« PreviousContinue »
Lee, Henry Charles, New Cross, Kent, House Decorator. Mar 23 at 2 Throp, Thomas, Carltom-cum-Ouzelewell Green, nr Wakefield, Rope at offices of Pook and Son, Tudor House, Greenwich
Maker. Mar 20 at 11 at oiices of Boia ton, Old Bank cham bers Lovers, Thomas, East Bridgford, Nottingham, Farmer. Mar 24 at 3 at Leeds offices of Rothera And Sons, High st pi, Nottingham
Trumans. Charles Albert, Cradley Peath, Stafford, Grocer. Mar 20 at Light, John, New Hampton, Carman. Mar 19 at 11 at offices il at offices of Homer, High st, Brierley hill Schultz and Son, South sq, Gray's-inn
Tuckfield, William, Stogumber, Somerset, Farmer. Mar 20 at 12 at. Little. William, and Willi im Tebby, Small Heath, Birmingham, I at offices of Clifton and Carter, Broad st, Bristol
Builders. Mar 19 at 3 at offices of Fallows, Cherry st, Birmingham Tyson, George, jun, and Henry Tyson, King Cross, Halifax, Con-
Wagstaft, William, Droitwich, Worcester, Grocer. Mar 22 at il at
Wainwright, George, Birmingham, Boot Manufacturer. Mar 30 at 3 Lover, Edmund Arthur, Portsea, Woollen Merchant. Mar 24 at 1 at At offices of Clark and Co, Waterloo st, Birmingham 1.45. Oheapeide. Blake and Reed, Portses
Waller, Edwin, Lower Ranelagh grove, Pimlico, Bricklayer. Mar 27 *** Loker, Joseph, Rumnes, Monmonth, Market Gardener. Mar 25 at 12 at t3 at 144, Fleet si. Symonds, Tottenham offices of Morgan and Scott, High st. Cardifr
Walton, Edwin, Oldbam, Lancaster, out of business. Mar 20 at 11 at Lyon, Reuben, Ely pl, Holborn, Dealer in Leather Goods. Mar 22 at 3 White Lion Ino, King st, Darlaston. Watson, Oldham at offices of Abrahams, Bedford row
Ward, Robert. Adlington, Chester, ont of business. Mar 24 at 3 at Maygothlins. James, and Ephraim Chetwun. Worcagter. Boot Mann
offices of May, Church side, Macclesfield facturer. Mar 22 at 2 at ottices of Allen and Beauchamp, Sansome pl,
Wasserberger, Anton, Stamford St, Blackfriars, Manufacturer of Worcester
Chemical Preparations. Mar 17 at 3 at offices of Cooper, Chancery McMorrin, William, Derby, Linen and Woollen Draper. Mar 24 at 2 at
Webster, John Hebden, Danby Wiske, York, Innkeeper. Mar 17 at 2 offices of Terry and Robinson, Market st, Bradford
at the Railway Hotel, Romanby, near Northallerton. West, Tbirsk Merrall, George Hariley, York, Stuff Manufacturer. Mar 22 at 11 at
West, James, Plumstead, Kent, Carman. Mar 23 at 3.30 at offices of offices of Killick, Commercial Bank bldngs, Bradford
Cooper, Plum-tead rd, Plumstead
Wheeler, Joon, Cepel, Kent, Farmer. Mar 22 at 2.30 at officas o
Stenning, High st, Tonbridge Millington, William, Tamworth, Staff rd, Licensed Victcaller. Mar 22 at 2.30 at the White Lion Hotel, Lichfield st, Tamwortb, Jennings
White, Thomas, Bristol, Butcher. Mar 17 at 12 at offices of Meeres and Co, Berton-on-Trent
Nicholas st, Buistol Mitchell, Rose, Lowestoft, Grocer. Mar 24 at 12 at offices of Seago and
Woolfe, James, Longton, Stafford, Printer, Mar 23 at 11 at offices o Son, High st, Lowestoft
Kent, Onano-ry lane, Longton Morecroft, Thoma, Frederick, Barton-under-Need wood. Stafford Cement
Wotton, Joshua, Derby, Boot and Shoe Maker. Mar 31 at 3 at the Manufactuer. Mar 19 at 3 at offices of Jennings and Co, High st,
Royal Hotel, Derby. Close, Derby Burton-on-Trent
Zimmerman, Laurence Woolff, Liverpool, Watch Importer. Mar 22 Morris, John Henry, Newtown, Montgomery, Innkeeper. Mar 22 at
at 3 at offices of Gibson and Co, South John st, Liverpool. Pember12.30 at offices of Williams and Co, Market st, Newtown
ton and Co, Liverpool Newman, John, Christian Malford, Wilts, Farmer. Mar 20 at 11 at
