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which had already been referred to the council ; but if General Correspondence.
Mr. Clabon entertaids any doubt as to the expediency of the suggestion, he will probably, upon reflection, change
his mind upon this point, in the same manner as that THE LAW SOCIETY AND PARLIAMENTARY
upon which he admitted his mind had already changed REPRESENTATION.
-namely, the desirability of the registration of mort[To the Editor of the Solicitors' Journal.] gages. I think therefore it is quite probable that upon Sir, -The profession is much indebted to Mr. Grinham further consideration Mr. Clabon will sooner or later be Keen for the practical suggestions contained in the found supporting Mr. Keen's proposal when he brings it papers which have been read by him at some of the formally before the council, which I shall be glad to society's provincial meetings.
hear he will lose no time in doing. It is certainly to be desired that he will not fail to I am fully aware that there are reasons which may be take an early opportunity to bring under the notice of urged against the proposal. If it shall not have been his colleagues on the council the important subject of adopted by the next provincial meeting, Mr. Keen will there being in the House of Commons a member elected do well to prepare a paper dealing with all these objecby the Law Society, or the profession, to whom on all tions and disposing of them, as he will have no difficulty occasions the council will be able to resort for that in doing satisfactorily. It is well sometimes to meet the parliamentary assistance of which as every year passes
objections which your opponent may be likely to raise. they stand more in need, and without which they will At all events I shall be happy, with your permission, to find it exceedingly difficult to carry through those meet any objections that may be raised by any corresreforms to which the president referred in his very pondence in your columns, and I venture to think that admirable address, and which also is so freguently you will be doing a real service to the profession if the required by the council in dealing with matters in which subject should be thoroughly thrashed out by means of they are interested in the House of Commons. Not- correspondence in your valuable journal. withstanding that the resolution suggesting to the It is purely a matter of detail as to whether any such council the desirability of taking action in the matter representative should be elected by the society or by the was withdrawn at Sheffield, M Keen will, I hope, profession, though of course the conduct of the election not cease his efforts until he has secured the co-opera
will be placed in the hands of the council. Surely the tion of the council in procuring for the society and the great influence exercised by the council in many matters, profession a parliamentary representative in any measure
and the vast interest they take in a great deal of the that may be introduced for the redistribution of vacant legislation upon which they are often formally consulted, seats or for parliamentary reform.
are much greater than any interest represented by the The meeting was hardly prepared to adopt at once the London University, now entitled to a member. proposal, which was new to them, contained in Mr. It was playfully remarked by some that Mr. Keen vas Keen's paper, but the remarks of Mr. Broomhead and anxious for parliamentary honours, and hence he was Mr. Walters showed the absolute need that exists for desirous of promoting a measure whereby he might with the society having a parliamentary representative, besides comparative ease obtain a seat in Parliament; but I am the important statements contained in Mr. Keen's paper. quite sure that Mr. Keen will be the very first to Mr. Winterbotham, coming from Stroud, was not likely disclaim any such idea, and I am convinced that to be ready to agree to the suggestions, since, from the he is solely actuated in the proposal he has made political experience he must have had at Stroud, it would by a desire to consult what he feels will materially probe exceedingly difficult for him to suppose the members
mote the best interests of the profession and the comof the society or the profession generally to be so free munity at large. from party feeling as to elect a parliamentary represen
Mr. Keen will probably induce the council at an early tative without endangering the unanimity and good feel date to memorialize the Prime Minister, setting forth ing which have always hitherto characterized the society's
those reasons which seem to show very conclusively that proceedings. Hence it was that for the moment the ob. the proposal is one not only worthy the considera tion servations made by Mr. Winterbotham seemed to carry of, but the adoption by, Parliament. Mr. Keen requires no weight, but when they were discussed subsequently by encouragement from me to induce him to follow any individual members a very generel feeling seemed to be course which he is persuaded is just and right, but I expressed that Mr. Keen's proposal was, after all, more happen to know there were many present at the Sheffield practicable than from Mr. Winterbotham's point of view meeting who felt that his proposal required at least fur. it appeared to be. It may vo doubt be true that the pro. ther consideration, and I trust he will be induced to perfession possesses considerable political power, but then severe with it. that is a power which is purely local, and which the I cannot close this letter without expressing my graticouncil of the society could never claim in aid of their tude for the great liberality shown by the Sheffield Law legislative efforts.
