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Morgan, Thomas, Pembroke, Grocer, Aug 15 at 12 at 2, Water st. Pembroke Dock, Dunsterville, Maria, Bristol. Aug 11 at 2 at offices of Clifton and Carter, Broa' st, Bristol Brown, Pembroke Dock

Early, John William, Leicester, Confectioner. Aug 15 at 3 at offices of Wright, Belvoir Morley, Edmund, Edgware rd, Auctioneer. Aug 4 at 2 at offices of Barlee and Co, st, Leicester Finsbury circus

Evans, John, Carmarthen, Agent. Aug 14 at 10 30 at offices of White, King st, Car. Nathan, Samuel Lewis, Hatton garden, Watch Manufacturer. Aug 9 at 3 at offices of marthen Lewis and Lewis, Ely pl, Holborn

Farrar, Henry Hackshaw, South Ossett, York, Plumber. Aug 11 at 3 at offices of Chád. Newton, Frederiok William, Leckhampton, Gloucester, Licensed Victualler. Aug 8 at wick, Church st, Dewsbury 11 at offices of Clark, Regent st, Cheltenham

Fearnley, Robert, and William Oddy, Guiseley, York, Coal Merchant. Aug 14 at 3 at oblet, John, and Thomas Leeming

Noblet, Llanasa, Flint, Brewers. Aug 5 at 12 at office of Atkinson and Wilson, Tyrrel st, Bradford ! the Albion Hotel, near the Railway Station, Chester. Cope, Holywell

Flint, William, Frederick st, Hampstead rd, out of business. Aug 19 at 3 at office of Palmer, Thomas, Birmingham, Lamp Manufacturer. Aug 9 at 11 at offices of Mallard, Lamb, Southampton bldgs, Chancery lane Newhall chmbrs, Newhall st, Birmingham

Forster, Charles, Mars ke by the Sea, York, Newsagent. Aug 14 at 3 at office of Vachell, Peat, Thomas Kirk, Forest Hill, Kent, Wine Merchant. Aug 16 at 3 at offices of Boyes Albert rd, Middlesborough and Child, Poultry. Saxelby and Faulkner, Ironmonger lane

Gibson, Thomas, Oldham, Lancashire, Warehouseman. Aug 9 at 3 at office of Shaw Penn, William, Oldswinford, Worcester, Grocer. Aug 11 at 12 at offices of Fellows, Clegg st, Oldham Priory st, Dudley

Goode, James, Belgrave, Leicester, Builder. Aug 15 at 12 at Wellington Hotel, Gránb Pettit, Lewis, Sible Hedinghum, Essex, Painter. Aug 5 at 12 at the Cups Hotel, Col- st, Leicester. Miles and Co, Leicester chester. Mumford, Sudbury

Greenwood, John Henry, Hanley, Stafford, out of business. Aug 17 at 11 at office of Reyner, John, Barnsley, York, Provision Dealer. Aug 7 at 11 at offices of Gray, East- Tennapt and Co, Cheapside, Hanley gate, Barnsley

Heath, Edwin, Cannock, Stafford, Grocer, Aug 14 at 3 at office of Bill, Bridge st, Walsal Richards, George, South Perrott, Dorset, Horse Dealer. Aug 9 at 12 at George Hotel, Henderson, Robert, Leconfield rd, Highbury New Park, Builder. Aug 10 at 3 at office Crewkerne. Davies, Sherborne

of Cooper and Co, Lincoln's inn fields Ruglen, James, Barnsley, York, Journalist. Aug 14 at 11 at offices of Dibb and Co, Heseltine, John, Barwick in Elmet, York, Grocer. Aug 11 at 3 at office of Raper, East Regent st, Barnsley

Parade. Leeds Russell, Dive, Hollington, Sussex, Builder. Aug 9 at 12 at offices of Phillips and Hext, William, Keighley, York, Draper. Aug 14 at 11 at Trevelyan Hotel, Godwin st, Cheesman, Havelock rd, Hastings

Bradford. Weatherhead and Burr, Keighley Sandy, Nathaniel, Titchfield, Ilants, Carpenter, Aug 19 at 3.30 at offices of Donni. Hibbert, Thomas, Manchester, Watchmaker. Aug 14 at 1 at office of Addleshaw and thorne, Osborn rd, Farebam

Warburton, Norfolk st, Manchester Seal, Thomas, Sutton Cheney, Leicester, Blacksmith. Aug 9 at 2 at offices of Loseby, Hicks, Joseph, jun, Churchfield rd, Acton, Boot and Shoe Maker. Aug 14 at 2 at office Market Bosworth

of Child South sq, Gray's inn Setterfield, Joseph, Margate, Kent, Wheelwright. Aug 10 at 3 at office of Sparkes, Hodgkiss. Richard, Wolverhampton, Stafford, Horse Dealer. Aug 14 at ii at office of Union row, Margate

Rhodes, Queen st, Wolverhampton Smith, James, Ruabon, Denbigh, Grocer. Aug 14 at 12 at office of Pierce, Regent st, Hodson, John, Gt Dover st, Borough, Milk Contractor. Aug 22 at 3 at offices of Wrexham