the George Hotel, Chippenham. Pinniger and Co, Chippenham Nicholls, Robert Owen, Bridgest, Wallbrook, Provision Dealer. Mar 19
at 12 at offices of Whitehouse, Castle st, Dudley Norford, Henry, Northey st, Limehouse, Fish Buyer. Mar 22 at 3 at
Apti-Dyspeptic Cocoa or Chocolate Powder. offices of Ley and Brocklesby, Water lane, Gt Tower st
Guaranteed Pure Soluble Cocoa of the Finest Quality, with the Packman, Samoel, Covent girden, Fruit Salesman. Mar 17 at 11 at the excess of fat extracted. Mason's Hall Tavern, Mason's avenue, Basinghall 8t. Gregory,
The Faculty pronounce it “the most nutritious, perfectly digestible Moorgate st
beverage for Breakfa -t, Luncheon, or Supper, and invaluable for Pae, William Patterson, West Hartlepool, Durbam, Draper. Mar 22 at Invalids and Children." 3 at offices of Simpson. Church st, West Hartlepool
Highly commended by the entire Medical Press. Partridge, John Charles, Irthlingborou h, Northampton, Shoe Manu Being without sugar, spice, or other admixture, it suits all palates,
facturer. Mar 19 at 11 at the Hind Botel, Wellingborough, Andrew, keeps better in all climates, and is four timee the strength of cocoas Northampton
TEICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER Pearson, Joseph, Milnsbridge, near Huddersfield, York, Contractor. than such Mixtures. Mar 22 at 11 at offices of Ramsden and Co, John William st, Hudders Made instantaneously with boiling water, a teaspoonful to a Breakfield
fast Cup, costing less than a halfpenny. Peircey, John, Hockley, Warwick, Grocer. Mar 19 at 11 at offices of COCOATINA A LA VANILLE is the most delicate, digestible, cheapest Jackson and Sharpe, High st, West Bromwich
Vanilla Chocolate, and may be taken when richer chocolate is proPhilpott, Rev Newham George, Thwaite, Norfolk, Clerk in Holy Orders hibited. Mar 24 at 12 at the Royal Hotel, Norwich. Cooper and Norgate, East In tin packets at 1s, 6d., 38., 5s. 6d., &c., by Chemists and Grocere. Dereham
Charities on Special Terms by the Sole Proprietors,
H. SCHWEITZER & CO., 10, Adam-street, London, W.C.
Mar 18 at 2 at offices of Allen and Son, Carliele st, Soho sq
MR. G. H. JONES,
SURGEOX DENTIST, of Tanner, Circus pl, Finsbury circus
57, GREAT RUSSELL-STREET, BLOUMSBURY Read, Richard Henry, Birmingham, Confectioner. Mar 24 at 11 at
(Immediately opposite the British Museum), ofices of Rowlands, Corporation chambers, Ann st, Birmingham Reed, James Thomas, Stokesay, Salop, Temperance Hotel keeper.
Will be glad to forward his new Pamphlet gratis apd post-free, which Mar 22 at 1.30 at Ball Hotel, Corve st, Ludlow, Corner, Hereford
explains the only periectly painless system of adapting ARTIFICIAL Reynolds, George Frederick, Norwich, Publican. Mar 22 at 3 at ofices
TEETH (protected by Her Majesty's Royal Letters Patent), which of Overbury and Gilbert, Upper King st, Norwich
have obtained five Prize Medals, London 1862, Paris Roberts, John, Rhyl, Flint, Builder, Mar 19 at 3 at offices of Williams, 1867, Philadelphia 1876, Vienna 1873, and New York
Water st, Rhyl
1853.-Consultation daily free.
EDE AND SON 3 at 3 Newgate st. Rowe Seroxton, Joseph Henry, City rd, Shop Fitter. Mar 22 at 3 at offices of Morris, Paternoster row
R O B E Scudamore, Georg, Treworgan, Hereford, Farmer. Mar 22 at 12 at
MAKERS offices of Boycoti, Palace yd, Hereford Shears, William, Dunsford, Devon, Miller. Mar 22 at 2 at Bude
BY SPECIAL APPOINTMENT, Haven Hotel, Exeler. Bremridge
To Her Majesty, the Lord Chancellor, the Whole of the Judicial Bench Sberrit, Elizabeth Rymer, Tredundock, Hereford, Farmer. Mar 24
Corporation of London, &c.
