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of the Act, and if not, was there any refusal to sell under the statute; ('2) whether, no ‘second tender having been made by the constable Duncan for the half-pound of coffee in accordance with section 17, there was any refusal to sell under the statute; (3) whether, in the absence and ignorance of the appellant, there was any refusal to sell on his part; and (4) whether the manager, having acted without authority and expressly disobeyed the orders of the appellant, there was a refusal to sell on behalf of the appellant? The Sale of Food and Dr_ngs Act, 1875, provides—section 13: “Any medical oiiicer of health, mspector of nuisances, or inspector of weights and measures, . . . or any police constable under the direction and at the cost of the local authority appointing such oflicer, inspector, or constable, or charged with the execution of this Act, may purchase any sample of food or drugs" for the purpose of analysis, and section 17 : “If any such officer, inspector, or constable as above described shall apply,t0 purchase any article of food or any drug exposed to sale . . . in any shop or stores, and shall tender the price for the quantity which he shall require for the apurpose of analysis . . . and the person exposing the same for s e shall refuse to sell the same to such officer, inspector, or constable, such person shall be liable to a penalty not exceeding ten pounds.”

Tris Covar (Wnrcnr and DARLING, JJ.), dismissed the appeal without calling on counsel for the respondent.

Wmcrir, J .—With regard to the first question, we must take it that the police-constable was acting under the general authority of the respondent, and, if so, the case comes within section 13. Although he was not himself an authorized official he was acting under the authority of one who was. As to the second question, there was clearly a refusal to sell, and the fact of no second tender having been made is immaterial. \Vith regard to the other questions a more serious question is raised, llow far the owner of a shop is liable for the act of his manager? An employer is liable for the act of his servant in such a case as this, upon the well-known principle that where the gist of the offence is not in reality criminal then the master may be held liable. It seems to me that these Food Adulterntion Acts could not be worked if persons who keep shops were not to be hold liable for acts done by their servants in carrying on the ordinary course of the business. I think, therefore, this appeal ought to be dismissed.

Dannrrze, J., concurred.—Cou1vsrr., Jordan; Clay. Soucrrons, T. S. iflprostzm, Newcastle-under-Lyme; Ridadale Q Son, for F. C. Hulton,


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' This was an action brought by the plaintiff as trustee in the administration of the estate of A. A. H. Cronmire, deceased, to recover the amount of a cheque drawn by the defendant in favour of Cronmire and stopped by him after Cronmire’s death, and after the order for the administration of his estate in bankruptcy. The defendant contended that he had a claim a ainst Cronmire which arose after the latter's death, and that he was entitid to set off this claim against the amount claimed by the plaintiff. The facts and arguments are set forth in the judgment.

Wnrcnr, J .—Cronmire on the 14th of April, 1897, had a speculative account open with his stockbroker which might result, on the next account day, in a profit or a loss. It has not been argued that it was a gaming account, and I must allow it to have been genuine. \Vanting money upon the 1-lth of April, he gave orders to his stockbroker to sell some securities for cash, and upon the 15th of April he received the proceeds in the form of a cheque for the amount produced by the sale, less the amount of the balance due from him on the last account This cheque he put into his safe meaning to cash it upon the next day, but upon the next day he died. Upon the 24th of April an order under section 125 of the Bankruptcy Act, 1883, was made for the administration of his estate in bankruptcy, and the trustee appointed under that order immediately presented the cheque, but payment thereof was refused by the st/ockbroker’s bankers by the direction of their customer. Upon the 28th of April a further balance became due from Cronmire to his stockbroker in respect of the speculative account mentioned above; and the question which I now have to decide is whether the stockbroker is entitled to set off that balance against the debt in respect of which the cheque was given. The stockbroker contended that he was entitled to set ofi his claim under section 38 of the Bankruptcy Act, 1883. The trustee, on the other hand, raised two contentions—firstiy, that according to the doctrine of administration (Rees v. Watts, ll Exch. 410; Nowell v. The National I’rot'im:ial Bank, 21 W. 11.11-58,1 C. P. D. 496; Re Grtglon, 36 Ch. D. 223), a debt not payable by the deceased in his lifetime cannot be set off against a debt which did become payable to him in his lifetime ; secondly, it was contended that the events of the 14th of April put an end to any mutuality as between matters before and matters after that date, and amounted to a settlement on the 14th of April upon the terms that the cheque and the money represented thereby belonged thenceforth to Cronmire, and, therefore, now belong to his administrator, discharged from any set off for future liabilities. As to the first contention, I cannot find the doctrine in the authorities cited recognized in, or applicable to, bankruptcy in cases where, as here, the claims on either side result from contractual dealings between debtor and creditor. It seems to me that


the position is just the same as if Cronmire had not died at all, but had merely become bankrupt upon the 24th of April. As to the second point, I say that, in order to prevent set-off, there must be a binding agreement between the parties that there shall be no set-off. If Cronmire had lived and the broker had proved in his bankruptcy for his claim the trustee could have set off the dishonoured cheque, and that seems to involve the conclusion that the set-off is operative in favour of either party. Judgment for defendant.—Couxssi., Robson, Q.C., and Ii. J. Willis," H. Real, Q.C., and Edward Clayton. Somcrroas, H. II. Booms; W ard, Perks, §- McKay. [Reported by P. M. FBAICKB, Barrister-at-law.)

