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LONDON, JANUARY 8, 1881.

CONTENTS

CURRENT TOPICS ........

.............................. 177 THE THIRD PARTY ... ATTACHMENT OF DEBTS....................................

179 THE BANKRUPTCY STATISTICS .....

.......... 180 REVIEWS ........................................

181 CORESPONDEXCE ...

......., 182 SOCIETIES

. ................. 182

182 LAW STUDENTS' JOURNAL............................

182 OBITUARY .................................... ............... 182 LEGAL APPOIXTYEXTS

183 COMPANIES...........................

183 LEGISLATIOY OF THE WEEK ..... COURT PAPERS .................

184 CEEDITORS' CLAIS .. LONDON GAZETTES, &C., &C.......

.................. 190

190

of causes before the five judges of that division. The Master of the Rolls has 62 causes with witnesses, and 82 causes without witnesses. Vice-Chancellor Malins has a total of 117 causes ; Vice-Chancellor Bacon has 53; Vice-Chancellor Hall has 62 with witnesses and 46 without, and Mr. Justice Fry has 50 causes; making a total of 472 causes, as against precisely the same number in the books at this time last year. There were 477 causes at the commencement of the last Michaelmas Sittings. The appeal list contains 95 chancery appeals, 69 appeals from the thres common law divisions, 11 from the Pro. bate and Admiralty Division, and about 15 from the Court of Bankruptry. This appeal list is somewhat smaller than that of the same time last year, whon there were 236 appeals in the books.

184

189

CASES REPORTED IN THE WEEKLY REPORTER. Badd v. Davison (Ch.Div. V.C.M.) ....

................... 192 Chamberlain v. Napier (Ch.Div. V.C.H.) ..

191 Evans, Ex parte. In re Orbell (Bkcy.) ...................... 200 Laind v. Briggs (Ch.Div. Fry, J.) .......

197 Marquis Camden v. Murray (Ch. Div. V.C.M.)....

............. 190 Mullins v. The Treasurer of the County of Surrey

..... 179 Post v. Marsh (Ch.Div. Fry, J.) ....

198 Republic of Costa Rica v. Strousberg (App.) .....

179 Sear v. House Property Investment Company (Limited)

(Ch.Div. V.C.H.) ..................... .................... 192 Stoomvaart Maatschappy Nederland v. The Peninsular and

Oriental Steam Navigation Company (H.L.) ................ 173 Sullivan y, Mitcalfe and others (App.) ........................

181 Verminck v. Edwards (Ch. Div. M.R).....

189 Withernsea Brick Works (Limited), 'The, In re (App.) ...... 178 Wye Valley Railway Company v. Hawes (App.) ...

177

THE COURSE TAKEN by the presiding judges at the trial at Dublin of the members of the Land League, in receiving evidence of everything which passed at the various meetings referred to by the prosecution, will indefinitely protract the inquiry, but it is difficult to see how any other conclusion could have been arrived at. The prosecution is not for the delivery of the speeches referred to, but these speeches are adduced as evidence of the existence of an illegal combination. The judgment of the Court of Queen's Bench in Rex v. Hunt (3 B. & Ad. 566) is an authority for the doctrine that in such a case all circumstances which can throw any light upon the general character and intention of the meetings referred to may be given in evidence by the prosecution. It is obvious that the same principle must be equally applicable in favour of the defendants, and that they are entitled to comment upon everything that transpired at a meeting in order to show that the assembly was not an unlawful one, or in furtherance of any illegal conspiracy.

CURRENT TOPICS.

A WANT much felt by officials and solicitors who frequent the Royal Courts of Justice was supplied on Monday last by the opening of a refreshment department in the building.

WE UNDERSTAND it is in contemplation to place under the charge of the Chancery Paymaster, in addition to the geventy-seven millions which he now holds for chancery suitors, the whole of the suitors' money paid into court in the common law divisions of the High Court.

