Page images
PDF
EPUB

discussed prior to execution, the plaintiff and his agent both agreement therein contained, without the necessity of having told the defendant there was no binding agreement with recourse to an action of ejectment. The defendant had not finished Rice, and she thereupon signed the agreement of the 29th of the five houses by the 24th of June, but the plaintiff did not May. For the defendant it was contended there was a binding give him notice of his intention to insist on the forfeiture agreement with Rice, and, therefore, that she could not be until the 18th of July. Meanwhile, the defendant had to the restrained by injunction from acting for any person other knowledge of the plaintiff laid out further money upon the than the plaintiff, on the authority of Fechter v. Montgomery houses. On the 31st of July, and again on the 26th of (33 Beay, 22). JESSEL, M.R., said that the only question was September, the defendaot removed a quantity of building whether a binding agreement with the plaintiff should not materials off the land. On the 30th of September the action be enforced because the defendant was afraid someone was commenced, by which the plaintiff claimed an injuncelse might have a binding agreement with her. In his tion to restrain the defendant from committing any act of opinion there was no binding agreement with Rice, as the trespass on the land, and damages. The defendant delivered defendant's acceptance must have been by telegram, and no a statement of defence and counter-claim, asking by the telegram had been sent. If the sending the photograph was counter-claim for the specific performance of the agreement. intended as a new offer of a contract by the defendant, that | At the trial the counter-claim was abandoned. It was conoffer required to be accepted by Rice, but there was no such tended that the plaintiff had waived the right of forfeiture acceptance by him, and only an interview with his agent, I which accrued on the 24th of June, and that by afterwards after the plaintiff's agreement had been entered into. There insisting on the forfeiture he had in effect rescinded the must, therefore, be an injunction as asked.-SOLICITORS, agreement. The defendant, therefore, it was said, was in Foss & Legg ; Lewis & Lewis.

possession of the property as tenant at will to the plaintiff, and was entitled to remove the building materials within &

reasonable time, those materials having become his absolute PRODUCTION OF DOCUMENTS-REFUSAL TO PRODUCE, property by virtue of the rescission of the agreement by the RIGHT TO USE IN EVIDENCE-ORD. 31, R. 14.-In a case of plaintiff. FRY, J., said that after the 24th of June the plain. Webster v. Whewall, before Denman, J. (sitting for Fry, J.), tiff was in a position to elect either to avoid the agreement on the 8th inst., a question arose upon the construction of or to affirm it, or he might do neither, and the question was Tule 14 of order 31 as to the right of the plaintiffs to put in | whether he was on the 18th of July entitled to avail him. evidence a document referred to in their statement of claim, self of the right which had accrued on the 24th of June. The which they had refused to produce to the defendant. In question within what time a right to elect to avoid a contract their statement of claim the plaintiffs stated that the property was lost was open to some doubt. In the case of Morrison v. in question in the action was conveyed to them or their The Universal Marine Insurance Company (21 W. R. 774, L. predecessors in title by a deed dated the 16th of August, 1866. R. 8 Ex, 197), the Court of Exchequer Chamber said that Before the defendant had delivered bis statement of defence, the judge had told the jury that the party entitled to elect he gave notice to the plaintiffs to produce this deed for his must do so within a reasonable time, and they added, “It is inspection. They refused to do so, but after the statement not necessary to consider whether this decision is correct, or of defence had been delivered, they offered to produce the whether the party entitled to elect may not do so at any time, deed, and tendered it to the defendant for that purpose. The unless in the meantime he has elected to affirm the contract, defendant objected that the offer came too late, and refused to or unless the rights of third parties have intervened, or the accept it. And at the trial it was objected that the plaintiffs other party to the contract has altered his position, under the could not put the deed in evidence, reliance being placed on belief that the contract was a subsisting one; for, if the latter.be rule 14. DENMAN, J., held that the plaintiffs had sufficient the correct view, the direction of the learned judge was too cause for not producing the deed before the statement of favourable to the plaintiff, and of course he cannot complain of defence was delivered, and he overruled the objection.

it," so that they left the point undecided. Bat, if the true SOLICITORS, Williamson, Hill, f. Co.; Philbrick & Corpe.

