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, Sutton-on-Hull, York. Dec 18 at 1 at Pcetemgate, Kingston-upon-Hull. Watts,

Smith, Charles. Heywood, Lancaster, Chemist- Dec 13 at 3 at the

Wheatabeaf Hotel, Kennel st, Man cheater. Watson, Bury Smith, George, Brampton, Cumberland, Brewer. Dec 13 at 3 at Scotch Arms Inn, Brampton. Forster, Brampton

, Thomas, Withersdane, Kent, Farmer. Dec 10 at 3 at Saracen ", Hotel, Ashford. Collard, Canterbury Tain, Joseph, Kidderminster, Worcester, Market Gardener. Dec 10

at 3 at offices of Thursfleld, Swan st, Kidderminster Taylor, Joseph, Salford, Lancaster, Grocer. Dec 10 at 3 at offices of

Addleshaw and Warburton, Norfolk st, Manchester Tenniswood, Thomas, Middlesborough, Stonemason. Dec 13 at 11

at offices of Wilkes, Zetland rd, Middles bo rough Thomee, Eric Alarie, Cambridge Villas, Notting hill, out of busines. Dec 14 at 2 at Guildhall Tavern, Gresham st. Ingle and Co, Threadneedle st

7" ^-ne, Ellen Mary, Vaunton, Somerset, Draper. Dec 10 at 12 at tiA^nd Hotel, Broad st, Bristol. Kite. Taunton

Thorp, Martha Ann, York, Grocer. Dec 7 at 3 at offices of Ridgway and Bidgway, Wellington st, Batley

Tom ling, Edward James, Lingfield rd, East Grinstead, Parchment Manufacturer. Dec 2 at 12 at offices of Chapman, London wall

Torratt, Walter, Tunstall, Stafford, Grocer. Dec 9 at 3 at offices of Llewellyn and Ackrill, Piccadilly st, Tunstall

Town, William, Halifax, out of business. Dec 8 at 3 at offices of Boocock, Silver st. Halifax

Walker, Charles John, and Alexander Geary McKenzie, jun. Birmingham, Merchants. Dec 13 at 12 at offices of Beale and Co, Waterloo st, Birmingham

WaUis, Charles Wallis, Haslingfield, Cambridge. Farmer. Dec 13 at 3 at offices of Synionds, Bene't et, Cambridge

Wallwin. William, North Wingfield, Derby, Grocer. Dec 13 at 11.30 at the Angel Hotel, Chesterfield. Thurman and Slack, Ilkeston

Wurman, Henry, Thetford, Norfolk, out of business. Dec 6 at 12 at

jfficea of Kent, St Andrew's hall plain. Norwich Warner. George, Lakenham, Norwich, Commission Agent. Dec 0 at

1 at offices of B;ivin and Daynes, Exchtingo st, Norwich White, Frederick William, Crowle, Lincoln, Clerk in Holy Orders.

Dec 8 at 2 at the Angel Inn, Doncaster. William and Graham,

Lawrence PouLtney hill, Cannon Bl Willatt, William, Smallthorpe, Stafford, Grocer. Dec 9 at 11 at

•-trices of Julian, Queen's ctuncrs, Liverpool rd, Burslem Vv* 1 I jams, Shadrach, Aston, nr Birmingham, Brass Foundor. Dec 8

a: 3 at offices of Jatjues, Temple row, Birmingham York, William, and Zachariah York, Oldbury, Builders. Dec 10 at

11.30 at offices of Shakespeare, Church st, Oldbury Toxafl, Charles, Fenton, Stafford, Publican, Dec 4 at 11 at

the Copcland Arms Hotel, Stoke-upon-Trent

Tuesday, Nov. 30, 1SS0. V - n, Alexander, Edwin, Lodging-house Keeper, Clifton, Bristol,

Dec 9 at 12 at offices of Brittan and Co, Small st, Bristol .lmiit»«e, Ge >rge, Hudderstield. Cloth Finisher. Dec 16 at 11 at

Seta* of Berry, Market place, Huddersfield &&gshsvw, Noah, Old Brad well, Buckingham, Grocer. Dec 13 at 12

at Victoria Hotel. Wolverton. Hull, Newport Pagnell Barlow, Richard, Runcorn, Chester, Grocer. Dec 13 at 11 at offices

<f BeesleT, High st, Runcorn Be'.l. James, Farnborough, Southampton, Grocer. Doc 15 at 2 at

- tfices of Eve, Victoria rd, Aldershot Ls.rch, Benjamin Thomas, King's Lynn, Norfolk, Brushmaker.

