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the second petitioner insisted that costs ought to be allowed him. And it as a "remate " judgment in a summary proceeding might be displaced by was urged that, under the old practice, the second petitioner wculd not, a plenary judgment, the former was not final and conclusive in Spain, on presenting his petition, have been informed of the presentation of any and, therefore, did not constitute a good cause of action bere, prior petition.
to consider upon what principles the courts NORTH, J., said that it was immaterial how a petitioner obtained infor of this country enforced the judgments of foreign courts. In mation of a previous petition before he presented his own. The second Schibsby v. Westenholz (6 Q. B. 155), Blackburn, J., said (p. 159) :petition was presented deliberately after notice of the first, and the “It is unnecessary to repeat again what we have already said in Godard petitioner must take the consequence of what he had done. His petition V. Gray (6 Q. B. 139). We think that, for the reasons there given, must be dismissed with costs as against the company, who alone appeared the true principle on which the judgments of foreign tribunals are enon it.-COUNSEL, Cozens-Hardy, Q.C., and Oswald ; Napier Higgins, Q.C., forced in England is that stated by Mr. Baron Parke in Russell y. Smyth and Hatfield Green ; Dunham ; Pochin. SOLICITORS, Hulbert, Pitman f (9 M. & W. 819), and again repeatea by him in Williams v. Jones (13 M. & Sons ; Miller f Miller, Burchell.
W. 633), that the judgment of a court of competent jurisdiction over the
defendant imposes a duty or obligation on the defendant to pay the sum NEAL v. BARRETT-North, J., 25th April.
for which judgment is given, which the courts in this country are bound
to enforce; and consequently that anything which negatives that duty, R. S. C., 1883, XVI., 46-DEATH OF PARTY-Want or Legal Personal REPRESENTATIVE-APPOINTMENT OF REPRESENTATIVE BY COURT.
or forms a legal excuse for not performing it, is a defence to the action."
These cases clearly stated the principle in a way which was binding upon In this case the question arose whether a person who had, under rule 46 him, notwithstanding the doubt thrown out by Lord Coleridge, Č.J., in of order 16, been appointed to represent, for the purposes of the action, Abouloff v. Oppenheimer (10 Q. B. D. 300) as to whether the principle was the estate of a deceased defendant, who had no legal personal representa: accurately stated there. The jurisdiction of the Spanish courts over the tive, ought to be made a defendant in the action. Rule 46 provides that testator in the summary proceeding being clear and not in dispute, did “if in any cause, matter, or other proceeding it shall appear to the court the “remate” judgment impose upon him a duty or obligation to pay or a judge that any deceased person who was interested in the matter in the sum adjudicated to be due? His lordship was of opinion that it did, question has no legal personal representative, the court or judge may pro. and did therefore give a right or create a cause of action, though it, no ceed in the absence of any person representing the estate of the deceased doubt, left it open to the defendants to set up by way of defence any, person, or may appoint some person to represent his estate for all pur- thing which negatived the existence of such duty or obligation or excused poses of the cause, matter, or other proceeding, on such notice to such them from the performance of it. That, however, was immaterial for persons, if any, as the court or judge shall think fit, either specially or the present purpose, and he had to decide merely whether the generally by public advertisement, and the order so made, and any order action would lie - not whether it could be successfully defended. consequent thereon, shall bind the estate of the deceased person in the His lordship held that the “summary" or "remate” judgment did im. same manner in every respect as if a duly-constituted legal personal pose a duty or obligation on the testator to pay the sums for which representative of the deceased had been a party to the cause, matter, or judgment was given, unless he could negative the existence of such proceeding.' The action was for the foreclosure of a mortgage of real obligation or establish some legal excuse for not performing it; and did estate, and was brought by a first mortgagee against the mortgagor and therefore give a good cause of action. His lordship did not see how he the second mortgagee. The second mortgagee did not appear to the could come to an opposite conclusion without holding that no judgment writ; judgment for foreclosure was given, and the chief clerk made his of any court of common law before the Judicature Acts could have been certificate. After this, but before the time fixed for redemption had expired, final, as any such judgment might have been rendered of no effect by a the second mortgagee died. He had no legal personal representative. On decree of a court of equity staying all proceedings under it. Whether the 5th of February the plaintiff obtained an order appointing the widow the testator and his executors, who had for thirteen years retained the of the second mortgagee to represent his estate for the purposes of the mines without taking any proceedings to set aside the deed, and who did action. The order was to be served on the widow, and it directed that not seek to rescind the contract, but merely to have the purchase. money she and the other defendant should, in default of payment, be foreclosed reduced, were entitled to succeed was a question for the trial. It would at the expiration of the period fixed for redemption. The order was be unfortunate for the plaintiff if they could, for he, having relied on his served accordingly, and the plaintiff afterwards obtained an absolute judgment, had allowed the time to elapse within which he could bring an order for foreclosure.
The registrar declined to draw up the order, action on the original contract, and the statute would now be a bar to because the widow had not been added as a defendant to the action, and such an action. His lordship was glad to be able to see his way to the point was mentioned to the court.
holding the Spanish judgment to give a good cause of action, as it NORTH, J., directed the order to be drawn up without adding the widow appeared from the evidence that the Spanish courts carried into effect as a defendant.-COUNSEL, J. F. Waggett. SOLICITORS, Hicks f Son. the judgments of those countries only which gave effect to prior judgments
issuing from Spanish courts.- COUNSEL, Napier Higgins, Q.C., and Yate Re HENDERSON, NOUVIOU v. FREEMAN-North, J., 21st April.
Lee; Kenelm E. Digby and Davenport. SOLICITORS, Erobank f Partington ; PRIVATE INTERNATIONAL LAW-FOREIGN JUDGMENT-ENFORCING BY ENGLISH
Freeman & Bothamley.
