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68 STOPFORD, JAMES, Manchester, Cigar Merchant. Nov 22 at 12. Off Rec, Ogden's S COULLAR, JAMES, and DAVID MARSHALL SCOULLAR, Liverpocl, Prov chbrs, Bridge st. Manchester
Merchants. Liverpool. Pet Oct 18. Ord Nov 10
Liverpool Pet Oct 11. STRANGE, JOHN, Southampton, Grocer. Nov 24 at 2. Off Rec, 4, East st, South SHERRATT. HENRY, Widnes, Lancashire, Tailor.
Ord Nov 9 ampton
Leicester. TREGALE, RICHARD PADDON, Torquay, Fancy Dealer. Nov 23 at 11. Bankruptcy SNEATH, MATTHIAS, Harringworth, Northamptonshire, Farmer.
Pet Oct 23. Ord Nov 8 blogs, Portugal st VARNEY, ALFRED, Ramsgate, Baker. Nov 19 at 9.30. 32, St George's st, Canter SPENCER, HENRY, Sheffield, Joiner. Sheffield. Pet Nov 2. Ord Nov 10 bury
STOPFORD, JAMES, Manchester, Cigar Merchant. Manchester, Pet Nov 8. WALKER, EDWARD, Middlesborough, Grocer. Nov 28 at 11. Off Rec, Middles
Ord Nov 8 borough
SUMMERS, WILLIAM, and EDWARD SUMMERS, Nottingham, Lace Manufacturers. WHITE, THOMAS, Henley on Thames, Fishmonger. Nov 22 at 3. Off Rec, 109,
Nottingham. Pet Oct 13. Ord Nov 9 Victoria st, Westminster
TAYLOR, ROBERT FREDERICK STOPFORD, Leicester, Surgeon. Leicester. Pet WILLIAMS, WILLIAM GEORGE, Haverfordwest, Grocer. Nov 19 at 12. Temper
Oct 21. Ord Nov 8 ance hall, Pembroke Dock
TAYLOR, STEPHEN HENRY, Pembroke Dock, Butcher. Pembroke Dock, Pet WILSON. JOHN, Calverley, Yorks, Physician. Nov 22 at 12. Off Rec, 31, Manor
Oct 13. Ord Nov 9 row, Bradford
THEODORE, WILLIAM, Brynhyfryd, nr Swansea, Pioture Dealer. Swa-sea. Pet WRIGHT, JAMES, Hendon, Nurserymu. Nov 22 at 12. 28 and 29, St Swithin's
Sept 29. Ord Nov g lane
TUMMON, HENRY THOMAS, Crawshay rd, Ackerman rd, Brixton, out of business. WRIGHT, JAMES, Bicker, Lincolnshire, Farmer. Dec 2 at 12. Off Rec, 48, High
High Court. Pet Nov 8. Ord Nov 8 st Boston
WALKER, EDWARD. Middlesboro, Grocer. Stockton on Tees and Middlesboro. The following amended notice is substituted for that published in the
Pet Oct 19. Ord Nov 6
WALKER, JANE, residence unknown, Widow. High Court. Pet July 12. Ord TURNER, GEORGE, Old Radford, Nottingham, Carter. Nov 19 at 3.30. Off Rec,
Nov 10 1, High pavement, Nottingham ADJUDICATIONS.
WEBSTER, HENRY, Gt Yarmouth, Wheelwright. Gt Yarmouth. Pet Sept 9.
Ord Nov 10 ANDERSON, CHARLES FRANCIS, Boston, Lincolnshire, Feather Purifier. Boston. WEBSTER, SIMEON, Leeds, Commission Agent. Leeds. Pet Nov 8. Ord Nov 8
Pet Sept 23. Ord Nov 10 BIRD, JOHN, jun., Kingswinford, Staffordshire, Brickyard Manager. Stour WHITE, THOMAS, and LUKE WHITE, Rawmarsh, Yorks, Painters. Sheffield, Pet bridge. Pet Oct 25. Ord Nov 6
Nov 6. Ord Nov 6 BIRD, JOSEPH, Cheltenham, Tailor. Cheltenham. Pet Nov 6. Ord Nov 8 WILLIAMS, WILLIAM GEORGE, Bridge End sq, Haverfordwest, Grocer. Pem.
broke Dock. Pet Nov 6. Ord Nov 9 BLYTHE, CHARLES WEBSTER, Great Grimsby, Lincolnshire, Fish Curer. Great
WILSON, JOHN, Calverley, Yorks, Physician. Bradford. Pet Nov 9. Ord Nov 9 Grimsby. Nov 9. Ord Nov 10
NEWMAN, THOMAS, Chalford, Gloucestershire, Corn Dealer. Gloucester, Adjud
Oct 5. Annul Nov 9 BRADSHAW, RICHARD, Hogsthorpe, Lincolnshire, Farmer. Boston. Pet Sept 21.
