« PreviousContinue »
which would he incapable of alienation. And there was authori'y (o show thnt the words "charge or incimber" might hi read as meaning "attempt to charge or incumber."—Solicitohs, Mercer iSi Mercer; Ponciont i; Leggat t; Kingsford, Dortnan, If Kingsford; John Hales.
CASES BEFORE THE BANKRUPTCY REGISTRARS.
(Before Mr. Registrar Murray, sitting as Chief Judge.)
Deo. 21.—Ex parte Vie Comptoir oTEscompte de Paris, Re Caird and
B. Brothers, a Calcutta firm, drew bills upon C. & W., a London firm, who accepted them against certain consignments.
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 Loudon firm.
This was an appeal by the Comptoir d'Esoompte 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, ware 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 Calontta 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 npon the debtors, and which had been sold by the drawers to them, accompanied by bills of lading and other shipping doouments of cotton and other produce, and whioh were indorsed and delivered to the appellants, acoompanied in each case by a letter of hypothecation sigced by Messrs. Rushton Brothers, and addressed to the appellant*.
Clause 4 of the letter of hypothecation was in the following terms :—In case default shonld be made in acceptance or payment of any of the said bills, or if the drawers or acceptors shonld suspend payment or apply for or take the benefit of any Aot for the relief of iosolvent debtors, or petition for protection, or be adjudicated bankrupt, or exeoute 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 eventB 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 publio auction or private sale, and in this case yon are to be at liberty to act in all respeots as if you had been the direet consignee of the good", charging suoh commission and being accountable as is usual between a merchant and hiB correspondent in ordinary oases, and shall apply the net proceeds of any sale or sales thereof (after deducting any payments made nnder the power therein contained, with interest thereon, and the usual commission and charges) in payment of the said bills with interest if overdue, and with re-exobange and other charges, the balance, if any, to be retained and applied by you in liquidation of any debt or liability of ours to yon, whether or not the same be then dne or ascertained, it being hereby agreed that the goods themselves, until sale, shall be liable for, and to be obarged with, the payment of all such disbursements, interests, commission, charges, re-exohange, debts or liabilities as aforesaid, and we hereby agree that all acoount sales and accounts current furnished by or tlirongh yon in respect of the said goods shall be received by us as sufficient evidenoe of the accuracy of the transactions to whioh they respectively refer, and shall cot 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 conntry 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, Hnd theappellants, the Comptoird'Escom|.t '.sold the goods and Bought to oharge 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 Utter of hypothecation.
A»pla»d, for the appellants.—In Ex parte Brett, He Howe (L. R. 6 Ch. 838), R. & Co., consigmd g iods to H. (or sale, drew bills on him which they indorsed to B., to wuom they handed the bills as a security, and
wrote to H. asking him to accept the bills against the goods. H. gave an acceptance—" Accepted pavableat the I. Bank on the delivery up of the bills of lading." At the time when the bills became payable the affairs of II. were in course of liquidation by arrangement. In that case the Court of Appeal held that the conditional aooeptance made the security of 3. 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 uniistinguishable 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 scoept 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 cannot introduce terms into a written contract unless there is evidence that 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.
Mr. Registrar Murray said there was no question of custom iu this case, and he could not reverse or vary the deoision of the trustee. The hulders of the bills of exohange had entered into a contract with Mes<n. Rushton thst the bills should be paid and the bills of lading taken up, but there was no contemporaneous contract with Messrs. Caird & Williamson. The 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 consented to he bound by them. The appeal must be dismissed, with oosts, and the decision of ths trustee affirmed.
Solicitors for the Comptoir d'Eicompte, Lyne & Holman.
S lioitors for the trustee, Hollams § Co.
NOTTINGHAM INCORPORATED LAW SOCIETY.
The following are extracts from the report of the oonncil:—
The present number of members is 105, the number last year being
Solicitors' Remuneration Act, 1881.—This Act was fully considered by the oonncil daring its passage through Parliament, and alterations suggested therein. Since the passing of the Aot the oonncil has received for its con-, sideration from the Incorporated Law Society, U.K., a draft of the General Order proposed to be submitted to the Lord Chancellor and other persona empowered by the Aot to issue General Orders. This order the oounoil oarefally considered and made suggestions thereon ; their polioy being to secure the promulgation of suoh a scale of obarges as, while fair to the profession, would be liberal to tbe public, and Bo ensure in praotioe its satisfactory and oomplete adoption. A special meeting of the Associated Provincial Law Societies was held in London to consider the draft order, at whioh meeting your counoil was represented by Mr. H. Wing and Mr. H. R. Thorpe. Thongh tbesoale suggested by the Inoorported Law Society, U.K., was, with some slight modifications, approved by your oounoil, it waa nevertheless regarded as inadequate by the representatives of most of the Associated Provincial L»w Societies present, four counoil has, however, every reason to believe that tbe General Order to be shortly issued will be in substantial accord therewith, and prove acceptable to the general body of tbe profession.
