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to obtain the injunction had been taken by the plaintiff Cases of the week. since May last.-SOLICITORS, Darley & Cumberland ; Torr
LANDLORD AND TENANT-OUTGOING TENANT REMOVING
HAY AND STRAW-CUSTOM OF THE COUNTRY-INJUNCTION.PETITION-APPOINTMENT OF NEW TRUSTEES-VACATION BUSINESS.-In a case of In re Lawrence's Trusts, a petition was
In a case of Carlyon v. Hayward, also before the Vacation
Judge on the 25th ingt., a motion was made to restrain an presented before the Vacation Judge for the appointment of
outgoing tenant of a farm in Devonshire from selling the new trustees of a will and settlement. An objection was taken that it was not vacation business, as no urgency for the
Lay and straw off his farm. It was contended that he held application was shown. For the petitioner it was alleged
under a lease prohibiting the same, or otherwise that he held that the surviving trustee was eighty-six years of age, and
as a yearly tenant, and was prevented by the custom of the might die at any moment, and therefore that new trustees
country from removing the hay and straw. The tenant should be appointed, or at all events, if the petition stood
had been offered a lease, but had refused to execute the over, the trustee should give an undertaking not to receive
same, and therefore the question depended on the custom any income until the petition was heard. POLLOCK, B., con
of the country. For the defendant two surveyors and sidered that the petition was scarcely vacation business, and
auctioneers of this class of crops etated they said that on the trustee giving an undertaking, he should
knew of no such custom, but for the plaintiff geven direct it to stand over to November. -SOLICITORS, Meredith,
farmers stated it was a well-known castom wbere Roberts, f Mills ; White & Sons.
the property was not held under any agreement. The plaintiff offered to give an undertaking in damages
if the injunction were granted. The defendant submitted METROPOLITAN BUILDING ACT (18 & 19 Vict. c. 122), ss. that the evidence of his witnesses was more trustworthy than 3, 85--TENANT FROM YEAR TO YEAR-OWNER-PARTY | that of the plaintiff's, but if the judge did not believe his WALL-INJUNCTION.--In a case of Max v. Hlains, a motion evidence, then he asked that the motion might stand over was made to discharge an ex parte injunction, obtained under to enable him to get further affidavits from farmers in the the following circumstances :--The plaintiff was the tenant neighbourhood. POLLOCK, B., said, in mercy to the parties of adjoining premises to the defendant, and the latter being he should not allow any further affidavits to be filed. It was desirous of altering his house, bad pulled down a party wall clear in that part of the country if the defendant had held without giving the notice prescribed to be given to all | under a lease, he could not have taken the hay and straw; “owners” of adjoining property under the Metropolitan but as he did not hold uoder any agreement, the question Building Act, 8. 85. The plaintiff claimed to have some depended on the custom of the country. As to such a custom, agreement for a lease, and considering himself entitled to in his experience, you could always get evidence on both notice before the works were commenced, obtained an in. sides, but what pressed with him was the fact that the junction restraining the defendant from proceeding. The defendant had had the benefit of the hay and straw in comdefendant now contended that the injunction was wrong, on ing upon the farm, He thought the existence of the custom the ground that no notice was required to be given to the | sufficiently proved, and as the plaintiff offered an underdefendant, as he was not, according to section 3, an taking in damages, he should grant the injunction asked for "owner" at all, being only a tenant from year to year. until the trial.-SOLICITORS, Coode, Kingdon, & Cotton ; The defendant relied on Wheeler v. Gray (4 C. B. N. S. 584). Walker & Martineau. POLLOCK, B. was of opinion, on the affidavits, that the plaintiff bad no status to apply for the injunction. The interpretation section of the Metropolitan Building Act did not apply to a tenant from year to year, and Wheeler v. Gray
PRACTICE-PRESENTATION OF Petition-INFANTY SETTLE. was conclusive that the owner of a party wall was not under
MENT ACT.-In a case of Re Lightfoot, before Pollock, B., any obligation to give notice to such a tenant. The result of
Vacation Judge, on the 18th inst., an application was made the plaintiff's affidavits was that he had no enforceable agree
that a petition under the Infants Settlement Act might be ment for a lease, and was merely tenant from year to year,
presented that day in order that the consideration of it might and not within section 85. The result was that the injunc
be at once referred into chambers. His LORDSHIP allowed the tion must be dissolved with costs, and there must be an
petition to be at once presented, on the ground that the ininquiry as to any damages sustained by the defendant.
tended husband was ordered on foreign service.-SOLICITOR, SOLICITORS, Hardisty & Rhodes ; G, B. Oliver.
