Page images
PDF
EPUB

Frederick Augustus (now Lord Chelmsford), C.B., Lieut.General Commanding Division, and Lieutenant-Governor at the Cape of Good Hope; Colonel Hon. Charles W. Thesiger, late 6th Dragoons, inspecting officer of auxiliary corps; the Hon. Alfred Henry, one of the Lords Justices of the Court of Appeal, and the Hon. Edward Peirson. Oct. 5.

COWAN, Lord, lately a Lord of Session and of Justiciary, Scotland, aged 80. The deceased Judge (John Cowan) was born July 6, 1798, at Ayr; was educated at the Ayr Academy and the University of Edinburgh, and called to the Scottish Bar in 1822. He was appointed Sheriff of Kincardineshire in 1848, and held that office until 1851, when he became SolicitorGeneral for Scotland, and in the same year, on the death of Lord Dundrennan, was raised to the Bench under the title of Lord Cowan. Our esteemed contemporary the Scottish Law Magazine thus sums up his character: "One of the ablest feudal and commercial lawyers of his day, Lord Cowan added to an accurate and profound knowledge of law a conscientiousness and force of character which gave great weight and influence to his decisions from the Bench. As a criminal judge, though somewhat severe, Lord Cowan rarely made any mistake in estimating the guilt or innocence of a prisoner; it was indeed a hopeless task for a counsel to endeavour to divert his mind from the main point at issue. In his relations to the Bar, courteous to all, Lord Cowan may be said to have fairly won the hearts of his junior brethren. Doubtless remembering the time when, young and unknown, he had his own way to make, he was never without a word of sympathy and assistance for any young counsel pleading his first cause." Failing health, after twentythree years' service on the Bench, compelled him to retire from active life in 1874. Aug. 1.

CURE, Robert Capel, of Blake Hall, Essex, and of Lincoln's Inn, Esq., Barrister-at-Law, aged 55. M.A., Trin. Coll., Cam.; J.P. and D.L. for Essex. Called 1848. Sept. 28.

CUSACK, Finlay W., Esq., M.A., Barrister-at-Law (Irel.) Oct. 6.

DANGER, Thomas, Esq., Solicitor, Clerk of the Peace for Bristol, aged 66. Admitted 1836. Aug. 20.

DANIEL, Robert, Esq., LL.D., Barrister-at-Law (Irel.) Called 1860. Aug. 23.

DAVIES, Edward John Cox, Esq., Solicitor, Newport, aged 54. Admitted 1846. July 31.

DICKINSON, Sebastian Stewart, of Brown's Hill, Stroud, and of

the Inner Temple, Esq., Barrister-at-Law, aged 62. Educated at Eton. Called 1839, and practised for a time at Bombay. J.P. and D.L. for Gloucestershire, and Chairman of Quarter Sessions; M.P. (Liberal) for Stroud, 1868-1874; re-elected in 1874, but unseated on petition. Aug. 24.

DICKSON, Alexander, Esq., Barrister-at-Law (Irel.) July 19. DICKSON, James David, Esq., Advocate (Scot.) Called 1873. Sept.

DOLLING, Robert Holbeche, Kilrea, Co. Derry, and of Magheralin, Co. Down, Esq., Barrister-at-Law (Irel.), aged 68. B.A., Trin. Coll., Cam.; J.P. for Counties Down, Monaghan, and Londonderry, and D.L. for the latter County. Called 1834. Sept. 28.

EDISON, John Sibbald, of the Middle Temple, Esq., Barristerat-Law, aged 74. Called 1831. Author of "A Commentary on Lord Brougham's Character of George III.," "A Commentary on Lord Brougham's Character of Mr. Pitt," and "Observations on the Excellence of the Real Property Law." Sept. 9. EVANS, J. Rice, Esq., Solicitor, Aberayron, aged 24. Admitted 1878. Oct. 5.

GISBORNE, Francis, of Holme Hall, Derbyshire, and of the Middle Temple, Esq., Barrister-at-Law, J.P. for Co. Derby, aged 55. B.A. St. Peter's Coll., Camb. Called 1848. July 7.

