« PreviousContinue »
at freeman, Maldon Food, Erith, Kent, Michael and
Vane, Esther, Evelyn st, Deptford, Provision Dealer. Mar 15 at 2 at 1 TIMSON'S LIST of PROPERTIES for SALE
offices of Lockyer, Gresham buildings, Basingball st Ward, Thomas Peto, Church st, Lower Edmonton, Builder. Mar 15 at
D for MARCH contains 1,000 investments, and can be had free.
Particolars inserted without charge. It is the recognized medium for 2 at offices of Linklater and Company, Walbrook Ward, William Henry, Melcombe Regió, Dorset, Farmer. Mar 15 at 11
selling or purchasing property by private contract. --Mr. STIMSOX, Auc-
tioneer, Surveyor, and Valuer, ;, New Kent-road, S.E. at offices of Howard, East st, Melcombe Regis Wendt, Frederick August, Broadway, Ludgate bill, 1 ailor. Mar 15 at 3 at offices of Cotton, Saint Martin's-le-Grand
LAW.-MANAGING CONVEYANCING CLERK, Weston, John Henry, Margravino rd. Fulbam, Builder. Mar 24 at U SHIP required by Gentleman of lengthened practical experience.
3 at the Mason's Hall Tavern, Masonjs avenue, Basingball st. |--W., 2, Alice-villas, White Hart-lane, Wood Greon.
Romney, Walbrook Wherrett, Thomas, Dursley, Gloucester, Miller. Mar 12 at 12 at offices of Vizard, Wenden, and Macdonald, Dursley
[ AW.-Advertiser is open to an Engagement as White, Theodore Turpin, Windmill rd, Breprford, Coal Merchant. U Managing Chancery or General Managing Clerk, his object beirg Mar 11 at 12 at offices of Lay, Townbali, Brentford
to obtain bis Articles for 3 years. Age 30. Fifteen years' experience in Whittles, George, Sheffield, Joiner. Mar 15 at 11 at offices of Porrett, offices of leading Irms. Salary moderate.-By letter, to X. Y. Z., Mr. Bank st, Sheffield
Amer, Law Stationer, Lincoln's-inn-gateway, W.C. Williams, Benjamin, Llandewy Ystradendy, Radnor, Blacksmith. Mar 18 at 12 at offices of Stephens, Presteign
MANAGING CLERK (admitted) WANTED.Wisbey, Job Thomas, Tolleshunt D'Arcy, Essex. Innkeeper. Mar 15 at 12 at the Queen's Head Inn, Tolleshunt D'Arcy, Essex. Crick
V Must be a skilled advocate and conveyancer, and able to con
duct actions in superior courts. A knowledge of Welsh useful. A Word, Frederic, Abbey Wood, Erith. Kent, Schoolmaster. Mar 18 at
liberal salary will be given to a competent man.-Applications, with 3.30 at the Belvedere Hotel, Belvedere. Michael and Co, Old Jewry
photograph enclosed, to be sent to Mr. WALTER !. MORGAN, Solicitor, Wood, Robert, Charles William Wood, and Frederick Wood, Batley,
Pontypridd (marked Private).
MR. INDERMAUR (Clifford's Inn Prizeman, Worman, John, Easton, Lincoln, Farmer. Mar 17 at 1 at the George
L Editor of the Law Student's Journal, and Author of Various Hotel, Grantham
Works for Law Students receives pupils for all legal Examinations, or reading both in class and privately, and also prepares students
through the post. The number in each class is limited to 12. At the SCHWEITZER'S COCOATINA. Final (Solicitors) lately, for five terms in succession, pupils have taken Anti-Dyspeptic Cocoa or Chocolate Powder.
Honours. During that time 68 sent up, of whom 61 passed, 10 of these
taking Honours.-For terms and further particulars apply, personally Guaranteed Pure Soluble Cocos of the Finest Quality, with the
or by letter, to Mr. INDERMAUR, 22, Chancery-lane, London, excess of fat extracted.
The Faculty pronounce it "the most nutritious, perfectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for
M R. T. BATEMAN NAPIER, late 1st Prizeman, Invalids and Children."
