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OWEN, EDWARD ROWLAND, Llanfihangel Geneurglyn, Cardiganshire, Farmer. PRIESTLEY, RICHARD MARTIN, Doris st, Kennington rd, Builder. March 3 at 11. Aberystwith. Pet Feb 16. Ord Feb 16
Bankruptcy bldgs, Portugal st, Lincoln's inn fields PARRY, HERBERT, Melksham, Wilts, Saddler. Bath. Pet Feb 17. Ord Feb 17 RATHBONE, WILLIAM, Walthamstow, Mine Owner. March 1 at 12. Bankruptcy
bldgs, Portugal st, Lincoln's inn fields PIPER, RICHARD WILLIAM, Turnpike rd, Hornsey, Builder. High Court. Pet SADLER, PHILIP, Sidmouth, Devon, Grocer. March 3 at 11. Castle of Exeter, Jan 19. Ord Feb 18
Exeter POGGI, WILLIAM ERNEST, Great Crosby, nr Liverpool, Wine Merchant. Liver SHINGLETON, ROBERT, Upper Ground st, Blackfriars, Manager of Shingleton Ice pool. Pet Feb 19. Ord Feb 19
Co. March 3 at 2 30. 33, Carey st, Lincoln's inn POTTER, JAMES, Bolton, Lancashire, Secretary to Building Society. Bolton. TRIMBLE, EDWARD, Tallantine, nr "Cockermouth, Farmer. March 3 at 2. 67, Pet Feb 19. Ord Feb 19
Duke st, Whitehaven PRIEST, FREDERICK WILLIAM, Lordship lane, East Dulwich, Plumber. High USHER, THOMAS JOHN, Devonshire rd, Chiswick, Ironmonger. March 1 at 11. Court. Pet Feb 18. Ord Feb 18
16 Room, 30 and 31, St Swithin's lane RIDLEY, CHARLES HENRY, Maidstone, Chemist. Maidstone. Pet Feb 19. Or1 WIGHTMAN, ALEXANDER, Cattistock, Dorset, Carpenter. March 3 at 12.30. Feb 19
Antelope Hotel, Dorchester SADLER, PHILIP, Sidmouth, Grocer. Exeter. Pet Feb 17. Ord Feb 17
WILLIAMS, JOHN, Talybont, Glamorgan, Ironmonger. March 5 at 11. Off Rec,
6, Rutland st, Swansea SAUNDERS, WILLIAM PHILLIP, Tonbridge, Kent, Boot Salesman. Tunbridge
WING, SAMUEL WHALEY, Colsterworth, Lincoln, Chemist. March 2 at 12. Off Wells. Pet Feb 18. Ord Feb 18
Rec, 1, High pavement, Nottingham SEMPLE, CHARLES EDWARD ARMAND, Goldhawk rd, Shepherd's bush, Doctor of
WOOD, ROBERT HENRY, Drighlington, Yorks Bookkeeper. March 2 at 11. 31, Medicine. High Court. Pet Feb 14. Ord Feb 18
Manor row, Bradford START, WILLIAM, Nottingham, Machinist. Nottingham. Pet Feb 18. Ord Feb 18
ADJUDICATIONS. TRIMBLE, EDWARD, Tallantire, nr Cockermouth, Cumberland, Farmer. Cockerand Workington. Pet Feb 17. Ord Feb 17
ALLWOOD, JOSEPH, Leamington, Coal Dealer. Warwick. Pet Feb 17. Ord Feb 17 WAKEMAN, PHILIP, Taplow, Buckinghamshire, Carpenter. Windsor. Pet Feb ASHTON, JOSEPH, Hyde, Cheshire, Corn Dealer. Ashton under Lyne and 17. Ord Feb 17
Stalybridge. Pet Jan 29. Ord Feb 18 WARD, THOMAS, Kingston upon Hull, Venetian Blind Maker. Kingston upon BARROW, JOHN STEPHEN, Leeds, Accountant. Leeds. Pet Feb 16. Ord Feb 16
Hull. Pet Feb 18. Ord Feb 18 WATSON, ROBERT, Ledsham, Cheshire, Hotel Keeper. Birkenhead. Pet Feb BEBBINGTON, HENRY, Over, Cheshire, Innkeeper. Nantwich and Crewe. Pet 16. Ord Feb 16
Feb 14. Ord Feb 17 Wilcox, HENY ZACHARIAH, Bexhill on Sea, Builder. Hastings. Pet Feb 19. BOVEY, JAMES THOMAS, Torquay, Corn Merchant. Exeter. Pet Feb 18. Ord Ord Feb 19
Feb 18 WILLIAMS, JOHN, Llandilo Talybont, Glamorganshire, Ironmonger. Swansea. BRIEANT, JANE, Pitton, nr Salisbury, Builder. Salisbury. Pet Jan 25. Ord Pet Feb 19. Ord Feb 19
Feb 17 WILSON, JAMES, Sheffield, Licensed Victualler. Sheffield. Pet Jan 26. Ord BRIEANT, WALTER LEWIS, Pitton, nr Salisbury, Builder. Salisbury. Pet Jan 22. Feb 17
Ord Feb 10 WING, SAMUEL WHALEY, Colsterworth, Lincoln, Chemist. Nottingham. Pet BYROM, THOMAS, Leeds, Beerhouse Keeper. Leeds. Pet Feb 16. Ord Feb 17
Feb 17. Ord Feb 17 WINSTONE, WILLIAM HENRY, Cardiff, Jeweller. Cardiff. Pet Feb 17. Ord | CROOK. GEORGE, St Paul's churchyard, Warehouseman. High Court. Pet Jan Feb 17
15. Ord Feb 18 WOOD, ROBERT HENRY, Drighlington, Yorks, Bookkeeper. Bradford. Pet Feb DARBYSHIRE, THOMAS, York, Butcher. York. Pet Feb 15. Ord Feb 16 17. Ord Feb 17
DRURY, APPLEBY, Scarborough, Grocer. Scarborough. Pet Feb 17. Ord Feb 18 The following amended notice is substituted for that published in the London Gazette of Jan 25.
