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OWEN, EDWARD ROWLAND, Llanfihangel Geneurglyn, Cardiganshire, Farmer.
Aberystwith. Pet Feb 16. Ord Feb 16

PARRY, HERBERT, Melksham, Wilts, Saddler. Bath. Pet Feb 17. Ord Feb 17

PIPER, RICHARD WILLIAM, Turnpike rd, Hornsey, Builder. High Court. Pet
Jan 19. Ord Feb 18

POGGI, WILLIAM ERNEST, Great Crosby, nr Liverpool, Wine Merchant. Liver-
pool. Pet Feb 19. Ord Feb 19

POTTER, JAMES, Bolton, Lancashire, Secretary to Building Society. Bolton.
Pet Feb 19. Ord Feb 19

PRIEST, FREDERICK WILLIAM, Lordship lane, East Dulwich, Plumber. High
Court. Pet Feb 18. Ord Feb 18

RIDLEY, CHARLES HENRY, Maidstone, Chemist. Maidstone. Pet Feb 19. Orl
Feb 19

SADLER, PHILIP, Sidmouth, Grocer. Exeter. Pet Feb 17. Ord Feb 17

SAUNDERS, WILLIAM PHILLIP, Tonbridge, Kent, Boot Salesman. Tunbridge
Wells. Pet Feb 18. Ord Feb 18

SEMPLE, CHARLES EDWARD ARMAND. Goldhawk rd, Shepherd's bush, Doctor of
Medicine. High Court. Pet Feb 14. Ord Feb 18
START, WILLIAM, Nottingham, Machinist. Nottingham. Pet Feb 18. Ord Feb 18

TRIMBLE, EDWARD, Tallantire, nr Cockermouth, Cumberland, Farmer. Cocker-
and Workington. Pet Feb 17. Ord Feb 17

WAKEMAN, PHILIP, Taplow, Buckinghamshire, Carpenter. Windsor. Pet Feb
17. Ord Feb 17

WARD, THOMAS. Kingston upon Hull, Venetian Blind Maker. Kingston upon
Hull. Pet Feb 18. Ord Feb 18

WATSON, ROBERT, Ledsham, Cheshire, Hotel Keeper. Birkenhead. Pet Feb
16. Ord Feb 16

WILCOX, HENY ZACHARIAH, Bexhill on Sea, Builder. Hastings. Pet Feb 19.
Ord Feb 19

WILLIAMS, JOHN, Llandilo Talybont, Glamorganshire, Ironmonger. Swansea.
Pet Feb 19. Ord Feb 19

WILSON, JAMES, Sheffield, Licensed Victualler. Sheffield. Pet Jan 26. Ord
Feb 17

WING, SAMUEL WHALEY, Colsterworth, Lincoln, Chemist. Nottingham. Pet
Feb 17. Ord Feb 17

WINSTONE, WILLIAM HENRY, Cardiff, Jeweller. Cardiff. Pet Feb 17. Ord
Feb 17

PRIESTLEY, RICHARD MARTIN, Doris st, Kennington rd, Builder. March 3 at 11.
Bankruptcy bldgs, Portugal st, Lincoln's inn fields
RATHBONE, WILLIAM, Walthamstow, Mine Owner. March 1 at 12. Bankruptcy
bldgs, Portugal st, Lincoln's inn fields

SADLER, PHILIP, Sidmouth, Devon, Grocer. March 3 at 11. Castle of Exeter,
Exeter

SHINGLETON, ROBERT, Upper Ground st, Blackfriars, Manager of Shingleton Ice
Co. March 3 at 2 30. 33, Carey st, Lincoln's inn

TRIMBLE, EDWARD, Tallantine, nr Cockermouth, Farmer. March 3 at 2. 67,
Duke st, Whitehaven

USHER, THOMAS JOHN, Devonshire rd, Chiswick, Ironmonger. March 1 at 11.
16 Room, 30 and 31, St Swithin's lane
WIGHTMAN, ALEXANDER, Cattistock, Dorset, Carpenter. March 3 at 12.30.
Antelope Hotel, Dorchester

WILLIAMS, JOHN, Talybont, Glamorgan, Ironmonger. March 5 at 11. Off Rec,
6, Rutland st, Swansea
WING, SAMUEL WHALEY, Colsterworth, Lincoln, Chemist. March 2 at 12. Off
Rec, 1, High pavement, Nottingham

WOOD, ROBERT HENRY, Drighlington, Yorks, Bookkeeper. March 2 at 11. 31,
Manor row, Bradford

ADJUDICATIONS.