Society, and for the handsome and admirable way in Solicitors now in Parliament have the interests of their which they treated their visitors, and for the perfect own constituents to look after, and their first duty is organization which characterized all their arrangements, towards them.
which so materially promoted the comfort of their It has been a marvel to many how Mr. Gregory, M.P., guests. Mr. Bramley, the energetic honorary secretary, has been able to devote the time he has already given to
is entitled to the warmest thanks of all who attended further the efforts of the council in Parliament. At the meeting.
ONE WHO WAS PRESENT. any moment, by failing health or other circumstances,
Oct. 14. that aid may be withdrawn; besides which, it is essential that a member of Parliament who is to do justice to
FIRE INSURANCE. the vast interests committed to the care of the council, should attend regularly their Friday meetings, that he
[To the Editor of the Solicitors' Journal.] should be fully aware of all their actions and proceed. Sir, Referring to your report of the meeting of the ings, and be ready on all occasions to assist the council Incorporated Law Society, at Sheffield, on Wednesday, in forwarding measures promoted or encouraged by the 6th inst., and to the discussion which took place on them in Parliament. This cannot be done effectually Mr. T. G. Gibson's admirable paper on the above subject, except by a representative distinctly charged with the what I said at the meeting is not quite accurately duty.
reported. It is quite true that the president (Mr. Clabon) was The point I referred to is a most important one to inclined to doubt the wisdom of the proposal, owing solicitors. principally, I think, to the large number of matters The case to which I referred was Rayner v. Prestorin
decided on the 19th of April, 1880, by the Master of the Rolls. The case is reported in the Times newspaper of Cases of the Week. the 20th of April, 1880. The effect of his lordship's decision is that, where a contract has been entered into BILL OF SALE-INJUNCTION TO RESTRAIN SALE.-In for the sale and purchase of property, the property being Longden v. Sheffield Deposit Bank, before Field, J., sitting insured against loss or damage by fire, and between the for the Vacation Judge on the 13th inst., the plaintiff date of the contract and the completion of the purchase moved for an injunction to restrain the defendant from the property is burnt or damaged, the vendor is entitled, selling or removing certain goods comprised in a bill of not only to the purchase-money, but also to the money
sale under the following circumstances :-On the 22nd of received from the insurance office.
June the plaintiff borrowed £300 from the defendant, who It would appear that an insurance effected by the pur- traded as the “Sheffield Deposit Bank,” in consideration
was a moneylender of the name of Kirkwood, but who chaser would not secure him from loss, inasmuch as fire
of a premium of £140. The repayment of the loan and offices will not pay twice for the same loss, although premiom by quarterly instalments of £55 each was they may have received two separate premiums. The secured by a bill of sale which provided that if the suggestion I made at the Incorporated Law Socie y's plaintiff made default in payment of any instalment, meeting was, that contracts for sale and purchase should or failed to pay the rent of the premises where the goods embrace, not only the property agreed to be sold and were, on the days when the same respectively became bought, but also any fire insurance policy affecting it, due, the defendant might immediately enter and sell the and moneys assured thereby and to be and become pay goods, and that the whole £300, together with a premium able thereunder; and that in the event of loss or damage of £140, should at once become due. It appeared that the by fire before completion of the purchase, the insurance plaintiff's rent was dae on the 6th of August, but that it money should be received by the vendor, but that it was usual to pay it at the landlord's rent-dinner in Octoshould be paid to the purchaser on completion and on
ber; and a letter of the 13th of August from the defendreceipt by the vendor of the purchase-money; and that
ant's manager to the plaintiff to the effect that the proin the interim the vendor, the assured, should be a
daction of the last receipt for rent would be satisfactory trustee of the policy and policy-moneys for the pur
was put in evidence. The first instalment under the bill
of sale became due on the 22nd of September, and it was chaser.