11 Winner of the Law Society's only (the Scott) Scholarship for the Highly commended by the entire Medical Press.
year 1876, and Conveyancing Gold Meda llist, prepares for the Prelim Being without sugar, spice, or other admixture, it suits all palates,
inary, Intermediate, and Final. Classes for the Trinity Final commence keeps better in all climates, and is four times the strength of cocoas
on Tuesday, the 16th of Marcb. During the past year 28 of Mr. Napier's THICKESED yet WEAKENED with starch, &c., and IN REALITY CHEAPER
pupils passed out of 32 sent up. Students prepared through the than such Mixtures.
post.—1, Mitre-court-buildings, King's Bench-walk, Temple. Made instantaneously with boiling water, a teaspoonful to a Break. fast Cup, costing less than a balfpenny.
mo PARENTS and GUARDIANS.-An excellent CocoaTINA A LA VANILLE is the most delicate, digestible, cheapest
1 opportunity is offered to Article a Youth, age about 17, to an Vanilla Chocolate, and may be taken when richer chocolate is pro
Land and Estate Agent.-Apply, by letter, to W., care of hibited.
Room, Peirce, & Co., 15, York-buildings, Adelphi, London, W.C. In tin packets at 18, 60., 38., 58. 6d., &c., by Chemists and Grocere. Charities on Special Terms by the Sole Proprietors,
PURNISHED OFFICE to be LET, suitable for a H. SCHWEITZER & CO., 10, Adam-street, London, W.C.
T Solicitor. Rent Low,--Apply, by letter, to B., caro of A. Craig
Esq., 1, Quality-court, Chancery-lane, w.c. PAINLESS DENTISTRY.
CHAMBERS to LET.-Second Floor, 3, Lancaster
place, Strand. Bed, sitting, and dressing rooms, with w.c. er MR. G. H. JONES,
suite. Several excellent fittings if required by tenant.--Apply to Mr. SERGEON DENTIST,
GE. CLARIDGE, 23, Harp-lane, City. 57, GREAT RUSSELL-STREET, BLOUMSBURY
THE INDIAN GLENROCK GOLD MINING (Immediately opposite the British Museum),
COMPANY (LIMITED. NOTICE IS HEREBY GIVEN Will be glad to forward his new Pamphlet gratis and post-free, which that, in consequence of the large number of Applications for Shares in explains the only perfectly painless systern of adapting ARTIFICIAL tbis Company, the Directors will be unable to proceed to allotment TEETH (protected by Her Majesty's Royal Letters Patent), which before Monday next, the 8th instant. The Letters of Allotment and have obtained five Prize Medals, London 1862, Paris regret will be posted as soon as possible after the allotment is complete. 1867, Philadelphia 1876, Vienna 1873, and New York
J. A. MAYS, Secretary. 1853.-Consultation daily free.
32, Queen Victoria-street, London, E.C., March 1, 1880.
EDE AND SON
DEVERSIONARY and LIFE INTERESTS in
I Landed or Funded Property or other Securities and ANNUITIES R O B E
purchased, or Loans thereon granted, by the
EQUITABLE REVERSIONARY INTEREST SOCIETY BY SPECIAL APPOINTMENT,
10, LANCASTER PLACE, WATERLOO BRIDGE, STRAND. To Her Majesty, the Lord Chancellor, the Whole of the Judicial Bench
Established 1835. Paid-up Capital, £180,000.
If required, Interest on Loans may be capitalized.
F. S. CLAYTON, 1 Joint
C. H. CLAYTON, Secretaries. BARRISTERS' AND QUEEN'S COUNSEL'S DITTO,
ESTABLISHED 1851, CORPORATION ROBES UNIVERSITYŁ CLERGY GOWNS, &C
D I R K B E C K B A N K.ESTABLISHED 1689.
Current Accounts opened according to the usual practice of other
Bapkers, and Interest allowed on the minimum monthly balances. No 94. CHANCERY LANE, LONDON.
commission charged for keeping Accounts. The Bank also receives money on Deposit at Three and a half per cent. Interest, repayable on
demand. The Bank undertakes for its Customers, free of charge, the THE MONETARY ADVANCE COMPANY
custody of Deeds, Writings, and other Securities and Valcables; the col- (LIMITED) advances £30 to £1,000 at a day's notice upon lection of Bills of Exchange, Dividends, and Coupons; and the purchase MORTGAGE of Furniture and other property without removal, and sale of Stocks and Shares. Letters of Credit and Circular Notes sareties, or preliminary fees. London and suburbs only.-T. INGLIS, issued for all parts of Europe and elsewhere. A Pamphlet, with full par- . Manager, 34, Southampton-buildings, Chancery-lane.
riculars, on application.
FRANCIS RAVENSCROFT, Manager, M ONEY. A Gentleman, totally unconnected with Southampton-buildings, Chancery-lane.
