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IRVING, SAMUEL, Coventry, Glass Dealer Coventry Pet MABBETT, FRANK BURHAN, Whitminster, Glos, Farmer OERTON, SIDNEY, Walsall, Traveller, Walsall Pet Oct 6
Ord Oct 6
West Bromwich Pet Oct 7 Ord Oct 7 JUDSON, CHARLES, Manchester, Weighing Machine Fitter MARTINDALE, GEORGE H, Bridlington Quay, Yorks, To- | Rowan, Thomas, St Mary Axe High Court Pet July 8 Manchester Pet Oct 7 Ord Oct 7
bacconist Oct 19 at 11 Off Rec, 74, Newborough, Ord Oct 6 KENSHOLE, JOHN WILLIAM, Torquay, Butcher Exeter Scarborough
SKELTOX, EDWARD HARRY, Bexley Heath, Mining Engineer Pet Oct 5 Ord Oct 7
MITCHELL, HENRY, Birstal!, Yorks, Wine Merchant Oct Rochester Pet Oct 6 Ord Oct 6 LANGNEY, John, Holmfield, nr Halifax, Builder Halifax 18 at 3 Off Rec, Bank chmbrs, Batley
SLATTER, Oliver Thomas, Canonbury, Medical PractiPet Oct 7 Ord Oct 8
MURGATROYD, SAMưEL, Luddenden, nr Halifax, Joiner tioner_High Court Pet Oct 6 Ord Oct 6 LEWIS, Evay, Kennington cross, Milk Seller High Court Oct 19 at 11.30 Off Rec, Townball chmbrs, Halifax STEELE, WILLIAM, Hatfield Peverel, Essex, Butcher Pet Oct 6 Ord Oct 6
OLD, WILLIAM CHARLES, Birmingham, Tobacconist Oct 21 Chelmsford Pet Oct 7 Ord Oct 7 LEWIS, JOHN, Pontyberem, Carmarthens, Builder Carmar- at 11 174, Corporation st, Birmingham
Thomas, William Jons, Dowlais, Glam, Draper Merthyr then Pet Oct 5 Ord Oct 5
PRITCHARD, Henry GEORGE, Parson's Green Oct 19 at 1 Tydfil Pet Oct 3 Ord Oct 7 MABBETT, FRANK BURMAN, Whitminster, Glos, Farmer Bankruptcy bldgs, Carey st
Toox, JOSEPH John, Leamington, House Decorator WarGloucester Pet Sept 23 Ord Oct 5
Purris, Charles, Kingston on Thames, Clothier Oct 18 wick Pet Sept 30 Ord Oct 5 MURGATROYD, SAMUEL, Luddenden, nr Halifax, Joiner at 12.30 24, Railway app, London bridge
Vines, H KINRICK, Brockley, Medical Practitioner GreenHalifax Pet Oct 8 Ord Oct 8
Rees, DAVID, Rhymney, Mon, Grocer Oct 20 at 1265, wich Pet Aug 24 Ord Oct 7 OERTON, SIDNEY, Walsall, Traveller Walsall Pet Oct 6 High st, Merthyr Tydfil
WALKER, RICHARD HEATH, Catford Greenwich Pet Sept Ord Oct 6
REEVES, AARON, Parkstone, Dorsets, Grocer Oct 18 at 5 Ord Oct 7 O'SULLIVAN, JAMES ALEXANDER, Chancery In High Court
12.30 Off Rec, City chmbrs, Endless st, Salisbury WOODWARD, CHARLES JAMES, Clapton, Fruiterer High Pet March 24 Ord May 25 SELLENS, WILLIAM, Coventry, Seedsman Oct 20 at 11.30
Court Pet Aug 5 Ord Oct 6 PAGE, ABRAHAM Exoci, West Bromwich, Fay Dealer Off Rec, 17, Hertford st, Coventry
WRIGHT, WILLIAM, Hucknall Torkard, Notts, Farmer
Nottingham Pet Sept 16 Ord Oct 7
Veterinary Surgeon Liverpool Adjud Feb 2, 1893 STEELE, WILLIAM, Hatfield Peverel, Essex, Butcher Walsall
Annul Oct 7 Chelmsford Pet Oct 7 Ord Oct 7
TURNER, James Vincent, Hanley, Staffs, Solicitor Oct 19 THOMAS, WILLIAM John, Dowlais, Glam, Draper Merthyr at 11.30 Off Rer, King st, Newcastle under Lyme Tydfil Pet Oct 3 Ord Oct 7
VINES, H KENRICK, Brockley, Kent, Medical Practitioner WAGHOBNE, Edwin HOAD, Cheltenham, Hotel Proprietor Oct 18 at 11.30 24, Railway app, London bridge
Ali letters intended for publication in the Cheltenham Pet Oct 7 Ord Oct 7 WALKER, RICHARD HEATH, Catford, Kent Oct 19 at 11.30
“ Solicitors' Journal” must be authenticated
24, Railway app, London bridge
by the name of the writer.
