« PreviousContinue »
tion, use, or other restriction, is, in fact, the thing which makes ever, that the question whether the proceedings of the Salvation such a restriction an offence against the rule.
Army do or do not amount to an unlawful assembly does not exThe Master of the Rolls said of the covenant in Tulk v. Mox- haust the legal questions that may arise with regard to the legality hay, that it was affirmative in its terms, but was held by the of their mode of procedure. We cannot help doubting, for court to imply a negative. But a part of that covenant was in instance, whether, if the Salvation Army so conduct their proreality, and not merely by implication, negative—so far as the cessions as substantially to interfere with the ordinary traffic of covenantor was to keep the garden“ uncovered with buildings.” the streets, they would not be liable for obstructing the highway. It is remarkable that the judgment seems only to have dealt with The highways are not intended for religious demonstrations, howthis negative part of the covenant: a fact which, as we pointed ever praiseworthy; and although, practically speaking, in the case out on a former occasion (supra, p. 309), lends the strongest of similar processions and demonstrations the obstruction is not possible support to the view taken by the Court of Appeal in generally sufficient to induce any one to take proceedings, we are Haywood v. Brunswick, &c., Building Society.
not clear that when sufficient inconvenience was occasioned such proceedings would not lie. It would seem, for instance, that the exhibition of anything attracting a crowd may be an unlawful obstruction of a highway. There is, however, without doubt, con
siderable practical difficulty in the way of proceeding in such ASSEMBLY WHEN UNLAWFUL.
cases for obstructing the highway. The recent case of Beatty v. Gillbanks (L. R. 9 Q. B. D. 308) raised a question of considerable public interest, though we cannot say that the law on the subject admits of much doubt when the matter comes to be considered.
PERSONAL NAMES. The question arose with regard to the proceedings of the Salvation Army. Briefly the facts The question has lately been raised in the pages of a contemwere these.
It appeared that the Salvation Army at Weston- porary whether a man can change his Christian name. Strictly super-Mare were in the habit of forming themselves into proces speaking, of course, the fact that a particular name was given to sions and parading the streets singing and shouting. A sort of anybody at his baptism is, like any other past fact, unalterable. counter-organization had been formed, which called itself the Even in the case of a person christened twice by different names, Skeleton Army, and, as might easily be imagined, the proceedings if we speak with severe accuracy, we must not say that he has of the two armies caused considerable uproar and disturbance, changed his baptismal name, but that he has got two baptismal and were calculated to lead to breaches of the peace.
But it names.
Thus, if a member of the Church of England, christened appeared that the breaches of the peace and tumult were caused, Martin Luther, joins the Church of Rome and is there christened not by the proceedings of the Salvation Army directly, but by the Ignatius Loyola, a pedantic propriety would require us to say that opposition of the rival organization. The magistrates treated the he has got a Protestant Christian name and a Roman Catholic leaders of the Salvation Army as having taken part in an unlawful Christian name as well. However, what people mean when they and tumultuous assembly, and ordered them to be bound over, ask the question, “ Can a man change his Christian name?" is with two sureties, to keep the peace for twelve months, and in really this, “ Can a man disuse the name given him at baptism, default to be imprisoned for three months, or until they should and adopt some other name in its place ?” And there is a popucomply with the order. Against this decision they appealed. lar notion, not without warrant from expressions in books of The court reversed the decision of the magistrates. The summary authority, that this is impossible. The cause of the distinction of the grounds of the judgment contained in the head-note to the thus drawn between the Christian name and the surname is easy report in the Law Reports is as follows-viz., that the appellants to detect. The Christian name is imposed with a solemn rite of having assembled with others for a lawful purpose, and with no in- religion, as old as the Christian Church, and, indeed, so far as the tention of carrying it out unlawfully, but with the knowledge that imposition of the name is concerned, of an antiquity far greater their assembly would be opposed, and with good reason to suppose than that of the Christian Church. The surname, on the other that a breach of the peace would be committed by those who hand, is the product of a habit which has only grown up, though opposed it, the appellants could not be rightly convicted of an genealogists are apt to forget it, since the Norman Conquest. Thus unlawful assembly. This result seems to be in conformity with the Christian name may naturally claim to be in some sort a person's the justice of the case and the undoubted principles of the law real name in a sense superior to his surname. In early times a on the subject of unlawful assemblies. Everyone must feel, as a custom existed by which a person could adopt a new name at his matter of justice, that proceedings should rather have been taken confirmation. It was the duty of a priest when christening infants against the leaders of the Skeleton Army than against those of the to "refuse to pronounce the same, if the parents or godfathers do imSalvation Army. Binding over the leaders of the Salvation Army pose and give them ludicrous, filthy, or ill-sounding names" (Ayliffe, to keep the peace was rather like binding the lamb over to keep the 105). It was, perhaps, to this duty being neglected that was due peace towards the wolf.