As soox AS THE CHANGES in the organization of the High Court now in contemplation have been completed, the next step will be to furnish to the profession à con. solidation of all the existing rules affecting the practice of that court and the Court of Appeal. It need hardly be said that, even as regards the Judicature Rules, such a consolidation is needed; but when the large body of rules made before the Judicature Act and still in force, and the many sources from which they have to be gathered, are considered, it will be seen that a general consolidation is urgently required. But it should be borne in mind that no consolidation which will answer the purpose can be effected except by authority, for in the course of it numerous changes must be made in the rules, not only verbal, but substantial.

WE SUPPOSE the statements in the Times as to the contents of the new Government Bankruptcy Bill may be taken to be inspired, and it appears from them that in addition to containing (as we were enabled many weeks ago to state that it would contain) most of the recommendations of the Select Committee of last session, the Bill has been altered so as to give a good deal of control to officers of the Board of Trade. The Bill, it is stated, will propose that all initial proceedings between the adjudication of bankruptcy and the first meeting of creditors should be conducted by officers specially appointed for the purpose by the Board of Trade. These officers will take interim charge of the estate, will inquire into the conduct of the debtor, will examine him, and will make a preliminary report on his affairs at the first meeting of creditors. It will further be proposed that the audit of the trustee's accounts should be conducted no longer by the committee of inspection, as at present, but by the Board of Trade, whose staff will be reinforced for the purpose by the creation of a strong audit depart. ment, under the immediate superintendence of the Comptroller in Bankruptcy. If we understand these proposals aright, the occurrence of a commercial catas. trophe will be placed on the same footing as the occurrence of a railway catastrophe. There will be a Government inspector sent down, who will institute an inquiry and make a report. This will probably be an improvement on the present system, or want of system; but what about the cost of these numerous and active Government officials ? Are creditors to pay a Board of Trade inspector for telling them that, un

THE CAUSE LISTS of the Chancery Division, which we print in another column, show about the average number

fortunately, John Jones, the debtor, has no assets, or (as | business ; the judges who should sit on the appellate happened in over 1,000 cases in 1879) that he has only benches being decided by the judges of each division. assets sufficient to pay a composition of less than ono The bench taking equity appeals should have ono comshilling in the pound ? The official audit of the trustees' mon law member, and each bench taking Queen's Bench accounts will doubtless be an advantage, but, here again, appeals should have an equity member. We shall have we shall look with interest to see who is to pay for the something to say on this scheme hereafter, but we would “strong audit department."

ask the learned author how, with the majority of his chancery appeal bench drawn from the Chancery Divj. sion judges, and the majority of his common law appeal

bench drawn from the Queen's Bench Division judges, IT SEEMS PROBABLE that in course of time we shall lear all that took place at the recent Council of Judges. A

he proposes to secure that uniformity of decision which

it is one of the main objects of a court of appeal to obday or two after that assembly had been held, Mr. Justice WATKIN WILLIAMS published bis“ memorandum,"

tain ? Let us suppose that Vice-Chancellor Malins and

Vice Chancellor Bacon sat with a judge of the Queen's and now Dr. Justice Steplex, in the Nineteenth cenze

Bench Division as the Chancery Appeal Bench, does he tury tells us what was the advice he gave to the council.

think that the decisions of this tribunal would be He wished them “ to abstain from the expression of any

entirely harmonious with those of the Queen's Bench Apopinion at all upon the subject [of the consolidation of the common law divisions and the abolition of the offices

peal Bench ? of Chief Justice of the Common Pleas and Chief Baron] and to leave to the Executive Government the responsibility i.. of making by statute such alterations

IN THE CASE of Elphicic v. Barnes (29 W. R. 139), a in the present state of things as they consider necessary."

| vigorous attempt was unsuccessfully made to upset or His grounds for this advice were, among others, that the refine away the doctrine settled in Head y. Tattersall effect of the 32nd section of the Judicature Act, 1873, is