Re SMITH, CLEMENTS v. WARD—Stirling, J., 21st April. obtained against a testator in a Spanish Court, was of such a nature as to Will-Bequest FOR THE ERECTION OF A CHURCH-Married WOMAN give a good cause of action in an English Court. The Spanish judgment
MORTMAIN ACT (9 Geo. 2, c. 36)—-43 Geo. 3, c. 108—MARRIED WOMEN'S was in respect of unpaid instalments of the purchase-money of some
PROPERTY ACT, 1882. mines in Spain, which had been conveyed to the testator, the purchase In this case the question arose whether the disability of married women money being payable in instalments. The vendor was the plaintiff ; the to make charitable bequests under 43 Geo. 3, c. 108, had been removed that the Spanish judgment was not a final judgment, and that it did not By 43 Geo. 3, c. 108, it is provided that any person may, by will executed defendants were the executors of the testator. The defendants pleaded by section 1, sub-section 1, of the Married Women's Property. Act, 1882, afford a good cause of action, and they also delivered a counter-claim, three months before death, vest in any person or persons land not alleging that the sale to the testator was induced by fraudulent mis- exceeding five acres, or goods or chattels not exceeding £500 for or towards representation, and claiming repayment of the excess of the instal- erecting or building any church in which the rites of the Church of ments of the purchase-money already paid over the real value of the England are observed. And the Act contains a proviso that nothing property. An issue was directed to try the question whether (indepen- therein contained shall extend to enable a married woman, without her dently of the question of fraud) an action would lie on the Spanish judg. husband, to make such a bequest. The testatrix in this case was ment. According to the evidence there are two kinds of judgment in the Spanish Courts; the one being called “summary,
woman married before 1870, who predeceased her husband. By her
," “ executive,” or “re will she bequeathed £200 to the vicar and churchwardens of St. John's mate"; the other " plenary," declaratory," or ordinary." The judg. Church, Parkhill, to be applied by them in the erection of a new church, ment on which the plaintift sued was of the former kind. The testator and to be paid out of such part of her property as could be legally
An order had been made at though he lived for more than two years after the date of the judg. chambers declaring this legacy to be invalid, and the vicar and churche
North, J., held that the action could be maintained. He said that, effect of the above-stated proviso was removed by section 1, sub-section according to the law of Spain, as disclosed by the evidence, proceedings 1, of the Married Women's Property Act, 1882, which enabled a married were of two kinds, “summary" or "executive," and "plenary,” also woman to dispose of her property as though she were a feme sole. enable creditors and others to enforce their claims by short and expedi- engrafted an exception upon the Mortmain Act, which exception did not
STIRLING, J., held that the gift was invalid. The Act of George III, had tious means when certain determined conditions existed. It was dictated extend to married women acting without their husbands. by the same policy which in this country authorized summary applications women, therefore, remained subject to the Mortmain Act.
If the gift for judgment on bills of exchange, and also under order 14 under the were valid it could only be because the Married
Tomen's Property Act, remedy in commercial cases, and frustrating the attempts of debtors to expressly, nor, in his wordship's opinion, had it done so by implication, avoid or postpone by frivolous and fictitious defences and protracted for (1) it contained no mention of or reference to the Mortmain Act, ezno might be resorted to in numerous cases, and even with respect to ime give ful effect to the provisions of the Married Women's Property mandet; public document executed by the debtor; ama bit emas judes disputoa thay Farmer, leare; Taylor, f? Bere, for Horton, Lee, $ *Lee, Birmingham in eo exist by Panpacknowledgment before and competent judge so bynany Pearson, 20., and Bardstele se Phipson Beale Minchin. Samen met The agreement to pay contained in the purchase we do hadisputad cient Brothers, cores 2.0iyor Baker, Birmingham; Beate 4 Co., for Beale il Como busis for summary proceedings. To deal properly with the defence that, Birmingham.
It had not done so
field (4 0. B. 783) and White v. James (18 Eq. 303). A man was not in present Lord Blackburn he sat in 1867 as a member of the Special Com.
costs ; and so an order had been obtained that Ward should produce his Spain,
diary ; but this could not be done. If it could be done, then in every INJUNCTION-NUISANCE-ORGAN PLAYING-LIABILITY OF LESSOR AND bere,
case in which a party had consulted his solicitor, the communications courts
between them of matters in an action in which the solicitor is interested This action raised two questions-—(1) Whether the playing of certain
must be disclosed. The privilege was that of the client, and the solicitor brass bands, organs, &o., created a nuisance which could be restrained by was entitled to set it up against the disclosure. There was no real danger
injunction ? and (2) whether the lessor of the person who put these instru- of injustice succeeding at the trial in consequence of the refusal of such gireu, Idents and other means of noise into operation was properly joined as a
disclosure, for if at the trial Ward should decline to produce his bill of defendant? The plaintiff, S. Winter, occupied a house in King's-road, costs and set up the privilege against any disclosure of the facts, & jury Sayti Brentwood, Essex; the defendants were B. Baker, who owned some
would not be likely to accept his story. And he did not believe that any 13 2.6
model lodgings with a yard behind them where the alleged nuisance took real difficulty would arise as to the privilege. But the order for producplace, and his weekly tenant, W. Davies. The action claimed an injunc
tion of the diary ccould not be supported. Order set aside.-COUNSEL, he sun
tion against the defendants to restrain them from using the yard for the Bigham, Q.C., and H. T. Atkinson ; Guiry.— Times. bonnd
purposes of shows, steam circuses, organs, swings, roundabouts, rifleit duty,
shooting galleries, or other sports or entertainments whereby a nuisance uction.
might be occasioned to the annoyance of the plaintiff. Davies had not В ирго
entered an appearance, and the plaintiff moved for judgment against him
The Right Hon. Sir JOHN MELLOR, Knt., many years a judge of the or less disorderly. The law was well established, and was laid down with 26th inst., from congestion of the lungs, in his seventy-eighth year.
Queen's Bench Division, died at his residence, 16, Sussex-square, on the
Sir h it, reference to these matters in Walker v. Brewster (5 Eq. 25), Soltau v. De Held J. Mellor was the son of Mr. John Mellor, of Leicester, and was born in
(2 Sim. N. 8. 133), and Walter v. Selfe (4 De G. & Sm. 315).