Archbishop Peccham's Constitution which directs such names to In common fairness it seems obvious that the people to be bound be altered on confirmation (Gibson, 363). But this custom of taking over are not those who assemble for a lawful purpose which a new name at confirmation was not confined to cases where the they know is likely to be opposed, but those who unlawfully baptismal name was an unseemly one ; even so innocent a name oppose them. It is almost equivalent to saying that the criminal as Thomas could be abandoned ; and the name taken at confirmais not the person who has a purse which incites another to steal, tion was regarded as the true name. “If a man be baptized by but the person who steals it. So far as the law on the subject is the name of Thomas, and after, at his confirmation by the bishop, concerned, it seems quite clear that a tumultuous and unlawful he is named John, he may purchase by the name of his confirmaassembly must be accompanied with circumstances of actual tion. And this was the case of Sir Francis Gawdie, late Chiefe violence or tendency thereto on the part of those assembling Justice of the Court of Common Pleas, whose name of baptism themselves together, and that an assembly of persons not accom- was Thomas, and his name of confirmation Francis; and that panied with such circumstances as these can never be a riot, name of Francis, by the advice of all the judges in anno 36 Hen. 8 however unlawful their intent. It therefore seems clear that the he did beare and after used in all his purchases and grants. appellants were not guilty of the particular offence with which And this doth agree with our antient books, wherein it is holden they were charged, for all the circumstances of violence arose that a man may have divers names at divers times, but not divers from the opposite party, not from theirs. The magistrates seem Christian names” (Co. Litt. 3a). It is needless to remark that the to have thought that it was sufficient to constitute an assembly custom of taking a new name at confirmation has long since died unlawful if those taking part in it knew that their proceedings out, and the form of the Confirmation Service in the Prayer Book would give rise to tumult and violence on the part of their affords no opportunity for the bishop to pronounce a new name. opponents. This is obviously untenable. Such a doctrine would in the present day there can be, we think, no doubt that render illegal all meetings, however laudable their object, or the designation by which a
for a length howerer essential to the public interest, if only there was reason of time called himself, and been known and recognized by to expect violence in opposition to them. It would seem, how others, constitutes his real name, whether given to him at baptism
or not. During the eighteenth century the custom grew of imposing two or more Christian names. The inconvenience of using
REVIEWS. them all makes people in general drop all except one, and this practice is recognized by the law. Thus, in the case of a devise
GREAT SPEECHES BY GREAT LAWYERS. to William Marshall, there being two persons, one named William GRBAT Speeches BY GREAT LAWYERS. By William L. SNYDER, of the Marshall and the other William John Robert Blandford Marshall,
New York Bar. New York: Baker, Voorhis, & Co. 1881. parol evidence was held admissible to show which was the devisee intended, though had none been forthcoming the testator would speeches by eminent lawyers in America and Great Britain. It was
This is the first volume of an intended collection of arguments and have been presumed to mean the one called William Marshall originally meant to divide the work into subjects corresponding with the simpliciter (Bennett v. Marshall, 2 K. & J. 740). Again, when main divisions of jurisprudence, and to illustrate each by selected the name is altogether different from the baptismal name, a legatee speeches
. But this plan was found to be impracticable, and the various can take if he can show he is the person intended. So, in Delmare specimens of oratory have been allowed to succeed one another apparently v. Robello (1 Ves. Jun. 415), a gift by a Jew to his daughter book has gained more than it has lost by this being the case.
On the wbole we think the Reyne was held good, though before the date of the will she had aid of the table of contents and the index the student can peruse the argu
With the become a Christian and been baptized by the name of Maria ments in the order he prefers, while the general reader will probably Hieronyma. The same has long been held in the case of a deed. think that the absence of system is fully compensated by the increased “The name of the persons in grants is set down only to distinguish variety. In some instances the arguments on both sides are given; and persons, and to make the person intended certain : and, therefore, all cases Mr. Snyder has prefixed a brief but sufficient account of the cirhowsoever it be best and most safe to describe the person by his cumstances. The book contains a wide range of topics, from questions true and proper name of baptism, and also by his surname, yet of international and constitutional law to trials for murder and criminal mistakes in this case, unless they be very gross, will not make void conversation. The field of international law has been cultivated by the grant. Nihil facit error nominis cum de corpore constat. And, to find a considerable portion of the work devoted to this class of subjects.
American jurists with such assiduity and success that we are not surprised therefore, if one that is a bastard hath gotten a name by reputa- Thus, Mr. Snyder opens with Patrick Henry's argument in favour of tion in the place where he doth live, or another man hath gotten the right of Virginia, during the Revolution, to confiscate British debts. another by common esteem than his own right name, or is The speech is spirited, but perhaps a little too rhetorical for a question usually called by another name than his true name in the place of law. A severer style, but one more befitting a jurist, prevails iu Mr. where he lives, in these cases they may grant by this name and O'Connor's cogent argument in the case of the brig General Armstrong. the grant is good. And if John at Stile grant by the name of This vessel was an American privateer, which was destroyed in 1814 by William at Stile, this grant is good. Et sic de similibus
a British squadron, after a severe contest in the port of Fayal, in the
dominions of Portugal, a neutral power. Portugal demanded redress (Sheppard's Touchstone, 233). So with a grantee : “ If a grant is from England, which she failed to obtain. On the other hand, the made to Alfred Fitzjames by the name of Ethelred Fitzjames,
United States made à demand on Portugal for the loss. The latter claim the grant is good (Ibid. 236). The same principle, that “the was submitted to the arbitration of Napoleon III.; and he, in 1852, name is only to distinguish persons, and to make the person rendered an award in favour of Portugal, which was accepted by the intended certain,” operates in the publication of banns of marriage. Government of the United States. Upon this the owners and crew of Thus, where one Abraham Langley had been known for three years the privateer presented a claim against the United States for 131,600dols., as George Smith, it was held that the banns of marriage had been and their case was argued with learning and with success by Mr. duly published in the name of George Smith, the court remarking O'Cornor, whose speech is here given. In the trial of the officers and that had he used the name of Abraham Langley, by which he was
crew of the Confederate privateer Savannah the arguments on both
sides are presented. Mr. Snyder has rightly adopted this course, as we not known, the object of the publication of banns would have been thus get a remarkably full discussion of the right of revolution within defeated (R. v. Billinghurst, 3 Man. & Sel. 250).
