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Archibald Nugent Robertson, Middle Temple; Herbert Russell, Inner Temple; Arthur Sharood, Lincoln's-inn; Thomas Eustace Smith, Inner Temple; Herbert Stephen, Inner Temple; William Summers, Lincoln's-inn; Cecil Arthur Tennant, Inner Temple; Ralph Thicknesse Thicknesse, Lincoln's-inn; Arthur Thomas Toller, Middle Temple; William Toynbee, Inner Temple; David Jouffroy Watson, Gray's-inn; Edward Gordon Williams, Lincoln'sinn; and John Herbert Williams, Middle Temple.
The following students pa-sed a satisfactory examination in Roman law:—William More Adcy, Lincoln's-inn; Louis John Aitken, Lincoln's-inn; Cumbhumpati Akilandaiya, Inner Temple; Peter Wilson Atkin, Inner Temple; Alfred Back, Inner Temple; Herbert Burgers Barrett, Inner Temple; Charles Francis Barrow, Middle Temple; William James Bel), Inner Temple; William Evans BottrilL Middle Temple; William Percy Bowyer, Lincoln's-inn; George Grey Butler, Inner Temple ; John Selwin Calverley, loner Temple; William (Lewis Comrie, Lincoln's-inn; Henry Cornish, Inner Temple; Francis Dumesnil Dawson, Inner Temple; Thomas Drever, Middle Temple; Jonn Dunouft, Inner Temple; John Dyer, Middle Temple; Harold James Lee Evans, Inner Temple; Thomas Faris, Inner Temple; Victor Beare FitzGibbon, Inner Temple; Alexander Frater, Middle Temple; James George Frazar, Middle Temple; William Codgbrooke Gillies, Middle Temple; George Crosby Gilmore, Inner Temple; Randolph Orme Gilmore, Middle Temple; Walter Yeates Hargreaves, Inner Temple; Henry Nowell Harvey, Middle Temple; Thomas Hedley, Middle Temple; Reginald Hogan, Middle Temple; Bernard Henry Holland, InnorTemple; Miller Hooper, Inner Temple; Collingwood Hope, Inner Temple; Thomas O'Hara Horsman, Inner Temple; Lawrence Hugh Jenkins, Lincoln's-inn ; Thomas Morgan Joseph, Middle Temple; James Kelleher, Inner Temple; Chaloner Kemshead, Middle Temple j Lees Knowles, Lincoln's-inn; Charles Astley Lamb, Inner Temple; John Lithiby, Middle Temple; John Henry Lonsdale, Lincoln'sinn j Alfred Owen Lyon, Inner Temple ; Hon. Alfred Lyttelton, Inner Temple; William Charles MacTaggart, Inner Temple; William Wilkinson Marshall, Inner Temple; Thomas A. Meates, Inner Temple; Henry Mellish, Inner Temple ; Robert Marshall Middleton, Inner Temple; Arthur O'Connor, Middle Temple; George Marcus Parker, Inner Temple ; Frank Grove Powell, Middle Temple; Robert John Price, Middle Temple; Cyril Henry Prichard, Middle Temple j Thomas George Wood Reavely, Inner Temple; John George Mackworth Rennie, Inner Temple; Walter Cranley Ryde, Inner Temple ; James Brydges Sayers, Middle Temple; John Georgo Charles Schuler, Inner Temple; Sherwin Scudamore, Middle Temple; Ernest Manley Smith, Inner Temple; Martimus Thennis Steyn, Inner Temple; James Henry Stock, Inner Temple; Wilfrid Forbes Home Thomson, Lincoln's-inn; Harold Ward Topham, Inner Temple; Robert Lamb Wallace, Middle Temple; Sidney Wright, Inner Temple; and Arthur Watkin Williams Wyou, Inner Temple.