W lean offices or companies, is prepared to make immediate ADVANCES, from £20 upwards, to respectable householders on MESSRS. DEBENHAM, TEWSON & FARMER'S recurity of their furniture without removal. Repayable by easy in
LIST of ESTATES and HOUSES to be SOLD or LET, inclnding stalments and at a much less rate of interest than charged by loan
Landed Estates, Town and Country Residences, Hunting and Shooting offices or companies.--Apply to Mr. BORRAS, 9, Walbrook, City, E.C.
Quarters, Farms, Ground Rents, Rent Charges, House Property and
Investments gonerally, is published on the first day of each month, VODEL SETS OF OFFICES (eight or sixteen)
and may be obtained, free of charge, at their omces, 80, Cheapside, E C. W1 rooms).-Two self-contained sets of premises, 14 and 15, Union or will be sent by post in return for two stamps,-Particulars for insercourt, Old Broad-street, to be LET. Strong-room and all conveniences. tion should be received not later than four days previous to the end Messrs. DEBENHAM, Txwgon, & FARMER, 80, Cheapside, E.C.
o the preceding mouth.
UNIVERSITY NOTICE is HEREBY GIVEN, that on WEDNESDAY, 28th of April next, the Senate will proceed to elect Examiners in the
following departments :Examinerships.
(Each). Two in Classics
Prof. Paley, M.A. £200
James S. Reid, Esq., LL.M., M.A. Two in the English Language, Literature, and History.
Prof. Henry Morley. £120
Vacant. Two in the French Language and Literature .....
Prof. Cassal, LL.D.
Vacant. Two in the German Language and Literature
Prof. Schaible, Ph.D., M.D. £50
Vacant. Two in the Hebrew Texthe the. Ole Testament, the Greek Texte of the New Testament,} £50
R. Lubbock Bensly, Esq., M.A. the the Religion, and Scripture
Rev. W. F. Moulton, D.D., M.A. Two in Mental and Moral Science
Prof. Jevons, LL.D., M.A., F.R.S. £80
James Sully, Esq., M.A. Two in Political Economy
Herbert S. Foxwell, Esq., H.A. £30
Prof. J. E. Thorold Rogers, M.A. Two in Mathematics and Natural Philosophy
J. Hopkinson, Esq., D.Sc., N.A., F.R.S.
Vacant. Two in Experimental Philosophy
Prof. W. G. Adams, M.A., F.R.S. £120
William Garnett, Esq., M.A. Two in Chemistry
Prof. Debus, Ph.D., F.R.S. £200
Prof. Dewar, M.A., F.R.8. Two in Botany and Vegetable Physiology
W. T. Thiselton Dyer, Esq., M.A., B.Sc. £75
Vacant. Two in Comparative Anatomy and Zoology
Prof. E. Ray Lankester, M.A., F.R.S.
Prof. A. Milnes Marshall, D.Sc., M.A. Two in Geology and Palæontology
R. Davies Roberts, Esq., D.Sc., M.A. £75
(Vacant, Laws. Two in Jurisprudence, Roman Law, Principles of Legislation, and International Law....
SProf. W. A. Hunter, M.A, £100
Vacant. Two in Equity and Real Property Law...........
W. H. G. Bagstawe, Esq., B.A., Q C. £50
(J. M. Solomon, Esq., M.A. Two in Common Law and Law and Principles of Evidence
s Arthur Charles, Esq., B.A., Q.C. £50
Alfred Wills, Esq., LL.B., Q.C.
Rev. H. B. George, M.A. Two in Constitutional History of England..........
Prof. Edmund Robertson, M.A.
W. H. Dickinson, Esq., M.D.
C. Hilton Fagge, Esq., M.D. Two in Surgery
J. Cooper Forster, Esq., M.B. $150
Vacant. Two in Anatomy
Prof. Curnow, M.D. £100
Prof. Redlern, M.D. Two in Physiology .....
P. H. Pye-Smith, E-9 , M.D.. B.A. £100
Prof. Burdon Sanderson, M.D., F.R.S. Two in Obstetric Medicine
S Henry Jervis, Esq., M.D. £75
Vacant. Two in Materia Medica and Pharmaceutical Chemistry
Prof. E. B. Baxter, M.D. £75
Vacant. Two in Forensic Medicine
Prof. Ferrier, M.D., M.A., F.R.S.
Thomas Stevenson, Esq., M.D.
of their qualifications they may think desirable, on or before Tuesday, March 30th. It is particularly desired by the Senate that no personal application of any kind be made to its individual Members,
By order of the Senate, University of London, Burlington-gardens, W., March 2nd, 1880.
ARTHUR MILMAN, M.A., Registrar.