COMPANY-APPLICATION TO REDUCE CAPITAL-VACATION VIBRATION OF ENGINE-NUISANCE-SUFFICIENCY OF IN- BUSINESS. In a case of Re John Harvey Yacht and Ship JURY-INJUNCTION.-In a case of McKenzie v. Yabsley, a Building Company, also before the Vacation Judge on the motion was made to restrain the defendant from working a 18th inst., an application was made to reduce the capital of steam-engine so as to be a nuisance to the plaintiff. The
the company. It was stated that the resolution had been plaintiff and defendant occupied adjoining houses in a street passed on the 18th of July, and an objection was taken by in Bristol, in a neighbourhood where much manufacturing the judge that the application should have been made earlier. went on, and the defendant had erected in May last a four To this it was answered that the resolution took some time horse engine in an outbuilding at the back of his house, im- ) to carry through, and that it would have been difficult to get mediately over certain arches whereon both the houses were the petition presented for the last petition day in the sittings. built. The plaintiff occapied his house and the defendant Eventually his LORDSHIP said to prevent another application used his for the purposes of his business. It was contended on he would now make the order.-SOLICITORS, Philbrick & behalf of the defendant that a very strong case was required
Corpe. to be made out to cause the court to interfere and stop a business, and be referred to Gaunt v. Fynney (L.R. 8 Ch. 8),
PARLIAMENTARY DEPOSIT ACT — VACATION BUSIXESS and Sabine v. North Brancepeth Company (L. R. 9 Ch. 705). It was also submitted that there was here no sufficient
GENERAL ORDER. -An order for the payment out of a parevidence of irreparable injury, and that the motion should,
liamentary deposit was made by the Vacation Judge, and a at all events, stand to the trial. POLLOCK, B., said it was
request at the same time made to his lordship that he would proved that the district where the defendant lived was a manu.
lay down a general rule that such applications should be facturing neighbourhood, that he was entitled to use some
treated as vacation business, and be placed in the paper as a steam-engine, and that it was a nere question of difference as
matter of course. His LORDSHIP said that this would be a to whether a sufficient nuisance was caused. It was not
useful rule, and he accordingly directed that petitions for the established that the working of the engine was detrimental
payment out of parliamentary deposits, where the Acts had
been passed or the Bills thrown out after the last petition to the health of the plaintiff's family, although, no doubt, his occupation was not so agreeable as formerly. In his
| day in the Trinity Sittings, should be placed in the paper for opinion no gofficient case bad been made out for granting
hearing without special leave. an interlcoatory injapction, and therefore the motion must stand to the trial, and the costs would then be dealt with. SALEOF Goods—GOODS IN HANDS OF CONSIGNEE-SPECIFIC To some extent he was influenced by the fact that no steps | PERFORMANCE-INJUNCTION.-In a case of Rowney v. Alder, also before the Vacation Judge, on the 18th inst., a motion over until November, the costs being reserved, and the term was made to restrain the defendant from parting or dealing for the delivery of the statement of claim was extended until with certain goods in their hands, under the following a week after the first motion day in the Micbaelmas circumstances. The defendants, the vendors, resided in Sittings.-SOLICITORS, W. R. Francis ; Shaw & Tremellen, Hamburgb, and the goods were sold to the plaintiffs purchasers in England on the terms of payment by bill at three months. The goods were shipped to consignees in England,
PRACTICE-MOTION TO STAY PROCEEDINGS-PENDING AP. who were made defendants, and on the instructions of the vendors they refused to deliver except for cash.
PEAL-DELAY-VACATION BUSINESS.- In a cage of Hyam v. An interim
Terry, also before the Vacation Judge on the 18th order over to-day had been made, restraining the defendants
inst., a motion was made to stay proceedings under an the consignees from parting with the goods, and the motion
order made by Fry, J., in November, 1879, on the ground was now made to continue that order. The plaintiffs con
that if the order in the meantime were proceeded with great tended that the court had under the Judicature Acts power to grant an injunction in every case in which it is just and
unnecessary expense would be incurred in obtaining
evidence on one of the inquiries wbich was appealed convenient, and that in a case like this, where damages
against. The motion was opposed as not being vacation would be no remedy, as the vendees were abroad, the court had jurisdiction to interfere, and reference was made to the
business, owing to the delay that had occurred in making case of Hart v. Hering (L. R. 8 Ch. 860), the case of a ship.
