Page images
PDF
EPUB

which would be incapable of alienation. And there was authority to show that the words "charge or incumber" might be read as meaning "attempt to charge or incumber."-SOLICITORS, Mercer & Mercer; Poncione & Leggatt; Kingsford, Dorman, & Kingsford; John Hales.

CASES BEFORE THE BANKRUPTCY REGISTRARS.
(Before Mr. REGistrar Murray, sitting as Chief Judge.)
Dec. 21.-Ex parte the Comptoir d'Escompte de Paris, Re Caird and
Williamson.

[ocr errors]

R. Brothers, a Calcutta firm, drew bills upon C. & W., a London firm, who accepted them against certain consignmente. R. Brothers sold the bills and shipping documents to a bank under a letter of hypothecation, to which the London firm was not a party. Both R. Brothers and the London firm went into liquidation, and the bank sold the goods, and sought to charge against the proceeds a commission of 2 per cent. payable to them under the letters of hypothecation.

Held, affirming the decision of the trustee, that the London firm was entitled to credit for the whole amount realized, less the charges of sale, and that the commission must be deducted from a proof made by the bank against the estate of the London firm.

This was an appeal by the Comptoir d'Escompte de Paris from a decision of the trustee under the liquidation of Messrs. Caird & Williamson, rejecting in part a proof made by the appellants against the estate of the debtors.

The debtors, who were merchants in London, were correspondents of Rushton Brothers, of Calcutta. One of the firm of Rushton Brothers carried on business in London, and acted as the London agent for the Calcutta firm. The Calcutta firm were in the habit of making consignments of goods to this country. They drew bills of exchange in the ordinary way against these consignments, and sold the bills with documents attached to various bankers. In order to render the sale of the bills more simple the bills were drawn upon the debtors, and not upon the London partner of Rushton & Co. The appellants at the date of the petition for liquidation by the debtors were the holders of bills drawn by Rushton Brothers upon the debtors, and which had been sold by the drawers to them, accompanied by bills of lading and other shipping documents of cotton and other produce, and which were indorsed and delivered to the appellants, accompanied in each case by a letter of hypothecation sigred by Messrs. Rushton Brothers, and addressed to the appellants.

wrote to H. asking him to accept the bills against the goods. H. gave an acceptance" Accepted payable at the I. Bank on the delivery up of the bills of lading." At the time when the bills became payable the affairs of H. were in course of liquidation by arrangement. In that case the Court of Appeal held that the conditional acceptance made the security of B. virtually a security on property of H., and that B. could not prove against the estate of H. without deducting the value of the security. Ex parte Oriental Bank (30 L. T. N. S. 803) is undistinguishable except on the point of notice.

F. W. Hollams, for the trustee.-The debtors have nothing to do with the firm of Rushton & Co. except in this way, that in order to facilitate tran.. actions with them, they agreed, in consideration of a commission, to accept bills, and to protect themselves they accepted conditionally against the bills of lading. The commission sought to be deducted is an exceptional and special commission which can in no way form part of the expense of realizing the goods. The bills were accepted in certain terms only, and the appellants the parties to the agreement assented to them; and the onus is on the other side to show that they did so. Aspland, in reply.

cannot introduce terms into written contract unless there is evidence that

Mr. REGISTRAR MURRAY said there was no question of custom in this case, and he could not reverse or vary the decision of the trustee. The holders of the bills of exchange had entered into a contract with Messrs. Rushton that the bills should be paid and the bills of lading taken up, but there was no contemporaneous contract with Messrs. Caird & WilliamThe letters of hypothecation were never produced when the bills were accepted, and it was not shown that the debtors had notice of the letters or and the decision of the trustee affirmed." consented to be bound by them. The appeal must be dismissed, with costs,

son.

Solicitors for the Comptoir d'Escompte, Lyne & Holman. Solicitors for the trustee, Hollams & Co.

SOCIETIES.

NOTTINGHAM INCORPORATED LAW SOCIETY.
The following are extracts from the report of the council:-
The present number of members is 105, the number last year being
ninety-one.

Solicitors' Remuneration Act, 1881.-This Act was fully considered by the council during its passage through Parliament, and alterations suggested therein. Since the passing of the Act the council has received for its con-. :-Insideration from the Incorporated Law Society, U.K., a draft of the General Order proposed to be submitted to the Lord Chancellor and other persons empowered by the Act to issue General Orders. This order the council carefully considered and made suggestions thereon; their policy being to secure the promulgation of such a scale of charges as, while fair to the profession, would be liberal to the public, and so ensure in practice its satisfactory and complete adoption. A special meeting of the Associated Provincial Law Societies was held in London to consider the draft order, at which meeting your council was represented by Mr. H. Wing and Mr. H. R. Thorpe. Though the scale suggested by the Incorported Law Society, U.K., was, with some slight modifications, approved by your council, it was nevertheless regarded as inadequate by the representatives of most of the Associated Provincial Law Societies present. Your council bas, however, every reason to believe that the General Order to be shortly issued will be in substantial accord therewith, and prove acceptable to the general body of the profession.

Clause 4 of the letter of hypothecation was in the following terms case default should be made in acceptance or payment of any of the said bills, or if the drawers or acceptors should suspend payment or apply for or take the benefit of any Act for the relief of insolvent debtors, or petition for protection, or be adjudicated bankrupt, or execute any deed of arrangement or composition or inspectorship, or take any other steps whatsoever towards effecting a compromise or arrangement with their creditors during the currency of the said bills, you may at any time after either of the aforesaid events taking place sell the said goods or any part thereof without notice to, or the concurrence of, any person whomsoever, without waiting for the maturity of the said bills, and either by public auction or private sale, and in this case you are to be at liberty to act in all respects as if you had been the direct consignee of the goods, charging such commission and being accountable as is usual between a merchant and his correspondent in ordinary cases, and shall apply the net proceeds of any sale or sales thereof (after deducting any payments made under the power therein contained, with interest thereon, and the usual commission and charges) in pay ment of the said bills with interest if overdue, and with re-exchange and other charges, the balance, if any, to be retained and applied by you in liquidation of any debt or liability of ours to you, whether or not the same be then due or ascertained, it being hereby agreed that the goods themselves, until sale, shall be liable for, and to be charged with, the payment of all such disbursements, interests, commission, charges, re-exchange, debts or liabilities as aforesaid, and we hereby agree that all account sales and accounts current furnished by or through you in respect of the said goods shall be received by us as sufficient evidence of the accuracy of the transactions to which they respectively refer, and shall not be open to objection of any kind.