ALLWOOD, JOSEPH, Leamington, Coal Dealer. Warwick. Pet Feb 17. Ord Feb 17
ASHTON, JOSEPH, Hyde, Cheshire, Corn Dealer. Ashton under Lyne and
Stalybridge. Pet Jan 29. Ord Feb 18
BARROW, JOHN STEPHEN, Leeds, Accountant. Leeds. Pet Feb 16. Ord Feb 16
BEBBINGTON, HENRY, Over, Cheshire, Innkeeper. Nantwich and Crewe. Pet
Feb 14. Ord Feb 17

BOVEY, JAMES THOMAS, Torquay, Corn Merchant. Exeter. Pet Feb 18. Ord
Feb 18

BRIEANT, JANE, Pitton, nr Salisbury, Builder. Salisbury. Pet Jan 25. Ord
Feb 17
BRIEANT, WALTER LEWIS, Pitton, nr Salisbury, Builder. Salisbury. Pet Jan 22.
Ord Feb 10
BYROM, THOMAS, Leeds, Beerhouse Keeper. Leeds. Pet Feb 16. Ord Feb 17
CROOK. GEORGE, St Paul's churchyard, Warehouseman. High Court. Pet Jan
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

The following amended notice is substituted for that published in the
London Gazette of Jan 25,

DRURY, APPLEBY, Scarborough, Grocer. Scarborough. Pet Feb 17. Ord Feb 18
GRAINGER, WILLIAM, Ulleskelf, Yorks, Farmer. York. Pet Feb 19. Ord Feb 19

EDWARDSON, HENRY, Fairfield, nr Liverpool, Accountant. Liverpool. Pet Jan HAND, CHARLES ROBERT, Liverpool, Printer. Liverpool, Pet Jan 28. Ord 22. Ord Jan 22

FIRST MEETINGS.

ADAMS, FREDERICK WILLIAM HENRY, High st, Sydenham, Baker. March 7 at 3. 109, Victoria st, Westminster

ADAMS, JOHN, Portsea, Bootmaker. March 14 at 3. 166, Queea st, Portsea

ALLWOOD, JOSEPH, Leamington Priors, Warwick, Coal Dealer. March 3 at 11.15.
Off Rec, 17, Hertford st, Coventry

BACON, STEPHEN, Handsworth, Yorks, Colliery Manager. March 2 at 12.30. Off
Rec, Figtree lane, Sheffield

BAILEY, JAMES, High st, Kingsland, Cheesemonger. March 1 at 11. 33, Carey st,
Lincoln's inn

BARROW, JOHN STEPHEN, Leeds, Accountant. March 2 at 11. Oft Rec, 22, Park
row, Leeds

BASE, JACOB, West st. Mile End Old Town, Contractor. March 1 at 12. Bankruptcy bldgs, Lincoln's inn

BENJAMIN, H, Sheffield, Picture Frame Maker. March 2 at 2.30. tree lane, Sheffield

BODEN, GEORGE, Sheffield, Coal Merchant. March 2 at 11.30. lane, Sheffield

BOVEY, JAMES THOMAS, Torquay, Corn Merchant. March 4 at 3.
Newton Abbott

BROAD, GEORGE WINSTONE, Bristol, Beer Retailer. chbrs. Bristol

BEBBINGTON, HENRY, Over, Cheshire, Innkeeper. March 9 at 10.30. 152, Hospital
st, Nantwich
Off Rec, Fig-
Off Rec, Figtree
Queen's Hotel,
March 7 at 1. Off Rec, Bank
BUNTING, JOSEPH, Nottingham, Commission Agent. March 1 at 12. Off Rec, 1,
High pavement, Nottingham
BURROW, ALBERT, Bath, Wheel Chair Maker. March 3 at 12.30. Mr Moore,
County Court, York st, Bath

BURT, HENRY CHARLES, Sturminster Marshall, Dorset, Grocer. March 2 at 12.
London Hotel, Poole

CHERRINGTON, CHARLES HENRY, Donington, Lincolnshire, Draper. March 3 at
12.30. County Court, Peterborough

COOKE, EDWIN, Leamington, Hatter. March 1 at 12.30. Off Rec, 17, Hertford st,
Coventry

CUSS, NEVIL, Maisey Hampton. Gloucestershire, out of business. March 2 at
11.20. Off Rec, Swindon, Wilts

DE ZUNIGA, JOSE, and JOSE BARBADILLO, Heddon st, Regent st, Woollen
Merchants. March 2 at 2.30. Bankruptcy bldgs, Portugal st, Lincoln's inn
fields
ELWOOD, JOHN SANSUM, Parkeston, nr Harwich, Butcher. March 1 at 12. Off
Rec, 2, Westgate st, Ipswich

ETHERINGTON, ALFRED, Miahurst, Sussex, Auctioneer. March 1 at 1. Bank-
ruptcy bidgs, Portugal st, Lincoln's inn fields

FISHER, JOHN JAMES, Mark lane, Licensed Victualler. March 1 at 11. Bankruptcy bldgs, Portugal st, Lincoln's inn fields