LAW STUDENTS' DEBATING SOCIETY. Tuesday, January 18.—Mr. Kirk in the chair.—Mr. T. Bateman Napier opened in the affirmative the question for debate: " Is the policy of the Ministry, as foreshadowed in the Queen's Speech, satisfactory?" The discussion was continued by Mr. A. M. Ellis, LL.B., Mr. Bilney, and Mr. Kains-Jackson, and the debate was then, on the motion of Mr. Hutton adjourned to Tuesday, February 1.
MANCHESTER. LAW STUDENTS' SOCIETY.
The seventh meeting of the session was held on Tuesday, the ISth of January, at the Law Library, Cross-street Chambers, at half-past six o'clock, when the chair was taken by W. A. Copinger, Esq., barrister-at-law. The following was the subject for discussion :—" Can a surety for an original mortgage debt redeem without also paying moneys advanced since the date of the original mortgage by the mortgagee to the mortgagor on farther charge ■without his (the surety's) knowledge?" Mr. Iiayner Opened in the affirmative, and was followed on the same side by Messrs. Ellison and Rycroft ; whilst Messrs. Hayle, Birch, and Taylor supported the negative contention. After a very fair discussion, in which Messrs. Hawkins, Butcher, Hardman, and Hislop also took part, the opener replied, and the
learned chairman summed up in a most lucid and able manner, when the question was decided in the affirmative by ten votes to eight. A vote of thanks to the chairman concluded the proceedings.
SUPREME COURT OF JUDICATURE ACT, 1873.
Order in Council, dated 16th December, 1880, for the Consolidation and Union of certain Divisions of the High Court of Justice.
At the Court at Windsor, the 16th day of December, 1880.
Present :—The Queen's Most Excellent Majesty in Council.
Whereas by "The Supreme Court of Judicature Aot, 1873," it is enacted that her Majesty in'Counoil may from time to time, upon any report or recommendation of the Council of Judges of the Supreme Court in the said Act mentioned, order that any reduction or increase in the number of divisions of tho High Court of Justice may, pursuant to such report or recommendation, be carried into effeot; and may give all such further directions as may be necessary or proper for that purpose ; and such order may provide for the abolition on vacancy of the distinction of the offices of (amongst others) the Chief Justice of the Common Pleas and the Chief Baron of the Exchequer, and of the salaries, pensions, and patronage attached to such offices, from the offices of the other judges of the High Court of Justice, notwithstanding anything in the said Act relating to tho continuance of such offices, salaries, pensions, and patronage, but no such order of her Majesty iu Council shall come into operation until the same shall have been laid before j each House of Parliament for thirty days on which that House shall have sat, nor if within such period of thirty days an address is presented to her Majesty by either House of Parliament, praying that the Bame ma}' not come into operation. Any such order in respect whereof no such address shall have been presented to her Majesty, shall, from and after the expiration of such period of thirty days, be of the same force and effect as if it had been in the said Act expressly enacted: Provided always, that the total number of the judges of the Supreme Court shall not be reduoed or increased by any such order.
And whereas at a meeting of a Council of Judges of the Supreme Court of Judicature duly assembled at her Majesty's Palace of Westminster, on the 27th day of November, 1880, pursuant to the Supreme Court of Judicature Act, 1873, s. 75, and continued by adjournment on the 29th of the same month, It was resolved:
That a report be humbly made and submitted to her Majesty by this Council of Judges, pursuant to the Supreme Court of Judicature Act, 1873, s. 32, to the following effect :—
(a.) That in the opinion of this Council of Judges it is expedient that the number of the divisions of her Majesty's High Court of Justice be reduced by the consolidation and union in one division of all the judges now attached respectively to the Queen's Bench Division, the Common Pleas Division, and tho Exchequer Division.
(J.) That the Lord Chief Justice of England be the President of the division to be Bo formed by such consolidation and union.
(■.) That the division to be so formed be oalled " The Queen's Benoh Division."