For the accommodation afforded by the debtors in accepting the bills they received a commission, and when the bills arrived in this country they were presented to them, and accepted against delivery of the particular documents against which they were drawn, and upon the maturity of the bills the London partner of Rushton & Co. retired them, received the documents, and realized the goods, the debtors having nothing further to do with the transactions after giving their acceptances. The present claim arose in respect of bills of exchange thus drawn and accepted.

Rushton Brothers and the debtors suspended payment before the bills of exchange in question matured, and the appellants, the Comptoir d'Escompt, sold the goods and sought to charge against the proceeds a commission at the rate of 2 per cent., which was payable to them by Rushton Brothers under the terms of the letter of hypothecation. The trustee under the liquidation of the debtors disputed their right to make such a reduction, and claimed to be entitled to the whole amount realized, less the charges of the sale. There was no evidence that the debtors were aware of the terms of the letter of hypothecation.

Aspland, for the appellants.-In Ex parte Brett, Re Howe (L. R. 6 Ch. 858), R. & Co., consigned goods to H. for sale, drew bills on him which they indorsed to B., to whom they handed the bills as a security, and

Conveyancing and Law of Property Act, 1881.-The council begs to call special attention to this Act, and the various important alterations of the law introduced thereby, some of which are imperative, whilst others are only optional. The council recommends the members of the society generally to adopt the provisions of the Act wherever no special or particular reasons exist to the contrary; but it would suggest that, as a general rule, it may be expedient in mortgage deeds expressly to exclude the power to lease given by the Act, and to provide for the insurance of the mortgaged property by the mortgagor. The new council may think it desirable to issue some ordinary common forms settled by counsel, so that uniformity of practice may be promoted.

Report on Legal Procedure.-This report has received considerable attention from the council, and a deputation attended a meeting of the Associated Provincial Law Societies, in London, thereon. The following are the resolutions passed thereon by your council:

As regards Suggestions 1 and 3.-That it is advisable as far as possible to shorten pleadings, but not to abolish them altogether. Pleadings in some form should be retained, so far as necessary to raise defined issues between the parties.

As regards No. 2.-That in the absence of pleadings the proposed summons for directions would in most cases be ineffectual, and would lead to great expense; but the proposal would be useful after statement of defence is delivered or pleadings closed. It is assumed that in all cases covered by the suggestions district registrars are to have the powers given to masters.

As regards No. 4.-Approved, subject to the addition of the words, "In relation to the subject-matter of the summons." As regards No. 5.-Approved.

As regards Nos. 6, 7, 8, 9, and 10.-No resolution passed; the council neutral.

As regards No. 11.-That this suggestion be approved, on the assumption that "debtor's summons" means debtor's summons under the Debtors Act, 1869, and subject also to the omission of the words "in London."

As regards No. 12-That it is desirable that the mode of trial shall be by jury; but on the summons for directions an order may be made that the same be tried by a judge without a jury.

As regards No. 13.-That the expense of taking the notes of evidence should he borne by the State, but that either party requiring a transcript thereof should pay for it; and that the official note of the evidence should be accepted as evidence.

As regards No. 14.-Approved.

As regards No. 15.-Approved, provided some provision be made, when necessary, for stay of proceedings until the motion is disposed cf.

As regards No. 17.-Approved; but the following resolution was passed with reference to the assumption mentioned in the suggestion that the procedure by way of official referee is to be continued:-That the office of official referee, as at present constituted, has not worked well, and should be abolished.

As regards Nos. 18 and 19.-Approved.

As regards No. 20.-That much of the expense of litigating actions under £200, and indeed of litigating actions generally, is caused by the rules of the bar requiring a Queen's Counsel to have a junior whenever he appears for the plaintiff, and by the amount of fees paid to counsel generally. That the taxing master should have a discretion as to the allowance of the fees of more than one counsel in all cases. That the scale for remuneration of solicitors is low enough already, and it could not justly or advantageously be reduced.

As regards No. 21.-Approved. It is, however, suggested that in cases where the evidence is material, such parts as may be material or relied upon, as also the decision of the judge, should be printed from the shorthand writer's

Lotes.

As regards Nos. 22 and 23.-Approved.

As regards No. 24.-Approved, subject to the following amendment :For the words, "a compulsory arbitration has been ordered," read, "there is

a reference to an arbitrator."

As regards No. 25.-Approved, subject to the following addition :-No revised scale should be less remunerative than the present scale of costs in the Chancery Division.

As regards No. 26.-Approved.

A committee has been appointed by the Incorporated Law Society, U.K., to consider this matter, and it is believed that it will shortly report fully thereon, making several new suggestions. When this is done, another meeting of the Associated Provincial Law Societies will probably be held to consider the same.

Local Centres.-In consequence of the present Attorney-General, in March, 1879, having called the attention of the House of Commons to the necessity of giving increased facilities for the dispatch of both civil and criminal business in the provinces, a meeting of the Associated Provincial Law Societies was held on the 19th of January, 1881, at which the following resolutions were adopted :

1. The inadequacy of the present arrangements for the trial of causes in the large centres of population has long been admitted. The causes of this state of things have been fully stated on previous occasions, and it is unnecessary now to do more than shortly to recapitulate them.