FITZGIBBON, GERALD, Eastcheap, Dyewood Broker. March 2 at 11. Bankruptcy
bldgs, Portugal st, Lincoln's inn fields

FLETCHER, GEORGE FREDERICK, Sheffield, Engraver. March 2 at 3. Off Rec,
Figtree lane, Sheffield

GRAINGER, WILLIAM, Ulleskelf, Yorks, Farmer. March 5 at 12. Off Rec, York

KNOX, WILLIAM, Consett, Durham, Builder. March 3 at 2. Off Rec, Pink lane,
Newcastle on Tyne

LEWIS, JOHN, Mitcham, Gardener. March 4 at 3. 109, Victoria st, Westminster
MAYNE, JOSIAH THOMAS, Illogan, Cornwall, Grocer. March 1 at 2. Abram's
Hotel, Camborne

MCLAREN, JOSEPH DIXON, Loughborough park, no occupation. March 1 at 12.
33, Carey st, Lincoln's inn

MELLOR, NOAH, and THOMAS LIGHTFOOT, Over, Cheshire, Bakers. March 9 at 11.
152, Hospital st, Nantwich

NUTTALL, JOHN WILLIAM, Staveley, Derbyshire, Butcher. March 3 at 11.45.
Angel Hotel, Chesterfield

PARRY, HERBERT, Melksham, Wilts, Saddler. March 7 at 12.30. Off Rec, Bank
chmbrs, Bristol

Feb 17

HEMMINGS. GEORGE, St Leonard's, Furniture Dealer. Hastings. Pet Jan 27.
Ord Feb 18
HENTSCHEL, AUGUST, Camdea rd, Holloway, Manager to Direct Photo Engraving
Co. High Court. Pet Sept 15. Ord Feb 17

HUGGETT, ALBERT, Bexhill, Sussex, Gasfitter. Eastbourne and Lewes. Pet Feb
12. Ord Feb 17

JONES, WILLIAM FREDERICK, Birmingham, Beer Retailer. Birmingham. Pet
Feb 14. Ord Feb 18

Oct 23. Ord Feb 19

KER, the Hon CHARLES J. INNES, Charles st, Berkeley sq. High Court. Pet
KNOX, WILLIAM, Consett, Durham, Builder. Newcastle on Tyne. Pet Feb 2.
Ord Feb 19

LEWIS, JAMES, Llangan, Carmarthen, Licensed Victualler. Pembroke Dock. Pet
Feb 14. Ord Feb 17

LINFOOT, BENJAMIN, and WILLIAM LYNAS, York, Builders. York. Pet Jan 29.
Ord Feb 18

Jan 21. Ord Feb 17

Feb 17

MAJOR, JAMES, Middle Rasen, Lincolnshire, Farmer. Lincoln. Pet Jan 6. Ord
Feb 17
MORLEY, SAMUEL VICTOR, Queen's Elm, Fulham rd, Gent. High Court. Pet
MORTON, JOHN, Victoria grove, Kensington, Wine Merchant. High Court. Pet
Feb 14. Órd Feb 17
MUTLOW, JOHN, Tarrington, Hereford, Farmer. Worcester. Pet Jan 27. Ord
OTTER, FREDERICK, Bainton, Northampton, Farmer. Peterborough. Pet Feb
18. Ord Feb 19
PARRY, HERBERT, Melksham, Wilts, Saddler. Bath. Pet Feb 17. Ord Feb 17
POTTER, JAMES, Bolton, Lancashire, Secretary to Building Society. Bolton. Pet
Feb 19. Órd Feb 19
ROWLEY, THOMAS, Crown ct, Cheapside, Licensed Victualler. High Court. Pet
Dec 20. Ord Feb 17

SAUNDERS, WILLIAM PHILIP, Tonbridge, Kent, Boot Salesman. Tunbridge Wells
Pet Feb 18. Ord Feb 18
TREVERS, TREVERS, Finsbury pavement. High Court. Pet Jan 8. Ord Feb 18
USHER, THOMAS JOHN, Devonshire rd, Chiswick, Ironmonger. Brentford. Pet
July 30. Ord Feb 17
WAKEMAN, PHILIP, Taplow, Bucks, Carpenter. Windsor. Pet Feb 17. Ord Feb 17
WARD, THOMAS, Kingston upon Hull, Venetian Blind Maker. Kingston upon
Hull. Pet Feb 18. Ord Feb 18
WILCOX, HENRY ZACHARIAH, Bexhill on Sea, Builder. Hastings. Pet Feb 16.
Ord Feb 19
WRIGHT, JAMES, Hendon, Nursery man. Barnet. Pet Sept 7. Ord Feb 16
The following amended notice is substituted for that published in the
London Gazette of Feb. 4.
EDWARDSON, HENRY, Fairfield, nr Liverpool, Accountant. Liverpool. Pet Jan
22. Ord Feb 2

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.

