., Solicitors, Poole, near Bridgiwater.

Nov. 4 ; V. C. M., at twelve.

Craxkshaw (Richard), Blackburn. Sept. SO; J. Pickop,

Solicitor, Blackburn, Lancashire. Nov. 4; V. C. J., at

twelve. Eddison (Booth), Nottingham. Sept. 18; Payne, Ford, and

Co., solicitors, 70, Albion-street, Leeds. Nov. 1; V.C. 8.,

at twelve. Gomdall (Abraham), Albany-street Barracks, Regent's

park. Sept. 20; J. L. Dale, solicitor, 8, Furnival s-inn.

Nov. 8; V.C. St., at twelve. Goodall (Sarah), 27, Wyvill-road, Wandsworth-road. Sept.

20; J. L. Dale, solicitor, 8, Fumival's-inn. Nov. 8; V.C.

St., at twelve. Hiciix (John), St. Peter, Dorchester. Oct. 11; Thos. Coombs,

solicitor, 6, South-street, Dorchester. Nov. 19; V.C. 8., at

one. Hl'stkr (John), Sunderland. Oct. 11; W. Ring, solicitor,

50, Lombard-street. Nov. 9; V.C. S„ at twelve. Johnstone (Chas. E.), 105, Gloucester-place, Portman

seiuare. Oct. 1; Bennett, Dawson, and Co., solicitors,

2, New-square. Nov. 6: M. R., at twelve. Laskig (D. J.), Stock Exchange. London. Oct. 1; Head

and Coode, solicitors, 20, Mark-lane. Nov. 3; V.C. J„ at

twelve. Ml-creath (James), Burr-street, Lower East Smithneld.

Sept. 30; Glyncs and Son, solicitors, 1, Crescent, Americasquare. Nov. 0; M.R., at eleven. Nicholl (Thos.), Queen-street, Cheapside. Sept. 30; J. and

R. Golo, solicitors, 49, Lime-street, E.C. Nov. 5; M. H..

at eleven. Nimho (John), Castle Eden, Durham. Sept. 10; J. Ward,

solicitor, Durham. Nov. 13; M. R., at twelve. Nowell (Thos.), Birmingham. Sept. 30; li. Chadwick,

solicitor. Dewsbury. Nov. I; V.C. J., nt twelve. Paston (Paul), King's-bench-walk, Temple. Sept. SO; T. R.

Amis., solicitor, 7, South-square.! Nov. 12; V.C. J., at

twelve. Shawk (Alary). Penkridire, Stafford. Oct. 11; Thos. Mallow,

solicitor, Walsall. Nov. 3; V.C. S, at twelve. Twohig (Mary), 30, Swinton-street, Gray's- inn -road.

Sept. 21; Gibson and Sons, solicitors, Ci, Lincoln's-inn

nolds. Nov. 2; V.C. S., at twelve. Williamson (F. R.), Chlswell-street, Finsbury. Sept. 25;

J. W. Crick, solicitor, Middon. Nov. 3; V.C. S., at twelve. Wiiioht (John), Little Dford. Essex. Oct. 1; R. King,

solicitor, 25, Birchin-lane. Nov. 4.; V.C. M., at twelve.

CREDITORS UNDER 22 4.23 Vict. c. 85

Last day of Claim, and to icTiom Particulars to be sent.

Allartave (Josh.), 20, Gainsborough-road, Mile-end. Oct.

4; T. Price, solicitor.24, Abchurch-lane. Baths (Mi.ss E.), St. Peter's-place, Canterbury. Sept. 29;

Sankey, Son, and Co., solicitors, Canterbury. Bollock (Thos.) The Grove, Stratford. Essex. Sept. 15;

Hillearys and Co., solicitors, 5, Fenchurch-buildings, E.C. Butterfield (Walter), 5. Stanhope-terrace, Hyde-park.

Sept. 20: Tucker, New, and Co., solicitors, 4, King-street,

Cheapside. Coates (Merwin G. W.!, Great Malvern. Sept. 15; Richd.

Blanchard, solicitor, 16, Oxford-street, Southampton. CoorER (Mr. J. N), Norwich. Oct. 1; Keith, Blake, and

Co., solicitors. The Chantry, Norwich. Emery (William), 175, Old-street, St. Luke's, London. Oct.

12; H. Emery, solicitor, 3, Arboretum-street. Derby. Epps (John, M.D.), 89, Great Russell-street, W.C. Sept. 20;

W. H. Macon, solicitor, 18, Fenchurch-street. Fellowes (Root.), Shotesham^park, Norfolk. Nov. 10; F.

Fox, solicitor, Surrey-court, N orwich. Fieldino (Cant. J. C), Ceylon. Dec. 25; Hart and Davies,

solicitors, Abckurch-house, Sheiborne-lane. Fisher (Ralph B.j, Oak-hill, near Tunbridso. Oct. 24; J. C.

Tompkins, solicitor, 18. York-place, Portraan-equare. Gkazkurook (Henry), Chertsey, Surrey. Sept. 20; Grazebrook, Pain and Co., solicitors, Chertscy, Surrey. Halliday (Michael F.), 30, Thurlow-place, Brompton.

Sept. 18; Bailey, Shaw, and Co., selicitors, 5, Bemers

street. Headlam (Thomas E.), Newcn*tle-on-Tyne. Sept 21;

Graham and Co., solicitors, 20, Chorles:street, St. Jomes's

square. Hornry (William). Southsea. Oct. 1; Binstead and Elliott,

solicitors. 16, High-street, Portsmouth. Hunt (Catherine), Sandford Lodge, Clifton-road, Brighton.

Sept. 29; Humphreys and Co., solicitors, 119, Newgate

street-London. Jones (Edward), 228, High-street, Bangor. Oct. 1; Thos.

Foulkes, solicitor, Bangor, Carnarvon. Kallowav (Martha), 05, Gibson-square, Islington. Sept. 1;

Copinger and Co.. solicitors, 22, Essex-street, Strand. Lapraik (Douglas), Hong Kong, late of the Oaks, Acton.

Jan. 1,1870; Brooks and Co., solicitors, 7, G<>dliman-street,

Doctors'-oommons. Louax (Johnson), Bolton, Lancashire. Oct. 1; J. Green

hangh, solicitor, s, Acrcsneld, Bolton. Orme (Eliza), 21, Albion-street, Hyde Pork. Sept.; Lee,

Pemberton, and Co., 41, Lincoln's-mn-flelds. Parish (H. D.), 9, Manchester-street, Manchester-square.

Oct. 2; Stuart and Bah/, solicitors, 0, GrayVinn-square. Patten (Louisa J.), 17, Upper Woburn-place. Oct. 5; R.J.

Patten, 1, Veniliim-buQiHngs. Preedy (Ann), 49, Crescent-mews, Wilton-crescent. Sept.

II; F. W. Pumphilou, solicitor, 5, John-street, Adelphi. Redman (Edwd.), IS, Douglas-road, Canonbury. Sept. 6;

Kimber and Elks, solicitors, 79, Lombard-street. Reynolds (Joshua), Newton St. Faiths, Norfolk. Oct. 1;

Keith, Blake, and Co .solicitors, The Chantry, Norwich. Saville (James). Leeds, Yorks. Oct. 1; Chas. Buhner,

solicitor, 73, Albion-street, Leeds. ScuoriELD (Mary), York-place, Brighton. Sept. 29; Clark

and Howlett, solicitors, 8, Ship-street, Brighton. Slinqsry (Sir Chas.), Scriven-park, near Knaresborough.