2.-The opportunities for the trial of causes are not sufficiently numerous, and this leads to an accumulation of business at the assizes now held. The time allowed at the assizes for disposing of the civil business is insufficient, and this causes arrangements of the most inconvenient kind to be made for the dispatch of business. The trial of causes is unduly hurried, and questions of law arising on trials, instead of being decided, as they ought to be, after argument, by the judge during the sitting, are postponed for argument and decision in London at some subsequent period, thus greatly increasing the expenses. 3.-The consequences to the public interested are-that the decisions of questions of great importance are often unduly delayed; that causes, if tried at all, are frequently disposed of under conditions of haste and pressure which are very unsatisfactory; that causes which both parties desire to have tried, and in the preparation of which for trial great trouble and expense have been incurred, are, against their wish, and under the alternative of being made remanets to a subsequent assize, either referred to arbitration, which simply means the waste of the money spent in preparing for trial, and the adoption of a method of decision almost invariably tedious, costly, and distasteful to the parties concerned; or compromise, equally distasteful to them, on terms which might as well have been arranged before the expense and trouble of getting up the case for trial had been incurred.

4.-For these grievances the most effectual remedy would seem to be the adoption of the system advocated by the present Attorney-General in the House of Commons, on the 21st of March, 1879-viz., the establishment of local centres of the High Court of Justice, with continuous sittings within the districts attached to them.

5.-It is suggested that Liverpool, Manchester, Leeds, Birmingham, and such other places as may bereafter be decided upon, should be constituted local centres, with proper districts allotted to them, and that subject to arrangements for reasonable vacations, and perhaps for occasional sittings for criminal business, a judge of the High Court should be continuously engaged in disposing of all civil actions arising within the district.

6. It is not contemplated or desired that judges should reside permanently within the districts of local centres. The rotation in which they would attend, and the period during which the rotation judge would remain within the dis trict, are matters which could best be arranged by the judges themselves with reference to their other engagements.

7.-All questions of law arising on the trial of any action should be decided and judgment given at the place of trial by the judge before whom the action is tried.

It being considered that a strong case had been made out for continuous

sittings in Manchester and Liverpool, the law societies of those places, through Mr. Whitley, M.P., pressed the Government to adopt the scheme in those localities. The council asked our borough members, Col. Seely and A. Morley, Esq., to support Mr. Whitley in his endeavours, and they promised to consider the matter. It is now proposed that a deputation from the various provincial law societies should wait upon the Home Secretary, urging him to carry the above resolutions generally into effect. The council feel that this is a matter which will require the serious consideration of the new council; as although a "local centre " established for the counties of Nottingham, Leicester, Lincoln, and Derby would, no doubt, prove a great convenience to suitors, still it is a great question, if the centre" is to be as far away as Birmingham, whether the alteration would prove of more advantage than the present system.

Solicitors Certificate Duty. In respect of this duty, which in 1880 amounted to £103,227, paid by 15,757 solicitors, the council passed the following resolutions:

1.—That in the opinion of this council, the imposition of a tax upon solicitors for practising their profession is unfair in principle and harsh in effect, and ought to be abolished.

sum,

2. That copies of the foregoing resolution be forwarded to the Incorporated Law Society of the United Kingdom and to the provincial law societies, and that they be invited to co-operate in obtaining the abolition of the above tax. The resolutions were first sent to each of the provincial law societies, seven of which only replied thereto. Of these, Carlisle, South Durham and North Yorkshire, and Wolverhampton assented. Exeter, Newcastle-upon-Tyne, and Sheffield dissented. Liverpool advocated a reduction of the duty to a nominal for the purpose of preserving the machinery created by the Attorneys Acts of 1843 and 1860. In consequence of the above difference of opinion, and of the apathy shown by the great majority of the provincial law societies, and the council having brought the question before the annual meeting of the Associated Provincial Law Societies, when, as will be seen on reference to the report of the deputation attending that meeting (see Appendix "C"), the subject was not entertained, the council have not laid the matter before the Incorporated Law Society, U.K., feeling that any agitation to secure the abolition of the duty can only be made successful by the hearty co-operation of all the societies.

Telegraph and Telephone Wires.-The council in its last report called atten. tion to the necessity of legislation as regards private telegraph wires. They accordingly brought the matter before the annual meeting of the Associated Provincial Law Societies, but no action was taken thereon. The council regret this, believing it would be advantageous to the community if the law of public wires applied to those belonging to private individuals.

Bills of Sale.-The case of Sharpe v. Birch, Simpson, claimant, reported in the Weekly Notes, 1881, p. 146, having thrown great doubt on the validity of some bills of sale, the council have considered the matter, and it is of opinion that the objection raised successfully in the above case could not be substantiated against the form of affidavit given in the general rules, and which bas been used extensively in this locality.

Miscellaneous.-The council desire to remind the members that it is not requisite now for the signatures to a notice of dissolution of partnership signed in the country to be verified by a declaration, providing the attesting witness is a solicitor duly entered in the Law List.

Also that the value of freehold or leasehold property, directed by a will to be sold, may be entered in a residuary account without producing the certificate of a professional valuer, provided the solicitor shows the manner in which he arrives at the value inserted.