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The seventeenth annual meeting of this society was held at the Town Hall, Chester, on Friday, the 18th of February, 1898. Mr. H. J . Birch, president, in the chair.

The prize for articlcd clerks, founded by Mr. J uhn Allington Hughes, when president of the society in 1891-'2, was presented by the presidentto Mr. Thomas John Davies, of Pwllheli, North Wales, who served his articles with Mr. Richard Roberts, of Pwllheli, and who was placed in the second c'ass at the Honours Examination held in June, 1897.

The report of the committee and the treasurer's accounts for the pastyear were received and adopted.

The following officers of the society were unanimously elected for theensuing year : Mr. R. S. Chamberlain, of Llandudno, elected president; Mr. F. E. Roberts, of Chester, elected vice-president ; Mr. F. B. Mason, of Chester, elected hon. treasurer; and Mr. R. Farmer, of Chester, reelected hon. secretary.

The following gentlemen are the committee for the year : Messrs. W. D. Jolliffe, E. S. Giles, D. Dohie, and H. J. Birch, all of Chester; F. Cooke, of Crewe; Jas. Porter, of Conway; T. Bury, of ivrexham; Guy Francis, of Denbigh ; and F. J . Gamlin, of Rhyl.

Messrs. F. W. Sharpe and 0. P. Douglas, both of Chester, were reelected auditors.

The annual dinner was held at the Queen Hotel, Chester, after which Mr. Brnca said, on behalf of the members of the society, that all had felt for a long time that they were so greatly indebted to Mr. Farmer, who had been their hon. secretary for eleven years, that they would like to testify their great appreciation of his valuable services. The proposal to make a presentation had been most heartily responded to by seventy-five members of the society, and he now asked Mr. Farmer to accept the accompanying present as a mark of their sincere regard, with his and the society's best wishes for a long and happy life.

Mr. FAIIMBR, in reply, said he felt very much the kind remarks of Mr. Birch which had been re-echoed by all present. He thanked them for ghebiialuable present and assured all that he should always prize it most

1 y.

The presentation consisted of a gun specially made to order and a handsome silver bowl upon which was the following inscription: “ Presented (with a gun) by seventy-five members of the Chester and North Wales Incorporated Law Society to Richard Farmer, Esq. , in recognition of his long and able services as secretary to the society.”


The following are extracts from the report of the committee :

Memlm':.—The society now numbers 144 members. For the first time for many years past there has been a decrease in the number of members. It is thought that there are still a good many solicitors in the district who ought to join the society, and the committee invite the attention of members to the subject. s

County Court Rules (March), 1B97.—Strong protests against certain of these rules were made by the Incorporated Law Society (U.K.) and the Associated Provincial Law Societies. The rules were withdrawn, and draft substituted rules were issued in May last. In November last your committee, at the invitation of the Incorporated Lsw Society (U.K.). formulated detailed objections to the draft rules, to be laid before the County Court Committtee of that society. The thanks of the committee are due to Mr. F. B. Mason for his assistance on this subject.

House Agm!s.—The committee call attention to the statement in the last annual report of the Incorporated Law Society (U.K.). that communications have passed between the council of that society and the Commissioners of Inland Revenue upon the subject of a firm of house agents filling up a printed form of an agreement for lease under seal, with the result that the commissioners state that they will in future regard the filling up of a form such as that in question as a contravention of section 4»! of the Stomp Act, 1891. Should any such case come under the notice of any member he should bring it before the committee.

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Birmingham last year, when, as we are sure all our members will agree, he so well represented our society and upheld its dignity. Mr. T. H. Russell was unanimously elected to be president in Mr. God1ee’s place, and Mr. A H. Coley was similarly chosen to fill the post of vice-president vacated by Mr. Russell. lu March, 1897, Mr. T. H. Russell resigned the oilice of honorary secretary and treasurer, which he had so worthily and energetically occupied for the past eight years, and Mr. \'Va1ter Barrow was elected in his stead. The society are under a heavy obligation to Mr. Russell for his indefatigable efforts, when honorary secretary, to promote the interests of its members, and it is a matter for congratulation that he now presides over its affairs.