(d.) That all causes and matters which, at the time when any Order in Council for the purpose of carrying these recommendations into effect, shall come into operation, may be pending in any of the three divisions to be so united and consolidated, be transferred to the Queen's Benoh Division to be so formed as aforesaid, and that all proceedings of every kind whiob may be then pending in any such causes or matters be continued, carried on, and completed in the Queen's Bench Division to be so formed as aforesaid, in the same manner in all respects as they would have been in the division to whioh they were previously assigned if the same had not been united or consolidated with such other two divisions as aforesaid.
(>.) That all oauses, matters, and other proceedings whioh by or under the Supreme Court of Judicature Aot) 1873, or any Act amending the same, or any rale or order made pursuant thereto, have been or are assigned to the Queen's Bench Division, the Common Fleas Division, and the Exchequer Division respectively of her Majesty's H igh Conrt of Justice, be, from and after the time when such Order in Connoil as aforesaid shall take effect, assigned to the Qaeen's Bench Division, to be formed by suoh consolidation and union as aforesaid.
(/.) That the office of Lord Chief Baron being now vacant, that office be reduced to an equality with the offices of the other judges of her Majesty's High Court of Justioe who are not cx-offieio judges of her Majesty's Court of Appeal, by the abolition of the rank and title of Lord Chief Baron of the Exchequer, and of all other distinctions between the office of any judge who may be hereafter appointed to fill the place in the said High Court of Justice now vacant by the death of the late Lord Chiet Baron of the Exchequer, and the offices of the other judges of the said High Court of Justice who are not ex-ojicio judges of her Majesty's Court of Appeal, and between the salary, pension, and patronage attached to such office, and the salaries, pensions, and patronage of such other judges of the said High Court of Justice as aforesaid.
(g.) That upon the vacaacy in the office of Lord Chief Justice of the Common Pleas, now about to take place by the promotion of the present Lord Chief Justice of the Common Pleas (of which her Majesty has been graciously pleased to approve) to the office of Lord Chief Justice of England, the office which will so become vacant be reduced tc an equality with the offices of the other judges of her Majesty's High Court of Justice who are not ex-offieio judges of her Majesty's Court of Appeal, by the abolition of the rank and title of Lord Chief Justice of the Common Plea?, and of all other distinctions between the office of any judge who may be hereafter appointed to fill the place in the said High Court of Justice now about to be vacated as aforesaid, and the offices of the other judges of the said High Court of Justice who are not ex-qfficio judges of her Majesty's Court of Appeal, and between the salary, pension, and patronage attached to such office, and the salaries, pensions, and patronage of such other judges of the said High Court of Justice an aforesaid.
(A.) That it be humbly recommended by this Council of Judges to bcr Majesty, that an Order in Council be made by her Majesty, if her Majesty shall so please, for the purpose of carrying this report, and the recommendations therein contained, into effect, in the manner provided by the Supreme Court of Judicature Act, 1873, s. 32.
And whereas it has seemed fit to her Majesty, by and with the advice of her Privy Council, that the said report, and the recommendations therein contained, be carried into effect. Now, therefore, her Majesty, by and with the advice aforesaid, is pleased to order, and it is hereby ordered, as follows :—
That the number of the divisions of her Majesty's High Court of Justice be reduced by the consolidation and union of all the judges now attached respectively to the Queen's Bench Division, the Common Pleas Division, and the Exchequer Division in one division, to be called "The Queen's Bench Division," under the presidency of the Lord Chief Justice of England.
That the office of Lord Chief Justice of the Common Pleas being now vacant be reduced to an equality with the offices of the other judges of her Majesty's High Court of Justice, who are not cj:-officio judges of her Majesty's Court of Appeal, by the abolition of the rank and title of Lord Chief Jostice of the Common Pleas, and of all other distinctions between the office of any judge who may be hereafter appointed to fill the place in the said High Court of Justice now vacant as aforesaid, and the offices of the other judges of the said High Court of Justice who are not ex-offieio judges of her Majesty's Court of Appeal, and between the salary, pension, and patronage attached to such office, and the salaries, pensions, and patronage of such other judges of the said High Court of Justice as aforesaid.