Edmonds and Co, Cheapside. Neave, Friday st, Cheapside Smith, James Elias, Gloucester, Fish Salesman. Aug 10 at 11 at office of Jackson, Horsford, James, Oxford st, Tailor. Aug 17 at 3 at Guildhall Coffee house: Gresham George st, Gloucester

st. Reed and Co, Guildhall chmbrs, Basinghall st Smith, Samuel, Barrowford, Lancaster, Blacksmith. Aug 4 at 3 at office of Bulcock. Iorns, Albert Prentic, Lower Crumpsall, nr Manchester, Baker. Aug 10 at 3 at office3 Ormerod st, Burnley

of Simpson and Hockin, Mount st, Manchester Snelling, Francis Frederick, Upper Norwood, Surrey, Builder. Aug 9 at 3 at office of Johnson, Ambrose James, Burslem, Brush Manufacturer. Aug 9 at ii at offices of Holmes, King st, Cheapside

Julian, Queen's chmbrs, Burslem Spargo, George, Pwllheli, Carnarvon, Licensed Victualler. Aug 12 at 12 at office of Jones, William, Hampstead rd, Builder. Aug 9 at 3 at offices of Willis, St Martin's ct, Owen, Church st, Pwllheli

Leicester sq Stanley, Henry James, Uxbridge rd, Ealing Dean, Upholsterer. Aug 11 at 2 at office of Kelley, Edward, South Stockton, Brush Manufacturer. Aug 11 at 3 at Inns of Court Gresham and Davies, Basinghall st

Hotel, Holborn Strohm, Heinrich Wilhelm, City gardens, City rd, Baker. Aug 9 at 3.30 at 29, Mark lane. Key, William Henry, and George Charles Ramsey, Castle st, Brace Manufacturers. Young and Son

Aug 16 at 2 at Guildhall Tavern, King st. Reed and Co, Guildhall chmbrs, BasingSudbury, William George, Stockton-on-Tees, Grocer. Aug 11 at 11 at office of Fowler, hall st Bridge rd, Stockton-on-Tees

Killeen, Thomas, Richmond, Schoolmaster. Aug 14 at 3 at St. Mary's College, Kew Swann, Ernest!Alfred, Sheffield, Merchant. Aug 10 at 3 at Law Society, Hoole's chbrs, Foot rd, Richmond Bank st, Sheffield. Webster and Styring, Sheffield

Killick, Henry, Upton Park Dairyman Aug 12 at 3 at offices of Lambi Southampton Taylor, Samuel, and William Henry 'Taylor, Bradford, Masons. Aug 11 at 4 at office of bldgs, Chancery lane Last and Betts, Bond st. Bradford

King, Horace Soloman William, Enfield, Plasterer. Aug 15 at 3.30 at office of Rumney, Terry, William, Lynsted, Kent, Coach Builder. Aug 10 at 11 at Gibson, West st, Walbrook Sittingbourne

Kipling, Charles, Christopher st, Finsbury sq, Silk Merchant. Aug 16 at 3 at offices of Turner, James Brimcombe Turner, Bournemouth, Hants, Watchmaker. Aug 11 at 12 Minton'and Co, Carey lane, Cheapside. Downing, basinghall st at Gt Western Hotel, Snow hill, Birmingham. Trevanion, Bournemouth

Klipp, George Peter, Plymouth; Devon, Professor of Languages. Aug 11 at 3 at Bank Whittel, Joseph, Halifax, York, Woollen Manufacturer. Aug 9 at 11 at Griffin's Hotel, of England chbrs, Plymouth. Square and Co Halifax. Garsed, Halifax

Levy, Mark, Comeragh rd, West Kensington, Builder, Aug 11 at 12 at office of Lane Woolven, John Edward, Hydo rd, Hoxton, Licensed Victualler. Aug 9 at 11 at 3, Cole- and Monro, Queen Victoria st man st. Biggenden, Kingsland rd

Lindley, Edward, Hednesford, Stafford, Grocer. Aug 14 at 11 at office of Stanley, Wright, William, Leeds, Spring and Axle Manufacturer. Aug 10 at ii at Law Insti. Bridge st, Walsall tute, Albion pl, Albion st, Leeds. Cross, Bradford

Lutley, Samuel Baker Exeter, Seed Merchant. Aug 8 at Castle Hotel, Castle st , Exeter Yates, James, Tunstall, Lancaster, Innkeeper. Aug 10 at 2 at office of Johnson and in lieu of the place originally named Tilley, Sun st, Lancaster

Martin, Alfred, Wombwell, York, Licensed Victualler. Aug 16 at 4 at office of Rideal Young, George, Pritchard's rd, Hackney rd, Builder. Aug 5 at 3 at Masons' Hall Chronicle chbrs, Barnsley Tavern, Masons' avenue. Bassett, Fenwick st, East Dulwich

Mayman, William Jackson, Rosedale, West, nr Pickering, York, out of business. Aug 17

at 11 at White Swan Hotel, Pickering. Robson, Middlesborough TUESDAY, August 1, 1882.

