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Tuxford, Zara Ann, Great Dover st. Pet Dec 23. Pepys. Jan 18 at 11
Jones, James, Flint, Flintshire, Grocer. Jan 16 at 2 at offices of Williams, Flint Waddingham, Thorsby, Middlesex st, Holloway, Carman, Pet Dec 23. Pepys. Jan 18 Jones, Owen. Criccieth, Carnarvon, General Dealer. Jan 3 at 2 at Albion Hotel, at 11.30
Kerridge, Shadrack, Gt Bromley, Pig Dealer. Jan 7 at 10.30 at offices of Goody and
Kibble, Henry, Manchester, Jeweller. Jan 5 at 1 at offices of Phillips, Marsden st, Bramwell, Edward Lambert, Askern, nr Doncaster. Pet Dec 22. Wake. Sheffield, Manchester Jan 10 at 11
Knight, Samuel Glover, Burslem, Stafford, out of business. Dec 30 at 11 at Vine Inn, Clarke, Samuel, Parkstone, Dorset, Builder. Pet Dec 22. Dickinson. Poole, Jan 11 at Stafford. Ashmall, Hanley 11
Leach, Jonathan, Bolton, Lancaster, Painter. Jan 9 at 3 at offices of Dutton, Acresfield, Dowie, Muir, Liverpool, Merchant. Pet Dec 22. Cooper. Liverpool, Jan 9 at 12
Bolton Howes, James, Queen's rd, Wandsworth rd, Builder. Pet Dec 20. Willoughby. Wands- Lewis, George, Manchester, Timber Merchant. Jan 17 at 3 at Falstaff Hotel, Market worth, Jan 13 at 11
pl. Tremewen, Manchester BANKRUPTCIES ANNULLED.
Llewellyn, William, Haverfordwest, Pembroke, Farmer. Jan 7 at 10.5 at Station house, FRIDAY, Dec. 23, 1881.
Whitland. Jones, Haverfordwest Lucas, James Moore, Usk, Monmouth, Builder. Dec 20
Lock, John, Hinderclay, Suffolk, Miller. Jan 16 at 12 at offices of Salmon and Son,
Bury St Edmunds
Luckett, Cornelius, Poulton, Gloucester, Haulier. Jan 9 at 11 at offices of Wilmot,
Milton st, Fairford
McKay, John, Whitehaven, Cumberland, Boot Maker. Jan 9 at 11 at offices of Brown,
Scotch st, Whitehaven Whitley, Richard John, Nottingham, Lace Maker. Dec 15
Macklin, Albert, Hart st, Bloomsbury, Publisher. Jan 7 at 2 at offices of Romer, Liquidations by Arrangement.
Warwick ct, Gray's inn
Matthews, James, Cathay, Bristol, Horse Dealer. Jan 4 at 12 at offices of Essery,
Nicholas st, Bristol
Marsden, William Henry, Cannon st Hotel, Manchester, Restaurant Keeper. Jan 18 at
3 at offices of Kearsley and Co, Brazennose st, Manchester Adam, John, Heaton Chapel, Lancaster, Salesman. Jan 11 at 11 at offices of Bates, Milton, Frank, Finsbury pk, Wholesale Confectioner. Jan 2 at 11 at offices of Howard, Market st, Manchester
Southampton bldgs, Chancery lane Adams, Aaron, Walcot, Bath, Somerset, Farmer. Jan 3 at 2 at offices of Clifton and Co, Morton, William Henry, Lincoln's
inn fields, out of business. Jan 4 at 1 at offices of Broad st, Bristol
Stanley, Austin Friars Alcock, James Flowers, Thornborough, Buckingham, Farmer. Jan 10 at 11 at office
Nobbs, Charles, Lowestoft, Fishing Boat Owner. Jan 9 at 12 at offices of Seago and of Small, Townhall, Buckingham
Son, High st, Lowestoft Alecock, Edward, Beccles, Suffolk, Watchmaker.