A deal 1809. He was a pupil in the chambers of the late Mr. Thomas Chitty, what might possibly influence a jury had no effect on a judge. He must when he joined the Midland Circuit, and speedily acquired a good crimi. protest against the notion that a judge could not act on the general know- nal business at sessions and assizes, and became known as a rising junior ledge and experience which he had acquired in a somewhat active life, on the circuit, practising also at the Parliamentary bar.
In 1851 he reand he thought he was bound to give suitors the benefit of the knowledge. ceived a silk gown from Lord Truro, and he steadily rose to the position Approaching the case, not only with a knowledge of what he had heard of leader of the Midland Circuit, besides acquiring, a fair share of leading in evidence, but with a general knowledge of what occurred in daily life, business in London. He was recorder of Warwick from 1848 till 1852, he must point out that shooting, if properly conducted, was not a nuisance in itself, but it might have conduced to bring large crowds
and of Leicester from 1855 antil his elevation to the bench. At the together, and evidence had quite rightly been led with reference to it: general election of 1852 he unsuccessfully contested Warwick in the There was no evidence of danger from the shooting or else the case would Coventry, but in the autumn of the same year he was elected M.D. for
Liberal interest, and at the general election of 1857 he was unsuccessful at have fallen within Soltau v. De Held (ubi supra). But the band and the organ, Yarmouth, and at the general election two years later he was returned which had twenty-seven trumpets, which were played from six till ten every evening, did create a nuisance, that was to say it interfered with the
for the borough of Nottingham. He was not a very frequent speaker in ordinary comfort of the neighbours, people who were not fastidious or Palmerston.
the House of Commons, but he always gave a steady support to Lord
In December, 1861, Mr. Justice Hill retired from the bench over-sensitive, and only wanted to live like ordinary English people. on account of ill-health, when the vacant seat in the Court of Queen's There would be an injunction against Davies. Then was Baker liable? Bench was conferred by Lord Westbury upon Mr. Mellor, who shortly A plaintiff injured by a tort might join as defendants to his action all afterwards received the honour of knighthood. In conjunction with the persons whom he could shew to be participes criminis : see Rich v. Baster general liable for nuisances committed by his tenant, but Baker was a remembered as one of the three judges who sat during tho pro
mission for the trial of the Manchester Fenians, and he will also be party to the nuisance, as he had let the yard knowing it was to be used 1or these shows, and after it had been let for one week he had let it 1879, after seventeen and a half years of judicial service, he retired on a
tracted trial at bar for perjury of the Tichborne claimant. In June, again, knowing well what had been done ip themeantime. An injunc- pension, and on his last appearance on the bench he received an eloquent tion would go against Baker too ; both defendants being liable for the valedictory address from the then Attorney-General, Sir John Holker. costs.-Counsbl, Warmington, Q.C., and Beddall; Forbes, Q.C., and He was shortly afterwards sworn in as a member of the Privy Council. Swinfen Eady.
Sir J. Mellor was a bencher of the Inner Temple. He was married in 1833 to the daughter of Mr. William Moseley, of Peckham, Surrey, and
he leaves eight sons. His eldest son, the Right Hon. John William CASES AFFECTING SOLICITORS.
Mellor, Q.O., was Judge Advocate-General in Mr. Gladstone's third
Administration. His third son, Mr. James Robert Mellor, is one of WARD V. MARSHALL_Q. B. Div., 27th April.
the Masters of the Supreme Court. His fourth son, Mr. Edward David PRIVILEGED COMMUNICATIONS-SOLICITOR'S DIARY.
Mellor, is a chief clerk in the chambers of Mr. Justice Kay. His sixth This action was on a bill of exchange drawn by one Scales upon and ac
son, Mr. Charles Mellor, is a member of the North-Eastern Circuit; and Septed by the defendant and endorsed by Scales to Ward, the plaintiff, his youngest son, Mr. Francis Hamilton Mellor, is a member of the defrauded out of the bill by Scales and that the plaintiff Ward had taken
The defendant pleaded, in effect, that he had been
Mr. WILLIAM HENRY KISBEY, Q.O., Queen's Advocate for Ireland, has him. Then the defendant desired to obtain production of Ward's professional diary for the purpose of inspecting entries as to business with Mr. Richard Wilson Gamble, Q.C.
Courts for the counties of Armagh and Louth, in succession to the late
Mr. Kisbey was called to the bar at Scales, but the disclosure was resisted on the ground of the privilege Dublin in 1866, and he became a Queen's Counsel in 1883. He has attaching to professional confidence, the entries being minutes of com. practised on the North-East Circuit, and he was appointed Queen’s Advomunications between Ward and his client. The question was whether cate in 1885. production of the diary should be enforced.
Lord COLERIDGE, O.J., said he was of opinion that Ward could not be crampelled to shew the entries in his diary relating to professional business to the Commissioners of Taxes at that place, in succession to the late Mr. transacted between him and his client. The entries were, in fact, records
David Pugh. Mr. Millard was admitted a solicitor in 1881. of professional communications between them, and were to be dealt with Mr. ARTHUR DENMAN, barrister, has been appointed Clerk of Assize on on the same principle as if the solicitor was asked in cross-examination to the South-Eastern Circuit for the Home Counties in succession to his state conversations between him and his client. he could not be asked in the witness box to disclose such conversations.
He was of opinion that uncle, the Hon. Richard Denman, deceased. Mr. Denman is the second he did not follow that because the solicitor himself disclosed the fact that educated at Trinity College, Cambridge. He was called to the bar at the die was acting for Scales, as his solicitor, these communications should be Inner Temple in May, 18si, and he is a member of the Midland Circuit. client and the solicitor or that the confidence was created with a corrupt has been created a Knight Commander of the Order of St. Michael aná hantive as in Reg.v. Cox (33 W. R. 396). If it had been so then that case might Sis George atsir 1. Upington was called to the bar in Ireland in 1867, inle of law applied that communications between a solicitor and his client the Colony at the Colonial Conference.