actually paid about two p.m. on the following day. The The suggestion that a memorandum indorsed upon plaintiff having on the 21st of September written to the the policy by the vendor assigning his interest to the defendant informing him that a business engagement would purchaser would meet the difficulty, does not appear to render it impossible for him to call at the office of the me to do so. After completion there can be no difficulty "bank” on the 22nd, & clerk of the defendant unless there is gross carelessness.
received the £55, giving a receipt “on account of bill of
sale," and his lordship drew the inferences of fact that The Master of the Rolls, it would appear from the
such payment was made by the plaintiff, and that he was report of the above case, has not apparently much
led by the defendant to believe that it was accepted by sympathy with his lordship's judgment, but appears to
him in respect of the instalment due the previous day. have been fettered by decisions of Lord Eldon and Vice On the morning of the 23rd of September, however, the Chancellor Kindersley.
W. H. HERBERT. defendant had taken possession of the goods comprised in 6a, Vigo-street, Regent-street, W., Oct. 13.
the bill of sale, and he now claimed to exercise his power [Rayner v. Preston is reported 28 W. R. 808.-Ed.
of sale, on the ground that the plaintiff had made default S.J.]
in payment of the rent due on the 6th of August, and of the instalment due on the 22nd of September, and on the
authority of Hill v. Kirkwood (28 W. R. 328), it was con. LOAN BY BUILDING SOCIETY ON SECURITY legal rights of the mortgagee. It was also contended that
tended that the court should not interfere with the strict OF REVERSIONARY INTEREST IN FUNDED
the payment of £55 was accepted generally on account of PROPERTY.
the £440, which, by the plaintiff's default, had become [To the Editor of the Solicitors' Journal.]
payable. FIELD, J., approved of the principle of Hill v.
Kirkwood, but held that the present case was distinguishSir,--At the recent provincial meeting of the Incor able. No doubt a man was bound by a contract he had porated Law Society at Sheffield, upon the discussion deliberately entered into; and, however oppressive and that arose after the paper had been read by Mr. Cleaver, abusive such documents and transactions as those now of Liverpool, upon the case of the Saffron Walden before the court might be, he was bound to refuse the Building Society v. Rayner, I ventured to suggest that plaintiff's motion, unless he could grant it consistently & building society has no right to invest money upon
with the established principles of law and equity. It was security of a reversionary interest in funded property, or,
one of those principles that a man who, by his conduct, in other words, that it would be ultrà vires to do so.
represented to another that a given state of things should be This question does not appear to have been raised upon
continued, was bound by such representation. In the present the hearing of the ease, but possibly some of your readers
case the letter of the 13th of August was a distinct repre
sentation that the defendant was satisfied as to the rent. who take an interest in building society law might con
With regard to the payment of the £55, it was observable sider the point, and thus the question might be ventilated
that the plaintiff wrote on the 21st to the effect that he proin your columns. I am informed that it is not un
posed to pay it on the 23rd. If the defendant had been common now for building societies to advance money dissatisfied with the plaintiff's proposal, he could easily have upon such securities.
G. R. DODD.
given him notice that if he did not pay on the 22nd it would 54, New Broad-street, E.C., Oct. 13.
be too late. No such step was taken, but the defendant on the 23rd kept himself in the background and put forward a junior clerk to receive the £55, craftily adding to the receipt the words " on account of bill of sale." Not a word was
then said to the plaintiff about being too late, or about posThe date for proceeding with the Berwick-on-Tweed session having been taken, but when he got home be found the election petition has been altered from the 18th to the
bailiff in possession of his stock and furniture. The learned 19th inst. The trial will begin at ten o'clock on the judge had no difficulty in holding that the defendant's conlatter day in the Town-hall, Berwick, before Hawkins, J. duct was such as to lead the plaintiff to believe that he had and Lopes, J. The Wallingford petition, which is fixed no intention of taking advantage either of the non-payment of for the 22nd inst., will also be heard before the same rent or of the payment of the £55 being made a few hours judges. The part-heard Worcester (Borough) petition will later than it was actually due, and he should grant an be resumed there on the 26th inst., before Lush, J., and
injunction till the trial.-SOLICITORS, Le Riche & Sons ; H. A. Manisty, J., who will also try the Evesham petition, the Maude. hearing of which is fixed to take place at Worcester on the 30th inst.