.1{embm.—Since the last annual meeting twelve new members have been elected, three have ceased to be members, and two have died; the number now on the register is 330; seventeen barristers have during the year subscribed for the privilege of using the library. _

Law—Thc numbers attending these classes again show a considerable increase, the attendance of the senior class being much larger than in any previous year. In all, fifty-eight students joined the classes in the course of the year. It is satisfactory to see that the efforts of our very excellent reader, Mr. Pearson, are being thus appreciated. Mr. Pearson especially wishes to warn students against putting off reading for their final until the last few months, as it is to be borne in mind that a very wide range of subjects are now included in this examination, for which the intermediate can hardly be called a preparation. Your committee have reappointed Mr. Pearson as reader for the ensuing session, and they have also received an intimation from the Council of the Incorporated Law Society, U.K., that the annual grant of £100 hitherto made to the Law Lecture Fund by the Council will be continued for 1898. The following table shows the number of students who joined during the past year, and their average attendance :

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County Court Rm'u.—In March of last year some new County Court Rules were introduced, the effect of which was, in the opinion of your committee, to impose a needless and vexatious burden upon plaintiffs who desired to sue persons residing out of the jurisdiction of their own county court. This society, as well as many of the other law societies, memorialized the Lord Chancellor on the subject, and, in the end, the new rules objected to were withdrawn.

Address to the Lord Hayor.—Mr. Councillor C. G. Beale, avalued member of our society, having received the honour of election as Lord Mayor of Birmingham in November last, your committee decided to present to him an address of congratulation. The ceremony took place in the council chamber, on Wednesday, the 15th of December, in the presence of upwards of a hundred of our members. The address (suitably illuminated and bound) was presented by the president, Mr. T. H. Russell (who, as well as Mr. Alderman Johnson, made a short speech), and was warmly acknowledged by the Lord Mayor.

Land Transfer Act.-After being introduced into several sessions of Parliament, this Bill has at last in the course of the past year become an Act, and came into force on the 1st of January last. The first part of the Act makes the personal representatives of a deceased person, to be also his real representatives, and enacts that real estate shall vest in them in the same way as leaseholds. Generally speaking, the effect of this part of the Act is to place the devolution of the legal estate in realty on almost exactly the same footing as that in chattels real; but the devolution of the beneficial interest is not afiected, except that the assent of the real representative is required to a devise of realty, as that of the personal representative is to-a bequest of leaseholds. Apparently, however, in the case of an intestacy, an express conveyance (and not a mere assent) will be necessary from the real representative to the heir. The real representative may sell realty in the course of administering the estate, but the order of liability of real and personal estate to the payment of debts and legacies remains unchanged. The main object of the Act, however, is to amend the provisions of the Land Transfer Act of 1875, by compelling the owners of land to register their titles in a public registry. This has, of course, been the crux of all the Land Transfer Bills previously introduced. A number of modifications proposed in the Bill by the Incorporated Law Society, U.K., having been accepted by the Lord Chancellor, and on the understanding that the operation of the compulsory powers was to be restricted to some comparatively small area, and then only if the county council of the area in question did not object, that society and the associated provincial law societies determined to withdraw further opposition. The Yorkshire law societies, who feared that some portion of their county would be selected as the first part of England in which the Act might be tried, were not satisfied with the position, and as a result of their opposition and negotiations the Bill was still further modified so as to ensure a fuller trial of the scheme before its operation is extended. As the Act stands, the first area in which the compulsory powers are to be put in force is to be fixed by an Order in Council, and it has been proposed to apply the Act to the county of London. A two-thirds majority of the county council may, however, prevent the Order in Council from coming into force, and no order is to he made for three years after the

first. The London County Council have requested the opinion of the vestries and other public bodies as to the advisability of trying the Act within the metropolitan area. Several of the leading vestries have reported adversely to the experiment being made in London. Tho pro


fession will watch with interest the trial of the measure, wherever it may take place. It is at any rate satisfactory that, owing to the efiorts of the law societies, the Act is to be tentative and experimental only, and that there will thus be am le opportunity for the public at large, who have hitherto shewn but mil interest in the matter, to see from an example in their midst whether or no the scheme will produce the advantageous results they have been led to expect.

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The sixty-first annual meeting of the Legal and General Life Assurance Society was held on Tuesday at the society’s house, 10, Fleet-street, Mr. Wrtnuur Wrntums presiding.