BARRISTERS' AND QUEEN'S COUNAEL'S DITTO,
CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, &C
ESTABLISHED 1689. Steed, Robert Barnard, Long Melford, Suffolk, Plumber. Mar 20 at 1 at Canpon st Hotel, London, Mumford, Sudbury
94. CHANCERY LANE, LONDON. Stevens, Edward William, Ramsgate. Kent, Greengrocer. Mar 20 at
10 at Pantechnicon offices, Camden rd, Ramsgate Swift, William, Frome, Somerset, Umbrella maker.
TO SOLICITORS.-A Gentleman (M.A., B.C.L.
Var 23 at 3 at offices of Ames, Cork st, Frome
1 Oxlord), aged 26, to be admitted this month, desires a ConveyTarleton, Audley Parnther, Edgbaston, Birmingham, Clerk. Mar 18 |
ancing or General Clerkship. London preferred.--Address, B.C.L., 13, at 12 at offices of Solomon, Ann st, Birmingham
Bernard-street, Russell-square, W.O. Taylor, Charles, Walsall, Horse Collar Maker. Mar 22 at 2.30 at offices of Loxton, Bridge, Walsall
MODEL SETS OF OFFICES (eight or sixteen Taylor, George, Phipp si, Curtain rd, Cabinet Maker. Mar 22 at 3 at W rooms).—Two self-contained sets of premises, 14 and 15, Unionoffices of Mogg, Shoreditch Highst. Noon and Clarke, Blomfield court, Old Broad-street, to be LET. Strong-room and all con ven iences
-Messrs. DEBENHAM, TEWBON, & FARMER, 80, Cheapside, E.C.
MB: INDERMAUR (Clifford's Inn Prizeman,
Editor of the Law Student's Journal, and Author of Various 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 Final (Solicitors) lately, for five terms in succession, pupils have taken Honours. During that time 68 sent up, of whom 61 passed, 10 of these taking Honours. For terms and further particulars apply, personally or by letter, to Mr. INDERMAUR, 22, Chancery-lane, London.
Winner of the Law Society's only (the Scott) Scholarship for the year 1876, and Conveyancing Gold Medallist, prepares for the Preliminary, Intermediate, and Final. Classes for the Trinity Final commence on Tuesday, the 16th of Marcb. During the past year 28 of Mr. Napier's pupils passed out of 32 sent up. študents prepared through the post. -1, Mitre-court-buildings, King's Bench-walk, Temple. YHAMBERS to LET.-Second Floor, 3, Lancaster
place, Strand. Bed, sitting, and dressing rooms, with w.c, en suite. Several excellent fittings if required by tenant.-Apply to Mr. THURGOOD, Lonsdale Chambers, Chancery-lane. TO BE LET, a Suite of Four Superior Offices on
First Floor in New Bridge-street, near the Law Courts and District Railway at Blackfriars. Rent only £120. A bargain.-Messrs. TYSER & BALME, 140, Fenchurch-street.
HURGOOD & CO., Estate and Land Agents, lane, W.c., hold PERIODICAL SALES of Property, at the MART, the Second Tuesday in each month. Railway, School Board, Corporation, Board of Works, and other Compensations con duoted. Valuations for Probate, Mortgages, &c. Estates managed.
A scale of charges upon application.
MESSRS. DEBENHAM,TEWSON & FARMER'S
LIST of ESTATES and HOUSES to be SOLD or LET, including Landed Estates, Town and Country Residences, Hunting and shooting Quarters, Farms, Ground Rents, Rent Charges, House Property and Investments generally, is published on the first day of each month, and may be obtained, free ofcharge, at their offices, 80, Cheapside, E.C. or will be sent by post in return for two stamps.- Particulars for inser tion should be received not later thau four days previous to the end of the preceding month.
: ande GENERAL LIFE
DISTINCTIVE FEATURES. CREDIT of half the first five Annual Premiums allowed on who leterm policies on healthy Lives not over 60 years of age.
ENDOWMENT ASSURANCES granted, without Profits, payable at death or on attaining a specified age.
INVALID LIVEs assured at rates proportioned to the risk.
BONUS. The Reversionary Bonds at the Quinquennial Division in January, 1877 (amounting to £357,014),
averaged 50 per cent., and the CASH BONUS 30 yer Cont., on the Premiums paid in the 5 years
THE NEXT DIVISION OF PROFITS WILL TAKE PLACE IN JANUABY, 1882, AND PERSONS WOO EFFECT NEW POLICIES BEFORE THE END OF JONE NEXT WILL BE ENTITLED AT THAT DIVISION TO ONE YEAR'S ADDITIONAL SHARE OF PROFITS OVER LATER ENTRANTS.