Dec 13 at LI30 at offices of Beloe, New Conduit st, King's Lynn,

Norfolk

l.-ri ■•ft, Elizabeth, Cefncoedcymmer, Breconshire, Licensed Victualler. Dec 10 at 1 at offices of James and Co,

High st

-Tidfll

lar^es, Colchester, Essex, Hair Dresser. Dec 14 at 12 at 4£cc» of Church, Colchester i .wley, William Simpson, Nethcrwood-road, West Kensington

r irk. Builder. Dec 13 at 1 at Mitre *ert, Temple. Baron 1t;t, Edward Ernest, Siddington, Gloucester, Horse Dealer, E>ec 10 at 2 at Queen's Hotel, Swindon Station. Mullens and Co, 1 recce*ter

Ley, Benjamin, Accriugton, Lancaster, India Rubber ManufacDec 1* at 3 at Spread Eagle Hotel, Corporation st, Mancb.es-r. Barlow, Accrington -—en, Alfred, Cambridge, Brewer. Dec 16 at 11 at offices of Wayjaa. Silver st, Cambridge

eld, John, sen, Ramsgate, Kent, Carrier. Dec 13 at 3 at the and George Hotel, Ramsgate. Edwards, Ramsgate

el, Newtown, Bradford-on-A von. Butcher. Dec 20 at of Uodway, Fore st, Trowbridge

* ■, Stafford, Royalty Master. Dec 10 at 3 at ■, Priory st, Dudley

1 of Stokes and

i-aiey, George Alfred, Chatsworth rd, Clapton pk, Provision Mercians. Dec T* at 3 at offices of Christmas, Waibrook 1 Samuel, Scarborough, York, Builder. Dec 10 at 3 at the

E-;;. Hotel Scarborough. Crowther, Scarborough 1 >cjr, Samuel, Heckmondwike, York, Printer. Dec 15 at 3 at ^Ves of Sykes, Heckmondwike

* th, Blackpool, Lancaster, Mineral Water Manui at 3 at offices of Grundy and Co, Booth, st Man

12 at

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Delamere, Thomas, Stalybridge, Lancaster, Refreshment Caterer. Dec 16 at 3 at the offices of Nuttall and Son, John Dalton st.

Denton. Annie Gertrude, Birmingham, Coal Dealer. Dec 10 at 3 at offices of Wright and Marshall, New st, Birmingham

Denton, Henry, Holywell, Flint, Licensed Victualler. Dec 10 at II at offices of Mwyndeg Evans, Well st, Holywell

Dunkley, Edwin, Clayton, near Newcastle-under-Lyme, Gentleman. Dec 10 at 11 at offices of Fenton, Lad lane, Newcastle-under-Lymc

Dunn, Richard, Liverpool, Draper. Dec 13 at 3 at offices of Nordon, Victoria st, Liverpool

Faster, Charles William, Eastbourne, Sussex, Tailor. Dec 14 at 3 at offices of Champion, Robinson and Poole, Tenninus rd, Eastbourne

Fairer, Joshua and Edwin, Pudsey, near Bradford, Wool Extractors. Dec 16 at 11 at offices of Moore, Albion chambers, Hustlerjjate, Bradford

Ford, Jane, Stratford-upon-Avon, out of business. Doc 15 at 3 at Seven Stars Inn, Stratford-upon-Avon. Lane, Stratford-uponAvon

Franklin, Joseph, Hanbury st, Spitalfields, Boot and Shoe Manufacturer. Dec 21 at 2 at offices of Pratt and Norton, Old Jewry chambers. Montagu, Bucklersbury

Freeland, George, Tonbridge, Kent, Seedsman. Dec 11 at 11 at Angel Hotel, Tonbridge. Palmer, Tonbridge

Frost, George, Congleton, Chester, Licensed Victualler. Dec 13 at

11 at Park st, Congleton

Gardner, Francis, Bid well, Nottingham, Licensed Victualler. Dec 14 at 11 at Assembly Rooms, Low pavement, Nottingham. Martin, Nottingham

Gurr, Ishmael, Frittenden, Kent, Farmer. Dec 15 at 12 at Railway Hotel, Headcorn. Hinds arid Son, Goudhurst

Hall, Joseph, Hove, West Brighton, no occupation. Dec 11 at 1 at 145, Cheapside. Mills, Brighton

Hands, Henry John, Thomas Tyler Powell, and James Cooke, Birmingham, Tanners. Dec 10 at 3 at offices of Corbet and Co, Church st, Kidderminster

Hooper, Esther, Worcester, Boot and Shoo Manufacturer. Dec 10 at 11 at offices of Bently, Foregate st, Worcester

Hopkins, George, Southampton, Boot Manufacturer. Dec 8 at 4 at offices of Watts, Albion pi, Southampton. Staniland, Southampton

Hough, Edward, King's Cross rd, Licensed Victualler. Dec 17 at 1

at offices of Poole, Bartholomew close Hudson, William, Staunton-upon-Wye, Hereford, Farmer. Dec 14

at 4 at 37, Hi«h Town, Hereford. Corner Johnson, Frederick, Hulme, Manchester, Provision Merchant. Dec

13 at 3 nt offices of Simpson, Kennedy st, Manchester Johnston, Joseph, Brunt Broughton, Lincoln, Farmer. Dec 13 at 2

at offices of Pratt and Hodgkinson, North gate, Newark-upon

Trent

King, Thomas, Old Compton st, Soho. Dec 10 at 2 at Guildhall

Tavern, Gresham st. Chapman, London Wall Lakin, James, Birmingham, Stationer. Dec 13 nt 2 at offices of

Spyer and Son, Winchester House, Old Broad st. Reece and Co,

Birmingham

Land, Samuel, Twycross, Leicester, Farmer. Dec 20 at 1 at Midland

Hotel, Burton-upon-Trent. Cooper and Chawner, Utoxeter Lawrence, Nathan, Hunter st, Enston rd, Wholesale Optician. Deo