Jan 6 at 2 at offices of Angell, Nichols, John Southcombe, Bath, out of business. Jan 5 at 12.30 at Guildhall Tavern. Beccles
Stone and Co, Bath Aldridge, George Edward, Lye, Worcester, Grocer. Jan 4 at 3 at offices of Waldron, Ormond, John, Abergavenny, Monmouth, Gent. Jan 5 at 1 at offices of Hopkins, Park High st, Brierley hill, Stafford
8t, Abergavenny Balmer, William Kirkup, Grainger st West, Newcastle upon Tyne, Public Accountant. Parker, William Robinson, Kingston-upon-Hull, Licensed Victualler. Jan 4 at 1 at
Jan 5 at 11 at offices of Pybus, Post Office chmbrs, St Nicholas sq, Newcastle upon Hull'Incorporated Law Society's Hall, Hull. Bradly, Hull
Parsons, Isaac, Dorchester, Bread Baker. Jan 11 at 2 at offices of Burnett, South st,
Picton, David, Llangennech, Grocer. Jan 6 at 11 at offices of Howell, Stepney street, Barder, Jacob, Manchester, Importer of Fancy Goods. Jan 4 at 3 at offices of Nuttall Llanelly and Son, John Dalton st, Manchester
Pettifor, "Alfred, Stilton, Huntingdon, Thatcher. Jan 7 at 10.30 at offices of Hart, Bate, James, Scott's yard, Bush lane, Timber and General Merchant. Jan 6 at 3 at
Priestgate, Peterborough offices of Steadman and Co, Southampton st, Strand
Pearson, George, Scotholme, Nottinghara, Silk Throwster. Jan 10 at 3 at offices of Beadle, Sarah Ann, Liddington, Rutland, out of business. Jan 11 at 3 at offices of Sheild, Uppingham
Norman, Middle pavement, Nottingham
Pendleton, John William, Leicester, Boot and Shoe Manufacturer. Jan 4 at 3 at offices Bellew, Sarah Elizabeth, Walworth rd, Stewed Eel Shop Keeper. Jan 10 at 2 at offices
of Wright, Belvoir st, Leicester of Bendle, Joha st, Bedford row
Pitcher, James, Tooley st, Norwich, Innkeeper. Jan 5 at 3 at offices of Overbury and Blackmore, Thomas, Kingston-upon-Hull, Smack Owner. Jan 4 at 3 at offices of
Co, Norwich Pickering, Parliament st. Summers, Hull
Plant, Alfred, Eccleshall, Scafford, Miller. Jan 9 at 2 at offices of Robinson, Eccles. Bromley, Mark, Chatham, Confectioner. Dec 29 at 11 at 6, Arthur st, East. Mitchell, hall Rochester
Porter, George Markham, Scarborough, York, of no occupation Jan 3 at 11 at offices Brelsford, Thomas, Disley, Chester, Stonemason. Jan 6 at 3 at offices of Leigh, Brown
of Wellburn, Huntriss row, Scarborough st, Manchester
Rees, John, Penrhynderdrath, Merioneth, Joiner. Jan 9 at 2 at the British Hotel, Brier, Edward, Brighouse, York, Contractor. Jan 6 at 11 at offices of Moore, St James's
Bangor, Carnarvon. Collins, Liverpool chmbrs, Halifax
Ridal, Joho, and Robert Arnison, Contractors, Sheffield. Jan 4 at 2.30 at offices of Butler, Francis William, Brighton, Surgeon. Jan 10 at 3 at offices of Nye, North st,
Webster and Co, Hartshead, Sheffield Brighton
Ridley, John, Talkin, Cumberland, Innkeeper. Jan 13 at 2 at offices of Carrick and Co, Capon, Charles Henry, Thorpe St Andrew, Norfolk, Auctioneer. Jan 3 at 12 at offices Brampton of Kent, St Andrew's Hall Plain, Norwich
Rountree, William James, Stoke Prior, Worcester, Licensed Victualler. Jan 5 at 11.30 at Charlesworth, James, Sheffield, Draper. Jan 6 at 2 at offices of Taylor, Norfolk row, offices of Browning, Church gn, East Redditch Sheffield
Schloesser, Carl Reinhold Ferdinand, Manchester, Merchant. Jan 13 at 3 at Grosvenor Clayton, William, Harrogate, York, Grocer. Jan 5 at 12 at offices of Hirst and Capes
Hotel Deansgate, Manchester. Sutton and Elliott, Manchester James st, Harrogate
Schutz, Leopold Hugo, Chatsworth rd, Clapton pk, Hair Dresser, Dec 31 at 10.30 at Corp, William, Dalston Rise, Cow Farmer. Jan 12 at 2 at offices of Bolton and Co, Unicorn Tavern, Vivian rd, Old Ford. Hope, East India rd, Poplar Lincoln's-inn-fields
Scott, John, Wakefield, out of business. Jan 4 at 2 at offices of Vincent, Top of Kirk, Coupland, Tom Sydney, Bridlington, Licensed Victualler. Jan 4 at 11 at offices of
gate, Wakefield Wray, Queen st, Bridlington Quay
Sharman, Alfred, Sheffield, Grocer. Jan 5 at 3 at offices of Smith and Co, Meetinghouse Crutchloe, John, Oswestry, Gunsmith, Jan 6 at 3 at offices of Hignett, St aohn's-hill,
lane, Sheffield Shrewsbury
Sharman, Mark Bunting, Eggington, Oxford, Farmer. Jan 4 at 12 at White Lion Inn, Cullen, Edward William, Bath, Lodging house Keeper. Jan 6 at 12 at Mason's-hall
Banbury. O'Connor, Birmingham Tavern, Basinghall st
Sharp, Robert, William Sharp, and John Francis Sharp, Creech Saint Michael, Somer. Curtis, William, Gloucester, Grocer, Jan 6 at 12 at Bell Hotel, Southgate st, set, Brick Manufacturers. Jan 2 at 11 at offices of Reed and Cook, Paul st, Taunton Gloucester. Haines
Shippey, William Cuttriss, Bow rd, General Ironmonger. Jan 5 at 11 at offices of Ginn, Daniels, Thomas, Langport, Burslem, Grocer. Jan 6 at 11 at offices of Ellis, Market
Queen Victoria st pl, Burslem