MANDAMUS-ABOLITION OF TERMS-VACATION BUSINESS account, August 31 last, and a sum of £15 in the -In Reg. v. Wiltshire Justices before Coleridge, J., and secretary's hands. The invested fund of the associatica Field, J., sitting as a divisional court, the justices and the amounts to £37,157 stock (of which £1,162 19g. 64. Swindon Local Board showed cause against a rule nisi for a stock has been added during the current year, as shown mandamus to take the recognizances of the trustees of the in the last balf-year's account), and consists of £8,700 Rolleston Trust in order to enable them to appeal from a consols, £5,000 Reduced Three per Cents., £19,000 Indis decision of the jastices in petty sessions in favour of the Four per Certs., £4,207 London and North-Western Railway local board. It appeared that the trustees gave notice of Four per Cent. Debenture Stock, and £250 London and St. appeal on the day the justices gave their decision, and were Katharine Docks Four per Cent. Debentore stock, producing informed that there would be no justices in Swindon on together annual dividends amounting to £1,315. The the following day, but that on the next day but one the twentieth anniversary festival of the association was held on same justices would be sitting again in petty sessions, and the 30th of June last, at the Ship Hotel, Greenwich, under at the last-mentioned sitting they applied to the justices to
the presidency of the Right Hon. Sir James Handen, take their recognizances. The justices, however, refused and resulted in a net gain of £459 Os. 4d. to the funds to do so, on the ground that the application had not been
of the association, with an increase of ninety-two new made "immediately," and it was was contended on the members. Referring to the announcement made by the authority of Reg. v. Berkshire Justices (L. R. 4 Q. B. D.
board in their last April report, that by her will 471), that the decision of the justices on that point the late Miss Ellen Reardon, danghter of a de abould not be reviewed. It was also argued that, ceased London solicitor, had bequeathed a share onder the old practice, mandamus conld only
(one-tenth) of her residuary estate to this association to i8gbe during term, and that under the Judicatore
be devoted to some special purpose in furtherance of the Act, 1873, s. 26, and Rules of the Supreme Court, order 62,
benevolent objects of the association with which the the old legal terms were preserved for the purpose of moving
names of certain members of her family sbould be per for a mandamus. The Court made the rule absolute, with manently connected, the board have now to state that a costs against the justices as well as the local board. The scheme for applying the bequest to the purpose of case cited had no application, for the decision there had been
• Reardon Annuities' has been prepared and submitted given by the justices in quarter sessions, who were, themselves, to a friend of the testatrix specially named ander her the judges of law and fact on appeal. In the present case
will, who has approved the same. An action, however, the justices in petty sessions were required to do an act more having been since commenced by the next of kin for tbe ministerial than judicial, in order to found an appeal against administration of Miss Reardon's estate, tbe paymeos their decision, and they had no jurisdiction to decide whether of the bequest is delayed, but as the board have reason the application was in time. Their lordships were of opinion to believe for a short time only. A resolution wbich that the appellants were well within the time fixed by was carried at the last April general meeting of the section 269 of the Public Health Act, 1875; and it was association to the effect that the directors be requested to absurd to say that they must scour the country to find a consider whether any scheme for raising and applying magistrate, when they know that the petty sessions were to money for the education of the children of necessitous solibe held so soon. It was clear that under the Common Law citors could be adopted, has, with the subject in relation Procedure Act, 1854, a mandamus could issue in vacation, thereto, been fully considered by the board, who in connecand it could still do so. As to the costs it was, no doubt, tion therewith have passed the following resolution :unusual to give them against justices; but it was also . That, whilst the directors are unable to see their way to unusual for justices actively to show cause against a manda. establish any special scheme for the education of the chilmus after a distinct notice that they would do so at their dren of necessitous or deceased solicitors, they will be preown risk.-SOLICITORS, Loughborough & Co.
pared to take charge of any sums of money which may be intrusted to them for educational purposes, and to apply the same, or the income thereof, in or towards defraying
the cost of educating such children at such schools or other Societies.
wise, as may be selected by their parents or guardians, and
approved of by the directors.'”' SOLICITORS' BENEVOLENT ASSOCIATION.