9 at 2 at offices of Rubenstein, Raymond bigs, Gray's inn Lazenby, John William, Huddersfield, Grocer. Dec 13 at 11 at offices

of Milnes and Swift, New st, Huddersfield Lemay, Allan, Blackman st, Newingtou, Hosier. Dec 13 at 12 at 145,

Cheapside. Shearman, Gresham st Levans, George, Middleton, Lancaster, Joiner. Dec 13 at 3 at offices

of Dnvies, Clcsrg st, Oldham Lines, Albert, Puulswalden, Hertford, Publican. Dec 14 at 12 at

offices of Oakes, Market pi, Hitchin Living, Robert Josiata, Great Chesterford, Essex, Miller. Dec 14 at

12 at offices of Ellison and Co, Alexander street, Petty Cury, Cambridge

Lyman, Joseph, West Bromwich, Stafford, Grocer. Dec 14 at 11 at

"offices of Jackson and Sharpe, High st. West Bromwich Mahony Charles, Dewsbury, York, Dentist. Deo 14 at 3 at offices of

Mitcheson, Union st, Heckmondwike Mann, Charles Edwin, Brighton. Furniture Dealer. Dec 15 at 3 at

offices of Goodman, North st, Brighton Marsh, James, Leigh, Lancaster, Cool Merchant. Dec 14 at 11 at

offices of Hargreaves, Dickinson st, Manchester Maynard, George Edward, Wakefield, York, Joiner. Oct 11 at 10.30

at offices of Iansons and Co, Barstow sq, Wakefield McKenzy, Geary, inr, Birmingham, Merchant. Dec 13 at 12.30 at

offices of Marigold and Co, Waterloo Bt, Birmingham McMahon, Joseph, Liverpool. Provision Merchant. Dec 13 at 3 at

offices of Cowl, South John Bt, Liverpool Mallin, Samuel, Birkdale, Lancaster, Ironmonger. Dec 14 at 3 at

offices of Best, Wright st, Southport Martin, Robert Slater, and William Martin, Ely, Cambridge.

Farmers. Dec 30 at 11 at offices of Deacon and Wilkins, Cross st,

Peterborough

Middleton, William, Kingston-upon-Hull, Grocer. Dec 6 at 11 at offices of Pickering, Parliament st, Kingston-upon-Hull

Mills, Inkerman, Hastings, of no occupation. Deo 10 at 4 at Provincial Hotel, Hastings. Hare Old Broad st

Mills, Matthew, Warwick, Baker. Dec 10 at 12 at offices of Sanderson, Church st, Warwick

Mobsby, James, Greenwich rd, Grocer. Dec 20 at 2 at offices of Perry, Guildhall chambers, Basinghall st

Morrell, John, Birmingham, Baker. Dec 13 at 3 at offices of Barlow Waterloo st, Birmingham

Newton, John, Grove rd, Brixton, Fire Brick Merchant. Dec 13 at 3 at offices of Tidy and Tidy, Sackville st, Piccadilly

Nicholson, Hedley Robert, Sunderland, Grocer. Dec 16 nt 1 at offices of Hoyle and Co, Collingwood stf Newcastlo-upou-Tyne

Oliver, Jam en, Barnstaple, Grocer. Dec 9 at 3 at* Castle Hotel, Castle wt, Exeter. Floud

Pace, Albert, Hulme, Manchester, Outfitter. Dec 16 at 3 at offices of Oram and Co, Peter st, Manchester

Fage, Thomas William, Southampton, Saddler. Dec 15 at 12 at

offices of Peters and Co, Castle-lane, Southampton Falmer, Nathaniel, Chatteris, Cambridge, Farmer. Dec 21 at 11 at

offices of Fosters and Co, Trinity st, Cambridge Partridge, William, Edgbaston, Birmingham, Builder. Dec 10 nt 12

at Queen's Hotel, Stephenson pi, Birmingham. Whatcley and Co,

Birmingham

Pendred, Warren, Wellingborough, Northampton, Innkeeper. Dec 21 at 11 at offices of Sharman and Jackson, Oxford st, Wellingborough

Price, Charles, Montgomery, Farmer. Dec 11 at 2 at Castle Hotel, Bishop's Castle. Marston and Sons, Ludlow

Pritchett, John, and James Davies, Birmingham, Builders. Dec 15 at 3 at offices of Fallows. Cherry st, Birmingham

Pryor, Alfred, and John William Pryor, Penryn, Cornwall, Wholesale Grocers, Dec 14 at 2.30 at offices of Jenkins, Post Office bldgs Falmouth

Pym, Richard, Clarence place, Deptford, General Merchant. Dec 13 at 2 at the Guildhall Tavern, Gresham st. Howard and Shelton, Threadneedle st

Quigloy, Hugh Joseph, Liverpool, Boot Maker. Dec 20 at 12 at the New Exchange bldgs, George yd, Lombard st. Gasquet, Queen st, Cheapeide

Hawkins, William Henry, Barclay rd, Walham gn, Wine Merchant.

Dec 7 at 2.30 at offices of Jonas, Bruton st, Bond st Robinson, Thomas Hope, Old Broad st, Merchant. Dec li at 12 at

offices of Plunketfc and Leader, St Paul's churchyard Rough, David Ramsay, Manchester, Woollen Merchant. Dec 10 at 3

at offices of Bowden, King st, Manchester Rutherford. Robert. Newcastle-upon-Tyne, Luncheon Room Keeper.