Oct. 1; Hirst and Capes, solicitors, Knnresborough. Smith (Edward), (», Victoria-road, Kentish-town. Sept. 11;

Smith and Son, solicitors, Richmond, Surrey. Staoland (Chas. H.). Lower Mitcham, Surrey. Oct. 1: R.

and W. B. Smith,solicitors, 7, New-square. Stewart (William D.), 5, Tenterden-street, Hanover-square.

Oct. 15; Whitakers and Woolbert, solicitors, 12, Linooln's

inn-Fields. Thompson (Robt.) Calvert-street, Norwich. Dec. 21; F. Fox,

solicitor, Surrey-court, Norwich. Tinole (Peter), Loxley, Eoclestleld. Oct. 1; Rogers and

Thomas, solicitors. Bank-street, Sheffield. White (Maria), Pierce-lodge, Lordship-lane, Surrey. Sept.

29; J. R. Adams, solicitor, 15, Old Jewry Chambers.

UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND.

LTransferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the person respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.]

Patterson (William), Lincoln's-inn-ficlds. Dividend on 24/. 10s. Long Annuities. Claimant, Ann Kendall (widow of sole executor).

Smith (Thos. L.), Aldboro' Hatch, Barking side, Essex. Dividend on 66/. 18s. lrf. Reduced Three per Cent. Annuities. Claimant, said Thomas L. Smith.

A Monster Bill.—The Bill for consolidating and amending the Acts relating to merchant shipping and navigation has been issued. It extends over 300 folio pages, and comprises 733 clauses and 35 pages of schedules.

Acts Of Parliament—The number of public Acts passed in the recent session was 117 against 130 in the preceding year. In the session just ended the local statutes numbered 182, and in tie last year 159.

The Tichborne Case. — Vice - Chancellor James held a court, at the Black Horse inn, Shere, near Guildford, at which Mr. Richard Sydenham, the printer and publisher of the Poole Pilot, appeared to show cause why Le should not be committed for a contempt of court, in publishing in his newspaper an article vindi. eating in strong terms the claims of the allesred Sir Roger Doughty Tichborne (a party to s nut pending in the court) to the Tichborne title ini estates. Mr. Chapman Barber appeared for.the present infant possessor of the estates, Sir Hemj Alfred Tichborne, and having read the article from the respondent's newspaper, applied that he ihouH be committed for contempt. Dr. Tristram appeared for Mr. Sydenham, and pnt in an affidavit express. ing the deep regret of the respondent at harm? published the article. The learned counsel said that the strong remarks against the present claim. ant which had appeared in other newspapers had led his client to believe that he hail a right to comment on the case. The Yice-ChnnceUor eaid that a gross contempt of court had been com. mitted, and at first he was strongly inclined to send the respondent to prison. The public press had been cautioned by previous proceedings inthj court in this very case, that it had no right U comment upon or interfere with a pending suit As the respondent had expressed his regret hi would order him to pay the costs of the application -, but in all future cases the full penitin power vested in the court would be exercise!

Fatal Accident To A Solicitor-toi coroner for Southampton held au inqnest oi the body of Mr. Bunyan Maskey, a solicitor ii large practice for many years in that town. regis| trar of marriages for the district, and well know) throughout the county of Hants. It appea» that about a fortnight ago the deceased, who n| very fond of riding, went on horseback to see I client living at Freemantle, about two miles but Southampton. On his way home he called at th house of a friend, and remained there a short tan; the horse, which was rather fresh, being meai| while turned into an adjoining meadow. Decease; appeared to be in his usual good health aa spirits, and on his departure his friends foilove him to the door to wish him good bye. He B mounted, but had ridden not more tianadoH strides when he was seen to fall forward, aa slipping down by the horse's neck, he fell heavi| to the ground head foremost. He was picked tj insensible and bleeding, and was convoyed to z home in a cab in charge of a medical man. It vj found he had sufferfd a severe concussion of tl spine, the whole of the lower portion of his Dm being paralysed. He regained his senses, bu after lingering in great pain for many d»yl he died from the injuries received in the fil It is supposed the accident arose from deceai being suddenly seized with one of the fits of gid< ness in the head to which he was subject Hew lately a member of the corporation of Sontham ton, and was sixty-nine years of age. A verdl of accidental death was returned.

The Law Courts' Site.—The Master of tl Bolls was among those who were examined beta the Commons' Select Committee, which has jo been considering the question of a site for the ni courts. Lord Bomilly being asked by the chai man which of the two proposed sites he considea most convenient, rather startled the querist 1 proposing to say a few words on the qnesw whether we want any site at all. His Lordsh proceeded to state that in his opinion we and* take a completely unnecessary and wasteful eiM diture of money in building new courts at all present. He does not believe that new courts I wanted, and he is convinced that we do ri know what courts will be required. We ha! got from the Judicature Commission a report' which they; propose a complete alteration in t system of judicature and appeal; and it will he singular inconvenience if, after wo have built; i our courts, we find that we have got some whl are not wanted, and others which are not suit for the purpose required; in short, that so ma money has been thrown away. He maintains th l we ought not to build any new courts until' ■ have ascertained what changes in the judicata are required. A great alteration in the law impending, which will require a corresponds alteration in the courts. As to the coneentratj of courts, he allows that this will be an auva tage to solicitors in large practice by enabla them to keep one or two fewer clerks; bnt does not believe it will be any advantage to t general public. In the crowding and bustle a must arise strangers will not know where to fi the court they want; and to the suitors it" not cause a saving of a penny per cent in costa

"The Chief Clebk."—Readers of the nev paper reports of the proceedings in the law eoui are often puzzled to understand the functions of a personage who usually plays an important part in them—the chief clerk. The nature of that officer's functions is fully explained in the evidence given before the Scottish Law Courts Commission by Jfr. George Hume, one of the taxing masters in Chancery. Mr. Hume said:—The Masters in Chancery Abolition Bill (15 & 16 Viet. c. 80), which established the system of conducting business in the chambers of the equity judges, enacts that each judge shall have the sole power to order what matters and things shall be investigated by and before his chief clerks, either with or without his direction, during their progress, and what by himself. The business of the judge's chambers is conducted under the immediate control and direction of the judge; and the great safeguard of the system is the ready access to the judge, on the part both of the chief clerk and of the suitor, whenever necessary. The judge personally hears tad decides all questions which he may direct to be brought before him, or which are adjourned to him by Jhe chief clerk for his consideration j and for that purpose the judge sits in chambers once or twice in every week during the sittings of the court, from three or half-past three o'clock in the afternoon until five or six o'clock, as may be required, as well as at other times on any urgent occasion. Where the parties desire to have the assistance of counsel on each side, cases adjourned bjthe chief clerk are usually heard by tho judge in open court during the ordinary sittings of the court. The judge is also at all times accessible to the chief clerk for advice and assistance in any proceedings pending in chambers; and in all cases any party interested in the proceedings has the right to have any question brought formally before the judge, for his personal opinion or decision. The chief clerks must by statute have the qualification of ten years' practice as solicitors immediately preceding their appointment. They are, therefore, from their practical knowledge and experience, fully competent to discharge the important duties of their office. It is obvious that every inquiry, account, investigation of a pedigree, allowance of debts, &c, requires the exercise of what may be called "judicial discretion;" and even decisions upon application for time to answer may be called "judicial." These esses necessarily involve mixed questions of law and fact, and the principle upon which the business in chambers is conducted is that tho chief clerk inTestigates all these matters; and then, if a uesu'on either of law or fact arises, which the chief clerk for his own guidance considers proper, or any of the parties desire, to refer to the judge, this is done as a matter of course, not in the nature of appeal or review, but for the decision of the judge himself in lieu of that of his chief clerk. In such casce the question may be adjourned for the judge in chambers or in court, or be reserved by the chief clerk's certificate for the decision of the court on hearing tho cause on further consideration, according to the nature of the question sad the convenience and wishes of the parties; and in these cases it is the duty of the chief clerk to see that all the evidence is complete, and the question ripe for the court or judge. The whole principle is that the chief clerk should transact such business as from the nature and importance of the question involved may safely be entrusted to a solicitor of experience; ond that whenever during the proceedings a question of any kind arises which ought to bo disposed of by the judge, this may be done in a ready and inexpensive manner. Counsel are not heard before tho chief clerks in proceedings in chambers.