view was that the right to elect must be exercised within a reasonable time, bis lordship thought that, looking at the

nature of the relation between the parties; to the fact that SPECIFIC PERFORMANCE_POSSESSION BY PURCHASER the defendant was bound by his agreement to go on with PAYMENT OF INTEREST ON PURCHASE-MONEY.-In a case of the buildings, and that it was, therefore, probable that, Ballard v. Shutt, before Denman, J. (sitting for Fry, J.), on until he was stopped by the plaintiff, he would proceed the 13th inst., the action was brought by a parchaser for the with them at any rate, he bad a right to do so, the specific performance of a contract for the sale of land, and 18th of July-i.e., three weeks after the right to forfeit the question arose whether the plaintiff ought to pay interest had acorded was not a reasonable time within which to on his purchase-money. The land was not in the occupation | elect to avoid the contract. If, however, the true view was of any tenants, but the plaintiff had, immediately after the the other one mentioned by the Court of Exchequer agreement was signed, erected a notice-board on the land, Chamber, then the evidence proved that in the interval of announcing that it was to be let or sold, and referring to three weeks the defendant had altered his position by himself for information, and that he had actually entered into contracts relating to the land. DENMAN, J., came to the

expending money on the houses in the belief that the

agreement was still subsisting. In either view, therefore, conclusion that the plaintiff did this, intending then and

the plaintiff was too late on the 18th of July to elect to there to assume the ownership of the land, and to deal with

avoid the contract. But, assuming that the contract was it as his own, and that he was, therefore, bound to pay

still subsisting after the 18th of July, the defendant had interest on his purchase-money from the time when he had

committed fresh breaches of it on the 31st of July and on taken possession, notwithstanding the fact that he had made

the 26th of September, and the plaintiff, by issuing the no profit out of the land.-SOLICITORS, Dixon, Ward, & Co.; Johnson & Weatheralls..

writ on the 30th of September, had elected to avoid the contract. The defendant, however, said that the contract

was not still subsisting, because the plaintiff, by asserting BUILDING AGREEMENT—FORFEITURE-WAIVER-ELEC on the 18th of Jaly that it was at an end, had done an TION-ACQUIESCENCE-RESCISSION OF CONTRACT.-In a case

unlawful act, and bad thus rescinded the contract. That of Marsden v. Sambell, before Fry, J., on the let inst, the proposition was utterly untenable. Assuming that the question arose whether the plaintiff was entitled to insist on plaintiff's act was a violation of the contract, yet a breach the forfeiture of a building agreement, or whether he had not by A. of a contract between himself and B. did not of itself waived his right to do so. On the 16th of January, 1879, rescind the contract. It could only give to B. a right to the plaintiff agreed to grant a building lease or leases to the rescind the contract, and that right be must exercise if he defendant (who was a builder) of a piece of ground, and

wished to rescind it. In the present oase it was clear that seven houses then in the course of construction thereon. the defendant had not given any notice to rescind the con. The defendant was to finish two of the houses by the 25th of tract, on the contrary, he had continued to insist that it was March, 1879, and the remaining five by the 24th of June, still subsisting. Bat, even if he had resoinded the contract, 1879. The defendant was not, without the written licence of | he would have had no right afterwards to enter on the land the plaintiff, to carry away any building materials after they to remove the building materials. For, though a tenant had been delivered on the land. Until the lease or leases at will whoge tenancy was determined by his lessor had a should be granted the plaintiff was to have a right of re-entry right to enter on the land within a reasonable time to on the premises, in case of the breach or non-performance of remove crops and other things belonging to him, & tenant the defendant's agreement to finish the houses, or of any other at will who determined his own tenancy bad no suob right.

This was settled by Oland's case (5 Coke Rep. 116a).
Consequontly, bis lordship granted the injunction claimed

Obituary.
i by the plaintiff, and awarded him £30 damages.-SOLICI.,
TORS, G. W. Marsden & Son; Bordman & Co.

MR. JOAN FINCHETT MARSH.
Mr. Job Finchett Marsh, solicitor, formerly town clerk

of Warrington, died at Hardwick House, near Chepstow, on Appointments, Etc.

the 22nd ult. Mr. Marsh was born in 1818, and was

educated at the Warrington Grammar School. He was Mr. FRANCIS WILLIAM CALVERT, solicitor, of York and

admitted a solicitor in 1839, baving served his articles with Scarborough, has been appointed a Magistrate for the Borough

his uncle, the late Mr. John Finchett, of Warrington, to of Scarborougli. Mr. Calvert was admitted a solicitor in

| wbose praotice he shortly afterwards succeeded. He was 1837, and is registrar and prothonotary of the York Court

formerly associated in partnership with Messrs. Joseph of Record, and assistant clerk to Ithe visiting justices of the

Wagstaff and William Wagstaff, Dext with Mr. James West Riding Lunatic Asylum.