Dec 16 at 11 at offices of Scott, Whitehouse buildings, Pilgrim st,

Newcastle-upon-Tyne Shepherd, William, Seymour pi, Milk Seller. Dec 1-1 at 12 at offices

of Sampson, Marylebone rd Southgate, Woodhouse, Wall Heath, Stafford, Licensed Victualler.

Dec 14 at 12 at offices of Willcock, Queen st, Wolverhampton Steel, Alexander, Wandsworth rd, Oil and Colourman. Dec 9 at 10

at the Mason's hall Tavern, Mason's avenue. Rashlcigh, Borough

High street

Steer, George, Chapel st, Pentonville, Oil and Colonrman. Dec 14

at 2 at the Mason's hall Tavern, Mason's avenue, Basinghall st.

Bassett, Peckham Rye Stephens, John, Bulley, Gloucester, Bott and Shoe Naker. Dec 16

at 11 at offices of York, Berkeley st, Gloucester Stevens, William Joseph, Valentine rd, Hackney, Grocer. Dec 7

at 3 at 12 Bishopsgate st. Cridge, Bishopsgate st Within Stocking, Frederick William, Gayfordrd, Shepherd's bush, Builder.

Doc 13 at 4 at 161, Edgware rd, Hyde pk. Hortin Thomas, John, Rhosymuon, Cardigan, Farmer. Dec 11 at 2 at

offices of Pugh, Bridge st, Abcrayron Thornton, John Hirst, Leeds, Be iding Manufacturer. Dec 10 at 3at

the Creditor's Association, Park row, Leeds Thurston, John William, Winchester, Licensed Victualler. Dec 10

at 3 at 3 at the Black Swan Hotel, High st, Winchester. Shuttc,

Southampton

Tranah, Edward Arthur, Newcastle-upon-Tyne, Hotel Keeper. Dec 14 at 12.30 at Tranah's Hotel Ingham pi, Shieldfield. Waistell, Northallerton

Turner, Joseph Brooke, Lockwood Hnddersfield, Woollen Cloth
Manufacturer. Dec 13 at 3 at George Hotel, St. Georges sq, Hud-
dcrsfield. Berry, Hudderslield
Vendrell, Firmin, Gracechurch st. Hair Dresser. Dec 13 at 11 at

offices of Angch and Co, Gresham st Wahlman, Michael, Hoxton sq, Hoxton, Boot Machinist. Dec 14 at

3 at offices of Sydney, Coleman st Westoby, William, Goxhill, Lincoln, Farmer. Doc 10 at 1 at Angell

Inn, Brigg. Stead and Sibree, Kingston-upon-Hull Westward, Joseph, Rowley Regis, Stafford, Fruiterer. Dec 10 at 11

at offices of Addison, High st, Brierley Hill White, John. West Bromwich, Stafford, Florist. Dec 13 at 11 at

offices of Jackson and Sharpe, High st. West Bromwich WilliHms, David, Wombourne, Stafford, out of business. Dec 10 at

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To Her Majesty, the Lord Chancellor, the Whole of tbe Judicial I
Corporation of London, Ac,

SOLICITORS* AND REGISTRARS' GOWNS.

Barristers' And Queen's Counsel's Ditto, CORPORATION ROBES UNIVERSITY I CLERQY GOWNS, LC

ESTABLISHED 1689.

94. CHANCERY LANE. LONDON.

LAW.—Wanted, a Situation as Junior Clerk, to assist in the copying and engrossing and general office work. Highest references and testimonials.—Mr. White, 1, St. James'bgardens, Queen's-creBcent, N.W.

WANTED, a Clerkship where Advertiser could gain experience in Shipping Law. Admitted last year, Anxious to work hard. Well up in Common Law and Bankruptcy. Salary a minor consideration.—Address, J. W. 60, Messrs. Deacons, 151, Leadenhall-street, E.G.

SCHWEITZER'S COCOATINA,

Anti-Dyspeptic Cocoa or Chocolate Powder.

Gnu ran teed Fare Soluble Cocoa of the Finest Quality, with the excess of fat extracted.

The faculty pronounce it " Ihe raont nutritions, perfectly digestible bpventse fcr Breakfast, Luncheon, or Supper, and invaluable for Invalids and Children."

Highly commended by the entire Medical Press.

Bring without sugar, spice, or other admixture, it suits all palates, Jieeps better In all climates, and is four times the strength of cocoas Tbickbned yet Weakened with starch, &c., and In Bjcality Cheap its Limn such Mixtures.

Made instantaneously with boiling water, a teaapoonful to a Breakfast Cup, costing less than a halfpenny.

Cc < Oatina A L*. Vanillk is the moat delicate, digestible, cheapest Van;.iia Chocolate, anu may be taken when richer chocolate is pretVhited.

In tin packets at Is. 6d., 3s., Ss. Gd,, &c, by Chemists and Grocer*,
Charities on Special Terms by the Sole Proprietors,
;H. SCHWEITZER fc CO., 10, Adam-street, London, W.C.

WANTED, Clerkship in a Solicitor's Office. Five years' general experience. Moderate snlary required.— Address, P. S. Young, *' Solicitors' Journal" Office, 52, Careystreet, W.C.