London Gazette.-TUESDAY, Nov. 16. BROOK, JOSEPH, Huddersfield, Grocer. Huddersfield. Pet Oct 26. Ord Nov 10.
Ord Nov 11
BARKER, JOSEPH, Pannal, Yorks, Farmer. York. Pet Nov 10. Ord Nov 11 Ord Nov 10
BARNEY, JOIN, York, Commercial Traveller. York. Pet Nov 13. Ord Nov 13 BYFORD, JOHN, Mistley, Essex, Pork Butcher. Colchester. Pet Oct 18. Ord Nov 9
BARROWCLIFF, WILLIAM, Haxey, Lincolnshire, Farmer. Lincoln. Pet Nov 11.
Ord Nov 11 CLARE, JOHN, Sheffield, Musical Instrument Manufacturer. Sheffield. Pet Oct 27. Ord Nov 6
BOWLES, WILLIAM, Great Marlow, Fruiterer. Aylesbury. Pet Nov 10. Ord
BOWLEY, WILLIAM, Liverpool, Provision Dealer, Liverpool. Pet Nov 5. Ord
BRUNNER, LEOPOLD, Birmingham, Watchmaker. Birmingham. Pet Nov 12. COOKMAN, HENRY, Eastrington, Yorks, Farmer. Kingston upon Hull. Pet Oct
Ord Nov 12 7. Ord Oct 8
CELLEM, PHILIP SISSON, Milton st, Frilling Manufacturer. High Court. Pet COURT, FRANCIS, Wingham, Kent, Farmer. Canterbury. Pet Nov 4. Ord
Nov 11. Ord Nov 11 Nov 10
CHICK, CHARLES, and GEORGE THOMAS PAPE, Till grove, Melbourne grove, East CROOK, JAMES BATER, St Mary Church, Devon, Grocer. Exeter. Pet Nov 6
Dulwich, Builders. High Court. Pet Nov 12. Ord Nov 12 Ord Nov 6
CLARK, ALFRED, Bishop's Stortford, Hertfordshire, Corn Merchant Hertford, DAVIDSON, JOHN, Tynemouth, Northumberland, Plumber. Newcastle on Tyne. Pet Noy 10. Örd Nov 10
Cross, ELIZABETH, Rugeley, Staffordshire, Shoe Dealer. Stafford. Pet Nov 11. EDWARDS, EMMA, Colwyn Bay, Denbigh, Lodging house Keeper. Bangor, Pet
Ord Nov 11 Oct 8. Ord Nov 8
CUMMINGS, JOHN CHARLES, Mold Quay, Flintshire, Grocer. Chester. Pet Nov ELLIS, JOHN, Sheffield, Collector. Sheffield. Pet Nov 4. Ord Nov 6
12. Ord Nov 12
DAVIES, JOHN, Aberaman, Aberdare, Collier, Aberdare. Pet Nov 9. Ord GARROD, HENRY GOLDING, Gt Yarmouth, Gasfitter. Gt Yarmouth. Pet Nov 9. Nov 10. Ord Nov 9
DEALTRY, ROBERT, Lincoln, Innkeeper. Lincoln. Pet Nov 12. Ord Nov 12 GODFREY, FREDERICK CHARLES, Hampstead Norris, Berks, Grocer. Newbury. Donaldson, ERNEST SAMUEL, Norwood rd, Tulse hill, Estate Agent. High
Pet Oct 19. Ord Nov 6
Court. Pet Nov 13. Ord Nov 13 80. Ord Nov 9
DRIVER, WILLIAM, Manningham, Bradford, Commission Agent. Bradford. Pet
Nov 11. Ord Nov 11 HALL, JOHN, Cranfield, Bedford, Farmer. Bedford. Pet Nov 9. Ord Nov 10
DYMOND, LUKE TINK, and MATILDA ANN DYMOND, Newport, Mon. Tobacconists. HARRIS, ROBERT, Brampton, Huntingdon, Butcher. Peterborough. Pet Nov 2. Newport, Mon Pet Nov 12. Ord Nov 12 Ord Nov 6
EBERLE, JOHN JAMES, Thirsk, Yorks, Physician. Northallerton. Pet Nov 12. HARVEY, HARRIETT, Huntingdon, Confectioner. Peterborough. Pet Nov 2. Ord Nov 12 Ord Nov 6
EDWARDS, WILLIAM, Kidderminster, Miller. Kidderminster. Pet Nov 8. Ord HEAD. GEORGE, and GEORGE HEAD, jun, Worthing, Builders. Brighton. Pet Nov 8