That tbe office of Lord Chief Baron being now vacant, that office be reduced to an equality with the offices of the other judges of her Majesty's High Court of Justioe who are not ex-officio judges of her Majesty's Court of Appeal, by tbe abolition of the rank and title of Lord Chief Baron of the Exchequer, and of all other distinctions between the office of any judge who may be hereafter appointed to fill tbe plaoe in the said High Court of Justice now vacant as last aforesaid, and the offices of the other judges 0* tbe
said High Court of Justioe who are not ex-offitio judges of her Majesty's Court of Appeal, and between the salary, pension, and patronage attached to suoh offioe, and the salaries, pensions, and patronage of suoh other judges of the said High Court of Justioe as aforesaid.
And for the purpose of oarrying into effect the consolidation and union of the said divisions in manner aforesaid, it is hereby farther ordered:
That all oanses and matters which at the time when this order shall, pursuant to the Supreme Court of Judicature Aot, 1S73, take effect, may be pending in any of the three divisions to be eo nnited and consolidated, be transferred to the Qaeen's Benoh Division to be so formed as aforesaid, and that all proceedings of every kind whioh may be then pending in any such causes or matters be continued, carried 00, and completed in the Qaeeu's Benoh Division to be so formed as aforesaid, in the same manner in all respects as they would have been in the division to whioh they were previously assigned if the same had not been united or consolidated with such other two divisions as aforesaid.
That all causes, matters, and other proceediugs, which by or under the Supreme Court of Judicature Act, 1873, or any Act amending the same, or any rule or order made pursuant thereto, have been or are assigned to the Queen's Bench Division, the Common Pleas Division, and the Exchequer Division respectively of her Majesty's High Court of Justice, be, from and after the time when this order, pursuant to the said Supreme Court of Judicature Act, 1873, shall take effect, assigned to the Queen's Benoh Division, to be formed by such consolidation and uuion as aforesaid.
That all proceedings whioh have been heretofore, by any law or custom other than such Acts of Parliament, rules, and orders as aforesaid, been taken or had respectively in the Qneen's Bench Division, the Common Pleas Division, and the Exchequer Division of the said High Court of Justice, be, from and after the time when this order Bhall take effect, taken and had in the Queen's Bench Division of the said High Court of Justice, to be so formed by such consolidation and union as aforesaid.
That all powers and authorities whioh, by any law or custom have heretofore been exercised by the Chief Jastice of the Common Pleas and the Chief Baron of the Exchequer respectively, shall, from and after the time when this order shall take effect, be capable of being exercised by the Lord Chief Justice of England, unless such exercise thereof shall be contrary or repugnant to any express provision in any Act of Parliament contained.
That this order shall take effect and come into operation at the end of thitty days after the same shall have been laid before each House of Parliament, pursuant to the Supreme Court of Judicature Act, 1873, unless within such period of thirty days an address shall have been presented to her Majesty by either House of Parliament, praying that the same may not come into operation.
(Signed) C, L. Peel.
THE COUNTY COURT RULES, 1880.
3. Order xix. Rule 6a. No judgment summon* to be issued after a certain time from judgment, <lc, except an affidavit in proof of means is fled.] Where default shall have been made in payment of any debt, or any hiatal, ment thereof, due in pursuance of any judgment or order of a county court, or of any other court of competent jurisdiction, the registrar shall not issue a judgment summons after the expiration of four months from the date on which the last payment into court, if any, under such judgment or order shall have been made, or if no payment into court shall have been made, then from the date upon which default was made unless an affidavit be filed, stating the debtor's place of residence or business, his trade or profession (if any), and any facts known to to the deponent, showing the means the debtor has or since the date of the judgment or order has had to pay or to to have paid the debt or instalments sufficient to satisfy the court that the debtor has the means of obeying or could have obeyed the order of the court.