The CHAIRMAN, in moving that the report and statement
of accounts should be received, adopted, and circulated in The forty-fifth half-yearly meeting of the members of the usual way, alluded to the deaths of several members of the above association was held in the Cutlers' Hall, Sheffield, the society, which had already been referred to in the halfon the 9th inst. Mr. Sydney Smith (the chairman of the yearly report for April; but at the country meeting they board of directors) presided.
missed several faces which
used to be present at those gather. It was agreed to take the report, which was as follows, ings, especially that of Mr. A. Bain, of Liverpool, who as read :
always brought with bim a long list of new members from his “ The board have much pleasure in presenting this their own cown. They must all regret the departare from this forty-fifth half-yearly report, in which they are glad to be life of that respected gentleman. Lookiog at the report, he enabled to state that the association continues to make pro- thought the society had gone on very fairly during the past gress in prosperity and usefulness. During the past half. half-year. They had obtained 127 new members, and their year 127 new members have been admitted, making, with funds had increased, while the invested capital had been aug. those added during the previous half-year, a total of 171 mented by £40 or $50. · With regard to the “ Reardon new members admitted during the twelve months. The entire Annuities," the directors in their April report suggestǝd that number of members enrolled is now 2,634, of whom 974 thei ncome derived from the legacy when it was obtained are life and 1,660 annual subscribers. Forty-five life should be divided thus :-Two annuities of £50 each, to be members are also annual contributors of subscriptions applied to members' cases, and two annuities of £25 each, to ranging from one to five guineas. The usual abstract of the be eligible for non-members. The directors had not yet accounts, as audited, is appended to this report, from received the money, but he was glad to tell them that they which it will be seen that the receipts during the past had every reason to believe that the action commenced half-year have amounted to £2,141 3s. 9d. ; which, with for administration of the estate would be shortly Found those of the preceding half-year, make a total of £4,278 up and the money paid over to the society. He was not 4s. 10d. received during the twelve months. The board at liberty to say the exact amount which would come have dispensed in relief during the half-year £1,350, into the possession of the society, but he thought it would £605 of which have been distributed among three mem be nearer £5,000 than £3,000, which would be an apprebers and the families of one insane and twelve deceased ciable addition to the capital of the institution. The members, and £745 among eleven non-members and the dinner last summer did not realize so much as was ex. families of fifty deceased non-members; which amounts, pected. He could hardly think that as the society was added to the grants made during the preceding half. at present constituted they could carry out all that was year, give a total of £2,235 applied to purposes of relief wished at the last meeting, but he might say that with among members of the profession and their families all the funds intrusted to the directors they would do during the twelve months last past. A balance of their best to carry out the wishes of the donors. He did £620 17s. 1d. remained to the credit of the association not know that he need refer to the invested capital ; the with the Union Bank of London at the closing of the figures were before the meeting, and he hoped that they
should go on increasing. He certainly should be pleased | local committees of the description named, and the direcif they could increase the number of members. As the tors would like to have more. They were oply too glad to late chairman remarked at Cambridge last year, the appoint local committees where gentlemen were williog to number of members was small compared with the number serve, but hitherto they had found some difficulty in of gentlemen in the profession, and looking at the very forming them. small sum which was necessary to make a solicitor a Mr. Watson (Newcastle) said it would have considerable member, he was amazed that any man, especially a young effect if the board was to bring the matter referred to by man, who had a family depending upon his exertions, Mr. Taylor under the notice of the standing committees of and who did not make money, should refuse to invest one the provincial law societies. If they took the matter ap guinea for the benefit of those depending upon him. the society would be likely to get more members in the He would not detain the meeting further except to express towas where such societies existed. the thanks of the directors to the Sheffield Incorporated The CHAIRMAN said he was much obliged for the suge Law Society for permitting them to hold the meeting in gestion, and when the directors met in London they would that room.