Then the ordinary He is a Queen's Counsel for the Cape Colony, and he is a representative of in professional considence could not be disclosed. It was urged that this tended to conceal the truth, but that was always the effect of the privilege,
Mr. JOSEPH GUBDALLA, solicitor, of 21, Essex-street, Strand, W.O., has if the disclosure disturbs the confidential relations of life and introduces into Sistem suspicion and distrust on Persial. Pleatisera Deite en simtosacea intelected Where to the Commissioners van Land and Income Tax for the the statement of Ward, the planting that time to listened toilte foto the Scales for presence, let.com.com France matias admitted the solicitor in 1886. e dos concurred. The defendant, he pensione desired to test the truth of their gand district on the resignations of this father, M. Wiliam Stephen
Mr. ARTHUR JOHN HANSLIP WARD, solicitor, of Harwich, has been appointed Clerk to the Ramsey School Board. Mr. Ward is town clerk
COURT PAPERS. of the borough of Harwich. He was admitted a solicitor in 1882.
SUPREME COURT OF JUDICATURE. Mr. ROBERT PATTEN ADAMS, Solicitor-General of Tasmania, has been
ROTA OF REGISTRARS IN ATTENDANCE ON appointed a Puisne Judge of the Supreme Court of that colony. Mr.
APPEAL COURT APPEAL COURT Mr. Justice Mr. Justice
CHITTY. Somersetshire, and was born in 1831. He was called to the bar at the
Mr. Pugh Mr. King Mr. Leach
Wednesday 4 Carrington
Mr. Justice Mr. Justice Mr. Justice JAMES LORD MOORE and Thomas WHALLEY MILLAR, solicitors (Moore &
STIRLING. KEKEWICH. Millar), of 32, St. Ann-street, Manchester. April 16.
2 Mr. Koe
Mr. Olowes [Gazette, April 26.7 Tuesday
Carrington Pemberton We are desired to state that Mr. J. Harcourt Smith, law costs draftsman and law partnership agent, of 63 and 64, Chancery-lane, has never
COURT OF APPEAL. been connected in any way whatever with the Joseph Smith, assuming the name of Harcourt and signing his name J. Harcourt Smith, charged
EASTER SITTINGS, 1887. before the Lord Mayor with uttering a forged deed.
FROM THE CHANCERY DIVISION, THE PROBATE, DIVORCE Mr. Baron Huddleston, at the Gloucester Assizes, complained of the AND ADMIRALTY DIVISION (PROBATE AND DIVORCE), condition of the court, which, he said, was one of the worst he had ever AND THE COUNTY PALATINE AND STANNARIES COURTS. been in. He noticed that something was being done towards improving In re the Oxford Building and Investment Cold and Co's Acts app of Jason, the accommodation of the prisoners awaiting trial, and he hoped con Saunders & Co frum order of Mr Justice Kay, dated 24 Jan 1881 Ja i 25 sideration would, as soon as possible, be extended to her Majesty's In re John Smith, dec Smith v Daniell app of plt from judgt of Mr Justice judges.
Kekewich (sitting for Mr Justice Kay), dated 8 Feb, 1887 Feb 28 At the Winchester Assizes, on Monday, Mr. Justice Denman alluded to
Bankes v. Small app of dft from judgt of Mr Justice Kekewicb, dated 11 Jan
1887 March 3 complaints from the Home Office as to the inadequate cell accommodation
1887. for prisoners awaiting trial. He had inspected the cells at Winchester,
Thomas Weldhen v Scattergood app of oft Alice Scattergood from judgt of Mr and asserted that if England were searched over more humane and com Justice Stirling, dated 24 July, 1886 March 9 (Security ordered March 23) fortable arrangements for prisoners could not be found. His lordship J W Weldhen v Scattergood app of dft Alica Scatter good from judgt of Mr added that a council of judges had unanimously agreed that three Justice Stirling, dated 24 July, 1886 March 9 (Security ordered March 23). criminal assizes were sufficient, and that this would be the last time the Cavendish v Cavendish app of plt irom judgt of Mr Justice North, dated 1 Feb. grand and petty juries of Hampshire would be inconvenienced by trying seguin", Daugars (on behalf, &e), gpp of dft G G Daugars from judgt of Me the prisoners other counties.
Mr. Justice Kay, on coming into court on Saturday morning last, said In le R D D Duffield, doo Masters Tabrum app of dft Brownson from order that he had just received a letter from the junior counsel in the De of Mr Justice Kay, dated 16 Feb, 1887, refusing allowance of maintenance Tourville case, stating in effect that the affidavit of the solicitor, which March 14 alleged that the suppression of the knowledge that the infant De In re G W Marrett, dec Chalmers v Wingfield app of plt_from refusal of Mr Tourville was alive had been by his advice, was false, and requesting the Just ce Stirling to vary Chief Clerk's certificate, aated 21 Feb, 1887 March 14 judge to allow the case to be put in the paper again that he might have Towgood, trading as Towgood Bro8 v A Pirie & Sons app of plt from order of an opportunity of denying the fact on affidavit. Having read the letter, Mr Justice Chitty, dated 4 Feb, 1887, on motn treated as trial of action
March 17 his lordship said it was very embarrassing to a judge to receive letters of that kind, and that the course he always followed was at once to make
In re Towgood's Trade Mark No. 49,305, registered by Towgood Bros and Patents, such letters public. Every facility would always be given to everyone
&c, Act, 1883 app of Alfred Towgood from order of Mr Justice Chitty, datud
4 Feb, directing removal of trade mark from register March 17 who desired to clear his character from an imputation upon it, especially Talbot Talbot app of J L Frore from order of Mc Justice Chitty, dismissing a member of the bar, if a proper proceeding for that purpose was taken, petition March 17 but to write such a letter to a judge at his private address was not a pro Sheppard, on behalf, &o, v The Scinde, Punjaub, & Delhi Ry Co app of plts per proceeding for such a purpose. With regard to this matter, the from judgt of Mr. Justice Kekewich, dated 16 Feb, 1887 March 23 following letters have passed :
In re T Coward, dec Coward v Larkman (construction) app of aft C M Brigham's Trusts-Re De Tourville,
Larkman from judgt of Mr Justice Kay, dated 19 Feb, 1887 March 23 “ 45, Lincoln's-inn-fields, April 25, 1887.