Oct 20. Ord Nov 10
ELLIS, ROBERT, Manchester, Tailor. Manchester. Pet Nov 11. Ord Nov 11 Dudley. Pet Nov 4. Ord Nov 9
EVANS, RICHARD, Walsall, Builder. Walsall. Pet Nov 12. Ord Nov 12 HOBSON, James, jun, Baildon, Yorks, Carter. Bradford. Pet Nov 8. Ord Nov 8 GARROD, JOHN, East Molesey, Surrey, Gent. Kingston, Surrey. Pet Nov 10. HOYLE, JAMES, Accrington, Lancashire, Mill Furnisher. Blackburn. Pet Nov
Ord Nov 10 3. Ord Nov 8
GEORGE, WILLIAM, Llanychllwydog, Pembroke, Farmer. Pembroke Dock. HUNTER, ROBERT MARTIN, Clifton, Bristol, Plumber. Bristol. Pet Nov 8. Ord
Pet Nov 12. Ord Nov 12 Nov 10
JONES, WILLIAM, Castle Foregate, Shrewsbury, Timber llaulier. Shrewsbury. HUTCHBY, WILLIAM, Talbot ter, Whitehorse rd, Thornton Heath, Tea Dealer.
Pet Nov 12. Ord Nov 12 Croydon. Pet Sept 22. Ord Nov 5
KING, CHARLES JOSEPH, Red Lion sq, Hair Dressers' Sundryman. High Court. JAMES, THOMAS, Blaengarw, nr Bridgend, Draper. Cardiff. Pet Nov 4. Ord
Pet Nov 18. Ord Nov 13 Nov 9
KING, SARAH, Upper st, Islington, Livery Stable Keeper. High Court. Pet JOLLIFFE, CHARLES, Ryde, Isle of Wight, Builder. Newport and Ryde. Pet Nov
Oct 25. Ord Nov 13 2. Ord Nov 9
KINSEY, EDWARD, Cardiff, Grocer. Cardiff. Pet Nov 1. Ord Nov 12 JONES, CHARLES, Cardiff, Hairdresser. Cardiff. Pet Nov 10. Ord Nov 10 LAMPORT, CHARLES WILLIAM, Spalding, Clerk in Holy Orders. Peterborough. JONES, FREDERICK BROOKHOLDING, Bristol, Horse Repository Proprietor.
Pet Nov 13. Ord Nov 13 Bristol. Pet Nov 6. Ord Nov 8
LEEBETTER, JOHN HENRY, Nottingham, Potato Salesman. Nottingham. Pet KNIGHT, JOHN HARRIS, Whitstable, Builder. Canterbury. Pet Noy 10. Ord
Nov 11. Ord Nov 11 Nov 10
LIPMAN, MICHAEL, Newport, Mon, Outfitter. Newport, Mon. Pet Nov 11. Ord LLOYD, GEORGE, Dawley, Salop, Licensed Victualler. Madeley, Shropshire. Pet
Nov 11 Oct 29. Ord Nov 10
MARGETSON. JAMES FRANCIS, Halesworth, Suffolk, Chemist. Gt Yarmouth. Pet MAVIN, JAMES DAND, Gilesgate Moor, Durham, Tallow Chandler. Durham. Pet
Nov 13. Ord Nov 13
MATTHEWS, SAMUEL, Bristol, Private in Army. High Court. Pet Nov 12. Ord NEILL, EDMUND, Stanley bldngs, St Pancras rd, Gatekeeper. High Court. Pet MAYES, WILLIAM, Norwich, Licensed Victualler. Norwich. Pet Nov 10. Ord
Nov 8. Ord Nov 8
McMEEKIN, MALCOLM, Featherstone bldgs, Holborn, Printer. High Court. NOWELL, FRED, Dewsbury, Yorks, Grocer. Dewsbury. Pet Oct 25. Ord Nov 8
Pet Oct 23 Ord Nov 12 OGDEN. HETH, Castleford, Yorks, Brassfounder. Wakefield. Pet Nov 4. Ord
MORGAN, GEORGE, Hereford, Coach Builder. Hereford. Pet Nov 10. Ord
NOBLE, FREDERICK SAMUEL MARVIN, Walton on the Wolds, Leicester, Grazier. port, Mon. Pet Nov 6. Ord Nov 8
Leicester. Pet Nov 10. Ord Nov 10 PERRY, WILLIAM, Old Hill, Staffordshire, Chain Maker. Dudley. Pet Nov 6.