If the facts stated in the affidavit be considered by the registrar insufficieat, he shall refuse to issue the summona, and refer the applicant to the court for its directions, and the judge shall make such order in the matter as he shall think right.
4. Order xix. Rule 15a. Name of witness to be entered in Book H.] In Book H. in the Schedule to the County Court Rules, 1876, there shall be entered the name of every witness who shall have been examined as to the means of the debtor, and whenever an order of commitment ■hall be made there shall also be entered in the column *' Order" of the said book a note or minute showing whether such order has been made on account of the past or of the present ability of the debtor to obey the order of the court.
5. Order xix. Rule 156. Evidence by affidavit, where creditor or debtor not resident in district of issuing court.] Where a judgment creditor issuing a judgment summons, or a judgment debtor summoned to appear by a judgment summons does not reside within the district of the court in which the summons is to be heard, he may forward to the registrar of the court from which the summons issued an affidavit, Betting forth any facts which he may wish the court should have before it, prior to its making any order on the summons. And the court may on the hearing of the judgment summons admit the same as the evidence of the person by whom the affidavit is made, if it shall think fit.
6. Order xix. Rule 22a.] Order xix., rule 22, shall be read as if the last fourteen words of the rule were not therein.
7. Order xix. Rule 226. Terms on which order of commitment may issue after a year from its date]. Where an order of commitment has not been issued before the expiration of one year from its date, the party requiring it to be issued shall file an affidavit setting forth reasons why it would have been useless to have had the order of commitment issued before, and where such reasons shall appear satisfactory to the registrar, the order of commitment shall then be issued and shall be in force for one year only from the day on which it was issued from the registrar's office, unless at any time before the expiration of such last-mentioned year the judge may think fit to extend the time during which the said order is to be in force.
If the reasons stated in the affidavit be considered by the registrar insufficient, he shall refuse to issue the order of commitment, and refer the applicant to the court for its directions, and the judge shall make such order in the matter as he shall think right.
8. Order xix. Rule 22c. Date of issue of order of commitment. ] The registrar shall on an order of commitment issued under the last urle state the day of the month and year npon which such order shall have been issued from his office.
9..Order xxxvi. Rule 3a.. Witness in many cases to be allowed for only one day's attendance.] A witness shall not be allowed for more than oue day's attendance at the same court on the same day, notwithstanding that he may have given evidence in more than one action, judgment summons, or other proceeding on that day.
10. Order xxxvi. Rule lire. Order xxxvi., rule 20, for the words "less than" the words "a sum not exceeding" shall be substituted.
11. Order xxxvi. Rule 17. No costs to solicitors on judgment summonses ] No oosts shall be allowed to a solicitor for attending at the hearing of a judgment summons, unlesB the party for whom he appears shall reside out of the district of the court at which the summons is heard, and the judge thinks fit to order the same.
12. Order xxxvi. Rule 18. Where no costs are to be allowed on a judgment summons.] Where on the hearing of a judgment summons the court in lieu of making an order of commitment shall make a fresh order for payment by instalments, no costs for fees or witnesses shall be allowed to a judgment creditor, unless the court shall be satisfied that the debtor has made default and has had since th« date of the original judgment the means to paj the sum in respect of which he has made default, and a minute of such satisfaction is entered in book H. aforesaid.
13. (1) Summonses when to be served.] A summons in an action brought under the provisions of the Employers' Liability Act, 1880, where it Is to be served in the home district, shall be delivered to the bailiff thirty-two clear days at least, and, where it is to be served in a foreign district, thirty-five clear days before the return day, bat it shall in either case be served thirty clear days before the return day thereof.
14. (2) Particulars to be filed.] Particulars of demand shall be filed by the plaintiff at the time of the entry of the plaint, whatever the amount claimed may be; and a copy thereof shall be forthwith sent to the judge.