the law of nations, and the rights of revolutionists under the laws of war. Lord Selborne, in Charter v. Charter (L. R. 7 E. & I. App., at A striking contrast to these grave topics is offered by Mr. Serjeant S. p. 385), says with reference to the material importance of name as Prentiss's defence of Judge Wilkinson, Judge Wilkinson being about compared with description : “ When a court has to choose to marry visited Louisville, in Kentucky, to make preparations for the between the name, which is only one part of an entire description, event, in company with his brother Dr. Wilkinson, and Mr. Murtaugh, and other parts of the description more applicable to a person who ordered a suit of clothes of Mr. Redding, who followed the very
who like himself were residents of Mississippi. Dr. Wilkinson had does not bear the name, there is certainly no general rule that the respectable occupation of a tailor, occasionally relieved and interspersed name should bear a preponderating weight; nor even that in re by the more agreeable pursuits of a coffee-house keeper." The coat did dubia it should always turn the scale so as to save the devise from not fit; an altercation ensued ; and Judge Wilkinsou struck the tailor being void for uncertainty.” An instance in point occurred in with a poker. After this encounter the parties separated, and Judge Patching v. Barnett (51 L. J. Ch. 77).
Wilkinson retired with his friends to a bar-room, where he dismissed the The general conclusion to which we come is that a person's affair from his mina :-“With buoyant feelings and pulse-quickening name is a matter of fact rather than a matter of law; and that anticipations, he had come more than a thousand miles, upon a pilgrim. while there is a strong presumption that his name is that by and not of strife. He came to transplant one of Kentucky's fairest
age to the shrine of beauty, and not of blood ; upon an errand of love, which he was christened, followed by that of his father, any flowers to the warm gardens of the sunny South. The marriage fenst other names by which he is, in fact, known and distinguished was spread; the bridal wreath was woven ; and many bounding hearts will be recognized in law. Accordingly, any one who is dissatis- and sparkling eyes chided the lagging hours. The thoughts of the fied with the appellation bestowed on him by his godfathers and bridegroom dwelt not upon the ignoble controversy, which, for an un. godmother can, if he likes, disuse it, and adopt some other more guarded moment, had occupied his attention, but upon the bright and to his taste; and if he can persuade the rest of the world so to glorious future whose rapturous visions were about to become enchanting call him, he may he said, to all intents and purposes, to have pleasant meditations, the angry tailor suddenly appeared in the bar-room,
Unfortunately, while Judge Wilkinson was indulging in these changed his Christian name. At the same time any prudent person followed by “a right smart crowd" of his friends. The Mississippians would take care so to describe himself in any legal or other import- were attacked, knives and pistols were freely used, and two of Redding's ant document that no question could hereafter be raised about his compavions were killed in the affray. Subsequently Judge Wilkinson identity.
and his friends were indicted for murder, and successfully defended by Mr. Prentiss. A great deal of local feeling had been excited by the
affair, and not the least remarkable feature in the speech is the adroit The law, so long unequal in favour of the husband, has now swong round flattery, of Kentucky with which Mr. Prentiss indulged the jury. towards inequality in favour of the wise. The married woman who is tied to
Another argument for the defence in a trial for murder is that of Mr. A worthless bust and can take refuge in an hotel, or in lodgings, or with Seward on behalf of William Freeman, in which the difficult question of friends, and dely him 10 touch her property ; the married man tied to a insanity is ably discussed. Of a different kind is the speech of Mr. Rufus worthl's wife, if burdened with children, can hardly take the same course, Mr. Choate's argument was not only
successful with the jury, but con
Choate on behalf of Helen Maria Dalton in the Dalton divorce case. especially if he is in a situation which he is unwilling to leave.--Echo. At the Stock and Share Auction Company's
sale on the 7th inst. the
follow- Dalton received a bouquet from her husband, and, in a short time, the
vinced the husband of his wife's innocence. Soon after the trial Mrs. ing were among the prices obtained:- United Horse Nail, 9s. ; Roman Gravels, 81; Ooregum Gold Mining, 6.; Indian Kings'on and Sandhorst, 58. 6d. pair were happily re-united. Taunus Silver Lead Eight per Cent. Press., 158. ; Walkham United Mines, Another striking speech for the prisoner is that of Mr. David Paul 68. ; Rio Grande do Sul, B. Warrants, 259.