Conveyancing and Law of Property Act, 1881.—The oounoil begs to call speoial attention to this Aot, and tbe various important alterations of the law introduced thereby, some of which are imperative, whilst others are only optional. The oonncil recommends the members of the Booiety generally to adopt the provisions of fie Aot wherever no speoial or particular reasons exist to tbe oontrary ; but it would suggest that, as a general rule, it may be expedient in mortgage deeds expressly to exolude the power to lease given by the Act, and to provide for the insurance of the mortgaged property by the mortgagor. The new counoil may think it desirable to issue some ordinary common forma settled by counsel, so that uniformity of praotice 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 tbem altogether. Pleadings in some form should be retained, so far as necessary to raise defined issues between the parties.
As r. gards No. 2.—That in the absence of pleadings the proposed summons for directions would in most cases be ineffectual, and would lead to grrat 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 giren to master;.
As regards No. 4.—Approved, subject to the addition of the words, "la relation to the subject-matter of tbe summons."
As regards No. 5.—Approved.
As regards Nos. 6,7, 8, 9, and 10.—No resolution passed; tbe council neutral.
AsregardsNo.il.—That this suggestion be approved, on the assumption that "debtor's summons" means debtor's summons under the Debtors Ait, 1869, and subject also to the omission of the woids "in London."
As regards No. 12 —That it is desirable that the mode of trial shall be by jury; bat 011 the summons for directions an order may be made that the same be tried by a jndge without a jury.
As regards No. 13.—That the expense of taking the notes of evidence should he borne by the State, hut that either party rfqairing a transcript thereof should pay for it; and that tbe 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; bnt tbe 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 end 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 be appears for tbe 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 mere than one counsel in all cases. That the srale fur 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 t'e evidence is material, Buch parts as may be material or relied upon, ss also the decision of the judge, should be printed from the shorthand writer's cotes.
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 > referenoe to Bn arbitrator."
As regards No. 25.—Approved, subject to the following addition :—No revised scale should he 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 Beveral new suggestions. When this is done, another meeting of the Associated Provincial Law Societies will probably be held to consider the same.
Local Centra.—In consequence of the present Attorney-General, in March, 1879, having called the attention of tbe Honse of Commons to the necessity of Rifing 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 ot January, 1881, at which the following resolutions were adopted:—
1. —The inadequacy of the pre«ent 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. —Tbe opportunities for tbe trial of causes are not sufficiently numerous, ssd this leads to an accumulation of business at the assizes now held. The time allowed at the assiz°s for disposing of tbe civil business is insufficient, and this causes arrangements of the most inconvenient kind to he ma le 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 sittiog, are postponed for argument and decilioa 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 nnduly delayed ; that causes, if tried «t all, are frequently disposed of under conditions of haste and pressure which are very unsatisfactory ; that causes which both parties desire to have tried, snd in the preparation of which for trial great trouble and expense hive been inonrred. are, against their wish, and under the alternative of being made remanstt to a subsequent ass'ze, 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 *hich 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.
— It is suggested that Liverpool, Manchester, Leeds, Birmingham, and inch other places as may hereafter be decided upon, shonld be constituted local centres, with proper districts allotted to tbem, and that subject to arrangements for reasonable vacations, and perhaps for occasional sittings for cnminal business, a judge of the High Court should be continuously engaged 10 disposing of all oivil 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 district, are matters which could beat be arranged by the judges themselves with reference to their other engagements.
'•—AU questions of law aris'ng on the trial of any action shonld 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
silting* in Manchester and Liverpool, the law societies of those places, t irougb Mr. Whitley, M.P., pressed the Government to adopt the scheme in those localities. The council asked our borough members, Col. Saely and A. Morley, Esq., to support Mr. Whitley in his endeavours, and they promised to considiT the mutter. 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 in suitors, slill it is a great question, if the centre" is to be as far away as Birmingham, whether the alteration would prove of more advantage thin the present system.
Solicitors' Certificate Duty.—In respeot 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.
1.—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 sum, for tbe 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 tbe 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-op iration of all the societies.
Telegraph and Telephone Wires.—The council in its last report called attention 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 counoil regret this, believing it would be advantageous to the community if the law of public wires applied to those belonging to private individuals.