REPORT, 1879. The 55th Annual Report and the latest Balance Sheets rendered to the Board of Trade, can be obtained at either of the Society's Offices, or of any of its Agents.
GEORGE CUTCLIFFE, Actuary and Secretary. AW UNION FIRE and LIFE INSURANCE
patrons, interested in the legitimate sale, by private treaty, of
COUNTRY ADVERTISEMENT OFFICE.
direct the attention of the Legal Profession to the advantages of his long experience of upwards of thirty years, in the special in. sertion of all pro forma notices, &c., and hereby solicits their continued support.-N.B.One copy of advertisement only required, and thestrictest care and promptitude assured. Officially scamped forms for adverstise ment and file of “London Gazette" kept. By appointment. RESTAURANT PARISIEN
), 10, CASTLE-STREET, HÓ LBORN
(OPPOSITE THE PRUDENTIAL INSURANCE COMPANY).
This new Ipk supplies the demand continually made but never before met, for a Red Ink which is uninjured by Steel or other Metallic Pens. Steel Pens left in this ink for months do not impair the beauty of its colour, nor are the Pens in the least corroded by it. The existing Red Inks rapidly destroy Steel Pens, and lose their red colour it used with other than Gold or Quill Pens. This new colour 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 value to Solicitors and Draughtsmen.
Sold in stone bottles, retail at 1s., 25., 3s; and Imperial Quarts of 40 ounces at 68. each. Also in glass bottles at 6d. and 19. each.
PARTRIDGE & COOPER, WHOLESALE AND RETAIL STATIONERS
192, Fleet-street, and 1 & 2, Chancery-lane, London, E.C. Carriage paid to the Country on Orders exceeding 20s. DRAFT PAPER, 58., 6s. 6d., 78. 60., 78. 9d.,
and 98. 9d. per roam.
ream. This incomparable Paper has raised up a host of worthless
which none is genuine. INDENTURE SKINS, Printed and Machine-ruled, 25. 6d. oh, 283. per
doz., 1358. per roll. SECONDS OR FOLLOWERS, Ruled, 25. 10. each, 248. per dozen, 115s. per
An immense stock in various bindings.
The BOOKS and FORMS kept in stock for immediate use
Solicitors' Account Books. RICHARD FLINT & CO.
Stationers, Printers, Engravers, Registration Agents, &c.,
De PiS LL WHISKY. Pure, Mild and
Mellow, Delicious and most Wholesome. Universally recommendad by the Profession. The Cream of Old Irish Whiskies.
The Funds in hand and Capital subscribed amount to upwards of
£1,500,000 sterling. Chairman-JAMES CUDDON, Esq., Barrister-at-Law, Goldsmith-build
ing, Temple. Deputy-Chairman-C. PEMBERTON, Esq. (Lee & Pembertons), Solicitor
44, Lincoln's-inn-fields. Every description of Fire and Life Insurance business transacted. The Directors iavite attention to the new form of Life Policy, which free from all conditions.
The Company advances Money on Mortgage of Life Interest and Reversions, whether absolute or contingent,
Prospectuses, Copies of the Directors' Report, and Annual Balance
FRANK MOGEDY, Actuary and Secretary.
B A N K.
allowed on the minimum monthly balances. No 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 custody of Deeds, Writings, and other Securities and Valuables; the col. lection of Bills of Exchange, Dividends, and Coupons; and the purchase and sale of Stocks and Shares. Letters of Credit and Circular Notes issued for all parts of Europe and elsewbere. A Pamphlet, with full parliculars, on application.
FRANCIS RAVENSOROFT, Manager, Southampton-buildings, Chancery-lane.
5. Soft and Mellow, Pure, well Matured, and of very excellent quality.”
KINABAN, 1980;LWIA ISKO. Gold Medalja Petris
Exhibition, 1878; Dublin Exhibition, 1865, the Gold Medal.
20, Great Titchfield Street, London, We
383 ........ 383
section, to recover from his client, in respect of that business, any greater amount than that prescribed or allowed, according to that scale, for the same business.” If, therefore, the Bill is passed in its present form,
solicitors will be able to make bargains for remuneration LONDON, MARCH 20, 1880.
higher than the scale. In other respects the provisions
of the Bill are unchanged. CONTENTS. CURRENT TOPICS:
A CORRESPONDENT draws our attention to a novelty in The Proposed Change in Probate and Administration Duty .... 379 journalistic enterprize. He encloses a circular issued by The Solicitors' Remuneration Bill as altered on Report.......... 379 A New Journalistic Enterprize.....
the publishers of a newspaper apparently intended
................... 379 The Bills of Sale Act Amendment Bill ........................ 379 mainly for Anglo-Indians, in which the following passage The Corrupt Practices Bill...... ....................... 379
occurs : LEADERS :The Limitation of Actions Bill
“A special feature of this journal is the 'GRATIS LEGAL Names of Cumpanies...............