The report stated that during the past year new assurances had been effected with the society under 586 policies for the sum of £1,135,793 15s. The new premiums thereon had amounted to £52,217 16s. 31., of which £6,945 12s. 9d. was paid away for the re-assurance with other olfices of £253,450, leaving £45,272 3s. 6d. as the new premiums on £882,313 151., the net risks retained by the society. In addition to these new premiums the society had also received the sum of £421 18s. 3d. in respect of assurances payable only in the event of death from fatal accident. The total net premium income amounted to £269,300 41. 8d., being an increase of £12,445 11s. 3d. upon that of 1896. The total net claims amouu’cd to £202,624 12s. 3d., caused by 100 deaths, and two endowment policies matured, as against £174,554 14s. in 1896, caused by 104 deaths, and one endowment policy matured. The first-mentioned sum included. £29,547 3s. paid as bonus additions, and in oases in which bonuses had not been previously surrendered for cash or reduction of premium, the additions srnoimted to the large average increase of 51 per cent. The total number of ordinary policies in force at the end of the year was 6,252, assuring with bonus additions £1l,699,209. The total assets of the society, increased during the year by the sum of £143,766 6;. 11d., amounted on the 31st of December to £3,385,598 Os. 7d., and, productive and unproductive, yielded an average rate of £4 ls. 10d. per cent. These assets included £2,168,203 Os. 2d. invested on mortgages of real and personal property. Of these mortgages only £24,817 10s. 6d. remained upon mortgage of property in Ireland, and it was anticipated that this sum would be repaid in a short time. The other mortgages which were on property in England or Wales [had been recently investigated by the directors, and the result of such investigation was satisfactory.

ll[r. E. Cor.o.unoun (actuary and manager) having read the notice couvening the meeting,

The CHAIRMAN moved the adoption of the report and balance-sheet. He said there were very few present, but he supposed that was really in consequence of the very satisfactory report which had been sent to every shareholder. It was his duty to submit the report for the year 1897, and it might, perhaps, be interesting if he made a few observations with respect to it. It would be seen that the new annual premiums for last year had amounted to no less than £45,272 3s. 6d., which was the largest sum the society had ever received for new premiums since its institution more than sixty years ago, and this notwithstanding the fact that last year was generally supposed to be a holiday year. People were making holiday, but the society really did a great deal more than during the year before, and the year before that. As far as the last five years were concerned the net annual premiums had been increasing from £32,000 in 1892 to £33,000 in 1894, and upwards of £43,000 in 1895. In 1896 they dropped to £40,000, but last year had brought them up again to £45,272. The society’s assets had increased also by £143,776 6s. 1ld., and its assets, which were all well secured, now amounted to £3,385,598 0s. 7d., and of that sum but £24,817 10:. 6d. now remained due upon the only Irish mortgage the society possessed; and that was in the courseof being liquidated. The estates had been sold, and it was expected thatin the course of a very few months the whole of that £24,000 would ha paid. The premium income amounted to £269,300, a larger sum than the society had ever received before. The claims had amounted only to £202,624 12s. 3d.,and, as they would see, the premium income was. between £60,000 and £70,000 more than sufficient to meet the claims.. The increase of the total premiums over 1896 was £12,445l1s. 3d. It. might, perhaps, be interesting to the members present to be tald that; thirty years ago—ths.t was to say, at the end of 1867, the net aunusll premiums amounted only to £14,840 14s. 7d. From that time until 1888 they fluctuated, never amounting to £14,000 again, but going to £11,000 and £8,000, to which sum they dropped in 1886. But in that year the society fortunately secured the services of their excellent manager, Mr. Colquhoun, and from that time the premiums had steadily increased until the society had actually received net premiums amounting to £15,000 during the past year. Tho assets had in the meantime increased in the same proportion. In the year 1867, thirty years ago, the total assets of the society amounted only to £1,479,476. They now amounted to £3,385,598, or very nearly £2,000,000 in excess of what they were thirty years ago. The premium income had increased in the same proportion. In 1867 the total premiums were only £129,211 9s. 6d. They had now increased to more than double that sum, being £269,300. The total annual income of tho society from its investments was at the present moment £109,100 8s. 8d. As would be seen from the accounts, the directors had thought it right for the first time to credit the actual sum which previously had been credited to the reversionary purchases amounting to £11,006 18s. 6d_ In the previous accounts, as would be found from the accounts for the previous year, the income from the investments was stated to be £116,255 Os. 1ld., but that sum included the sum which the directors always anticipated would be received when the reversions which the society had purchased came into possession; but the directors had thought it right for the purposes of the present account to distinguish that from the actual amount received from the society’s


investments ; and that was the reason the sum credit/ed for actual income received amounted to £109,100. Then there was £11,000, and that was for the suin credited to reversions, making, therefore, the £120,107 7s. 2d. as against £116,285 last year, being an increase of more than £3,000 a year. The society could not expect, he was afraid, to continue to make its investments as profitable as in former years. They all knew that the rate of interest was greatly reduced, and during the last year the average rate of interest received by the society was £4 ls. 10d. per cent. It was very gratifying to be able to inform the shareholders that the ratio of expenses to premium income had been considerably reduced, and whereas in 1893 it was 12'5 it had now gone down to 1l'2. That was a very satisfactory reduction. In concluding he observed that if any shareholder wished to make any observation or ask any questions he should be glad, with the assistance of Mr. Colquhoun, to answer them.