BilU 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 hills 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 has been used extensively in this locality.
Miscellaneous.—Tbe 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 tbe 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 soi l, 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 Sttmp Office. The majority of the court held that the evidence to which exception was taken had been properly admittd. Mr. Justioe Barry who tried the case and reserved the question, and also Mr. Baron Fi'zgerald, dissented from thejudgmeet. Colclough was indicted fur having uttered three specific stamps, proved to be forgeries. The Crown produced several documents on tbe court files, and proved by an expert that the stamps on them also were forgeries, and that the dates were affixed with tbe instrument used in affixing date stamps on the forged documents in question. For the prisoner it was contended that there was no proof of his 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 whe'her 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 tbe Crown would have neglected their duty if they had not pre<sed it in evidence asboth material and pertinent to the issue, or had failed in doing so on any a priori reasoning as to the capacity or credulity of the jury or the idiosyncrasy of the judge. It was proved that Colclongh had sold forged stamps, tbe subject of the indictment. In his 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 be, though he seemed to be diffident about it himself; hut 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 Justioe 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 etand.
LAW STUDENTS' JOURNAL.
INCORPORATED LAW SOCIETY.
Adams, Arthur Robert
NewtOD, Alfred William, B.A.
Adams, Charles Lemesle
Blacklock, Thomas James Irving
Boyer, Edward Lawrance
Cottingham, Robert Marti 1 Johnson
Duka, Francis, T. T, B A., LL.B.
Dutton, Frederick William, B.A,
Dyball, Hobert Henry
Eastley, Charles Henry
Emmetr, George Henry
Fairbrother, William Bell
Forsyth, Thomas Edward
Fort, John, B.A.
Frankland, Francis Ambrose
Frederick, Henry Penrlce
Gordon, Edward Johnston
Gould, Theodore Henry, B.A.
Graham, Frank Augustus
Graham, Lawrence Brisco
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
Helliwell, Frederick William
Heron, John Soott
Hill, Francis Arthur
Hodges, Francis Edward
Humphreys, Edward Wynne
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 Fonlis
Langdnn, George James
Lattey, Henry, B.A.
Leech, Ernest Edward
Lewis, William James
Lingard, John Thornley
Llewellin, John Charles, B.A.
Longbottorn, Lewis Henry
Longton, Henry Johnson
Lyttelton, The Hon. Robert Henry,
Mills, Thomas Storeton, B.A.
Moore, William James Kendall
Morris, Franois George
Munns, Arnold Edward
Nance, Walter Norris
Newman, Samuel Alfred
Norton, William Henry
Nowell, Francis Joseph
Phillips, Mervin White
Piper, Alfred Towry
Plant, Charles Harvey
Pointing:, Thomas Hayward
Pope, Sydney Philip
Price, Meredydd Lewis Willy Lloyd
Rayner, Thomas Dyson, B.A.
Roberts, Harry Price
Robertson, Arthur George Shaw
Rydon, Arthur Hope
Selwyn, George Arthur, B.A.
Shaw, George Malcolm
Shoppee, Gerald Augustine, B.A..
Simpkinson, Frederiok George
Sinnett, James Morioe, B.A.
Smith, David Duncan
Smith, Harold Oxley Chamberlain
Smurthwaite, Baynea Wright
Solly, Godfrey Allan
Spark, Thomas Blake
Spickett, James Edward
Stedman, Reginald John Maacall
Stracban, William Henry
COUNCIL OF LEGAL EDUCATION. Hilary Educational Term, 1882. Prospectus of the Lectures of the Professors.—The Professor of Roman Law will, daring the ensuing educational term, deliver a course of twelve lectures oo the Roman law of ownership and other real riehts. The first leoture was delivered on Monday, January 16, 1882, at 2.30 p.m. The subsequent leotores on the above subject will be delivered on Thursday! 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 leotnre was delivered on Friday, January 13, 13S2, at 4.15 p.m., and the subsequent leoturea will be delivered at the same hour on Wednes days and Fridays.
Law cf Real and Personal Property.—The Professor of the Law of Real and Personal Property will deliver, during the ensuing educational term, twelve leotores on the law of vendors and purchasers of real estate, the conveyance, and matters relating thereto. The first lecture was delivered on Friday, January 13, 1882, at 3.5 p.m. The subsequent leotures 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 1 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 obair. Mr. William Gamble and Mr. W. Denham were elected members of the sooiety. Mr, Richardson moved "That the exigenoies of Parliamentary debate require the institution of the Cl6!ure," being supported by Messrs. Mott, Whitehouse, Joel, Parker, Parsons, and Bartrum, and opposed by Messrs. Brown, Rusher, KainsJsckson, Berkley, Denniss, and Tillotson. The ohalrman having summed op, the motion was put to the meeting and lost by a majority of four votes.