Simpson, Samuel, Warsop, Nottingham, Butler. Jan 6 at 3 at Midland Hotel, Mansfield, Disney, George Frederick, Bnngay, Suffolk Miller, Jan 5 at 11 at South Quay, Gt Nottingham. Lees, Nottingham Yarmouth. Worship and Rising, Gt Yarmouth
Slaughter, John Edward, Bolsover, Derby, Surgeon. Jan 6 at 3 at offices of Gee, High Dyer, Jonah, Gloucester, Publican, Jan 11 at 11 at offices of Champney, College crt, st, Chesterfield Gloucester
Slinger, Thomas, Clitheroe, Lancaster, Coach Builder. Jan 5 at 11 at office of Wheeler Duckworth, Augustus, Seaforth, Grocer. Jan 5 at 12 at offices of Culshaw, Lord st, and Fletcher, Preston New rd, Blackburn Liverpool
Smith, Richard, Wolverhampton, Solicitor. Jan 7 at 11 at Lion Hotel, Lichfield st, Dwyer, Edward, Treforest, Llandwitfardre, Glamorgan, Grocer. Jan 5 at 12 at offices of Willenball Morgan, Mill st, Pontypridd
Smith, Robert, Norwood rd, Tulse Hill, Builder. Jan 3 at 2 at offices of Cleft, Cheap. Eld, John William, Stafford, Tobacco Merchant. Jan 2 at 2 at office of Warmington and side Thompson, Castle st, Dudley
Stead, George, Cleckheaton, York, Maltster, Jan 4 at 3.30 at Victoria Hotel, Gt George Emmerson, Thomas, Clee, Lincoln, Lodging house Keeper. Jan 2 at 11 at offices of
st, Leeds. Clough, Cleckheaton Stephenson and Mountain, Bethlehem st, Gt Grimsby
Stout, Charles, Conway, Carnarvon, out of business. Jan 4 at 11 at offices of Etty, Lord Fisher, James Charles, and Henry Schofield, Knightrider st, Mantle Manufacturers. Jan 12 at 12 at offices of Peacock and Goddard, South sg, Gray's inn
st, Liverpool Forrester, Thomas, and Isaac Taylor, Chorley, Lancaster, Dyewood Millers. Jan 10 at 3
Tasch, Berman, Euston rd, Butcher. Jan 5 at 11 at offices of Beal and De Soyres,
Regent st at Mitre Hotel, Cathedral Gates, Manchester. Barrow and Smith, Manchester Foster, George, Swansea, Boot Dealer. Jan 4 at 4 at offices of l'arsons, Victoria chbrs, Taylor, Enoch, Nottingham, Cutlery Dealer. Jan 6 at 3 at office of Whittingham, Middle High st, Bristol. Evans and Davies, Swansea
pavement, Nottingham Francis, David, Blaenrhydn, Carmarthen, Farmer. Jan 3 at 11 at offices of Howell, Taylor, James Purdey, and Thomas Wilson, Exeter, Brush Manufacturers. Jan 3 at 1
Stepney st, Llanelly
Hotel, High st, Rochester. Shakespear, Newgate st
Tekell, Elizabeth, Cheltenham, Milliner. Jan 7 at 11 at offices of Clarke, Regent st, Portmadoc. Roberts and Thomas, Carnarvon
Cheltenham Guest, Charles, Chester, Joiner, Jan 13 at 2.30 at offices of Brabner and Court, Cook sy, Thomas, Elizabeth, Peddaulwynn ganol Farm, Carmarthen. Jan 3 at 2 at offices of Liverpool
Howell, Stepney st, Llanelly Harlock, George, Nantwich, Chester, Manufacturing Clothier. Jan 3 at 12 at offices of Thompson, William, junr, Hightown, Liversedge, York, out of business. Jan 3 at 11 Martin, Welsh row, Nantwich
at offices of Clough, Railway st, Cleckheaton Harradine, John, Upper Gravenhurst, Bedford, Farmer. Jan 10 at 3 at Sun Inn, Hitchin Constance, James, and William Vann, Gloucester, Linen and Woollen Drapers. Jan 4 Benning and Son
at 1 at 145, Cheapside. Taynton an Sons, G ester Harrison, Henry, Westgate, Guisborough, York, Flour Dealer. Jan 3 at 3 at offices of Walls, John William, South Lancing, Sussex, Grocer. Jan 4 at 3 at offices of Goodman Draper, Finkle st, Stockton-on-Tees
North st, Brighton. Holmes, Worthing Hill, John Bettridge, Birmingham, Silversmith. Jan 4 at 2 at offices of Sargent and Washington, Isaac Smith, Halifax, Woolstapler. Jan 6 at 11 at offices of Longbottom, Son, Bennet's hill, Birmingham
Carlton st, Halifax Hughes, Joseph, Birmingham, Baker, Jan 5 at 11 at office of Huggins and Mallard, Watson, Henry Thomas, Ormside st, old Kent rd, Miller. Jan 10 at 2 at offices of Newhall chmbrs, Newhall st, Birmingham
Baron, Mitre crt, Temple Ingham, John Zebulon, Sheffield, York, Tailor. Jan 5 at 2 at Sheffield District Incor- Weinberg, Tobias, Jarrow-on-Tyne, Durham, Clothier. Jan 6 at 3 at offices of Newlands porated Law Society's Rooms, Sheffield
Ellison st, Jarrow-on-Tyne Ironmonger, John Charles, West Ham, Essex, Dairyman. Dec 29 at 11 at 49, Bromley Weston, Francis, Cardiff, Glamorgan, Fancy Dealer. Jan 9 at 11 at offices of Jones, st, Commercial rd East, Stepney. Archer, Gellatly rd, Peckham
Pbiharmonic chmbrs, St Mary st, Cardiff Johnson, Thomas Glaves, Filey, York, Draper. Jan 6 at 3 at Merchants' Hotel, Oldham Widnall, Robert, Nottingham, Fruit and Potato Salesman. Jau 10 at 4 at George $t, Manchester. Richardson, Scarborough
Wileman, George, King's Heath. Worcester, Dairyman. Jan 5 at 3 at offices of Wright
and Marshall, New st, Birmingham Wright, Thomas Powell, Stourbridge, Worcester, Licensed Victualler. Jan 6 at 11 at
offices of Collis, Union chmbrs, Stourbridge
TUESDAY, Dec. 27, 1881.