Bankruptcy bldgs, Carey st
Where difficulty is experienced in procuring the Wurte, John Osborn, Freshwater, I W, Builder Oct 22 Amended notice substituted for that published in the
at 2 Off Rec, Newport, I W
Journal with regularity, it is requested that London Gazette of Oct 7:
application be made direct to the Publisher. DIBB, GEORGE, Manchester, Cabdriver Manchester Pet Sept 13 Ord Oct 5
ALLEN, WILLIAM, Bristol Bristol Pet Oct 7 Ord Oct 7
ANDERSON, JAMES, Whitehaven Whitehaven Pet Sept 19 Subscription, PAYABLE IN ADVANCE, which ina FIRST MEETINGS.
Ord Oct 5 ADAMS, FREDERICK WILLIAN, Walsall, Greengrocer Oct
ANDERSON, WESLEY HERBERT, Kingston upon Hull, Plum- cludes Indexes, Digests, Statutes, and Post20 at 10.30 Off Rec, Walsall
ber Kingston upon Hull Pet Oct 7 Ord Oct 7 ALLEN, WILLIAM, Bristol Oct 19 at 12.15 Off Rec,
Aston, GEORGE, Cardiff, Grocer Cardiff Pet Oct 4 Ord age, 52s. WEEKLY REPORTER, in wrapper, Baldwin st, Bristol
268.; by Post, 288. SOLICITORS' JOURNAL, ANDERSON, JAMES, Whitehaven, Cumberland Oct 21 at 12 Bacon, RICHARD, and EDGAR Bacox, Ketley Brook, nr County Court house, Whitehaven
Wellington, Cycle Makers Madeley Pei Oct 7 Ord 268.; by Post, 28s. Volumes bound at the ANDERSON, WESLEY HERBERT, Kingston upon Hull, Oct 7
Plumber Oct 18 at 11 Off Rec, Trinity House lane, BASTENDORFF, JOSEPH, Islington, Bamboo Furniture office-cloth, 2s. 9d., half law calf, 58. 6d. Hull
Manufacturer High Court Pet Sept 2. Ord Oct 5 Axsan, John Ossoo, Brixton Oct 18 at 12 Bankruptcy Brew, John_ARCHER, Gospel End, Staffs, Licensed Vicblags, Carey st
tualler Dudley Pet Oct 1 Ord Oct 6 BARRETT, HERBERT J, Kensington Oct 19 at 12 BankBURROWS, GEORGE GOLDEN, Dawlish, Devon, Baker
EXCESSIVE EATING AND DRINKING. ruptcy bldgs, Carey st
Exeter Pet Oct 8 Ord Oct 8 BASTENDORFF, JusEPH, Islington, Bamboo Furniture CARTL IDGE, Thomas JAMES, Burglem, Staffe, Oven Builder We all eat two much flesh food and drink too much tea. Manufacturer Oct 18 at 1 Bankruptcy bldgs, Hanley Pet Oct 6 Ord Oct 6
The former militates against working energy, and the Carey st CLARK, WILLIAM, Elwick, Durbam, Iankeeper Sunderland
tannic acid and other deleterious properties to be found in BELLAMY, ARTHUR, Leicester Oct 19 at 12.30 Off Rec, 1, Pet Oct 5 Ord Oct 5
tea lower the spirits and injure the health. The body, in Berridge st, Leicester
CLARKE, Thomas, Sherwood Rise, Nottingham. Commercial fact, is a working engine, and as such it must be treated. BLUNDEN, HENRY JANES, Old Chesterton, Cambs Oct 19 Traveller Nottingham Pet Oct 6 Ord Oct 6
The waste of tissue which daily goes on can only be at 10.15 Off Rec, 5, Petty Cury, Cambridge CLEAR, JAMES Thomas, Cullercoats, Northumberland,
replaced by the proper assimilation of food. BOWYER, WILLIAM, jun, Northwich, Cheshire, Builder Grocer Newcastle on Tyne Pet Oct 7 Ord Oct 7
It cannot be done with medicine.