381 OPINION' column, which is devoted to the answer, free of REVIEWS
charge, by an eminent firm of solicitors, of such questions GENERAL CORRESPONDENCE.................
respecting Britisb, Indian, and Continental law as may be CASES OF THE WEEK :
sent to the editor by the readers and subscribers." Boyes v. Cook
................ 384 Mason, Ex parte
If this obliging offer is generally taken advantage of, The Royal Baking Powder Company, In re
384 some interesting questions are likely to arise. Who will The Attorney-General v. Tomline
be the “eminent firm's” client—the proprietor of the Von Heyden v. Neustadt McStepheos - Carnegie....................................... 385 journal, or the subscriber whose questions are answered ? Lomax's Arbitration, In re..................................... Against whom will be the remedy of the latter if the Jackson v. Wood Watson V. Gray
eminent firm” in the course of their efforts to answer
386 The Yorkshire Wagon Company v. The Newport, &c., Coal questions on British, Indian, and Continental law Company
should occasionally come a cropper? If the remedy is APPOINTMENTS, ETC............................................. 387 against the eminent firm, it would seem to be only fair COMPANIES SOCIETIES....... ........................................... 388
that their names should be published ; and, indeed, this CREDITORS' CLAIMS
38 9 course appears to be imperatively demanded in the inCOUNTY Curts.. ..................................... 391 LEGISLATION OF THE WEEK....................................... 391
terests of the profession. Really we ought to know the COURT PAPERS
................................... 392 name of the eminent firm who are ready to answer“ free LONDON GAZSTTES, &C., &c. ..
of expense" any question in English, Scotch, Isle of CASES REPORTED IN THE WEEKLY REPORTER. Man, Jersey, or other“ British” law, or in Indian law, or
“ Continental law," in order that we may not omit to Capper & Co. v. Wallar e Brothers (Q.B.Div.)
424 Corbet v. Haigh (C.P.Div.)......
salaam as we pass the door of their gorgeous offices, and Diamond Fuel Cor pany, in re. Mitcalfe's Case (App.)
417 look in to humbly beg for a morsel of their omniscience. ** Don Ricardo," The (Adm.).
.................... 431 Jenkins, In the gods of (Prı b.) ............................... 431 Lloyd's v. Harper (Ch.Div. Frý, J.)
417 Mullins v. The Trea-wer of the County of Surrey (Q.B.Div.)
A Bill to amend the Bills of Sale Act, 1878, is now National Mercanti e Bank, The, v. Hampson (Q.B.Div.) Peareth v. Greenw od (Ch.Div. V.C.M.)...
417 before Parliament, apparently promoted by the Chambers Protector Endowment Loan and Annuity Company, The, v. Grice of Commerce, which proposes to effect some important (Q.B.Div.)
427 Rainbow and wife v. Juggins (Q.B.Div.)
changes. It provides (clause 6) that "every bill of Real and Personal Advauce Company (Limited) V. McCarthy
sale to which the principal Act applies shall be duly (Ch.Div. Fry, J.)...
attested and registered in accordance with the provisions Reed v. Harvey (Q B. Div.)........ ...................... 423 Ross's Trusis, in re (Ch. Div. V.C.M.)
of that Act within seven days after the making or giving Whitton, Ex parte. La re Greaves (Bkey.)......................
thereof, and shall set forth the consideration for which it was given, and such bill of sale shall not be valid as a
security or have any force or effect either at law or in CURRENT TOPICS.
equity [charming forgetfulness of the Judicature Act] until it has been so attested and registered as aforesaid.'
That is to say the doctrine of Davies v, Goodman (27 THERE HAS BEEN a good deal of discussion during the
W. R. 150) is to be established. The Bill also "week on the proposed changes in the duties on probates and administrations, and it may be interesting, with the proposes that within seven days after the registration help of a Parliamentary return, to compare the present the grantee by advertisement in the London Gazette
of a bill of sale, notice thereof shall be given by and proposed rates of duty. Up to £100 the proposed and such notice shall state the name, address, and rate is lower than the present probate duty, on estates occupation of the person by whom the bill of sale was over £800 and under £1,000, it is exactly the same as the present probate duty; beyond that amount it grad. in whose favour it was given. And lastly, by a clause
given, and also the name of the person to whom or nally rises above the present probate duty; but it is not till it reaches estates above €14,000 and under £16,000 which ought to be known as the Malins Clause, the Bill that the proposed duty equals the present administration proposes to enact that " a solicitor of the Supreme Court duty. The percentage on the mean value of the pro- explain its full meaning and effect to the grantor.”