XJil ANTED, by a Solicitor (lately admitted), a

V V Clerkship in a well-established town or country firm. Experience chief object.—Address, F., 129, Gower-street.

MR. MEADOWS, of Bond-court-chambers, Walbrook, London, Solicitor, Author of "Questions on Conveyancing and Real Property Law," continues to Read Privately with Articled Clerks preparing for the Intermediate, Final, and Honours Examinations.

rro SOLICITORS.—A Married Physician, living

thirty miles from London, requires a Boarder (Invalid or otherwise) ; every home comfort. Failing the above, his two daughters desire to educate two young children. Terms £200 per annum. Liberal bonus to gentleman procuring above.—Chibveg, St. Bartholomew's Hospital, London.

MTO SOLICITORS and Others.—Furnished Rooms,

suitable for Arbitration, Meetings of Creditors, &c.—For particulars apply at Inquiry Office, 57 and 53, Chan eery-lane, W.C.

>pO SOLICITORS and Others.—Furnished or Un

-1- furnished Offices to be Let in new buildings, Nob. 57 and 58, Chancery-lane.—Particulars to be obtained at Inquiry Office, 57 and Chancery-lane, W.C.

ACITY SOLICITOR havinBlarper Offices than he requires, in an excellent position, will let part furnished. An arrangement coul •are of Mr. Norini

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EVIDENCE.

AGENTLEMAN, who has had the entire charge of several heavy cases in litigation, and who has just returned from a tour round the world, which he has made on behalf of an eminent firm of Solicitors in Lincoln's-inn, havinir brought to n successful issue the object of his mission, is prepared ti • UNDERTAKE the GETTING UP of EVIDENCE, and the obtaining of reliable information in any litigious matter of importance. He has very exceptionable facilities for obbuning information iu London; is personally acquainted with every town of importance in Great Britain and Ireland; and has trustworthy Agents in all parts of America, India, Australia, and New Zealand. He does not solicit work which would fall within the province of, or could be undertaken by, an ordinary clerk, and may be treated in any matter intrusted to him, so far as confidence and secrecy are concerned, one of the firm; and as ho undertakes but one matter at the time he is prepared, as hitherto, to devote his whole and undivided, at tention to it. The Advertiser wishes it understood that he accept-: instructions exclusively through the medium of the Legal Profes sion, and any firm of Solicitors may avail themselves of his service, without its ever being known, should ftuch be dceimd advi&a&U t i] what actual capacity he is acting in the matter.

For obvious reasons the Advertiser does not here give hie nam> and address, but will bo happy to furnish (to Solicitors only) al particulars and references to firms of the highest standing- o] receipt of communication, or he will be happy to wait ]>ersonivll upon any Solicitor in the United Kingdom at his (the Advertiser**^ own expense upon receipt of a ropiest so to do,—Solicitors tvi please address, Legal, 117, Choncery-louc, W.C.

LONDON, DECEMBER n, 1880.

CONTENTS.

CrsiiTT Topics 109

Wsxn or Elegit or Goods 110

Kxicrnoy on Goods Of A Compant Ill

Kin.vT Decisioxs 113

Reviews 113

Gexehal COBE5PO!rnXIffCE 115

Cases Ot The Week

Challinor, Bx parte 116

Yeatman, Kx parte 116

Sheard, Ex parte 116

Stanbank, In re 116

8eear v. Lawson .. 116

Hampshire Cfl-operativeMilk Company, Limited, The, In re.. 117

Post v. Marsh 117

Cockbom v. Edwards 117

Bird v. Harris 117

ClMS BETORE TUB Bawkruptct Rrgistbars:

Davie, Re 118

Plan.pie, Re 118

Locke, Ex parte, Re Pennington •• 110

Solicitors' Cases 119

OBrrCAIT 121

Law STrDEjrrs' .tofexal 122

Legal Appolxtmrxts # • 122

CoXPAXIES 122

Creditors' Clajhs 123

Corn Pipers 123

Loxnox Gazettes, &c, Ac 123

CASES REPORTED In The WEEKLY REPORTER.

AlbicE Life Assurance Society, The, In re (App.) 109

Aahton v. Shorrock (Ch.Div. M.R.) 117

Aflatt v. Major, Ac., of Southampton (Ch.Div. M.R.) 117

Boistv. Bridtre (Ch.Div. M.R.) 117

Evwn, Appellant; The Overseers of Mold and others, Respond.

raw (Q.B.Div.) 122

Ham*. In re. Jacaon v. Governors of Queen Anne's Bounty

(Cb.Div. M.R.) 119

Bouses, Ex parte. In re Holmes (Bkcy.) 121

Loess v. Dicker I App.) 116

Oceanic Steam Navigation Company (Limited), The, v. Snther

berrv (App ) 113

"Savernalce," The (Adm.Div.) 123

Eeearv. Lawson (App.) 100

"Tales," The'Adm.Div.) 123

Tenant and others v. Ellis, Kjsslinghury, & Co. (Q.B.Div.) 121

Wiaspear v. Accident Assurance Company (Limited) (App.) ..116 Wye Valley Railway Company v. Hawes (Ch.Div. V.C.H.) .... 120

CURRENT TOPICS.

Tee Lobd Chancellor will sit on Monday afternoon next at the House of Lords, after the rising of the Court of Appeal, to continue the hearing of the patent case, which has occupied him already two afternoons in the present month.