NUTTER, JOHN, Crouch, nr Sevenoaks, Licensed Victualler. Tunbridge Wells. Ord Novs
Pet Sept 29. Ord Nov 12 PROWTING. RICHARD, Birmingham, Hairdresser. Birmingham. Pet Oct 14.
OAKLEY, FRANK, Basingstoke, Clerk. Winchester. Pet Nov 11. Ord Nov 11 Ord Nov 4
PARR, CHARLES, Leadenball st, Solicitor. High Court. REED, RICHARD THEODORE, Swansea, no occupation. Swansea.
Pet Nov 13. Pet Oct 19.
Nov 13 Ord Nov 8
PERRY, JOHN WILLIAM, Hawkwell, Essex, Farm Bailiff. Chelmsford. Pet Nov ROBERTS, JOHN, Hope, Flintshire, Labourer. Wrexham. Pet Nov 9. Ord Nov 10
12. Ord Noy 12 ROCKE, HENRY SERLE, Green lanes, Stoke Newington, Agent to Corn Merchant.
POCOCK, GEORGE, Eastbourne, Butcher. Lewes and Eastbourne. Pet Nov 12. Ord High Court. Pet Nov 10. Ord Nov 10
Nov 12 ROWE, WILLIAM, Cardiff, Glass Dealer. Cardiff, Pet Nov 8. Ord Nov 9
SIMMONS, J. H., Brighton, Gardener. Brighton. Pet Oct 29. Ord Nov 12 SAMPSON, HENRY, Southport, Photographer, Liverpool. Pet Nov 9. Ord Novi
SKIDMORE, JOHN, sen, Sedgley, Staffordshire, Innkeeper. Dudley. Pet Nov 10
Ord Nov 11
SMITH, ARTHUR, Heybridge, Essex, Miller. Chelmsford. Pet Nov 12. Ord TUMMON, HENRY THOMAS, Crawshay rd, Brixton, Beer Retailer. Noy 25 at 12.
33, Carey st, Lincoln's inn
Jesson Sharp, Birmingham
JOHN FOWARD BRIERLEY, Manchester, Merchants. Manchester. Pet Nov
WATSON, ROBERT DURRANT, Rainham, Kent, Farmer. Nov 25 at 11.30. Off Rec,
High st, Rochester
Off Rec, Figtree lane, Sheffield
WILLIAMS, JOHN, Willenhall, Staffordshire, Grocer. Nov 25 at 11. Off Rec,
Westgate st, Ipswich
The following Amended Notice is substituted for that published in the
London Gazette of Nov 5.
GRAVETT, ESTHER, Burgess Hill, Sussex, Wine Merchant. Nov 25 at 11. Court
house, Church st, Brighton Ord Nov 11
The following amended notice is substituted for that published in the
London Gazette of Nov. 12.
Pet Nov 10. Ord Nov 11
BARKER, JOSEPH, Pannal, Yorks, Farmer. York. Pet Nov 10. Ord Nov 12 AKEHURST, LEGH, Basinghall st, Yorks, Flax Merchant. Nov 26 at 11. Off Rec, BAILLIE, JOHN B, Cleveland row, St James's, Gent. High Court. Pet Sept 16. 22, Park row, Leeds
Ord Nov 12
Oct 23. Ord Nov 11
BLAKE, John, and HENRY BLAKE, Alderney rd, Mile End, Carmen, High
Court. Pet Aug 6. Ord Nov 11 st, Ashford
BOLTON, JULIA, Streatham, Widow. Wandsworth. Pet Aug 6. Ord Nov 12 CLEAVER, CHARLES GEORGE, Tanner st, Bermondsey, Leather Merchant. Nov 25 BRUNNER, LEOPOLD, Birmingham, Watchmaker. Birmingham. Pet Nov 12. at 2.30. Bankruptcy bldgs, Portugal st, Lincoln's inn
Ord Nov 13
Ord Nov 10
DAVIES, JOHN, Aberdare, Collier. Aberdare. Pet Nov 9. Ord Nov 10 DOTTERILL, HENRY, Canterbury rd, Croydon, Builder. Nov 24 at 3. 109, Victoria DAVIES, THOMAS EDWARD, Pontycymmer, nr Bridgend, Draper. Cardiff. Pet st, Westminster
Oct 30. Ord Nov 13
Off Rec, 31, Manor row, Bradford
Ord Nov 12
EDWARDS, WILLIAM, Kidderminster, Miller. Kidderminster. Pet Nov 8. Ord
ELLIS, ROBERT, Hulme, Lancashire, Tailor. Manchester, Pet Nov 11, Ord
Ord Nov 10
FRICKER, FRANK EDWARD, Swansea, Clothier. Swansea. Pet Nov 9. Ord
GOREHAM, WILLIAM, Norwich, General shop Keeper. Norwich. Pet Nov 8.