On Tuesday, the Irish Court for Crown Cases Reserved gave judgment upon a motion raised in the case of Thomas Colclough, the stamp distributor, now under sentence of ten years' penal servitude for defrauding the Stamp Office. The majority of the court held that the evidence to which exception was taken had been properly admitt d. Mr. Justice Barry who tried the case and reserved the question, and also Mr. Baron Fitzgerald, dissented from the judg ment. Colclough was indicted for having uttered three specific stamps. proved to be forgeries. The Crown produced several documents on the court files, and proved by an expert that the stamps on them also were forgeries, and that the dates were affixed with the instrument used in affixing date stamps on the forged documents in question. For the prisoner it was contended that there was no proof of bis having any connection with these collateral documents, and that they they were therefore inadmissible. Judge Barry admitted the evidence, reserving the question for the court whether he was warranted in permitting the jury to regard the documents issued by the prisoner as evidence of his guilty knowledge. Chief Justice Morris was of opinion that the evidence was receivable, and that counsel for the Crown would have neglected their duty if they had not pressed it in evidence as both material and pertinent to the issue, or had failed in doing so on any à priori reasoning as to the capacity or credulity of the jury or the idiosyncrasy of the judge. It was proved that Colclough had sold forged stamps, the subject of the indictIn bis office was found what might be shortly called a laboratory for forging, making such a prima facie case against the prisoner as to call for explanation. Nobody admired Judge Barry's common sense more than he, though he seemed to be diffident about it himself; but he was one of those who did not think that because a judge was entering on the trial of prisoners he was to leave his common sense outside the court as Eastern suitors left their shoes. The Lord Chief Justice held that it was the judge's duty to submit the evidence in the case of documents which bore the prisoner's peculiar trade-mark. The result was that the majority of the court thought the evidence was properly admitted, and therefore the conviction must stand.

ment.

LAW STUDENTS' JOURNAL.

INCORPORATED LAW SOCIETY.
INTERMEDIATE EXAMINATION.

The following candidates were successful at the Intermediate Examination held on the 19th of January, 1882 :

Adams, Arthur Robert

Aitkens, Geoffrey Mare

Almond, Henry

Appleyard, Henry Newman

Ashburner, Robert William
Aston, John William
Atherton, James Henry
Baker, Arthur
Barrett, Osman James
Bateson, Walter Edward
Batters, Edward Miles
Baynes, Edward Niel
Beale, Samuel Martin
Blake, Ernest John
Brazil, Frank William
Briggs, John Warren

Broomhead, Henry Broomhead
Bromwich, Henry Halford
Brown, John Frederick
Brown, Alleyne

Burbidge, Henry Simmons
Burton, Walter Francis
Butlin, Philip Mussir
Callender, Edward Gordon
Carslake, Lewin Bampfield
Challinor, Edward

Challinor, Robert Gallimore

Chapman, Henry Cantley Theobald
Cheales, John Alan Carnegie

Cholmeley, Montague Francis
Clarke, Alexander

Clark, Cecil Somers

Clarkson, Oswald Henry

Collins, George Vernon

Corsellis, George Cæsar

Court, Walter Henry

Crompton, William Wolstenholme

Crossman, Edward Herbert, B.A.
Cuthbertson, Joseph

Dixon, George Anthony

Dodd, James Jonas

Dobie, Douglas

Duke, Charles

Dyson, Maurice, B.A.

Edwards, Alfred Singleton

Edwards, Frederick Harold
Eede, Charles

Elers, William Codrington
Evans, Stanley

Fedden, William Agnew

Fendick, Albert Leopold
Fisher, Arthur

Foley, Charles Windham
Ford, Charles Bell Eustace
Foreman, Charles Nutball
Forrest, Richard Walter
Foster, Horace Edward
Fowke, Ernest Cope
Garnett, Edward William
Garrard, George Ellis
Gem, Owen Ball
Gibson, Herbert William
Giles, Edward Sharman
Gillart, Edmund
Goddard, Charles Edward
Graham, Albert Edward

Gray, James, B.A.

Greenwell, Edward Eyre
Greig, William Grant'

Gribble, Herbert Willis Reginald

Guedalla, Joseph

Hainsworth, Charles John

Hall, Thomas Walter

[blocks in formation]

Holbrook, Walter

[blocks in formation]

Matthew, George Cery

Matcham, Walter J. R.

Matthew, Henry John

Morris, Archibald Sykes
Naunton, George Herbert
Neal, Arthur

Newton, Alfred William, B.A.
Novelli, Philip Charles, B.A.
Nowell, John

Oates, Benjamin John

Parker, Robert John Crompton
Pawle, Alfred George
Payne, John Henry, B.A.
Perkin, Charles Thornton
Phillips, James Cross
Pidduck, Charles Woodward
Pigg, David John
Platnauer, Raphael
Prince, Henry
Proctor, John

Rainey, Charles Frederic
Reeve, Edmund

Reinhardt, Walter Hope
Reynolds, Louis Baillie
Richards, Thomas Glasbrook
Ridley, Edward Louis
Ridley, John Thompson
Roberts, Edward William
Rodd, Richard Robinson
Romain, David Anidjar
Roper, John James
Rowland, W.

Shaw, Marmadake Spicer
Sills, Francis Harry
Simms, Afred
Slater, P. W.

Smith, Austin Cook

Smith, John William, B.A.
Smith, William

Smith, William Frederick
Solomon, Joseph
Standen, George Douglas
Stark, Augustus

Stikeman, Mervyn Walter
Stone, Charles Henry
Sugden, Harry Percival
Swabey, Frederick Eustace
Swinson, Frederick
Symond, Elwy Davies

[blocks in formation]

The following candidates were successful at the Final Examination held on

the 17th and 18th of January, 1882 :

Adams, Charles Lemesle
Adams, John

Alcock, William
Allen, Leonard

Aplin, Frederick Charles
Ashford, William
Attwood, Matthew
Barber, Thomas William
Barrows, George William
Beamish, Josiah
Bell, Gustavus Charles
Bell, George John
Bennett, Frederick Errest
Bentley, Richard Herbert
Bernard, David Henry
Bickersteth, Hugh
Birch, Ernest

Blacklock, Thomas James Irving
Bland, John Arthur

Boote, Daniel Percival, B.A.