GRANT, John, Esq., Solicitor (Scot.), aged 71. Admitted 1835. July 24.

HALL, John, Esq., Barrister-at-Law (Irel.), aged 64. Aug. 25. HARDING, John, Esq., Barrister-at-Law (Irel.) Aug. 11. HENRY, W. J., Esq., Solicitor (Irel.), Town Clerk of Dublin. Aug. 12.

Henry William, Esq., Solicitor, aged 82.

HEWLETT, Henry Admitted 1819.

HOTSON, Wales Christopher, of Lincoln's Inn, Esq., Barristerat-Law, M.A., Cambridge, aged 72. Called 1841. Oct. 19.

HUME, Matthew Norman MACDONALD-, Esq., W. S. (Scot.) Admitted 1815. Father of the present Solicitor-General for Scotland (Mr. J. Hay A. Macdonald). July 7.

KAY, Joseph, of the Inner Temple, Esq., Q.C., and a Bencher; Solicitor-General, County Palatine of Durham; and one of the Judges of H.M. Court of Record for the Hundred of Salford, aged 57. M.A., Trin. Coll., Camb. ; Author of "The Law relating to Shipmasters and Seamen " (1875). Oct. 9.

KEOGH, the Right Hon. William, LL.D., late Judge of the Court of Common Pleas, Ireland, and Bencher of the King's Inns, 1853, aged 60. Sept. 28.

LOVETT, Philip William, Esq., Solicitor, Guildford, aged 46. Admitted 1853. Aug. 28.

MCDONNELL, Thomas, Esq., B.A., Trin. Coll, Dublin, Q.C. (Irel.) The deceased gentleman, who was "Father of the Irish Bar," was called so long ago as 1816, and took silk in 1837. He was for many years Senior Crown Counsel for the County Down. Sept. 25.

MOORE, William Henry, Esq., Solicitor, Liverpool, aged 72. Admitted 1835. Sept. 25.

NETHERSOLE, Henry Wordsworth, Esq., Solicitor, aged 35. Sept. 24.

PIGOTT, William, Esq., Solicitor (Irel.) Admitted 1838. Sept. 24.

PLUMBE, Henry, Esq., Solicitor, Winchcombe, aged 48. Admitted 1852. Aug. 5.

PRANCE, Charles Henry, of Lincoln's Inn, Esq., Barristerat-Law, M.A., Ch. Ch., Oxon. Called 1862. Aug. 24.

PRENDERGAST, Harris, of Lincoln's Inn, Esq., Q.C., and a Bencher, B.A., LL.B., Trin. Coll., Camb.. Called 1829.

Sept. 30.

ROSE, Thomas Baily, of Gray's Inn, Esq., Barrister-at-Law, aged 72. Formerly Stipendiary Magistrate for the Staffordshire Potteries. Called 1827. July 26.

SAUL, Silas, Esq., formerly Solicitor, Carlisle, aged 75. July 14. SCHOMBERG, Joseph Trigge, of the Inner Temple and Lincoln's Inn, Esq., Q.C., aged 72. Through his mother Amelia, daughter of the late Rev. John Lawrence Brodrick, D.D., he was descended from Alan, first Viscount Midleton, Lord Chancellor of Ireland (1717). Educated at Winchester School. Called to the Bar by the Inner Temple, 1828; migrated in 1864 to Lincoln's Inn, of which he became a Bencher; Recorder of Aldborough, 1845; Q.C., 1866. In 1868 he unsuccessfully contested, as a Liberal, the northern division of Wilts. Author of "The Succinct Law of Tithes, with Commutation Act." July 28.

SMITH, William Wyke, Board of Works, aged 69.

Esq., Solicitor to the Metropolitan
Admitted 1831. July 23.

STONE, William, Esq., Solicitor, Tunbridge Wells, aged 70. Admitted 1832. Author of a "Practical Treatise on Benefit Building Societies and Tontine Companies" (1851). Sept. 27.

STURDY, Daniel, of the Middle Temple, Esq., Barrister-atLaw, aged 49. Called 1875. July 20.