Barratt, and finally with Mr. William Dampier Jeang. He

had a very extensive practice, and was a perpetual com• Sir JULIAN GOLDSMID, baronet, has been elected Treasurer

missioner for Lancashire and Cheshire, and clock to the of University College, London. Sir J. Goldsmid is the only

governors of the Warrington Grammar School. In 1847, son of Mr. Frederick David Goldsmid, of Somerhill, Kent,

upon the incorporation of the town of Warrington, Mr. He was born in 1838, and succeeded to the baronetoy in 1878

Marsh was elected as the first town clerk, and he beld on the death of his uncle, Sir Francis Henry Goldsmid,

hat office till 1858. About seven years ago he retired Q.C. He was educated at University College, and graduated

trom business, and had ever sinco resided in Monropth. M.A. at the University of London in 1861. He was called

fshire. Mr. Marsh devoted most of his leisure time to to the bar at Lincoln's-ina in Hilary Term, 1861. Sir

literary and antiquarian studies. He published a history of J. Goldsmid was M.P. for Honiton in the Liberal interest

the Warrington Grammar School, and had delivered some from 1866 till 1868, and for Rochester from 1870 till the

lectures upon “Literary Characters of Warrington during last general election. He is a fellow of University College,

the Eighteenth Century.” He also contributed several and & magistrate and deputy-lieutenant for the county of Kent.

papers to the “Transactions of the Lancashire and Cheabire

Historical Society," Mr. Mareh was a bachelor. Mr. ROBERT LOCK, solicitor, of Pembroke and Tenby, has been appointed a Perpetual Commissioner for Pembrokeshire for taking the Acknowledgments of Deeds by Married Women.

MR. JOSEPH SHARPE, LL.D. Mr. THOMAS MARTINEAU, solicitor and notary (of the Mr. Joseph Sharpe. LL.D., died at Pembroke Lodge, firm of Ryland, Martineau, Carslake, & Goodwin), of Bir

Kensington, on the 2nd inst. Mr. Sharpe was bora In 1818, mingham, has been appointed a Magistrate for that borough,

and was educated at Jesus College, Cambridge, where he Mr. Martineau was admitted a solicitor in 1851, and is law

graduated first class in civil law in 1851, and in the first clerk to the Birmingham Assay Office.

class in the moral sciences tripos in 1853, in which year be Mr. EDMUND SWETENHAM, Q.C., has been appointed a also obtained the Whewell Prize for moral philosophy, and Magistrate for Denbighshire. Mr. Swetenham is the second afterwards proceeded to the degree of LL.D." He was called son of Mr. Clement Swetenham, of Somerfoord Booths, to the bar at the Inner Temple in Easter Term, 1852, and Cheshire, and was born in 1822. He was educated at formerly practised on the South-Eastern Circuit, and at the Brasenose College, Oxford, and was called to the bar at Surrey Sessions. Mr. Sharpe was for several years reader in Lincoln's-inn in Trinity Term, 1848. He is a member of jurisprudence and in civil and international law at the Middle the North Wales and Chester Circuit, and became a Queen's Temple. He had acted as examiner for the LL.B. degree at Counsel in April last.

Cambridge, and as examiner in civil law and the principles Mr. ALLAN TASSELL, solicitor, of Faversham and Sitting.

of legislation in the University of London, bourne, bas been elected Clerk to the Preston School Board, Mr. Tassell is the son and partner of Mr. James Tassell, solicitor, registrar of the Faversham County Court, and

MR. CHARLES TREVOR. coroner for the borough. He was admitted a solicitor in 1872, and is registrar of the Sittingbourne County Court,

Mr. Charles Trevor, solicitor, many years controller of clerk to the Faversham Board of Guardians, and clerk | legacy and succession duties, died at his residence, 18, Nor(jointly with his father) to the county magistrates and the

folk-crescent, Hyde-park, on the 5th inst. Mr. Trevor vas deputy-lieutenancy.

born in 1801, and received the usual training of a solicitor. Mr. FRANCIS WILLIS TAYLOR, barrister, has been

He was for a short time a clerk in the office of the solicitor

to the Stamp Office, and was appointed solicitor to that de appointed Registrar of the Liverpool District of the Chancery

partment about the year 1826, and discharged the duties of of the County Palatine of Lancaster, in succession to Mr. James Winckworth Winstanley, resigned. Mr. Taylor is an

| that office for many years with great success. He prepared M.A. of University College, Oxford, and was called to the

(in conjunction with Sir Henry Thring and the late Mr. bar at the Inner Temple in Trinity Term, 1872. He is a

Peter Erle, Q.C.), the Succession Duty Act, 1863, and soon

after the passing of that measure was appointed controller member of the Northern Circuit, and has practised locally

of legacy and succession duties under the Inland Revenne at Liverpool.

Board. Mr. Trevor retired on a pension about fourteen

years ago. DISSOLUTIONS OF PARTNERSHIPS. MARTIN BROWN, and HENRY PLUMBRIDGEJARMAN, solici.