Science, however, has again come to the rescue, and it CARD, Ephraim, Yeovil, Tailor Oct 18 at 1 Off Rec, Coombes, William Thomas, Cardiff, Chemist Cardiff Pet promoted, and the rosy cheeks natural to health restored
Pet Oct 5 Ord Oct 5
cannot be too widely known that tone and vigour can be Endless st, Salisbury CHESTER, CHARLES JOSEPII, St Leonards, Commercial
Oct 4 Ord Oct 4
by, the vitalising and restorative properties of a most
valuable discovery. The evidence of medical men and the Hastings
Portsmouth Pet Oct 6 Ord Oct 6
public is conclusive on this point. COLE, CHARLES WILLIAM, Tooting Graveney, Surrey Oct Craft, Henry, Gt Grimsby Gt Grimsby Pet Oct 4 Ord
It proves that Dr. Tibbles' Vi-Cocoa as a Food-beverage 20 at 11 Bankruptcy bldgs, Carey st
possesses nutrient, restorative, and vitalising properties, COOMBES, FREDERICK Joun, Torquay, Fruiterer Oct 20 at
CURD, GEORGE, ELIJAH CURD, and WILLIAM CURD, City rd, which have hitherto been non-existent. 10.45 Off Rec, 13, Bedford circus, Exeter
Cabinet Makers High Court Pet Oct 7 Ord Oct 7
It aids the digestive powers, and is invaluable to tired Cox, HARRY WILLIAM, Landport, Hants, Ironmonger Oct | DALLING, WILLIAM, Swansea Swansea Pet Oct 6 Ord men and delicate women and children. 18 at 3 Off Rec, Cambridge junction, High st, Ports- Oct 7
It has the refreshing properties of fine tea, the nourishmouth
DAND, CHARLES, Copthall ct High Court Pet Aug 26 ment of the best cocoas, and a tonic and recuperative force DAVIES, JAMES, Troedyrhiwfwch, Glam, Grocer Oct 18 at 3
Ord Oct 4
possessed by neither, and can be used in all cases where 65, High st, Merthyr Tydfil
DIBB, GEORGE, Manchester, Cabdriver Manchester Pet tea and coffee are prohibited. DE BULNES, ELIAS FERNANDEZ, Liverpool, Manager Nov 2
Sept 13 Ord Oct 8
It is not a medicine, but a unique and wonderful foodat 2.30 Off Rec, 35, Victoria st, Liverpool
Ellis, George, Walsall, Grocer Walsall Pet Oct 7 Ord beverage. DIBB, GEORGE, Manchester, Cabdriver Oct 21 at 2.30 Off Och 7
Dr. Tibbles' Vi-Cocoa is made up in 6d. packets and 9d. Rec, Byrom st, Manchester FIELD, Harry, Whitby Scarborough Pet Oct 7 Ord
and 1s. 60. ting. It can be obtained from all Grocers, ELLIS, JOHN WILLIAM, Batley, Yorks, Hairdresser Oct 18 Oct 7
Chemists, and Stores, or from 60, 61, and 62, Bunhill-row, at 11 Off Rec, Bank chmbrs, Batley
GALLEHAWK, WILLIAM JAMES, Sheerness, Journeyman London, E.C, Evans, RICHARD HENRY, Aberdare, Glam, Decorator Oct Coachbuilder Rochester Pet Oct 7 Ord Oct 7
As an unparalleled test of merit, a dainty sample tin of 21 at 1265, High st, Merthyr Tydfil HASSELL, LEWIS, and WILLIAM EDWARDS, Birmingham
Dr. Tibbles' Vi-Cocoa will be sent post free on application FARRANT, JOHN QUILLIN, York Oct 20 at 12.15 Off Rec, Tailors Birmingham Pet Aug 19 Ord Oct 8
to any address, if when writing (a postcard will do) the 28, Stonegate, York HENSBY, ALBERT WILLIAM, Upper Holloway, Builder High
reader will name the SOLICITORS JOURNAL. Fewiss, JULIA Joan, North Evington, Leicester, Baker Court Pet Aug 6 Ord Oct 6 Oct 18 at 3 Off Rec, 1, Berridge st, Leicester
HOLT, WILLIAM, Prestwich, or Manchester, Milk Dealer AW.-A Solicitor and Notary of great FRANCIS, JOHN, Armley, Leeds, Coal Merchant Oct 19 at Salford Pet Oct 8 Ord Oct 8
experience desires a Situation ; salary £100.-11 Off Rec, 22, Park row, Leeds
Hoy, Joux, Leeds, Chemist Leeds Pet Oct 6 Ord Oct 6 INGERTHA, 2, Marsden-street, South Shields. GALLEHAWK, WILLIAM James, Sheerness, Jourcey Coachbuilder Oct 31 at 12.30 115, High st, Rochester
Irving, SAMUEL, Coventry, Glass Dealer Coventry Pet
Oct 7 Ord Oct 7
M.S.A., Patent Agent (late of H.M. Patent Offices Ieving, SAMUEL, Coventry, Glass Dealer Oct 20 at 12 off | KENSHOLE. John William, Torquay, Butcher
Manchester Pet Oct 7 Ord Oct 7
36, Chancery-lane, London, w.c. Letters Patent ob
Exeter Lained and Registration effected in all parts of the JAMES, Florence, Brompton rd Oct 18 at 12 Bankruptcy Lewis, Evan, Kennington Cross, Milkseller High Court
Pet Oct 5 Ord Oct 5
World. Oppositions conducted. Opinions and Searches bidgs, Carey st
as to novelty. KEENAN, JAMES, West Hartlepool, Labourer Oct 18 at
Pet 0 6 Ord 6 3 Off Rec, 25, John st, Sunderland
Lewis, Joun, Pontyberem, Carmarthens, Builder Carmar- PATENTS and TRADE-MARKS. KIILAM, WILLIAM, Snienton, Nottingham, Engine Driver
then Pet Oct 5 Ord Oct 5 Oct 18 at 12 Off Rec, 4, Castle pi, Park st, LYNES, BENJAMIN CHARLES, Brixton, Licensed Victualler Nottingham
High Court Pet July 25 Ord Oct 8
W. P. THOMPSON & CO., KENSHOLE, JOHN WILLIAM, Torquay, Butcher Oct 20 at MABBETT, FBANK BURMAN, Whitminster, Glos, Farmer 10,45 Off Rec, 13. Bedford circus, Exeter Gloucester Pet Sept 23 Ord Oct 8
322, High Holborn, W.C. LANE, CHARLES, Cardiff, Baker Oct 20 at 11 Off Rec, 29, MAY, Henry, Hampstead, Fruiterer High Court Pet Queen st, Cardiff Sept 24 Ord Oct 8
(and at Liv::RPOOL, MANCHESTEE, and BIRMINGHAM), LANGLEY, Joux, Halifax, Builder Oct 19 at 11 Off Rec, MURG ATROYD, SAMUEL, Luddenden, nr Halifax, Joiner LONDON and INTERNATIONAL AGENTS of ProTownhall chmbrs, Halifax Halifax Pet Oct 8 Ord Oct 8
vincial and Foreign SOLICITORS in LONSDALE, WILLIAM HENRY, Stockton on Tees, Fruiterer MUSSELWHITE, CHARLES, Wilton, Wilts, Saddler Salis
PATENT matters. Oct 18 at 11 Off Rec, 8, Albert rd, Middlesborough bury Pet Sept 28 Ord Oct 8
Representatives in all Capitals.