HAMILTON.-Feb. 19, at 77, Kirkshall rd, Streatham-hill, the wife of William
Frederick Hamilton, LL.D., barrister-at-law, of a son.
SUMNER.-Feb. 18, at The Knole, Eltham, the wife of Edmund Sumner, of Doc-
tor's-commons, solicitor, of a son.

WILLIAMS.-Feb. 22, at Richmond House, Boughton, Chester, the residence of
her father. the Rev. H. J. Vernon, the wife of D. A. V. Colt Williams, barris-
ter-at-law, of a daughter.

MARRIAGE.

MITCHELL-MORRISON.-Dec. 16, at Melbourne, Edward Fancourt Mitchell, barrister-at-law, to Eliza Frazer, daughter of Dr. Morrison, of the Scotch College, Melbourne.

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Arti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pure Soluble Cocoa of the Finest Quality with the excess of fat extracted.

The Faculty pronounce it "the most nutritious, perectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for Invalids and Children."

Highly commended by the entire Medical Press. Being without sugar, spice, or other admixture, it suits all palates keeps for years in all climates, and is four times the strength of cocoas THICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER than such Mixtures.

Made instantaneously with ling water, a teaspoonful
to a Breakfast Cup, costing less than a halfpenny.
COCOATINA A LA VANILLE is the most delicate, digestible,
cheapest Manilla Chocolate, and may be taken when
richer chocolate is prohibited.

In tins at 1s. ed., 3s., 5s. 6d., &c., by Chemists and
Grocers.

Charities on Special Terms by the Sole Proprietor,
H. SCHWEITZER & Co., 10, Adam-st., Strand, London, W.C

CAVENDISH COLLEGE,

PRESIDENT:

Cambridge.

HIS GRACE THE DUKE OF DEVONSHIRE, K.G. The Object of this College is to enable Students at the earliest practicable age, and at a moderate cost, to take the University Degree in Arts, Law, or Medicine.

Students are admitted at 16, and a Degree may be taken at 19.

The College Charges for Lodging and Board (with an Extra Term in the Long Vacation), including all necessary expenses of tuition for the B.A. Degree, are £84 per annum.

For further information apply to the WARDEN, Cavendish College, Cambridge.

PROVIDENT LIFE OFFICE

(FOUNDED 1806),

50, REGENT STREET, W., and 14, CORNHILL, E.C., LONDON.

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REVISED CONDITIONS OF ASSURANCE. - Foreign Residence and Travel.-All Policies already issued and to be issued after having been Five Years in Force the Life Assured not being engaged in any Military, Naval, or Seafaring Service, and of the a ze of Thirty years and upwards-shall be relieved from all conditions as to Foreign Residence and Travel.

HALF-CREDIT SYSTEM.-Merchants, Traders, and others requiring the full use of their Capital, and desiring a Life Policy at the cheapest present outlay. are invited to examine the terms of the Half-Credit System of this Office.

Prospectuses and further information to be obtained at the Head Office, or of any of the Agents. CHARLES STEVENS,

THE

Actuary and Secretary.

HE MORTGAGE INSURANCE COR-
PORATION, LIMITED.
AMOUNT OF CAPITAL SUBSCRIBED, £686,000
Offices of the Corporation-
Winchester House, Old Broad-street, E.C.
Rt. Hon. E. PLEYDELL BOUVERIE, Chairman.
Sir SYDNEY H. WATERLOW, Bart., Deputy-Chairman.
Policies are now being issued by this Corporation
insuring Mortgages of Freehold and Leasehold
Property, holders of Mortgage Debentures and
Debenture Stock, against loss of principai and in-

terest.

These Policies will be of especial advantage to Trustees who may be held responsible for losses consequent upon their Investments.

CONTENTS.

CURRENT TOPICS
REASONABLENESS OF A CONDITION
UNDER THE RAILWAY AND CANAL
TRAFFIC ACT

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COVENANTS RUNNING WITH THE
LAND

LAW STUDENTS' JOURNAL
LEGAL NEWS
COURT PAPERS ........

......... 287

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231

TRANSFER OF BEERHOUSE CERTIFI

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WINDING-UP NOTICES
CREDITORS' NOTICES
BANKRUPTCY NOTICES

........... 289 ............................ 289 .............. 289

CATES
REVIEWS

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IRKBECK BANK. -
Southampton-buildings. Chancery-lane.
THREE per CENT. INTEREST allowed on
DEPOSITS, repayable on demand.

TWO per CENT. INTEREST on CURRENT
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The Bank undertakes for its Customers, free of
Charge, the Custody of Deeds, Writings, and other
Securities and Valuables; the collection of Bills or
Exchange, Dividends, and Coupons; and the purchase
and sale of Stocks, Shares, and Annuities. Letters of
Credit and Circular Notes issued.