MR. WILLIAM BAKER. tors, 2, Hatton-garden, Dale-street, Liverpool (Browne & Jarman). July 6.

Mr. William Baker, solicitor, late of Taanton, died at WILLIAM GRIMWOOD TAYLOR, ADOLPHUS GRIMWOOD

| Buraham, Somersetshire, on the 27th ult. Mr. Baker was

the son of the late Mr. John Baker, solicitor, of Ilminster, TAYLOR, and CHARLES WEAVER, solicitors, Derby (so far as

where he was born in 1811. He was admitted a solicitor ia respects the said Charles Weaver). July 5. (Gazette, July 9.)

1835, and soon afterwards settled at Taunton, where hs ALFRED CARR, CHARLES ALBERT BANNISTER, JAMES practised until about three years ago. Although he neter HENRY DAVIDSON, and THOMAS MYDDELTON MORRISS, soli held any public appointments, he had a lucrative private oitore, 70, Basinghall-street, London. July 10.

practice, and was highly esteemed in the neighbourhood, (Gazette, July 13.) both for his professional ability and high personal character.

He was a warm supporter of the Liberal party, and was for many years election and registration agent in the borougb of Taunton, Mr. Baker was buried at the Ilmiaster Ceme-tery on the 2nd inst.

Law Students' Journal.

and who are candidates for a pass certificate, have an option of passing in constitutional law, and legal history, or Roman law; common law or equity; and real and personal prop

erty law.
COUNCIL OF LEGAL EDUCATION.

MICHAELMAS EXAMINATION, 1880.
Examination of Candidates for Pass Certificates. I

HILARY EXAMINATION," 1881.
The attention of students is requested to the following

The attention of students is requested to the following rules:

rules :No student admitted after the 31st of December, 1872,

As an encouragement to students to study jurisprudence sball receive from the council the certificate of fitness for

and Roman law, twelve studentships of one hundred call to the bar required by the four Inns of Court unless

guineas each shall be established, and divided equally into he shall have passed a satisfactory examination in the

two classes ; the first class of studentships to continue for following subjects—viz., (1) Roman law; (2) The law

two years, and to be open for competition to any student of real and personal property ; (3) Common law; and (4)

as to whom not more than four terms shall have elapsed Equity.

since he kept his first term; and the second class to conNo student admitted after the 31st of December, 1872,

tinue for one year only, and to be open for competition to shall be examined for call to the bar until he shall have

any student, not then already entitled to a studentship kept nine terms; except that students admitted after that

as to whom not less than four and not more than eight terms day shall have the option of passing the examination in

shall have elapsed since he kept his first term ; two of each Roman law at any time after having kept four terms.

class of such studentships to be awarded by the council, on An examination will be held in October next, to which a

the recommendation of the committee, after every examinastudent of any of the Inns of Court, who is desirous of

tion before Hilary and Trinity Terms respectively, to the becoming a candidate for a certificate of fitness for being

two students of each set of competitors who shall have called to the bar, will be admissible.

passed the best examination in both jurisprudence and Each student proposing to submit himself for examination

Roman law. But the committee shall not be obliged will be required to enter his name, personally or by letter,

to recommend any studentship to be awarded if the result at the treasurer's or steward's office of the Ina of Court to

of the examination be such as in their opinion not to justify which he belongs, on or before Thursday, the 7th day of

such recommendation. October next; and he will further be required to state in

No student admitted after the 31st of December, 1872, writing whether his object in offering himself for examina.

shall receive from the council the certificate of fitness for tion is to obtain a certificate preliminary to & call to the

call to the bar required by the four Inns of Court unless bar; or whether he is merely desirous of passing the

he shall have passed a satisfactory examination in the examination in Roman law under the above-stated rule.

following subjects-viz., (1) Roman law; (2) The law of The examination will commence on Monday, the 18th

real and personal property; (3) Common law; and (4) day of October next, and will be continued on the Tuesday,

Equity. Wednesday, and Thursday following.

No student admitted after the 31st of December, 1872, It will take place in the hall of Lincoln's-inn ; and the

shall be examined for call to the bar until he shall have doors will be closed ten minutes after the time appointed for

kept nine terms; except that students admitted after that the commencement of the examination.

day shall have the option of passing the examination in The examination by printed questions will be conducted

Roman law at any time after having kept four terms. in the following order :-Monday morning, October 18,

An examination will be held in December and January at ten, on the law of real and personal property ; Tuesday

next, to which a student of any of the Inns of Court, who morning, October 19, at ten, on common law; Wednesday

is desirous of becoming a candidate for a studentship, or morning, October 20, at ten, on equity ; Thursday morning,

honours, or of obtaining a certificate of fitness for being October 21, at ten, on Roman law; Thursday afternoon,

called to the bar, or of passing the examination in Roman

law only, will be admissible. October 21, at two, on constitutional law and legal