It Has Been Arranged that the Lord Chancellor will on Saturday visit the building of the Royal Courts of Justice, in order to ascertain the progress of the works and the nature of the accommodation proposed to be afforded in the courts.

Thb Appellate Jurisdiction Act, 1876, provides that whenever any two of the paid judges of the Judicial Committee have died or resigned, her Majesty may, upon an address from both Houses of Parliament, representing that the state of business in the High Court of Justice is such as to require the appointment of an additional judge, appoint a new judge of the High Court. It is worthy of consideration whether this

provision should not be amended so as to apply upon the death of any one of the paid judges of the Judicial Committee, so as to enable the salary of the late judge of the Judicial Committee to be appropriated to furnishing additional strength to the bench of the High Court. While we think the policy of refusing without urgent necessity to increase the number of the judges is a sound one, it must not be forgotten that since the transfer of three of the judges of the High Court to the Court of Appeal, Parliament has made further claims upon judicial time by requiring election petitions to be heard before two j udges; and the present unavoidable but lamentable scarcity of judges is certain to give rise to a block of business resulting in an outcry against our legal system.

Mr. Forster's Circular to the Irish magistrates appears to be mainly based upon the Irish statute, 15 & 16 Geo. 3, c. 21, which was passed in 1775, "to prevent and punish tumultuous risings of persons within this kingdom, and for other purposes." The preamble of the statute recites that it has frequently happened of late years in different parts of this kingdom that several persons, calling themselves Whiteboys and others, as well by night as in the day-time, have, in a riotous, disorderly, and tumultuous manner, assembled together, and have abused and injured the persons, habitations, and prop, erties of many of his Majesty's loyal and faithful subjects, and have taken and carried away their horses and arms, and have compelled them to surrender up, quit, and leave their habitations, farms, and places of abode; and have with threats and violence imposed sundry oaths and solemn declarations contrary to law, and solicited several of his Majesty's subjects by threats and promises to join with them in such their mischievous and iniquitous proceedings; and have also sent threatening and incendiary letters to several persons, to the great terror of his Majesty's peaceable subjects." The Act (among many other provisions) makes it a misdemeanour for persons to assemble by night armed with firearms or any offensive weapon, or disguised in any manner, or with any particular badge, dress, or uniform not usually worn, or assuming "any particular name or denomination not usually assumed by his Majesty's snbj ects upon their lawful occasions." Another section makes it a felony to rise or assemble in the manner before mentioned, and to wilfully or maliciously shoot at, maim, or disfigure any person or persons; or to send a letter (with or without fictitious names) threatening to injure any person or property; or to unlawfully compel (or attempt by force, threats, or menaces to compel) any of his Majesty's subjects to quit their habitation, farm, place of abode, or lawful employment.

The Master Of The Rolls, during the hearing of the appeal of Bird v. Harris on Wednesday last, gave an important explanation of the observations of Lord Eldon on solicitor's retainer in Wright v. Cattle (3 Mer. 12), to which we recently referred (ante, p. 66). He pointed out that when Lord Eldon said that if " there is nothing but assertion against assertion, the court will say that the solicitor ought to have secured himself by having an authority in writing," he meant "where there is only the assertion of one man against the assertion of another man." Lord Eldon did not mean that where there is the assertion of the client on one side, and the assertion

of two credible men on the other side, the solicitor must show a written retainer. This, if we may venture to say so, is in accordance with common sense, and is not inconsistent with the remarks of Lord Lanqdale in Allen v. Bone (4 Beav. 493), where he said that "if the solicitor's authority is disputed, it is for him to prove it, and if he has no written authority, and there is nothing but assertion against assertion, the court will treat him as unauthorized, and he must abide by the consequences of his neglect." We take it, therefore, that, for the future, whenever a solicitor's retainer to commence proceedings is denied, and the solicitor is unable to show a written retainer, yet if he can produce any evidence of the retainer to corroborate his own assertion, the question of retainer will be, so to speak, at large ; and will be decided by the court as a question of fact upon the evidence. This was the course taken by the Court nf Appeal in the case of Bird v. Harris, in which the recent decision of Vice-Chancellor Bacon was reversed.

The Death of Sir James Col Vile occasions the first vacancy among the paid judges of the Judicial Committee of the Privy Council which has arisen since the passing of the Judicial Committee Act, 1871 (34 & 35 Vict. c. 91). There appears to be no power to appoint a successor to the late judge. Section 1 of the Act empowered her Majesty to appoint four paid members of the Judicial Committee, with power to fill any vacancies among them " from time to time within two years after the passing of this Act," but the new judges were to "hold their offices subject to such arrangements as may be hereafter made by Parliament for the constitution of a Supreme Court of Appellate Jurisdiction." Section 14 of the Appellate Jurisdiction Act, 1876 (39 & 40 Vict. c. 59), recites that the power given by the Act of 1S71 of filling vacancies in the offices of the persons appointed members of the Judicial Committee under that Act " has lapsed by efflux of time, and her Majesty has no power to fill any such vacancies," and goes on to provide that, after the occurrence of two vacancies among the paid judges of the Judicial Committee, her Mnjesty may appoint a third Lord of Appeal in Ordinary; and that on the death or resignation of the two remaining paid judges, her Majesty may appoint a fourth Lord of Appeal in Ordinary. Since section 6 of the Act of 1876 provides that " a Lord of Appeal in Ordinary shall, if a Privy Councillor, be a member of the Judicial Committee of the Privy Council, and, subject to the due performance by a Lord of Appeal in Ordinary of his duties as to the hearing and determining of appeals in the House of Lords, it 6hall be his duty, being a Privy Councillor, to sit and act as a member of the Judicial Committee of the Privy Council," it appears to have been contemplated that there would be a practical fusion of the appellate jurisdiction of the House of Lords and Privy Council.