The BIRKBECK ALMANACK, with full particu-
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FRANCIS RAVENSCROFT, Manager.

Mortgagors insuring with the Corporation will FURNISH your HOUSES or APART

also be enabled to obtain Advances at the lowest possible rate of interest.

The Corporation also grants Policies to Leaseholders insuring the return of the Amount invested at the expiration of their leases or at any fixed periods.

For particulars and conditions of Insurance apply
to the Secretary.
By order,
JAS. C. PRINSEP, Secretary.

January 6, 1887.

MENTS THROUGHOUT on
MOEDER'S HIRE SYSTEM.
The original, best, and most liberal.
Founded A.D. 1868.

Cash prices. No extra charge for time given.
Particulars, estimates, Press opinions, testimonials
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A CURIOUS COMPLICATION came to light in the case of Re Wickham, Marony v. Taylor, before Court of Appeal No. 2 on Wednesday, being an appeal from Mr. Justice KEKEWICH directing a postponement 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.

CURRENT TOPICS.

WE HAVE, on several occasions, called the attention of solicitors to the necessity of their having in court, on the hearing of cases which involve questions of the construction of a will, the probate copy of the will. In a case of this kind before Mr. Justice NORTH on Tuesday last, the probate copy of the will was not forthcoming when his lordship asked for it, and he at first said that he should order the case to stand over, and that the plaintiff's solicitor must pay the costs of the day. He said that he could not deal with the construction of a will in the absence of the probate copy. The plaintiff's counsel explained that the probate copy was in the hands of the country solicitor, who had not sent it to the London 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 will was not an intricate one, his lordship consented to go on with the hearing with the aid of an ordinary copy of the will.

THE SOLICITORS (IRELAND) BILL, which is passing through the House of Lords, is in the main a re-enactment of the Attorneys and Solicitors (Ireland) Act, 1866, with the incorporation of the provisions, or certain of the provisions, of the English Solicitors Acts of 1874 and 1877, and of the provision of the English Solicitors Act, 1843 (s. 32), prohibiting solicitors from acting for unqualified persons. The effect, in case the Bill should pass, will be to place the Irish Incorporated Law Society in practically the same position, as regards control of examinations, and functions of a representative character and for the protection of the profession, as has long been occupied by the English Society. It is rather surprising that this position should not already have been attained by the energetic Irish Society; the severest critic of the authorities in Chancery-lane will be unable to deny the benefits which the profession in England have derived from the legislative recognition of the representative character of the English society, and from the exercise of the powers conferred

upon

them.

ON TUESDAY LAST Mr. Justice NORTH referred to some of the inconveniences which result from the present system of bringing before the court by originating summons, under order 55, questions which arise in the administration of estates. In the particular case which was before the learned judge, the court was asked by originating summons to say whether the trustees of a will would be justified in postponing the sale of an hotel which the testator had, by his will, directed to be sold. His lordship said that, as often happened in cases of the kind, he was placed in great difficulty as to matters with which he should have no difficulty in dealing if he were executing the trusts of the will in an action brought for that purpose. He felt quite unable to give the trustees the same discretion as he should himself have in such an action. All he could say was that upon the evidence the trustees would be justified in postponing the sale of the hotel for the present

KEKEWICH for trial only, the application to him for postponement 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 proceedings in the action until the costs before referred to had been paid. On this summons Mr. Justice NORTH, without making an order, though expressing his intention to do so when Mr. Justice KEKEWICH had disposed of the application before him, declined at the same time to certify so as to enable the plaintiff to go direct from chambers to the Court of Appeal. Under the circumstances, the Court of Appeal directed the appeal to stand over until Mr. Justice NORTH should give his decision on the summons, and gave the plaintiff leave to amend his notice of appeal by adding to it an appeal from the order of Mr. Justice NORTH. The complication which here arose could not have arisen if Mr. Justice KEKEWICH could, before trial, have entertained an application to stay proceedings or postpone the trial (see R. S. C., 1883, ord. 49, r. 2).