Eaca student proposing to submit himself for examination history. The oral examination will be conducted in the same

will be required to enter his name, personally or by letter, order, and on the same subjects, as above appointed for the

at the treasurer's or steward's office of the Ion of Court to examination by printed questions.

which he belongs, on or before Saturday, the 11th day of Note.-Only students admitted prior to January 1, 1873,

December next; and he will further be required to state in and who are candidates for a pass certificate, have an option

writing whether bis object in offering himself for examinaof passing in constitutional law and legal history, or Roman

tion is to compete for a studentship, or honours, or of law; common law or equity; and real and personal prop

obtaining a certificate preliminary to a call to the bar, or erty law.

whether he is merely desirous of passing the examination The examiner in the law of real and personal property

in Roman law under the above-stated rule. will examine in the following subjects : The creation,

The examination will take place in the ball of Lincoln'sdevolution, and disposition inter vivos, and by will, of

inn; and the doors will be closed ten minutes after the estates, and interests in and powers over real and personal

time appointed for the commencement of the examination. property, including estates and interests by way of statu.

The examination by printed questions will be conducted tory use, and of trust. Candidates will be examined in the

in the following order : Monday and Tuesday, December 27 elements of the foregoing subjects.

and 28, at ten until one, and from two until five on each day, The examiner in common law will examine in the follow

the examination of candidates for studentships in jurising subjects :-(1) The law of contracts ; (2) The law of

| prudence and Roman law. torts; (3) Criminal law; (4) The procedure in the common

The examination of candidates for honours and pass cerlaw divisions of the High Court of Justice. Candidates

tificates, and for pass in Roinan law only, will take place as will be examined on general and elementary principles

follows :—Wednesday morning, December 29, at ten, on real of law.

and personal property law; Thursday morning, December The examiner in equity will examine in the following

30, at ten, on common law; Friday morning, December 31, subjects:-(1) Trusts; 2) Specific performance. Candidates

at ten, on equity ; Saturday morning, January 1, 1881, at will be examined in the above-mentioned subjects.

ten, on jurisprudence and Roman law ; Saturday afternoon, The examiners in Roman law will examine in the Insti

January 1, at two, on constitutional law and legal history. tutes of Justinian, books 1 and 2; book 3, title 13, to the

The oral examination will be conducted in the same order, end of the book; book 4, titles 1 to 5 inclusive.

and on the same subjects, as above appointed, for the The examiners in constitutional law and legal history

examination by printed questions. will examine in the following books and subjects :-(1)

NOTE.—Only students admitted prior to January 1, 1873, Stubbs' Constitutional History of England; (2) Hallam's

and who are candidates for a pass certificate, have an option Constitutional History ; (3) Broom's Constitutional Law.

of passing in constitutional law and legal history, or Roman Candidates will be examined in No. 1 and No. 3 only. or in I law; common law or equity; and real and personal property No. 2 apd No. 3 only, of the foregoing subjects, at their option,

Jurisprudence, International Law, and Roman Law. Note.-Only students admitted prior to January 1, 1873, Candidates for the studentships will be examined in all

law.

the following subjects :-(1) Institutes of Gaius and Insti house and Maclaren. Mr. Owen spoke upon the motion tutes of Justinian; (2) The Digest 41, title), "De acquirendo from a neutral point of view. Mr. Beaumont-Morice then rerum dominio”; and title 2, “De acquirendo vel replied and a division was taken, and the motion lost by a amittenda possessione”; (3) History of Roman law; (4) majority of five. Principles of jurisprudence, with special reference to the writings of Bentham, Austin, and Maine ; (5) Elements of international law; (6) Principles of private international law. Candidates for honours will be examined in subjects numbered 1, 3, 4, 5, and 6. Candidates for a pass certificate

Companies. will be examined in the Institutes of Justinian, books 1 and 2 ; book 3, title 13, to the end of the book; book 4, titles 1 to 5 inclusive.