(20 W. R. 115, L. R. 7 Ex. 7). In that case to enable the council to inake the recommendations they

as most of our readers who have to do with horse have made, but it does not enable them to make any

law know, an action was brought to recover back the report or recommendation on cognate subjects. “The

price of a horse which had been sold at Tattersall's, with result," he says, " is that they were compelled either to

a warranty and a condition that the plaintiff was to be be silent or to recommend two isolated changes, the

at liberty to return the horse, if it did not answer the effect of which can hardly be estimated unless a full

description, up to the following Wednesday. The statement is given of the scheme of which they are to

horse was ivjured on its way home, and depreform a part.” Now, although section 32 does not con

ciated in value, but without any fault of the template any report by the Council of Judges, section 75

plaintiff's servant, who was taking it home. The horse, apparently makes it obligatory on such council to

being found not to correspond with the warranty, was report annually " what (if any) amendments or alterations

returned within the time, and it was held that the it would in their judgment be expedient to make in the

plaintiff had a right to return the horse and reAct, or otherwise relating to the administration of

cover back the price, notwithstanding that he was justice, and what other provisions (if any) which cannot

unable to return it in the same condition. In Elphick be carried into effect without the authority of Parliament,

v. Barnes, a horse had been sold by the plaintiff it would be expedient to make for the better admivistra.

to the defendant upon condition that it should be tried tion of justice.” Hence, even if the council summoned

by him for eight days, and returned at the end of that by the Lord Chancellor were held to be exclusively

time if the defendant did not think it suitable for his devoted to the consideration of the two points referred

purposes. The horse died in the defendant's stable to by Mr. Justice Stephen, it would seem to have been

within the eight days, but without fault of either party. quite open to him or any other judge to propose either

It was contended that Head v. Tattersall did not apply, that the council be adjourned for the consideration of

because in that case the right to return the horse was on the matters mentioned in section 75, or at all events to

a specific ground-viz., that it did not correspond to move a resolution in favour of the desirability of com

warranty, whereas here the right to return was general, plying with the requirement of that section of a report from

in case the defendant did not think it would suit his an annual council of the judges. Such a report would

purposes. But if there is any difference between the two have been a more effective, as well as more appropriate,

cases, it appears to us that the facts in Elphick v. Barnes means of considering, and influencing, any scheme

were stronger against the seller than in Head v. Tatterwhich may be on foot for the re-organization of the

sall. If the doctrine laid down in the latter case is sound, High Court, than a magazine article.

it is clear that where a horse, which is sold subject to a right to return, is injured, the loss falls upon the person

in whom the property is vested, and that the property is WE HOPE hereafter to deal in detail with the sub

not vested absolutely in the purchaser until after the

expiration of the period within which the right to return stance of Ir. Justice STEPHEN's argument, but we may

may be exercised. How can it make any difference in say here that he lays down the propositions that

the application of the doctrine whether the right to the one-judge system cannot be fully carried out without

return is. limited to certain specified grounds, or is abɔlishing trial by jury in civil cases; that any attempt to carry it out fully, without the abolition of trial by

general ? The court in Elphick v. Barnes, held that it

did not. jury in such cases, will greatly lower the efficiency and dignity of the puisne judges of the common law divi. siops, and that the attempts hitherto made to introduce the single-judge system have caused great intricacy, | At the close of the day's business in the City of London delay, and expense in the administration of justice; and Court on the 4th inst., Mr. Commissioner Kerr, being asked he suggests & scheme which he thinks will attain the

by a suitor if he intended to adjourn any of the cases, as the objects in view without being open to these objec.

list was a very heavy one, said :-“I am proud to say that tions, and without involving expense to the public. He

up to the end of last year, during the one-and-twenty years would have one court only, the High Court, divided

| I have presided over this court, not a day has passed that the into the Chancery, Queen's Bench, and Probate Divi

list has not been finished ; bat the business has so increased

that it is all but impossible to do so. In consequence of sions. All the judges should be called by the same

very absurd engagements at the Central Criminal Court, I title and receive the same pay, and take precedence ac cannot give my whole time to the business of this court, and cording to seniority. Out of these judges there should should adjournments be necessary, I shall feel exceedingly be constituted “appellate benches," consisting of three sorry. I will, however, take steps to get an assistant-judge or two judges, according to the nature of the appellate appointed.”