Micklethwaite, George Daniel, Thornhill, York, Shoddy Maker. Aug 11 at 3 at Welling. Allsop, Charles, Yeaveley, Derby, Beerhouse Keeper. Aug 16 at 3 at Bell Hotel, Sadler ton Hotel, Dewsbury. Ibberson, Dewsbury gate, Derby. Wise and Co, Ashbourne

Mills, Peter, Derby, Grocer, Aug 14 at 11 at office of Allen, Amen-alley, Derby Austin, Alfred, Coldharbour lane, Brixton, Oil and Colorman. Aug 9 at 3 at office of Milner, Benjamin, Bradford, York, Heald Maker. Aug 15 at 4 at office of Atkinson and

Chipperfield, Trinity st, Southwark Bateson, Henry James, Barrow in Furness, Lancaster, Grocers Assistant. Aug 3 at 3 Molelly, James Morris, Manchester, Builder. Àug is at 3 at office of Eltoft, King st, at Station Hotel, Carnforth. Hudson, Barrow in Furness

Manchester Bell

, Robert, Jarrow, Durham, Boot and Shoe Dealer. Aug 19 at 11 at office of Duncan, Noble, William, Penrith Cumberland, Hotel Keeper. Aug 16 at 2.30 at office of Arnison Market pl, South Shields

and Co, Penrith Biggs, William Richard, and Anthony Hensler, Bristol, Provision Curers. Aug 9 at 12 Perkins, Arthur, Nelson-in-Marsdeu, Lancaster, Beerseller. Ang 18 at 3 at Exchange at office of Evans, Exchange bldgs East, Bristol

Hotel, Nicholas st, Burnley Bimson, James Hargraves, Liverpool, Mili Sawyer. Aug 11 at 2 at office of Green, Sir Perress, Walter James, Southampton, Iron Plate Worker. Aug 14 at 3 at office of Bell Thomas's bldgs, Liverpool

and Tayler, Portland st, Sonthampton Blake, Henry, Liskeard, Cornwall, Draper. Aug 15 at 12 at office of Rooker and Co; Pitt, Daniel, Tugela rd, Clapham Junction, Builder. Aug 25 at 2 at Inns of Court Hotel, Frankfort st, Plymouth


inn fields. Woulfe, Lincoln's inn fields Bovey, John, Torquay, Devon, Butcher. Aug 11 at 11 at office of Lindop, Fleet st, Plowman, James, Barford St Martin, Wilts,

Builder. Aug 16 at 3 at office of Hodding, Torquay

Market house chmbrs, Salisbury Browett, Thomas Bernard, Birmingham, Warwick, Export Merchant. Aug 15 at 3 at | Primavesi, Paul Domenic, Higher Broughton, nr Manchester. Aug 16 åt 3 at office of 1, Newhall st, Birmingham. Rowlands, Birmingham

Cobett and Co, Brown st, Manchester Brown, Robert Sacker, Sunderland, Butcher. Aug 23 at 12 at office of Steel, John st, Proctor, Thomas, Derby, Miller. August 17 at 3 at office of Moody, Corn Market, Sunderland

Derby Carr, George, Beverley, York, Licensed Victualler. Aug 21 at 11 át office of Turner, Rickman, Arthur William, Chester, Brewer, Aug 16 at 11 at office of Brassey, Eastgate Lairgate, Beverley

row North, Chester Chambers, Frederick Arthur, Liverpool, Merchant. Aug at 3 at office Southall, Riley, Jane, and James Riley, Broughton in Furness, Lancaster, Farmers. Aug 16 at 1 Waterloo st, Birmingham

at Shaw's Kings Head Hotel, Broughton in Furness. Dickinson, Broughton in Fur. Charlesworth, Marshall, Halifax, Butcher. Aug 14 at 4 at Crown Hotel, Halifax. Turner and Hewson, Leeds

Roberts, John, and John Williams, Egremont, Chester, Joiners. Aug 15 at 11 at office Clavey, Austin, Tonbridge, Brewer's Manager. Aug 12 at 1 at Forester's Arms Inn, of Appleton, Castle st, Liverpool Quarryhill rd, Tonbridge. Norton. Hinton rd, Camberwell

Robinson, Albert Kidd, and Henry Shires Maggi, Leeds, Ironmongers. Aug 14 at 3 at Clifton, James Thomas, Brighton, Boot Repairer. Aug 11 at 3 at office of Lamb, South- office of Routh and Co, Commercial bldgs, Park row, Leeds. Pullan, Leeds ampton bldgs, Chancery lano

Rushmer, Frederick Francis, Golborne rd, Notting hill, Grocer. Aug 9 at 3 at 270, High Coates, William, Bradford, Butter Factor. Aug 19 at 3 at Temperance Hotel, Sedbergh. Holborn. Fox, Paddington Last and Betts, Bradford

Sears, John Newton, Old Jewry, Financial Agent. Aug ii at 2 at office of Cooper and Collins, Henry, Newport, Mon, Baker. Ảug 15 at 11 at office of Tomlinson, Commercial Co, Cheapside. Winkworth, Coleman st st, Newport

Sell,' William John, and John Tandey, Price's yd, Caledonian rd. Builders. Aug 15 at Cooper, Harvey Alexander, Devonport, Baker. Aug 11 at 11 at office of Square and Co, 12 at Masons' Hall Tavern, Masons' avenue, Basinghall st. Fulcher, Albert rd, Bank of England chbrs, Plymouth

Dalston Corran, Isaac, Newcastle upon Tyne, Tailor. Aug 8 at 3 at office of Jolliffe, Collingwood Shambrook, Charles, West Ham, Oilman. Aug 9 at 2 at offices of Hanson, King st, st, Newcastle upon Tyne