Mr. R. PBNNINGTON seconded the motion.

The CHAIRMAN remarked that it was satisfactory to find there was no discontented shareholder in the room.

The report was adopted.

The CHAIRMAN said he had to announce that during the past year the society had had the misfortune to lose two of its directors, the late Mr. Jas. Curtis Leman and Mr. Chas. Harrison, both of whom were very well known in the profession. During the same year their most excellent solicitor, Mr. Nathaniel Tertius Lawrence, had resigned his oflice as solicitor, and was thereupon elected a director. He had been long connected with the society and was a valued supporter, and the board were glad to welcome him. He was elected to supply the place of Mr. Leman, and he now offered himself for re-election. The other directors who retired in the ordinary course were Mr. F. P. Morrell, Mr. C. R. Williams, himself, Mr. G. E. Frere, Sir James Parker Deane, and Mr. E. H. Ellis-Danvers, and they offered themselves for re-election.

The retiring directors having been re-elected,

The CHAIRMAN said the retiring auditors were Mr. Kenyon C. S. Parker and Mr. J . S. Follett.

These gentlemen were also re-elected.

On the motion of the CHAIRMAN the usual remuneration of £300 was voted to the auditors.

Mr. W. E. CAPRON moved a vote of thanks to] the chairman and directors, which was carried.

The CI-rA1RIAN,i11 returning thanks, said he would have been glad it some one of the shareholders had moved a vote of thanks to the society’s excellent manager, and to the staff to whore services its success was greatly indebted. As that had not been done he had very great pleasure in moving it, and he thought that all the directors would very gladly join in thanking Mr. Colquhoun and the general staff, from whom they had received the greatest possible assistance and to whom they were very greatly indebted for the success of the society. He moved “That the thanks of the society be tendered to Mr. Colquhoun and the rest of the staflf for the services they had rendered to the society during the past year.” He was sure ‘_the jmotion would be carried unanimously.

The motion having been adopted,

Mr. Oonounocx extpressed his gratification at the vote, and assured the meeting that the sta would endeavour to continue to deserve their approbation. Referring to the report, he said that he thought the only point to which the chairman had not alluded was the fact that people usually expected to see a considerable falling oif the first year after a quinquennium. Fortunately the society had escaped that, and there had been a considerable increase of business.

The proceedings then terminated.

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The annual dinner of this society was held on Monday, February 28, at the Inns of Court Hotel. Mr. Justice Darling presided, and there was a good attendance of members and their friends. The toasts were “The Queen," proposed by the chairman; “The United Law Society,” proposed by the chairman, to which Mr. C. W. Williams (chairman of the society) responded; “ The Visitors,” proposed by Mr. George Elliott, and responded _to by Mr. R. A. Germaine ; and the chairman responded to the toaptt <3! his own health, proposed by Mr. C. H. Kirby (secretary cf the soc e y .

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A Dublin correspondent of tho Daily News says: The Right Hon. Samuel Walker, who has Just gone on the Connaught Circuit as Commissio_ner of Assize, supplies the first instance in legal history of that ofilce being filled by an ex-Lord Chancellor. Mr. Walker, who was Lord Chancellor of Ireland in the late Administration, from 1892 till 1895, accepted, on his resignation of the Great Seal of Ireland, the honorary %O8li1OIi of an “additional” lord justice in the Irish Court of Appeal.

nder the provisions of the Irish Judicature Act, which received the Royal Assent last August, it is provided that “ additional ” lords justices may, with their own consent, act as commissioners of assize. The Irish Lord Chancellor, desiring that this provision should not be a dead-letter, has requested Mr. Walker to become a commissioner of assize.

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Harry Reginald Cleaver, who served his clerkship with Mr. Arthur Augustus Padley, of Market Rason.

Thomas Berridge Cox, who served his clerkship with Mr. Robert Henry Speed, of Nottingham; and Messrs. Walter Hamlyn Speed and Percy Charles Harvey, of London. _

Isaac Arthur Huskisson Everett, BA. Oxon., who served his clerkship with Messrs. Hand, Blakiston, Everett, & Hand, of Stafford.