THE BENCH ^ND THE BAR

ASSIZE INTELLIGENCE. Northern Circuit. Liverpool, Aug. 13.—The commission was opened i*n> yesterday afternoon, and their Lordships commenced the business of the assize this mornuis". The list looks a very heavy one, there being Mi entries of causes, 51 of which are special juries, tut it may be that it will turn out more or less a 'rotten" one. The calendar is unusually light, there being 42 cases only, comprising 58 prisoners, cone of which promise to be of remarkable importance.

Mr. James Fallon, barrister-at-law, has been appointed recorder of Tewkesbury.

Stipendiary Magistrate For Manchester. Sir William Mantle has received the appointment •j stipendiary magistrate for the Manchester 4vi«jon, rendered vacant by the death of Mr. H. LTrafford.

Bbvming Barristerships.—The Lord Chief «ron has appointed Mr. G. Francis and Mr. J. Philips additional revising barristers for Kent, "a Mr. E. Williams (son of Mr. Justice Williams) additional revising barrister for Surrey.

The Lord Chancellor has offered the rectory of

St. Mary, Stafford, vacant by the elevation of the Bight Bev. Dr. Cowie to the Bishopric of Auckland, to the Hon. Adelbert Anson, M.A., of Christ Church, Oxford, vicar of St. Michael's, Handsworth, near Birmingham, a brother of the Earl of Lichfield, but he has declined it. The Lord Chancellor had previously offered it to the Bev. F. J. Wood, M.A., curate of St. Peter's, Leeds, a nephew of his Lordship, who also declined it.

MAGISTRATE AND PARISH
LAWYER-

NOTES OF NEW DECISIONS. Poor LawIrremovability Op PauperUnion.—By the combined effect of 4 & 5 Will. 4, e, 7G, s. 109, 24 & 25 Vict. c. 55, s. 12, and 28 & 29 Vict. c. 74, s. 8, a pauper is irremovable who resides one year in "any number of parishes . . . . incorporated for the relief or maintenance of the poor under any local Act." By a local Act of Parliament the parish of Pool was incorporated with certain other parishes and townships in one united district, to be called the "Montgomery and Pool United District;" the guardians of the united district to hold the house of industry which had been established by former local Acts, and to elect directors who should have the governance and control of the house of industry and the poor to be received therein: bat each parish or other place within the united district was to have the separate care of the poor belonging to it, or who should be sent or received into the house of industry from it, and was to maintain or provide for them at the separate expense of such parish or place either in the house of industry or elsewhere, and might send its poor to the house of industry and take them out again at its discretion. Certain paupers who had resided for more than a year in the united district, but for less than that period in the particular division to which they had last removed, were by an order of justices directed to be removed from that division to the place of their last legal settlement. On appeal from the justices' order: Held, that the "Montgomery and Pool United District" was a union within the meaning of the above Acts of Parliament, and therefore that the paupers having resided for more than a year in the united district, were irrrmovable: (Guardians of the Poor of Machynlleth v. The Churchwardens, frc, of Pool, 201.. T. Rep. N. S. 951. Q.B.)

A Maqistrate Fined SI. For Illegal FishIng.—Mr. Tomkyns Dew, of Whitney Court, a magistrate for the county of Hereford, and late high sheriff for the same, has been fined SI. by his brother magistrates for using a fixed engine, called a " stopping net," in fishing for salmon in the river Wye, along the banks of which river Mr. Dew is a considerable landholder. Mr. Gwillim, of Hereford, conducted the prosecution at the instance of the Wye Fishery Board. The information was laid under the 24 4 25 Vict. 0.109, s. 11, which enacts, that "no fixed engine of any description shall be placed or used for catching salmon in any inland or tidal waters; but tho section shall not affect any ancient right or mode of fishing lawfully exercised at the time of the passing of the Act by any person by virtue of any grant, charter, or immemorial usage." By the interpretation clause of the same statute fixed engines include putchers, and by sect. 29 of the 28 & 29 Vict. c. 121, tho term fixed engine applies to " any net fixed to tho soil, or made stationary in any other way." Mr. Justice Lush ruled accordingly in the recent case, Holford v. Oeorge, 3 L. Eep. 639. The court having infli;ted a fine of 51. upon the defendant, Mr. Dew gave notico of appeal.

Embezzlement By A Partner.—The first case of alleged embezzlement by a partner has just been tried at the Leeds Circuit Court under the statute of last year, resulting in a verdict of not guilty, the point of difficulty having been whether the facts alleged constituted embezzlement, or only proved a lax mode of keeping accounts. It was stated that after the partnership had gone on for some time the partners, Wanstall and Willis, quarrelled, and one of them, Willis, took possession of the books, and handed them to an accountant. The day after this the cash book was handed to the prisoner Wanstall to enter any payments he might have received, and he entered a great number, which had been omitted during a period of eighteen months, amounting to 145!., which sum, however, he claimed by an entry on the credit side that he was entitled to draw. The indictment charged three small sums not in the list thus handed in. The special case for the defenco was strong, but it is easy to see from the

above how difficult it will often be to establish a charge of embezzlement against partners. It is only natural that they should do strong things against each other merely to protect themselves and without any intention to defraud; and it may be doubted whether the facts stated, if proved, would have constituted a case. If the attempt had been to show that there was no pretence for the claim of 1451. at all, it would have been more plausible; but obviously the omission of one or two of the payments might be an oversight.