be glad to have it. Mr. John Lewis (Wrexbam) seconded the motion, and The motion was then adopted, and wished to refer to one of the observations which had fallen Mr. W. H. Guest (Manchester) moved that the best from the chairman with reference to the comparatively few thanks of the meeting should be presented to the directors members of the profession of the law who were members and auditors for their services during the past year, and of the society ; and he could not think that it was a liberal that they should be re-elected. profession when there were so few men who could be found Mr. FAKNFIELD (London) seconded the proposition, which to give the small sam of a guinea a year towards relieving was also carried. necessitous members and their families. With regard to On the motion of Mr. Yeomans (Sheffield), seconded by the proposal for education, be thought with another Mr. W. BROOK (London), a vote of thanks was accorded to momber who said at the last meeting that bread and butter the chairman, and this brought the meeting to a close. should be thought of before education. He was really not prepared to go so much with the spirit of the age that the SOCIAL SCIENCE ASSOCIATION. one should be dispensed with in crder to obtain the other. At the Edinburgh meeting on the 7th inst., Mr. WestConsidering in these days of enforced education that it was lake, Q.C., read a paper on the question : "Should the brought within the reach of all classes by means of the law regarding domicile be amended-(A) as to the ascer Board Schools, he thought the society should not employ taininent of domicile by registration or otherwise ; (B) as their funds in providing education for children. They must to the substitution of political nationality for domicile wait until their funds were materially increased.
where practicable, and is it practicable and expedient that Mr. Fraser (London) asked whether, now that the such jamendments should be embodied in international society had invested funds, the directors dealt more liberally treaties ?” with grants than formerly? It was really not a benevolent After defining the legal meaning of domicile, he went society; it was established to relieve cases that might on to consider the question, Should the law regarding arise; therefore it was not right to add too much every domicile be amended by providing for the ascertainment year to invested capital. With regard to the necessity for of domicile by registration or otherwise ? An example of an acquisition to the number of members, he begged to what might be attempted in this manner was given by an say that he always made it his duty to impress upon solici Act of Parliament passed in 1861, he believed on the tors, and especially young ones, with whom he came in con- suggestion of Lord Kingsdown, empowering her Majesty tact, the necessity of their becoming members of the to conclude with foreign countries conventions on the society. If all the members of the society would do the basis of reciprocity by which residence in the adopted same he believed there would be a great increase in the country for one year preceding the death of a testator or number of members.
intestate, together with the public deposit of a written The CHAIRMAN said the directors never refused to give declaration of a desire to change his domicile, should be grants to the utmost, not of their power, but of what their made conditions of a change of domicile for all purposes opinion of the case deserved. Of course, they might take of moveable succession. He submitted that, as between a very liberal view, and give £50 or £100, but the directors the different portions of the British Empire, the scheme gave what they thought the case merited. They were only of the Act of 186) would be a great improvement too happy to give the cases before them all proper consi on the present state of the law, and that since no deration, and to deal with the applicants as liberally as pos convention would be necessary to introduce it to that sible.
extent, steps ought to be taken to introduce it at Mr. A. Taylor (Sheffield) said he did not know whether once. He concluded by suggesting that the laws of Eogland, it was out of order to discuss the question of subscription Scotland, and Ireland, and such British dependencies before the report was adopted, but after the remark which as it might be thought fit to legislate for, be amended fell from the chairman he would wish to ask whether there by an Act of Parliament to the following effect :-1. That had been a committee of solicitors appointed in cach town
to the extent and in the manner that in the countries to solicit subscriptions. At one meeting he saw a note made legislated for the moveable succession of a testator or of one such committee having been appointed, and he thought intestate bas heretofore been governed by the law of his that such bodies should be appointed all over ihe domicile, the same sball in those countries bo henceforth country: He was proud of Sheffield, because a great propor- governed by the law of the State of which he was a sabe tion of the solicitors practising in that town were subscribers ject or citizon, except so far as it may be necessary to reser to the society. Of course this was praising themselves, but to domicile, in consequence of the existence of different they could not help congratulating themselves upon the fact civil laws in one State. 2. That in any of the countries which he had mentioned. It was astonishing to see what a legislated for domicile shall not be acquired for any purpose small number of practising solicitors subscribed to the society of moveable succession unless the testator or intestate shall compared with the large oumber of gentlemen in the profes- bave resided in such country for one year immediately sion who did not subscribe one shilling towards its funds. preceding his death and shall have publicly deposited a There must be some reason for it. They were not going to written declaration of his desire to become domiciled suppose that the profession was illiberal to those among them tbereid, wbo were unfortunate, and he thought that if the society was Mr. C. H. E. CARMICHAEL, in a paper on International to take some more active steps to get in subscriptions they Copyright, drew attention to a recent judgment of the would find the effort would meet with a good reception. With Supreme Court of the United States declaring unconregard to what had been said about education, he wished to stitutional a convention as to trade-marks, and asked say that he quite agreed with what had been said by the whether the judgment, while directly affecting trade-marks, gentleman who had preceded him. There were so many facil. did not also by implication affect copyright? He had no ities for obtaining education afforded to those who were unable desire to prove an affirmative. He would be very glad if to pay for it, that he thought it would be rather travelling the negative was satisfactorily proved. But it did seem out of what the association was intended for to devote its to him necessary to raise the point if only to clear the funds to that cause.