AN IMPORTANT CONVENIENCE TO LAW WRITERS AND RESTAURANT PARISIEN SOLICITORS.
(LATE MADME. JANET), STEPHENS SCARLET INK FOR STEEL PENS. 10, CASTLE-STREET, HOLBORN This new Ink supplies the demand continualiy made but never
(OPPOEITE THE PRUDENTIAL INSURANCE COMPANY). before met, for a Red Ink which is uainjured' by Steel or other
First-class Luncheon Bar for gentlemen in the neighbourhood. Public Metallic Pens. Steel Pens left in this ink for months do not impair
and Private Dining Rooms. Dinners for 38. 6d., 48. 6d., 5s. 6d., 78, 6d.,
and 10s. 6d. the beauty of its colour, nor are the Pens in the least corroded by it.
Will be served in the Private Dining Rooms; no extra The existing Red Inks rapidly destroy Steel Pens, and lose their red
charge for room or pianoforte. Choicest Wines, Beer, and Spirits.colour it used with other than Gold or Quill Pens. This new colour
Proprietors, DORER BROTHERS. is a very rich scarlet red of great beauty. The colour of this ink is not affected by use upon parchment, and is consequently of great
The Companies Acts, 1862 to 1879. value to Solicitors and Draughtsmen, Sold in stone bottles, retail at 19., 2s., 3s; and Imperial Quarts of
Every requisite onder the above Acts supplied on tho shortest notice 42 ounces at 68. each. Also in glass bottles at 6d. and 18. each.
The BOOKS and FORMS kept in stock for immediate use PARTRIDGE & COOPER,
MEMORANDA and ARTICLES OF ASSOCIATION speedily printed WHOLESALE AND RETAIL STATIONERS
in the proper form for registration and distribution. SHARE CEE
TIFICATES, DEBENTURES, &c., engraved and printed. OFFICIAL 192, Fleet-street, and 1 & 2, Chancery-lane, London, E.C.
BEALS designed and executed.
Solicitors' Account Books.
RICHARD FLINT & CO.
Stationers, Printers, Engravers, Registration Agents, &c., LARGE BLUE NOTE, 38. 60., 4s. 6d., and 68. 6d. per ream.
49, FLEET-STREET, LONDON, E.C. (corner of Serjeants' ENVELOPES, CREAM OR BLUE, 38, 9d., 48. 6d., and 6s. 6d. per 1000.
inn). THE TEMPLE" ENVELOPE, extra secure, 98. 6d. per 1000.
Annnaland nther Returns Atawned and Filed.
INAHAN'S LL WHISKY.
Pure, Mild and COOPER'S VELLUM-WOVE CLUB-HOUSE PAPER," without
Mellow, Delicious and most Wholesome. Universally recomwhich none is genuine.
mended by the Profession. The Cream of Old Irish Whiskies. INDENTURE SKINB, Printed and Machine-ruled, 25. 6d.
doz., 135s. per roll. SECONDS OR FOLLOWERS, Ruled, 2s. 1d, each, 248. por dozen, 1158. per
“ Soft and Mellow, Pure, well Matured, and of very excellent roll.
quality.” RECORDS OB MEMORIALA, 8d, each, 78. 6d. per dozen. Ledgerr, Day Books, Cash Books, Letter or Minute Books.
Exhibition, 1878; Dublin Exhibition, 1865, the Gold Meda!. An immense stock in various bindings.
20, Great Titchfield Street, London, W.
instance with reference to the practice of hearing counsel in chambers. According to the statement made to the court, one chancery judge allows counsel
either before himself or his chief clerks; another allows LONDON, MARCH 13, 1880.
counsel neither before himself nor his chief clerks ; another allows counsel before his chief clerks and not
before himself; and yet another learned judge allows CONTENTS.
counsel before himself and not before his chief clerks.
We do not say that this statement is as strictly accurate CURRENT TOPICS:
as it is epigrammatic, but it is true that the practice in Mr. Gregory's Motion
.......................... 359 the various chancery chambers is not uniform, and it Counsel in the Chancery Chambers Probate and Administration Daty....
would be to the advantage of the profession that some The Enactments Relating to the Summoning of a new Parliament 859 general rule on the subject should be adopted.
County Court Business
THE CHANCELLOR OF THE EXCHEQUER has at last acted Reviews ...................................................... 862
on the resolution Mr. Gregory carried in the House of GENERAL CORRESPONDENCE....................................... 363 Commons last session, and has induced the House to CASES OF THE WEEK :
assent to a resolution altering the progressive rates of Griffin, Ex parte Nelson, Ex parte ...