Mr. Justice Hannen And The New BeerHouse Act.—In his chargo to the grand jury at the Liverpool assizes, Mr. Justice Hannen alluded to the new Beerhouse Act, some portions of which he said, he regarded as full of good promise. He considered the old beerhouse regulations as most ineffective, as the great facilities afforded for the acquisition of a boorhouse licence rendered almost nugatory the requirements that the applicants for licences should be persons of good character. In fact, so easy was it found to obtain testimonials as to character, that there was no security as to the bona fiilcs of the applicants. He was, however, happy to say that under the new Act there was no stereotyped form in which a man could obtain a certificate of good character, and it would in future be the duty of the magistrates to ascertain, by careful inquiry, if the applicant's character was really good. In addition to this, the power now vested in the magistrates of depriving a man, under certain circumstances, of the right to keep a beerhouse; would doubtless be productive of the best results. For instance, the magistrates have now the power to deprive a person of his or her licence if tho house became disorderly or frequented by thieves, prostitutes, or other bad characters. Although it was not made a specific ground for depriving a man of his licence that he should habitually supply persons already drunk with more drink, yet when the question arose whether or not the house was disorderly, the man who was proved to have repeatedly supplied persons already drunk with more drink would afford the most cogent evidence that his house was disorderly, inasmuch as nothing so much tended to disorder as such a practice. Another excellent provision of tho new Act was, that not only should a person who kept his house open after the proper hour be liable to a fine, but that those persons who were found there should also be liable. His Lordship in conclusion said that they must not be disappointed if the good results of recent legislation were neither immediate nor even speedy. It would be a work of time to change the habits of the people, and it was his opinion that no great change could be hoped for until not only the facilities but the inclination for drinking were greatly decreased. To produce such good effects they must look for a great spread of education amongst the masses, whose tastes and amusements it would be wise to simultaneously enlarge and improve.

Hanging.—Whatever grounds may be urged for retaining or abolishing capital punishment, there is one question connected with the subject whioh hardly receives the attention it deserves. Assuming that it is necessary to put an end to the earthly career of a certain class of criminals, that object is fully gained by the quickest and most merciful means; we are agreed that life should be extinguished without torture, and it is equally objectionable to kick tho condemned man from time into eternity, so to speak. Now our own way of killing a criminal is by throttling him. Is this process unnecessarily painful or not t The general opinion of the community is that a criminal who is hanged suffers little if any pain; that dislocation of the neck is ensured, and that thereupon sensation is at an end almost immediately. We find that the unhappy man was " launched into eternity," and as tho launch was all over before respectable people were down to breakfast, we trouble ourselves little on tho subject; and, indeed, it is by no means a pleasant matter for contemplation. * Yet if we made inquiry at Newgate we should find that of tho many criminals executed at that prison during the last twenty years, perhaps only two or three have hod their necks dislocated. The others have died of sheer strangulation. There is, therefore, good reason for believing that hanging is an unequal punishment. No doubt all executions seem alike, but that is because, since one miserable wretch a few years ago got his feet on to the scaffold after the drop had fallen, an ingenious and elaborate adjustment of leather straps was devised to prevent such ghastly accidents in future. If those whose duty has compelled them to stand near the gallows on the occasion of many executions told us truthfully what really happens, we believe they would give the following account. When the drop falls the culprit struggles violently for about three-quarters of a minute; his head then droops on one side, he becomes motionless, and at this moment the reporters say he is "launched into eternity." Reporters are, however, liable to error, and never more so than on these

terrible occasions, when tho account of the closing scene is generally written beforehand. Though the man is motionless, the cud id not yet; the culprit, reviving from his faint, roturns again to time from eternity, and the violent heaving of his chest shows tho fearfnl nature of a second struggle, which would be evident to all but for tho happy thought of the straps. This second agony varies in duration very much according to the manner in which the executioner has exercised his skill ; but its average duration is about two minutes, measured by our time. We believe this to be a fair account of what takes place at most executions. The details, of course, vary according to the dexterity of the hangman. Poople would be horrified at the suggestion, but there can bo no doubt that few officials more require a certificate from the Civil Service Commissioners than the executioner. The slightest error in adjusting the noose, any miscalculation in the length of the drop, may make the suffering tenfold greater in one case than in another. The truth is, we apprehend, that hanging, even when skilfully performed, is but a barbarous mode of putting an end to life, and unskilfully performed there is reason to fear that it becomes positive torture; and, moreover, the mere difference in the weight of the culprits renders it at all times an unequal punishment. Heavy murderers escape much of the pain we inflict on lighter villains. Now that executions aro no longer conducted in public, and the faults in our system, if faults there be, may remain concealed within the prison walls for an indefinite time, might it not be advisable to consider whether our mode of execution is really the best one possible? Might not this very method be rendered almost painless by one of the mauy agents known to modern medicine? Suppose that dreadful white cap were at the last moment drenched with chloroform, for instance ?—Pa 11ilall Gazette.

REAL PROPERTY LAWYER AND CONVEYANCER.

NOTES OF NEW DECISIONS.

Dower.—D. devised his freehold and personal estate in trust to permit his wife and five children to receive the rents and profits, subject to the payment of debts. After the date of the will real estate was conveyed to him, without any declaration against dower. The widow was held to be excluded from dower by the 9th, but not by the 4th section of the Dower Act: {Howland v. Cuthbertson, 20 L. T. Rep. N. S. 938. M. R.)

Mortgage ForeclosureRedemption.— Judgment-creditors of a mortgagor who had not issued execution, were made defendants to a foreclosure suit. It was held that, if they should issue execution and the return to the writs should be made before the expiration of the six months allowed for redemption, they would be entitled to redeem, but not otherwise: {Mildred v. Austin, 20 L. T. Rep. N. S. 939. M. R)

Mortgage—Policy Of AssurancePreMiums.—The mortgagee of a policy of assurance gives C. an equitable charge on it. B. paid the premiums down to his death, and his administrator to 18G8, when the life dropped, and the policy became due. B.'s administrators were held to be entitled in priority over C, in respect of the moneys he had expended out of B 's estate in payment of premiums he had paid on the policy, but not in respect of premiums paid by B. in his lifetime: [Norris v. The Caledonian Insurance Company, 20 L. T. Rep. N. S. 939. M. R.)

Partition Act.—A bill was filed under this Act for a partition. The parties afterwards desired that part of the property should be partitioned, and the rest sold. The court was of opinion that this might be done, and made order accordingly: {Roebuck v. Chadebet, 20 L. T. Rep. N. S. 940. M. R.)

Will.—B. gave to his wife all his household furniture "and property of every description" that he might be possessed of at the time of his death, and also moneys in his possession, or that might be due to him. Realty was held not to be included in this gift: (Ex parte Yates, 20 L. T. Rep. N. S. 940. V.C. S.)

Ante-nuptial Settlement Void Against Creditors.—When an action for debt was pending against him, B. assigned all his property in trust for his intended wife for life with remainder to his sun absolutely. The marriage took place immediately afterwards. B. had previously cohabited with her, and they had lived alone in the same house for many years. The settlement was held to be fraudulent, and

the wife to be a party to the fraud, and that it was void as against the creditors: (Bulnier v. Uunter, 20 L. T. Rep. N. S. 942. V.C. M.)

The Land Laws. — A correspondent of the Scotsman states that some advanced Liberal members of the House of Commons are endeavouring to form a society, the objeots of which will be to discuss, and thoroughly develop the land question in all its phases. It will seek to test and enlighten publio opinion on all points whioh come fairly within its programme, and it is thought that even before next session sufficient progress will be made to give the Government great encouragement in any courageous polioy upon which they may resolve, and also to indicate to them how far they may go in the direction which the necessities of the Irish case will suggest. The organisation, it is added, is not yet ripe for publicity, but tho preliminary meetings have been attended by such members as Mr. Mill, Mr. Jacob Bright, Sir H. Hoare, Mr. Fawcott, Sir C. W. Dilke, 4c, and they will have associated with them several colleagues of the artisan order. The result is likely to be made known very soon if the effort to form a society receives encouragement.

JOINT-STOCK COMPANIES' LAW JOURNAL.