THURLOW, Henry Frederick, of the Inner Temple, Esq., Barrister-at-Law, aged 35. M.A., Ball. Coll., Oxon. Called 1866. The deceased was a great-grand nephew of the celebrated Lord Chancellor Thurlow. Oct. 8.

TORR, John Smale, Esq., Solicitor, aged 59. Admitted 1840. July 23.

TUCKER, George Rodney, of the Middle Temple, Esq., Studentat-Law, B.A., Trin. Hall., Camb., aged 25. Aug. 25.

TUTHILL, Arthur Hendley, Esq., B.A., Trin. Coll., Dublin; Barrister-at-Law (Irel.), aged 27. Called 1875. Sept. 1.

WAGSTAFFE, Matthew Mawe, Esq., B.A. (Lond.), Solicitor, Wakefield, aged 36. Admitted 1865. July 21.

WHALLEY, George Hammond, of Plas Madoc, Merionethshire, and of Gray's Inn, Esq., Barrister-at-Law, M.P. for Peterborough, aged 65. Mr. Whalley, who was distinguished in Parliament by his unflinching assaults upon the Jesuits and latterly by his support of the Tichborne claimant, was a son of Mr. James Whalley, merchant and banker, of Gloucester. Educated at Univ. Coll., London; called to the Bar, 1839, and went the Oxford Circuit; for some years an Assistant Tithe Commissioner; M.P. (Liberal) for Peterborough from 1859 till his death; he was a J.P. for Denbighshire and Montgomeryshire, and D.L. for the former county. Oct. 7.

WHITE, Henry, Esq., Solicitor, Williton, Somerset, aged 72. Admitted 1827. Sept. 8.

WOODWARD, Charles, Esq., Solicitor (Irel.) Admitted 1835. Aug. 21.

[We regret that we are unable to fulfil our promise to present our readers with a Memoir of the late Mr. Russell Gurney. The Memoir was duly written by the eminent Queen's Counsel, to whom we referred in our August Number, and had even been set up in type. At the last moment, however, the late Recorder's widow intimated that "the publication of any notice whatever of her late husband would be very painful to her," and to this expression of her wishes we have felt bound to defer.-ED.]

Reviews of New Books.

The Law of Fraud, and the Procedure pertaining to the Redress thereof. By MELVILLE M. BIGELOW. Boston: Little, Brown, & Co. London: Sampson Low, Marston, Searle, & Rivington. 1877.

Mr. Melville Bigelow, whose work on "The Law of Estoppel" has gained for him a deservedly high position among Transatlantic legal writers, has produced a treatise on the Law of Fraud, which is at once original in its treatment of the subject, and lucid in its exposition, while bearing on its pages evidence of no little care and accuracy. Excluding from the scope of his work the Criminal Law of Fraud, the author has applied himself exclusively to expounding the Law relating to Fraud in its Civil aspects. Even here the field has been further narrowed by confining the Statutory Law concerning Fraud on Creditors and Purchasers to a bare reprint, at the end of the volume, of English, Federal, and State Legislation, with short references to the judicial construction placed upon the language employed. The book is therefore limited to an enunciation of the Common Law doctrine of Fraud in its civil aspects. Mr. Bigelow divides his work into two parts. Part I. treats of the Substantive Law of Fraud; (a.) Actual -under the headings of Deceit, Special Fraud in Pais, Frauds on the Administration of the Law, and Waiver and Confirmation; (b.) Presumptive or Constructive Fraud, comprising Confidential Relations and the like, and Notice. Part II. is devoted to the Adjective Law of Fraud, that is, Procedure and its Incidents. A careful Index adds to the utility of a book which well deserves to find a place in the library of the English, as well as of the American, lawyer.

A Concise Treatise on the Practice and Procedure in Chancery Actions. By SYDNEY PEEL, of the Middle Temple, Esq., Barrister-atLaw. Stevens & Sons. 1878.

Within the compass of a couple of hundred pages, Mr. Peel has provided a clearly-written and methodically-arranged statement of the various proceedings in the course of Chancery actions. The numerous decisions on points of practice since

« PreviousContinue »