........ 364 probate and administration duty. The result will be Ecclesiastical Commissioners for England, The, v. Kino
that in future it will be no longer cheaper to die with a Roberts, In re..........
......................... 364 will than without one. Some of the more glaring Levy v. Lovell
364 Railway Accident Mutual Assurance Company, In re..........
inequalities are corrected; and it will no longer be the Gniesa v. Cooper ............................................ 365
fact that while thirty estates of £1,000 each pay probate ! Solicitor, A, In re ............................................. 365 Gledhill v. Hunter
duty to the amount of £900 between them, a single
365 Fritz v. Hobson.. .............................................. 366
estate of the value of £30,000 pays only £450 in probate COUNTY COURTS ................................................ 366
duty. The amount payable in the latter case is proposed Probate and Admiralty Duties.................................
366 to be raised to £815. The rate of duty on small properOBITUARY...
......................................... 367 APPOINTMENTS, ETC.............................................. 368
ties has been lowered, and on large properties raised -an COMPANIES
......................................... 368 act of justice whereby the revenue will profit to the LAW STUDENTS' JOURNAL
369 LEGISLATION OF THE WEEK........................................ 369
amount of between £600,000 and £700,000. We regret CREDITORS' CLAIMS
that the Chancellor of the Exchequer has not seen his way NEW ORDERS, &c............................................... 373 to adopt Mr. Dodds' suggestion to substitute for probate LEGAL NEWS .................................................. 373 LONDON GAZETTES, &c., &c. ....................................
and legacy duties a single duty to be levied at a uniform 374
rate upon the value of the estate. The result of the CASES REPORTED IN TAE WEEKLY REPORTER.adoption of that suggestion would have been a conBagshaw, Ex parte. In re Ker (App.)
siderable reduction of the Somerset House staff, and the
403 Chapman v. Midland Railway Company (Q.B.Div.)
saving of an immense amount of trouble and expense to Ditton, Ex parte. In re Woods (App.)
.............. 415 Kitto, In re. Kitto v. Luke (Ch.Div. V.C.M.).....
.................... 411 Learoyd, Ex parte. In re Lättman (App.) ...................... 402 THE EXISTING STATUTES relating to the dissolution of Myers v. Defries (App.)
406 Norwich Provident Insurance Society, In re. Hesketh's Case
Parliament and summoning of a new Parliament are four
401 in number. It was provided by 7 & 8 Will. 3, c. 25, after Orr Ewing & Co's Trade Marks, In re (Ch.Div. V.C.H.)........ 412
reciting that “ by the evil practices of sheriffs, &c., as Pearce, Ex parte. In re Grieves (App.) Pellas . Neptune Marine Insurance Company (4 pp.).
well the freeholders in their right of election, as also
............ 405 Potter V. Jackson (Ch.Div. V.C.H.).............................. 411 the persons elected had been greatly injured and Queen, The, v. Truelove (Q.B.Div.).
413 Renshaw v. Renshaw (Ch.Div. M.R.)..
abused,” that, “when a new Parliament should be sum............................ 409 Simmons v. Storer (Ch.Div. M.R.) .............
408 moned there should be forty days between the teste and Shelford v. Louth and East Coast Railway Company (App.) 407
return of the writ of summons." This period, which Stirling v. Du Barry (App.) ........ Tottenham Local Board v. Rowell (Ch.Div. V.C.M.).............. 409
was originally fixed by Magna Charta, and which was Williams and Another v. Ellis (Q.B.D.)..
extended to fifty days by the Act of Union with Scotland, was shortened to "thirty-five days at least" by
15 & 16 Vict., c. 23, the above Acts" or any other law or CURRENT TOPICS.
usage to the contrary notwithstanding." A new form of writ was supplied by the Ballot Act, 1872, schedule 2,
but resort must be had to earlier Acts to learn the mode MR. G. B. GREGORY will, on Tuesday next, call the attention of the House of Commons to the Consolidated the writs are to be issued with all expedition, and
of forwarding and executing it. By 7 & 8 Will. 3, c. 25, Regulations of the Four Inns of Court of December,
“delivered to the proper officer to whom the execution 1876, “ as to the admission of students, the mode of
thereof doth belong, and to no other person whatsoever.” keeping terms, the education and examination of
The Act 53 Geo. 3, c. 89, provides for the transmission of students, and the calling of students to the bar;” and
the writs through the post, and contains somewhat will move, “ That, in the opinion of this House, the
elaborate provisions for receipts by the Postmastersaid regulations are unnecessarily stringent in their operations upon the cases of persons who have been bona sheriffs, &c., to the Postmaster-General of the place
General and postmasters of towns, and for notices by fide engaged for a given number of years in the study where they hold their offices “as often as the place for and the practice of the law as solicitors of the Supreme Court of Judicature, or as writers to the Signet, and who holding such offices shall be changed,” wilful neglect on
the part of any official being punishable as a misdeare desirous of being admitted as students of the Inns
meanour. The date of the election is regulated by the of Court and of being called to the bar, and that such
Ballot Act, 1872. With regard to counties and district regulations ought to be relaxed, with proper safeguards boroughs this is, by schedule 1, part 1, to be “not later against abuse."