Chatham. Norman, Chatham
at 2.30 at offices of Phillips and Co, New st, Shifnal
Queen st, Wolverhampton
lane, Cannon st
Martin's lane, Cannon st
Thompson and Symm, Hamilton sq, Birkenhead. Thompson, Birkenhead
Wool Comb Makers. Jan 6 at 11 at offices of Peel and Co, Chapel lane, Bradford
st, Burslem, Tompkinson and Furnival, Burslem
Victoria st. Stacpoole, Pinner's hall, Old Broad st
of Armstrong, Chancery lane
offices of Miller and Co, Church st, Kidderminster
Basinghall st. Prockter and Co, Prince's st, Spitalfields
office of Iven and Co, Bank bldgs, Exchange st, Kidderminster
Jan 10 at 12 at offices of Beale and Co, London st, Reading, Berks
Fawcett st, Sunderland
Coleman st. Pearce, Southampton
Templecombe, Somerset. Balch, Bruton
and Taylor, Portland st, Southampton
Hotel, Piccadilly, Manchester, in lieu of place originally named
church lane, King William st
offices of Herbert, Vigo st, Regent st
hall, Gray's inn rd. Lewty
Ino, Bank st, Sheffield
Hotel, Warebam. Howard, Weymouth
hagen st, Worcester
Moorgatr st bldgs. Pritchard and Sons, Gracechurch st
Inn, Wolverhampton. Saunders, Wolverhampton
Masons' Hall Tavern, Masons' avenue, Basinghall st. Parker and Ponsford, Finshury
Frederick st, Llanelly
offices of Coldicott and Son, Castle st, Dudley
Perkins, George Joseph, Melksham, Wilts, Schoolmaster. Jan 6 at 4 at the Lopes Arms
Inn, Market pl, Westbury. Titley
High st, Ranbury, Oxford
Thomas and C. J. Dove, Post Office chmbrs, Newcastle-upon-Týně
Severn cumbrs, Middle pavement, Nottingham
16 at 3 at the Mason's Hall Tavern, Mason's avenue, Basinghall st. Harte, Moor-
Gibson, West st, Sittingbourne
at offices of Cannon, Wool Exchange, Coleman st
Nicholas st, Bristol. Essery, Bristol
man, Friar st, Reading
offices of Webster and Styring, Hartshead, Sheffield. Wynne and Son, Chancery lane Sweeting, Frederick James, Cathedral Hotel, St. Paul's churchyard, Licensed Victualler,
Jan 11 at 3 at the Inns of Court Hotel, Holborn. Cox, Lincoln's-inn-fields
and Co, Church st, Oldbury
Halford st, Leicester
Cults, Market Hall chmbrs, Chesterfield
Association, Arthur st, East. Carter and Bell, Eastcheap
Portsmouth. Hamilton, Urry, and Marsh
at 2 at the Hall of the Hull Incorporated Law Society, Lincoln's-inn-bldgs, Bowlalley
Clegg and Sons, Victoria chmbrs, Fig-tree lane, Sheffield
St. Edmunds. Salmon and Son, Bury St. Edmunds
Battiscombe, Market pl, Leicester
Collingwood st, Newcastle-upon-Tyne
Townhall chmbrs, Colchester
135 CASES BEFORE THE BANKRUPTCY IMPLIED WARRANTY ON SALE OR HIRE
141 OF CHATTELS..
136 COUNTY Courts .................... 141 BANKRUPTCY LAW REFORM .......... 137 OBITUARY
viini.......... 142 CORRESPONDENCE
139 LEGAL APPOINTMENTS ................ 142 CASES OF THE WEEK
COMPANIES .......................... 112 Spencer v. Hart
140 LEGAL NEWS. ....................... 113 Jones v. Hensler ................. 140 CREDITORS' CLAIMS
143 In re Colgan ....... 140 Court PAPERS
144 LONDON GAZETTES, &C., &C........... 144
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SCHWEITZER'S COCOATINA, AN IMPORTANT CONVENIENCE TO LAW WRIT ER
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MAXBBS with the excess of fat extracted.
The Faculty pronounce it "the most nutritious, per. This new Ink supplies the demand continually made bu
BY SPECIAL APPOINTMENT,
To Her Majesty, the Lord Chancellor, the Whole of the Being without sugar, spice, or other admixture, it suits the Pens in the least corroded by it. The existing Red
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colour of this ink is not affected by use upon parchment to a Breakfast Cup, costing less than a halfpenny. and is consequently of great value to Solicitors and
CORPORATION ROBES, UNIVERSITY & CLERGY GOWNS, COCOATINA A LA VANILLE is the most delicate, digestible, Draughtsmen.