NOTES OF NEW DECISIONS. Winding-upAssurance CompanyIncorPoration—creditors.—A mutual marine insurance association had been formed in Feb. 1862. The rules of the association provided that the members should severally (not jointly or in partnership), and each in proportion to the amount of his own insurance, insure the ships of the said members for a year certain, and so on from year to year, unless notice to the contrary should be given. That this and the other rules should form part of and be read with the policy. The affairs of the association were to be managed by a committee, and all moneys kept at a. banker's in their names. All sums to be paid by the association to members who should sustain losses, were to be ascertained and settled by the committee, and payment thereof prescribed in a particular manner. In cases of loss the owner of the ship was to remain a member of the association for a period of six months. In case of sale of a ship his liability was to cease from the date of the transfer. The mode of doing business was as follows:—A person desirous of insuring his ship and becoming a member, sent a written application to that effect to the secretary. Upon the application being accepted, he became a member, and executed a power of attorney, empowering the secretary to recover and receive from all persous liable to pay or contribute all sums which were or should become due to the executing parties. The association was never incorporated or registered. An order to wind it up had been pronounced in July 18G5, and a call was proposed to be made by the official liquidator, on a list of contributories settled in chambers: Held, on the summons being adjourned into court—

1. That the propriety of granting the windingup order could not now be called in question.

2. That such order did not vary or alter the relative rights of the parties under their contract. 3. That the liability of each member extended ouly to the payment of such proportions as the rules and regulations prescribed of the various losses occuring during the period of the existence of his policy. 4. That payment to the secretary as prescribed by the rules discharged a member so paying to the extent of the payment. 5. That outside creditors were not creditors of the association, but must look to the individual members who gave the orders to them for satisfaction. 6. That the costs of the winding-up were to be borne by both payers and receivers, under the rules of the association, pro rata, according to the respective amounts of payments or receipts.: (The London Marine Insui ance Corporation, 20 L. T. Rep. N. S. 943. V.C. James.)

Sale Op Shares —custom Of Stock ExChange.—A. sold a certain number of shares in a joiDt-stock company to B., and C purchased of B. a similar number of shares in the same company. These purchases were made subject to the regulations of the Stock Exchange. Upon the name day B. gave to A. the name of C as the ultimate purchaser of the shares which he had brought from A. A. executed a transfer of the shares to C, and delivered the transfer and J share certificates to him. C. retained the I

transfer and certificates, but did not execute the former. Calls having been subsequently made on the shares. A. brought an action against C. for an indemnity in respect thereof. The declaration in the action alleged a contract between A. and C. that, in consideration that A. would sell to C. the shares, and would execute and deliver a transfer of them to C, C. would accept and execute such transfer, and pay for the shares, and indemnify A. against subsequent liabilities in respect thereof: field, upon a traverse of this contract:—Per Kelly, C. B.,and Pigott, B. that the contract was proved, and the plaintiff could recover; Per Channell and Cleasby, BB., the plaintiff could not recover, inasmuch as there was no such contract as that aliened between A. and C.: (Dads v. Haycock, 20 L. T. Rep. N. S. 954. Ex.)

An application was made to the vacation judge in Chancery for the appointment of a provisional liquidator of the Albert Life Office, who3« outstanding policies amount to between 3,UOO,U00i. and 4,000,0001. It is understood (the Times says) that in order to avoid the consequences that would inevitably result from a sudden and unqualified liquidation—bad in all cases, but absolutely ruinous in assurance matters—a scheme will be submitted to tho policy holders, through which, by their consenting to sacrifice some moderate proportion of their policies, the company may be reconstructed on a basis that will leave uo doubt thenceforth of its stability.

MARITIME LAW.

NOTES OF NEW DECISIONS.

FreightApportionment Consideration Rescission Of ContractEvidence.—Toe plaintiffs shipped goods on board the defendants' ship, to be carried and conveyed, as stated by the bill of lading, "via Colon (Aspinwall) and Panama to San Francisco; that is to say, by arrangement between the West India and Pacific Steamship Company (Limited), the Panama Railroad Company, and the Pacific Mail Steamship Company, to be carried to Colon (Aspinwall) by packets of the said West Indian Pacific Steamship Company, from Colon (Aspinwall) to Panama by the Panama Railroad Company, and thence to the port of destination by the Pacific Mail Steamship Company . . . freight anl primage to be considered as earned, ship lost or not lost;" the freight being HI. 5s. per ton, payable in Liverpool. The whole freight at the aforesaid rate was paid to the defendants' a?ent at Liverpool, and the bill of lading was signed bjy him ''for the service from London to Colon (Aspinwall)," and by the agent of the two other companies "for the service from Colon (Aspinwall) to San Francisco." The arrangement entered into between the companies for the division of the freight was set forth in the special case, being Si 5i. to the defendants, 4/. per ton to the Panama Railway Company, and 71. per ton to the Pacific Mail Steamship Company. The ship having sailed from Liverpool, was lost, with all her cargo, before reaching Colon (Aspinwall), and the defendants, after receiving notice of the loss. paid over to the two other companies their proportion of the freight which had been paid by the plaintiffs. The plaintiffs having brought an action against the defendants for the recovery of the proportion of freight paid over to the two other companies, viz., for the carriage of the goods from Colon (Aspinwall) to San Francisco: Held, that the bill of lading, though in form one instrument, contained throe separate contracts, and that the freight which had been paid in one entire sum was apportionable between the three companies; that for that purpose the court might look at the agreement between the three companies which accompanied the case; that the goods having been lost on the first stage of the journey, without default of the plaintiffs, they were entitled to recover back, as upon a failure of consideration, the amount of freight paid over by the defendants to the two other companies, and that the defendants were properly made the defendants in the action: (Greeves v. The II est India and Pacific Steamship Coinpaay, 20 L. T. Rep. N. S. 912. Q.B.)

Admiralty Court Appeal Practice Appeal From County Court.—Sect. 31 of the County Courts Admiralty Act enacts that "no appeal shall be allowed unless the amount decreed or ordered to be due exceeds the sum of 50/." This restriction was held to apply ouly to appeals by defendants: (The Doctor Van Thmen Tetbw, 20 L. T. Bep. N. S. 960. Adm. Court.)

BANKRUPTCY LAW.

NOTES OF NEW DECISIONS. Shabes ix Joist-stock Company—FohfeiTUBK.-B? the deed of settlement of a jointitock banking company, registered under the Act 7 Geo. 4, c. 9G, it was proved that every proprietor of shares in the company should on demand by the board of directors pay any debt oring from him to the company (except calls on ihares for which a distinct provision was made), and that the share or shares of every proprietor who should omit so to do should be liable to be forfeited to the company for the benefit of the other proprietors thereof; and that every proprietor whose share or shares should be so forfeited should be thereupon considered as expelled from the company; but that the forfeiture ihould not discharge the debt due from him to the company. A. was the proprietor of seventyone ahares in the company, with whom he also kept a banking account. In Dec. 1867 his account was overdrawn to the extent o/ 8000/., this sum being partly secured by an equitable deposit of some deeds with the company. On the 25th Nov. the company served him with notice to pay the balance due on or before the 2nd Dec. On the 28th Nov. he filed a declaration of insolvency, and on the 29th Nov. he was adjudicated a bankrupt on the petition of the company. The debt not having been paid, tie directors on the 3rd Dec. passed a resolution of forfeiture of A.'s shares to the company. The company realised their mortgage security, and then sought to prove against A.'s estate for the balance remaining due to them, which was 6284/. The commissioner held that the company could only prove for the balance, after deducting the Tahte of the forfeited shares, and directed the nine of them to be ascertained. On appeal, held that the company were entitled to prove for the whole balance of 6284/. The order made was that the company claiming the shares as absolute owners, and not asserting any lien upon them the proof was to be admitted without prejudice to any right of the assignees to question the forfeiture: (£x parte Rippon, re Andrew, 20 L. T. Hep. N. S. 936. Ch.)