In re Tyringham's Marriage Settlement Markby v Tyringham app of dft W F “Dear Sir,—In the letter you wrote to Mr. Justice Kay in this matter Higgins & anr from order of Mr Justice Kay, dvied 22 Feb, 1887, on sumps
March 24 you first refer to the affidavit of Mr. Lea (the managing clerk of Messrs. Weston, Grover, & Lees, tbe Manchester solicitors), but subsequently you
Cubb & Co v Woodward app of Thomas Foat from refusal of Mr Justice Stirling refer to the solicitors in the case, and you say 'but the affidavits filed are,
to vary Chief Clerk's Certificate, dated 4 March, 1887 March 25 so far as they relate to the alleged advice given by me as to the production
Barr v Wimbledon Local Board app of afts from judgt of Mr Justice Kekewich,
dated 4 Marcb, 1887 March 25 of Dr. O'Reilly's letter, entirely false.' “We shall be glad to know from you without delay whether you
Humpherson v Śger app of dft from jdgt of Mr Justice Kekewich, dated 7
March, 1887 March 26 intended to limit your allegation of falsity to Messrs. Weston, Grover, & In re Robert Stewart, dec Clarke, Bart v Sandford app of F Sandford & abr Lees (by their managing clerk, Mr. Lea), or whether you also include us from order of Mr Justice Kay, dated 1 March, 1887 March 26 (the London agents); and in the latter case we shall further be glad to In re Thos Clarke, dec Coombe v Carter app of dft from jdgt of Mr Justice know the numbers of the paragraphs in our affidavit which you allege to
Kay, dated 26 February, 1887 March 29 be false.
Gooding v Wiltshire app of plt from judgt of Mr Justice Kekewich, dated 2 “We write this on our own account only, and as the above statement
March, 1887 March 28 affecting us has been published, we reserve the right of publishing this
In re E M Machan, dec Hogarth v Machan
app of plt M A Robson from reletter, and your reply hereto, remaining,
“ Yours faithfully,
fusal of Mr Justice North to vary Chief Clerk's Certificate, dated 3 Feb, 1887
March 31 'BOLTON, ROBBINS, BUSK, & Co. Schneider v Bodd app of dft from jdgt of Mr Justice Kay, dated 23 March, 1887 “J. H. Slater, Esq., 3, Plowden-buildings, Temple, E.C.”
March 31 " Re De Tourville.
Brough & anr (on behalf, &o) v Dando, trading, &c app of T V Garney from “3, Plowden-buildings, Temple, April 26, 1887. refusal of Mr Justice Chitty to vary Chief Clerk's Certificate, dated 10 Marcb, “Dear Sirs,-I have to acknowledge the receipt of your letter of
1887 March 31 yesterday's date, and in reply beg to state the remarks contained in the Davies Bros & Co v Davies app of dft from jdgt of Mr Justice Kekowich, dated communication to which you refer had no reference to the affidavit filed
14 March, 1887 April 2 by your firm. “ Yours faithfully,
In re R C Leigh, late an Infant, now of age, and Infants' Settlement Act, 18 & “J. HERBERT SLATER.
19 Vict c 43 Leigh v L-igh" app of dft K C Leigh from order of Mr Justice “Messrs. Bolton, Robbins, Busk, & Co., solicitors."
Kay, dated 1 April, 1887, directing Settlement on Marriage April 4
Kekewicb, dated 13 Jan, 1887 April 6
Justice Kekewich, dated 5 April, 1887 April 7
Bird v Andrew app of plt from jágt of Mr“Justice Kay, dated 7 March, 1887 WARNING TO INTENDING HOUSE PURCHIASERS AND LESSEES.–Before purchasing In To Fitzgerald's Settled Estates Fitzgerald v White app of plt from order of or renting a house have the Sanitary arrangements thoroughly examined by an expert from The Sanitary Engineering & Ventilation Co., 115, Victoria-st., West
Mr Justice North, dated 21 March, 1887 April 13 mirster (Estab. 1875), who also undertake the Ventilation of Offices, &c.-(ADYT.]
Appeals from the County Palatine Court of Lancaster. FURNISH ON NORMAN & STACEY'S SYSTEM; No Deposit; 1, 2, ar 3 years credit;
From Interlocutory Orders. 60 wholesale firms. Offices, 79, Queen Victoria-st., E.C. Branches at 121, Pali M all, s.W., & 9. Liverpool-st., E.C. Goods delivered free.-[ADVT.
In re Thos Etty, Gent, one, &, and in re Tosteth Brewery Co & Co's Acta'
app of plt from jdge of Mr Justice
and Chancery Lancaster Acts app of liquidator from refusal of Vice-Chancellor From Orders made on Interlooutory Motions in the Queen's Bench Division.
The Indo-European (London to Bombay) Ry Co, ld v Gustavy Cipri app of 1886.
plts from judgt of Mr Justice Stephen at trial of interpleader issue by order in Wilson v The Miles Platting Pərmanent Benefit Building Society app of plt 12 and 13 Viet o 45, 8 13 North and S W Janction Ry Co, la (represented, &c)
action of Cipri v Bonville March 18
v The Brentford Union Assessment Committee (Q B Crown Side) app of
Assessment Committee from order of Justices Duy and Wills amending a poor dated 16 August, 1886 Dec 16 1887.