GRAINGER, WILLIAM, Ulleskelf, Yorks, Farmer. York. Pet Feb 19. Ord Feb 19 EDWARDSON, HENRY, Fairfield, nr Liverpool, Accountant. Liverpool. Pet Jan 22. Ord Jan 22
HAND, CHARLES ROBERT, Llverpool, Printer. Liverpool. Pet Jan 28. Ord
HEMMINGS. GEORGE, St Leonard's, Furniture Dealer. Hastings. Pet Jan 27.
Ord Feb 18 ADAMS, FREDERICK WILLIAM HENRY, High st, Sydenham, Baker. March 7 at 3. HENTSCHEL, AUGUST, Camdea rd, Holloway, Manager to Direct Photo Engraving 109, Victoria st, Westminster
Co. High Court. Pet Sept 15. Ord Feb 17 ADAMS, JOHx, Portsea, Bootmaker. March 14 at 3, 166, Queea st, Portse a HUGGETT, ALBERT, Bexbill, Sussex, Gasfitter. Eastbourne and Lewes. Pet Feb
12. Ord Feb 17 ALLWOOD, JOSEPH, Leamington Priors, Warwick, Coal Dealer. March 3 at 11.15. JONES, WILLIAM FREDERICK, Birmingham, Beer Retailer. Birmingham. Pet Off Rec, 17, Hertford st, Coventry
Feb 14. Ord Feb 18 BACON, STEPHEN, Handsworth, Yorks, Colliery Manager. March 2 at 12.30. Off KER, the Hon CHARLES J. INNES, Charles st, Berkeley sq. High Court. Pet Rec, Figtree lane, Sheffield
Oct 23. Ord Feb 19 BAILEY, JAMES, High st, Kingsland, Cheesemonger. March 1 at 11. 33, Carey st,
Knox, WILLIAM, Consett, Durham, Builder. Newcastle on Tyne. Pet Feb 2. Lincoln's inn
Ord Feb 19 BARROW, JOHN STEPHEN, Leeds, Accountant. March 2 at 11. Of Rec, 22, Park
LEWIS, JAMES, Llangan, Carmarthen, Licensed Victualler. Pembroke Dock. Pet row, Leeds
Feb 14. Ord Feb 17 BASE, JACOB, West st. Mile End Old Town, Contractor, March 1 at 12. Bank
LINFOOT, BENJAMIN, and WILLIAM LYNAS, York, Builders. York. Pet Jan 29.
Ord Feb 18 ruptoy bldgs, Lincoln's inn BEBBINGTON, HENRY, Over, Cheshire, Innkeeper. March 9 at 10.30. 152, Hospital MAJOR, JAMES, Middle Rasen, Lincolnshire, Farmer. Lincoln. Pet Jan 6. Ord st, Nantwich
Feb 17 BENJAMIN, H, Sheffield, Picture Frame Maker. March 2 at 2.30. Off Rec, Fig- MORLEY, SAMUEL VICTOR, Queen's Elm, Fulham rd, Gent. High Court. Pet tree lane, Sheffield
Jan 21. Ord Feb 17 BODEN, GEORGE, Sheffield, Coal Merchant. March 2 at 11.30. Off Rec, Figtree MORTON, JOHN, Victoria grove, Kensin ston, Wine Merchant. High Court. Pet
Feb 14. Órd Feb 17 BOVEY, JAMES THOMAS, Torquay, Corn Merchant. March 4 at 3. Queen's Hotel,
MUTLOW, JOHN, Tarrington, Hereford, Farmer. Worcester. Pet Jan 27. Ord Newton Abbott
Feb 17 BROAD, GEORGE WINSTONE, Bristol, Beer Retailer. March 7 at 1. Off Rec, Bank OTTER, FREDERICK, Bainton, Northampton, Farmer. Peterborough. Pet Feb
chbrs, Bristol BUNTING, JOSEPH, Nottingham, Commission Agent. March 1 at 12. Of Rec, 1, PARRY, HERBERT, Melksham, Wilts, Saddler. Bath. Pet Feb 17. Ord Feb 17 BURROW, ALBERT, Bath, Wheel Chair Maker. March 3 at 12.30. Mr Moore, POTTER, JAMES, Bolton, Lancashire, Secretary to Building Society. Bolton. Pet
Feb 19. Ord Feb 19 BURT, HENRY CHARLES, Sturminster Marshall, Dorset, Grocer. March 2 at 12.