way for future agreement between ourselves and the The CHAIRMAN said that if Mr. Taylor would kindly United States. He gladly acknowledged the apparently look at the report he would see that the society had three steady growth of a public feeling in America favourable
to an international copyright convention; but it seemed to tion with you have not less cause to be grateful to your Honour him obvious that if the power of Congress to legislate on for the kindliness—I may use a stronger word, and say tbe copyright belonged to the same class of Congressional friendliness—with which our intercourse has always been powers as trade-mark legislation, such a convention would regulated. We cannot let this opportunity pass without ex. not at present be worth the paper on which it was written. pressing to you our sense of the manner in which your official Therefore no pains which they could take to ascertain and other business has been transacted. I cannot affect to be the true state of the case would be too great for the im- surprised that your Honour has thought it wise to seek a less portance of the juridical and commercial interests at stake. extended sphere of work, because no one, perhaps, better At the present moment there could be no question that the than Mr. Cautherley and myself is aware of the very great Government of the United States was, through no apparent and, I may add, increasing amount of laborious and refault of its own, not carrying into effect the "obligations sponsible business which has fallen to your Honour's share, of reciprocity" which it had undertaken with a foreign and that does not always appear to the public, because we couotry-riz, France; and in the circumstances of the case, know, as no one else can do, that your Honour's labours do in the face of the decision of the Supreme Court, it seemed evid- not end in this court. Therefore we cannot be surprised, eot that the United States could not carry into effect any such though we may regret, that your Honour seeks a less exobligations with any other foreign nation. The position was tensive sphere of action. Yet in taking leave of us, and in a difficult one, but the sooner the hard facts were faced the going to the scene which awaits your Honour, you will carry better it would be for all parties. It could not be supposed with you the grateful remembrance of every member of the that any State would ask to enter into “obligations of official staff of this court. reciprocity which the other contracting party might at His Honour replied in the following terms :-Mr, Thompany moment be enjoined by its judicature not to carry into son, Mr. Ferns, and gentlemen,–If no other cause existed, effect. Supposing an international copyright convention to it would be scarcely possible, after the kind expressions that be ratified between this country and the United States, and have been addressed to me, to sever myself from my connecsuch convention to be declared unconstitutional, the position tion with this court without feeling a lively sense of regret. of the British author and publisher in America would, he From the earliest period of my taking my seat in this place submitted, be far worse than at the present time.