CORRESPONDENCE OF THE PROFESSION.

'CSm -Thij department of the Law Tikes betas onen to *2*J»»TM' « »H professional topic*, tto Edftortano? .e»j»n»io,e for any opinions or (statements contained in it.]

Cocntt CotTBT— Costs.-i shall be obliged by "rot your numerous correspondents giving me tea-opinion on the following points: First, Can J« registrar of a County Court legally allow, on juiuon of costs as between party and party, the i«s ior letter before action; instructions to sno; attendance and entering plaint, including par«TMars and copies, such particulars being signed °T t&e attorney, when tho person entering the P-amt is not an attorney in the action, and when w. in fact, did not enter the plaint or sign the p^racBJars accompanying the summons: (ride schedule0f Costs and Rules Regulating the Pracr-S » 9 County Courts.) Secondly, Can tho "wrar, on taxation of costs, allow any witiSL attendance on trial other than those "wea by the judge i I ask these questions ?*" registrar of a County Court, against TM Protest of myself as the attorney for a de_adant, has allowed the costs of letter, &c, where •person who entered the plaint was not tho «»TMey conducting the cause; as also where the "TJKrar allowed costs for witnesses' attendance, •£'i u? than tho8e allowed by the judge on ^iz ,?gh Protested against by myself), the a£iTr.aUesrTM2' as his authority, that after the JTM,TM"? (and therefore behind the back of Si.TM a conversation with the judge, who ^ted him to allow the costs of attendance of ""»* witnesses previously refused.

4 reACTITIO.VEK IN THE COUNTY COURTS.

Kais's System Op Solicitors' Book-keei>tn t mach admire ti"8 system, but should like

o nave some explanation of the principal's -soimt in the private ledger, for a business solo ''"Pie Column System, 8th edit., p. 54), which I

umrt understand. Is this account intended to 5TM»er to the cash account in the private ledger To a partnership, and thus show from time to TM*the balance of cash in hand? If so, how is

it that the cash paid into the bank for working capital (50!.), is entered in the account? The amount of cash received for the first month is entered 282J. 15s. 6d., and the amount paid 264(. 5s., how can the "balance underdrawn of 3H. 9s. 6d." represent tho cash in hand? The cash in hand must be 18/. 10s. 6<Z. and I therefore should like to know what this sum of 31/. 9». 6d. "balance underdrawn," is intended to represent. A Solicitor.

Final Examination.—In reply to " Studens," I beg to say that he will find "A course of Reading for the Final Examination of the Incorporated Law Society," by Dr. A. K. Rollit, an invaluable guide in his preparation. I and others of my friends have derived from it not only excellent advioe as to the books to read, but also most valuable hints as to the manner of reading generally. I know several gentlemen who have gained prizes, and have attributed their success in a great measure to the information contained in this pamphlet, which may be had, I believe, at the office of the Law Times. E. L. P.

Bristol, Aug. 10,1869.

The Bankruptcy ActsNew Rules.—I observe that new rules are to be framed by the Lord Chancellor and chief judge for regulating the practice. I trust a clean sweep will be made, and that the whole of the existing General Orders and County Court rules will be rescinded, and that the new code of orders and rules will be the only ones to which reference will be required to be made, and that you, Mr. Editor, will keep your eye upon this point. J. R.

Invasion.—Annexed I send copy of a circular letter going the rounds of this neighbourhood. I need scarcely state that it, though bearing the same printed address as this letter, does not in any way emanate from me, or anyone connected with my office, and I shall feel obliged by your giving publicity to this and the annexed copy letter in your next impression. Geo. Eaton. 17, Parliament-street, Hull, 12th Aug. 1869. LawGheat Savin.; Op Time And Expense.

A solicitor, well read in the principles of conveyancing* and having a collection of the most approved precedents and drafts settled by counsel, draws mortgages for the profession at one-fourth the usual charge; and, having proper assistance, can fnlnl instructions for any ordinary draft by return of poet.

Practical suggestions submitted (if desired) without fee.

Names of clients need not be exposed. Pull address required, with instructions, which should particularly mention such matters as mortyuiror being or not being in possession, number of persons on each part, &c.

Fees by post-office order, on receipt of draft, payable by return of post, receipt of which will be acknowledged; or, if desired, arrangements for quarterly payments can be entered into.

The salary of an experienced conveyancing clerk may thus be saved, and dispatch insured; and it is hoped only a cursory revision of drafts will be necessary.

Please address first communication—A. B. G., postoffice, Hull.

17, Parliament-street, Hull.

Effect Of A Retainer.—I beg to Buggest that the questions raised by A., should be referred to the committee of the Saw Grinders' Union, at Sheffield.

A Solicitor Op Forty-five Years'
Standing.

NOTES AND QUERIES ON
POINTS OF PRACTICE.

f N.B.—None are inserted unless the name and address of the writers are sent, not necessarily for publication, but a* a guarantee for bona Jides.~\

67. Adultery.—A man marries and lias children by his wife. He enlists aud goes abroad. His wife hears that he is dead, and marries again in twelve years thereafter. Ten years after that she discovers that he is alive and cohabiting with another woman. An action is brought against him for the maintenance of his wife. He pleads her adultery by way of defence. Can Buch a plea avail, she bona fide believing, and having good reason to believe, that her husband was dead when she contracted the Becond marriage, and ceasing to cohabit with her second (qva*i) husband when she found her bona fide husband was still alive? Cases aiialagous to or bearing on the point are desired. Conjux.

68. Witness In County Court—Costs.—Oblige me by your opinion as to whether an attorney can charge for a witness in a County Court case, although he did not put him in the (box, consequently plaintiff could not cross-examine him. A similar case was brought before one of the judges some years ago, aud the expenses were disallowed because the witness was not of any use; the judge ruling that before a witness's expenses can be allowed he must be examined and cross-examined, if thought necessary, by one or both parties; otherwise, the judge said, a bill of costs may be run up to any amount at the caprice of the attornoy having charge of the case. I believe there has been no alteration of late years. A Sufferer

69. County Court—Friendly Society—Can proceed* rags be taken in the County Court against A. B., the treasurer of an unenrolled friendly society, on his note of hand made payable to the trustees for the time being of the friendly society, for money in his hands at the time the note of hand was given; aud by whom should the proceedings be taken—the present trustees or the trustees at the time the note was given r The amount is under 501. W. E.

70. Mortgage—Foreclosure.—A. executes a mortgage of property to B., in consideration of 1831. paid by B. for A., but subject to a proviso for redemption on payment of 2u(M. Can B. foreclose for the 2001., or can A. redeem the property on paying the 1831.?

Alfred Wallett Deacon.

71. Judgment-debtor In The County Court.—Can a judgment-debtor, against whom au order of commitment has been made by a County Court judge, and who subsequently mokes a deed of composition which is registered, be takeu under the previous order, or is he protected from arrest by tho registrar's certificate? I think I observed a recent decision that his arrest was justifiable, but cannot find it. Any reference will oblige. A. C. S.