than the ninth day from the receipt of the writ," with
an interval of three clear days, at least, between the day IT WAS STATED before the Court of Appeal on Wed- of public notice and the day of election. This notice nesday last that a strange diversity of practice prevails is to be given within two days after the receipt of the in the chambers of the four Chancery judges of first writ, between the hours of nine a.m. and four p.m., and
duplicates thereof are to be forwarded to the various post
NAMES OF COMPANIES. offices for further publication. In boroughs other than district boroughs the returning officer is to proceed to
I. election within four days after receipt of the writ, giving On several recent occasions the time of the judges of the two clear days' notice on the day he receives the writ or
Chancery Division (in particular of the Master of the the day after.
Rolls) has been occupied in considering cases in which. one company has complained of the assumption of &
particular name by another company, and has endeaWITH REFERENCE to the recent proposals as to the
voured to restrain the assumption of that name, on the
ground that it was so closely assimilated to that under county courts, two tables which we print elsewhere will be
which the complaining company had for some length of of interest as showing the common law and equity business of the county courts for the last thirteen years. It
time existed, as to be intended or calculated to attract to will be observed that during that period the common
the more recent company business intended for the older
And on such occasions the contention, of course, law plaints have increased from 872,680 to 1,031,505,
has been that the new company was not merely entering and that the cases in which the amount at stake was above
into a fair competition with the existing company in £50, by consent brought before the county court, have increased from 9 to 418. The average amount for which the
that line of trade, but that it was taking a name calcu-plaints are issued is very small, and considering that out of lated, by deceiving the public as to the identity of the 1,031,505 plaints in the year 1878 no fewer than 1,015,715 company, to attract business intended for the complainwere for £20 or under, there can be no surprise that the ing company in particular. It may not be out of place average is low. The return of the equity proceedings to offer some remarks on this subject.
The earliest reported case in which the matter appears covers the whole of the time during which the county
to have been been brought before the court was The Loncourts have had equity jurisdiction in matters up to
don and Provincial Law Assurance Society v. The Lonthe value of £500. There is no such marked increase shown here as on the common law side, and the average (17 L. J. Ch. 37), in which the Vice-Chancellor of England,
don and Provincial Joint Stock Life Assurance Company amount in dispute is
Sir Lancelot Shadwell, in tho year 1847, expressed a very as to indicate that no proceedings are brought in the
decided opinion as to the principles on which the court county court except such as are unable to bear the
should act in such cases. “The principles, I apprehend, are expense of the superior courts.
clear,” said he, “that the court will always have regard to this, whether there has been such an exclusive right to a name on the part of the plaintiffs as to justify the
court in interfering in a summary way against the deThe Daily News understands that Mr. Charles Thynne | fendants; and the court will consider whether, taking has been appointed to the office of Assistant-Solicitor to the all the names together, it is or is not apparent that there Board of Customs, in the room of Mr. James O'Dowd, re is such a deceptive quality as is likely to produce the cently deceased.
The salary attached to this post is injury complained of.” The points, then, to which the £800 a year, and that of the solicitor of the department, Vice-Chancellor thought the court ought to have regard $2,000.