Brown at the trial of Holmes for mavslaughter on the high seas
Holmes was a sailor on board an emigrant ship which was wrecked. somewhat curioue. I once heard & judge solemnly lay down that it is He was the last of the crew to leave the ship, and was conspicuous for his the duty of a solicitor to keep an exact daily history of everything he courage and humanity during the wreck. But afterwards, the long-boat does !! Would that we could be judged by a tribunal of our own pro. boat being overcrowded and in imminent danger of sivking, Holmes fession as the bar is !
A SOLICITOR. and others, in order to save it, threw sixteen passengers into the Mr. Brown defended Holmes in a powerful address, remarkable for whose position entitles his views to consideration, but we must not be
[We print the above as the opinion of a member of the profession the skill with which he kept the circumstances vividly before the jury :“ This case, in order to embrace all its horrible relations, ought to be supposed to concur unreservedly in all the opinions expressed. -Ed.
S.J.] decided in a long-boat, hundreds of leagues from the shore, loaded to the very gunwale with forty-two half-naked victims; with provisions only sufficient to prolong the agonies of famine and of thirst; with all
" MORTGAGOR OF LAND." the elements combined against her: leaking from below, filling also from above; surrounded by ice, unmanageable from her condition, and subject
[To the Editor of the Solicitors' Journal.] to destruction from the least change of the wind and the waves—the Sir,- I should be glad to be allowed a further and final word on the most variable and most terrible of all the elements. Decided at such a question, “ Are leaseholds within section 18 of the Conveyancing Act ?" tribunal, nature-intuition-would at once pronounce a verdict, not only with especial reference to your requirement that an affirmative solution of acquittal, but of commendation.”
must be such as to commend itself to “men of sense and discretion.” Besides the American examples, Mr. Snyder gives the opposing The discussion that has taken place in your columns hardly leaves the speeches of Plunket and North in the case of R. v. Forbes; and the subject in a very satisfactory state; and if there be anything in the Arguments and charge to the jury in the case of Massy v. The Marquis point you have raised, its practical importance may excuse a little of Headfort. He also reproduces the speech of Thomas Erskine in the elaboration. prosecution of Williams for publishing Paine's " Age of Reason.” We do Now, it should not be lost sight of that the question at issue is not as not think this a happy selection from Erskine's speeches. It was as to the exact meaning of the words “land of any tenure”; it is not precisely, counsel for the defence that Erskine displayed his great powers of even, as to the meaning of the term "land" in section 18; but I submit advocacy. On the other hand, Mr. Snyder has done well in giving the that the problem to be solved is, What is the true interpretation of the speech of Sir James Mackintosh iu defence of Jean Peltier, which is well expression “mortgagor of land” in that section f I have no objection worth attention. In conclusion, we gladly recommend this book to to admit that the strict, though not the modern and popular, meaning of English readers. Those who are studying forensic speaking will find the land of any tenure”'excludes leaseholds for years. I grant that it time they spend with such examples of brilliant advocacy well repaid; might have been better to have added some such words as
or any estate and all who care for eloquence will meet with much in these pages to or interest therein," as in the case of Lord Cranworth's Act; but I attract and to interest.
maintain that, taking a large and comprehensive view of the Act as a whole, and assuming, as we are entitled and bound to do, that the Act as a whole shall be consistent with itself, we can only collect a uniform
and consistent meaning by construing the word "land" in section 18 as CORRESPONDENCE.
Take, then, the 5th salient division, headed “Statutory Mortgage,”
which immediately follows the similar division headed " Mortgages," SOLICITORS' REMUNERATION ACT, 1881.-GENERAL under which section 18 is found. Division “V. Statutory Mortgage ORDER.
speaks of "a mortgage of freehold or leasehold land.” Now let us go to [To the Editor of the Solicitors' Journal.]
section 7, which sets out the covenants for title to be implied in “ Sir,--As the General Order made in pursuance of the above Act affects conveyance by way of mortgage of leasehold property.” The phrase 80 materially the interests of the profession, it is a matter of vital import.
“the land conveyed” is there used. Your contention would make the ance to both solicitor and client that it should be free from any ambiguity expression mortgagor of land" in section 18 applicable to the statutory or liability to misconstruction. I would, consequently, point out that in mortgage of freehold land only, and would deny that it is applicable at the case in which a solicitor acts for both vendor and purchaser in an
all to the mortgage of leasehold land mentioned in section 7; and the ordinary sale and purchase transaction, he is entitled under the order, if ground of your contention is that “land, unless a contrary intention strictly construed, to charge the full commission (according to Part I. of appears," means " land of any tenure," and that the words “of any Schedule 1.) as vendor's solicitor, and also the full commission (according tenure” are words of restriction and not of amplification. to Part I. of Schedule I.) as purchaser's solicitor; inasmuch as rule 2 of
Therefore, when the context classifies lands as if they were of different the rules intituled “Rules applicable to Part II. of Schedule I.” does not tenures, or when it shows that leasehold land is intended, this amounts to a affect transactions of the description mentioned. It is questionable declaration that leasehold land is not of any tenure ! I doubt very much whether such a result was intended, but the order seems capable of no
whether such a principle of interpretation will commend itself to other construction. Solicitors are constantly acting for both vendor and of sense and discretion.” The interpretation clause must itself to some purchaser in the same transaction, especially in sales by private contract, extent be interpreted by the manner in which the interpreted term is used and it is most desirable that their reinuneration in such cases should be throughout the Act as a whole; and when we find that many parts of the definitely fixed.