he subsequently ordered the defendants to pay the costs THE THIRD PARTY,

of the third parties, including the costs which he had At the end of the year it may be worth while to bring

previously ordered the latter to pay. These orders were together the recent decisions on the subject of the third

set aside by the Queen's Bench Division on the ground party, who is rapidly becoming the subject of a special code

that the master's original order was ultrà vires. of practice. The practice as to the joinder of third parties

Another question was raised in the case, but was was upon two occasions during the year the subject of dis

not determined by the court, namely, whether order cussion. In Witham v. Vance (28 W. R. 276) the

16 gives any power to bring in fourth and fifth plaintiffs claimed under a person who had sold property

parties. In Dawson 7. Shepherd (28 W. R. 805), to a former Duke of Cleveland, the latter covenanting

a third party had been served by the defendant with to pay to the vendor, his heirs, executors, administra

a notice under ord. 16, r. 18, and had obtained leave tors, or assigns, the sum of sixpence for every chaldron

to attend the trial, and it was ordered that ho of coal got out of the land and shipped for sale. The

should be bound by the result of the trial, Duke's personal property passed to the defendants, and

“costs reserved." The plaintiff and defendant settled the land in question was sold, during his lifetime, to the

the action without giving notice to the third party, who Hutton Henry Coal Company, who had commenced to

afterwards applied for an order directing tho payment work the coal therein, but it was alleged that they had

of his costs by the defendant. This order was refused been indemnified from the covenant contained in the

by the Exchequer Division (affirming the decision of conveyance to the Duke. The action was brought for

Manisty, J., at chambers) on the authority of Yorkshire an account of the coal gotten and shipped, and (if

Wagon Company v. Newport and Abercarne Coal necessary) for an administration of the real and personal

Company, but the Court of Appeal held that estate of the Duke. The defendants obtained leave in

there was power to order payment of the third party's chambers to serve a notice in the action under ord. 16,

costs, and Bramwell and Brett, L.JJ., both held that, r. 18, as well as a copy of the statement of claim and of

even if the master had no power to make an anticipatory the order, upon the Hutton Henry Coal Company, and

order as to costs, the discretion given by order 55 emthey now applied that the company might have liberty

powered the court to order the defendant to pay costs to defend, and for directions as to the mode and extent

to the third party. It appeared that when the in or to which the company should be bound by the

summons was beard in chambers, Manisty, J., who had decision of the case. The company sought leave to

been a party to the decision in Yorkshire Wagon Com. bring in the vendors (who had covenanted to indemnify

pany v, Newport and Abercurne Coal Company, had them from the covenants contained in the conveyence to

observed that the decision of the Queens Bench Division the Dako of Cleveland) as additional parties, and Mr.

in that case had proceeded upon the particular facts Justice Fry gave them leave to put in a defence to the

which were then before the court. statement of claim, limited to any new point not raised by the defendants, and also to serve other persons, under ord. 16, r. 18, without prejudice to any question between the defendants and the parties so served. The

ATTACHMENT OF DEBTS. Cartsburn (28 W. R. 378, L. R. 5 P. D. 59) was an action of collision brought by the owners of the ship S. In Horsley v. Cox (17 W. R. 596, L. R. 4 Ch. 97), Lord against the owners of the ship C., which was being towed Hatherley pointed out that while the Common Law Pro. when the injury to the plaintiff's vessel was occasioned. cedure Act of 1852 contained a clause referring to The defendants obtained leave, under ord. 16, r. 18, to proceedings in equity, the whole of the Act of 1854, bring in the owner of the tug as a third party, and the “which gave to a judgment creditor a right of attachcourt afterwards gavo tbe latter liberty to appear and ment in respect of money due from any person whatsodefend, being bound, as between him and the defendants, ever to his debtor," applied to common law procedure by any decision of the court as to the cause of the alone. The consequence was that while, before the collision. The defendants neither put in a statement of Judicature Act, the common law reports abounded in claim, nor appeared at the trial, but the third party did ! decisions on attachment of debts, there were hardly any both. Sir R. Phillimore condemned the defendants in reported cases upon the subject in the chancery reports. damages and costs, holding that their ship was alone to In Horsley v. Cox the present Master of the Rolls, when blame for the collision, and that they were not entitled at the bar, contended that a bill would lie to enable to an indemnity from the owner of the tug, and hea judgment creditor to obtain a charge analogous to a afterwards refused an application by the defendants to garnishee order upon an equitable debt, but his argu. strike out the latter part of the judgment. The Court of ment failed to convince either the late Master of the Appeal, however, held that so much of the judgment as Rolls or Lord Hatherley. Now that the powers in resdecided that the defendants were not entitled to indemnity pect of attachment of debts, which were formerly as against the third party was erroneous, since no such practically confined to the common law courts, are also iezue had been directed to be joined, and there was no exercised by the Chancery Division, numerous cases have litis contestatio between the defendants and the third occurred, and it may be desirable to glance at some of the party,