attesting a bill of sale shall, before the execution thereof, posed duty on estates of over £1,500 is about 2, per Have the framers of this Bill considered how long it cent., while the mean percentage on testate and intes
would take to explain the “full meaning and effect” of tate estates of the present duty varies from 3 per cent.
a legal instrument to an ignorant man? The Bill will on estates between £1,000 and £1,500 to 1:66 per cent.
doubtless reappear in the new Parliament, and the law on estates above £200,000 and under £250,000.
societies ought to keep an eye upon it.
THE SOLICITORS' REMUNERATION BILL, as amended on report, does not contain the clause providing that “where THE CORRUPT PRACTICES BILL now passing through by general orders under the Act remuneration for any | Parliament is very simple in form, but as it deals with business is prescribed or allowed to be according to a a much controverted question, both in law and practice, scale of rates of commission or percentage, a solicitor it can hardly be expected to produce a very satisfactory shall not be entitled, under any agreement under this state of things. The Bill, which continues the well
1 year. 3 years.
known set of Corrupt Practices Acts which began with Assault or false imprison 4 years.
2 years. People Act, 1867, which prescribes that“ it shall not be Libel, trespass, trover, and
6 years. lawful for any candidate, or any one on his behalf, at any other causes of action election for any borough (except East Retford, Shoreham, “not elsewhere in the Cricklade, Much Wenlock, and Aylesbury), to pay any Act provided for.” money on account of the conveyance of any voter to the To take these in their order. The proposal to abridge poll, either to the voter himself or any other person; the period of the limitation in the first two cases has and if any such candidate, or any person on his behalf, cordial approval. The sanctity of shall pay any money on account of the conveyance tract by deed as compared with a contract by parol or of any voter to the poll, such payment shall be deemed to writing is quite suficiently protected by the interval be an illegal payment within the meaning of the Corrupt of twelve years, and the burdens upon administrators Practices Prevention Act, 1854.” The term “illegal
are already so great that the proposal to accelerate the payment” was an ill-chosen one, for in the Act of 1854, operation of the Statute of “ Repose" in their case is which defines “bribery,” and “treating” very precisely, to be commended. In this respect the Bill re-enacts, the term " illegal payment" does not occur. The giving, with a merely verbal alteration, the statute 23 & 24 Vict. however, of “any money or valuable consideration to or
c. 38, s. 13, as far as intestates' estates are concerned, but for any voter, or to or for any person on behalf of any with the important extending words that," for the voter, or to or for any other person in order to induce
purposes of this section, the expression 'share of the any voter ' to vote or refrain from voting,” or the personal estate of any person dying intestate shall be “corruptly” doing “any such act as aforesaid, on deemed to include the undisposed-of portion of the account of such voter having voted or refrained from personal estate of a person dying testate.” voting at any election,” is one of the numerous offences
It is upon the 6th clause, which abridges the period defined as “bribery” by section 2. In Cooper v. Slade of limitation of “an action for a debt other than a (6 E. & B. 447) the Exchequer Chamber held that the con specialty” from six years to three, that the greatest ditional payment of travelling expenses was within this sec.controversy will arise. Lord Westbury, it will be retion, but that the unconditional payment of them was not. membered, proposed to abridge the period from six years The reversal of this decision by the House of Lords (see to two, but he was quickly compelled to abandon his 27 L. J. Q. B. 449) quickly led to the passing of 21 & 22
measure by pressure from without, and it never so much Vict. c. 87, to which, after the proposed repeal of section as passed the House of Lords. It is not to be 36 of the Act of 1867 has been accomplished, re
supposed that the Chambers of Commerce will course must be had for the law of the subject. be mollified into acquiescence by this proposal to give The Act of 21 & 22 Vict. c. 87, enacts that "it them one year more, and it is to be hoped that if the Bill shall be lawful for any candidate or his agent
be re-introduced next session, the question of principle io provide conveyance for any voter for the purpose of
will be discussed at greater length than has hitherto polling at an election and not otherwise, but it shall been the case. For the public generally there is little not be lawful to pay any money or give any valuable doubt that the alteration would be beneficial for two consideration to a voter for, or in respect of, his travel reasons. First, those who pay ready money would h ave ling expenses for that purpose." The words“ provide to pay much less to compensate their creditor for his conveyance seem to point to providing carriages, and losses by the “bad debts of other people. Secondly, do not appear, strictly speaking, to include the pro- there would be far less need for hoarding up accumulacuring of railway passes.