WINDING.UP NOTICES. The examiner in the law of real and personal property will

JOINT STOCK COMPANIES. examine in the following subjects : -The creation, devolution, and disposition inter vivos, and by will, of estates,

LIMITED IN CHANCERY. and interests in and powers over real and personal property, BOLSOVER GAS LIGHT AND COKE COMPANY, LIMITED.-Petition for including estates and interests, by way of statutory use, and winding up presented July 5, directed to be heard before V.C. of trust. Candidates for a pass certificate will be examined

Bacon, on July 17. Abbott, Lincoln's inn fields, agent for Black,

Chesterfield, solicitor for the petitioner in the elements of the foregoing subjects ; candidates for FIRTH HOUSE PAPER MILLS COMPANY, LIMITED.-By an order honours will have a higher examination.

made by the M.R. dated July 2, it was ordered that the above The examiner in common law will examine in the follow company be wound up. Emmet and Son, Bloomsbury sq, agents

for Emmet and Walker, Halifax, solicitors for the petitioner ing subjects :-(1). The law of contracts ; (2) The law of

CRAIK'S WAGON WORKS, LIMITED.-By an order made by V.C. torts; (3) Criminal law; (4) The procedure in the common Malins, dated July 2, it was ordered that the winding up of this law divisions of the High Court of Justice. Candidates for above company be continued. Beswick and Co, Bedford row, a pass certificate will be examined on general and elemen

agents for Blakeley, Scarborough, solicitor for the petitioner

JOIN WEBSTER AND COMPANY, LIMITED.-V.C. Malins has, by an tary principles of law; and from candidates for honours the

order dated July 1, appointed Robert Mayo, Birmingham, to examiner will require a more advanced knowledge of the be official liquidator - application of those principles, and a knowledge of leading

OXFORD AND CAMBRIDGE TOILET CLUB, LIMITED.-Petition for decisions.

winding up presented July 5, directed to be heard before the M.R.

on July 17. Lickorish, Walbrook, solicitor for the petitioner The examiner in equity will examine in the following PROPRIETORS OF THE KINGSTON-UPON-HULL AND SCULCOATES Prelic subjects :-(1) Trusts; (2) Specific performance ; (3) Part

Roous:--Petition for winding up, presented July 1, directed to be nership; (4) Mistake and accident. Candidates for honours

heard before the M.R. on July 17. Redpath and Holdsworth,

Bush lane, agents for, Shackles and Son, Kingston-upon-Hall, will be examined in all the above-mentioned subjects. Can solicitors far the petitioner didates for a pass certificate in those numbered 1 and 2 only. SOUTH YORKSHIRE AERATED WATER COMPANY, LIMITED.-Petition The examiners in constitutional law and legal history

for winding up, presented July 8, directed to be heard before the

M.R. on July 17. Pearce and Co, Grocer's hall ct, agents for Leawill examine in the following books and subjects :-(1) royd and Co, Hundersfield, solicitors for the petitioner Stubb's Constitutional History of England ; (2) Hallam's TOPSHAM, WOODBURY, AND LYMPSTONE WATERWORKS ACT.-TheM.R. Constitutional History; (3) Broom's Constitutional Law;

has fixed Monday, July 19, at 12 at his chambers for the appoint

mnet of an official liquidator. (4) The Principal State Trials of the Stuart Period; (5) the

[Gazette, July 2.] concluding chapter of Blackstone's Commentaries, being that “On the Progress of the Laws of England.” Candi CIVIL SERVICE MEAT SUPPLY ASSOCIATION, LIMITED.-V.C. Bacoa dates for honours will be examined in all the above-men has, by an order dated June 12, appointed Alfred Audrey Broad, tioned books and subjects; candidates for a pass certificate Walbrooke, to be official liquidator will be examined in No. 1 and No. 3 only, or in No. 2 and

GENERAL PRODUCE TRADING COMPANY, LIMITED.-By an order

made by the M.R., dated July 3, it was ordered that the above No. 3 only, of the foregoing subjects, at their option.

company be wound up. Merediths and Co, New sq, Lincoln's NOTE.—Only students admitted prior to January 1, 1873, inn, agents for Sibly, Bristol, solicitor for the petitioners and who are candidates for a pass certificate, have an option

GRAFENBERG HOUSE (BARNET) HYDROPATHIC ESTABLISHMENT,

LIMITED.-The M.R. has, by an order dated June 24, appointed of passing in constitutional law and legal history, or Roman John Folland Lovering, Gresham st, to be official liquidator law; common law or equity; and real and personal property LAND AND FINANCE CORPORATION, LIMITED.-Petition for winding law.

up July 10, directed to be heard before V.C. Malins on July 23.

Rushworth and Co, Bedford row
SAINT PETERSBURG NEW WATER
WORKS COMPANY, LIMITED.--Peti

. tion for winding up presented July 10, directed to be heard before INNER TEMPLE.