ROWLEY, THOMAS, Crown et, Cheapside, Licensed Victualler. High Court. Pet London Hotel, Poole
Dec 20. Ord Feb 17
SAUNDERS, WILLIAM PHILIP, Tonbridge, Kent, Boot Salesman. Tunbridge Wells CHERRINGTON, CHARLES HENRY, Donington, Lincolnshire, Draper. March 3 at
Pet Feb 18. Ord Feb 18 12.30. County Court, Peterborough
TREVERS, TREVERS, Finsbury pavement. High Court. Pet Jan 8. Ord Feb 18 COOKE, EDWIN, Leamington, Hatter. March 1 at 12.30. Of Rec, 17, Hertford st, Coventry
USHER, THOMAS JOHN, Devonshire rd, Chiswick, Ironmonger. Brentford. Pet Cuss, NEVIL, Maisey Hampton, Gloucestershire, out of business. March 2 at July 30. Ord Feb 17 11.20. Off Rec, Swindon, Wilts
WAKEMAN, PHILIP, Taplow, Bucks, Carpenter. Windsor. Pet Feb 17. Ord Feb 17 DE ZUNIGA, JOSE, and JOSE BARBADILLO, Heddon st, Regent st, Woollen WARD, THOMAS, Kingston upon Hull, Venetian Blind Maker. Kingston upon Merchants. March 2 at 2.30. Bankruptcy bldgs, Portugal st, Lincoln's inn
Hull. Pet Feb 18. Ord Feb 18 fields
WILCOX, HENRY ZACHARIAH, Bexhill on Sea, Builder. Hastings. Pet Feb 16. ELWOOD, JOHN SANSUM, Parkeston, nr Harwich, Butcher. March 1 at 12. Off Ord Feb 19 Rec, 2, Westgate st, Ipswich
WRIGHT, JAMES, Hendon, Nurseryman. Barnet. Pet Sept 7. Ord Feb 16 ETHERINGTON, ALFRED, Midhuret, Sussex, Auctioneer. March 1 at 1. Bankruptcy bldgs, Portugal st, Lincoln's inn fields
The following amended notice is substituted for that published in the
London Gazette of Feb. 4. FISHER, JOHN JAMES, Mark lane, Licensed Victualler. March 1 at 11. Bankruptcy bldgs, Portugal st, Lincoln's inn fields
EDWARDSON, HENRY, Fairfield, nr Liverpool, Accountant. Liverpool. Pet Jan FITZGIBBON, GERALD, Eastcheap, Dyewood Broker. March 2 at 11. Bankruptcy 22. Ord Feb 2
bldgs, Portugal st, Lincoln s inn fields
Figtree lane, Sheffield
BIRTHS, MARRIAGES, AND DEATHS.
BIRTHS. LEWIS, JOHN, Mitcham, Gardener. March 4 at 3. 109, Victoria st, Westminster
HAMILTON.- Feb. 19, at 77, Kirkshall rd, Streatham-hill, the wife of William MAYNE, JOSIAH THOMAS, Illogan, Cornwall, Grocer. March 1 at 2. Abram's
Frederick Hamilton, LL.D., barrister-at-law, of a gon. Hotel, Camborne
SUMNER.-Feb. 18, at The Knole, Eltham, the wife of Edmund Sumner, of DocMCLAREN, JOSEPH DIXON, Loughborough park, no occupation. March 1 at 12.
tor's-commons, solicitor, of a son. 33, Carey st, Lincoln's inn
WILLIAMS.-Feb. 22, at Richmond House, Boughton, Chester, the residence of MELLOR, Noah, and THOMAS LIGHTFOOT, Over, Cheshire, Bakers. March 9 at 11.
her father. the Rev. H. J. Vernon, the wife of D. A. V. Colt' Williams, barris152, Hospital st, Nantwich
ter-at-law, of a daughter. NUTTALL, JOHN WILLIAM, Staveley, Derbyshire, Butcher. March 3 at 11.45.
MARRIAGE. Angel Hotel, Chesterfield
MITCHELL-MORRISON.-Dec. 16, at Melbourne, Edward Fancourt Mitchell, barPARRY, HERBERT, Melksham, Wilts, Saddler. March 7 at 12.30. Of Rec, Ban k rister-at-law, to Eliza Frazer, 'daughter of Dr. Morrison, of the Scotch College, chmbrs, Bristol
CAVENDISH COLLEGE, Cambridge.
PROVIDENT LIFE OFFICE
EDE AND SON,
BY SPECIAL APPOINTMENT,
To Her Majesty, the Lord Chancellor, the Whole of
(HOWARD'S PATENT.) all palates keeps for years in all climates, and is four
1,000 Leaf Book 5s. 6d.. times the strength of cocoas THICKENED yet WEAKENED ROBES POR QUEEN'S COUNSEL AND BARRISTERS. with starch, &c., and in BEILITY CHEAPER than such Mixtures.