tions of receipts to provide against the possibilities of being called upon to pay the same bill twice. Still, the
question is one upon which the evidence of experts ought THE LIMITATION OF ACTIONS BILL. to be had, and we should not be surprised if the Bill This is a Bill which will probably re-appear in a future
were to be referred to a Select Committee in order that Parliament, and calls for a very careful scrutiny on the such evidence might be taken. part of the profession and the public. Introduced With regard to the other causes of action, the sugwithout having been specially demanded, and having gested shorter periods are, with one or two exceptions, hitherto escaped remark in the House of Lords, it effects
desirable than the present longer periods. very material changes both in the substance and the
It is absurd that a man should have an action for form of the law, and fuses into one a part of a series of libel hanging over him for six years, or an action for statutes and cases which are perhaps unparalleled for assault for four. But the question arises whether the crabbedness and complexity. Shortly put, the Bill
cases in which an action for these causes is unduly greatly abridges the periods of limitation as far as all delayed are sufficiently numerous to call for an alteration the subject-matters dealt with by the Statute of
of the law. We never, ourselves, kuew or heard of a James and by the Act 3 & 4 Will. 4, c. 27, are concerned,
case in which the Statute of Limitations was pleaded to but leaves untouched the subject-matters dealt with by an action for slander or false imprisonment. These are the more recent Real Property Limitation Act, 1874, actions which, being brought to clear the character, are and by the “Nullum Tempus” Acts. A complete always brought speedily or not at all. The exceptions “ limitation" code, therefore, it does not profess to be, in which, perhaps, no change is required are but on the whole we are inclined to think that, granting trespass and trover. On the other hand, malicious its principle to be correct, it accomplishes its object in prosecution might well be placed in the same category a sufficiently convenient manner.
as false imprisonment if any alteration should be The following table exhibits the nature of the changes deemed desirable. proposed :
We will now notice the principal amendments of
detail. Two of them are placed together in clause 10, of
tion proposed by which the first two sub-sections are as follow :Specialty debts.
(1) In the case of a cause of action being concealed Claims against intestates'
12 years. estates.
816); Companies Act, 1862, s. 16. By clause 15 of the Bill
, a Debts other than specialty 6 years.
“specialty debt" "does not include money payable under a debts.
statute, unless it is declared by the statute to be a specialty
debt.” The effect of this will be that calls under the Companies Calls.
20 years." 3 years.
Clauses Act will be barred in three years, but that calls under
the Companies Act will not be barred' till twelve. Is this * Seo Cork and Bandon Railway Company v. Goode (13 C. B. ) intended 2
Period of Limita.
20 years. 20 years.
from the person entitled to bring such action, the right repealed by the Mercantile Law Amendment Act, 1856, to bring an action in respect of any matter affected by does not seem necessary, The repeal was no doubt that coucoalment shall be deemed to acorde from the carefully considered, and seems to have been suggested time at which such cause of action is or might, with rea
by the increased facility of communication with foreign sonable diligence, have been discovered by the person for
parts which is the leading feature of modern times. the time being entitled to bring the action.
We cannot but think that this facility has been at (2) In the case of a som due by a banker to his customer as such, the cause of action shall not be deemed to
least doubled by the multiplication of railways and acorde antil demand has been made for the sum by such
telegraphs since 1856, and the proposed repeal appears castomer or his legal personal representative.
to be uncalled for, and likely to prove troublesome The first of these sub-sections is suggested by
in practice. At any rate, there should be some utmost Imperial Gas Light and Coke Company v. London Gas
allowance for disability, as in the Real Property Limi. Light Company (10 Ex. 39), and the second by Pott v.
tation Act, 1874. Clegg (16 M. & W. 324). In the former of these cases it was held that it was no answer to a plea of the statute 21 Jac. 1, c. 16, that the plaintiff was prevented by the defendant's fraud from knowing of the cause of
NAMES OF COMPANIES. action until after the time of limitation has expired, but
II. it was also held that such fraud might of itself con. stitute a cause of action. The alteration effected by Since what it is sought to prevent is the attraction to the Bill follows the words of 3 & 4 Will. 4, c. 27, s. 26, itself by one company of business intended for another which prevents the time from running in real property company, it is evident that the remedy would be very cases, and which the cases of Chetham v. Roare inefficient if it could only be called for when the two (L. R. 9 Eq. 571), and Vane v. Vane (21 W. R. 252) names were identical. Hence the rule is, that protection have recently made better knowa than they would other will be granted, not only against identical names, but wise have been.