Cheapside. Dear, Gresham st Critchley, Henry, Stafford, Grocer. Aug 10 at 12 at Vine Hotel, Vine st, Stafford. Hand Sheppard, Richard Henry, Bristol, Licensed Victualler. Aug 11 at 12 at office of Wood and Co, Stafford

and Co, Bridge st, Bristol, Bramble and Watts, Bristol Cattriss, James, South Shields, Durham, Herb Beer Retailer. Aug 17 at 12 at 48, Clay- Smith, Edwin, Elston, nr Newark, Licensed Victualler. Aug 14 at 3 at 7, Middle pave. Davies, John Walter, Newtown, Montgomery, Ironmonger. Aug 16 at 12.30 at the Bank, Smith, John, South Stockton, out of business. Aug 14 at 12 at offices of Vachell Deadman, John, Wolverhampton, Staford, Fruiterer. Aug io at 11 at offices of Rhodes, Smith, John Thomas, Smith st, Mile End, Licensed Victualler. Aug 12 at 11 at offices Druce, William Huble, Stowmarket, Suffolk, Hairdresser. Åug 14 at 11 at 12, Bishops. Sowrey, Jeremiah, Kingston-upon-Hull, Clothier. Àug 15 at 3 at offices of Martinson,

gate st Without. Gudgeor Drury, Benjamin, Kingston-upon-Hull

, Builder. Aug 11 at 3 at Law Society, Lincoln's Stableford, James Brown, Leicester, Grocer. Aug 17 at 3 at omices of Wright, Belvoir inn bldgs, Bowlalley lane, Bull. Redfearn, Hulle

st, Leicester Dugdale, Robert, Manchester, Merchant. Aug 21 at 3 al offices of Rylanco, Essex st, Staddon, Joseph, Long lanb, Borough, Publican. Aug 10 at i at ilajons Hall Tavern, Manchester

Basinghall st, Fowler, Dowgate hill



Stovell, Edwin, Goswell rd, Chemist. Aug 10 at 3 at offices of Palmer, Adelaide place,
London Bridge. Chinery and Co, Fenchurch st

Swaby, Frederick Richardson, Lincoln, Joiner. Aug 9 at 11 at offices of Andrew, Silver

st, Lincoln Tandy, Edward, Leicester, Boot and Shoe Maker. Aug 17 at 12, at office of Gee and Parr, Gallowtree gate, Leicester


625 Re The Gloucestershire Banking Taylor, Kendrick, Brackley, Northampton, Butcher. Aug '18 at 11 at Crown Hotel, INJURIOUS AFFECTION OF LAND BY OB

Brackley. Barnes, Brackley

627 In re Clark

634 Thompson, John Robert, Richmond crescent, Barnsbury, Butcher. Aug 10 at 3 at LEGISLATION OF THE YEAR............ 628 Rippingall v. Rippingall and Lock. Essex Arms, Brentwood. Lewis, Mincing lane


.................. 629 Tildeslev, David, and Alfred Hailey, Irongate Wharf, Paddington, Ironmongers. Ang CORRESPONDENCE .................... 630 SOCIETIES

635 28 at 2 at Guildhall Tavern, Gresham st. Yeo and Warner, Finsbury pavement CASES OF THE WEEK


635 Towne, George, Melton Mowbray, Leicester, Butcher. Aug 11 at 3 at office of Gee and In re The Exchange Banking Com


636 Parr, Norman st, Melton Mowbray


636 Turpin, John, Dunstable, Bedford, Straw Plait Dealer. Aug 18 at 11 at King st, Luton. The Governors of the Foundling PROPOSED INCORPORATED LAW SOCIETY Scargill

Hospital v. Dunbar
631 FOR SCOTLAND.................

636 Vickerman, William, and James Cape Vickerman, Lowthorpe, York, Corn Millers. Dean y. Wright

........... 632 NEW ORDERS, &o. Aug 16 at 3 at Black Lion Hotel, High st, Bridlington. Richardson, Market pl, Brid- Dunlop v. Dunlop


637 lington

Ex parte Harper.


............ 637 Waddington, William, Padiham, Lancaster, Cotton Spinner. Aug 12 at 3 at Mitre Hotel, Ex parte Price ....... .............. 632 LEGISLATION OF THE WEEK .......... 637 Cathedral yd, Manchester. Leigh, Manchester

Ex parte Bolland

633 LONDON GAZETTES, &c., &0........... 638 Webster, John, Martin, nr Bawtry, Notts, Farmer. Aug 11 at 11 at Crown Hotel, Ro The Royal Dramatic College

Bawtry. Singleton, Bradford
West, Thomas, Paddington st, Fruiterer. Aug 15 at 3 at office of Watson, Southampton

bldgs, Chancery lane
White, James, St John in Bedwardine, Worcester, Painter. Aug 14 at 11 at office of

Notices to CORRESPONDENTS.- All communications intended for publication Griffiths, Sansome pl, Worcester

in the SOLICITORS' JOURNAL must be authenticated by the name and address of Whitwam, Sarah, Harden Beck, nr Bingley, Grocer. Aug 14 at 11 at office of Atkin. the writer.

son, Dale st, Bradford Wood, Percy, Pall Mall, Tobacconist. Aug 14 at 3 at Guildhall |Tavern. Foster, Birchin lane

The Editor does not hold himself responsible for the return of rejected commuriWoodrow, William, Edgware rd, Carriage Salesman. Aug 23 at 2 at office of Brighten, cations.

Bishopsgato st Without
Wotherspoon, Alexander Watson, Carlisle, Confectioner. Aug 14 at 3 at offices of
Wannop, Scotch st, Carlisle

The Publisher requests that early application should be made by persons Young, William, Keane ter, West Kensington, Stationer. Aug 17 at 12 at offices of desirous of obtaining back numbers of the SOLICITORS' JOURNAL, as only a small Jones and Julius, Finsbury circus

number of copies remain on hand.