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ENRY GREEN, Advertisement Agent, REGISTER of ESTATES, TOWN and COUNTRY
(acquired abroad), German, Music, Singing, and Drawing.
begs to direct the attention of the Legal Profession HOUSES, Furnished or Unfurnished, or for Sale, to be
to the advantages of his long experience of upwards of had GRATIS at their Olices, or post-free for two stamps. Published on the 1st of the month, and particulars for
thirty years, in the special insertion of all pro forma
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Chambers), Offices or Residential Chambers in convenient strictest care and promptitude assured. Official stamped Valuations for Probate and Transfer. Surveys.
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difficulty occurs; and as our readers know, in not a few instances, CURRENT TOPICS.
inclusive scales of charges are already frequently adopted by solicitors in dealings with their clients. The writers forget that
so long as a solicitor remains liable to his client for negligence THERE IS SOME PROBABILITY that the Lord Chancellor will sit in conveyancing matters, it will always be worth his while, in with the Court of Appeal at Lincoln's-inn during the early days matters of any difficulty, to obtain shelter under the authority of of the ensuing sittings.
counsel. And with regard to the so-called abolition of pleadings, it may be safely affirmed that there will always be sufficient
cases requiring pleadings to save the junior bar from despair. The APPEAL List for Hilary Sittings contains 63 Chancery What the ultimate effect of the changes suggested will be is a appeals, 73 appeals from the Queen's Bench Division, 10 from the different matter, which requires more lengthened consideration Probate, &c., Division, and 10 from the Court of Bankruptcy;
than we can give it here. making a total of 156 appeals. A year ago there were 191 appeals, and two years ago 320.
ATTENTION HAS BEEN RECENTLY DIRECTED to the facility AS THERE WILL BE NO SITTING of the Court of Appeal at statutory restrictions upon its sale, which are chiefly contained
with which poison may be acquired, and it may be well to notice the Westminster during the absence on circuit of Lords Justices in the Pharmacy Act, 1868 (31 & 32 Viot. č. 121), as amended by BAGGALLAY, Cotton, and LINDLEY, applications for early hear the Pharmacy Act, 1869 (32 & 33 Vict. e. 117). By section 1 of ing at Lincoln’s-inn of Westminster interlocutory applications the Act of 1868 no person may keep open shop for the sale of may be made to the court at Lincoln's-inn.
poisons, unless he be a chemist registered under that Act, “and conform to such regulations as to the
selling of such TAE CAUSE-Lists of the Chancery Division for Hilary Sittings maceutical Society with the consent of the Privy Council.” By
be will contain 194 causes before Vice-Chancellor HALL; 87 causes section 17 it is unlawful to sell any poison whatever unless the before Vice-Chancellor Bacon ; 95 causes before Mr. Justice Fry; vessel in which the poison is contained be labelled “ poison, 51 causes before Mr. Justice Kay, and 200 causes before Mr. Justice with the name and address of the seller, and to sell any of the CHITTY, making a total of 627 causes before the five judges of the poisons specified in the first part of schedule A. to that Act, or Division. It is not a little curious that, at the commencement of " added thereto" by resolution of the Pharmaceutical Society, the last sittings, there were exactly the same number of causes in confirmed by the Privy Council, " to any person unknown to the these lists. A year ago-riz., at the commencement of Hilary seller, unless introduced by some person known to the seller." Sittings, 1881—there were 477 causes, being exactly the same It is added, that“ on every sale of every such article the seller shall, number as at the commencement of the previous Michaelmas before delivery, make, or cause to be made, an entry in a book to Sittings.