HASTIE, JAMES, Russell rd, Kensington, Gent. High Court. Pet Sept 23. Ord
HOOD. WILLIAM NELSON, Cornhill, Insurance Broker. High Court. Pet May 25,
HUNT, WILLIAM, Weymouth, Grocer, Dorchester. Pet Oct 25. Ord Nov 13
JONES, WILLIAM, Shrewsbury, Timber Haulier. Shrewsbury. Pet Nov 12. Ord
NE WILLIAM WALL. Dorrington, Salop, Farmer. Shrewsbury. Pet Nov 6.
Ord Nov 12
LANDSEER, HELEN, Lanark villas, Paddington, Widow. High Court. Pet June
LAWSON, JOHN, Bowness on Solway, Cumberland, Farmer. Carlisle. Pet Oct 16.
LEEBETTER, JOHN HENRY, Nottingham, Potato Salesman. Nottingham. Pet
LEWIS, STEPHEN RICHARD, Begelley, Pembrokeshire. Pembroke Dock. Pet Nov
LEWIS, WILLIAM AUGUSTUS, Cardiff, Builder. Cardiff. Pet Oct 29. Ord Nov 8
12.45. Three Tuns Hotel, Durham MAYES, WILLIAM, Norwich, Licensed Victualler. Nov 26 at 11. Off Rec, 8, King LUNNON, DAVID, Abbotts Langley, Hertfordshire, Clerk. St Albans. Pet Oct MORLEY, WILLIAM AUGUSTUS, Stockwell crescent, Surrey, Tea Dealer. Nov 23 at
23. Ord Nov 12 12. Bankruptcy bldngs, Portugal st, Lincoln's inn
MAYES, WILLIAM, Norwich, Licensed Victualler, Norwich. Pet Nov 10. Ord MOULD, JOHN CLARKE, Newport, Isle of Wight, Solicitor. Nov 26 at 11. Cham: NEWROTH, CATHERINE, Markham sq, Cbelsea, Milliner. High Court. Pet Nov
9. Ord Nov 11
NOBLE, FREDERICK SAMUEL MARVIN, Walton on tbe Wolds, Leicestershire,
Nov 25 at 2. County OAKLEY, FRANK, Basingstoke, Commercial Clerk. Winchester. Pet Nov 11.
Ord Nov 11
ORBELL, JAMES, Southend, Coal Merchant. Chelmsford. Pet Aug 27.
Conrt. Pet Oct 13. Ord Nov 11
SEARLE, FREDERICK, Colchester, Fish Merchant. Colchester. Pet Nov 1. Ord
SEARS, GEORGE CHARLES, Datchet, Builder. Windsor. Pet Oct 29. Ord Nov 9
Ord Nov 8
Pet Oct 28. TRUBSAW, JOSIAH, Norton Canes, nr Cannock, Saddler. Nov 25 at 2. Of Rec, TEMPERTON, JOSEPH, Kingston upon Hull, Seed Crueher. Kingston upon Hull.
Pet Oct 25. Ord Nov 11
TILL, WILLIAM MACE, Romany rd, West Norwood, Horticultural Potter. High
Court. Pet Nov 11. Ord Nov 11
Pet Oct 30. Ord Nov 11
Nov 4. Ord Nov 13
Ord Nov 11
don. Pet Oct 25. Ord Novs
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65 OF SALE 56 LEGAL NEWS
65 CONCERNING SEARCHES 57 COURT PAPERS..
58 WINDING-UP NOTICES ........ 66 CORRESPONDENCE 59 CREDITORS' NOTICES.
66 NEW ORDERS 59 BANKRUPTCY NOTICES
67 LAW SOCIETIES ...............
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CASES REPORTED THIS WEEK.
hitherto allowed to newspapers of publishing matters of pubIn the Solicitors' Journal. Strangways, Re, Hickley v. Strang
lic interest extracted from Parliamentary papere or the official ways
Gazette. Allen, Re
78 Baileyv. The Sunderland Equitable Building Suciety.
In the Weekly Reporter. Bakewell v. Cornish.
Barber, In the Goods of Bannatyne v. The Direct Spanish Goldstrom v. Tallerman
IT WILL HAVE BEEN observed that Mr. ADAMS's cross-examination Telegraph Co. .....