At Length the solicitors of the City of London are enabled to breathe more freely. Mr. Commissioner Kebb has got a new object of animosity, and just as the erection of a lofty neighbouring building is some preservative against lightning, so it is hoped that the creation of a new enmity may servo to divert the thunderbolts of the learned commissioner from the solicitors. If this is not a correct analogy, we would put the matter in another way. If, as the commissioner says, he has acquired "a very strong opinion " about the working man, we cannot but hope that the extreme strength of the opinion he has hitherto entertained about solicitors may have been somewhat diminished. It seems reasonable to suppose that only a certain amount of dislike-force can be resident within any moral mature, and if that force is divided over two objects, it must be weakened in its intensity. We cannot help feeling,

however, some diffidence in thus limiting the mora}' intensity of the learned commissioner, and we shall not feel happy till he has declared the working man to be the greatest impostor of the day. At present he has only said that he is " one of the greatest impostors of the day."'

Attentive Beadebs of the Law Reports' head-notes may be led to doubt whether the Judicature Acts have entirely succeeded in extinguishing the various courts which were in existence prior to the year 1873. It is stated in the head-note to Stoomvaart Maatschappy Nederland v. Peninsular and Oriental Steam Navigagation Company (L. K. 5 App. 876), that "the judgment of the Court of Admiralty was restored," although the collision which gave rise to the litigation took place nearly three years after that court had ceased to exist. A certain "poetic licence" appears, however, to beclaimed for Law Reports' head-notes, for in the headnote to In re Metropolitan District Railway Company v. Cosh (L. E. 13 Ch. D. 607), Lord Justice James is represented as concurring in the judgment of the Court of Appeal, although the report does not show him to have been present at the hearing of the case or upon the delivery of the j adgments.

WRITS OF ELEGIT OF GOODS.

A Little paragraph recently appeared in the daily newspapers stating that for some reason or other writ* of elegit had become much more numerous of late. The reason, which to the writer of the paragraph was evidently a mystery, was well enough known to the initiated; the initiated being those practitioners who keep their eyes open to the short reports of current cases which are published in this journal and elsewhere. At the beginning of August last we printed a report of the caseof Ex parte Abbott, In re Qourlay, decided a few days before by the Court of Appeal, which showed how, by the writ of elegit, section 87 of the Bankruptcy Act,. 1869, could be evaded. Ever since, many astute practitioners have developed a strong partiality fortius writ; and what Lord Justice James described as "au absurd anachronism" has now become an every-day proceeding.

The way this result was attained was this. Section87 of the Bankruptcy Act, 1869, as we all know, provides that "where the goods of any trader have been taken in execution in respect of a judgment for a sum exceeding £50, and sold," the sheriff shall retain " the proceeds of such sale" in his hands for fourteen days, and upon notice being served on him within that period of a bankruptcy petition having been presented against such trader, shall hold "the proceeds of such sale," after deducting expenses, on trust to pay the same tothe trustee. It will be seen that these words are applicable only to the case where the goods of the debtor have been taken in execution and sold; in that case, tho sheriff is to hold the proceeds of sale as directed. Now, under the wiit of elegit there can be no proceeds of sale of the goods taken, for the writ directs the sheriff to deliver the goods to the creditor. The form of the writ, as given in appendix F., No. 2, to the Rules of the Supreme Court, commands the sheriff to "cause to be delivered to the said A. B., by a reasonable price and extent, all the goods and chattels of the said CD,, in your bailiwick, except his oxen and beasts of the plough, ... to hold the said goods and chattels to the said A. B. as his proper goods and chattels." It is too clear for argument that the language of section 87 does not cover the case of goods taken under a writ of elegit. No doubt the framer of that section, owing to • the extreme infrequency of these writs in relation to. goods and ^chattels, overlooked altogether the possibility, of goods being seized under them. This omission could <

sot be supplied without judicial legislation of a kind sot now in vogue.