points which hare been recently settled relating to this Three cases during the year dealt with the question subject. of the costs of third parties. In IVitham v. Vane (2) A garnishee order nisi to attach debts does not operate (28 W. R. 812), Mr. Justice Fry ordered the payment by so as to create any charge until it is served on the garthe plaintiffs of the costs, not only of the third party, nishee. This point was decided in Re The Stanhope but also of fourth parties. In Yorkshire Wagon Com. Silkstone Collieries Company (27 W. R. 561, L. R. 11 Ch. pany v. Newport and Ibercarne Coal Company (28 | D. 160). In that case a petition had been presented for W. R. 505, L. R. 5 Q. B. D. 268), the master had, on winding up the company on a certain day, and the garthe defendants' application, given third parties liberty nishee order nisi, which had been obtained two days to defend, all costs to be left in the discretion of the before, was not served until the day after. The court judge at the trial. On the application of the third decided (reversing the decision of Fry, J.) that a judgparties, a similar order was made as to fourth parties, ment creditor was not a secured creditor at the time of upon whone application another similar order was made | the commencement of the winding up. The Master of as to fifth parties. At the trial, the fourth and fifth the Rolls said that an attachment or garnishee order was parties appeared, but the third parties did not, and a a mode of enforcing by execution the payment of the verdict was fonnd for the defendants. Mr. Justice Lush, debt in the original action, and that it did not operate to before whom the case was tried, ordered the third parties give the plaintiff in the original action any security until to pay the costs of the fourth and fifth parties, and it was served. The garnishee might, before service, pay

his own creditor—that is, the original debtor and the hands of the registrar, could be attached, but this decision
jndgment creditor would be remediless so far as the was reversed by the Common Pleas Division, Denman, J.,
order was concerned, and would have to issue execution saying that the registrar of a county court was in exactly
upon the original unsatisfied judgment. The order nisi the same position as a master of one of the superior
was, in fact, “an imperfect execution." James, L.J., courts. In one of the last cases upon the subject (Re
said it was impossible to distinguish the present case of Couran's Estate, Rapier v, IVright, 23 W. R. 827,
an execution against debts from an execution against L. R. 14 Ch. D. 638), a receiver had been appointed, and
chattels. There was no distinction in principle between ordered to pay an annuitant quarterly, and it was held by
the two, but in the case of a garnishee the creditor is Vice-Chancellor Hall that the money could be made
made his own sheriff, and allowed to make his own exe available for payment of the judgment creditor of tho
cution. The ground on which Bramwell, L.J., based his annuitant.
judgment was, that the order absolute did not purport
to attach the debts, but orders “ that they be attached,"
and this implied that something further should be done, THE BANKRUPTCY STATISTICS.
and it was like the case of an order for attachment of
a person for contempt. He was not attached upon the In view of the introduction of a Bankruptcy Bill which
writ issuing, but was attached under it. This case was fol. | seems likely to become law, the portion of the judicial
lowed by Hamer v. Giles (27 W. R. 834, L. R. 11 Ch. D. statistics relating to bankruptcy have a peculiar interest.
942), where a question arose between a solicitor who had During the ten years in which the Bankruptcy Act,
obtained a charging order under the Act of 1860, and a 1869, has been in operation, the number of cases of
judgment creditor who had obtained a garnishee order, bankruptcy has enormously increased, as is shown in the
but had not served it until the day after the solicitor's following table :
order had been obtained. It had been previously decided