A. St. B. HOLLAND,
Act would be devoid of rational meaning unless we conclude that “land 92, London-wall, E.C., Ang. 23.
of any tenure” was intended to embrace the derivative tenure leasehold, I think we are justified in drawing that conclusion. When the Act speaks of mortgages of all sorts of land, why should you stop short at section 18
and apply your feudal microscope ? SOLICITORS' CASES : RE W. E. TATTERSHALL,
I must respectfully demur to your explanation that Mr. Joshua [To the Editor of the Solicitors' Journal.]
Williams, at the commencement of a chapter on Tenure, wrote “tenure" Sir,- It must be gratifying to the whole profession that the Incor- instead of.“ tenancy,” in reference to a lease, by a slip of the pen. porated Law Society did not appear as prosecutors in this case, which is it was a slip of the pen that has had fourteen editions, and the pens of evidently one of great bardship.
our standard text-writers must have been slipping for generations. I know nothing of Mr. Tattershall, except what appears from your
I said that the controversy does not torn on the meaning of the word report. Judging from it, he seems to have been a respectable, but un
“ land" alone, but I have left myself no space to draw out the meaning fortunate, practitioner, who, under the pressure of "heavy losses from of the word “mortgagor," except to say that that term is defined absoforgery and embezzlement,” had used the money lying to his credit with lutely-without any liability to qualification from a contrary intentionhis bankers, which, primâ facie, every man has a right to do. He was
as including a mortgagor of leasehold land. not wrong in having paid the trust income to his own account, for the
On the whole, I fancy your readers will be of opinion that there is not Master of the Rolls said he“ did not call that an offence." His offence much reason for your perplexity as to “how these reluctant sheep seems to have been, not the having made use of the money, but the leaseholds for years) “ are to be dragged into the fold" (of section 18). having failed to restore it; for it cannot but be inferred from the judg. It is not generally the ninety and nine (taking that as a typical period) ment that, if the money had been repaid before the application was heard, that give cause for anxiety. If I may quote, in a vein of pleasantry, there would have been no punishmeut at all, or only a nomival one.
lines that have higher functions :Everyone conversant with the details of business (which barristers
“ There were ninety and nine that safely lay and therefore judges—as a rule, are not) knows that a solicitor in large
In the shelter of the fold.” praotice cannot keep a separate banking account for every trust he has And I have given my reasons for thinking it is so here. to do with, nor do his clients ever dream of his doing 80-antil, indeed, May I take this opportunity of briefly stating, with reference to Mr. they sustain a lo88 which ordinary care on their own part might have Wheeler's letter last week on the case of Paul v. Paul, that I have just prevented, and then they invoke the aid of counsel and judges to punish had a similar instance of the inconvenience resulting from the doctrine the doing of that which, if things had not gone wrong, would never have that has been afirmed by the Court of Appeal ? $1,000 of the settled been found fault with at all.
funds was lent to the husband on third mortgage in breach of trust. The comments of judges on the duties of solicitors are occasionally | The widow has a life interest, with general power of appointment by
will, in default in trust for others. There was no issue of the marriage. capacity he took part in the hearing of several ecclesiastical appeals, The husband by will gave whatever he had to his wife, who sold the including the case of Sheppard v. Bennett. In 1872 he was engaged at mortgaged estate for a price which discharged £300 only of the £1,000. Geneva as an assistant to the present Lord Selborae, who represented this It would be very desirable that the trustees should be released and country in the Alabama arbitration. Dr. Bernard also served on several indemnified, but it cannot be done.
other commissions, including the Naturalization Commission, the Fugitive September 5.
Slipes Commission, and the Oxford University Commission of 1877. Da
that occasion be rendered valuable services in the framing of the new [We think that the remarks of our correspondent (who, if he will college statater, many of them baving been drafted by him personally, He was allow ns to say so, has changed his ground) are well worthy of attention, one of the original promoters of the Guardian, and he was for several years and that it is, at all events, more probable that the sheep will be dragged editor of that newspaper. He was author of several works on international into the fold by some such method as that which he now indicates, than law, the best known among which were “ Four Lectures on Sabjects by his former proposal to give an impossible meaning to the phrase, Connected with Diplomacy,” and “ The Neutrality of England daring the “ land of any tenure." With regard to Mr. Joshua Williams' use of the American Civil War."
tenure," we can only say, with a modest confidence in the strength of our position upon this point, that if the learned writer did
MR, CHARLES GARDNER THOMSON. not make a slip of the pen he made a mistake. This is really one of those things which are not matters of opinion, as our correspondent seems
Mr. Charles Gardner Thomson, solicitor (of the firm of Thomson & himself to be aware.-En. S. J.]