against names substantially the same. Hence, in Lee v. The proposed reversal of the somewhat artificial rule | Haley, Lord Justice Giffard speaks of the assumption by of Pott v. Clegg, that a banker, who has re. a defendant of “the same name, or the same name with tained his customer's money for more than six years a slight alteration" as the plaintiff uses ; hence, in without payment of any cheque or allowance of any Brooklyn White Lead Company v. Masury (25 Barb. interest, may proceed to appropriate it to his own S. C. 416), Mr. Justice Mitchell, in the Supreme Court use, is a far more serious matter. The Bill, as we of New York, states that "any false name that is have seen, by the enactment that the cause of action is assumed in imitation of a prior true name" is in violation not to accrue until demand has been made for the sum of the right of the owner of that prior name. It is standing to the customer's account, practically abolishes seldom, indeed, that it is the same name that the dethe Statute of Limitations so far as banker and customer fendants adopt, but when that is the case, the plaintiff is are concerned. Now, on the one hand, it is flat injustice generally relieved from discussing the probability of that the mere neglect to draw a cheque for six years deception, since there can be little doubt of that -or, à fortiori, three-should have the effect of turning probability. However, in Lawson v. Bank of London, a loan into a gift ; while, on the other hand, it is very and Newby v. Oregon Central Railway Company (Deady, hard upon a banker that he should be obliged to keep 609), the plaintiff failed—in the first case, because he dead accounts, large or small, open for an indefinite time. had not pleaded that he had actually used the name by We think it doubtful whether many bankers could carrying on business; in the second case, because the be found who would avail themselves of the protection plaintiff was not the injured company, but a bondholder of the law, but we have no doubt whatever and creditor of that company, who was held not to be that the cases in which bankers get the benefit of dead entitled to sue until the company had itself refused to men's accounts from pure ignorance of executors are take proceedings. In India Rubber Comb Company v. pretty frequent. Only the other day a professional Meyer (New York Superior Court, 1875) the plaintiffs “inquirer” sued executors upon a promise to pay him a succeeded. share of an account in consideration of his giving them When the names are not identical, but only more or
information as to the bank with which the account less similar, then it is that the second point suggested by had been kept. The only evidence is the pass-book, and Vice-Chancellor Shadwell, in the London and Provincial misers, old women, and persons of weak intellect, who Society's case, comes to the front, and it becomes are the best friends of bankers, are not unfrequently in necessary for the court to consider “whether, taking all the habit of secreting a pass-book, or perhaps one of two the names together, it is or is not apparent that there pass-books-a practice which would most effectually is such a deceptive quality as is likely to produce the keep an executor off the scent. What then is to be injury complained of.” And in estimating the probabilty done? The simplest amendment should be, that of deception, a right conclusion has to be arrived at, not the clause should stand as it is, with the proviso only by examining the names side by side, but also by that after the lapse of ten years the right of the castomer weighing the other circumstances of the case, as will be should be barred. It might perhaps be suggested that seen from a recapitulation of the decisions. the banker should pay the money into court under the The first case on the subject was that of The London Trustee Relief Act, or “to the Chancellor of the Ex and Provincial Law Assurance Society v. The London chequer for the time being,”—
'-as a testator once phrased and Po incial Joint Stock Life Assurance Company it-“for the use and behoof of his beloved country, Great (17 L. J. Ch. 37), in which Vice-Chancellor Shadwell Britain” (Nightingalev. Goulburn, 5 Hare, 484); but both thought that no deception was probable, and that there these suggestions are a little too fanciful for a House of was a doubt as to the length of user, and consequently Commons, of which not a few bankers are distinguished refused to grant an injunction on motion, but directed ornaments. An enactment that it should become the an action to be brought. Next came Purser v. Brain (17 duty of a banker to furnish his customers with annual L. J. Ch. 141), in which “The London Manure Company” statements of accounts in all cases where a balance sought to restrain the use by another company of exceeds, say £100, might perhops meet the case the name “ The London Patent Manure Company,” sufficiently; and we do not see why this or some other and the same result followed, there being again a quesremedial enactment should not come into operation at tion as to the length of time during which the plaintiffs once, and not be deferred, with the rest of the Bill, till had traded under their name. Then comes the case the 1st of January, 1883.
before the Supreme Court of New York, Brooklyn The re-enactment of the saving for absence beyond White Lead Company v. Masury, mentioned above, in seas, which appeared in the Statute of James, but was which, the plaintiffs being in the habit of labelling