500 Leaf Book, 3s. 6d. Made instantaneously witu . Piling water, a teaspoonful Law Wigs and Gowns for Registrars, Town Clerks,
English made. to a Breakfast Cup, costing less than a halfpenny.
and Clerks of the Peace. COCOATINA A LA VANILLE is the most delicate, digestible,
THE BEST LETTER COPYING BOOK OUT. cheapest Manilla Chocolate, and may be taken when
CORPORATION ROBES, UNIVERSITY AND CLERGY GOWNS richer chocolate is prohibited.
WODDERSPOON & CO., In ting at ls, ed., 38., 6s. 6d., &c., by Chemists and Grocers.
94 CHANCERY LANE LONDON. Charities on Special Terms by the Sole Proprietor,
7, ERLE STREET, AND 1, PORTUGAL STREET, H. SCHWEITZER & Co., 10, Adam-et., Strand, London, W.0 HE NEW ZEALAND LAND MORT.
LINCOLN'S INN, W.O.
£200,000 paid up. Reserve Fund, £12,000.
The Company's loans are limited to first-class free-
hold mortgages. The Debenture issue is limited to
MILNER’S Strong, Holdfast, & Fire Resistthe earliest practicable age, and at a moderate cost,
A. J. BRISTOW, Esq. | Sir WILLIAM T. POWER,
$s. taken at 19.
ARTHUR M. MITCHISON, Sir EDWARD W. STAF-
MILNER'S DEED BOXES
48 Chairman of Colonial Board
For Lawyers an Extra Term in the Long Vacation), including all The Hon. Sir FREDK. WHITAKER, K.C.M.G., M.L.O., VILNER'S SAFES necessary expenses of tuition for the B.A. Degree, are £84 per annum.
late Premier of New Zealand.
For Lawyers, specially fitted For further information apply to the WARDEN, The Directors are issuing Terminable Debentures
with japanned boxes Cavendish College, Cambridge. bearing interest at 4 per cent. for three years, and
MILNER'S SAFES 4 per cent. for five years and upwards. Interest half
For Books and documents
A. M. MITCHISON, Managing Director. MILNER'S SAFES
For Church Plate ... 50, REGENT STREET, W., and 14, CORN
Established 1836. Invested Funds £2,4.5,955 LONDON: 1, Moorgate-street, E.C. ABERDEEN: 1,
For Registrars, specially
16 0 Claims and Surrenders paid exceed...
fitted INCOME & FUNDS (1885) :
£8,000,000 Bonuses declared
52 5 REVISED CONDITIONS OF ASSURANCE. – Foreign Life Premiums
191,000 Residence and Travel.-All Policies already issued
MILNER'S SAFES and to be issued after having been Five Years in
MILNER'S SAFE DEPOSIT3
and LIFE INTE. of Thirty years and upwards-shall be relieved from
RESTS in LANDED or FUNDED PROPERTY all conditions as to Foreign Residence and Travel.
or other Securities and Annuities PURCHASED, or Loans HALF-CREDIT SYSTEM.-Merchants, Traders, and or Annuities thereon granted, by the EQUITABLE RE
ILLUSTRATED DRAWINGS AND ESTIMATES FREE others requiring the full use of their Capital, and VERSIONARY INTEREST SOCIETY (LIMITED), 10,
BY POST. desiring a Life Policy at the cheapest present outlay.
Lancaster-place, Waterloo Bridge, Strand. Established are invited to examine the terms of the Half-Credit
1835. Capital, £500,000. Interest on Loans may be System of this Office. capitalized.
28, Finsbury-pavement, E.C. Prospectuses and further information to be ob
E. d. CLAYTOX; } Secretaries tained at the Head Office, or of any of the Agents.
28, Market-street, Manchester. CHARLES STEVENS,
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lars, post-free, on application. Trustees who may be held responsible for losses
FRANCIS RAVENSCROFT, Manager. consequent upon their Investments.
LONDON GAZETTE (published by authority), and
LONDON and COUNTRY also be enabled to obtain Advances at the lowest
MENTS THROUGHOUT on
OFFICE.-No. 117, CHANCERY LANE, possible rate of interest.
MOEDER'S HIRE SYSTEM.
STREET. The Corporation also grants Policies to Lease
The original, best, and most liberal.
Advertisement Agen', holders insuring the return of the Amount invested
Founded A.D. 1868. at the expiration of their leases or at any fixed Particulars, estimates, Press opinions, testimonials Cash prices. No extra charge for time given.
begs to direct the attention of the Legal Profession periods.
to the advantages of his long experience of upwards of For particulars and conditions of Insurance apply
forty years, in the special insertion of all pro forma to the Secretary.
notices, &c., and hereby solicits their continued support:--
N.B. One copy of advertisement only required, and the January 6, 1887. lished 1862.
strictest care and promptitude assured. Official stamped ALSO for HIRE ONLY.
forms for advertisement and file of “ London Gazetie" kept. By appointment.