77 James & Sons' Trade-Mark, In re, Callow v. Young. 77 James & Sons v. Parry & Co.
of Lord COLERIDGE was twice interrupted by Mr. Justice DENMAN, Coleman v. Llewellyn
75 Jones, In re, Greene v. Gordon.... 75 and that on the latter occasion the learned judge intimated that Fowler, Re
Midland Railway Co. v. Miles ..... Easton y. The London Joint Stock Mills' Estate, In re
56 the cross-examination amounted to persecution, and that the jury Bank....
Pandorf & Co. v. Hamilton, Fraser, appear to have agreed with him. The power of the judge at a Kearsley, Ex parte, Re Genese 78 & Co,... Official Receiver (as Trustee of Izon, Staines, In re, Staines v. Staines ..
78 trial to interfere with a cross-examination when improperly A Bankrupt) v. Tailly.
75 Wadsworth, In
conducted is derived from R. S. C., 1883, XXXVI., 38, which Petty v. Daniel 77 Sugden
75 Stokes v. Stokes.. 77
provides that "the judge may in all cases disallow any questions put in cross-examination of any party or other witness which may appear to him to be vexatious, and not relevant to any matter
This was a newly-introduced provision amougst the consolidating Rules of LONDON, NOVEMBER 27, 1886.
1883, and it gave rise to much controversy upon its first appearing,
some going so far as to maintain that the Rule Committee of CURRENT TOPICS.
Judges had no power to make it, nor do we know that the power only, which was interrupted by the retirement of Vice-Chancellor be, there can be no doubt of the propriety of its exercise by Mr.
THE TRANSFER of actions for the purpose of trial or hearing given to the judge by the rule had been erer exercised before it Bacon, has now been made under the changed circumstances. remores 30 actions from the list of Mr. Justice Chitty, 30 from Justice Denman, for a cross-examination more irrelevant than that that of Mr. Justice North, and 40 from that of Mr. Justice by Mr. Adams has seldom occurred in a court of justice. Nor STIRLING, making 100 actions altogether, to Mr. Justice KEKEWICH.
can we agree with the learned judge that plaintiffs in person are entitled to any greater latitude in cross-examination than plaintiffs represented by counsel.
The Solicitors' Journal and Reporter. proper to be inquired into in the cause of matter." This was a
LAST WEEK, in a case before Mr. Justice NORTH, come lengthy correspondence was put in evidence, and in the copies furnished to WE REPORT elsewhere a case of Re Allen, which decides a new the judge two or more letters were given on the same sheet of point under the Remuneration Order. When may a lessor's paper. The learned judge desired it to be known that it was very solicitor elect, under clause 6 of the order, that his remuneration inconvenient to bave copies of different letters on the same sheet of shall be “ according to the present system as altered by schedule paper : the better course was to have, in the copies furnished to II. ?” According to the clause, the election must be made the judge, every letter copied as a separate document. This, we “ before undertaking any business"; and it is clear that under believe, has been the ordinary course, and we may add that it is these words the election cannot be made after the draft lease has very desirable that the copies furnished to the judge and counsel been prepared and submitted. But, supposing the lessor's solicitor should exactly correspond in paging.
enters into correspondence with the lessee's solicitor with reference to matters preliminary to the granting of the lease—for instance, in the case of a renewed lease, as to the lessee's title to claim
renewal-can the lessor's solicitor be said to have already ON TUESDAY LAST Lord Justice COTTON stated that in future the
undertaken the business,” so as to be debarred from electing ? costs of an appeal will include the costs of shorthand notes of the In the recent case the taxing master thought that the lessor's judgment of the court below, without the necessity of any special solicitor was not debarred by the preliminary correspondence from application for the purpose. If the unsuccessful party on the electing. But it is obvious that this official, in deciding thus overappeal desired for any reason that these costs should be disallowed, looked the shocking consequences that might follow from adopting he must apply to the court. The practice hitherto has been for this construction. Mr. Justice Kay did not overlook them. He the successful party on an appeal to ask for these costs, and, we pointed out that, "if a solicitor were to be at liberty to carry on any believe, they have been unifornily allowed, at any rate where the business until he could see whether it was to his benefit to charge notes bave been actually used on the appeal (Collyer v. Isaacs, 30 according to scale or according to the previously existing system, W. R. 70, 19 Ch. D. 342). In future the onus will be on the the client would be at a disadvantage, as the scale charge would be unsuccessful party to shew that they ought to be disallowed; and adopted only in cases where it was larger than that under the We presume that one ground which will be open to him will previously existing system. This result could not have been inbe that a report of the judgment below appeared sometime tended.” And the general rule he laid down was that, " after a solicibefore the hearing of the appeal, and has been used on the appeal tor had accepted any employment, and had done anything therein for (see London and South-Western Railway Co. v. Gomm, 20 Ch. D. which he could make a charge supposing the scale did not apply, 589).