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power intrusted to the court in the former Bill to protect the prisoner from answering criminating questions is swept away, and, as the measure now stands, every prisoner and his or her wife or husband will be competent, but not compellable, to give evidence at every stage of the charge against him, without any right to refuse to answer any question on the ground that it would tend to criminate him as to the offence charged. The only limit to examination is that the prisoner is not to be required to answer any questions tending to shew that he has committed any offence other than that with which he is charged, unless proof that he has committed such other offence is admissible evidence to shew that he is guilty of the offence charged, or unless he has given evidence of good character. If this little Bill should pass into law it will effect the most radical change in the conduct of all prosecutions. It can hardly be doubted, and was, indeed, recently admitted by Mr. Justice STEPHEN, the chief advocate of the change, 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 will mainly depend on the intelligence and wit of the prisoner, and on whether he has means enough to enable him to be well advised as to the strong and weak points of his case. The wealthy prisoner, having the benefit of a good education and able advice, will be likely to testify with skill and effect; so also, in a less degree, will BILL SYKES, who has had the advantage of a professional career in the criminal courts. But what will happen to an ignorant and timid rustic, who finds himself, for the first time in his life, before a criminal court, and is utterly bewildered and confused? It may be that the questions of his advocate (if he is able to retain one) will enable him to present his version of the matter intelligibly to the court, but when the cross-examination comes is he not certain, whether innocent or guilty, to cut such a figure as to procure a conviction? It will be interesting to watch the criminal statistics for a year or two after the change comes into operation.

LORD STANLEY'S Railway and Canal Traffic Bill does not differ materially from the successively-introduced measures in pari materia of Mr. CHAMBERLAIN and Mr. MUNDELLA, the chief differences consisting in the constitution of the Railway Commission and in an elaboration of the scheme for Parliamentary revision of rates. It is now proposed that the Commission (which is entirely to supersede the existing one) is to consist of as many as six members, three permanently appointed, and three to act ex officio. Of the three permanent members, one is to be "a lawyer of experience," and as the present legal commissioner certainly satisfies that description, his appointment would be the best that could be made, and this solution of the difficulty would, as we suggested in connection with Mr. MUNDELLA's Bill last year, have the advantage of saving a retiring pension. The ex officio members are to be all judges-one for England, one for Scotland, and one for Ireland, the ex officio commissioner for each country to be one of the judges of the superior court of the country; and whenever a case of importance is heard, the ex officio commissioner for the country in which the case is being heard is to attend and preside. The practical difficulty in working this scheme will consist in calling away a judge from the ordinary business of the superior court in each country to sit upon the commission. The scheme for the Parliamentary revision of rates appears to have been modified with the view of giving the companies longer time to oppose revision; but we observe with regret that no specific rules are laid down to guide the Board of Trade in "themselves preparing a scheme which is, in their opinion, a fair classification of traffic, and schedule of rates and charges," nor is any provision directed to the important object of simplifying the present toll clauses, and lessening the number of those "millions of rates" of which traffic managers are so proud. The clause dealing with appeals provides for an appeal direct to the Court of Appeal-a very strong innovation, which may, however, be defended-with a further appeal, by leave, to the House of Lords. We doubt the propriety of leave to appeal," and think that an appeal, if granted, should be a matter of right.

THE RECENT DECISION of the Court of Appeal in the cases of Re Van Duzer and Re Leaf, Sons, & Co. (reported in last week's WEEKLY REPORTER, p. 294; also ante, p. 253), that the words "Melrose Favourite Hair Restorer" and "Electric Velveteen" are not registrable under the Patents Act, 1883, as "fancy words not in common use,' "" will probably have caused much dismay to the commercial community. When the Trade-Marks Regis tration Act of 1875 was being framed it was found so difficult to distinguish words which ought to be recognized as trademarks from words which onght not, that the knot was cut by excluding them from registration altogether, except in cases in 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 " were allowed to be registered. This exclusion of word trade-marks from registration, except in cases of old user, was felt by the trading population to be a grievance, depriving them, as it did, of the benefits of the Act for the most valuable class of trade-marks of all. There can be no doubt that the trade-mark most prized is the trademark which consists of the name by which an article is to be known, as the name of a brand of cigars or of a special toilet article. And the recognition of such names in almost all the countries in the world, especially in the United States, added to the grievance of the English traders, whose rights had always been protected in the United Kingdom before the Act of 1875. Accordingly, when the Act of 1883 was being drafted, one of the alterations in the previous Act which was most generally demanded was the amendment of the definition of registrable trade-marks in such a manner as to include special and distinctive words first used after 1875. Nothing less than this would place traders who commenced business after that year on an equal footing with those who were in business before it, and an alteration intended to meet the difficulty was accordingly made in the definition. Unfortunately, however, as it now turns out, the Legislature, instead of using the same expression-" special and distinctive words "-which had been used in the earlier Act, and which was repeated as to cld