rate on special case stated by arbitrator March 22 smith v Harris app of plts from order of the Vice-Chancellor, dated 29 Oct, Macalpinti Young , app of ati from Justices Grove and Wills róscinding order of
Mr Justice Grantham for discharge of receiver Dec 18 Macalpin v Young
app of dft from the Lord Chief Justice and Mr Justice Mathew affirming White Speacer app of plt from judgt of the Vice-Cbancellor, dated 11 Jan, Judge's order and Master's report as to separate property, March 22 1887 Feb 21
The Queen v Lord Penzance (QB Crown Side) app of J B Cox from Justices Knowles v Heathcote app of plt from judgt of the Vice-Chancellor, dated Mathew, Cave, and A L Smith, discharging rule nisi for prohibition March 24 24 Jan, 1887 Feb 23
Thomas v Edwards app of dfts from Justices A L Smith and Grantham affirmProctor v Bennis app of plt from judgt of the Vice-Chaneellor, dated 28 Feb, ing order of Nantwich County Court for committal of dft March 29 1887 March 12
Marin v The Manchester Bonding Warehouse Co, Id (Reid and Son clmts) app Proctor v Bennis & ors app of dft Edward Bennis from judgt of the Vice-Chan of dfts from Justices Day and Wills affirming order for delivery of goods and cellor, dated 28 Feb, 1887 April 4
refusing liberty to interplead Mar 29 In re Old Swan and West Derby Permanent Bldg Soo & Cy's Acts 1862-7, Wm The Queen v H H Judge Abdy (Chelmsford) and anr (Q B Crown Side) app
IV 0 32, Land Acts 1854 app of W Evatt from order of the Vice-Chancellor, WE P Cotton and Wife from Justices Mathew and Cave refusiog prohibition dated 14 March, dismissing petition April 4
in County Court action of Clarke v Cotton Mar 30 Clowes v McFarlane app of plt from judgt of the Vice-Chancellor, dated 28 Feb, Martin v North Met Trams Co app of dfts from Justices Day and Wills refusing 1887 April 7
new trial-action tried by Mr Justice Mathew with a special jury in Middlesex N.B.- The County Palatine Appeals as the dates of setting down are reached in
Mar 31 the General and Separate Lists are set aside and taken on the first Thursday Boss v Palmer and Saville app of plt from Justices Day and Wills affirming in every Sitting, and afterwards on the first Thursday in the following months refusal to direct further answer to interrogatories and postpone trial April 1 during the Sittings.
In re Alfred Park, a Solicitor, Expte Incorporated Law Soc app of Alfred Park N.B.-During Easter Sittings Palatine Appeals (if any reached) will be taken
from order of Justices Day and Wills to strike off rolls_April 1 on the following daye, viz :
Spice (trustee, &c) v R and W Hirst app of dfts from Justices Day and Wills Thursday, April 21st.
affirming refusal to change venue to Leeds and rescission of order for special
jury trial April 1 Thursday, May 5th.
Mao Cunn, on behalf, &c v London and St Katherine Docks Co app of dfts from From Orders made on Interlocutory Motions in the Chancery Division.
Justices Day and Wills refusing new triel-action tried by the Lord Chief
Justice in Middlesex with a jury April 5
Harrison & apr v Lord Douglas Gordon app of plts from Justices A L Smith 1887.
and Grantham affirming order for unconditional leave to defend Harrison &
aor v Lord Esme S Gordon app of plts from like order Harrison & apr v
Smith refusing to set aside reference to arbitrator April 6
Kay, dated Jan 28, directing payment of interest on balances March 21 (SO Day and Wills giving liberty to sign jdgt for full amount and refusing leave to
defend April 7 Anglo-American Brush Electric Light Corpn, Id v R E Crompton & Co app of Hopkins v Vickers app of plt from Baron Huddleston and Mr Justice A L Smith dfts from order of Mr Justice Kay, dated March 15, for commission to the setting aside signed jdgt and giving leave tu amend April 7 United States March 25 Harrels 25 Dougherty app of dfts from refusal of Mr Justice Kay, dated Lethbride Til et app of dift from order of Mr Justice Stephen at trial referO'Dowd v Griggs (originating sumns) app of plt from order of Mr Justice North, dated March 14, dismiesing summons to re-open accounts April 6
FROM PROBATE, DIVORCE, & ADMIRALTY DIVISION. Linwood v Andrews app of dft from orders of Mr Justice Kay, dated Jan 21,
(ADMIRALTY). Feb 4 and April 1 April 7
With Nautical Assessors.
Ship General Pel (damage) Owners of the St Elmo and her cargo v Netherlands
India Steam Navigation Cold app of dfts from jdgt of the President, dated James v Bishop app of deft from judgt of Mr Justice Wills at trial at Cardiff Dec 16, 1886 Jan 12 without a jury March 21
Ship Sardinian (damage) J T Crampton & ors v Owners of the Sardinian app
mingham (Q B Crown Side) app of Worcester Guardians from Justices A L Ship Star of Persia (salvage) Pritchard & ors v Owners of the Star of Persia &
Day and Wills setting aside verdict and judgt at trial-action tried by Mr Co (owners of Banshee) app of plts from jdgt of Mr Justice Butt, dated Feb
app of aft from jdgt of Mr Justice Butt, dated Feb 18, 1887 March 28
From the Queen's Bench Division, Sitting in Bankruptcy,
In re W H Palmer Expte WH Palmer app of "debtor from Mr Registrar
Hezlitt (heard Oct 29 by Master of Rolls and Lords Justices Lindley & Lopes WC D Esdaile & anr 'Ausesement Committee of the City of London Union
-subcequent application-S O generally)
In re Betts & Block Expte H J Block app from Mr Registrar Hazlitt
In re J E F Aylmer Expte H L Bischoffs heim app from Mr Registrar Hazlitt
In re H W Beauclerk Expte H W Beauclerk app from receiving order made Justice Cave at Liverpool with a jury March 31
by Mr Registrar Giffard. The Glamorganshire Banking Co, id, v Angel & Co & Armstrong & Co app of
In re Roberts Expte W Williams app from receiving order made by Mr Regisdefts from jadgt of Baron Pollock'at trial in Middlesex April
trar Finlay Knight Hamer v James & anr app of plt from judgt of Lord Justice Lopes at trial in
In re J Caldwell Expte J Caldwell
In re M A Benham
Expte Goldring & anr app of trustee from order of
Divisional Court Jones & anr y Williams, Gittens, & anr (garnishees) app of defts from judgt
In re Jas McHenry Expte the Count de la Chapelle app of the Count de la Mr. McIntyre, Q.C., sitting as Commissioner after trial at Welshpool In re piutton Expte the Board of Trade app from order of Divisional Court The Mayor, &o, of the Company of Merchants of the Staple of England v Bank
In re MoHedry Expte Viscount Bury app from order of Mr Registrar Hazlitt of England app of plts from order of Justices Day and Wills on motn after
In re Palmer Expte W H Palmer app fron order of Mr Registrar Hazlitt trial before Baron Pollock reserving leave to move to enter judgt The Mayor
&o of the Staple of England v The Bank of England app of dfts from same Great Northern Ry Co v Kennedy & anr app of aft from judgt of Mr Justica one of London Contract Corporation, styles (Q B Revenue Side) app of Moncler Zeite CREDIVORS Wspaper, To would be sent to Harrison' and sons, Pub Contract Corporation from jadgt ot' Justices A L Smith and Grantham on ease stated by Commissioners of Income Tax April 13
lishers London Gazette, 45, St. Martin's-lane, W.C. The Gazette is published every Tuesday and Friday.-[ADVT.]