it was too late for him to elect to charge according to the system existing before the General Order came into operation.” We do
not know enough of the circumstances of the particular case to THE QUESTION has been often asked this week, What can be be able to affirm that Mr. Justice Kay's decision was wrong: There the meaning of the announcement, which appeared in Tuesday's is support for his construction of the word " business” in the cases London Gazette, that "anyone reprinting without due authority of Re Field (33 W. R. 504, 533, 29 Ch. D. 608) and Re Emmanuel matter which has appeared in any Government publication and Simmonds (34 W. R. 613, 33 Ch. D. 40). But one would suprenders himself liable to the same penalties as those which he pose that it ought always to be a question of fact in each case might, under like circumstances, hare incurred had the copy- whether the solicitor has really undertaken the business, and we right been in private honds”! Has someone been reprinting a emphatically protest against the general rule Mr. Justice Kay cheap and popular edition of a fascinating Blue-Book? Or has thought proper to lay down. Let us test the effect of it in pracsome wicked and unconscientious person pirated the Anthrax tice. The client, to whom notice is to be “communicated” in frder or the Rabies Order which recently adorned the columns of writing, is, of course, the lessor. Suppose (as constantly occurs) the Gazette ? Is the notice intended to apply to the Gazette, the owner of a house calls on his solicitor to say that he has which, being : published by authority," is presumably a " Govern- had a proposal for a lease of the house; he is not disposed to ment publication”?. The explanation, we have reason to believe, accept that proposal, but the result of the interview is the sugpiracy of works published by the Government, but it is not the willing to grant a lease. It is, of course, uncertain whether the other intention of the Stationery ofice to interfere with the privilege side will agree to the terms, or whether the lessor's solicitor will
have anything further to do in the matter, yet, as he has accepted employment and done work for the lessor " for which he could AN EXTRAORDINARY APPLICATION OF THE
DOCTRINE OF CONCEALMENT. make a charge supposing the scale did not apply" (namely, the interview), he is debarred from afterwards electing when it turns The case of Blackburn v. Vigors (17 Q. B. D. 553) raised a very out that a lease is to be prepared. His only mode of electing is, interesting and important point of marine insurance law. As our as soon as his client mentions anything about the lease, to say, “ My readers are, of course, aware, concealment of a material fact known dear sir, pray stop; there is a little preliminary matter; excuse to the assured vitiates a policy of marine insurance ; and it seems me a noment while I write out a contingent election under the likewise clear that concealment by an agent who effects the policy Solicitors' Remuneration Act.” If he waits until the client has has the same effect; but the case which we refer carries the explained and discussed the terms, he will have " undertaken the doctrine of concealment to a much greater length. business," and will be " carrying on the business until he can see The facts were these : the plaintiff, who himself was perfectly whether it is to his benefit to charge according to scale or accord- innocent of any concealment, employed an insurance broker to ing to the previously existing system”-a very heinous offence effect a policy of re-insurance on a certain ship which was overindeed, which could not possibly have been intended by a rule due. Whilst the broker was acting on behalf of the plaintiff he which expressly gives him the right to elect between those two received information of a material fact tending to shew that the systems. The meaning of the framers of the rule was, of course, ship was lost. The broker did not communicate this information that the election must be made by the solicitor absolutely blindfold! to the plaintiff, but did not obtain an insurance for him. After
wards the plaintiff, through another broker (the first broker's
authority having been terminated) effected a policy of insurance, HERE IS A SUGGESTION for some enterprising law stationer- lost or not lost, which was underwritten by the defendant. The Why cannot a special paper be manufactured for drafts intended to ship had, in fact, been lost some time before the plaintiff tried to be kept as completed drafts, and for copies of probates and other insure, but neither the plaintiff nor the broker who effected the documents likely to require frequent reference ?" We have repeat- insurance knew of, or concealed from the defendant, any fact tendedly had occasion to remark the torn and ragged condition into ing to shew that the ship had been lost. It was held in the Court which these documents come in the lapse of years, due to of Appeal, by Lindley and Lopes, L.JJ., Lord Esher, M.R., diswant of toughness in the paper. The paper used is too often thick senting, that the plaintiff could not recover on the policy. We without being tough, the result of which is that a great deal of hope this case will go to the House of Lords, because it is not room is required for the drafts and copies which accumulate in a satisfactory that there should be a division of opinion on a point solicitor's office. The paper we want should be thin, but perfectly of so much importance. A great part of the judgments is taken opaque, and as untearable as possible. There are large-sized up with the discussion of previous decisions, but we hardly think envelopes supplied by some law stationers which meet the require that they are so conclusive either way that the question could be ments as to thinness and toughness, but they are too transparent.