be kept for that purpose, stating the date of the sale, the name
and address of the purchaser, the name and quantity of the article THE GLOOMY VATICINATIONS contained in the preface to Messrs. sold, and the purpose for which it is stated by the purchaser to be WOLSTENHOLME and Turner's book have attracted general atten. required, to which entry the signature of the purchaser and of tion. These learned editors say that “if the orders made under the the person, if any, who introduced him shall be affixed.” But Solicitors' Remuneration Act provide for an ad valorem payment, there is a saving clause that “ the provisions of this section which covering all but very exceptional charges, ag is now the rule in are solely applicable to poisons in the first part of schedule A., or Scotland, the fees (if any) to counsel must be paid by the which require that the label shall contain the name and address of solicitor out of his own pocket, and will bear no fixed proportion the seller, shall not apply to articles to be exported by wholesale to his own remuneration. The result must be that, unless some dealers, nor shall any of the provisions of this section apply to any special difficulty arises, counsel will never be consulted, and the medicine supplied by a legally qualified apothecary to his patient, conveyancing branch of the profession will practically cease to exist. nor apply to any article when forming part of the ingredients of When to this it is added that pleadings no longer require to be any medicine dispensed by a registered chemist.”. There is also a signed by counsel, and can be, and are, drawn by solicitors ; that saving for the Arsenic Act (14 & 15 Vict. c. 13), which, though already a very large proportion of the business, including even somewhat similar in effect, is wholly unrepealed, The only more or less of the contentious business in actions, is transacted alteration effected by the Act of 1869 was to correct a clerical in the judges' chambers by solicitors or their clerks; and that the error in the form of entry scheduled to the Act. It will have abolition of written or printed pleadings seems imminent—the been seen that the Legislature has placed great reliance on the business of the outer bar is likely soon to be reduced to that of watchfulness of the Pharmaceutical Society. This body, although advocate alone." Upon this we have to observe that there is a they have as yet made no “regulations” under section 1 of the good deal in the “ifs" upon which these observations hang. It is Act, appear twice-in 1869 and in 1877 respectively to have a little hasty to conclude that the Committee (which includes the added poisons to the schedule under section 17. (See Chitty's Lord Chancellor and the Master of the Rolls) intrusted with the Statutes, vol. 4, tit. Poisons, where a list of the poisons thus added power to make General Orders for remuneration in conveyancing, is given.) The effect of the additions may be stated generally to will altogether ignore the existence of the conveyancing branch be that, whereas the first part of schedule A.” frequently names of the bar, and it is certainly premature to speculate on the particular poisons simpliciter, thus,“ prussic acid,” the the adoption by the Rule Committee of Judges of the recommen- Pharmaceutical Society tabooes also the preparations of a poison dation of the Procedure Committee relating to the abolition thus,“ preparations of prussic acid.” An important substantive of pleadings. But assuming that these changes are effected, will addition was made in December, 1877, by a resolution that “ chlora. the results be such as our authors suppose ? We should question hydrate and its preparations ought to be deemed whether, during the present generation, much change would occur. poisons in the second part of schedule A. of the said Pharmacy Act, We imagine that at present conveyancing counsel ure seldom con- 1868." The additions, it seems, by section 2, must be advertised sulted-by country solicitors at all events-unless some special in the London Gazette, and become part of the schedule after
being so advertised for a month. Once added, a poison can never claim is equivalent to a cross-action.
In Vavasour v. Krupp be taken out.
(L. R. 15 Ch. D. 474), JESSEL, M.R., thought it was not. It seems to us that, apart from the interpretation of the existing rules, which
may be ambiguous, the law ought to be that the counter-claim The case of Gathercole v. Smith (L. R. 7 Q. B. D. 626), raises should be equivalent to a cross-action. Why should a defendant a very curious point as to the effect of the provisions of the Judi- who wishes to insist on the subject-matter of the counter-claim, cature Act with regard to counter-claims. A retired incumbent though the plaintiff discontinues the action, be cbliged to bring a brought an action against his successor to recover the arrears of fresh action and plead de novo ? It is a question of machinery ; a pension under the Retired Incumbents' Resignation Act, 1871, if the present rules do not conveniently provide for it, they should and the successor, by way of set-off and counter-claim, claimed, be modified. upon an unsatisfied judgment against the plaintiff, a larger amount than the claim. It was held that this claim was not available by THE QUESTION of the constitution of the benches of the Inns way of defence, properly so called, because the pension was of Court, which is raised by Messrs. WOLSTEN HOLME and TURNER by law inalienable. It may be that if a pension cannot be in their preface, is one which is at present exciting a good deal assigned for a present or future consideration, and, therefore, of attention among the outer bar. “At Lincoln's inn it is stated cannot be charged, no set-off is available against a claim to it, for, that one-third of the benchers have retired from profesin substance, that would be to alien it for a past consideration. sional practice. On the benches of the other Inns the But then the question arises, What is to become of the counter- proportion of retired benchers is somewhat less. It is obvious claim? On that question the Court of Appeal were divided, that government by self-elected bodies, a large proportion Lush and BAGGALLAY, L.JJ., being of one opinion, and BRAM- of the members of which have comparatively little acquaintWELL, L.J., of the other. The majority were of opinion that the