68 4 5,0000
opisagetlensuring a with the Corporation will FURNISH your HOUSES or APART
303 .... 302
CASES REPORTED THIS WEEK.
instead of proceeding to an immediate sale. But, in saying " at In the Solicitors' Journal. In the Weekly Reporter.
present,” he meant a very limited time. In the course of the
hearing of another originating summons the same day, his lordship Balsam v. Webb
836 Berens v. Fellowes
Barber, In re. Burgess v. Vinicome 328 said that a practice was growing up of attempting, in proceedings Clarke, Re, Coom be v. Carter 302 “Bernina,” The
314 of this kind, to induce the court to express general opinions upon Eden v. Weardale Iron and Coal Bethell, In re, Bethell v. Bethell.. 330 Co.....
Corsellis. In re, Lawton v. Elwes.: 309 very insufficient evidence, and to do, in fact, that which ought to Fox v. Rothwell
Currey, In re, Gibson v. Way 326 be done in chambers. Hartley, Re, Stedman v. Dunster.. 303 Imbert-Terry v. Carver.
He should do his best to put a stop to this. North Central Wagon Co. v. Man
Johnson v. Johnson... chester, Sheffield, and Lincoln Mayor and Corporation of ManAhire Railway 0....
chester v. Hampson Richards v. Jenkins ..
300 Pfeiffer v. Midland Railway Co... 335 Shafto v. Bolckow, Vaughan, & Co. Underwood, In re....
336 and Ecclesiastical Commissioners 302 Wanklyn v. Wilson .....
332 Thomas v. Doughty.....
A CURIOUS COMPLICATION came to light in the case of Re Wickham, 300
Watkins y. Evans. Trade-Mark “Normal," Re. ..... 301
Marony v. Taylor, before_Court of Appeal No. 2 on Wednesday, being an appeal from Mr. Justice KEKEWICH directing a postpone
ment of the trial until the plaintiff had paid certain costs as The Solicitors' Journal and Reporter. directed by a previous order. The action being before Mr. Justice LONDON, MARCH 5, 1887.
was only made when the case came on for trial. At the same time there was before Mr. Justice North, the judge from whom
the case had been transferred, a summons for stay of all proceedCURRENT TOPICS.
ings in the action until the costs before referred to had been paid.
On this summons Mr. Justice NORTH, without making an order, WE HAVE, on several occasions, called the attention of solicitors though expressing his intention to do so when Mr. Justice to the necessity of their having in court, on the hearing of cases KeKewICH had disposed of the application before him, declined at which involve questions of the construction of a will, the probate the same time to certify so as to enable the plaintiff to go direct copy of the will. In a case of this kind before Mr. Justico North from chambers to the Court of Appeal. Under the circumstances, on Tuesday last, the probate copy of the will was not forth the Court of Appeal directed the appeal to stand over until Mr. coming when his lordship asked for it, and he at first said that he Justice North should give 'his decision on the summons, and gave should order the case to stand over, and that the plaintiff's solicitor the plaintiff leave to amend his notice of appeal by adding to it must pay the costs of the day. He said that he could not deal an appeal from the order of Mr. Justice NORTH. The complication with the construction of a will in the absence of the probate copy. which here arose could not have arisen if Mr. Justice KekewICH The plaintiff's counsel explained that the probate copy was in the coulā, before trial, have entertained an application to stay proceedhands of the country solicitor, who had not sent it to the London ings or postpone the trial (see R. S. C., 1883, ord. 49, r. 2). agents. His lordship said that it was the duty of the London agents to see that all the necessary documents were sent to them, and it was the duty of the country solicitor to send them. Ultimately, upon the representation of the plaintiff's counsel that the As LORD BRAMWELL'S Bill, “ further to amend the law of evidwill was not an intricate one, his lordship consented to go on with ence,” is supported by the Government, there seems to be some the hearing with the aid of an ordinary copy of the will.