Boyce, Arthur Courtenay Wooll

[blocks in formation]

Earl, William

Eastley, Charles Henry
Emmett, George Henry
Evans, Daniel
Fairbrother, William Bell
Forsyth, Thomas Edward
Fort, John, B. A.
Frankland, Francis Ambrose
Frederick, Henry Penrice
Garland, Henry

Gordon, Edward Johnston
Gould, Theodore Henry, B. A.
Graham, Frank Augustus
Graham, Lawrence Brisco
Greenway, Henry
Grimes, Farnham Flower
Grover, Montague Herbert
Gurdon, Edward Temple, B.A.
Gwilt, Charles Evelyn
Hadow, Malcolm McGregor

Hammond, Henry Benjamin William
Hardman, Frederic William
Harris, Alfred Tanner
Harris, Frank Bridal
Hays, William
Heaton, Tom

Helliwell, Frederick William
Heron, John Scott

Hill, Francis Arthur
Hodges, Francis Edward
Howard, Ernest
Humphreys, Edward Wynne
Hunt, Edward

Hunt, George Henry
Jackson, Arthur Percy, B.A.
Jones, Charles Allan
Joyce, Francis Albert
Kindler, Alfred Wilkinson

King, Charles Stewart

Knowles, John Wright

Lander, Robert Ernest Foulis

Langdon, George James

Lattey, Henry, B.A.

Leech, Ernest Edward

Lewis, William James

Lingard, John Thornley

Llewellin, John Charles, B.A.

Longbottom, Lewis Henry

Longton, Henry Johnson

Lyttelton, The Hon. Robert Henry,

M.A.

McKenna, Theodore

McMaster, John Maxwell

Manning, Thorold Davys

Meade, Edward

Meek, Ernest Edwin

Metcalfe, Henry Seymour
Mills, Arthur

Mills, Thomas Storeton, B.A.

Moore, William James Rendall

Morris, Francis George
Munns, Arnold Edward
Nance, Walter Norris
Nelson, Herbert
Newman, Samuel Alfred
Nicholson, Abraham
Norton, William Henry
Nowell, Francis Joseph
Okell, John

Oldham, Arthur
Peskett, Frank

Phillips, Mervin White
Piper, Alfred Towry

Plant, Charles Harvey

Pointing, Thomas Hayward

Pope, Sydney Philip

Price, Meredydd Lewis Willy Lloyd
Procter, Richard

Rayner, Thomas Dyson, B.A.
Roberts, Harry Price

Robertson, Arthur George Shaw

Rydon, Arthur Hope
Sandeman, Samuel

Selwyn, George Arthur, B.A.
Shaw, George Malcolm

Shoppee, Gerald Augustine, B.A.
Simpkinson, Frederick George
Sinnett, James Morice, B.A.
Smith, David Duncan

Smith, Harold Oxley Chamberlain
Smurthwaite, Baynes Wright
Solly, Godfrey Allan

Spark, Thomas Blake

Spickett, James Edward

Stedman, Reginald John Mascall

Strachan, William Henry

[blocks in formation]

COUNCIL OF LEGAL EDUCATION.

HILARY EDUCATIONAL TERM, 1882. Prospectus of the Lectures of the Professors.-The Professor of Roman Law will, during the ensuing educational term, deliver a course of twelve lectures on the Roman law of ownership and other real rights. The first lecture was delivered on Monday, January 16, 1882, at 2.30 p.m. The subsequent lectures on the above subject will be delivered on Thursdays and Mondays at the same hour.

Equity. The Professor of Equity will, during the ensuing educational term, deliver a course of twelve lectures upon the principles of assignment and charge in equity. The first lecture was delivered on Friday, January 13, 1882, at 4.15 p.m., and the subsequent lectures will be delivered at the same hour on Wednes days and Fridays.

Law of Real and Personal Property.-The Professor of the Law of Real and Personal Property will deliver, during the ensuing educational term, twelve lectures on the law of vendors and purchasers of real estate, the convey. ance, and matters relating thereto. The first lecture was delivered on Friday, January 13, 1882, at 3.5 p.m. The subsequent lectures will be delivered on Tuesdays at 4 p.m., and on Fridays at 3.5 p.m.

Common Law.-The Professor of Common Law will, during the ensuing educational term, deliver twelve lectures on the principles of criminal law. The first lecture was delivered on Monday, January 16, 1882, at 4.15 p.m. The subsequent lectures will be delivered on Thursdays and Mondays at the

same hour.

UNITED LAW STUDENTS' SOCIETY.

A meeting of this society was held at Clement's-inn Hall on Wednesday, the 1st of February, Mr. D'A. B. Collyer in the chair. Mr. William Gamble and Mr. W. Denham were elected members of the society. Mr. Richardson moved "That the exigencies of Parliamentary debate require the institution of the Clôture," being supported by Messrs. Mott, Whitehouse, Joel, Parker, Parsons, and Bartrum, and opposed by Messrs. Brown, Rosher, KainsJackson, Bartley, Denniss, and Tillotson. The chairman having summed up, the motion was put to the meeting and lost by a majority of four votes. The weekly meeting of this society was held at Clement's-inn Hall on Wednesday, the 8th inst., Mr. D'A. B. Collyer in the chair. Mr. F. Harvey Samuel moved "That the British Government should remonstrate with Russia on the subject of the recent outrages on the Jews in that country." Mr. Newman seconded the motion, and an interesting discussion ensued in a rather full house. The motion had the support of Messrs. Brown and Kains-Jackson, and was opposed by Messrs. Dowson, Whitehouse, Trotter, Symes, and Parsons. Mr. Harvey Samuel replied, and the chairman, after summing up, put the question to the meeting, when the motion was negatived by one vote.

LAW STUDENTS' DEBATING SOCIETY.