the motion. It was also alleged that the notice of appeal POLLOCK, B., said this was one of those cases where he
was given after the present notice of motion. One excuse should have been glad if some arrangement could have been
alleged for the delay was that the defendants had proceeded made between the parties for a termination of the dispute on
to draw up the order in July, and that the order to proceed some security beivg given. On the merits, however, he
had only been made by the obief olerk on the 2nd of August. could see no ground for the motion. The case was one of
POLLOCK, B., was of opinion that the motion was not vaos. an ordinary contract for the delivery of goods which would
tion business, and he, therefore ordered it to stand over be satisfied by the delivery of any goods similar to those held
to November, the costs to be then dealt with. He said by the consignees, and not only by the specific goods in
the motion would be no stay to the plaintiffs proceeding their bands. In that respect the case differed entirely from the
| with their order.-SOLICITORS, Abbott & Co; Lewis & case of a ship, like the case of Hart v. Hering. He was, in
Lewis. effect, asked to restrain the defendants from dealing with .goods in which no property had passed to the plaintiffs, and he was unaware of any authority for such a proposition, or
COUNTY COURT STATISTICS FOR 1879. for a specific performance of the contrast, which came to the same thing. It was said the plaintiffs were prejudiced by The annual return as to county court plaints, shows that the foreign contract, and that they would have to go to during the year 1879 there was a steady and progressive Hamburgh for their damages; that was, no doubt, an ele increase in the number of entries, since, inclading the statisment in a case of this kind, but not sufficient to support the tics of the City of London Court, there were 1,044,458 plaints motion. He should, if he acceded to the motion, be going entered in 1877, 1,051,912 in 1878, and 1,067,136 in 1879. beyond any decided case, and he should therefore dismiss the Out of the last-mentioned total 1,050,791 plaints were same with costs. There would be a reference to cbambers entered for sums not exceeding £20, 15,934 were entered for as to any damages occasioned by the interim order. - sums exceeding £20 and not exceeding £50, while 411 SOLICITORS, Wild, Brorone, & Wild; Hollams, Son, & plaints were (by agreement) for sums over £50. The plaints Coward.
under £20 showed a considerable increase as com. pared with the year 1878, but there was a slight falling off
in those for higher amounts. Circuit No. 21 (comprising INJUNCTION - BREACH-MOTION TO COMMIT-HOLDING
Birmingham, Tamworth, and Atherstone) again takes the OUT AS AGENT. - In a case of Ruston v. Loader, also I lead with the total of 42,973 plaints (being an increase of before the Vacation Judge on the 18th inst., a motion was about 2.000). while Circuit 49 (East Kent) shows a return made to commit the defendant for a breach of an injunc. l of only 7,867. In the Birmingham County Court no less tion granted by the Master of the Rolls on the 16th ult. I than $1.882 plaints were entered while "Bellingham and restraining the defendant from holding himself out as a Belford (which are included in Circuit No. 1) each show a partner with the plaintiffs, or as their general agent. The total of only 31. The number of actions determined during ground of the motion was that the defendant bad recently
the year was 624,801, being a decrease of 127 from the sent a notice to the plaintiffs, signed at the foot by him as
aggregate number for 1868. Of these actions 1,138 were agent for and on behalf of the plaintiff's' firm. The defend heard with juries, and 623,663 without. There appears to ant did not appear. POLLOCK, B., was of opinion that a have been more difficulty in enforcing judgments, since breach of the injunction had been committed, but did not 136,724 judgment summonses were issued during the year, wish to commit the defendant in his absence. He, there. and, as compared with 123,275 issued in the previous year, fore, made an order for his committal, but such order was the number of judgment summonses actually heard also rising not to be passed for a week, so as to allow the defendant, from 69,873 to 77,577. Again, 31,418 warrants of commitif possible, to come to terms with the plaintiffs, and so ment were issued, being an increase of 2,631, while the num. avoid his being sent to prison. The defendant was ordered ber of imprisonments rose from 5,687 to 7,927. In many of to pay the costs of the motion.-SOLICITORS, Swann & Co. the country districts no warrants of commitment were
issued during the year, but in the Leeds Court alone there
were no less than 1,942 warrants, and 480 imprisonments; PRACTICE - MOTION TO RESTRAIN INFRINGEMENT OF plaints were entered for £3,513,301, but only £210,474 was PATENT-INSPECTION-DELAY-VACATION BUSINESS.-In a recovered, the costs amounting to £134,542, and the fees to case of Gandy v. Reddaway, also before the Vacation Judge £458,586. The amount of fees varied from £15 at Belford on the 18th inst., a motion was made by the plaintiff to and Soham respectively to £18,230 in the Birmingham Court. restrain the infringement of a patent. It appeared that the The total of equitable actions fell from 639 to 563, and that of writ was issued in June, and the motion was originally Admiralty proceedings from 462 to 402, which included 168 made to the Master of the Rolls on the 23rd of July. On in the City of London Court. There were 1,407 debtors' that day an order was made that the motion should summonses, 196 declarations filed by debtors, 1,108 petitions stand over until November, with liberty to the plaintiff to for adjudication of bankruptcy, and 12,682 petitions (4.2 renew it in the vacation. The motion also went to restrain the increase of 1,717) for liquidation or composition. There publication of a circular issued in January last, and also for were 41 appeals to the High Court by special case, and ou inspection. No fresh ground for the renewal of the motion | by motion, and 40 writs of certiorari for the removal of was stated to have arisen since the order of the Master of the proceedings ; 883 actions were remitted from the High Court Rolls except as to the inspection, which it was stated was (136 being actions of tort), the Westminster Court having necessary to enable the plaintiff to prepare his statement of again the largest share of this class of business. The jadges claim, which he was under terms to deliver at the end of sat upon 8,283 days during the year (a decrease of 109 days), the vacation. The objection was taken that there was no the minimum of 107 days being represented by the jadge of reason why the motion should be renewed in vacation. Circuit No. 31 (South-West Wales), and the maximum of POLLOCK, B., adopted this view, and refused to make 340 by the two judges of Circuit No. 6, and out of this any order on the motion. The motion, therefore, stood | number 282 days were occupied at Liverpool alone.