Liquidations.
By

By in Ex parte Joselyne, Re Watt (26 W, R. 845, L. R. 8

Bankruptcies. arrangement. composition, Total. Ch. D. 327), that the effect of the service of the garnishee 1870

1,351 2,035 1,616 5,002 order nisi is to transfer the property in the debt to the

1871

1,238 2,872 2,170 6,280 judgment creditor, and that he is to be treated as a 1872

933 3,694 2,208 6,835 secured creditor within the Bankruptcy Act.

1873
915 4,152

2,422 7,489 In a case of Richter v. Laxton (27 W. R. 214), it was 1874.

930 4,440 2,549 7,919 decided that the fact of the existence of a foreign attach 1875

965 4,233 2,691 7,889 ment in the Lord Mayor's Court does not prevent the 1876

976 4,986 3,287 9,249 operation of a garnishee order. This case illustrates

1877
967 5,239

3,327

9,533 very clearly the distinction between the two processes. 1878

1,084 6,356

4,010 11,450 Attachment in the Mayor's Court, as Lush, J., said, is 1879

1,156 7,167 4,809 13,132 simply & process to compel appearance, and when once the defendant has appeared the attachment is gone. A Total 10,515 45,174 29,089 84,778 garnishee order, on the other hand, is a process of exe The debtor's summonses issued in London and in cution, and its effect is to transfer all the rights of the the several county courts in 1879 were 3,069; there judgment debtor against the person who owes him money were 241 “ declarations of inability” filled, and 1,752 to the judgment creditor, with the additional remedy of petitions for adjudication. Among the 1,156 debtors summary execution. This case was approved in Levy

adjudicated bankrupt, 373 were on debtor's summons, V. Lovell (28 W. R. 602, L. R. 14 Ch. D. 234),

187 on declaration of inability, 373 on failure of liqui. where the Court of Appeal decided (overruling the dation proceedings, and 223 on other acts of bank. decision of Vice-Chancellor Bacon, and disapproving of ruptcy. Of the total number, 853 were traders and that of Vice-Chancellor Hall in ln re London Cotton Mills

303 non-traders. In 809 cases trustees were appointed Company, 25 W. R. 109), that service of a foreign at.

with a committee of inspection, and in 267 without a tachment in an action in the Mayor's Court has not the

committee. There were 136 applications for the diseffect, which we have just seen is produced by a

charge of bankrupts during the year 1879, and 12 were garnishee order, of making the judgment creditor a discharged where ten shillings in the pound had been or secured creditor within the meaning of the Bankruptcy

might have been paid, and 124 on resolution of crediAct.

tors after payment of a dividend of less than ten shilThe question as to the circumstances under which linga. During the year 1879, 4,913 bankruptcies were money can be attached by judgment creditors has been dealt with; of this number, 149 were annulled, 79 of considered in a large number of cases since the Judica them oni acceptance of a composition or scheme of ture Act. In Richardson v. Elmit (L. R. 2 C. P. D. 9) settlement, 26 by reason of no trustee having been it was decided that a mere notice to treat for compensa- | appointed, 10 on appeal, and 34 for other reasons. tion in respect of premises, served by the Metropolitan | Besides the 149 bankruptcies annulled, 303 were closed Board of Works, did not constitute a debt owing or on payment of dividend, and 349 without a dividend, accruing. Grove, J., said that in this case there was and 4,112 were pending at the end of the year. In nothing more than a mere surmise that, in an event | 1879, the total stated or estimated amount of bankrupts' which might or might not happen, a debt might become liabilities was £4,298,721, and the estimated assets due to the judgment debtor. In Hall v. Pritchett, Cor £570,713. In 1878, the liabilities were estimated at poration of Huddersfield, Garnishees (26 W. R. 95, L. R. £9,287,156, and the assets at £1,930,731. The summary 3 Q. B. D. 215), it was decided (following Jones v. of receipts and payments by trustees shows a balance of Thompson, E. B. & E. 63) that accruing salary of a £434,326 at the commencement of the year, and that medical officer could not be attached. A sum of money the receipts and advances by trustces amounted to which was payable for interest on stock by one railway | £663,366, making together £1,097,693; the repayments, company to another, under a working agreement, was including dividends, were £536,547, and the balance at held to be attachable in Bouch y. The Sevenoaks Rail- the end of the year was £561,145. way Company (27 W. R. 507, L. R. 4 Ex. D. 133). The The number of bankrupts' estates closed in 1879 WAS court considered that the money was not impressed with 652. In 303 of these the liabilities amounted to a trust, and that a duty which was imposed upon the £1,258,311, and the gross receipts to £296,215, and di. respondent company to apply the money in question to vidends were paid. In 239 cases the liabilities a particular purpose could not prevail over the creditor's amounted to £644,748, and the gross receipts to $33,031, rights. In Dolphin v. Layton (27 W. R. 786, L. R. 4 which last amount was wholly absorbed in costs. In C. P. D. 130) the county court judge had decided that ! 103 cases, with liabilities amounting to £232,415, 10, money which had been paid into court, and was in the thing was received and no dividends were paid,