.... 634




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party ; or, by leave of the judge, any other person allowed CURRENT TOPICS.

by the judge to appear instead of such party.” It would be desirable that the little Bill now before Parliament should be more definite in explaining its object, and also somewhat

more precise in its language. It provides that “no person' WE PUBLISH elsewhere an order, dated on Thursday last, re- other than a solicitor shall recover any fee for acting on behalf of transferring to Mr. Justice Fry the causes and matters which

"any other party" in any proceeding in a county court. What is during that learned judge's absence on circuit were transferred to the meaning of “other” party ? Mr. Justice Kay.


Mr. JUSTICE NORTH will sit in the court of Vice-Chancellor THE REPORT of the Gloucestershire Law Society calls attention Hall on Wednesday, the 16th inst. We believe that his lord- to a matter which we think deserves careful attention. No conship’s list will contain a large number of petitions in addition to veyancer can have failed to observe the rapidly increasing the usual batch of motions. It appears to be more than probable stringency of conditions of sale. Conditions which, ten years that it will be found necessary for the Vacation Judge to sit on ago, would have been thought too depreciatory to be inserted two days in the week.

except under special circumstances are now used almost as a matter of common form. The condition throwing

on the purchaser

the expense of stamping any unstamped or insufficiently stamped THE FIRST INSTALMENT of the classification of clerks in the document of title was originally accompanied with the statement,

“ if legal offices, to which we referred last week as imminent, appears

any such there be, which, however, is not known to be the in the Gazette in the shape of three orders, the first of which case,” or at all events with a restriction as to the age of the docu

ments referred to. This statement or restriction is now very relates to the Central Office, and the other two to the Probate, commonly omitted, with the result that the purchaser may Divorce, and Admiralty Division. All the clerks who are not find himself burdened with the cost of stamping, and penalty principal clerks are divided into three classes. The first class begins at a salary of £500, rising by annual increments of £20 to condition of rapid recent growth is that which requires the

on stamping, of documents of essential importance. Another £600; the second class begins at a salary of £250, rising by purchaser on completion to pay to the vendor the whole of annual increments of £15 to £400; and the third class begins the rents for the current half-year, leaving him to collect at £100, rising by annual increments of £10 to £200. The com- them from the tenants when they become due.

There are pletion of this classification will form an important step towards the result which it is desired to accomplish, of making future adopt this condition, no doubt to the great satisfaction of their clerks of the lower grades interchangeable, so that one depart clients; but it may be questioned whether the purchaser ment may borrow clerks from another in case of pressure of work.

fully considers that the vendor thus gets a considerable addition to the purchase-money, and that the purchaser may never succeed

in recovering the rents. The condition throwing on the purTHE JUDGMENT of Lord COLERIDGE in Re Wilkins, Blyth, & chaser the expense of everything necessary to complete the Fanshawe appears to afford a very important caution to solicitors. vendor's title is of older date, but is coming into more extensive The practice of employing a shorthand writer in important cases use.

It is obvious that it may

cause considerable has become nearly universal, and the risk revealed by the recent pense to the purchaser. These conditions, however, are intellicase-in which Lord COLERIDGE refused to interfere with the dis- gible to a careful purchaser, and if he chooses to buy under cretion of the master who struck out the costs of the shorthand them he has no one to blame but himself. But there are other writer on a taxation between a solicitor and his client of the extra conditions the object of which is not obvious to the purchaser, costs of a proceeding—will probably startle many of our readers. and which may be intended to conceal grave defects of title ; Seeing that these costs are always heavy and consist of payments for instance, the condition making recitals in any abstracted out of pocket, solicitors will do well to take specific instructions deed conclusive evidence, and precluding the purchaser from in writing on the subject from their clients. Even where it is requiring the production for any purpose of documents of probable that the court will allow the costs of taking and tran- title not in the vendor's possession. "It is natural enough that scribing shorthand notes as against the other side, this

a vendor's solicitor should do his best to save his client's but precau

purse, tion is not unadvisable. In the recent case the costs of the it is another question whether it is to the interest of the public or shorthand writer are stated to have amounted to £524.

the profession that great cost and risk should be thrown on the purchaser; and when we come to consider common form conditions of sale prepared for use by all the solicitors within a particular

district, very different considerations come in. Here the point A BILL which has been read a third time in the House of to be aimed at seems to be a fair adjustment of the expenses Commons proposes to provide that “So much of section 91 of the between vendor and purchaser. It cannot be to the advantage of County Courts Act, 1846, as is still in force is hereby repealed, practitioners in a district that purchasers should always be burdened and the following provisions shall from and after the passing of with every expense connected with investigating and deducing this Act take effect in lieu thereof, that is to say: No person title. Common form conditions which achieve this object place other than a solicitor of the Supreme Court shall be entitled to the purchaser's solicitor in this difficulty. He is bound to get as have or recover any fee or reward for appearing or acting on good a title as he can for his client, yet at every step he has to behalf of any other party in any proceeding in a county court." tell him, “I think this is necessary, but then you will have to The section referred to is that which commences by providing pay for it," and when the bill of costs is sent in, the client is very that

no person shall be entitled to appear for any other party apt to be dissatisfied with his solicitor. We think that the to any proceeding in any of the said courts, unless he be an Gloucestershire Law Society are right in objecting to these attorney of one of her Majesty's Supreme Courts of Record, or stringent provisions in common form conditions, and we shall be a barrister-at-law instructed by such an attorney on behalf of the glad if the same views are adopted by other law societies.