MR. JOHN DAVID BELL,
Mr. George ARTHUR FLOWERS, solicitor, of Steyning, Mr. John David Bell , barrister, standing counsel to the
has been appointed Clerk to the County Magistrates at Government of India, died at Calcutta, on the inst.
that place. Mr. Flowers was admitted a solicitor in 1875, Mr. Bell was the youngest son of Mr. George Joseph Bell,
and is also olerk to the Bramber Sewers Commissioners, advocate, professor of law at the University of Aberdeen,
and to the River Adar Navigation Commissioners. and he was born in 1824. He was called to the bar at the Mr. John EDWARD HALL, who has been appointed one of Middle Temple in Easter Term, 1848, when he joined the the Revising Barristers for Nottinghamshire, in succession to Home Circuit, but a year or two later he proceeded to Cal Mr. William Cole Beasley, Q.C., is a graduate of Queen's cutta, where he practised with much success.
College, Oxford. He was called to the bar at Lincoln's. back to this country about ten years afterwards, and enjoyed inn in Trinity Term, 1862, and he practises on the Midfor some time a lucrative practice in Indian appeals before land Circuit, and at the Leicestershire and Northamptonthe Privy Council, and for a few months he held the office
shire Sessions. He was formerly one of the staff of the of professor of Indian jorisp rudence at King's College, WEEKLY REPORTER, and he now reports for the Law London. Mr. Bell was one of the founders of the Positive Reports in the Court of Appeal. Mr. Hall is the author of Life Assurance Company, and he was the first chairman of
a work on “ Profits à prendre and Rights of Common." that body. Three or four years ago be returned to Calcutta and very soon after his arrival he was appointed
Mr. RICHARD HARRIS, who has been appointed one of the standing counsel to the Government, which office he held Revising Barristers for Lincoloshire, in succession to the until bis death.
Hun. Edward Chandos Leigh, resigned, was called to the bar at the Middle Temple in Miobaelmas Term, 1864, and
he practises on the Midland Circuit, and at the Central MR. CHARLES JAMES GARBUTT.
Criminal Court, and the Middlesex and Birmingham SesMr. Charles James Garbutt, solicitor, of Newcastle. sions. He is author of “Hints on Advocacy." upon-Tyne, Morpeth, and Rothbury, died at Grove House, Mr. William John Irving, solicitor and notary, of New Gosforth, Northumberland, on the Ilth inst., after a short Windsor, has been appointed a Commissioner to administer illness. Mr. Garbutt was born in 1844. He served his
Oaths in the Supreme Court of Judicatore. articles with Mr. John Alderton Bush, of Newcastle, and Mr. John Scott, of 60, King William-street, and he was admitted a solicitor in Easter Term, 1869, when he obtained the prize of the Honourable Society of Clifford's-inn. He had practised for over ten years at Newcastle and Morpeth,
Companies. and he had been for some time registrar of the Rothbury County Court (Circuit No. 1). Mr. Garbutt_had been for about two years a member of the Newcastle Town Council.
WINDING.UP NOTICES. He leaves a widow and two children,
JOINT STOCK COMPANIES.
LIMITED IN CIIANCERY.
COMMERCIAL DISCOUNT COMPANY, LIMITED.-The M.R. has, by an MR. ALFRED TENNANT.