But a more plausible contention was raised in JEx parte Allot as to the mode of execution of the writ It was urged that the sheriff had no right to take possession of the goods until after they bad been appraised by a jury. The facts of the case were these:—On the 30th of June the sheriff issued the warrant to his bailiff, and on the same day the bailiff took possession of some goods and chattels of the debtor. On the morning of the 1st of July an inquisition was held before the sheriff, when the jury found that the debtor, on the 28th of June, and on the date of the inquisition, "was possessed in his own right of the goods and chattels named in the schedule hereto of the price of £327, as of his own proper goods and chattels." The proceedings on the inquisition commenced at 10.30 a.m. and were concluded at 11.15 a.m. Later in the day the sheriff delivered the goods and chattels mentioned is the schedule to the inquisition to the judgment creditor. At the time when this delivery was made, the judgment creditor had no notice of any act of bankruptcy having been committed by the debtor. He had, however, is fact, filed a liquidation petition at 10.30 a-m. on the 1st of July. The trustee in the liquidation claimed the goods, on the ground that, as the sheriff had no power to seize the goods until they had been appraised, the creditor was not a secured creditor before the liquidation petition was filed. Now the Statute of Westminster the Second (13 Edw. 1, c. IS), which first gave the writ, says nothing about the seizure by the sheriff. It only provides that "the sheriff shall deliver unto him [the creditor] all the chattels of the debtor, saving only his oxen and beasts of his plough . . . until the debt be levied upon a reasonable price or extent." The question of the legal right of the sheriff to seize before the inquisition is therefore left in doubt, but it appears that the practice has always been for the sheriff to seize the goods, just as he does under a fi. fa., and to retain them in his custody until they have been appraised, when they are delivered to the creditor. The court thought that, having regard to this established practice, they could not say that the sheriff did not do his duty in seizing the goods, or hold that the creditor was not a secured creditor, just as he would have been if the sheriff had been in possession under a fi.fa.

The result, as Lord Justice James said, is to make section 87 of the Bankruptcy Act, 1869, a laughingstock. It cannot be doubted that in any bankruptcy legislation which may take place in the next session of Parliament this ingenious mode of evasion will be put an end to.

It his been decided to establish at Hanley, North Staffordshire, a Court of Quarter Sessions. The first Recorder will be Mr. J. B. Brindley, of the Oxford Circuit.

The Scottish Journal of Jurisprudence contains an interesting article on Legal Education and the Scottish Universities. It appears that in the University of Edinburgh, which is Use chief school for students of law in Scotland, a professor of public law and the law of nature and nations was first instituted in 1707. In 1710 the town council of Ediobargb, "having taken into consideration the great utility of a public teacher of the civil law in tbeir college, and that for want of such young gentlemen disposed to that study were obliged to go abroad to foreign universities," appointed a professor of civil law. In 1722 a professorship of Scots law was for tbe first time instituted on the representation of Mr. Alexander Bayne, himself the first professor, "how much it would be for the interest of the nation, and of this city, to have a professor of tin: law of Scotland placed in the university of this city, not only for teaching the Scots law, but also for qualifying of writers for his Majesty's signet." In 1825 the writers to the signet, with the liberality and public spirit which has distinguished that corporation, and gives it its distinction much more than sny of its exclusive privileges, established a professor of conveyancing.

EXECUTION ON GOODS OF A COMPANY.

If the goods of a company have been taken in execution under a. ft fa for a sum exceeding £50 and sold, is the sheriff bound to retain the proceeds of sale in his hands for fourteen days, as he would be in the case of the goods of a trader? This question has been answered in the affirmative by the Master of the Bolls in Re Printing and Numerical Registering Company (26 \V. B. 627, L. B. 8 Ch. D. 535), and in the negative by Mr. Justice Fry in Re Richards and Company (27 W. E. 530, L. E. 11 Ch. D. 676). "We understand that very recently the Master of the Bolls again answered the question in the affirmative, but his lordship at the same time suggested an appeal. The time limited for appealing has, however,, been allowed to expire without any appeal having been lodged.

The true answer cannot be found until the meaning of the 10th section of the Judicature Act, 1875, is ascertained. That section, so far as it is material to the present discussion, is as follows :—" In the winding up of any company under the Companies Acts, 1862 and 1867, whose assets may prove to be insufficient for the payment of its debts and liabilities and the costs of winding up, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts and liabilities proveable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being under the law of bankruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the assets of such company may come in under the winding up of such company, and make such claims against the same as they may respectively be entitled to by virtue of this Act."

Even in the construction of the wills of testators inopes consilii, words are to be taken in their grammatical sense, unless a clear intention to use them iu some other sense can be found. In the constructiou of Acts of Parliament the rules are more strict. The meaning of plain words can only be controlled by words equally plain (Bentley v. Rotherham and Kimberworth Local Board of Health, L. B. 4 Ch. D. 588). Now what is the plain grammatical meaning of the expression, "The respective rights of secured and unsecured creditors F" We submit that it cannot be distinguished from the expression, "The rights of secured and unsecured creditors respectively." If this be the correct grammatical construction, every creditor of a company would have the same right as he would have in bankruptcy, not only as against every other creditor, but as against a stranger—e.g., a person whose goods were in the order and disposition of the company. There is, no doubt, a slight difficulty in carrying out the grammatical construction, for there are different rules in the bankruptcy of traders and non-traders. But the court, of course, would not hesitate to supply the omission of the Legislature and say that the rules in the bankruptcy of traders should apply. To this, we contend, the court should, if possible, give effect; unless, by so doing, an absurdity, which the Legislature could not have intended, would be produced.

A vory short consideration of the supposed enactment, that every creditor in a winding up is to have the same right as he would have in bankruptcy, will, however, suffice to show that it would be difficult, if possible, to carry it out. On bankruptcy the estate vests in the trustee, and his title relates back, not merely to the act of bankruptcy on which the adjudication is made, but, if prior acts of bankruptcy can bo proved, to the first act of bankruptcy committed within twelve months before the order of adjudication. And it is a right of every creditor to have the whole estate thus vested in the trustee distributed. On a wiudiug-up

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