15. (3) What particulars of demand shall state-] The particulars of demand shall state in ordinary language the cause of the injury, and the date at which it was sustained, and the amount of compensation claimed, and where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff, and where the injury of which the plaintiff complains Bhall have arisen by reason of the act or omission of any person in the servioe of the defendant, the particulars shall give the name and description of such person.
16. (4) Notice of demand for a jury.] Notice of a demand for a jury shall be given in writing to the registrar of the court fifteen clear days at least before the return day, and the summonses to the intended jurors shall be delivered to the bailiff forthwith.
17. (5) Qualification of assessors.] Any person who shall, as hereinafter provided, be appointed by the judge to act as an assessor in the action, shall be qualified so to act.
18. (6) How assessors are to be applied for.] Where no demand for a jury shall have been made, a party who desires assessors to be appointed shall, ten clear days at least before the return day, file an application according to the form in the schedule, stating the number of assessors be proposes to be appointed, and the names, addresses, and occupations of the persons who may have expressed their willingness in writing to act as assessors. If the applicant has obtained the consent of the other party to the persons named being appointed, he shall file such consent with his application.
19. (7) Where application for assessors made by one party only, it shall be forwarded to the other party.] Where the application for the appointment of assessors has been made by one party to an action only, the registrar shall forward the application so made to the other party, who may then either file an application for assessors, or file objections to one or more of the persons proposed.
20. (8) Where both parties propose assessors, no objection to be allowed to persons proposed.] Where separate applications are filed by the parties, no objection to the persons proposed shall be made by either party, but the judge may appoint from the persons named in each application one or more assessor or assessors, provided that the same number of assessors be appointed from the names given in such applications respectively.
21. (9) Application lobe forwarded to Judge.] The applications for the appointment of assessors, together with any objections made to the persons proposed, shall be forwarded by the registrar to the judge.
22. (10) If judge grant application fur assitsors he skill appoint such of the persons proposed as he may think fit.] Where the judge shall grant the application for the appointment of assessors he shall appoint such of the persons proposed for assessors as he may think fit, subject to the provisions hereinbefore or hereinafter contained in this order.
23. (11) Judge, whether application has or has not been made, may appoint assessors.] In any action where no demand for a jury has been made, and an application for the appointment of assessors has been filed, the judge may, either before or at the return day, nominate one or more additional persons to act as assessor or assessors in the action. Where no application for assessors has been made, the judge may, if he think fit, appoint any one or more persons to act as assessor or assessors in the action before or at the return day.
24. (12) Where assessors fail to attend.] If at the time and place appointed for the trial all or any of the assessors appointed shall not attend, the judge may either proceed to try the action with the assistance of such of the assessors, if any, as shall attend, or he may adjourn the trial generally, or upon any terms which he may think fit, or he may appoint any person who may be available and who is willing to act, and who is not objected to or who if objected to is objected to on some insufficient ground, or the judge may try the action without assessors if he shall think fit.
25. (13) Remuneration o f assessors."] Every person nominated as an assessor shall receive for each day's attendance in every action the sum of two guineas, together with such further sum, if any, for his expenses as the judge may order.
26. (14) Deposit on application for assessors of amount of their remuneration.] Every person requiring the judge to be assisted by assessors shall at the time of filing his application deposit with the registrar the sum of two guineas for each assessor proposed, and such payments shall be considered as costs in the action, unless otherwise ordered by the judge. Provided that where a person proposed as an assessor shall have in writing informed the registrar that be does not require his remuneration to be so deposited, no deposit in respect of such person shall be required.
27. (15) Remuneration of assessors not proposed by the partits but appointed by judge. ] Where an action shall be tried by the judge with the assistance of auy assessors in addition to or independently of any assessors proposed by the parties the remuneration of such assessors shall be borne by the parties, or either of them, as the judge shall direct.