order dated Aug 7, appointed Joseph John Saffery, Old Jewry Mr. Alfred Tennant, solicitor, of Hanley, Leek, and
chambers, to be official liquidator in the place of Henry Croysdill,
deceased Stone, died at bis residence, Fern Lea, Sidmunth-road, PATENT LIONITE MANUFACTURING COMPANY, LIMITED. - Petition Newcastle-under-Lyme, on the 14th inst. Mr. Tennant for winding up presented Aug 18, directed to be heard before Baron
Pollock, in the court of V.C. Malins, on Sept 1. Lumley and was born in 1835, and was admitted a solicitor in 1861,
Lumley, Old Jewry chambers, solicitors for the petitioner having been articled to his elder brother, Mr. Edmund
[Gazette, Aug. 20.) Tennant, with whom he was originally in partnersbip,
COCKSHEAD COLLIERY COMPANY, LIMITED.-By an order made by although for the last few years he had carried on business
V.C. Hall, dated Aug 3, it was ordered that the company be wound
up. Carritt and Son, Fenchurch st, solicitors for the petitioner alone. He had offices at Hanley, Leek, and Stone, and he OSSEIN TANNING COMPANY, LIMITED.--Petition for winding up, bad at one time a large petty sessions and county court presented Aug 19, directed to be heard before Pollock, B., on Sept practice, being a ready speaker and possessed of great
i. Abrahams and Co, Old Jewry, solicitors for the petitioner
Norti BUCKLEY COLLIERY AND FIREBRICK COMPANY, LIMITED. -taot in the management of cases. In 1875 he was appointed Petition for winding up, presented Aug 21, directed to be heard by the late Mr. William Spooner, judge of connty courts,
before Pollock, B, on Sept 1. Layton and Jaques, Ely pl, Holborn, to be registrar of the Hanley, Burslem, and Tupstall
for Lancaster and Wright, Bradford, solicitors for the petitioner
[Gazette, Aug. 24.] County Courts (Circuit No. 26), and he was also distriot
FRIENDLY SOCIETIES DISSOLVED. registrar at Hanley under the Judicature Acts. Mr. Ten Court Pride OF THE CRown, No. 1147, ANCIENT ORDER OF pant leaves a widow and several children. At the sitting FORESTERS' FRIENDLY Society, George Inn, Winslow, Bucks. of the Hanley County Court, on the 20th inst., the judge,
PRUSSIAN HERMITS' FRIENDLY AND BENEFIT SOCIETY, Duke of Mr. Henry Holroyd, paid a high tribute to Mr. Tennant's
Wellington, Wood st, Old Brompton, Kent. Aug 17 personal character, and testified to the ability with which
[Gazette, Aug 20.] he had discharged his duties as registrar of the court. He was buried at Endon Church on the 17th inst., a large number of professional and other friends being present at the funeral.
MR. ROBERT WILLIAM WHITELOCK.
WAKEFIELD. Mr. Robert William Whitelock, solicitor, of Workington, (Before Mr. Serjeant TindaL ATKINSON, Judge.) died at tbat place, on the 17th inst., from congestion of the brain, after a few hours' illness. Mr. Whitelock was born
Tuesday, Aug. 17.-Dawson v. Worth. in 1841. He served his articles with Mr. William Paitson,
Trade Union Society, 1871, s. 4–Right to recover subscriptions of Whitehaven, and he was admitted a solicitor in 1864.
and contributions from members. He formerly practised at Whitehaven, bat a few years ago In this case, in wbich judgment had been reserved, his be removed to Workington, being about the same time ap Honour said:- This is an action brought by Henry Dawson pointed clerk and solicitor to the Workington Local Board and another, trustees of the No. 9 Lodge of the West of Health and Urban Sanitary Authority, and he resided Yorkshire Colliery Engineers' Matual Protection Associaand practised at the latter place until his death. He was tion, to recover from Christopher Worth the sum of 138., a perpetual commissioner for the county of Camberland,
for twelve weeks' contributions to the funds of the society. and although comparatively a young man he had succeeded The defendant had been for some time a member of the in acquiring a lucrative practice. Mr. Whitelock's society, which is registered under the provisions of the prematare death has caused a general feeling of sorrow in Trades Union Act (34 & 35 Vict. c. 31), and may the district. He was buried at Gilcrux on the 20th inst. be taken in the fullest meaning of the term to be
a trades avion; and the single question raised before MORTON, ROBERT, Burton-on-Trent, Engineer. Sept 29. Robinson me is, Can such a society maintain an action to recover
v Carmichael, M.R. Layton, Budge row, Cannon st subscriptions or contributions froin its members ? The
RICHARDS, MATILDA, Twitton, Kent. Sept 22. l'Anson v Cassann,
M.R. Gregson, Angel ct, Throgmorton st Trades Union Act (1871) declares, by section 3, that the Rodd, Francis, Northill, Cornwall, Esq. Sept 21. Rodd v Rodd, purposes of any trade union shall not, by reason merely
M.R. Cowlard, Launce ston they are in restraint of trade, be unlawful, so as to render
SHAW, MARGARET, Otley, York. Oct 1. Hastie v Jackson, V.C.
Malins. Greene, Leeds void or voidable any agreement or trust; but the word SHERLOCK, CHARLES WILDE, Southwell, Notts, Esq. Oct 1. Sher. “agreement” in this provision is, by a late case, Rigby v.