Clement Everitt, who served his clerkship with Dr. Ernest Ivens Watson, of Norwich; and Messrs. Nicholson, Graham, & Graham, of London.

Ralph Percival Jenkins, who served his clerkship with Mr. Claudius George Algar, of London.

Thomas Jennings, who served his clerkship with Mr. Charles Ernest Cadlc, of the firm of Messrs. J . G. Wilson, Ornsby, & Cadle, of Durham.

Aneurin Jones, who served his clerkship with Mr. Daniel Willum Jones, of Merthyr Tydfil.

L Basil Leach, who served his clerkship with Messrs. Western & Sons, of on on.

Harry Leonard, who served his clerkship with Mr. John William Piercy, of Huddersfield.

Sidney Lowenthal, B.A. Oxon., who served his clerkship with MessrsNorth & Sons, of Leeds; and Messrs. Williamson, Hill, 8: Co., Oi London. _ _

John Stuart McLellan, who served his clerkship with Mr. William firthlur Edward Headley, of the firm of Messrs. Headley & Roberts, Of

n on.

Martin Rees Richards, who served his clerkship with Mr. William Buckley Roderick, of Llanelly.

Walter John \Venham, who served his clerkship with Mr. Ernest Stratton Gerrish, of the firm of Messrs. Gerrish & Foster, of London.

Daniel Williams, who served his clerkship with Mr. William George, Of Portmadoc.

Joseph Croydon Winser, who served his clerkship with Mr. Robert Martin, of London.

Tirino Cnass.

[In Alphabetical Ordcr.]

Alfred Crerar, who served his clerkship with Mr. George \Vood Turney, of the firm of Messrs. Collin 8.: Turney, of Maryport.

John Beckley Eastley, who served his clerkship with Messrs. Eastlcy & Co., of Paignton ; and Messrs. Torr, Gribble, & Co., of London.

Thomas Henry Royston Evans, who served his clerkship with Mr. Charles Francis Martelli, of London. _

John Henry Franckeiss, who served his clerkship with Messrs. Cousins 8: Burbidge, of Portsmouth; and Mr. Arthur Walter Mills, of London.

Ernest David Glanley, who served his clerkship with Mr._ Martin Augaistus Jenkins, of Aberavon; and Messrs. Crowders 8: Vizard, of Lon on.

Leonard Rudolph Maidment, who served his clerkship with Mr. Edward Hobbs, of the firm of Messrs. Ryde & Hobbs, of Portsmouth ; and MessrsChamberlayne & Short, of London. _ _

George Terry Maudling, who served his clerkship with Mr. Wlllllml Moore Shirreif, of the firm of Messrs. Morley, Shirrefi, & Co , of London

Alfred Darby Minton-Senhouse, who served his clerkship with Mr. John. Booth Lazenby, of the firm of Messrs. Booth & Lazenby, of Newcastle-om Tyne. __

George Rodhouse Reid, who served his clerkship with Messrs. B1118, \Vigg, & Co., of London. _

Francis Henry \Varc, B.A , LL.B. Camb., who served his clerkshig with Mr. Sydney Gedge, M.P., of the firm of Messrs. Gedge, Kifbii Millett, of London.

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Mr. Justice Byrne was indisposed, and unable to take his seat in court on Thursday. ,

Mr. Edwin Plumer Price, Q,.C., who has been Recorder of York since 1866, and is in his 80th year, announced his resignation of that office in his charge to the grand jury yesterday.

The llouse of Lords Standing Committee mot on Tuesday for the first time this session for the consideration of the Marine Insurance Bill (which was referred to a Select Committee), the Bail Bill, and the Public Record Oflice Bill, which were ordered to be reported.

The Pall Mall Gazette says that the Secretary of State for India will shortly have two important appointments to fill, one of them being the Chief Justiceship of the North-\Vest Provinces of India, on the retirement of Sir John Edge, Q.C.

During Tuesday morning, says the Times, Viscount Esher, the late Master of the Rolls, came into Appeal Court No. l and sat on the bench with the Lords Justices for some time listening to the business. He was provided with a chair close to the place in which he generally presided


over this division of the Court of Appeal during the period from the beginning of 1883, when the courts first took up their abode in the present building, down to the end of last Trinity Sittings.

The Lord Chief Justice of Ireland, Sir Peter 0’Brien, while out hunting with the Kildare hunt on Saturday was, says the St. James's Gazelle, thrown from his horse and sustained injuries to his arms and also a severe shaking. He was conveyed in [a covered conveyance to his residence, where he remains, suflfering considerably from the shock, but not in danger. Under the circumstances his lordship's circuit arrangements have been cancelled, and his place in the Spring Assizes will be taken by Lord Justice Holmes.