72. Articled Clerks.—For what length of time (during his articles), can a clerk be absent abroad, with leave from his principal, without forfeiting his articles of apprenticeship ?) B.

73. Beerhouse Act—Time For Notices.—If justices adjourn the annual licensing meeting for twenty-two days, can beersellers who have omitted to give proper notice for the annual licensing meeting give a sufficient notice for the adjourned meeting? Or must the notices acted on "at any adjournment" have been given in time for the original meeting? M. C.

74. Copyholds—Lease Of.—A., without a licence from the lord of the manor, demised and leased certain hereditaments to B., to hold unto B., his executors, administrator*, and assigns, from the 29th Sept. then next for the term of three years, and at the expiration of such term of three years, for the further term of three years, and at the expiration of such further term of three years, for the further term of one year, and fully to be complete and ended if the custom or customs of the manor under which the said hereditaments are holden will admit of the same without prejudice thereto, or forfeiture thereof, but not otherwise. B. has been in possession five years. Is the lease valid, or does it work a forfeiture of the estate to the lord of the manor on account of its having been granted without a licence.

U. V.

^nsfarrs.

(Q. 66.) Intestate.—In the case put by "X, Z.,M an assignment to the sister from her brother, the administrator, will be necessary, in order to complete her title to her moiety of the leaseholds under the Statute of Distributions ; for, until his assent in this mauner, she can have no power over the property. The form of assignment would be very simple. It would merely recite the ownership of the deceased, his death and intestacy, the grant of letters of administration, and then the administrator, assigns, and covenants that he has not incumbered. W. P.

LAW SOCIETIES.

INCORPORATED LAW SOCIETY.
Annual Report Op The Council.

(Continued from page 292.)
The Bankruptcy Bill 1869.

Tho most important Bill before Parliament during the present session, so far as the administration of the law is concerned, has been the Bill to Consolidate and Amend the Laws of Bankruptcy, brought in by the Attorney-General and Solicitor-General. This Bill, the general purport of which was to abolish officialism, and to take the administration of bankrupts* estates, to a great extent, out of the control of tho court, and to place it in tho hands of the creditors themselves, as originally framed, was open to tho most grave objections, owing no doubt in a great measure to the fact that it had evidently been drawn by a gentleman unacquainted with the practical working of bankruptcy law.

The council, at an early stage of this Bill, put themselves in communication with the AttorneyGeneral, who received, with a readiness and attention which the council fool bound to acknowledge, all their suggestions, and the result was that before the Bill was committed, a considerable number of important amendments had been made in accordance with the views of the council, although the Bill still contained numerous provisions which appeared to be very objectionable. It was, howovor, not deemed necessary or desirable on this occasion to present a petition to the House on the subject, aa the council had the advantage of the valuable assistance in the house of one of their number—Mr. G. B. Gregory—who ably urged their views in committeo on the Bill, and was instrumental in carrying some very important amendments.

As tho Bill has yet to pass through the House of Lords, tho council do not consider it desirable here to enter into any details as to tho provisions of the Bill in its present form, further than to state that they believe that the proposed transfer of the jurisdiction, in bankruptcy, in the provinces from the district courts to the County -Courts, is a mistaken measure; but as the Government entertained very strong views upon this subject, and as those views were shared by so many members of Parliament taking an active part in commercial questions, the council were satisfied that any opposition to this part of the Bill would have been useless.

County Courts Proceedings Bill.

A Bill was introduced into the House of Commons in the early part of this Session by Mr. Norwood, Mr. Akroyd, and Mr. Mnndella, to " further facilitate proceedings in the County Courts," the principal objects of the Bill being to enable plaintiffs to sue in their own districts without the necessity of obtaining leave from the registrar; to extend the operation of the Bills of Exchange Act, and the provisions as to judgment by default: also to make the consent of the plaintiff necessary to authorise the judge to extend the time for payment. But the Bill contained the vice of restricting the provision as to plaintiffs suing in their own districts to cases only of plaints for goods sold •• to be dealt with by defendant in the way of his trade."

The council would have taken the opportunity of this Bill being beforo the House to have presented a petition on the subject of the concurrent jurisdiction of the Superior Courts, had they seen any probability of such a step being attended with any useful result, but tho council were satisfied that in the present state of opinion in the House of Commons on the subject of the County Courts, any such petition would not have received attention, and they therefore confined thoir attention to endeavouring, as far as practicable, to improve the practice of the County Courts, and to remove the evils that now exist. For this purpose they proposed to introduce into the Bill, amendments for extending its operation to all claims, and to increase the scale of costs in cases under the intended Act. With this view the council communicated with Mr. Norwood, who expressed his willingness to adopt the views of the council; but on the 28th May the order for resuming tho adjourned debate was discharged, and the Bill withdrawn; the House expressing an unwillingness to entertain any measures affecting the procedure of the courts pending tho publication of the report of the Judicature Commission.

Admiralty Jurisdiction (County Courts) Bill.

A Bill, under the title of the Admiralty Jurisdiction (County Courts) Bill, wos brought into the House of Commons this Session by Mr. Norwood, Mr. Headlam, and Mr. Candlish. This Bill, although by its title it purported only to affect admiralty jurisdiction, in fact proposed to transfer from the Superior Courts to the County Courts, having admiralty jurisdiction, all claims not exceeding 300!., arising on charter-parties, bills of lading, or other contracts respecting the use or hire of ships, or in respect of freight, demurrage, average, short delivery, or damage to cargo; and generally any claim "relating to any ship or the goods carried therein, except insurance."

The result of this Bill would have been to hand over to the County Courts the most important and best class of business that at present occupies the attention of the common law courts; business of a character which, at present, tho County Courts are quite incapable of dealing with satisfactorily; while it would leave the time of the common law judges to be occupied only with the most inferior kind of litigation.

The council considered this measure to be open to the most serious objections, and accordingly three of their number waited on Mr. Norwood, and explained to him their objections to the Bill, in the hope that ho and his colleagues might bo induced to withdraw it. They did not. however, find that gentleman disposed to change his own views respecting the Bill, and tho council therefore determined to present a petition against it; but any further action on tho part of the council became unnecessary, as, for tho same reasons as those which led to the withdrawal of the County Courts Proceedings Bill, the second reading of this Bill was adjourned, and ultimately the Bill was withdrawn.

Lectures and Classes.

In November last the lecturers and readers appointed in 1867 entered upon a second course of their lectures and classes.

The number of subscribers to the lectures was 171, and to tho classes 63, being, in the aggregate, rather in excess of last year.

The names of tho lecturers and readers are as follows :—Mr. T. LI. Murray Browne, of Lincoln's Inn—Conveyancing and the Law of Eeal Property ; Sir George Young, Bart., of Lincoln's Inn —Equity; Mr. C. H. Anderson, of the Temple— Common Law and Mercantile Law.

The Preliminary, Intermediate, andFinal

Examinations.

The number of candidates who have presented

themselves at these examinations during the past

year has been unusually large; so much so that

the proposed new hall is rendered more than ever necessary, as the appropriation, not only of the existing hall, but other rooms in the society's building, is attended with the greatest inconvenience.

It is a source of much gratification to find that this branch of the Profession is so steadily advancing; and the council think that, to the establishment of an examination in general knowledge before articlos of clerkship, may be ascribed the improvement in the moral tone of the candidates for admission to the ranks of the Profession, which is the best safeguard against any abuse of that confidence which so frequently places the property, and even the honour of a client, in tho hands of his professional adviser.