lock v Sherlock, V.C. Bacon. Newton, Newark-upon-Trent Connol (49 L. J. Ch. D. 328), confined to cases in which the
SLACK, WILLIAM, Sutton, Cheshire, Yeoman, Oct 21. Phillips
Slack, V.C. Hall. Henstock, Macclesfield union is possessed of property, and seeks to deny or deprive SMITH,'EMILY, Eccleshall, Stafford, Schoolmistress. Oct 1. Beunion one or more of their body of his or their rightful share. v Brindley, V.C. Bacon. Rex, Stafford Before the Act of 1871, which for the first time made a
WREY, Sir BourCHIER PALK, Tawstock, Ilfracombe, Bart Sept trades union a legal society, it was not a crime punishable
22. 'Sargeant v Smith, M.R. Smith, Norfolk st, Strand
SMITH, JAMES, Clairville House, Old Brompton, Gent. Sept 3). by law for the officers of such a society to malappropriate its Loughnan v Worman, V.C. Hall. Pemberton, Lincoln's inn fields funds. The injustice of this state of things was at last
YOUNGS, JONATHAN HOLLOX, Feltwell, Norfolk, Farmer. Sept 21, brought home to the Legislature, and to cure a great evil the
Protector Endowment Loan and Annuity Company » Young Act of 1871 was passed, which, while it gave with one hand,
M.R. Read, Mildenhall
(Gazette, Aug 13.] denied with the other. It gave such societies the right to acquire property, and to punish the parties who abstracted it; but by the 4th section, it prohibited the coorts of law
CREDITORS UNDER 22 & 23 VICT. CAP. 25. from entertaining any legal proceeding instituted with the
LAST DAY OF CLAIM. object of directly or indirectly enforcing or recovering BILLAM, EPHRAIM, Matlock, Derby, Gent. Sept 25. Redfen, damages for the breach, among others, of any agree
Chesterfield ment for the payment by any person of any subscription
BOWYER, Edward, Hartlepool, Durham, Eating-house Keeper. Og
4. Hodgson and Kay, Hartlepool or penalty to a trades union. The present action is BRANTON, ESTHER, Derby. Oct 9. Cooper and Abney, Derby expressly brought to recover such a "subscription.” In BUTLER, GEORGE, Draycote, Worcester, Timber Dealer. Sept 21, the judgment of the Master of the Rolls, in the case
Hancock and Hiron, Shipston on Stour
EMMOTT, MARY ANN, Golborne rd, Notting hill, Licensed Victualler. cited, he observes--"I do not think that the Legislature Sept 27. Baddeley and Sons, Leman st ever intended, looking to the terms of the Act of Parlia ERIKSON, ADOLF MATTHIAS, Great Grimsby, Lincoln, Ship Broker. mnent, to enable the courts to interfere on behalf of the Oct 10. Jackson, Kingston upon Hull members of these societies for the purpose of getting that
FormBY, CHARLES, Frindsbnry nr Rochester, Lime and Cement
Merchant. Sept 30. Gorton, Bedford row relief inter se with respect to rights and liabilities arising GAUNT, Averill^, Aston, nr Birmingham. Sept 8. Haftas and from their rules." This being the construction of the Weekes, Birmingham statute as applicable to cases in which the claim arises
HITCHCOCK, WILLIAM, Chitterne All Saints, Wilts, Solicitor. Seps
12. Smith, Furnival's inn out of an agreement for the payment by a member of the JARVIS, David, Chadwick rd, Peckham rye, Wine and Spirit Mer. union of his subscription to the common fund, I am, as chant. Sept 30. Rae, Mincing lane judge of an inferior court, bound to follow it, and there
JONES, GRACE, Pendlebury, nr Manchester. Oct 1. Slater and Co,
Manchester must, therefore, be a verdict for the defendant. With
KINGHAM, MARIA, Sparsholt, Berks. Sept 29. Crowdy and Son, regard to costs in this case, I have considered whether Faringdon this was one io which I ought to depart from the general LEAF, ROBERTA Sophia, Albion st, Hyde Park. Sept 14. Abbott rule that, except in special cases, the costs should follow
and Co, New inn
LIPSCOMB, WILLIAM Borcr, Clapham rd, Contractor. Oct 3). the verdict. It occurred to me that when a member of a Carrit and Son, Fenchurch st society, some of whose objects, although not enforcible in Milner, Henry, Bilton with Harrogate, Hotel Proprietor. Aug 31. law, were in themselves highly praiseworthy, such as
MONEY, DAVID INGlis, Petersfield, Southampton, Esq. Sept 15, assistance from a special fand set apart for sickness, Albery and Lucas, Midhurst absence from employment, and death-that when a member NICHOLSON, Francis, Weymouth, Sept 14. Cowlard and Chowne, bad determined to secede from the society, he ought, in
Lincolu's inn fields
PALLANT, HENRY, Bloomsbury st, Bedford sq, Coachroaker. Seps fairness to his fellow-members, to give the earliest notice 15. Constantino, Knowle rd, Brixton provided by the rules of the society, otherwise he might, Phillips, Sir BENJAMIN TRAVELL, Vere st, Cavendish 69, Retired in the case of sudden misfortune, make a claim opon the
Major-General. Sept 30. Twisden and Co, Russell sq. funds at the very time he had in his mind resolved not to
Trewoon, Cornwall, Cooper. Sept 11. Coode
and Co, St. Austel continue to subscribe to them. It appears to me that where PRITCHARD, WALTER, Grosmont, Monmouth, Blacksmith. Oct 31. such a state of things exist the parties are not on equal
Watkins, Pontypool terms, and that I am justified in departing from the usual
Raules, Chevalier Joan, Camden rd. Səpt 30. Boxall and Boxall,
Chancery lane rule and to order that in this case the verdict in the de ROBERTSON, PHILLIS, Brighton rd, Surbiton. Aug 23. Waller and fendant's favoor must be entered without costs.