JUDSOMA CHA FLES, Manchester, Weighing Machine Pitter PATENTS. Mr. E. W. GOLBY, A.I.M.E., HOME, MESSES.OURTY AUCTION MART, BRISTOL
MESSRS. BRISTOW, WARWICK,
FULLER, HORSEY, SONS, & CASSELL,
TREATMENT OF INEBRIETY.
BRISTOL and WESTERN COUNTIES
SALES and VALUATIONS of LANDED, RESIDENNATIONAL MORTGAGE AND AGENCY
TIAL, and BUSINESS PROPERTY, SHARES,
REVERSIONS, &c., by
The attention of Solicitors, Trustees, &c., is inChairman H. R. GRENFELL, Esq. For Gentlemen, under the Act and privately.
vited to the central and commanding position of the Mart,
affording the greatest publicity to Sale Announcements. For Terms, &c., apply to CAPITAL £1,000,000.
The Auctioneers have numerous Clients at all times pre. Called Up, £200,000. Uncalled, £800,000.
R. WELSH BRANTHWAITE,
pared to Purchase or make Advances on Mortgage of Real
Medical Superintendent. The Company receives money on Debentures for five or
PETERBOROUGH. Established 1820. seven years. Interest payable half-yearly by coupons TREATMENT OF INEBRIETY and ABUSE of DRUGS. attached to the Bonds.
& By the Articles of Association the issue of Debentures
POTTER, is restricted to the amount of the uncalled capital, and HIGH SHOT HOUSE, they are secured by a Trust Deed, establishing a prefer
SURVEYORS, LAND AGENTS. AUCTIONEERS, ential charge thereon for the holders. ST. MARGARET'S, TWICKENHAM,
JARKET SQUARE, PETERBOROUGH, Prospectuses and full information as to the rates of For Gentlemen under the Acts and privately. Terms, interest may be obtained from the Maniger, 8, Great
23 to 4 Guineas.
Surveys made, Reports and Valuations for Mortgage, ParWinchester-street, London, E.C.
Apply to Medical Superintendent,
tition, Exchange, Enfranchisement, Estate Duty, Tenant
right, and Timber; Estates Managed and Rents Collected. F. BROMHEAD, B.A., M.B. (Camb.), M.R.C.S. (Eng.)
QUARTERLY ACCOUNTS RENDERED.
Bankers: Stamford, Boston, d Spalding Bank, Peterborougk.
11, BILLITER SQUARE, LONDON, E.C.
AUCTIONEERS, VALUERS, AND SURVEYORS Judicial Bench, Corporation of London, &c.
L.R.C.P. Lond. Principal: H. M. RILEY, Assoc. Soc.
MILLS AND MANUFACTORIES.
PLANT AND MACIINERY
WHARVES AND WAREHOUSES
Olerks, and Clerke of the Peace, Corporation Robes, University and Clergy Gowns.
ALUATIONS of Modern and Old LACES.
Highest price given for Old Point and Modern Real
Laces, old Embroideries, &c.-HAYWARD'S, 11, Old 94, CHANCERY LANE, LONDON.
Bond-street. Established 1770 in Oxford-street.
shortest notice. GENERAL REVERSIONARY AND
SPATRIA AGRICULTURAL COLLEGE
(viâ Carlisle), situated in one of the finest StockINVESTMENT COMPANY. LIMITED, No. 26, PALL MALL, LONDON, 8.W. The BOOKS and FORMS kept in stock for immediate raising districts of the country. Practical and scientific
instruction. Success in Examinations of Surveyors' Insti[Removed from 5, Whitehall.]
MEMORANDA and ARTICLES OP ASSOCIATION tution. Preparation for colonies. Six farms, creamery, Established 1836. speedily printed in the proper form for registration and workshops.
J. SMITH HILL, B.A., B.Sc., Principal. Share and Debenture Capital
distribution. SHARE CERTIFICATES, DEBENTURES, £639,600.