Wilson), of Kendal, one of the coroners for the county of Westmoreland, died suddenly on the 28th ult. at the early age of forty-six. Mr. Thomson was born in 1836. He was admitted a solicitor in 1857, and he had practised
for about twenty-five years at Kendal, where he had a large and important SALE OF SOLICITOR'S PRACTICE.
private practice. For several years Mr. John Bolton Wilson had been [To the Editor of the Solicitors' Journal.]
associated in partnership with bim. He was elected coroner for the Kendal
and Lonsdale Wards of Westmoreland in 1861, and he beld that office till his Sir,- In the Solicitors' JOURNAL of the 29th of July last, a solicitor's death, and be was also clerk to the Kendal Board of Guardians, Assessment practice is offered for sale at two and three quarter years' parchase. Committ e, Rural Sanitary Authority, and School Attendance Committee, and Can you or some of your readers inform me the usual price for the share superintendent registrar for the district. His premature death has caused of a deceased or retiring solicitor? I have found that one year's purchase general sorrow at Kendal. Mr. Thomson leaves a widow and eleven children. is generally paid in commercial firms, and was surprised to find two and He was buried on the 31st ult. three quarter years' purchase asked for the practice of a solicitor. September 4.
NEW ORDERS, &c.
NEW RULES UNDER TRADE-MARKS REGISTRATION ACTS,
1875–77. MR. THOMAS FALCONER.
Rule 6 of the Rules made in August, 1876, shall be altered so as to read
thus, Mr. Thomas Falconer, many years a judge of county courts, died at “5. A person, whether a British subject or an alien, desiring to register a Bath on the 28th ult. at the age of seventy-seven. Mr. Falooner was the trade-mark, shall apply to the registrar by sending to him a statement preson of the Rev. Thomas Falconer, of Bath, and was born in 1805. He was pared in accordance with Rules 6, 7, and 8, and the prescribed fee, with the called to the bar at Lincoln's-ion in Hilary Term, 1830, and he practised addition in the case of a trade-mark which has been used before the 13th of for several years in the Court of Chancery. Soon after the passing of the August, 1875, but not otherwise, of a declaration prepared in accordance with Reform Act he was appointed by Lord Deoman to be revising barrister for Roles 9, 10, 11, 64, 65, 66, and 67.” the metropolitan boronghs, and be acted for several years in that capacity. Rule 11 of the Rules made in August, 1876, shall be altered so as to read In 1851 he acted as an arbitrator upon the Commigeion to determine the thusboundaries of the provinces of Canada and New Broogwick, and in the “11. Where an application for the registry of a trade-mark is made by or on following year be became Colonial Secretary for Western Australia. behalf of any firm or partuership, the statement and declaration shall be Shortly afterwards he received from Lord Truro the appointment of county made by one member only of such firm or partnership, or by any person duly court judge for Circuit No. 30, comprising Swanses, Merthyr Tydvil, and authorized by such firm or partnership; and the registrar may require such other important towns in South Waler. Mr. Falconer was an industrious proof as be thinks fit that the application made is duly authorized by such and successful judge, and was very bigbly esteemed by the legal profession firm or partnership.''
SELBORNE, C. and the mercantile community in bis district. He will long be remembered June 24, 1882. for bis enccessful opposition to the truck system. fle discharged bis overous judicial duties for nearly thirty years, but in the autumn of last year be Rules 23, 24, 25, 26, and 27, made in August, 1876, shall be abolished, was attacked with severe illness while sitting in court at Pontypridd, and and the following rules substituted therefor :he soon afterwards retired on a pension. He had since resided at Bath, and
23, 24. Registration of assignments or transmissions.] The person to whom his health had greatly improved, but a few weeks ago he sustained a fall any registered trade-mark has been assigned or has been transmitted by death, when at a flower sbow, and from the effects of which he never recovered, marriage, bankruptcy, or otherwise by operation of law may apply to be Mr. Falconer was pomarried. He was a magistrate for Moninontbshire, registered as proprietor thereof by sending to the registrar a statement and Glamorganshire, and Brecongbire. His politics were Liberal. He was one
declaration in the prescribed form, and accompanied by the prescribed fee. of the few surviving members of the Society for the Diffusion of Useful
25. Assignee or transmittee may assign his interest although not registered.] Knowledge, and he bad made some liberal gifts to the public libraries at Any assignee or transmittee may assign his interest in any mark, notwithCardiff and Merthyr Tydril.
standing that he has not been registered as proprietor thereof.