probability that it will pass into law during the present session. The Bill is a combination of the provisions of the two Bills introduced in 1885 in the Houses of Lords and Commons respectively,
and its six short clauses are of the most drastic character. The THE SOLICITORS (IRELAND) Bill, which is passing through the power intrusted to the court in the former Bill to protect the House of Lords, is in the main a re-enactment of the Attorneys prisoner from answering criminating questions is swept away, and Solicitors (Ireland) Act, 1866, with the incorporation of the and, as the measure now stands, every prisoner and his or her provisions, or certain of the provisions, of the English Solicitors wife or husband will be competent, but not compellable, to give Acts of 1874 and 1877, and of the provision of the English evidence at every stage of the charge against him, without any Solicitors Act, 1843 (s. 32), prohibiting solicitors from acting for right to refuse to answer any question on the ground that it unqualified persons. The effect, in case the Bill should pass, would tend to criminate him as to the offence charged. The only will be to place the Irish Incorporated Law Society in practically limit to examination is that the prisoner is not to be required to the same position, as regards control of examinations, and functions answer any questions tending to shew that he has committed any of a representative character and for the protection of the profes- offence other than that with which he is charged, unless proof that sion, as has long been occupied by the English Society. It is he has committed such other offence is admissible evidence to shew rather surprising that this position should not already have been that he is guilty of the offence charged, or unless he has given attained by the energetic Irish Society; the severest critic of evidence of good character. If this little Bill should pass into law the authorities in Chancery-lane will be unable to deny the it will effect the most radical change in the conduct of all proseculegislative recognition of the representative character of the English admitted by Mr. Justice Stepney, the chief advocate of the change, society, and from the exercise of the
that every accused person will have to swear his innocence or be taken to have admitted his guilt; perjury will become as ordinary a thing in the criminal courts as it is in the Divorce Court, and the
question whether the perjury will be successful or unsuccessful On TUESDAY LAST Mr. Justice North referred to some of the will mainly depend on the intelligence and wit of the prisoner, inconveniences which result from the present system of bringing and on whether he has means enough to enable him to be well before the court by originating summons, under order 55, questions advised as to the strong and weak points of his case. The wealthy which arise in the administration of estates. In the particular prisoner, having the benefit of a good education and able advice, case which was before the learned judge, the court was asked by will be likely to testify with skill and effect ; so also, in a less degree, originating summons to say whether the trustees of a will would will BilL SYKES, who has had the advantage of a professional career be justified in postponing the sale of an hotel which the testator in the criminal courts. But what will happen to an ignorant and bad, by his will, directed to be sold. His lordship said that, as timid rustic, who finds himself, for the first time in his life, before often happened in cases of the kind, he was placed in great difti- a criminal court, and is utterly bewildered and confused ? It may dealing if he were executing the trusts of the will in an action will enable him to present his version of the matter intelligibly brought for that purpose. He felt quite unable to give the trustees to the court, but when the cross-examination comes is he not the same discretion as he should himself have in such an action certain, whether innocent or guilty, to cut such a figure as to pro, be justified in postponing the sale of the hotel for the present statistics for a year or two after the change comes into operation.
LORD STANLEY's Railway and Canal Traffic Bill does not differ marks in the new Act, thought fit to employ the expression, materially from the successively-introduced measures in pari “ fancy word or words not in common use.” The question which materia of Mr. CHAMBERLAIN and Mr. MUNDELLA, the chief differ- the Court of Appeal had to decide was, What was meant by this ences consisting in the constitution of the Railway Commission and phrase ? The court has dealt with this question as if the expresin an elaboration of the scheme for Parliamentary revision of rates. sion“ fancy word ” were introduced for the first time into use by It is now proposed that the Commission (which is entirely to the Act, whereas, in point of fact, it is an expression which has supersede the existing one) is to consist of as many as six mem- been in common commercial use for a considerable number of bers, three permanently appointed, and three to act ex officio. Of years, and which has acquired a perfectly intelligible and wellthe three permanent members, one is to be “a lawyer of experi- understood meaning. When the phrase was introduced into the ence," and as the present legal commissioner certainly satisfies Act it was accepted by commercial men as satisfactory, because that description, his appointment would be the best that could they understood it to mean in the Act what they had always be made, and this solution of the difficulty would, as we understood it to mean previous to the Act-viz., any word which suggested in connection with Mr. MUNDELLA's Bill last year, have was not naturally appropriate to the goods to which it was applied, the advantage of saving a retiring pension. The ex officio mem- such as “Dog's head” beer, “ Two elephant” soap, and so on. bers are to be all judges-one for England, one for Scotland, and According to their understanding, the word might be either an old one for Ireland, the ex officio commissioner for each country to be word or a newly-coined one, so long only as it was not descriptive one of the judges of the superior court of the country; and when of the goods or of some quality of them.' And it was in this way ever a case of importance is heard, the ex officio commissioner for that the Registry Office at first understood the expression, the country in which the case is being heard is to attend and for hundreds of trade-marks of this kind were registered preside. The practical difficulty in working this scheme will con- after the Act of 1883 came into operation. Then some sist in calling away a judge from the ordinary business of the acute intellect suggested that a narrower interpretation of the superior court in each country to sit upon the commission. The phrase might be possible; applications began to be refused, and scheme for the Parliamentary revision of rates appears to have the Court of Appeal has now accepted to a considerable extent, been modified with the view of giving the companies longer time though not in toto, the new contention of the office, and has to oppose revision ; but we observe with regret that no specific refused to recognize either of the words above mentioned as rales are laid down to guide the Board of Trade in “ themselves registrable. The evidence shewed that no one had ever heard of preparing a scheme which is, in their opinion, a fair classification - Melrose Hair Restorer” or of “Electric Velveteen ” before the of traffic, and schedule of rates and charges," nor is any provision applicants had used them; that, according to commercial phrasedirected to the important object of simplifying the present toll ology, either was a fancy term; and that each was universally clauses, and lessening the number of those “millions of rates” of accepted as equivalent to the name of the makers. The point on which traffic managers are so proud. The clause dealing with which the decision appears to be most questionable is this, Did the appeals provides for an appeal direct to the Court of Appeal—a Legislature adopt the expression “ fancy word” as an expression very strong innovation, which may, however, be defended—with a of its own invention, or did it adopt it as an expression with an further appeal, by leave, to the House of Lords. We doubt the existing signification ? If the former was the case, then the Court propriety of " leave to appeal,” and think that an appeal, if of Appeal was undoubtedly justified in placing upon the expression granted, should be a matter of right.