CHEQUES, &c., engraved and printed. OFFICIAL Reversions Purchased on favourable terms. Loans on SEALS designed and executed. No Charge for Sketche Reversions made either at annual interest or for deferred
LONSDALE PRINTING WORKS eharges. Policies Purchased.
D. A, BUMSTED, F.I.A., Actuary and Secretary Solicitors' Account Books. LONSDALE BUILDINGS, 27, CHANCERY LANE.
RICHARD FLINT & Co.,
THE REVERSIONARY INTEREST SOCIETY,
Paid-up Share and Debenture Capital, £616,525.
30, COLEMAN STREET, E.C.
Stationes, Printers, Engravers, Registration Agents,
ALEXANDER & SHEPHEARD
PRINTERS and PUBLISHERS. BOOKS, PAMPHLETS, MAGAZINES.
NEWSPAPERS & PERIODICALS. And all General and Commercial Work.
Every description of Printing-large or small.
Printere of THE SOLICITORS' JOURNAL Newspaper.
Special Advantages to Private Insurers.
Total Funds over £1,500,000.
E. COZENS SMITH, General Manager.
BRAND & CO.'S
Authors advised with as to Printing and Publishing.
Estimates and all information furnished.
Contracts entered into.
THE MOST NUTRITIOUS.
ESSENCE OF BEEF,
BEEF TEA, BIRKBECK BANK,
MEAT JUICE, &c.,
Southampton-buildings, Chancery-lane, London, W.C.
Prepared from tinest ENGLISH MEATS
Of all Chemists and Grocers.
£10,000,000. Number of Accounts, 85,094. TWO-AND-A-HALF per CENT. INTEREST allowed on DEPOSITS, repayable on demand.
TWO per CENT. on CURRENT ACCOUNTS, on the minimum monthly balances, when not drawn below £100.
STOCKS, SHARES, and ANNUITIES purchased and sold for customers.
BRAND & CO., LTD., MAYFAIR, W., & MAYFAIR
WORKS, VAUXHALL, LONDON, S.W.
SAVINGS DEPARTMENT. Small Deposits received, and Interest allowed monthly on each completed £1.
The BIRKBECK ALMANACK, with particulare, post free.
FRANCIS RAVENSCROFT, Manager.
* LEGAL PROFESSION
PROBATE, &c. PROMPTITUDE. LOW CHARGES.
ROYAL EXCHANGE ASSURANCE.
VOL. XLII., No. 51.
LONDON, OCTOBER 22, 1898.
INCORPORATED A.D. 1720.
E. R. HANDCOCK, Secretary.
BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY
INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.
HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFTICE: 56, Moorgate-street, E.C.
Cases Reported this Week.
(BEFORE THE VACATION JUDGE.)
Hobbs, Hart, & Co. (Lim.) v. Grover and Roe.
Taylor v. The Cambridge Gazette Co. (Lim.) and Kiner..................
(County Courts.) LOSS OR FORFEITURE OF THE LICENSR. Suitable clauses, settled by Counsel, can be obtained
on application to
Jones v. C. & W. Walker
MOORGATE STREET, LONDON, E.C. Mortgages Guaranteed on Licensed Properties promptly, without THE APPEAL list for the ensuing sittings keeps up its special valuation and at low rates.
recently increased figures. It contains 283 appeals, of which
94 are from the Chancery Division, 159 from the Queen's ALLIANCE ASSURANCE COMPANY. Bench Division, and 3 from the Probate and Divorce Division ;
Established 1824. Capital, £5,000,000 Sterling.
and there are also 1 appeal from the Lancaster Chancery Court, Chairman: RIGHT HON. LORD ROTHSCHILD.
4 appeals in Bankruptcy, and 19 cases in the New Trial Paper. LONDON BRANCHES : 1, ST. JAMES'S STOWA. 83, CHANCERY LANE, W.C.; A year ago there were only 159 appeals, and at the commencoNORFOLK ST., STRAND; WIGMORE ST. ; 3, MINCING LANE, E.Č. LIFE AND FIRE INSURANCES AT MODERATE Rates.
mont of the last sittings there were 234 appeals.
LEASEHOLD AND SINKING FUND POLICIES.
THE CHANCERY Division cause lists shew & decline in the LEGAL AND GENERAL LIFE ASSURANCE number of causes and matters. There are in all 585 causes SOCIETY.
and matters as compared with 743 actions and matters a year ago, and 617 at the commencement of the last sittings.
£ 390,000 £1,000,000 · £11,700,000
A DECLINE in numbers is also a feature of some of the Queen's Bench lists, which contain 603 causes in all, as against 1,041 a year ago. There are 453 actions for trial, as against 906 a year ago, and 431 at the commencement of the last sittings. On the other hand, there are 122 matters in the Divisional Court list, in place of 44 matters at the commencement of the last sittings.