Durham, Kingston on Thames Lodge, for plaintiff.
SECRETAN, ELIZABETI, Elgin crescent, Notting hill. Oct 9. Robins
and Peters, Guildhall chambers, Basinghall st Burton, for defendant.
Taylon, Thomas Terrett, Stoke Bishop, Gloucester, Merchant.
Oct 15. Brittan and Co, Bristol
Ovans and Co, Potter's fields, Tooley st
WHEELER, THOMAS, Uffington, Berks, Powder Maker. Sept 29.
(Gazette, August 13.) CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOF.
Abram v Abram, V.C. Malins. Sharp, Warrington
v Rothwell, M.R. Ellis, Wigan
HOUSE OF LORDS. v Young, M.R. Hale, St Mildred's ct, Poultry CRAWLEY, MARY ANN, Lee. Sept 30. Dillimore v Driffield, V.C.
AUG. 19.-BILL READ A FIRST TIME. Bacon. Parker and Co, St Michael's alley, Cornhill
BILLS IN COMMITTEE.
Bastardy Orders, Consolidated Fund (No. 2) (both passed Hall v Halí, V.C. Malins. Saxelbye, Kingston-ipon-Hull
through Committee). Hussey, WILLIAM Davy, Stoke Abbot, Dorset, Yeoman. Sept 30.
BILLS READ A THIRD TIME. Hussey v Hussey, V.C. Malins. Leigh, Beaminster
Private Bills.-Yarmouth Union Railway, Brentford Johnson, JAMES, Mount Congleton, Cheshire, Gent. Oct 15. Man. chester and Liverpool Banking Company v Beales, V.C. Bacon.
and Isleworth Tramways, Skipton and Kettlewell Railway, Reade, Congleton
South-Eastern Railway. Mears, Mary Ann, Leamington. Oct 26. Hawkesford v Goole,
AUG. 20.-BILL READ A SECOND TIME. V.C. H Cicld and Co, Lincoln's inn fields
Post Office Money Orders.
BILI, IN COMMITTEE.
Fraudulent Debtors (Scotland) (passed through Com. Moore, V.C. Hall," Wadsworth, Nottingham
Legislation of the week.
BILLS READ A THIRD TIME.
AUG. 24.-BILL READ A SECOND TIMÈ,
THE WINTER ASSIZES.
Orders in Council have been issued in pursuance of the Post Office Money Orders (passed through Committee). Winter Assizes Acts, 1876 and 1877. It is directed (subject
to certain modifications and exceptions) that the jurisdiction HOUSE OF COMMONS.
of the justices and judges of the Central Criminal Court at AUG. 19.-BILL READ A THIRD TIME.
any session of oyer and terminer or gaol delivery, held PRIVATE BILL.-Elementary Education Provisional Order or continued for the Central Criminal Court district in Confirmation (London).
the months of October, November, and December, 1880, or AUG. 20.-BILL IN COMMITTEE.
January, 1881, shall extend to such parts of the county of Hares and Rabbits.
Sarrey as is not now included in the Central Criminal AUG. 23.-BILL READ A THIRD TIME.
Court district. Other orders constitute the following Elementary Education Provisional Order Confirmation Winter Assize Counties : - Cumberland and West(London).
moreland as Winter Assize County No. 1, the assizes to be AUG. 25.—BILLS IN COMMITTEE.
held at Carlisle ; the Northern and Salford divisions of Lan. Ground Game (name altered from Hares and Rabbits) cashire, as County No. 2, assizes at Manchester ; the North (passed through Committee), Savings Bank (No. 1).
and East Riding Division, and the West Riding Division of BILL READ A THIRD TIME,
Yorkshire and the city of York, as County No. 3, assizes at Merchant Shipping (Carriage of Grain).
Leeds ; Lincolnshire, Nottinghamshire and the city of Lincoln, as County No. 4, assizes at Nottingham ; Derbyshire, Leicestersbire, and Rutland, as County No. 5, assizes at Lei
cester; Northamptonshire, Bedfordshire, and BuckingLegal News.