On the 303 bankrupt's estates which paid a dividend, and were closed in 1879, only 7 paid twenty shillings in

REVIEWS. the pound, and 2 paid between fifteen and twenty shillings, and besides these there were only 12 which

MERCHANT SHIPPING. paid more than ten shillings in the pound.

A TREATISE OF THE LAW RELATIVE TO MERCHANT Ships Liquidation by Arrangement.---There were during |

AND SEAMEN. By LORD TENTERDEN. TWELFTH the year 1879 14,574 petitions for liquidation filed, 7,167

Edition. By SAMUEL PRENTICE, Esq., Q.C. Shaw résolutions were registered, and there were 2,788 resolu

& Sons. tions for discharge; the gross amount of debts was $17,989,482, and the gross value of the estates was

The legislation of last session relating to merchant £7,307,999; the stamp duty amounted to £40,694. In

shipping has apparently stimulated the activity of authors the year 1878 there were 12,723 petitions filed, 6,356

and editors of works on this subject. This is the third resolutions were registered, and 2,282 resolutions for dis- | large book on merchant shipping which we have reviewed charge; the gross amount of the debts was £14,774,342,

within the last few weeks. Our task is here, however, and the gross value of the estates $5,443,372; the stamp

comparatively light, for we have only to see how far duty amounted to £34,325.

Lord Tenterden's work, within the limits which he preComposition with Creditors. During the year 1879

scribed for himself, has been brought up to the present there were 4,809 resolutions for composition registered, state of the law. As regards the legislation which has and these related to debts amounting to £7,389,990; and

taken place since the publication of the last edition, we the gross value of the estates was £2,314,905 ; the stamp

find all the Acts printed in full in the appendix, and duty amounting to £17,073. In 1878 the resolutions

indexed; but (probably owing to the exigencies of printe numbered 4,010, the debts amounted to £5,912,243, the

ing so large a book) we do not find them always noticed assets to £1,638,971, and the stamp duty to $14,662.

in the text. We have, at any rate, failed to find any Of the 4,809 compositions 51 were twenty shillings in

reference to the Merchant Shipping Act, 1854, Amend. the pound, and 140 others above ten shillings. In

ment Act, 1880, at p. 43, or to the Merchant Seamen the previous year there were 4,010 compositions, in 11 of | (Payment of Wages and Rating) Act, 1880, in the part which twenty shillings in the pound was offered, and 124

of the book relating to advance and allotment notes, at others were above ten shillings.

p. 474. With regard to the recent cases, Mr. Prentice Summary of Bankruptcies, Liquidations, and Com. seems to have mostly aimed rather at inserting a referpositions. The total liabilities under bankruptcies,

ence to them, than at discussion of them. Thus liquidations by arrangement, and compositions, amounted

Lockhart v. Falk (23 W. R. 753, L. R. 10 Ex, 132) and in 1879 to £29,678,193, and the assets to £10,193,617.