“ MARRY EARLY AND MARRY OFTEN," seems to be the best course language, and he finds that they amount to 5,232 volumes, of which to adopt for one who would commit the offence of bigamy, without 2,944 are American reports. Surely this should convey a solemn running the risk of punishment. This was first brought out con- lesson to the editors of the Law Reports, which add so many spicuously in the case of Reg. v. Willshire (L. R. 6 Q.B. D. 366), volumes each year to this enormous number. The tendency is always and another illustration of it has just come to light at the Devon Sum- to report too many rather than too few cases; to fill pages with mer Assizes. John MICHAEL APSE ALLEN was indicted for marry- prolix reports of arguments which might be compressed into a ing ELIZABETH BLACKFORD, his former wife MARY ANN ALLEN, few lines, or, on the other hand, to give strings of cases in lieu formerly HODDER, being alive. The prisoner, when before the of reports of arguments. But the tendency which seems at magistrates, had made a statement to the effect that he was first present to be most marked in certain volumes of the Law married to AMELIA GREATHEAD, who died in 1845, leaving him Reports is to interlard the statement of the argument of counsel with four children; that he next married Mary Ann Rose, at with observations of the judges. For instance, counsel cites a St. James's Church, Longfleet, Poole, in 1847; that MARY ANN case, and we have the observation [JESSEL, M.R.—That was not Rose, his second wife, was subsequently tried at Winchester for a bill for discovery, but to establish an equitable title.] Counsel larceny, and sentenced to nine months' imprisonment, after which cites another case. [Jessel, M.R. - That was a case between she took a fancy to another man, and a regular “agreement” landlord and tenant.] What possible use to any reader can was drawn up in writing between the husband and this man, observations of this kind be ? Everyone can find out for himself whereby he (the husband) assigned his wife to her new admirer, what the judge states. Observations thrown out by the court for the not exorbitant sum of five shillings. Shortly after, in during the argument are usually more or less tentative, and ought 1854, he was married a third time, to one MARY ANN HODDER, rarely to be set forth in reports as considered opinions. The and she having obtained a magistrate's protection order in 1878, babble of the bench should not go beyond the walls of the court. on account of his ill treatment, left him and lived apart. Then in June 1882, he solaced himself by taking to wife ELIZABETH BLACKFORD. For the defence his married daughter, Mary ANN DALE, issue of the first marriage, was called, and stated that she recollected her mother's death, when she

THE DEFINITION OF A “ LODGER.” was about six years old, and the subsequent marriage of her The question, What constitutes a "lodger”? has again been brought father to Mary Ann Rose. She could recollect it because there before the courts ; not this time in relation to the franchise, but to was a "great festival." Some time after this her stepmother was the meaning of the term lodger” in the “ Lodgers' Goods imprisoned at Winchester, and her father subsequently married Protection Act, 1871,” which protects the goods of a lodger from MARY ANN HODDER. She had seen Mary Ann Rose several distress for rent. The courts have, in most of the cases on the times after her father's marriage with MARY ANN HODDER. subject, despairingly confessed their inability to define a “lodger.” Counsel for the defence produced no certificate of the marriage Generally when a judge of the Queen's Bench Division finds a with MARY ANN Rose, and the prosecution had made no attempt question very difficult to solve satisfactorily, he seeks refuge in the to ascertain whether this alleged marriage had really taken place. conclusion that it is a question of fact for a jury or other tribunal Upon this Lopes, J., said that he considered it incumbent upon having to decide the facts. The tendency being now-a-days in the prosecution, having this definite information, to take steps to the direction of throwing the decision of questions of fact upon find out whether the marriage had really taken place, as it was the judge in more cases than formerly, this ancient device is the duty of the prosecution to satisfy the jury, beyond reasonable becoming less frequently available, but still many instances doubt, that the offence had been committed. "He considered that occur in which it can be applied. The case of Ness v. Stephenit was clearly proved that Mary Ann Rose was alive at the time of the marriage of the prisoner with Mary Ann HODDER. The as follows : -The appellant had let a house, the ground floor

son (L. R. 9 Q. B. D. 245) was one of these. The facts were prisoner was acquitted. In future, therefore, when such defence is raised, the prosecution will do well to thoroughly sift the house, with the exception of the shop, from Tomlinson.

of which was a shop, to one Tomlinson. The respondent rented the alleged previous marriages, and not to rely upon two conflict- There was no front door to the premises other than the shop-door, ing certificates of marriage alone as sufficient.

but there was a back door to the house. The respondent took in lodgers and provided all the furniture used in her premises.

Neither Tomlinson nor any servant or agent of his lived or slept SOME INTERESTING DECISIONS upon the exercise of a mort- on the premises. He used the shop as an auction room, and gagee's power of sale have been recently reported. In one of the occasionally let it for balls or dancing parties in the evening. No latest Martinson v. Clowes, 30 W. Ř. 795) the question was auction had been held for fifteen or eighteen months before the whether the mortgagee's known agent, so employed in the matter distress, but balls had occasionally been held there during that of the sale, could buy upon his own account at the auction.