any interpretation it thought fit. If the latter was the case, then it would appear that the court should have ascertained what was the established signification of the expression, and, if it had done so,
there can be little doubt that the result would have been different. THE RECENT DECISION of the Court of Appeal in the cases of The first of the two expressions was geographical in character, the Re Van Duzer and Re Leaf, Sons, f. Co. (reported in last week's second of a more general character, but neither was connected in WEEKLY REPORTER, p. 294 ; also ante, p. 253), that the words any way with the goods, and in such cases not only commercial “Melrose Favourite Hair Restorer” and “ Electric Velveteen” are men, but judges of the highest eminence, had qualified similar not registrable under the Patents Act, 1883, as “ fancy words words as fancy names." We have not space to go into the not in common use,” will probably have caused much dismay matter at greater length, but the net result of the decision is to to the commercial community. When the Trade-Marks Regis overrule three judges of first instance, and to disappoint the tration Act of 1875 was being framed it was found so difficult reasonable hopes of the trading community, and it can hardly be to distinguish words which ought to be recognized as trade- expected that they will be satisfied without an appeal to the House marks from words which onght not, that the knot was cut of Lords, and, if that fails, an agitation for a further amendment by excluding them from registration altogether, except in cases in of the definition in the Act. which they had been used prior to the Act. It was felt to be too strong a step to exclude such old trade-marks, and a proviso was therefore appended to the definition of registrable trade-marks, by which old marks consisting of “special and distinctive words” A JUDICIAL INTERPRETATION of the terms of R. S. C., 1883, were allowed to be registered. This exclusion of word trade-marks LII., 4, which should govern the practice under that order as from registration, except in cases of old user, was felt by the trading to what'affidavits it is necessary to serve together with a notice of population to be a grievance, depriving them, as it did, of the bene- motion for attachment, is exceedingly desirable, seeing that any fits of the Act for the most valuable class of trade-marks of all. There such motion concerns the liberty of the subject, and that it is can be no doubt that the trade mark most prized is the trade undesirable that a person should remain in prison while the courts mark which consists of the name by which an article is to be are deciding that he is improperly there. The words of the rule known, as the name of a brand of cigars or of a special toilet which require interpretation are as follows :—“Where any such article. And the recognition of such names in almost all the motion is founded on evidence by affidavit, a copy of any affidavit countries in the world, especially in the United States, added to intended to be used shall be served with the notice of motion.” Mr; the grievance of the English traders, whose rights had always been Justice Pearson decided (Whitham v. Whitham, 29 SOLICITORS' protected in the United Kingdom before the Act of 1875. Ac- Journal, 707, and Schirges v. Schirges, 30 SOLICITORS' JOURNAL, cordingly, when the Act of 1883 was being drafted, one of the 403) that this' rule does not apply to an affidavit which is merely alterations in the previous Act which was most generally demanded to give formal proof of the service of an order ; but in Re Lysaght; was the amendment of the definition of registrable trade-marks in such Blythe v. Baumgartner (ante, p. 233), Mr. Justice North declined a manner as to include special and distinctive words first used after to follow these decisions. It is expedient that the question should 1875. business after that year on an equal footing with those who were the proof that the order which has been disobeyed was dula in business before it, and an alteration intended to meet the difti- served. It might have been supposed that the motion was founded culty was accordingly made in the definition. Unfortunately, on disobedience, and that the affidavit proving the disobedience same expression—" special and distinctive words “4_which had have to meet. But until the question is settled it will not be however, as it now turns out, the Legislature, instead of using tắe would be the important evidence which the defendant would been used in the earlier Act, and which was repeated as to cla safe to rely on the decisions of Mr. Justice PEARSON.
unsold glebe lands. There is, at least, as much reason for allow given in June next, was held on Wednesday at the Law Instituvision is made for the case where the incumbent is liable for imperfect statement.
297 dilapidations in respect of the property sold; for though, as we THE GLEBE LANDS BILL.
have already pointed out, he cannot be liable for bad cultivation of “Tur Glebe Lands Act, 1887," a Bill for which has lately been the glebe, or for not cultivating it at all, he may be liable for introduced into the House of Lords by the Government, may
allowing the fences, &c., to decay. probably be useful, but, according to our usual English practice, it
“For the purpose of facilitating the acquisition of land by is too late. If it had been carried before land had lost, or nearly cottagers, labourers, and others," the land, or some part of it, is to lost, its saleable value, it would have been a great boon to the be sold in small parcels, or to be sold to“ the sanitary authority country clergy; the immediate advantage of the Act, now that for the purposes in this Act mentioned, so far, in either case, as land is a drug in the market, is problematical, though even now may, in the judgment of the commissioners, be practicable without there must be cases in which a sale will be advantageous to the diminishing the price which can be obtained for such land on a incumbent, for the glebe may be thrown on his hands, and he
may not have either the capital or the skill to cultivate it. A sugges
The question whether this clause will take effect depends much tion, full of terror to poor incumbents, has been made that neglect upon the situation of the land. In many cases, if it be situated to cultivate the glebe in a husbandmanlike manner is a dilapidation;
close to a village, it will fetch a high price if sold in small lots, this, however, is not the case, and an incumbent whose glebe is perhaps so high a price as to more than compensate for the extra thrown on his hands may safely allow it to fall out of cultivation costs of a sale in lots. On the other hand, if the land be remote (Bird v. Relph, 4 B. & Ad. 826).