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marks in the new Act, thought fit to employ the expression, "fancy word or words not in common use. The question which the Court of Appeal had to decide was, What was meant by this phrase? The court has dealt with this question as if the expression "fancy word" were introduced for the first time into use by the Act, whereas, in point of fact, it is an expression which has been in common commercial use for a considerable number of years, and which has acquired a perfectly intelligible and wellunderstood meaning. When the phrase was introduced into the Act it was accepted by commercial men as satisfactory, because they understood it to mean in the Act what they had always understood it to mean previous to the Act-viz., any word which was not naturally appropriate to the goods to which it was applied, such as "Dog's head beer, "Two elephant soap, and so on. According to their understanding, the word might be either an old word or a newly-coined one, so long only as it was not descriptive of the goods or of some quality of them. And it was in this way that the Registry Office at first understood the expression, for hundreds of trade-marks of this kind were registered after the Act of 1883 came into operation. Then some acute intellect suggested that a narrower interpretation of the phrase might be possible; applications began to be refused, and the Court of Appeal has now accepted to a considerable extent, though not in toto, the new contention of the office, and has refused to recognize either of the words above mentioned as registrable. The evidence shewed that no one had ever heard of "Melrose Hair Restorer" or of "Electric Velveteen" before the applicants had used them; that, according to commercial phraseology, either was a fancy term; and that each was universally accepted as equivalent to the name of the makers. The point on which the decision appears to be most questionable is this, Did the Legislature adopt the expression "fancy word" as an expression of its own invention, or did it adopt it as an expression with an existing signification? If the former was the case, then the Court of Appeal was undoubtedly justified in placing upon the expression 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 first of the two expressions was geographical in character, the second of a more general character, but neither was connected in any way with the goods, and in such cases not only commercial men, but judges of the highest eminence, had qualified similar words as "fancy names." We have not space to go into the matter at greater length, but the net result of the decision is to overrule three judges of first instance, and to disappoint the reasonable hopes of the trading community, and it can hardly be expected that they will be satisfied without an appeal to the House of Lords, and, if that fails, an agitation for a further amendment of the definition in the Act.

A JUDICIAL INTERPRETATION of the terms of R. S. C., 1883, LII, 4, which should govern the practice under that order as to what affidavits it is necessary to serve together with a notice of motion for attachment, is exceedingly desirable, seeing that any such motion concerns the liberty of the subject, and that it is undesirable that a person should remain in prison while the courts are deciding that he is improperly there. The words of the rule which require interpretation are as follows:-"Where any such motion is founded on evidence by affidavit, a copy of any affidavit intended to be used shall be served with the notice of motion." Mr. Justice PEARSON decided (Whitham v. Whitham, 29 SOLICITORS' JOURNAL, 707, and Schirges v. Schirges, 30 SOLICITORS' JOURNAL, 403) that this rule does not apply to an affidavit which is merely to give formal proof of the service of an order; but in Re Lysaght, Blythe v. Baumgartner (ante, p. 233), Mr. Justice NORTH declined to follow these decisions. It is expedient that the question should be settled whether the motion for an attachment is founded on the proof that the order which has been disobeyed was duly served. It might have been supposed that the motion was founded on disobedience, and that the affidavit proving the disobedience would be the important evidence which the defendant would have to meet. But until the question is settled it will not be safe to rely on the decisions of Mr. Justice PEARSON.

THE GLEBE LANDS BILL.

"THE Glebe Lands Act, 1887," a Bill for which has lately been introduced into the House of Lords by the Government, may probably be useful, but, according to our usual English practice, it is too late. If it had been carried before land had lost, or nearly lost, its saleable value, it would have been a great boon to the country clergy; the immediate advantage of the Act, now that land is a drug in the market, is problematical, though even now there must be cases in which a sale will be advantageous to the 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 suggestion, full of terror to poor incumbents, has been made that neglect to cultivate the glebe in a husbandmanlike manner is a dilapidation; this, however, is not the case, and an incumbent whose glebe is thrown on his hands may safely allow it to fall out of cultivation (Bird v. Relph, 4 B. & Ad. 826).

The mechanism of the Act is somewhat complicated. The incumbent may, after notice to the bishop and patron, apply to the Land Commissioners to sell, or approve the sale, of the glebe land, except the parsonage-house and the land used or convenient to be enjoyed therewith. If the Land Commissioners are satisfied that the sale will be for the benefit of the benefice, and if neither the bishop nor patron object, or if they object and the commissioners think that their objection ought not to prevent the sale, they may sell or approve the sale. Surely it would suffice to require the approval of the Land Commissioners, without any notice being given to the bishop and the patron. It is not to be supposed that the bishop will be able personally to form any 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 costs of this will be. If the patron is a game preserver, and the land proposed to be sold is contiguous to his preserves, he will certainly oppose a sale which will probably cause the erection of cottages; and it may be added that the very fact of his having a voice in the matter may excite the proverbial hostility between squire and parson.