Tuesday, February 7.—Mr. C. E. Barry in the chair.-Messrs. W. Wells, J. E. W. Rider, A. L. Graham, G. B. Ellis, and S. J. Hood were elected members. On the motion of Mr. Bartlett, a vote of thanks was unanimously accorded to Mr. Napier, the late secretary. The society loses a most valuable officer in Mr. Napier, who has acted as hon. secretary for more than two years, and it is to the energetic and courteous way in which he has performed the duties of his late office that the present prosperity of the Fociety is to a great extent attributable. The election of a new secretary in the place of Mr. Napier then took place, and Mr. E. G. Spiers was elected to fill the vacancy. The remainder of the evening was devoted to business, the principal part of which was the discussion of a motion, proposed by Mr. F. J. Green, for the institution of "social meetings" of the members of the society. The question raised considerable discussion, and was ultimately carried by a majority of sixteen. The duty of making the necessary arrangements for these meetings rests with the committee. There were thirty-three members present at the meeting. The debate for next Tuesday, the 14th inst., will be on the subject of the Queen's Speech.

OBITUARY.

MR. CHARLES CHAPMAN BARBER.

Mr. Charles Chapman Barber, barrister, died rather suddenly at his residence, 71, Cornwall-gardens, on the 5th inst. Mr. Barber was educated at St. John's College, Cambridge, where he graduated as ninth wrangler in 1833. He was a pupil in the chambers of Mr. Duval, the well-known conveyancer, and he was called to the bar at Lincoln's-inn in Easter Term, 1833. He was a sound equity lawyer and excellent conveyancer, and for over forty-eight years enjoyed a very large junior practice. He was a member of the Chancery Procedure Commission in 1853, and rendered valuable assistance in framing the rules of practice under the Chancery Amendment Acts. Mr. Barber was junior counsel for the defendants in the equity stage of the Tichborne litigation, and he held a junior brief in the ejectment action in the Court of Common Pleas. He was also one of the junior counsel for the Crown in the prosecution for perjury, and it is said that he was engaged in court for 103 days in the ejectment case, and for 188 days in the perjury case. In 1874 he was appointed by Lord Cairns to be judge of county courts for Circuit No. 6 (Hall and the East Riding), but he resigned the office in a few weeks, and resumed his practice at the bar.

MR. THOMAS THIMBLEBY.

former place on the 27 h ult. from paralysis. Mr. Thimbleby was admitted a Mr. Thomas Thimbleby, solicitor, of Spilsby and Wainfleet, died at the solicitor in 1837, and had practised for over forty years at Spilsby, having a branch office at Wainfleet. His son, Mr. Thomas William Thimbleby, who was admitted a solicitor in 1869, had been for several years in partnership with him. He was a perpetual commissioner for Lincolnshire, and since 1862 he had been clerk to the county magistrates at Spilsby. He had been for many years honorary secretary to the Spilsby Volunteer Rifle Corps. He was buried at East Keal on the 1st inst.

MR. GEORGE WILLIAM HAINES.

Mr. George William Hines, solicitor, of Gloucester, died on the 31st ult. from consumption. Mr. Haines was born in 1845. He was formerly a clerk in the office of Messrs. Whitcombe & Sons, of Gloucester, and he afterwards served his articles with Mr. Philip Cooke, of that place, and with Messrs. Hathaway & Andrew, of Great James-street. He was admitted a solicitor in 1874, and be had practised for nearly eight years at Gloucester, where he had gradually established a lucrative practice. He was a most able advocate, and he had a large amount of county court and criminal business. Mr. Haines was a town councillor for Barton Ward, and he was for several general election. He was buried at the Gloucester Cemetery on the 4th inst. years a poor law guardian. He was agent for the Liberal party at the last Mr. Haines leaves a widow and one son, and his premature death is lamented by a large circle of friends.

MR. WILLIAM DENNIS.

Mr. William Dennis, solicitor (of the firm of Dennis & Faulkner), died at Northampton on the 29th ult. Mr. Dennis was the son of Mr. Richard Dennis, of Northampton. He was born in 1816, he served his articles with Mr. John Hensman, of Northampton, and he was admitted a solicitor in 1838. He was a perpetual commissioner for Northamptonshire, and he had a very important private practice. On the passing of the first County Courts Act he was appointed assistant clerk of the Northampton County Court, and since 1856 he had been registrar of the court (Circuit No. 36). He was also district registrar under the Judicature Acts. He had been for some time past associated in partnership with Mr. John Joseph Faulkner, LL.D. Mr. Dennis took an active part in politics and in municipal business. He was a member of the Unitarian body, and one of the leaders of the Liberal party at Northampton. He had been twice mayor of Northampton, and he was an alderman for the borough at the time of his death. He was buried at the General Cemetery at Northampton on the 2nd inst.

LEGISLATION OF THE WEEK.

HOUSE OF COMMONS. Feb. 8.-New Bills.

Leave was given for the introduction of the following Bills :Bill to prescribe the procedure in England and Ireland relative to indictment or information for the punishment of offenders, and to provide appeal in criminal cases.-Mr. HOPWOOD.

Bill to make better provision for inquiries with regard to boiler explosions. Mr. MASON.

Bill to amend the Bills of Sale Act, 1878.-Mr. MONK.

Bill to make provision for payment of all Roman Catholic chaplains to workhouses, industrial schools, and gaols in Great Britain. -Mr. BYRNE. Bill to amend the administration of the income tax.-Mr. HUBBARD. Bill to release the occupier of land from the personal payment of tithe rent

Mr. T. J. Stone has been appointed principal clerk of committees in the charge.-Mr. S. LEIGHTON. House of Commons, in the room of Mr. Charles Eales, deceased.

The death is announced of Dr. M'Blain, one of the Dublin divisional police magistrates. He had only held the post for twelve months.

Bill for the better protection of women and children in England from crimes of violence.-Mr. T. SULLIVAN.

Bill to abolish the law of distress for the rent of agricultural holdings.-Mr. BLENNERHASSETT.

LEGAL APPOINTMENTS.