28. (16) Where action not tried an allowance to be made to assessors by order of judge.] If after an assessor has been appointed the action shall not be tried, the judge shall have power to make an allowance to him in respect of any expense or trouble which he may have incurred by reason of his appointment, and direct the payment to be made out of the turn deposited for his remuneration.
29. (17) Assessors to sit with judge.] The assessors shall sit in court with the judge, and assist him when required with their opinion and special knowledge for the purpose of ascertaining the amount of compensation, if any, which the plaintiff shall be entitled to recover.
Consolidation of Actions or Stay of Proceedings.
30. (18) Consolidation of actions.] Where several actions shall be brought under this Act against a defendant in the same court in respect of the same negligence, act, or omission, the defendant shall be at liberty to apply to the judge that the said actions shall be consolidated.
31. (19) Opposite party tn have notice,] Applications for consolidation of actions shall be made upon notice to the plaintiffs affected by such consolidation.
32. (20) Stay of proceedings.] Incase several actions shall be brought under this Act against a defendant in the same court in respect of the same negligence, act, or omission, the defendant may, on filing an undertaking to be bound to far as his liability for such negligence, act, or omission is concerned by the decision in such one of the said actions at may be selected by the judge apply to the judge for an order to stay the proceedings in the actions other than in the one to selected, until judgment is given in such selected action.
33. (21) Stay of proceedings; application for.] Applications for stay of proceedings shall be made upon notice to the plaintiffs affected by stay of proceedings or cx parte.
34. (22) Judge may impose terms.] Upon the hearing of any application for consolidation of actions or for stay of proceedings, the judge shall have power to impose such terms and conditions and make such order in the matter as may be just.
35. (23) Wliere order for stay of proceedings is made ex parte.] If any order shall be made by a judge upon an ex parte application to stay proceedings, it shall be competent to the plaintiffs affected by such order to apply to the judge, upon notice or ex parte, to vary or discharge the order so made, and upon such last-mentioned application such order shall be made as the judge shall think fit, and the judge shall have power to dispose of the costs
1 by such order or orders as he may deem right.
36. (24) Wliere verdict given in selected action.] In case verdict in the selected action shall be given against the defendant, the plaintiffs in the actions stayed shall be at liberty to proceed for the purpose of ascertaining and recovering their damages ana costs.
37. (25) Defendant may admit his liability.] A defendant may admit the truth in the plaintiffs' particulars in the actions of any statement of his liability for such negligence, act, or omission, and thereupon the provisions of order xii., rule 3, shall apply.
(26) IVliere more plaintiffs than one compensation due to each to be found.] Where two or more persons are joined as plaintiffs under order v., rule 1, and the negligence, act, or omission which is the cause of action shall be proved, the judgment shall be for all the plaintiffs, but the amount of compensation, if any, that each plaintiff is entitled to shall be separately found and set forth in the judgment, and the amount of costs awarded in the action shall be ordered to be paid to such person and in such manner as the court may think fit.
Should the defendant fail to pay the several amounts of compensation and the costs awarded in the action, execution against his goods may issue as in an ordinary action, and should the proceeds of the execution be insufficient, after deducting all costs, to pay the whole of the amounts awarded, a dividend shall be paid to each plaintiff, calculated upon the proportion of the amount which shall have been awarded to the respective plaintiffs to the total amount realised after the deduction of all the costs of the action as aforesaid.
Application Fob Assessors.
In the County Court of Between
The plaintiff [or defendant] applies to have an assessor [or assessors] appointed to assist the court in ascertaining the amount of compensation to be awarded to the plaintiff, should the judgment be in his favour ; and he submits the names of the following persons, who have expressed their willingness in writing to act as assessors, should they be appointed.
(Here set out the names, addresses, and occupations of tin persons above referred to.)
* The defendant [or plaintiff] consents to the appoint
* Where the other party does not consent, or where the other party has filed an application for the appointment of assessors, strike this paragraph out.
ment of any of the persons above named to act as assessors in this action, as appears by his consent thereto filed herewith.