Mr. period. There were some articles of trifling value belonging to Justice North held that the case was within the mischief of the Tomlinson in the shop, but he had not actually used the shop for rule which forbids the mortgagee or his solicitor to bid-namely, any purpose, except as before named, during the fifteen or eighteen that outside bidders might be deterred; and set aside the sale. În months preceding the distress. The respondent had access to her another case (Bettyes v. Maynard, 30 W. R. 792) Mr. Justice premises by the back door at all times, and through the shop when Kay had to deal with a more complex set of facts; and the it was open, and at her request Tomlinson also permitted her to decision went, to a great extent, upon all the circumstances taken have a key of the shop, and to use the shop-door as a front together. The case, however, touched one curious point on which entrance to her premises when the shop was closed. The respondthere is some earlier authority-namely, whether a sale by a mort- ent used to clean the shop and act as caretaker. The appellant gagee could be supported, where the whole or the bulk of the


had distrained on the respondent's furniture in the house for rent chase-money was allowed to remain unpaid on mortgage of the due from Tomlinson, and the question was whether the respondent property. It seems that this circumstance may help materially in was a lodger within the meaning of the “ Lodgers' Goods Protecshowing the sale to be oppressive and improper as regards the tion Act,” and her furniture, therefore, protected under that Act. mortgagor, but is not in itself conclusive. In Thurlow v.

The justices held that the respondent was a lodger. The court, Macheson (L. R. 4 Q. B. 108) the judgment of LUSH, J., suggests on a case stated, held that the question was one of fact for the that so long as there is a real sale—i.e., divesting of the property justices; that there was evidence for them of the conclusion at arranging to leave the purchase-money on mortgage is immaterial. stand. of mortgagee as well as mortgagor—the mode of completion by which they had arrived, and consequently that their decision must That view seems not to give the circumstance all the importance is almost impossible to make the lay mind understand the distinc

The effect of this kind of decision is worthy of observation. It it deserves.

tion between questions of law and of fact as drawn by our judges.

The distinction is, undoubtedly, one that must be drawn, but as AN INDUSTRIOUS AMERICAN LAWYER bas been computing the applied in certain cases it may be questioned whether it is not number of volumes of reported decisions printed in the English rather artificial and intangible. There are, what may be called,


mixed questions of law and fact ; questions which a judge may, distress, though there is no practical distinction between their and often does, treat as questions of law practically, but which position and that of the respondent in Ness v. Stephenson. These may, no doubt, be treated as questions of fact. In the Chancery results seem to be absurd, and it is therefore not wonderful the Division, where the judge is judge both of law and fact, such ques- judges should not be astute to narrow the definition of a “ lodger” tions are treated as questions of law, and the chancery reports are for the purposes of the Act, but in cases relating to the franchise full of cases which a common law reporter would, perhaps, hardly different considerations altogether come into play. have reported. It is impossible to make justices of the peace understand that the decision of a court only amounts to saying that there was evidence, not that the court would have found in the same way on the facts. Though the judges, finding a difficulty,

CASES OF THE WEEK. or, perhaps, differing, seek refuge in saying that the question was

PRACTICE-INTERROGATORIES-LIMITED COMPANY-MEMBER OR OFFICER one of fact, and that there was evidence both ways, the justices of OF COMPANY-ORD. 31, R. 4.-On the 29th ult., the Court of Appeal (JESSEL, the peace will certainly treat the decision as one of law, and in all M.R., and COTTON, L.J.) affirmed the decision of Chitty, J., in a cage of subsequent cases where the facts are similar will decide the same The Manchester Val de Travers Paving Company . Slagy and The way.

Val de Travers Asphalte Paving Company (noted ante, p. 599). An order had

been made in chambers that the secretary of the defendant company This decision will, doubtless, be frequently cited in the revision should answer some interrogatories delivered by the plaintiffs. The plaincourts, but we cannot think it entitled to much weight as an tiffs moved that the order should be discharged, and that, in lieu thereof, authority in relation to registration cases. The operation of the one Marriott, who was a director of the defendant company, or some other law of distress upon the goods of third parties, such as under- officer of that company, or other person who had cognizance of the business

matters of that company, might be ordered to answer the interrogatories. tenants, has always been regarded as involving the possibilities of Marriott held fifteen shares in the defendant company, and held 300 shares great hardship. We cannot help doubting whether, in dealing of an equivalent value in the plaintiff company, and he was personally with the cases that have arisen as to the meaning of the term interested in the transactions which were in question in the action. Chitty,

lodger" under the “Lodgers' Goods Protection Act,” the judges J., said that, prima facie, the secretary of the company was the proper have not been largely influenced by considerations of that sort. officer to give the discovery, bat that still a director might be called on to

give it. Here, however, Marriott, though he was a director of the defendWe cannot help thinking that, if the hardship of the law of ant company, bad an interest adverse to their success in the action, and distress were put out of sight, or in cases of a different kind where under the circumstances, his lordship thought that the principle of Berkeley the definition of the same term is involved, it would be doubtful v. The Standard Discount Company (28 W. R. 125, L. R. 13 Ch. D. 97), how far the view taken in Ness v. Stephenson would prevail. It applied, and that Marriott was not proper person to make the discovery. is, no doubt, difficult to frame a definition of a lodger, but it view of the case. -SOLICITORS, Bolton, Robbins, & Busk ; Drake, Son, &