Francesco v. Massey (21 W. R. 440, L. R. 8 Ex. 101) In 1878 the total liabilities were £29,973,740, and the

are simply mentioned in a foot-note to the paragraph assets £9,023,074.

of the text relating to the cesser clause, in whicb, by the Bankruptcy Appeals.-There were 133 appeals from

way, no reference is made to the important case of decisions in bankruptcy to the Court of Appeal in 1879.

Bannister v. Breslauer (15 W. R. 840, L. R. 2 C. P. of this number 67 decisions were affirmed and 38 re

497), which, having been threatened with overthrow, versed or varied, 13 were withdrawn or arranged, and

has now become an established precedent. Similarly, wo 15 were pending at the end of the year.

find Ogg v. Shuter (24 W. R. 100, L. R. 1 C. P. D. The appeals presented to the Chief Judge in Bank

47) dismissed in a foot-note on p. 276 with the remark : ruptcy during the same period numbered 171; of these

“ But see as to the vendor's bold on the goods if vendee 48 were affirmed, and 56 reversed or varied, 3 were re

refuses to perform conditions of sale : Ogg v. Shuter.” It ferred back, 24 were arranged or withdrawn, and 40

is again mentioned in a foot-note on p. 405 in the words, were left pending

“See Ogg v. Shuter.” And Attwood v. Sellar (27 W.R. In the three years which immediately preceded the

726, L. R. 4 Q. B. D.342) appears to be only referred to in passing of the Bankruptcy Act, 1869, there were 248

footnotes on pp. 501 and 509. These important cases seem appeals, giving an average of 82 for each year. The

to deserve more extended notice at the hands of the Court affirmed 69 of the decisions, being an average of

editor. The book, however, contains references to most 33 a year, and reversed or varied 110, an average of 36

of the recent cases on the matters discussed by Lord in each year.

Tenterden, and the portions of the text we have Bills Tared. The number of bills taxed by the taxing.

examined have been carefully revised so as to be con. masters and registrars was 23,677, the gross amount of

sistent with the present law. Mr. Prentice has introwhich was £600,173, of which £104,963 was struck off

duced a useful change by distinguishing the parts of the on taxation, being rather more than one-sixth of the

book which are the same as in the fifth en tion (the last whole.

which was published in the lifetime of the author) by placing them between brackets ; and in his preface he has given an interesting notice of the maritime Codes

and Laws. The secretary to the Inland Revenue Commissioners writes to the Times to say, with reference to a letter complaining tbat up to the present time the Surveyors of

THE LAW SOCIETY'S CALENDAR. Taxes have received no instructions with regard to an al. The INCORPORATED LAW SOCIETY CALENDAR FOR 1881. lowance for income tax on rent remitted, that general in

Published by authority of the Council of the Incorstruetions were issued to those cfficers on the 24th ult.,

porated Law Society. antborizing them to pursue the same course for the current financial year as was eanctioned by the Treasury for the year

We have here the long looked for calendar, and most 1879-80.

of those who examine it will be disposed both to wonder

why the idea was never taken up before, and to con. The applications ior letters patent for inventions recorded

gratulate themselves on the measure of success with which in the Patent Office during 1880 were more numerous than

it has now at last been carried out. The calendar opens in any previous year, having reached 5,517. In 1879 the

appropriately with a sketch of the history of the society Lamber was 5,338, while in 1878 they amounted to 5,343. With a few slight fluctuations, there has been a steady

and of its work in the matters of legal education, legis. increase of business since the passing of the Patent Law

tion specially affecting solicitors, professional discipline, Amendment Act in 1852, when a very sudden and exten

the consolidation of the courts, and law reform iu general; gire opward tendepoy manifested itself. In 1850 the

and this sketch concludes with a passage so well reprenumber of patents granted reacbed 523 only, in 1860 the senting the ideas and wishes which the SOLICITORS' applications were 3,196, and in 1870 they had increased to JOURNAL has, for many years, attempted to present, that 3,405.

we venture to quote it in full :

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