hamshire, as County No. 6, assizes at Northampton ;
Norfolk and Suffolk, as County No. 7, assizes at Norwich; A correspondent of the Times, under the signature of “C.," Huntingdonshire and Cambridgeshire, as County No. 8, writes as follows with regard to the Employers Liability assizes at Chesterton ; Hertfordshire, and so much of Essex Bill :—Some fifty years ago the courts of law laid down as is not within the Central Criminal Court district, as that it was an implied term in every contract of hiring County No. 9, assizes at Chelmsford; Sassex, the city of that the person hired took the risk of any negligence in a Canterbury, and so much of Kent as is not within the Central fellow-workman. This was not an unreasonable sup
Criminal Court district, as County No. 10, assizes at Maid. position in itself, and it was probably not antrae in fact, stone ; Oxfordshire and Berkshire, as County No. 11, assizes as things then stood. But there cannot continue to be an
at Oxford ; Worcestershire, Herefordshire, Monmouthshire, implied term in contracts where one of the parties to the Gloucestershire, and the city of Worcester, as County No. 12, contracts distinctly repudiates the existence of any such
assizes at Gloucester; Shropshire and Staffordshire, as term. That is now the position of the workmen. They County No. 13, assizes at Stafford; Hampshire, Wiltshire, say, in substance, that whatever express contracts they and Dorset, as County No. 14, assizes at Winchester; Devon may be willing to make, they have not made, and do not
and Cornwall, as County No. 15, assizes at Exeter; Somerset. choose to have it asserted that they have made, a contract
shire and the city of Bristol, as County No. 16, assizes at containing this implied term. It appears to me that this Bristol; Cheshire, Montgomerysbire, Merionethshire, Caris the crucial question which the Legislatore have to
narvonshire, Anglesea, Denbighshire, and Flintshire, as meet, and that it would be better either to meet it directly County No. 27, assizes at Chester; and Glamorganshire, or else to leave the law as it stands. The present Bill
Carmarthenshire, Pembrokeshire, Cardiganshire, Brecon, does not meet the question. It proposes to substitute for Radnorshire, the borough of Carmarthen, and the town of the implied contract which the workmen disavow another Haverfordwest, as County No. 18, assizes at Swansea. special parliamentary contract which neither employers nor employed have ever entared into, which they probably do not understand, and w' ich, in numberless cases, will BIRTHS, MARRIAGES, AND DEATHS. be found in practice to be so irksome to one, or other, or both of the parties that mey will at once begin to contract
BIRTH. themselves ont of the Act. My proposal would be to get rid LEE.On August 22, at 11, Gloucester-square, the wife of of the judge-made law of implied contract by a short enact
L. Yate Lee, barrister-at-law, of a daughter.
MARRIAGES. ment, that where a workman would otherwise be entitled
PICKFORD - BrookE.— On August 18, at Sibton Church, to an action for negligence against his employer, he shall not William Pickford, barrister-at-law, to Alice Mary, daughter be defeated merely the circumstance that he and the person of John William Brooke, of Sibton Park, Suffolk. actually causing the injury were in a common employment ; | RICHMOND-SKRINE.-On August 17, at Claverton, near with a declaration that this enactment is not to interfere with Bath, Douglas Close Richmond, barrister-at-law, to Ethel any express contract on the subject which the employed and Emily, daughter of H. D. Skrine, of Warleigh and Claveremployer may make. The result of such an enacte ment would be that every employer and workman West-Cave.- On August 18, at Chislehurst, Stephen Henry would make the contract which would be suitable
West, barrister-at-law, to Edith, daughter of L. W. Cave, for the particular employment.
DEATH. set up a system of insurance ; another would indicate
BELL.-On August 15, at Calcutta, John David Bell, of Multhe particular servants for whose acts alone he would be
nath, Dulwich Wood Park, Upper Norwood, barrister-at-law, answerable. Some might exclude particular risks, or make and standing counsel to the Government, aged 56. the liability or freedom from liability enter as an ingredient into the amount of wages. The employers and workmen are best able to understand their own work and their own interests. They are quite competent to make their own bargain
LONDON GAZETTES. on equal terms and to regulate, so far as it is right to do so, the rate of wages by the amount of risk incurred. It may be
Bankrupts. said that a contract may, as the Bill stands, be made to super
FRIDAY, Aug. 20, 1880. sede the Bill. My answer is that the moral and social effect
Under the Bankruptcy Act, 1869.
proofs of debts to the Registrar. where Parliament merely removes legal difficulties and invites
To Surrender in London. parties to make their contracts in the way that best suits Butcher, William, Imperial Hotel, Holborn Viaduct. Pet Aug 16. them is very different from the effect of a Bill which makes,
Murray. Aug 31 at 12
Hurwitz, Abraham, Portsdown rd, Maida Vale. Pet Aug 10, Hazlitt as it were, a parliamentary contract for the parties and then
Sept 2 at 12 drives them by its inaptitude to make stipulations Salisbury, Robert Bell, jun, Cannon st, Timber Merchant. Pet Aug against it. I cannot think that the present Bill, if it passes, 16. Murray, Sept 2 at 11.30 can settle this question, and it may not be too late to suggest
To Surrender in the Country.
Blandy, Henry, Nottingham, Surgeon Dentist. Pet Aug 16. Patchitt, a more lasting solution of it.
Nottingham, Sept 4 at 10