The weekly meeting of this sooiety 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 reoent outrages on the Jews in that country." Mr. Newman seconded the motion, and an interesting disonssion ensued in a rather full house. The motion had the support of Messrs. Brown and Kains-JaokBon, and was opposed by Messrs. Dowson, Whitehouse, Trotter, Symes, and Parsons. Mr. Harvey Samnel 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 obair.—Messrs. W. Wells, J. E. W. Rider, A. L. Graham, G. B. Ellis, and S. J. Hood were eleoted members. On the motion of Mr. ISartlett, a vote of thanks was unanimously accorded to Mr. .Napier, the late seoretary. The sooiety loses a most valuable officer in Mr. Napier, who has aoted as hoc. seoretary for more than two years, and it is to the energetic and courteous way in whioh he has performed the duties of his late office that the present prosperity of the tooiety is to a great extent attributable. The eleotion of a new secretary in the place of Mr. Napier then took plaoe, and Mr. E. G. Spiers was elected to fill the vacancy. The remainder of the evening was devoted to business, the prinoipal part of whioh was the discussion of a motion, proposed by Mr. F. J. Green, for the institution of " social meetings" of the members of the sooiety. The question raised considerable disonssion, and "as 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 text Tuesday, the 14th inst., will be on the subject of the Queen's Speech.
Mr. T. J. Stone has been appointed principal olerk of committees in the House of Commons, in the room of Mr. Charles Eales, deoeased.
The death is announoed of Dr. M'Blain, one of the Dn'jlin divisional He had only held the poet for twelve month*.
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 oallad to the bar at Linooln's-inn in Easter Term, 1833. He was a sound equity lawyer and excellent conveyancer, and for over forty-eight years enjoyed a very largo junior practice. He was a member of the Chancery Procedme Commission in 1853, and rendered valuablo assistance in framing the rules of practice under the Clianccry Amendment Acts. Mr. Barber was junior counsel for the defendants in the equity stage of the Tiohborne 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 (Hull and the East Riding), but lie resigned the office in a few weeks, and resumed his praotice at the bar.
MR. THOMAS THIMBLEBY.
Mr. Thomas Thimhleby, solicitor, of Spilsby and Wainfloet, died at the former place on the 27 h ult. from paralysis. Mr. Thimbleby was admitted a solicitor in 1S37, and had practised for over forty years at Spilsby, having a branoh office at Wainfleet. His eon, Mr. Thomas William Thimbleby, who was admitted a solicitor iu 1869, had been for several years in partnership with him. He was a perpetual commissioner for Lincolnshire, and since 1862 he bad 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 Haines, solicitor, of Gloucester, died on the 31st ult. from consumption. Mr. Haines was born in 1845. He was formerly a olerk in the office of Messrs. Wnitcom.be & Sons, of Gloucester, and he afterwards served bis 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 he had practised for nearly eight years at Gloucester, where he ha 1 gradually established a lucrative practice. He was a moat able advocate, and he had a large amount of county oourt and criminal business. Mr. Haines was a town councillor for Barton Ward, and he was for several years a poor law guardian. He was agent for the Liberal party at the last general election. He was buried at the Gloucester Cemetery on the 4th inst. 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 (uf the firm of Dennis & Faulkner), died at Northampton on the 29i.h ult. Mr. Donnia was the Bon of Mr. Richard Dennis, of Northampton. He was born in 1816, he served his artioles 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 un^er the Judicature Acts. He had been for some time past associated in partnership with Mr. John Joseph Faulkner, LL.D. Mr. Dennis toA an active part in politios 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 b-en twice mayor of Northampton, and he was an alderman for the borough at the time of hit death. He was buried at the General Cemetery at Northampton on the 2nd inst.
LEGISLATION OF THE WEEK,
HOUSE OF COMMONS.
Loave was given for the introduction of the following Bills :—
Bill to prescribe the procedure in England and Ireland relative to indict, ment or information for the punishment of offenders, and to provide appeal in criminal cases.—Mr. Hopwood.
B ll to mako better provision for inquiries with regard to boiler explosion*. —Mr. Mason.
Bill to amend the Bills of Sale Act, 1878.—Mr. Monk.
Bill to make provision for payment of all Roman Catholio chaplains to workhouses, industrial schools, and gaols in Great Britain.—Mr. Byrni.