The result of the several examinations is as follows:—

Preliminary Examination.—In July 1868, 114 candidates passed, and 32 were postponed; in October, 151 passed, and 43 were postponed; in Feb. 1869,163 passed, and 56 were postponed; and in May last, 187 passed, and 51 were postponed.

Intermediate Examintion.—In Michaelmas Term 1868,144 candidates passed, and 9 were postponed in Hilary Term, 1869, 92 passed, and 11 were postponed; in Eastor Term, 1869, 169 passed, and 16 were postponed; and in Trinity Term last, 145 passed, and 15 wore postponed.

Final Examination. — In Michaelmas Term, 1868, 86 candidates passed, and 27 were postponed; in Hilary Term, 1869, 102 passed, and 11 were postponed; in Easter Term, 1869, 64 passed, and 17 were postponed; and in Trinity Term last, 149 passed, and 29 were postponed.

Prizes.—The appondix to this report contains a list of all the candidates who have obtained prizes, certificates of merit, or other honorary distinction, (a)

Usages of the Profession.

During the past year, questions relating to the following subjects have been referred to the council, upon which they have given their opinion —viz., costs under special conditions; procuration fee on a mortgage transaction; costs of perusing and obtaining execution of a deed of appointment of new trustees under special circumstances; costs of lease and counterpart; costs on surrender of old and grant of a new lease; as to receipt by relator's solicitor for costs, boing a discharge to the defendants, in a suit in which the AttorneyGeneral is informant; responsibility of parties to a lease with reference to a penalty incurred in consequenco of the insufficiency of the stamp. Matters relating to Attorneys.

The attention of the council has been directed to numerous cases affecting the character of attorneys and solicitors, some of which the council were compelled, in the interest of the public and the Profession, to bring to the notice of the court.

The names of three solicitors have been removed from the roll, and two have been suspended from practising for a time. In two other instances, rules nisi have been obtained, and they are enlarged to next term.

The council have felt it their duty to oppose three applications for restoration to the roll, two of which have been refused, and the third is adjourned for further hearing.

It has also been necessary to oppose several applications for the renewal of attorneys' certificates, which have been allowed to expire. In one case a substantial fine was imposed, in addition to the payment of all arrears of duty. In other instances, orders were made on the payment of the arrears of duty, and a small fine. Affairs of the Society.

The members will recollect that, at a special meeting of the society, held on the 4th Feb. last, some amended plans of the alterations in and additions to the society's building were submitted for their consideration; and the council stated that, inasmuch as these plans had created a considerable addition to the estimate originally given, tho snm of 16,000!., which they were authorised to borrow, was then considered to be insufficient.

A resolution was accordingly passed, authorising the council to obtain an advance of a sum not exceeding 25,0001. for the purposes of the new works.

The council have since accepted the tender of Messrs. G. Trollope and Sons; and they aro glad to bo able to state that the tender fell so far short of the estimate, that it will not be necessary, at least for the present, that the society should borrow more than 15,000!.

The alterations and additions now in progress ore, mainly, as follows :—

The opening of a large area, immediately adjoining the north side of the great hall, with a view of ventilating the entire building; an improvement which is at present very much required.

The enlargement of the present entrance in Bell Yard.

The erection of a large hall on first floor of the new building, for the purposes of the examina

(ii) This appendix will be sent to the members very shortly.

tions, with a separate entrance, and lavatories for the use of the students. The size and position of this hall, besides providing for a very pressing want, will leave the existing hall free at all times for the use of the members, the appropriation of which, at the time of the examinations, has been the cause of great inconvenience to the members of the society.

The alterations will also embrace a variety of improvements in the premises occupied by the club, and a new set of strong rooms in the basement.

The new catalogue is now printed, and each member may obtain, without charge, a copy, on application to the librarian, who is instructed to require a receipt for it.

The council have received a communication from Mr. B. F. Watson on tho subject of deficiencies in the collection of the Private Acts, in consequence of which a list has been forwarded to Mr. Watson, who has kindly offered his aid in procuring such as are wanting. A collection of these Acts is in the possession of the Earl of Lichfield, as Castas Eotulorum of the County of Stafford: Mrs. Salt, the widow of the late Wm. Salt, Esq., having presented to that county a very valuable collection of books and manuscripts, including Private Acts of Parliament.

Mr. C. H. Collettc, of 23, Lincoln's-inn-fields. has been authorised by the widow of a brother of the late Mr. Mendham, to offer for the acceptance of the society a large and valuable collection of tracts and works of the Fathers on the Roman controversy, comprising about 1000 volumes. The council accepted this very handsome donation, which is, at the request of Mrs. Mendham, to be called "The Mendham Collection."

471 volumes have been added to the library by donations and purchases since the last general meeting.

Donations of books have also been received from the following gentlemen :—Messrs. Bower and Cotton; E. F. Burton, Esq.; C. M. Clode, Esq.; J. M. Davenport, Esq. (2) : S. E. Donne. Esq. (3i; Messrs. Few and Co.; W. Flux, Esq.; B. A. Heywood, Esq. (2) ; Inner Temple; W. A. Oliver, Esq.; C. Robinson, Esq., U.S.; A. Scratchley, Esq.; C. Tracey, Esq., New York; War Secretary, per Sir Henry James; Robt. Wilson, Esq.

Prints of some of the local and personal, and private Acts of Parliament passed in the session 1868 have been presented by the Parliamentary agents, and the residue have been purchased.

The Colonial Office and India Board have continued to supply prints of the Acts passed in tie colonies and Indian Presidencies.

The council announce, with regret, three vacancies on their board, one occasioned by the death of Mr. Ralph Barnes, of Exeter, and two others by the retirement of Mr. Edward Leigh Pemberton and Mr James Lemon.

Mr. Ralph Barnes was one of the first members of the society, practising in the country, represented on this council; and, having regard to the high position he occupied in the Profession, and his great intellectual attainments, his loss is deeply felt.

Mr. Pemberton and Mr. Leman have both been members of the council for many years, and have takon upon themselves their full shore of the duties which attach to the office, not only of a member of the council, but the more arduous one of president. Nothing but the increasing pressure of the business thrown upon the council would have induced them to occopt the resignation o> these two gentlemon, who both felt that their absence from the board was the cause of much incovenience to their colleagues.

The auditor's report has been open for the inspoction of the members since the 15th April la*t

There are now 2232 members of the society; 1634 residing in town, and 598 in the country.

PROMOTIONS & APPOINTMENTS

Mr. Charles Wood, of Runcorn, Cheshire, has been appointed a Commissioner to administer oaths in Chancery in England, and a Commissioner to administer oaths in the Courts of Queens Bench, Common Pleas, and Exchequer.

Mr. Charles Edward Challinor, of Hanley, in the county of Stafford, solicitor, has been appointed by the Lord Chancellor a Commissioner to administer Oaths in Chancery in England; and by the Lord Chief Justice of the Conrtof Common Pleas, a Perpetual Commissioner for taking the Acknowledgments of Deeds by Married Women.

LEGAL NEWS.

The Esmonde will case has at last been brought to o termination. Dr. Boll summed up for the defendants, abandoning the charges of undue influence and fraud. Mr. Macdonogh replied i<* the plaintiffs. Judge Lawson charged the jury,

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