ance with the wants and ideas of the bar, is unsatisfactory. counter-claim fell to the ground. The judgment could not be for Our authors' remedy is “a bar association constituted under public the balance, because that would practically be to charge the authority, with a governing body truly representative of the propension, and they seemed to think that, this being so, there could fession, empowered to enforce discipline, to settle authoritatively be no judgment on the counter-claim, except dismissing it. all matters affecting the practice of the bar, and generally to keep BRAMWELL, L J., was of opinion that judgment ought to be watch over the interests of the members.” Several years ago, with given for the plaintiff on the claim, and an independent reference to the discussion raised upon Mr. Neate's case, we judgment for the defendant on the counter-claim. The matter is propounded a scheme (which we know at the time would have really very much more a question of procedure than of substantive been received with approbation by not a few of the then benchers) law. The plaintiff must have his judgment and execution for the for the constitution of a Council of Discipline, to be composed of a whole of his claim. The only question seems to be whether, definite number of representatives from each Inn of Court, elected in order to get the judgment to which he is clearly entitled in by all barristers of above a certain standing—say seven years—the respect of the subject matter of the counter-claim, the defendant choice of the electors to be confined to those of the benchers of must sue in an independent action, or can have judgment in the their own Inn who are, at the date of the election, in actual same action. As matters stood in this particular case, the defend-practice. At that time we had in view only the question of the ant already having a judgment, it did not-except, perhaps, so far exercise of discipline ; having regard to the extended purposes as costs were concerned-much matter whether he got a judgment for which such a body seems to be now required, some modifica. in the counter-claim on the judgment or not, if it was not avail- tion of the proposal would seem to be necessary in the direction able by way of defence to the claim against him. In another case, of representation of the outer bar; but we think that a scheme however, it might matter whether the defendant could get a judg- framed on these lines, but admitting to the council a certain promeot on the counter-claim, or must proceed by way of cross-action. portion of barristers who are not benchers, would meet the requireThe former proceeding would be less expensive, and conceivably ments of the case. the plaintiff might have goods available for seizure by way of execution. The question in this case forms part of a much larger question as to the nature and incidents of a counter-claim. Logically carried out, the view of the late Lord Justice Lush upon section 5 of the Conveyancing Act, we have taken a too
IF ANY OF OUR READERS think that in our recent comments seems very much to restrict the usefulness of the machinery given gloomy view of its possible effect upon the rights of mortgagees, we for counter-claims. The view of the late Lord Justice seems commend to their attention a note upon that section to be found to be that, though under the existing law judgment may at p. 18 of Messrs.' WOLSTENHOLME and Turner’s work. Those be given for the defendant for a balance above the claim, still the learned editois take for granted in the calmest manner all those
is a , existence; the proceeding continues an action by the plaintiff proceedings which to us seemed seriously to threaten the interests of alone. It is not two actions proceeding together for convenience of the amount of the principal in consols, with a further margin of
mortgagees. They seem plainly to think that the payment into court sake. Or, to speak metaphorically, if it is two actions, they are so £10 per cent.,
is so unexceptionable a mode of dealing with a intimately connected that, as in the case of Siamese twins, if the one dies the other dies too. BeamweLL,
L.J., regards the mortgage, that a mortgagee who is redeemed behind his back by counter-claim as substantially a cross-action.
such a process has no reasonable ground of complaint. They The view of
make no reference to the possible operation of the section upon BAGGALLAY, L.J., seems really to leave the question between these rights of consolidation : this may possibly never have occurred to two conflicting views undetermined. It determines the particular case and no more, because he only decides that in this particular Act, a passage upon the operation of section 65 (the enlargement
them. We have also noticed in an intelligent little work on the case the defendant's claim must be treated as pleaded by way of of long terms into a fee simple), which may not improbably conset-off only, and not by way of counter-claim or cross-action. it leaves undecided the question whether a counter-claim can be vey some information to a good many persons. “The framers of the subject of a judgment independently of the fate of the original the Act seem to have been unaware that a reversion in a very long action, and is, in fact, a cross-action. There are difficulties
term has sometimes a market value. To my unbounded astonisharising from the phraseology of the rules-see, for instance, ment, £200 was paid by the termor for such a reversion in some ord. 22, r. 10; but surely, if the reason and substance of the sixty-seven acres, in a case in which I was counsel in the early thing are considered, the law ought to be as decided by BRAMWELL, ever it may be." (Underhill on the Conveyancing Act, p. 25.)
of the year. The Act practically confiscates this value, whatL.J. It seems to us that the counter-claim is substantially an independent action united with the plaintiff's action for convenience, because another person may be joined in the counterclaim with the plaintiff as a party against whom the counter-claim is made. By ord. 14, r. 3, the counter-claim is to have the held in the hall of Gray’s-inn on Thursday evening, the 12th inst., at eight
The first meeting for this term of the Gray's.inn Moot Society will be same effect as the statement of claim in a cross-action, but the p.m., under the presidenoy of Mr. W. St. James Wheelhouse, Q.C. Au language of the rule is not conclusive as to whether the counter-members of the several Ions of Cuart are invited to attend.
separate estate without power of anticipation. It is desirable A TRAP FOR ENGLISH LAWYERS. that we should further develop some of the consequences of this The Married Women's Property (Scotlana) Act, 1881, which enactment. A husband has been hitherto able to sell his wife's came into operation on the 18th of July last, although its title leaseholds without her concurrence, and to give a valid receipt and some of its provisions apply only
. to Scotland, and the pre- her equity to a settlement (if any), to recover her equitable debts
for mortgage, bond, and other debts due to her, ard, subject to amble seems to point to the same restrictions as regards the whole Act, contains provisions which seem to have an important bearing plete title to these items of property ; but it seems that. hence
for his own use. The absence of a settlement gave him a comon the law and practice relating to the property of married women forward he must prove, not only that there was no settlement, in this country. The operation of the Act is not expressly limited but also that his domicile was not Scotch at the date of the to Scotland, as was the Married Women's Property (Scotland) Act, 1877; and, as it makes the rights of the parties to depend marriage. Take, for example, the case of a husband selling his on the Scotch domicile of the husband at the time of the marriage,
wife's term of years in English land; and suppose that an assignit appears to us that no one will be safe in dealing with the ment is taken from the husband alone. What will be the position property of a married woman without reference to this Act, unless of the purchaser if it should afterwards turn out that the wife it is abundantly clear that the husband was not domiciled in doubt that of a purchaser who tukes a conveyance from a person
was entitled under this Act for her separate use ? Without a Scotland at the time of the marriage.