were two-first, whether the plaintiff company had an Among the handbooks of law for popular use with which we exclusive right in the name ander which it was carrying have been inundated of late years, says the Scottish Journal
on business ; second, what was the degree of resemblance of Jurisprudence, we have not come across any one for the
between that name and the name assumed by the de. guidance of the public in the art of slander, telling us what
fendant nasty things you may say of your neighbour safely, and what
Whether the plaintiff company has nasty things you may not, and what expressions which may
or has not an exclusive right in its name appears to debe used without money and without price on one side of the pend on two further inquiries—whether the character Tweed become expensive as soon as you cross the boundary. of the name is favourable to the acquisition of an exIn England, to say that a man is a blackguard is not clusive right, and whether the name has been used under actionable (Addison on Torts, 3rd ed., 789); in the Scottish such circumstances as to have caused the right which case of Brownlie v. Thompson (Feb. 11, 1859, 21 D. 480) it could be acquired to have actually been so acquired. was held that it was. In Jameson v. Bonthron (June 13, While it would be too much to say that under no 1873, 11 Macp. 703), the expression "d-d puppy" was circumstances can a name, composed of mere common. held not to be actionable, even when used in open court to a and descriptive words, be capable of protection, it seems person who in his pleadings described himself as “ holding the beyond doubt that a fancy name, the more inapprohonourable and exalted position of procurator-fiscal of Auchtermucbty.” The lay mind must be greatly exercised priate the better, is far more likely to acquire a special on reading these nice distinctions, and we commend the sab- reputation for the company which is known by it. ject to the attention of some of the great unemployed.
“One can well understand,” said the present Master of
the Rolls, in Merchant Banking Company of London v. On Sunday"last, says the Times, there died, aged 69, Dr. Edward Zimmermann, one of the Berlin members of Ch. D. 560), “a certain fancy name being so attached
Merchants' Joint Stock Bank (26 W. R. 847, L. R. 9 the Reichstag, and a gentleman well known in England, to a business as to indicate that business, and that where he lived for many years, a refugee after the events of 1848, practising as an English solicitor. He was brought up
business alone, and that another man using the same to the Prussian bar, and rose rapidly in his profession till fancy name in carrying on a similar business might be 1848, when he was drawn into the political whirlpool. He
convicted of an intention to defraud from that circumwas sent to the first German Parliament, and sat in it till stance alone." On the other hand, the court does not it w:s broken up, As one of the members who followed ic view with favour an attempt to acquire an exclusive to Stuttgart, he was condemned for high treason and placed right in a word in common use, used in its ordinary in a fortress, whence he escaped to England. In London and appropriate signification, for if such attempts he resolutely set to work rebuilding his fortunes, and by were frequently successful it might not impossibly 1861, when the amnesty admitted him again to his native country, he was able to convey to Berlin an extensive prac
come to pass that companies might exist whose tice in international business. With the revival of Parlia
line of trade could not be discovered from their ments in Germany he was re-elected by his old constituency
names, the properly descriptive words having been. as well as by Berlin, for one of the districts of which he already monopolized by other companies before them in had ever since sat. As an influential member of the small
the field. So in Colonial Life Assurance Company r. but very able group called the “Party of Progress” in the
Home and Colonial Assurance Company, Limited (12 Reichstag, and an ardent admirer of England, whose insti
W. R. 78 33 Beav. 548), Lord Romilly, M.R., refused tutions were almost a standard of excellence for him, he
to restrain the use of its name by the defendant comwill be regretted by many friends in both countries. pany, on the ground that the object of the motion was
to obtain a monopoly of the word "colonial,” which from carrying on business in such a way, whether he object his lordship declined to assist. And in the last knew it or not, as to represent that his business was the case on the subject (Australian Mortgage, Land, and business of another man (per Jessel, M.R., Merchant Finance Company v. Australian and New Zealand Banking Company of London v. Merchants' Joint Mortgage Company. Court of Appeal, January 17, Stock Banle). And the same principle was clearly 1880), Lord Justice James stated that, in his opinion, a laid down in the Supreme Court of Connecticut company could not appropriate to itself a name which, (Holmes, Booth, & Haydens v. Holmes, Booth, & Atwood as in that case, merely described the nature of the business Manufacturing Company, 37 Conn. 278, 9 Amer. Rep. or the locality of the operations.