A meeting of peers, Members of Parliament, judges, and others interested in the movement for perpetuating the memory of the late Sir Frank Lockwood was, says the Timer, held in one of the committee rooms of the House of Commons on the 24th ult. On the motion of Lord James of Hereford, Lord Rosebery took the chair. After discussion the desirability was aflirmed of erecting memorials both in London and in York, and the following were appointed a committee to ascertain the wishes of York and to make recommendations concerning the form and sites of the proposed memorials: The Lord Chief Justice, Lord Glenesk, Lord James, Sir Robert Reid, Mr. James Lowther, Colonel Lockwood, the Attorney-General, Mr. Alfred Pease, Mr. Butcher, and Mr. Hare.

In the House of Commons on Monday Sir J . Kennaway asked the Home Secretary whether he had received from Mr. Justice Darling the presentment of the grand jury of the county of Devon made at the last assizes at Exeter, that in cases of conviction of indecent assault upon girls under sixteen the judge should have power to order the infliction of corporal punishment; whether he had received other communications of a similar nature; and if_ he was prepared to take action in the direction suggested. Sir M. VV. Ridley said: I have received numerous presenton this subject from Devon and other counties; but I am afraid I do not see my way to proposing the amendment of the law which they recommend.

In the House of Commons on Wednesday, Serjeant Hemphill moved the second reading of the Solicitors (Ireland) Bill. He explained that its object was to assimilate the law in Ireland to the law in ngland regulating the profession of solicitor. The first part of the Bill dealt mainly with definitions, and the second part contained certain clauses embodying regulations providing for the examination and lectures which solicitors must undergo before being sworn in. A further provision enabled solicitors’ clerks under certain conditions to become solicitars. Seven years’ service asa solicitor’s clerk with three years’ indenture would qualify for admission as a solicitor. The Bill also altered the conditions under which the examinations and lectures were held. It gave the Incorporated Law Society of Ireland control over the examinations and the power to appoint professors, that control and that power being subject to the approva of the chief judges in Ireland. The Bill also enabled barristers who had been practising for five years, and who wished to become solicitors, to enter the profession on removing their names from the list of barristers, but without undergoing any apprenticeship. It further proposed certain changes in machinery and other matters of detail, not involving any great principle. In cases of misconduct by solicitors, for example, it was proposed that the complaint should come before adieciplinary committee or committee of council of the Incorporated Law Society, and that on their report the Lord Chancellor should exercise his power of striking the solicitor off the roll or of suspension, or of making such other order as he might think fit. The Bill was read a second time and ordered to be referred to the Standing Committee on Law.

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The following is the Evidence in Criminal Cases Bill, which has been introduced by the Lord Chancellor:

A Bill intituled an Act to amend the Law of Evidence.

Be it enacted, &c.

1. Gompetmcy of wilnesm in criminal caaea] Every person charged with an oifence, and the wife or husband, as the case may be, of the person so charged, shall be a competent witness at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person. Provided as follows :

(a) A person so charged shall not be called as a witness in pursuance of

this Act without his consent; '

(b) The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act without the consent of the person so charged;

(c) Nothingin this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellnble to disclose any communication made to her by her husband during the marriage ;

(d) A person charged and being a witness in pursuance of this Act shall not have the right to refuse to answer any question on the ground that it would tend to criminate him as to the ofience charged ;

(a) A person called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to shew that any person charged has committed or been convicted of any offence other than that wherewith he is then charged, or is of bad character, unless-—

(1) the proof that he has committed or been convicted of such other offence is admissible evidence to shew that he is guilty of the offence wherewith he is then charged; or


(ii) the person charged has asked questions of the witnesses for the prosecution with a view to establish his good character, or called witnesses to his good character, or otherwise has given evidence of good character ; or

(iii) the person charged and called as a witness has given evidence against any other person charged with the same oficnce.

2. Calling of wife or husband in certain cases ] (1.) The wife or husband of a person charged with an offence under any enactment mentioned in the schedule to this Act may be called as a witness without the consent of the person charged.

(2.) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person.

3. Application of Act to Scot1and.] In Scotland, in a case where a list of witnesses is required, the husband or wife of a person charged shall not be called as a witness in pursuance of this Act, unless the name of the husband or wife, as the case may be, appears in the list of witnesses for either the prosecution or the defence.

4. Provision as to prwious Acls.] This Act shall apply to all criminal proceedings, notwithstanding any enactment in force at the commencement of this Act.

5. Extent, commencement, and short title.] (1.) This Act shall not extend to Ireland.

(2.) This Act shall come into operation on the expiration of two months from the passing thereof.

(3 ) This Act may be cited as the Criminal Evidence Act, 1898.