THE ARRANGEMENTS made by the Judges of the Chancery Division for the trial of witness actions during the ensuing sittings are as follow : Mr. Justice NORTH will take his Witness List for the fortnight beginning on Tuesday, the 15th of November, and will sit continuously (Monday, the 21st of November, excepted) until Saturday, the 26th of November, his motions, &c., being taken by ROMER, J. Mr. Justice STIRLING will begin on Tuesday, the 15th of November, and sit continuously (Monday, the 21st of November, excepted) until Saturday, the 26th of November, his motions &c., being taken by KEKEWICH, J. Mr. Justice KEKEWICH will begin on Tuesday, the 1st of November, and sit continuously (Monday, the 7th of November, excepted) until Saturday, the 12th of November, his motions, &c., being taken by STIRLING, J. Mr. Justice ROMER will take his Witness List as stated in the Sittings Paper, his motions, &c., being taken by NORTH, J.
£2 10 %
THE CRIMINAL Evidence Act has now been in force for over a week, and as far as can be gathered from the newspaper accounts of trials in which the accused persons have given evidence, it has worked very satisfactorily up to the present. Cases
OFFICES : 10, FLEET STREET, LONDON.
have been reported in which persons have been acquitted when the THE CASE of Barnes v. Glenton (1898, 2 Q. B. 223) is the latest evidence for the prosecution made things look very black indeed of the series of decisions relating to the operation of section 8 of for them, apparently entirely because of the new aspect put the Real Property Limitation Act, 1874. 'Money was lent to A. upon the facts by the sworn testimony of the accused. On the and others in 1882 on security which may be shortly described other hand, more than one case has occurred in which a guilty as a sub-mortgage not containing any covenant for repayment person has secured his own just punishment by clearing up in of the advance. Interest was paid from time to time by A.'s the course of cross-examination any doubts which the evidence co-debtors up to 1896, and, the above action being subsequently for the prosecution might have left in the minds of the jury. brought against A. and his co-debtors, the question arose Not
many serious difficulties seem to have yet arisen as to the whether such payment by them kept the debt alive as against construction of the Act, but at least two decisions have been A. Section 8 bars any action or suit to recover any money given which will probably be generally disapproved of. The secured by "any mortgage, judgment, or lien, or otherwise first of these is a matter of small importance. The Act provides charged upon or payable out of any land or rent" after twelve that an accused
"shall not be called as a witness in pur- years, “unless in the meantime some part of the principal suance of this Act except upon his own application.” At the money or some interest thereon shall have been paid," or such London Sessions, counsel defending a prisoner proposed, at the acknowledgment given as the section requires. If, then, the end of the evidence for the prosecution, to call his client as a case fell within section 8, it would seem to follow, on a literal witness. The Deputy-Chairman, however, ruled that counsel construction of the words of the enactment, that any payment must not make the application for the person charged, but that on account of principal, or any payment of interest thereon, such person must apply with his own mouth for leave to go into would altogether stop the statute from running. But it was the witness-box. We cannot think that the Act means this. contended for A. that, there being no express covenant, the Surely an application made by a prisoner through his counsel liability, if any, was for a simple contract debt within the is bis own application. If the Act does mean what Mr. Limitation Act, 1623, with the result that the six years' limitaLOVELAND-LOVELAND thinks it means, there does not seem to be tion of actions applied, and with the further result that A. was any good reason for euch a provision, as a prisoner will, of protected by the Mercantile Law Amendment Act, 1856, s. 14, course, make the application as a rule on the prompting of his from being chargeable by reason of any payment made by A.'s counsel. Moreover, it is hardly seemly, when a prisoner is co-contractors or co-debtors, which enactment, it was admitted, defended by counsel who advises that he shall give evidence, did not apply to the Real Property Limitation Act, 1874: see for a judge to intervene and deter the man from following his Re Frisby, Allison v. Frisby (38 W. R. 65, 43 Ch. D. 106). counsel's advice by an exposition of the law as to perjury. In Sutton v. Sutton (31 W. R. 369, 22 Ch. D. 511) section 8
was held to apply not only to the remedy against the land, but
also to an action on an express personal covenant to repay in a THE OTHER decision referred to is one of much greater mortgage. The decision of the Court of Appeal in that case importance, and is really a serious matter. Section 2 of the was a surprise to the profession (see 43 Ch. D., at p. 108), and Act provides that when the only witness called for the defence the subsequent history of the case (which is to be found in the is the accused person himself, he shall be called immediately judgment of CHITTY, J., in Re Turner, Turner v. Spencer, 43 after the close of the evidence for the prosecution. Also, by W. R. 153) shews that the plaintiff's claim might have been so section 3 it is enacted that where the right of reply depends framed as not to have raised the point decided, which proved upon the question whether evidence has been called for the not to be conclusive of the case, but it leaves the decision defence, the fact that the person charged has been called as a untouched, and that has become a landmark in the law of witness shall not of itself confer on the prosecution the right of limitation. In Barnes v. Glenton the court (Lord RUSSELL, C.J.) reply. On these two sections the Recorder of Nottingham has refused to confine section 8 to cases where there was a specialty, decided, in a case defended by counsel in which the prisoner holding that the effect of section 8 was to take out of the alone gave evidence for the defence, that counsel for the Limitation Act of James I. for all purposes all actions of debt prosecution had no right to sum up his case after the prisoner secured by mortgage or otherwise charged upon or payable out had given evidence. Now, it is expressly provided by 28 Vict. of land. It was pointed cut that cases of security by lion, c. 18 (commonly known as Denman's Act), that where a which were not often effected by specialty contract, were prisoner is defended by counsel, counsel for the prosecution expressly included in section 8. The case was therefore shall have the right to address the jury a second time " for the governed by section 8, and the only question left was whether purpose of summing up the evidence against such person,” in the payments made by A.'s co-debtors were sufficient to keep the case witnesses are not called for the defence; and further, that claim alive against A., as to which the decision in the Court of save for this alteration in the practice the "right of reply should be as theretofore. It is clear, therefore, that a “summing In the opinion of Fry, L.J., in that case, "a payment satisfying