The cardinal provision of the Act is contained in the 1st having no title. The wife will be able to recover the lands in section, which provides that, where a marriage is contracted after the same manner as if he had taken an assignment from a mere the passing of the Act, and the husband shall, at the time of the stranger. His position is closely analogous to that of a purchaser the passing of the Act, and the husband shall, at the time of the of freeholds from a man married before the Dower Act. In both marriage, have his domicile in Scotland, the whole moveable or personal estate of the wife, whether acquired before or during the cases he takes subject to the wife's rights. The same observamarriage, shall, by operation of law, be vested in the wife as her tions might be repeated with reference to debtors of the wife payseparate estate, and shall not be subject to the jus mariti. ing the Lusband, and to executors and others handing over to The language of this enactment seems to have been studiously In a word, if the husband had a Scotch domicile at the time of
him the unsettled funds to which the wife has become entitled. chosen so as to apply both to English and Scotch law. Thus the former knows nothing of " moveable,” nor the latter of “personal'
the marriage his receipt is waste paper. estate ; and it would seem that the section must be read in each in some cases almost insuperable-depending as it does on
The difficulty, moreover, in actually determining the domicile is country as if the inappropriate words were cut out. If this be the proper construction, the remarkable result would seem to follow that, multitude of minute circumstances from which the intention has in England, leaseholds are included in the Act, while in Scotland to be ascertained. A double difficulty is frequently presented in they are not; and this whether the domicile of the husband has conflicts between Scotch and English domiciles where the person been changed or not, and in whichever country the court of con
has, as not unfrequently happens, residences in both countries, struction may be situated. Whatever may be the operation of the and divides his time between the two. As an example of the section in this respect, it is clear that it applies-unless excluded great complexity that sometimes prevails in such cases, reference by ante- nuptial settlement—to marriages wherever contracted, and may be made to Lord Somerville's case (5 Ves. 750) and to Douglas to property whenever acquired. Without the interposition of a v. Douglas (L. R. 12 Eq. 617). To make the ordinary transtrustee, it effects a statutory settlement of the wife's personalty, actions of life depend on the determination of such questions as which cannot be subsequently defeated by a change in the were involved in those and hundreds of similar cases is, we think, husband's domicile. The income of the property is, by the 2nd a great legislative error. sub-section, made payable to the wife on her “individual receipt";
The small number of cases to which the statute actually applies but she is restrained from anticipation of the “ prospective in- in this country seems to increase the danger of trustees and others come,” and can dispose of the property only with the consent of acting in ignorance of its provisions; and we venture to submit her husband.
either that it should be amended so as to confine its operation to Section 2 deals with the subject of heritable property in Scot- the territorial limits of Scotland, or else that the law of England land belonging to the wife, and appears to make the rents cf such in relation to these matters should be placed on a similar footing. property her separate estate whatever may be the domicile of the parties.
In the case of marriages which have taken place before the passing of the Act, it is provided, by section 3, that the provisions THE VERDICTS OF CORONERS' JURIES. of the Act are not to apply where the husband has made a " reasonable provision for his wife in the event of her surviving A RECENT case of a very painful nature has brought out in a him”; and in other cases only to after-acquired property of the most striking way the anomalous nature of the proceedings of wife. Section 4 enables persons married before the passing of the coroners' juries. A young woman who had been seduced comAct by “mutual deed” to adopt its provisions; but as it proceeds mitted suicide by poison, and the coroner's jury, in finding their to vest the estate in the wife upon registration of the deed“ in the verdict, appended thereto a rider censuring the seducer in someregister of deeds at Edinburgh, or in the sheriff court register of what vehement terms, and expressing the opinion that he was the county in which the parties reside,” and upon advertisements morally responsible for the girl's death. Thereupon the coroner being inserted in certain Scotch newspapers, the section would seem took upon himself to deliver a long lecture to the man so censured, to have no application out of Scotland. The same remark applies indorsing the opinion of the jury. The merits of the particular to section 5, which empowers the Court of Session, or the sheriff case have, in our opinion, nothing whatever to do with the general court, to dispense in certain cases with the husband's consent to questions that must suggest themselves upon these proceedings any deed relating to the estate of the wife.
to every mind possessed of the smallest aptitude for legal conThe next two sections confer on the husband and children of a siderations. It may or may not be that the opinion expressed woman who dies domiciled in Scotland rights in respect of her by the jury was justified in the particular case. The conduct of “ moveable succession” analogous to those which, by the law and the person implicated was, on his own showing, highly immoral. practice of Scotland, the wife and children take in that of their The extent of the misconduct of which he was guilty depends on deceased husband and father respectively; but as these sections various disputed questions of fact which were not in issue before relate solely to administration in the Scotch courts, we pass at the jury, and which it is not our province to discuss.
But assumonce to the consideration of the Act in so far as it seems to affect ing his conduct to have been as bad as it could possibly be, the English law.
considerations which we wish to put forward remain unaffected. Referring, then, to the enactment in section 1, it seems that if The question that suggests itself to every lawyer in this and a domiciled Scotchman marries a woman in this country, her per- other similar instances is, by what authority, or in the performance sonal property—leaseholds, chattels, and choses in action-will
, in of what legal function, did the coroner's jury and the coroner take the absence of express ante-nuptial settlement, be subject to the upon themselves to act as they did ? It is no part of their duty, as we provisions of this statute-namely, it will be and remain her understand it, to pass moral judgments on the conduct of people, ex