324), by Mr. Justice Carpenter, who expressed himself For a name to be protected, it is not sufficient for it to thus:-" The ground on which courts of equity have been suggested, or advertised, or talked of, it must afford relief in this class of cases is the injury to the have been actually used. In the well-knowl common party aggrieved, and the imposition upon the public, by law case of Lawson v. Bank of London (4 W. R. 481, causing them to believo that the goods of one man or 18 C. B. 84), the omission of an averment in the declara- firm are the production of another. The existence of tion that the plaintiff had ever carried on the business of these consequences does not necessarily depend upon the a banker at his bank, for which he claimed the monopoly question whether fraud or an evil intent does or does not of the title subsequently assumed by the defendants, was exist. The quo animo, therefore, would seem to be an held, on demurrer, to be fatal to his success, though immaterial inquiry." And see Singer Manufacturing the court appears to have thought that, if the necessary Company v. Wilson, in the House of Lords (26 W. R. averment had been made, the plaintiff might quite 664, L. R. 3 App. Cas. 376). possibly have succeeded. And the decision appears to be not only law, but justice, for if the company had never done business with any one, the name could not be connected by the public with the company for business
THE LORD CHANCELLORS LAND BILLS. purposes; so that no one would suffer by the subsequent
II. nse of the name by a later company, neither the former Tue impending dissolution of Parliament has deprived company nor the public. In the earlier cases (London these measures of their pressing interest, and we do not and Provincial Law Assurance Society v. London and Provincial Joint Stock Life Assurance Company and propose to do more at present than complete our
examination of the Conveyancing and Law of Property Purser v. Brain, 17 L. J. Ch. 41) the Court of Bill, postponing a discussion of the other measures until Chancery appears to have thought that some length of it is seen whether they will be brought before the first user by the plaintiff company was required in order for session of the new Parliament. it to be able to obtain protection for the name, but in Lee v. Haley (18 W. R. 181) Vice-Chancellor Malins rule a purchaser may insist on having the conveyance to
The Bill proposes to alter the doctrine that as a general said that, directly the name (of a shop or inn) him either executed in his own presence or attested by a is established so as to constitute a reputation, no person witness selected by him (Viney v. Chaplin, 4 Drew, can adopt the same name (which, although not a copy-237, De G. & J. 468). The Bill provides that on a sale right, is in the nature of a trade-mark), because, by doing the purchaser shall not be entitled to require that the so, he leads the public to believe that they are dealing with the party who has established the name, when, in conveyance to him be executed by any other party in the truth, they are dealing with another person.” This Chaser shall be entitled to have, at his own cost, the
presence of the purchaser or of his solicitor; but the pur. appears to be the rule which the court is disposed to execution of the conveyance by any other party attested follow, and so long as business has actually been by the purchaser's solicitor or by some other person carried on under the name in question, it does not seem that minute inquiries will be made with respect to the appointed in that behalf. The rule which it is proposed
to alter is not an invariable one (see 2 Dart. 655); and exact time for which the business has been carried on,
there seems to be no reason to object to the new proor the dimensions to which it has attained.
posal. From the terms employed by Sir Lancelot Shadwell
The next section makes the benefit of covenants for in the case first cited, it might be supposed at first sight production of documents of title run with the land in that the right to protection in respect of the name of right of which the covenant is given, but the section is the company was, in fact, a right of property in the name. not to “be deemed to confer any right to damages for But this has been decided not to be so. Lord Justice loss, or destruction of, or injury to, any documents of Giffard, in Lee v. Haley (18 W. R. 242, L. R. 5 Ch. 155), titie," and the rights conferred by the section are to be says, “I quite agree that the plaintiffs have no property in addition to the general equitable right of production. in the name (Guinea Coal Company), but the principle The better opinion seems to be that the benefit of a upon which the cases on this subject proceed is, not that covenant for production of deeds entered into by a there is property in the word, but that it is a fraud on purchaser would, at law, run with the land retained by a person who has established a trade and carries it on
the vendor (9 Jarm. Conv., by Sweet, 356), and considering under a given name, that some other person should the prevalence of the practice of indorsing notice of assume the same name, or the same name with a slight the covenant, so as to confer an equitable right to proalteration, in such a way as to induce persons to deal duction, there does not appear to be any reason for with him in the belief that they are dealing with the objecting to a provision which will bring the law, in all person who had given a reputation to the name.” And
cases, into harmony with the practice. in the same judgment the Lord Justice says again, “ It
We come now to the provisions of the Act relating to is a frand on the part of a defendant to set up a busi- leases. The first provision (clause 12) proposes to remedy ness under such a designation as is calculated to lead, the anomalous state of the law with reference to the and does lead, other people to suppose that his business effect of a grant of the reversion on a lease not under is the business of another person.'
seal. It would seem that in this respect the rule However, although it is not a right of property which as laid down in Smith v. Eggington (L. R. 9 C. P. is protected in the name of a company, there is not 145) remains unaltered. The tenant is not bound to much difference in the result; for it is not necessary for the assignee unless some act (other that of morely conthere to have been an actual fraudulent intention on the tinuing in possession) has been done by him to recogpart of the defendants, so long as what they have done nize the continuance of a tenancy on the former terms. was calculated to produce the results of fraud, though The assignee of the lease or tenancy is, of course, in unintentionally. "What the law did prevent was fraud; like manner bound by the provisions of the lease or the and it prevented, not only actual fraud—that is, fraud terms of the tenancy. But the landlord is not bound by intentionally committed, but it also prevented a man them to the assignee until he has done some act to