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THE following is the memorandum prefixed to the Conveyancing Bill promoted by the Council of the Incorporated Law Society :

This Bill is in substance the same as that introduced in 1897 and read a recond time in the House of Lords. The alterations consist of amendments in the Settled Land Acts and in the Married \Vomen's Property Acts, called for by recent judicial decisions and in the real representative sections of the Land Transfer Act, 1897. The Bill proceeds on the lines of the reforms carried out with complete success by the late Earl Cairns in the Conveyancing Acts and Settled Land Acts. By virtue of the Settled Land Act, 1882, tenants for life have power to sell and convey any settled land, the purchase-money being retained to answer the trusts, and purchasers obtain a clear title freed from the trusts. This principle was not new. It had always been acted upon as regards land he d upon trust for sale by the trustees of money settlements. Such land was always so conveyed as to keep the trusts off the title. This has hitherto also been the case as regards land held for a term of years which cannot be conveyed with successive interests, but only as an entire estate. The same principle applies and is still more familiar in the title to stocks and shares where trusts do not concern a purchaser or mortgagee, and each transfer passes the whole property absolutely. The scheme of the Bill is to extend this

rinci le to all land It rovides that as to all land ever transfer s

P P - P Y hell convey the whole fee simple or an absolute term of years so that the

market title will be an absolute title free from trusts, and a purchaser or mortgagee will be concerned only to acquire the market title in the whole fee simple or term of years. Each successive owner of a fee simple or of a term of years will have an absolute power of disposition similar to the power of sale now given by statute to mortgagees, and will be able to make a complete title. All trusts will be removed from the title, which will be reduced to u series of simple transfers of absolute interests. The Bill is framed to flt in with the scheme of the Settled Land Acts by makings tenant for life the estate owner with a restriction on sale, the purchase-money being retained to answer the trusts. The object of the

Bill, therefore, is to ensure that as to all land the title for the purpose of sale and mortgage shall be simple and absolute, and that trusts and other rights and claims, including death duties and other Government duties, shall be kept off the market title and shall form a second title, not concerning a purchaser or mortgagee, which shall in case of sale attach to the purchase-money. The Council of the Incorporated Law Society have for some time past considered the time had arrived when this further development of the Conveyancing Acts and Settled Land Acts could be carried out with advantage. They therefore in 1895 instructed Mr. E. P. Wolstenholme, who prepared those Acts for the late Earl Cairns, to draft the present Bill, which he has done with the assistance of Mr. B. L. Cherry. The Bill would be very short but for the necessity of providing for existing and future settlements. It is essential to the scheme of the Bill that there should always be an estate owner capable of making a title to a purchaser. A check is provided against wrongful parting with the estate by a scheme of cautions and inhibitions similar in many respects to that which is in force under the Loud Transfer Acts. The proofs of marriages, births, deaths, failure of issue, and other matters of pedigree, showing the title of a tenant in tail, and also his disentailing deed, will be immaterial. The result will be that, as regards transactions tikiug place after the commencement of the Act, no evidence of title will be required by the purchasers except documents conveying or vesting the estate, in other words, the market title consisting of transfers of the absolute interests. The estate owner, having an absolute power of disposition, will convey free from all charges affecting his estate, and none of the present searches will be required as regards liabilities arising after the commencement of the Act, except for lands improvement rent charges (the register for these may be conveniently removed to the Land Registry) ; and, as regards cautions and inhibitions, the vendor will produce a certificate that none are in force. The Bill provides that the executor or administrator shall be the real as well as personal representative, and proposes to repeal and replace the corresponding provisions in the Land Transfer Act, 1897. Especial care has been taken to give effect to the manifest intention of those provisions, and at the same time to facilitate the proper working of that Act in connection with registered land. The Bill gives a power to the real representative to assent in writing to the land passing to their heir, devisee, or person entitled under a settlement so as to avoid the necessity for a deed in those cases where, under the existing law, the land would pass without one. This will also have the effect of leaving the position of stamp duty unaffected. If the Government assent to the clause as to death duties, a purchaser will take free from all such duties. It is conceived that the revenue will not in any way suffer by such assent in consequence of land being made to vest in the real representative, who will be personally liable to see to payment of duties, and, moreover, the Government can be protected by a caution. This is the existing principle as regards stock and also as regards land held on trust for sale; further, a sale under the Settled Land Acts or under a powcr frees the land from succession duty. Under the Bill now proposed all settlements, existing as well as future, are brought under the new system, and no proof will be required of any matter of pedigree arising after the commencement of the Act, except as to deaths, of which probate or letters of administration will be sufllcient conveyancing evidence. This is shewn by the epitome of specimen abstracts contained in the first schedule to the Bill.

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