B ll to amend the administration of tha income tax.—Mr. Hubbard.
Bill to release the occupier of land from the personal payment of tithe ren'charge.—Mr. 8. Leiohton.
Bill for the better protection of women and children in England from crimes of violence.—Mr. T. Sullivah.
Bill to abolish the law of distress for the rent of agricultural holdings.—Sir. Blenhbrhassbtt.
Mr. Edward Herbert Bt/bkitt, solicitor, of 6, London-wall, has been appointed Clerk to the Tin Plate Workers' Company, in succession to his father, the late Mr. Edward Burkitr. Mr. E. H. Burkitt was admitted a solicitor in 1877, and is also olerk to the Curriers' Company.
Mr. Hermann Henry Myer, solicitor, of 30, New Bridge-street, Blackfriars, ha9 been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.
Mr. Henry Hoiiewood 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 Onvry. 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' Company.
The Right Hon. Henry Cecil Raik.es, 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 Committee* 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 and 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 Distriot 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 bas served the office of under-sheriff of London and Middlesex, and he is a common councilman for Bassisbaw Ward. He was admitted a solicitor in 1858, and he is in partnership with his sons, Messrs. Walter James Westoott Beard and Thomas George Beard.
Mr. Henry Kino 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. E. Thorne was admitted a solicitor in 1871.
Mr. Samuel Wells Pace, 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 Pownino, solicitor (of the firm of Lee, Houseman, & Powning), of Salisbury, has been unanimously eleoted Town Clerk of that oity, 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 Wilbhbre Bramwell, who has been created Baron Bramwell of Hever, is the son of Mr. George Bramwell, a London banker, and was bom 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 18S0, and in 1856 be 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 Counoil, and he retired from the bench in October last. Lord Bramwell served on the Common Law Procedure Committee and on the Judicature Commission, and be is a bencher of the Inner Temple.
Sir Henry James Scmner Maine, K.C.S.I., LL.D., master of Trinity Hall, Cambridge, late professor of jurisprudence in the University of Oxford, hat 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 Hindriogham, 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 Ridsdalb, jun., solicitors, No. 5, Gray's-inn-squtre. October 31, the date of the death ot the said Francis Ridsdale. The said Francis James Kiisdale, the surviving partner, will in future carry on the said business at 5, Gray'a-ino-sqmre aforesaid, under the stylo or firm of Ridsdale & Son. [Gazette, Feb. 7, 1881.]
Bahbt's Condensed Soup Ahd Food Company, Limited.—Petition for winding up presented Jan 31. directed to be heard before Chitty, J., on Feb 11. Rogers and Chare* Queen Victoria at, solicitors for the petitioner ■
Gbnebal Financial Bane, Limited.—Petition for winding up, presented Feb 1. directed to be heard before Bacon, V.C., on Feb 11. Brandon, Kssex at, Strand, solicitors for the petitioners
Liberia Laitd 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 aro 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 Op Apbican 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-opebatiyr Foeagb Supply Association, Limited.—By an order made by Kay, J.,
dated Jan 28, it v as ordered that the voluntary winding up of the association bo
continued. Beall and Co, Queen Victoria st, solicitors for the petitioner Fine Arts Alliance Co-opeeative 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. Wiitslow 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 31 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
[Gazette, Feb. 7.]
Unlimited In Chancery. Longsight Permanent Benbpit 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 11 at 11 is appointed for
hearing and adjudicating upon the debts and claims Mutual Aid Feemansnt Benefit Building Socidty.—By an order made by Hall,
VC, 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 Cbntbal 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.J
County Palatine Op Lancaster. Clitheroe 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
Fkiendly Societies Dissolved. Truth And Happiness Lodge Op The Philanthropic Institution, M.U., Globe Inn, Ebbw Vale, Monmouth. Feb 1.
[Gazette, Feb. 7 J
NEW ORDERS, &c.
THE SUPREME COURT OF JUDICATURE.
Whereas it has been represented to the Lord Chanoellor that commissioners to administer oaths in the Supreme Court of JudicataTM are sometimes requested, subsequently to the swearing of affidavits, to initial alterations in tbe same: Now, this is to give notice that no alteration oan properly be made in any affidavit after the same has been sworn, and that any commissioner initialling such an alteration would commit an irregularity, and would render himself liable to tbe revocation of his commission. By order of the Lord Chancellor,
February 6, 1882. H. Latham, Registrar.
Tuesday, the 7th day of February, 1882. Whereas from the present state cf the business before tbe 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 ], the Right Honourable Roundell Baron Selborne, Lord High Chanoellor 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