V.C. Hall on July 23. Young and Co, St Mildred's ct, Poultry,

solicitors for the petitioner The Masters of the Bench have awarded papil scholar

SOUTH YORKSHIRE AERATED WATER COMPANY, LIMITED.-Petition

for winding up presented July 8, directed to be heard before the : ships of 100 gaineas each to the undermentioned students: M. R. on July 17. Peace and Co, Grocers' hall ct, agents for Lea-Equity, Mr. Charles H. Grafton; real property law,

royd and Co, Huddersfield, solicitors for the petitioner Mr. W. Brinton,

WINE AND SPIRIT TRADE COMPANY, LIMITED.-By an order made by In common law po scholarship was V.C. Malins dated July 2, it was ordered that the above company awarded.

be wound up. Maynard, Clifford's inn, solicitor for the said poti. tioner

[Gazette, July 13.] UNITED LAW STUDENTS' SOCIETY.

COUNTY PALATINE OF LANCASTER. On Monday, the 12th inst., a meeting of this society was

LANCASHIRE ROPERY COMPANY, LIMITED.-Petition for winding held at the Law Institution under the presidency of Mr.

up, presented July 6, directed to be heard by the V.C., at bis D'A. B. Collyer, when the following moot was discussed :-“A

chambers, on July 19.' Brabner and Court, Liverpool, Solicitors

for the petitioners collision occurring between an omnibus and a goods van through

[Gazette, ly 9.) the joint and equal negligence of the driver of each, can & passenger in the omnibus who sustains injury thereby maintain an action against the owner of the van? (Thorogood v. Bryan, 8 C. B. 115, 1 S. L. C. 315, 316, 8th ed.).” The discussion was opened by Mr. Mott-Whitehouse in the negative. Mr. The Scotsman announces the death of Mr. W. Wilson, of Tillotson argued in support of, and Messrs. Nelham, Maclaren, the old-established Edinburgh firm of Dundas & Wilsop, Swepstone, and Pickersgill argued against, the opinion of the W.S., which took place at his residence in Melville-street on opener. Mr. Mott-Whitehouse replied, and after the president Thursday week. The deceased was born in 1805, and had summed up a division was taken and the moot decided in had thus attained his seventy-fourth year. He had been the affirmative by a majority of two.

ailing for some months, but may be said to have died in The usual weekly meeting of this society was held on harness. The son of a Writer to the Signet, Mr. Wilson Wednesday, the 14th inst., at Clement's-inn Hall, Mr. B. T. was trained to the same profession, bis education

being conBartrum in' the chair. The motion on the paper was "That ducted at the Edinburgh High School and Universiti this society approves of the expulsion of the Jesuits from Besides taking his share in the extensive business of the France.” Mr. Beaumont-Morice moved the rejection of the firm with which he was through life connected, he loog acted motion, and was supported by Messrs. Derry, Kains-Jackson, as a director of the Scottish

idows' Fund, and as an ordiW Phillips, and Pain, and opposed by Messrs. Mott-White- | nary director of the Royal Bank.

second piece came, with the remaining portion of the 220 Solicitors' Cases. yards now sued for. On receiving the plaintiff's invoice,

namely, on the 24th, the defendants on the same day wrote

to the plaintiff refusing to accept the cloth, on the ground HIGH COURT OF JUSTICE.

that it was not made according to agreement, and that it QUEEN'S BENCH DIVISION.

was too weak to be of any use. The plaintiff replied (Before COCKBURN, L.C.J., and Lopes, J.)

by letter that the cloth had been made parposely for

the defendants, and according to agreement, and that it July 12.- In the Matter of a Solicitor.

would not be taken back. Upon these facts I have como Anstie showed cause against a rule nisi obtained on behalf to the conclusion that this action cannot be supported, and of the Incorporated Law Society, calling upon a solicitor to that upon two grounds-first, that the contraot in this answer the matters of an affidavit. The applicant in the case being executory, no property passed to the defendants case, one Livsey, had instructed the solicitor in question to

until acceptance or approval by them. The law is clear, bring an action against a bank for negligence in having failed that where & chattel is ordered to be made the to advise bankers in London to meet a bill for him on its right of property is not vested in the party who arrival at maturity. Mr. Livsey did not claim to have gives the order, nor the right to the price in the soffered any serious loss, and the matter was settled on the

vendor, until the thing ordered is completed, and has been terms that he sbould be paid £10 10s. and £3 38. costs. The approved of by the purchaser or some poison appointed on fact of this settlement had not been communicated to Livsey, his behalf to inspect the materials and workmanship. In and, indeed, when asked some eight months afterwards by giving judgment in Street v. Bray (2 B. & Ad. 463), Lord the son of the latter how the matter had ended, the solicitor | Tenterden said, “Where an article is ordered from a manyhad told him that he was still in negotiation with the gentle: facturer, who contracts that it shall be of a certain quality or man acting for the bank. The solicitor said that he had

fit for a certain purpose, the purchaser may either refuse to forgotten at this time what the real facts were, and he now

receive or he may return the article as soon as he detects its stated in his affidavit that he had paid the money over in deficiency, and thereby wholly defeat an action for the June last to the trustee in bankruptcy of his client. The price.” In the present case the sale by the plaintiff to the learned counsel said he could not deny that the solicitor had defendants was conditional, to become absolute only opon the been guilty of some negligence and irregularity in the matter,

cloth answering a specified purpose. The defendant, who had but he contended that the case was not one which the court

had experience of the strength required in cloth for the -could look upou as in any way a serious one.