Mr. EDWARD HERBERT BURKITT, solicitor, of 6, London-wall, has been appointed Clerk to the Tin Plate Workers' Company, in succession to his father, the late Mr. Edward Burkitt. Mr. E. H. Burkitt was admitted a solicitor in 1877, and is also clerk to the Curriers' Company.

Mr. HERMANN HENRY MYER, solicitor, of 30, New Bridge-street, Blackfriars, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

Mr. HENRY HOMEWOOD CRAWFORD, solicitor (of the firm of Chorley, Crawford, & Chester), of 34, Moorgate-street, has been appointed Honorary Solicitor to the French Hospital, in succession to the late Mr. Frederick Ouvry. Mr. Crawford was admitted a solicitor in 1872. He is a commissioner of lieutenancy for the city of London, and he has served the office of undersheriff of London and Middlesex. He is also solicitor to the Vintners' Com. pany.

The Right Hon. HENRY CECIL RAIKES, barrister, who has been elected M.P. for the Borough of Preston in the Conservative interest, is the eldest son of the late Mr. Henry Raikes, of Llwynegrin Hall, Flintshire, and was born in 1838. He was educated at Shrewsbury, and he was formerly scholar of Trinity College, Cambridge, where he graduated in the second class of the classical tripos in 1860. He was called to the bar at the Middle Temple in Easter Term, 1863, and he formerly practised on the North Wales and Chester Circuit. From 1868 till 1880 he was M. P. for the city of Chester, and from 1874 till 1880 he was Chairman of Committees in the House of Commons. Mr. Raikes was sworn a member of the Privy Council in March, 1880, and he is a magistrate for Chester und Flintshire, a deputy-lieutenant for the latter county, and a bencher of the Middle Temple.

Mr. MICHAEL PLACID LYNCH, barrister, has been appointed Official Assignee of the Insolvent Debtors' Court at Bombay. Mr. Lynch was called to the bar at Lincoln's-inn in Easter Term, 1871.

Mr. WILLIAM HENRY BAILEY, registrar of the District Probate Registry at Lancaster, has been appointed by the Right Hon. Sir James Hannen to be Registrar of the District Probate Registry at Exeter, in succession to Mr. Charles Henry Turner, deceased.

Mr. THOMAS HENRY BARTLETT, solicitor, of 2, Arthur-street West, has been elected Chairman of the Law and City Courts Committee of the Common Council. Mr. Bartlett was admitted a solicitor in 1861. He is a common councilman for Candlewick Ward.

Mr. THOMAS BEARD, solicitor, of 10, Basingball-street, has been elected Chairman of the Billingsgate Market Sub-committee of the Common Council. Mr. Beard has served the office of under-sheriff of London and Middlesex, and he is a common councilman for Bassishaw Ward. He was admitted a solicitor in 1858, and he is in partnership with his sons, Messrs. Walter James Westcott Beard and Thomas George Beard.

Mr. HENRY KING THORNE, solicitor, of Barnstaple and Ilfracombe, has been appointed Solicitor to the North Devon Building Society, on the resignation of his brother Mr. John Arnoll Thorne, who has been elected a director of the same society. Mr. H. K. Thorne was admitted a solicitor in 1871.

Mr. SAMUEL WELLS PAGE, solicitor (of the firm of Flewker & Page), of Wolverhampton, has been elected President of the Wolverhampton Law Society for the ensuing year. Mr. Page was admitted a solicitor in 1870.

Lord Justice HOLKER has been sworn in as a member of the Privy Council.

Mr. WILLIAM Charles Powning, solicitor (of the firm of Lee, Houseman, & Powning), of Salisbury, has been unanimously elected Town Clerk of that city, on the resignation of his partner, Mr. Charles Marsh Lee. Mr. Powning is also clerk to the city magistrates. He was admitted a solicitor in 1874.

The Right Hon. Sir GEORGE WILLIAM WILSHERE BRAMWELL, who has been created Baron Bramwell of Hever, is the son of Mr. George Bramwell, a Londen banker, and was born in 1809. He was called to the bar at the Inner Temple in 1838, and he practised on the Home Circuit. He became a Queen's Counsel in 1850, and in 1856 he was appointed a baron of the Court of Exchequer, and received the honour of knighthood. In 1876, on the passing of the Appellate Jurisdiction Act, he was appointed a judge of the Court of Appeal, and was sworn a member of the Privy Council, and he retired from the bench in October last. Lord Bramwell served on the Common Law Procedure Committee and on the Judicature Commission, and he is a bencher of the Inner Temple.

Sir HENRY JAMES SUMNER MAINE, K.C.S.I., LL.D., master of Trinity Hall, Cambridge, late professor of jurisprudence in the University of Oxford, has been elected an Honorary Fellow of Corpus Christi College, Oxford.

Mr. JOHN PAGE MIDDLETON, barrister, has been appointed Queen's Advocate for the Gold Coast Colony, in succession to Mr. Thomas Woodcock, deceased. Mr. Middleton is the son of Mr. John Page Middleton, of Hindringham, Norfolk. He is a graduate of Trinity Hall, Cambridge, and he was called to the bar at the Middle Temple in Trinity Term, 1874. He is a member of the South-Eastern Circuit, and he was formerly one of the staff of the WEEKLY REPORTER.

DISSOLUTIONS OF PARTNERSHIPS.

GEORGE WYATT DIGBY and ARTHUR EVANS, solicitors (Digby and Evans), Maldon, Essex. Jan. 31. [Gazette, Feb. 3, 1882.]

FRANCIS JAMES RIDSDALE, deceased, and FRANCIS JAMES RIDSDALE, jun., solicitors, No. 5, Gray's-inn-square. October 31, the date of the death of the said Francis Ridsdale. The said Francis James Riisdale, the surviving partner, will in future carry on the said business at 5, Gray's-inn-square aforesaid, under the style or firm of Ridsdale & Son. [Gazette, Feb. 7, 1881.]