to the present time I have had, with what has scarcely been an interruption, the great privilege to enjoy that good under. standing between myself and the members of the two
branches of the profession who form the practising bar of THE LEEDS COUNTY COURT JUDGE. this court, without which the administration of justice beOn the 8th inst. Serjeant Tindal Atkinson, who since 1875 that this has arisen from no sacrifice of the independence of the
comes difficult and often painful. It is not too much to say has discharged the functions of judge of the Leeds County advocate on the one hand, or forgetfalness of what was dne Court, sat in that capacity for the last time, having been to the office of the judge on the other. There may have appointed to the Wilts and Dorset Circuit. which his Honour is held
was shown in the crowded condi: been, as thore always will be, occasions when the temper of tion of the court, both branches of the legal profession, interests intrusted to his keeping, as well as that of the
a zealous advocate, earnest, and honest in the discharge of the barristers and solicitors, being numerously represented, and the public portions of the room being well filled. O'n his judge, has been in imminent danger of rising to a white Honour's entrance,
heat, but there is no instance in my memory in which it Mr. Vincent THOMPSON, barrister, addressed him as
went beyond a slight glow, which was extinguished as follows :-I understand that to-day is the last day that we
hastily as it was created. To the able and experienced shall have the pleasure of appearing here while you occupy thanks for the valuable and willing aid I have, whensoever
officers of the court, without exception, I offer my sincere that bench. To allow this occasion to pass without a few words would be as repugnant to my feelings as it would necessary, received at their hands; and I heartily congratbe to those of my brethren at the bar, for whom discharge of new and important duties, his great legal
ulate my successor on the fact that in coming to the I also speak. I feel that very few words will best knowledge and recognized ability will find in this populous befit the situation, and I can only say that we shall long centre of industry, wealth, and enterprize a useful field for bear in mind not only the exertions you have always the employment of qualities which will receive a welcome to the public arrangements, and in giving to them that appreciation from the suitors and practitioners of the cout.
All that remains for me is to thank you very sincerely for unvarying patience and attention which you have the very kind expressions of approval which accompany me always die played, but also the uniform courtesy and attention that you have always shown to my brethren remembered in after days with pleasure, and will serve to re
to the new centre of less arduous labours. They will be of the bar and myself. If we have had anything mind me that the true and only means to secure the approval to say that was worth hearing, your Honour has always and respect of those engaged in assisting in the public adlistened to it, and given all the weight to it that it ministration of justice lies in the direction of the faithfal, deserved. The memory of these most important qualities able, and impartial discharge of the responsible and importin a jadge will long abide in our memories, and we do ant duties which attach to the office of judge of these courts. most heartily wish you long health and happiness, and I can only thank you very heartily. many years of enjoyment of the milder clime and, perhaps, in some respects, the easier work of that district over which you are called to preside. Mr. FERNS, solicitor, followed on bebalf of the solicitors :
Appointments, Gtc. -Sir,-My brethren ingtract me to say a fow words. The judicial attention, the gentlemanly courtesy, the unvarying
Mr. NATHANIEL BAKER, barrister, has been appointed kindness with which both the profession and the public Secretary to the Boston Election Commission. Mr. Baker have been treated by your Honour have, I assure you,
was called to the bar at the Inner Temple in Trinity Term, been so appreciated that they will not soon be forgotten; 1867, and he practises on the Oxford Circuit and at the and wben your Honour retires we shall each and all of us
Gloucestershire and Worcestershire Sessions. feel that we have lost a kind friend. When we take leave Mr. EDWIN GRAY, solicitor, of York, has been appointed of you and you part from us, we all hope we shall not Under-Sheriff for Yorkshire, in succession to his father, be forgotten. You, I assure your Honour, will not be Mr. William Gray. Mr. E. Gray was admitted a solicitor forgotten. We all wish you long life; we wish that the in 1872. pablic where you are going will value your services as Mr. Thomas Wilson MICHELMORE, solicitor, of Bournemach as we do who have so long experienced them ; and mouth, has been appointed Clerk to the Kinson School on behalf of the bar and the public, I wish you « God Board. Mr. Michelmore was admitted a solicitor in 1874. speed." Mr. GRANGER spoke in a similar strain, and
DISSOLUTION OF PARTNERSHIP. Mr. MARSHALL, the registrar of the court, also spoke.
EDWARD SOMERVILLE GIBNEY and GERALD ERNEST JOHN He said: If those who have had occasion to practise before GIBNEY, solicitors (E. S. & G. Gibney), 4, Queen-streetyou have had occasion to appreciate the kindness and courtesy place, Cannon-street, London. Sept. 12 Gerald Ernest which has distinguished your Honour while presiding in that John Gibney will continue to carry on the said business. seat, those who have been brought into official communica.
(Gasette, Oct. 12, 1880.)