purposes of this particular trade, found by inspection that it W. Murray, who appeared on behalf of the Iacorporated was deficient and would not answer the purpose, and a trial Law Society, called the attention of the court to the fact that

was unnecessary, and the cases show That under such though the money had been paid to the solicitor as far back circumstances the defendants had the right to reject (Andrews as September, 1878, he had only paid it over in June last,

v. Belfield, 2 C. B. N. S., 789; Lucy v. Monplet, 5 H. & N. and that, too, subsequently to the date at which the present 229). In the case before me I am satisfied from the facts rule bad been obtained against him.

tbat the contract between the parties was that the plaintiff COCKBURN, L.C.J., said that, to say the least of it, the was to furnish the defendants with a material suitable solicitor had been guilty of great carelessness. The amount

for the purpose required and described, that it was was very small, and the case was hardly one for suspension, not in the nature of warranty, but in fact The rule, however, would be discharged only on the terms & conditional sale, that it would answer such purthat he should pay all the costs of this application.—Times. pose. Although no trial was made by the defendants

as 10 the fitness of the material supplied, the evidence on that head satisfied me that the defendants had not got that

they had bargained for, and hence there was no contract County Courts.

apon which an implied promise to pay could be raised. The second ground on whicb, if it stood alone, the plain

tiff must fail, arises from the fact that the plaintiff, on an LEEDS.

order for fifty yards, sent 220. The law upon this is that (Before Mr. Serjeant TindaL ATKINSON, Judge.)

where more goods are sent than the parcbaser agreed to

bay, he may refuse to receive any portion of the goods so Feb. 26.-Dovenor v. Hirst & Co.

sent, and is not bound to incur risk or trouble in selecting Executory contract-conditional sale-refusal to receive

some things and sending back others. In such cases the chattel.

seller does not comply with his contract by tendering or His Honour, who had reserved his judgment in this case, delivering either more or less than the exact quantity consaid :- This is an action brought to recover from the defend tracted for (Hart_v. Mills, 15 M. & W. 85 ; Cunants £13 5s. 10d., being the amount claimed for the manu. liffe v. Harrison, 6 Ex. 903). Being of opinion that either facture by the plaintiff of 220 yards of herop sheeting made of these grounds is an answer to the plaintiff's action, to the defendants' order, and wbich sheeting the defendants there must be a verdiot entered for the defendants, with refused to accept. The plaintiff is a linen manufacturer costs. in Leeds, and the defendants carry on the business of grease Dunn, for the plaintiff. extractors at Dewsbury. In the month of August last the Bond, for the defendant. defendant Hirst called at the plaintiff's place of business with a view of ascertaining whether the plaintiff could make a linen cloth suitable for the purpose of extracting under pressure grease from shoddy and similar materials, the defendant describing the kind of cloth wbich had been sup

Quarter Sessions. plied to him for that purpose by a firm at Hull, but whose works were at that time closed. At that interview it was agreed that the plaintiff should, as an experiment, make some

BRIGHTON. cloth such as was required, and that if it was successful future (Before Philip CHASEMORE Gates, Esq., Q.C., Recorder.) orders were to follow. The price was left an open question.

July 9.-Reg. v. Latter. There was a conflict of evidence at the hearing between the plaintiff and defendant as to the number of yards which

Correcting record of verdict. were to be made for the purpose of the experiment, the The prisoner was indioted for stealing fifty-one iron bolts plaintiff alleging it was 220 yards and the defendant 50. and fifty rivets, the property of his master, Job Pack. Upon carefully weighing the facts, I have arrived at the After the recorder bad summed op, the jury did not conclusion that the actual number of yards agreed apon quit the box, but on their turning round was 50, and not 220. On the 14th September the plaintiff Evershed (Clerk of the Peace). -"Gentlemen are you all sent to the defendants' manufactory at Dewsbury a piece agreed upon your verdict ?” of the manufactured cloth containing 105 yards, but as it Several Jurymen.—" We are.” was unaccompanied by any letter or other means of ascer Evershed." Which is your foreman ?" taiping who was the sender, it on the defendants' pre The jury turned about again, and some said, “ We mises untouched until the 24th of September, when the haven't elected one."

« PreviousContinue »