Appeal in Re Frisby (supra) was held to be conclusive against A. up” is not the same as a “reply." Both are mentioned in the the words of the section is made whenever there is a render same section of Denman's Act. The Recorder of Nottingham,
of money to a person entitled to receive it by a person liable to however, seems to have rather confused the two. A speech in reply, it is submitted, is one in answer to speech by the other side. pay it” (38 W. R. at p. 66, 43 Ch. D. at p. 117). If it is proper for counsel for the Crown to sum up his case where no witnesses are called for the defence, still more desirable is it that he should do so when the prisoner gives evidence, and the It Is, perhaps, one of the chief functions of the courts to Criminal Evidence Act could never have intended to take away apply. Acts of Parliament to cases which the wisdom of the the power given by Denman's Act. It is to be observed that Legislature has not foreseen. A good illustration is afforded by where the prisoner alone gives evidence for the defence, it is the the case of Jones v. Walker in the Birmingham County Court, express purpose of the Act to reserve to his counsel the valuable which is reported elsewhere. A man who had been working as privilege of having the last word to the jury, and this is a a blacksmith applied for employment in the erection of a gasmost fair and proper provision. If, however, the Recorder of holder for the Birmingham Corporation. There was no vacancy Nottingham is right, we are brought to face this absurdity, that for him in that capacity, but the contractors' foreman put him in a long and complicated case, where it is most desirable for on to a job which only required unskilled labour. Nothing was counsel for the Crown to sum up his case, he can be deprived of said as to the rate of wages. He had not worked more than the right so to do by the calling of the accused alone as a three hours when an accident occurred by which he was severely witness, which perhaps still further complicates the case, though injured and rendered incapable of work. The nature of the it in no way deprives the prisoner's counsel of his privilege of accident brought the case within the Act of 1897, but a dispute the last word. We observe that Lord Ludlow, in his remarks arose as to the rate of compensation. The rule upon this on the new Act, which our readers will find elsewhere, says that subject is laid down by clause 1 (6) of the first Schedule. the object of section 2 “is to give the prosecution in cases In case of total or partial incapacity for work the compensation defended by counsel, in summing up the evidence, an oppor- is to be a weekly payment not exceeding 50 per cent. of the tunity of commenting on the evidence so given” (i.e., by the workman's "average weekly earnings during the previous prisoner].
twelve months, if he has been so long employed, but if not, then for any less period during which he has been in the employment the termination of a voluntary winding up (sections 142, 143) of the same employer, such weekly payment not to exceed £1." require the liquidators to call a general meeting for the purpose This is clear enough for cases where the workman's employment of receiving a final account. The liquidators then make a has lasted for a sufficient number of weeks to make it possible return to the registrar of the meeting having been held and of to strike an average possibly one week would give an average its date, and on the expiration of three months from the date for this purpose.
But what is to be done where, as in the of the registration of the return, the company is to be deemed to present case, there has neither been a week's work nor has any be dissolved. Such dissolution, however, is not an absolute bar rate of wages been agreed upon ? The claimant pro- to all further proceedings in relation to the company. In Re posed to refer back to his previous employment as a Crookhaven Mining Co. (L. R. 3 Eq. 69) it was held that the blacksmith, where he was earning 338. 6d. & week. court had jurisdiction to make an order in the voluntary He accordingly claimed a weekly payment of 168. 9d. winding up after the expiration of the three months, if the But this was obviously inadmissible, and so Judge WHITE- application for the order was made before the expiraHORNE held. The rate of wages contemplated by the Act tion of such period. There the delay in the hearing of refers only to the time of employment under the employer the application had beon due to the intervention of the Long against whom the claim is made. It would be possible to argue Vacation. Lord Romilly, M.R., held that this could not affect that the case was not within the Act at all, no weekly earnings the rights of the applicant, and that he was entitled to stand in upon which to strike an average having accrued. But this the same position as though the application had been heard view was not put forward by the insurance company who were before the expiration of the three months. A similar delay has behind the defendants, and if it had been it seems the judge led to a similar decision in Whiteley Exerciser (Lim.) v. Gamage would not have adopted it. His desire, he said, was to carry (1898, 2 Ch. 405), the delay on this occasion, however, being due out the purpose of the Act loyally, and this was inconsistent to the congested state of business in the court. The general with a narrow interpretation of its provisions. But if some scale meeting under section 142 in the winding up of the plaintiff of wages had to be applied, and none had been agreed upon company was held on the 8th of January, 1898. The between the parties, it seemed inevitable to adopt the current rate return was registered under section 143 on the 14th of January, for the kind of work to which the plaintiff had been actually put. Consequently the company was to be deemed to be dissolved For the unskilled labour in which he was employed at the time on the 14th of April. A summons dealing with the taxation of the accident the current rate was 248. a week, and at half of the costs in the action was taken out by the defendant on the this, or 128. a week-the amount which the contractor had 4th of February, but it did not come on for hearing until the 15th originally offered to pay—the compensation was fixed by the of July. NORTH, J., however, considered that the decision of Lord court.