The motion was accordingly dismissed. The Court of Appeal took the same seems to us that, according to the decision, the idea of the term Parton. involves that the lodger should lodge or be an inmate in the household of another. The attempts at definition by the BANKRUPTCY_WITNESS-JURISDICTION TO ORDER DELIVERY OF ACCOUNT judges in the registration cases are not really of much service, .- BANKRUPTCY Act, 1869, ss. 96, 97.-In a case of Ex parte Reynolds, for they all of them involve terms equally uncertain with that before the Court of Appeal on the 3rd inst., a question arose as to the jurisdicof " lodger," but they seem to come to that. Cotton, L.J.,

tion of the Court of Bankruptcy under sections 96 and 97 of the Bankruptcy in

Act, 1869. Section 96 enables the court, “on the application of the trustee, Bradley v. Baylis (L. R. 8 Q. B. D. 195), says, "that a at any time after an order of adjudication has been made against a bankrupt, lodger is a man living in a house owned by or leased to summon before it the bankrupt or his wife, or any person whatever known to another person and, to some extent, living there with or suspected to have in his possession any of the estate or effects belonging to that other person.”

Lindley, L.J., says that the word the bankrupt, or supposed to be indebted to the bankrupt, or any person a “lodger” denotes a personal relation of someone lodging rupt, his trade dealings or property, and the court may requira ang such

whom the court may deem capable of giving information respecting the bank. somewhere with somebody. Huddleston, B., in giving judg- persou to produce any documents in his custody or power relating to the ment in Ness v. Stephenson adopted these formula, and said bankrupt, his dealings or property.” And, by section 97, "the court may that he thought that the respondent was living in Tomlinson's examine upon oath, either by word of mouth or by written interrogatorios, house and to some extent living there with him, and that there was a

any person so brought before it in manner aforesaid, concerning the bankrupt,

his dealings or property." In the present case the brother of the bankrupt personal relation such as was suggested by Lindley, L.J., of some- was summoned for examination ander section 96, and in the course of his one lodging somewhere with somebody. It does seem to us, we examination it was suggested by the trustee's counsel that he should furnish must say, that it was very difficult on the facts to say that the to the

trustee an account of all moneys and shares received by him froni the respondent lived with Tomlinson. Tomlinson did not live on the witness expressed his readiness to do this, and the examination was adjourned

bankrupt, and of all his monetary transactions with the bankrupt. The premises at all, so far as we can see. It may be that in cases to enable him to do so. At the adjourned examination he produced an where the landlord either actually lives in the house or con- account with which the trustee was not satisfied, and on his application the structively lives there by reserving a room which he may occupy registrar

made an order that the witness should, within fourteen days, furnish as a residence or which he occupies by a servant, the occupier of to the trustee a full account of moneys received by him from the bankrupt or the rest of the house may be called a lodger. But here Tomlinson each sum so received, " the person from whom and the date when received,

from any other person or persons for him or on bis behalf, with full details of only occupied a shop, and did not either by himself or his servant and whether by cash, notes, or cheque, the date of any moneys being paid occupy any part of the premises as a residence. Possibly the into the bank, and the name of the bank ; also an account of all stocks, same test is not applicable in the case of a distress and under the shares, or securities of any kind received by the witness from the bankrupt, or acts relating to the franchise. In any case it does not seem to examination was adjourned for a month, when it was ordered that the witness

And the

any other person or persons, with full details of and as to the same. us that the case is a very reliable authority with regard to the should attend again and produce his pass-books, cheque-books, paying-in slips, lodger franchise. We apprehend that Tomlinson certainly did and any other books, papers, or memoranda showing the monetary transacnot occupy the premises as an inhabitant householder, which tions between himself and the bankrupt. The witness farnished another would be the case if he resided there. It does not seem to us that account to the trustee, but the trustee was still not satisfied, and the registrar

made another order for the delivery of a further and better account, for whic he really occupied anything but the shop for the purposes of the purpose the examination was again adjourned. The witness then attended and franchise.

stated on oath that he could not render a better account than that which he The law of distress is left by the “ Lodgers' Goods Protection of a further and better account, and from this order the witness appealed.

had already furnished. The registrar then made a third order for the delivery Act" in a most anomalous state. The goods of the lodger are The Court of Appeal (JESSEL, M.R., and Brett and COTTON, L.JJ.), disprotected, but those of an under-tenant are not. It seems im- charged the order, on the grouod that there was no jurisdiction to make it. possible to justify this in theory. If a house is altogether let out JESSEL, M.R., said that the witness had given no formal undertaking which in lodgings except a shop or one garret without any furniture in be enforced by the order of the court. The only

remedy of the trustee was to

could be enforced in this way ; his verbal undertaking given on oath could not it, the landlord has nothing available for a distress. If the whole go on examining the witness. The witness could be examined on oath by of the premises are underlet to one person the landlord can dis- means of written interrogatories as to the matters about which the trustee train on the under-tenant's goods. Again, if the premises are desired information, but there was no jurisdiction to compol him to furnish an altogether let out in different sets of lodgings, the landlord re

account in writing not on oath.-SOLICITORS, G, S. & H. Brandon ; Bellamy,

Strong, f Baker, taining no room or right of interference amounting to a constructive occupation of any part of the premises, then it would AFFIDAVIT - Right TO) WITHDRAW_Cross. ExamINATION-15 & 16 appear that the goods of all the under-tenants are subject to Vict. C. 86, s. 40-Ond. 37, R. 4.-In a case of In re The Quartz Hill Con

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