26, 27. Declaration by assignee or transmittee.] Every declaration made by
an assignee or transmittee shall state his name, address, and calling, and that THE RIGHT HON. MONTAGUE BERNARD, D.C.L. the mark has been lawfully assigned or transmitted to him with the good will
of the business concerned in the goods with respect to which the trade-mark The Right Hon. Montague Bernard, D.C.L., who died at Overroge, Ross, is registered or with some part of such goodwill ; and the registrar may, if be Herefordshire, on the 2nd jpst., at the age of sixty-two, war the son of Mr; think tit, require proof of the assignment or transmission. Charles Bernard, of Eden, Jamaica, and wae born in 1820. Ho was educated
Whereas it is desirable to alter the amounts of the fees in the second at Sherborne School, and be was successively sobolar and fellow of Trinity schedale charged respectively upon application for, and registration of, trade, College, Oxford, where he graduated first class in classics and second class marks, it is hereby ordered that the fee upon application shall be 5s. instead in mathematics. He obtained the Vinerian Law Fellowship, and he of £1 as at present, and that the fee upon registration shall be £1 15s, instead ultimately proceeded to the degree of D.C.L. He became a popil in the of £1 as at present, but that where application is made for the registration of chambers of the present Lord Chancellor, and he was called to the bar at
more than one trade-mark at the same time and in the same class, the fees for Lincoln's-ion in Easter Term, 1846. He practiced for several yea: 8 as an each mark after the first shall be 5s. upon application and 15s. upon registra equity draftsman and conveyancer, and in 1859 he returned to Ox'ord on bis iion, as set forth in the accompanying amended schedule of fees. election as the first Chichele Professor of International Law and Diplomacy, It is also necessary that an alteration should be made in the second schedule to which a fellowship at All Souls' College was attached. About the same to the Rules, with respect to the fees to be charged on applications for the time be was appointed assessor of the Vice-Chancellor's Court, in which registration of subsequent proprietors in cases of assignment or transmission of capacity he rendered most valuable services by establishing an improved trade-marks. According to the existing definition, the fee or fees can only system of procedure. He also adjudicated in the proceedings which were be charged in cases where the subsequent registration has been actually ungaccessfully taken in that court against Professor Jowett. He held both effected, although the whole work of examination, &c., except the clerical act appointments till 1874, and te acted on several occasions as public examiner of entering upon the register, has been performed. In future, therefore, the in the Sobool of Law and Modern Ilietory and for degrees in civil law. fee for subsequent registration shall be charged on the application for such He proceeded to Washington as a member of the Commiesion to carry registration. out the negotiations which resulted in the Alabama Treaty. Shortly after As rogards the rule made the 4th of February, 1878, to eoable the registered bis retorn to England he was sworn in as o member of the Privy Council
, proprietor of a trade-mark to obtain the cancellation of the entry of such and was also appointed a member of the Judicial Committee, in which trade-mark opon the register, it is found to be desirable to provide also for the
cancellation of any part of an entry. In future, therefore, the registered pro. Thet
18 prietor of a trade-mark may at any time send to the registrar an application
1 to cancel part of an entry upon the register, leaving the registration still in This is the statement marked "B" referred to in the force for the remaining portion of such entry, such application to be accom- declaration of
made before panied by the prescribed fee and by a declaration made by the applicant, me this
18 stating his name, address, and calling, and that he is the person whose name * Here insert name, address, and calling of applicant. If on behalf of a firm appears upon the register as the proprietor of the said trade-mark; and there. or company fill in accordingly. upon the registrar may, if satisfied of the truth of the sta'ement made by the + Here insert date. applicant, cancel part of the entry of such trade-mark, as before mentioned.
| Here insert signature. Moreover, as the Schedule of Fees has been several times amended by New Form of Declaration to accompany Statement on Application for Registra. additions thereto, the whole has been recast and consolidated in the form which
tion by Assignment or Transmission. accompanies these roles. It is furthermore ordered that the revised Schedule of Fees shall come into 1,*
of operation on the second day of October, one thousand eight hundred and do hereby solemnly and sincerely declare, to the best of my knowledge and eighty-two.
belief, as follows:July 29, 1882. SELBORNE, C. (1.) The statement signed by me and dated the
day of We being two of the Commissioners of her Majesty's Treasury do hereby 18. and marked with the letter “B," and shown to me at the time of makiag assent to the above Rules so far as they relate to fees.
this declaration is true : CHARLES C. COTES.
(2.) The trade-mark therein mentioned, together with the good will of the August 12, 1882.
HERBERT J. GLADSTONE,
business concerned in the goods with respect to which registeredt (3.) I hereby declare that
lawfully entitled to be AMENDMENT OF SECOND SCHEDULE.
registered as subsequent proprietor of the said trade-mark referred to io such statement, and that
lawfully entitled to the goodwill of the Schedule of Fees.
business concerned in the goods with respect to wbich the said trade-mark The following fees shall be payable to the registrar on or for the hollowing
registered. occasions or purposes :
I and I make this solemn declaration conscientiously believing the same
$ e. d. to be true, and by virtue of the provisions of the Statutory Declarations 1. On application to register one trade-mark for one or more articles
Act, 1835. included in one class . 0 5 0
$ 2. On application to register more than one trade-mark for one or
in the county more articles included in one class for each additional trade.