Middlesex with a jury April 6
dlerex April 5
FRETWELL, THOMAS HENRY, Rotherbam, Yorks, Pork Butcher. Sheffield. Pet
April 20. Ord April 20
GARRETT, CHARLES FREDERICK, Southsea, Surgeon, Portsmouth. Pet April 19.
Ord April 19
HARRIS, JOHN THOMAS, High Wycombe, Buckingham, Builder. Aylesbury.
Pet April 18. Ord April 18
HOCKIN, JAMES, Plymouth, Bootmaker. East Stonehouse. Pet April 19. Ord
April 19 BOYTHORPE COLLIERY CO, LIMITED.-Stirling. J., has fixed Tuesday, May 3, at
HOLMES, JOHN, Leeds, Plumber. Leeds. Pet April 19. Ord April 19 19. at his cbambers, for the appointment of an official liquidator FLINTSHIRE OIL AND CANNEL CO. LIMITED.-Petn for winding np: presented HOUGHTON, ROBERT, Redland, Bristol, Ironmonger. Bristol. Pot April 20. April 21. directed to be beard before North.J., on Saturday, April 30. Gregory Ord April 20 & Co. Bedford row. agents for Hill & Co, Liverpool, solors for petner
HUNT, CHARLES, Heanor, Derby, out of business. Derby. Pet April 19. Ord JOSEPH AND JESSE SIDDONS, LIMITED.-Petn for winding up, presented April 19, April 19
directed to be heard before Chitty, J., on Saturday, April 30. Tucker & Lake, ILLINGWORTH, JOSHUA MAUDE, York, Clerk. York. Pet April 19. Ord April 19 Ser le st, Lincoln's Inn, agents for Wragge & Co, Birmingham, solors for
JOHNSON, A W, Oxford, Retired Captain. Oxford. Pet March 21. Ord April 19 PPNJAUB AND CASHMERE CARPET CO LIMITED.- Chitty, J., has fixed. Saturday, JONES, ROBERT, Llangollen, Denbigh, Innkeeper. Wrexham. Pet April 18. April 20, at 12, at his chambers, for the apzointment of an official liquidator
Ord April 18
JONES, THOMAS, Gellygaer, Glamorgan, Grocer. Merthyr Tydfil. Pet April 18.
Ord April 18
LOCKITT. OHARLES CLAYTON, George st, Croydon, Croydon, Pet March 29. Ord
Lodge, nr Walsall, Farmers. Walsall. Pet April 2. Ord April 18 LANCASHIRE HOUSE OWNERS' INVESTMENT CO, LIMITED.-The Vice-Chancellor | LOOSMORE, JAMES. Kidwelly, Carmarthen, Hay Merchant. Carmarthen. Pet bas fixed Tuesday, May 3, at 12, at 9, Cook st, Liverpool, for the appointment April 19. Ord April 19 of an official liquidator
MOODY, ALFRED, Wimborne Minster, Dorset, Ohemist. Poole. Pet April 20. VICTORIA SPINNING CO. OF UROYLSDEN, LIMITED.-By an order of the court, Ord April 20 dated March 22. it was ordered that the voluntary winding up of the company NUTTALL, THOMAS, Todmorden, Lancashire, Hawker of Drapery Goods. Burnbe continued. Addleshaw and Warburton, Manchester, solors for petner
PARKER, ROLAND, jun, Speinton, Nottingham, Centractor. Nottingham. Pet FRIENDLY SOCIETIES DISSOLVED.
April 20. Ord April 20 SANCTUARY HEART AND HAND, Black Lion Hotel, Middlesborou_h, York. PIDDOCKE, MORRIS, Wooler, Northumberland. Clerk in Holy Orders. NewApril 18
castle on Type. Pet April 20. Ord April 20 London Gazette.-TUESDAY, April 26.
POUNCEY, GEORGE, Ripon, Yorks, Retired Tailor. Northallerton. Pet April 1. JOINT STOCK COMPANIES.
Ord April 19
POWELL, THOMAS, Mountain Ash, Glamorganshire, Bootmaker. Aberdare. Pet LIMITED IN CHANCERY.
April 20. Ord April 20 FLINTSHIRE OIL AND CANNEL CO, LIMITED:- Petn for winding up, presented | REYNOLDS, DAVID FREELOVE, Swansea, Licen sed Victualler. Swansea. Pet
Amil 21, directed to be heard before North, J., on Saturday, May 7. Gregory April 19. Ord April 9 & Co, Bedford row, agents for Hill & Co, Liverpool, solors for petner
ROBINSON, GEORGE, Birmingham, Painter. Birmingham. Pet April 18. Ord NATIONAL AGRICULTURAL HALL CO, LIMITED.-Petn for winding up, presented April 18 April 23. directed to be heard before North, J., on Saturday, May 1. Barber SHAW, JOSEPH, Elland, Yorks, Grocer Halifax. Pet April 18. Ord April 18 & Son, St Swithin's Jane, solors for petners
SMITH, JOHN WILLIAM, Fakenham, Norfolk, Carpenter. Norwich. Pet April SHORTHORN Dairy Co, LIMITED.-Stirling. J., has, by an order dated Feb 25,
19. Ord April 19 appointed John Young, 41, Coleman st, to be official liquidator
SPROAT, JOHN. and ISRAEL SCARGILL, Barnsley, Yorks, Grocers. Bardsley.