considered as concluded authority in the Court of Appeal, and The paper should, we think, be white or cream coloured, and still less in the House of Lords ; and therefore the case may be should have a smooth surface, as far as possible resembling parch- regarded, as it seems to us, as one which must ultimately turn on ment, so as to repel dust and smearing by fingers. There should general principles. also be provided an extra-thick quality to serve as the outer sheet,
We think that the substance of the opposing views may be put and on one side of this there should be a red line about an inch from very shortly as follows: one view is that the assured can only be the edge, which would provide a space at the top of the back, affected by the non-communication to the underwriter, by himself when folded, within which there could be written a short descrip- or his agent employed to effect the insurance in question, of a tion of the nature of the instrument, so as to facilitate search material fact known to himself or such agent. In the case in quesamong a bundle of papers.
tion it will be observed that there could not possibly have been a communication of the material fact in respect of the insurance sued upon, because the fact was known neither to the principal
nor to the agent who effected the insurance. The opposite view THERE HAS BEEN some misapprehension, owing to similarity of appears to be this: that the assured is to be treated as if he knew name, as to two of the gentlemen recently appointed Queen's every fact that ought to have been communicated to him in the Counsel. We were careful to explain last week that Mr. course of business by a servant or agent employed by him, and KENNETH AUGUSTUS Muir MACKENZIE was the Permanent Secre- that, it having been the duty of the first agent employed by the tary in the Lord Chancellor's Department; and that Mr. EDWARD plaintiff to communicate the material fact to him, he could not be TINDAL ATKINSON was of the North-Eastern Circuit ; but it may be in a better position by reason of the breach of such duty on the desirable to state that neither Mr. MontaguE MUIR MACKENZIE of part of the person employed by him than he would have been in the South-Eastern Circuit nor Mr. HENRY TINDAL ATKINSON of if it had been fulfilled. the same circuit has taken silk.
This appears to us, to use a somewhat colloquial expression, rather a strong order. The rule that affects a man with the unauthorized acts or fraud of his agent who effects the contract in
such a case bears somewhat hardly on the principal; but it seems, *** The series of articles “On the form of Mortgage Bills of on the whole, just, as springing out of the principles that, of two Sale” is necessarily suspended until the Court of Appeal has given innocent persons, the one who has employed the knave must its decision on an important case relating to bills of sale, in which suffer, and that you cannot approbate and reprobate—i.e., claim to judgment has now been reserved for some time.
take advantage of your agent's action without also being affected The Inland Revenue has issued a circular letter to commissioners of in
by it as if it was your own; otherwise the employer of an come tax and surveyors of taxes, stating that the Board of Inland unscrupulous agent would have a great advantage. But in the Revenue have received authority from the Lords Commissioners of the present case, it will be observed, there is no question of any breach treasury to make allowances for the current financial year in respect to of duty or fraud by the agent effecting the contract, both he and porary abatements have been made from existing rents on account of the There was no real breach of any duty towards the underwriter by the
the principal being quite innocent of any concealment in fact. agricultural depression, on the understanding that nothing but the actual agent who actually effected the policy, or by the principal. The mission. The tenant may be relieved from payment of tax on the amount argument is that the first agent ought to have told the plaintiff remitted both under Schedules A and B on producing to the surveyor a of the material fact so that he might try to insure on that basis, certificate from his landlord or the landlord's agent of the amount given and that the plaintiff is to be affected by the information that he back. For any relief beyond that on the rent remitted the tenant, must ought to have had made known to him as if he, in fact, had such A instead of by deduction be may secure a corresponding reduction to information. It is to be observed that the word ought," as used that granted to the tenant.
here, clearly cannot mean that there was any default on the On Thursday, at the Central Criminal Court, George Bernard Harvey plaintiff's part in not obtaining the information, the only default Drew, solicitor, pleaded guilty to embezzling large sums of money (ante, alleged being that of the first agent in not communicating it to p. 66). He was sentenced to ten years' penal servitude.
him. Morcover, we do not feel quite sure that in any legal sense
the assessments under Schedule A of the income-tax in cases where tem