from a village, it is unlikely that it will sell well in lots; perhaps The mechanism of the Act is somewhat complicated. The the sale of one small lot may seriously prejudice the sale of the incumbent may, after notice to the bishop and patron, apply to the residue of the property- for instance, where the property intended Land Commissioners to sell, or approve the sale, of the glebe land, to be sold is a farm, the sale of the more fertile fields may render except the parsonage-house and the land used or convenient to the residue of the farm unsaleable. Bearing in mind the proviso be enjoyed therewith. If the Land Commissioners are satisfied that a sale in lots is not to be made where, in the opinion of the that the sale will be for the benefit of the benefice, and if neither Land Commissioners, it will diminish the price, the great probathe bishop nor patron object, or if they object and the commis- bility is that where an entire farm is sold it will be sold as a whole, sioners think that their objection ought not to prevent the sale, and that the provision as to sale in lots will only take effect with they may sell or approve the sale. Surely it would suffice to respect to detached portions of land. require the approval of the Land Commissioners, without any
The assurance of the land, when of freehold tenure, to a purnotice being given to the bishop and the patron. It is not to be chaser is to be effected by a certificate of sale given by the Land supposed that the bishop will be able personally to form any the usual form from them. On production of the certificate at the
Commissioners, or, at the option of the purchaser, a conveyance in opinion as to the propriety of a sale; he will necessarily act under the advice of a surveyor. We need not say, how ruinous the Office of Land Registry, the purchaser is to be entitled to be regiscosts of this will be. If the patron is a game preserver, and the tered with indefeasible title under the Lard Transfer Act, 1875. land proposed to be sold is contiguous to his preserves, he will cer
Those of our readers who remember the discussion in this journal tainly oppose a sale which will probably cause the erection of of the reports of the Bar Committee and of the Council of the cottages; and it may be added that the very fact of his having a
Incorporated Law Society on the land laws will probably advise Foice in the matter may excite the proverbial hostility between all poor men who purchase glebe lands to avoid the registered con. squire and parson.
The purchase-money is to be paid to the Land Commissioners in the same manner as if they had been surrendered to such uses whether they conduct the sale or not, and they are to apply it,
as the Land Commissioners shall appoint. after payment of costs, in one of several modes to be selected by the purpose of letting it out to the labouring classes resident in
The sanitary authority is authorized to purchase glebe land for the incumbent, with the approval of the Land Commissioners. their district, or, if the authority is a rural authority, resident in The authorized investments are (1) Government securities or debenture stock of any railway company in Great Britain or Iceland incorporated by special Act of Parliament and having such a price that they may reasonably expect to be recouped by the for at least ten years paid a dividend on its ordinary stock or
rents all expenses, which include the costs of preparing the land shares ; (2) the redemption of land tax, chief rent, or quit rent,
for letting in allotments. charged on any part of the glebe which is not sold, to merge in the and the mode of raising moneys required, by a sanitary, authority
There are provisions as to the incidence of expenses incurred, glebe. Though the investments expressly authorized are but few, specified investments are intended to be allowed, any lawyer but appears by the debate in the House of Lords that only the for the purposes of the Act, made by reference to the Public
Health Act. moderately versed in the law must be aware that many invest
The Bill contains a very broad hint as to the course intended to aments not mentioned in the Act are authorized (see Wolstenholme be pursued by the Government with regard to county government, For instance, investments may be made on real securities in the established in a county under any Act passed in the present United Kingdom, including heritable bonds in Scotland, stock of session of Parliament” for the sanitary authority. the Bank of England or Ireland, East India Stock, securities the interest whereon is guaranteed by Parliament. The power does not, however, extend to a class of investments bers of the Incorporated Law Society who have guaranteed
A meeting of the Grand Committee, composed of London mem. which ought to have been expressly authorized-namely, those of 410 103. each towards the expenses of the entertainments to be which the general object is to improve the parsonage-house and ing an incumbent to cause moneys arising from the sale of glebe into effect, with power to add to their number. Full authority
tion, and an executive was appointed for carrying the arrangements allowing a tenant for life to cause moneys arising from the sale the success of the entertainments.
was given to the committee to do everything necessary to secure of settled land to be laid out in this manner. enabling incumbents to improve the parsonage-house and glebe, were the course vidente demateament Bill, the Marquis of Salisbury said general purchase a new parsonage-house or glebe: these ® Acts that the entirely difered from those who thought that a prisoner, In his the living or by a mortgage of the endowment. We can see no
found that an ignorant prisoner had not the faintest idea of telling that to be applied for any of the above-mentioned purposes, or in paying that the jury could understand it. to be appaionatallowing moneys arising from the sale" of giebe Land: story intelligibly; he would begin at the wrong end; he would argue
In such cases, when acting as chairto be made, consist of the incumbent, the bishop, and the patron, bi the more sent to his case in a way that was more satisfactory to the
be mendowment trustees, in whose names the investments are proposed the time in the many, the pulling of a few questions to na prisoner