Pet April 19. Ord April 19
TAYLOR, RICHARD CARTER, Oxford st, Licensed Victualler. High Court. Pet
April 16. Ord April 18 STAR BLEACHING CO. LIMITED.-Petn for winding up, presented April 25,
THOMAS, SIDNEY, Albemarle st, Piccadilly, Jeweller. High Court. Pet April 20. directed to be heard before the Vice-Chancellor, at St George's Hall, Liver Ord April 20 pool, on Tuesday, May 10. Leigh, Manchester, solor for petner
THOMPSON, THOMAS, Scarborough, Fisherman. Scarborough. Pet Apr 18. Ord
THORPE, EDWARD, Hyson green, Nottingham, Beerhouse Keeper. Nottingham.
monger's Assistant. Birmingham. Pet Apr 20. Ord Apr 20
Ord Apr 20
WARREN-BÖNOMI, EGERTON, Cheltenham, Artist. Cheltenham. Pet Apr 18.
Ord Apr 18
YOUNJ, CHARLES, Stockton on Tees, Ironmonger. Stockton on Tees and
Middlesborough. Pet Apr 16. Ord Apr 16
May 4 at 11. 16, Wood st, Bolton TUCKER, SBEPHEN ISAACSON, Piccadilly, Somerset Herald. May 9. James y BLENKARN, THOMAS. Fenwick rd, Peckham, Commission Ageat, April 29 at 11 Tucker, Ohitty, J. Godfray, Finsbury pavement
33, Carey st, Lincoln's inn London Gazette.-FRIDAY, April 15.
BRUNSDEN, HENRY, Ohisledon, Wilts, Farmer. April 29 at 11.80. Off Rec, Swin
don, Wilts CREEKE, CHRISTOPHER CRABB, Bournemouth, Architect. May 16. Re Creeke's BULPITT, CHARLES EDWARD, Southwark st, Potato Salesman. April 29 at 2.30. Estate, Lance v Creek, Stirling, J. James Druitt, Bournemouth
Bankruptcy bldgs, Lincoln's inn
CHAPPELL, HARRY, and GEORGE CHAPPELL, Nottinghum, Butchers. April 29 at HARDING, LAWRENCE GEORGE, Lamyatt, Somerset, Gent. May 7. Harding v
12. Off Rec, 1. High pavement, Nottingham Harding, Chitty, J. Huxtable, Dorchester
COLMAN, ARTHUR, Thorndon, Suffolk, no occupation April 29 at 12.15. Off Rec,
DEVONALD, GEORGE JAMES, and HERBERT EDWIN ERNEST CALL, Bristol, WareBUTCHER, JOSEPH EDWARD, Strood, Brickmaker. June 1. Eastwood & Co. V
housemen. May 4 at 12.46. Great Western Hotel, Paddington Butcher, Stirling, J. Woodgate, Rochester
GARRETT, CHARLES FREDERICK, Southsea, Surgeon. May 2 at 1. 166, Queen st, WALLER, JOHN, Newcastle upon Tyne. May 16. Surtees v Waller, Kay, J.
Portsea Robson, Newcastle upon Tyne
GREGORY, CHARLES FREDERICK, High st, Barnet, Baker. May 8 at 11. 16 Room,
30 and 31. St Swithin's lave HEMPLEMAN, HENRY HERMAN, Lauristow rd, South Hackney, Clerk. April 29
at 2.30. Bankruptcy bdgs, Portugal st, Lincoln's inn fields
HOLDEN, JSAAC, Chiddingfold, Surrey, Farm Bailiff. May 2 at 1. Boro' and
County Hall, Guildford
HORTON, ARTHUR, Sutherland ados, Harrow rd, Window Glass Merchant.
April 29 at 12. Bankruptcy bdgs, Portugal st, Lincoln's inn fields RECEIVING ORDERS.
HUGHES, PHILIP, West Bromwich, Builder. May 2 at 10.30. County Court, AUSTIN, THOMAS, Birmingham, Tailor. Birmingham. Pet April 19. Ord April 19 HUMBERT, PIERRE, Coventry st, Leicester sq, Mining Engineer. April 29 at 11. BAMLETT. THOMAS. Haverton Hill, Durbam, Farmer. Stockton on Tees and
3, Carey st, Lincoln's inn Middlesborough. Pet April 1. Ord April 16
ILLINGWORTH, JOSHUA MAUDE, York, Clerk. April 30 at 3. Off Rec, 17, Blake st, BARFOOT, ENOS, Tunbridge Wells, Grocer. Tunbridge Wells. Pet April 18. Ord April 18
JOHNSTON, WILLIAM, Appleby, Westmorland, Surveyor. April 30 at 11. 87,
JONES, ROBERT, Llangollen, Innkeeper. May 6 at 2.30. Off Rec, Chester DAVIES, DANIEL, Talley, Carmarthenshire, Diaper. Carmarthen. Pet April 20.
JONES, WALTER MEREDITH, Tredegar, Mon., Grocer. April 29 at 3. Off Rec, Oid April 20
LAMB, SAMUEL, Heckington, Lincolnshire, Miller. May 6 at 12. Off Rec, 48, DAVIES, HENRY HARRIS, Llangoed Vicarage, Anglesey, Clerk in Holy Orders. Bangor. Pet April 19. Ord April 19
MARSTON, HENRY WALLIS, Kingston upon Hull, Broker. May 3 at 11. Off DRESEL, SIEGFRIED, Canton, Cardiff, out of business. Cardiff. Pet April 18.
Ord April 18
NICHOLS, THOMAS, Leicester, Plasterer. Apru 29 at 12. 28, Friar lane Leicester Pet Apr 20. Ord Apr 20
PALMER, GEORGE RUSSELL, Southsea, Grocer. May 2 at 8. 166, Queen Bt.
EAYRI, WARTOS oren, Nottingham, Boot Dealer. Nottingham. Pet PARRIOTORNE FITH, Llanbeblis, Carnarvonshire, Farmer. May 3 at 2. Royal