this day of mark after the first
- 0 5 0 3. On application to register a trade mark in respect of goods in
* Here insert name, address, and calling of applicant. different classes, for every class after the first to which such
+ Here insert whether assigned or transmitted and how. trade-mark is extended, an additional fee of
| This is not required when the declaration is made out of the United
0 2 0 Kingdom. 4. For registration of one trade-mark
1 15 0
§ Here ineert signature. 5. Where the same person is registered at the same time for more
than one trade-mark, for registration of each additional mark after the first
0 15 0 6. Where the same person is registered at the same time for the
LEGAL APPOINTMENTS. same trade-mark in respect of goods in different classes, for the registration of one mark in each class after the first, an additional fee of
0 2 0
Mr. GEORGE Maw, jun., of Bishop Auckland, has been appointed a 7. For entering notice of opposition for each trade-mark, whether Perpetual Commissioner to take Acknowledgments of Married Women. in one or more classes
· 2 0 0 Mr. FRANCIS FREDERICK PINKETT, barrister, who has been appointed 8. On application to register subsequent proprietor in cases of Chief Justice of the
West Africa Settlements, was called to the bar at Gray'sassignment or transmission, the first mark
1 0 0 inn in Michaelmas Term, 1863. He was formerly a member of the Western 9. For every additional mark assigned or transmitted at the same
Circuit, and he was for several years Crowa Solicitor, Registrar-General, and time
0 2 0 Master of the Supreme Court at Sierra Leone. He has for several mont's 10. For altering address on the register, for every mark
0 5 0 acted as Chief Justica of the West Africa Settlements. 11. For erery entry in the register of a rectification thereof or an alteration therein, not otherwise charged .
Mr. James CHAPMAN, solicitor, of 1, Gresham-buildings, Basinghall-street, 0 10 ° has
been appointed a Commissioner for taking the Acknowledgments of Deeds 12. For cancelling the entry or a part of the entry of a trade-mark upon the register, on the application of the owner of such
by Married Women for the Couuties of Middlesex and Essex, and the Cities of
London and Westminster. trade-mark
0 5 0 13. For certificate of registration to te used in legal proceedings 1 0 0 14. For certificate of registration to be used for the purpose of obtain
DISSOLUTIONS OF PARTNERSHIPS. ing registration in foreign countries
0 5 0
EDWARD WESTLAND BERNARD and WILLIAM Henry King, solicitors, 15. For copy of notification of registration
- 0 2 0 Stourbridge, Worcester (Bernard & King). June 30. The said practice will 16. For certificate of refusal to register a trade-mark under section 2
henceforth be continued and carried on by the said William Henry King of 39 & 40 Vict. c. 33
· 1 0 0 alone, who will receive and pay all debts dus and owing to and from the said 17. For certificate of refusal, at the same time, for more than one
[Gazette, Sept. 1.) trade-mark, for each additional mark after the first
0 10 0 18. Settling a special case by registrar
2 0 0
Robert EDWARD Josiva MATTHEW3 and Robert Wells, solicitors, 19. For continuance of mark at expiration of fourteen years
2 ŏ 0 Southampton-buildings, Chancery-lane (Mitthews & Wells), Sept. 1. 20. Additional fee wbere fee is paid within three months after expira
Robert Edward Joshua Matthews will pay and discharge all debts and tion of fourteen years
1 0 0
liabilities, and receive all mooeys payable to the said late firm. 21. Additional foe for restoration of trade-park when removed for
[Gazette, Sept. 5.) non-payment of fee
2 0 0 22. For inspecting register, for every quarter of an hour
0 1 0 23. For making a search amongst the classified representations of
COMPANIES. trade-marks, for every quarter of an hour
0 10 24. For office copy of documents, 2d. per folio, but never less than 0 1 25. In cases where a trade-mark requires a greater space than two
WINDING-UP NOTICES. inches of the depth of the page of the Trade Marks Journal,
JOINT STOCK COMPANIES. for each additional inch or part of an inch
0 2 6
LIMITED IN CHANGERY. July 29, 1882.
SELBORNE, C. NORTH WINGFIELD COLLIERY COMPANY, LIMITED.-Petition for winding up, presented (Approved) CHARLES 0. Cores,
Aug 30, directed to be heard before Day, J., on Wednesday, Sept 13. Chester and Co, HERBERT J. GLADSTONE,
Staple inn, Holborn, agents for Black, Chesterfield, solicitor for the petitioners
SURREY AND HAMPSUIRE CANAL CORPORATION, LIMITED.--Petition for winding up, Lords Commissioners of her Majesty's presented Aug 31, directed to be heard before the Vacation Judge, on Sept 13. August 12, 1882.
Summerhay, Old Broad st, solicitor for the petitioner
Aug. 5, it was ordered that the voluntary winding up of the above company bo
continued. Chapman, Pancras lanè, solicitor for the petitioner New Form of Statement on Application for Registration by Assignment or
[Gazette, Sept. 1.1 Transmission,
AGRICULTURAL AND GENERAL ENGINEERING COMPANY, LIMITED.-Petition for winding
up, presented Sept 5, directed to be heard boforo Day, J., on Wednesday, Sept 13. "B."
Tibbits and Son, Field court, Gray's inn, solicitors for the petitioners 1, of
East LONDON AND SUBURBAN DAIRY COMPANY, LIMITED.-Creditors are required, on or
before Nov 2, to send their names and addresses, and the particulars of their debts or apply
be registered as subsequent proprietor of the trade. claims, to Mr. Woodley Smith, 23, Budge row, Thursday, Nov 16, at 12, is appointed mark No,
for hearing and adjudicating upon the debts and claims
NEWMARKET COLLIERIES, BRICK WORKS, AND POTTERY COMPANY, LIMITED.--Petition registered on the day of
for winding up, presented Sept 5, directed to be heard before Day, J., on Wednesday, Sept 13. Manning, Westminster chambers, Victoria st, solicitor for the petitioner