ROMILLY in Re Crookhaven Mining Co. was ample justification for
his adjudicating upon the matter, notwithstanding the statutory THE DECISION of the Court of Appeal in Nor London Credit dissolution of the company. In Coxon v. Gorst (1891, 2 Ch., Syndicate (Limited) v. Neale (1898, 2 Q.B. 487) is an apt illustra- p. 75) CHITTY, J., is reported to have intimated in the course of tion of the rule that the effect of a written contract cannot be the argument that Re Crookhaven was contrary to the later varied by evidence of a contemporaneous oral agreement. An decisions, and that the dissolution was an absolute bar to the action was brought against a company by B. and C. A., who jurisdiction of the court. But apparently this was said under a was the chairman of the company and interested in it, accepted misapprehension. In Re Pinto Silver Mining Co. (8 Ch. D. 273) a bill for £110, a sum which it was agreed shoul paid to and Re London and Caledonian Marine Insurance Co. (11 Ch. D. B. and C. in settlement of the action. The bill, which was at 140) the Court of Appeal refused to make a compulsory order three months, was drawn by B. and C. and made payable to their for winding up after the company had been dissolved under the order. When it was given it appears that a verbal arrangement voluntary liquidation, and it was said that such an order could was made under which the drawers were to renew the bill only be made on the ground of fraud. But these cases do not should the acceptor not be in a position to pay it at maturity. seem to prohibit the jurisdiction in matters which are pending B. and C. indorsed the bill over to the syndicate, who were the at the date of the statutory dissolution. Otherwise the delay of plaintiffs in the present action and who took with notice of the the court would mean a denial of justice. agreement for renewal. They declined, however, to renew at maturity, and sued upon the bill. Practically the agreement to renew was an undertaking that the bill should not be negotiated, IT is, as was observed by VAUGHAN WILLIAMS, J., in Re and DARLING, J., held that, since the syndicate took with notice Smith & Logan (43 W. R. 413), a constant practice in proving of this agreement, their title to the bill defective
against a bankrupt's estate for a creditor who has several and they had no right of action. But the only effect of distinct debts due to him to lump his debts and securities in one notice to them was to put them in the same position as the proof, although this does not prevent the trustee from subsedrawers, and their title to the bill and their right to sue on it quently requiring the securities to be valued separately should were alike good, save in so far as the right to sue was qualified he desire to redeem any particular security. The decision of by the verbal agreement. Here the acceptor found that the arrange- ROMER, J., in Re Morris (46 W. R. 627) suggests a further case ment proved useless to him. It is not competent to the party to a in which a distinction between the debts should be made. A bill to stipulate verbally that it shall not be met at maturity. creditor had a right under a creditor's deed to prove against “What is to become,” said Lord ELLENBOROUGH in Floare v. the debtor's estate in respect of three bills of exchange for Graham (3 Camp. 57), "of bills of exchange and promissory £2,000 each and one bill for £1,000. Various other parties notes if they may be cut down by a secret agreement that they who were also insolvent were liable on the bills and the shall not be put in suit. The condition for a renewal entirely creditor had proved against their estates also. The result was contradicts the instrument which the defendants have signed. that upon two of the bills the creditor received in dividends Such an agreement rests in confidence and honour only, and is from the various estates sufficient to pay more than 20s. in the not an obligation of law.” So in Young v. Austen (L. R. 4 C. P. £, but in respect of the others he had received less than the 553) it was said to be clear that the defendant could not set up full value. He had, however, in accordance with the practice a contemporaneous oral agreement for renewal to contradict the referred to above, proved against the estate of Morris for a contract on the face of the bill, though by a written agreement lump sum in respect of the four bills, and he now claimed to entered into at the time the bill was accepted the parties might apply the surplus upon the two paid bills to make good the regulate their rights between themselves. This, of course, is deficiency upon the other two. Clearly, however, this was a continually done when bills are given as security for loans. In wrong to the parties who were liable on the former two bills. the present case the verbal agreement for renewal of the bill The parties liable upon the four bills were not the same, was excluded upon the above principle, and the plaintiffs ob- and, this being so, there could be no right to charge tained judgment in the Court of Appeal.
the parties liable upon any one bill more in the aggregate than 20s. in the £. The proofs in respect of the various bills
had, therefore, to be separated and the surplus on the two overTHE PROVISIONS of the Companies Act, 1862, which relate to paid bills handed back for distribution among the parties en