COMPANIES.

WINDING-UP NOTICES.

JOINT STOCK COMPANIES.
LIMITED IN CHANCERY.

BARRY'S CONDENSED SOUP AND FOOD COMPANY, LIMITED.-Petition for winding up presented Jan 31, directed to be heard before Chitty, J., on Feb 11. Rogers and Chave, Queen Victoria st, solicitors for the petitioner

GENERAL FINANCIAL BANK, LIMITED.-Petition for winding up, presented Feb 1, directed to be heard before Bacon, V.C., on Feb 11. Brandon, Essex st, Strand, solicitors for the petitioners

LIBERIA LAND AND INVESTMENT COMPANY, LIMITED.-Kay, J., has fixed Feb 9 at 12 for the appointment of an official liquidator

PATENT ENAMEL ADVERTIZING COMPANY, LIMITED.-Creditors are required, on or before Feb 28, to send their names and addresses, and the particulars of their debts or claims, to Henry Seymour Foster, 3, Copthall bldgs. Mar 8 at 12 is appointed for hearing and adjudicating upon the debts and claims

PURE BEVERAGE COMPANY, LIMITED.-Petition for winding up, presented Feb 1, directed to be heard before Chitty, J., on Feb 11. Gooch, Fenchurch bldgs, solicitor for the petitioners SOCIETY OF AFRICAN TRADERS, LIMITED.-Fry, J., has by an order, dated Jan 30, appointed Joseph Dodson Good, 5, Serjeant's inn, Fleet st, to be the official liquidator [Gazette, Feb. 3.]

CO-OPERATIVE FORAGE SUPPLY ASSOCIATION, LIMITED.-By an order made by Kay, J., dated Jan 28, it was ordered that the voluntary winding up of the association be continued. Beall and Co, Queen Victoria st, solicitors for the petitioner FINE ARTS ALLIANCE CO-OPERATIVE SOCIETY, LIMITED.-By an order of Hail, V.C., dated Jan 27, it was ordered that the society be wound up. Fisher, Finsbury pavt, solicitor for the petitioner

GENERAL FINANCIAL BANK, LIMITED.-Petition for winding up, presented Feb 4, directed to be heard before Chitty, J., on Feb 18. Bellamy and Co, Bishopsgate st Within, solicitors for the petitioner

J. WINSLOW JONES AND COMPANY, LIMITED.-By an order made by Fry, J., dated Jan 27, it was ordered that the voluntary winding up of the company be continued. Webb and Co, Queen Victoria st, solicitors for the petitioner

TURNBULL PATENT PONTOON DOCK AND SLIPWAY COMPANY, LIMITED.-Creditors are required, on or before Mar 7, to send their names and addresses, and the particulars of their debts or claims, to Benjamin Smyrke, Sunderland. Mar 21 at 11 is appointed for hearing and adjudicating upon the debts and claims VRON COLLIERY COMPANY, LIMITED.-Bacon, V.C., has fixed Feb 16 at 12 at his chambers, for the appointment of an official liquidator

UNLIMITED IN CHANCERY.

[Gazette, Feb. 7.]

LONGSIGHT PERMANENT BENEFIT BUILDING SOCIETY.-Creditors are required, on or before Feb 27, to send their names and addresses, and the particulars of their debts or claims, to Thomas Aldred, 100, King st, Manchester. Mar 14 at 11 is appointed for hearing and adjudicating upon the debts and claims

MUTUAL AID PERMANENT BENEFIT BUILDING SOCIDTY.-By an order made by Hall, V.C., dated Jan 27, it was ordered that the society be wound up. Jones and Co, Lincoln's inn fields, solicitors for the petitioner

SEVENTH EAST CENTRAL BENEFIT BUILDING SOCIETY.-Creditors are required, on or before Mar 3, to send their names and addresses, and the particulars of their debts or claims, to Walter Winder Feast, Mincing lane. Friday, Mar 10, at 12, is appointed for hearing and adjudicating upon the debts and claims

[Gazette, Feb. 7.]

COUNTY PALATINE OF LANCASTER. CLITHEROR PERMANENT BENEFIT BUILDING SOCIETY.-By an order made by Bristowe, V.C., dated Jan 26, it was ordered that the society be wound up. Sale and Co, Manchester, solicitors for the petitioner [Gazette, Feb. 3.J

FRIENDLY SOCIETIES DISSOLVED. TRUTH AND HAPPINESS LODGE OF THE PHILANTHROPIC INSTITUTION, M.U., Globe Inn, Ebbw Vale, Monmouth. Feb 1. [Gazette, Feb. 7 ]

NEW ORDERS, &c.

THE SUPREME COURT OF JUDICATURE.
COMMISSIONERS FOR OATHS.
Notice.

Whereas it has been represented to the Lord Chancellor that commissioners to administer oaths in the Supreme Court of Judicature are sometimes requested, subsequently to the swearing of affidavits, to initial properly be made in any affidavit after the same has been sworn, and that alterations in the same: Now, this is to give notice that no alteration can any commissioner initialling such an alteration would commit an irregularity, and would render himself liable to the revocation of his commission. By order of the Lord Chancellor, February 6, 1882. H. LATHAM, Registrar.

CHANCERY DIVISION.

ORDER OF Court.

Tuesday, the 7th day of February, 1882. Whereas from the present state of the business before the Vice-Chancellor Sir James Bacon and Mr. Justice Kay, it is expedient that a portion of the causes transferred to Mr. Justice Kay by the order dated the 10th of January, 1882, should be transferred to Vice-Chancellor Bacon: Now 1, the Right Honourable Roundell Baron Selborne, Lord High Chancellor of Great Britain, do hereby order that the several causes set forth in the schedule hereto be accordingly transferred from Mr. Justice Kay to the Vice-Chancellor Sir James

« PreviousContinue »