The purchase-money is to be paid to the Land Commissioners whether they conduct the sale or not, and they are to apply it, after payment of costs, in one of several modes to be selected by the incumbent, with the approval of the Land Commissioners. The authorized investments are (1) Government securities or debenture stock of any railway company in Great Britain or Ireland incorporated by special Act of Parliament and having for at least ten years paid a dividend on its ordinary stock or shares; (2) the redemption of land tax, chief rent, or quit rent, charged on any part of the glebe which is not sold, to merge in the glebe. Though the investments expressly authorized are but few, and it appears by the debate in the House of Lords that only the specified investments are intended to be allowed, any lawyer but moderately versed in the law must be aware that many investments not mentioned in the Act are authorized (see Wolstenholme and Turner Conv. Act, 97; Elphinstone Introd. Conv. 289). For instance, investments may be made on real securities in the United Kingdom, including heritable bonds in Scotland, stock of 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 which ought to have been expressly authorized-namely, those of which the general object is to improve the parsonage-house and unsold glebe lands. There is, at least, as much reason for allowing an incumbent to cause moneys arising from the sale of glebe lands to be laid out in permanent improvements as there is for allowing a tenant for life to cause moneys arising from the sale of settled land to be laid out in this manner. There are Acts enabling incumbents to improve the parsonage-house and glebe, or to purchase a new parsonage-house or glebe: these Acts generally provide that the money is to be raised by a charge on the living or by a mortgage of the endowment. We can see no reason against allowing moneys arising from the sale of glebe lands to be applied for any of the above-mentioned purposes, or in paying off an existing charge on the living.

The endowment trustees, in whose names the investments are to be made, consist of the incumbent, the bishop, and the patron, or, in certain cases, his nominee; they are incorporated. Provision is made for the case where the incumbent is liable for

dilapidations in respect of the property sold; for though, as we have already pointed out, he cannot be liable for bad cultivation of the glebe, or for not cultivating it at all, he may be liable for allowing the fences, &c., to decay.

"For the purpose of facilitating the acquisition of land by cottagers, labourers, and others," the land, or some part of it, is to be sold in small parcels, or to be sold to "the sanitary authority for the purposes in this Act mentioned, so far, in either case, as may, in the judgment of the commissioners, be practicable without diminishing the price which can be obtained for such land on a

sale."

The question whether this clause will take effect depends much close to a village, it will fetch a high price if sold in small lots, upon the situation of the land. In many cases, if it be situated perhaps so high a price as to more than compensate for the extra from a village, it is unlikely that it will sell well in lots; perhaps costs of a sale in lots. On the other hand, if the land be remote the sale of one small lot may seriously prejudice the sale of the residue of the property-for instance, where the property intended to be sold is a farm, the sale of the more fertile fields may render the residue of the farm unsaleable. Bearing in mind the proviso that a sale in lots is not to be made where, in the opinion of the Land Commissioners, it will diminish the price, the great probability is that where an entire farm is sold it will be sold as a whole, and that the provision as to sale in lots will only take effect with respect to detached portions of land.

The assurance of the land, when of freehold tenure, to a purchaser is to be effected by a certificate of sale given by the Land the usual form from them. On production of the certificate at the Commissioners, or, at the option of the purchaser, a conveyance in Office of Land Registry, the purchaser is to be entitled to be registhe usual form from them. On production of the certificate at the tered with indefeasible title under the Land Transfer Act, 1875. Those of our readers who remember the discussion in this journal Incorporated Law Society on the land laws will probably advise of the reports of the Bar Committee and of the Council of the all poor men who purchase glebe lands to avoid the registered conveyance. Copyholds may be assured by the Land Commissioners in the same manner as if they had been surrendered to such uses as the Land Commissioners shall appoint.

the purpose of letting it out to the labouring classes resident in The sanitary authority is authorized to purchase glebe land for their district, or, if the authority is a rural authority, resident in some parish of their district, but they must not purchase except at rents all expenses, which include the costs of preparing the land such a price that they may reasonably expect to be recouped by the for letting in allotments.

and the mode of raising moneys required, by a sanitary authority There are provisions as to the incidence of expenses incurred, for the purposes of the Act, made by reference to the Public

Health Act.

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bers of the Incorporated Law Society who have guaranteed A meeting of the Grand Committee, composed of London mem£10 10s. each towards the expenses of the entertainments to be given in June next, was held on Wednesday at the Law Institution, and an executive was appointed for carrying the arrangements into effect, with power to add to their number. Full authority the success of the entertainments. was given to the committee to do everything necessary to secure

well's Law of Evidence Amendment Bill, the Marquis of Salisbury said that he entirely differed from those who thought that a prisoner, in his statement, was always able to do full justice to his story. He had often found that an ignorant prisoner had not the faintest idea of telling that with an imaginary enemy; and he could not tell his story in such a way story intelligibly; he would begin at the wrong end; he would argue that the jury could understand it. In such cases, when acting as chairman of quarter sessions, he had found that, without anticipating the proposed change in the law, the putting of a few questions to a prisoner him to present his case in a way that was more satisfactory to the jury in the way of examination or cross-examination had the effect of assisting and the court than leaving the matter where it was left by an unsifted and imperfect statement.

In the course of the debate in the House of Lords on Lord Bram

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