Plaintiff [or Defendant].
Appointment by Judge.
to be assessors in this action.
We, John Bury Dasent, Rupert Alfred Kettle, Alfred Martineau, Henry J. Stonor, and James Motteram, being judges of county courts appointed to frame rules and orders for regulating the practice of the courts, and forms of proceedings therein, under the 32nd section of "The County Courts Act, 1856," have by virtue of the powers vested in us thereby and of all other powers enabling as in this behalf, framed the foregoing rules and forms, and we do hereby certify the same to the Lord Chancellor accordingly.
J. B. Dasent. Rupert Kettle. A. Martineau. H. J. Stonor. J. Mottebam. I approve of these rules and forms to come into force in all county courts on the 1st day of January, 1881.
December 27, 1S80.
CREDITORS UNDER 22 & 23 VICT,
Aivswobth, Fbawcis, Macclesfield, Chester, Surgeon.
Birchenall, John, Macclesfield, Surgeon. Feb 12. May, Macclesfield
Bowen, Sarah, Brighton. Feb 10. Woods and Dempster, Brighton Court, Richard, Cornbrook, Manchester, Gent. March 25.
Crowther and Clayton, Manchester Dancer, Eleanor, Battle, Sussex. Feb 12. Trollopc and Winck
wortb, Westminster Dawe, Christopher Gundry, Gorscombe, Gent. Jan 31. Price,
Dodds, Walter, Church rd, Richmond, Gent. Feb 14. Pattison
and Co, Queen Victoria at Dorr, Georgians King, Roehampton, Surrey. March 1. Gregson,
Gbren, Rev Thomas, Badby, Northampton. Feb 28. Burton and Willoughby, Duventry
Hathway, Robert Bryant, Frampton Cottercll, Gloucester, Farmer. March 1. Trenfield, Chipping Sodbury
Holdsworth, John, Halifax, Merchant. Feb I t. Mumford, Bradford
Hughes, Robert, Lympstone, Devon, Retired Surgeon. Feb 1. Gidley, Exeter
Jacobs, Jonas, St James* place, Aldgate, Gent. Feb 18.B Emanuel and Co, Walbrook
Jones, Ann, Liverpool. March 4. Whitaker, Lancaster pi, Strand
Kku, Alan, Liverpool, Sugar Refiner. April 30. Gamett and Tarbet, Liverpool
Laugheb, Mary Ann, Birmingham. Feb 13. Simcox, Birmingham
Marshall, Joseph, Whitton(nr Hounslow, Gent.
wick and Sous, Dewsbury Martin, Robert, Kingston-upon-llull, RetiredCowkeepcr.
Reed and Winter, Hull Mccalmont, Alfred Leighton, Highfield, nr Southampton, Esq.
Feb 12. Nicholl and Co, Strand Mccalmont, Freedrtck Haynks, Inner Temple, Barrister-at-law.
Feb 12. Nicholl and Co, Strand Mettam, Sarah, Sheflleld, Merchant. March 21. Broomhead and
Moore, Thouas, Sheffield, Common Brewer. March 21. Broomhead and Co, Sheffield
Plowden, William Henry Chichblby, Ewhurst park, Southampton, Esq. Feb U Bell and Steward, Lincoln's mn fields
Purvis, George Thomas Mattland, Yokohama, Japan, Harbour Master. Feb H. Martin, Fcnchurcli st
Rice, George, Piccadilly, Horse Dealer. Feb 25. Pearpoint and Co, Leicester sq
Rooke, John, Lusholme, Manchester, Mauufacturing Chemist.
Feb 22. Wood and Co, Manchester Siddle, Alfred, Dukinflcld, Chester, Dentist. Jan 30. Hampson,
Ashton-undcr-Lyne Smith, Thomas Samuel, Lower Norwood, Wine Merchant. Fob 21,
Hamlin mid Grammer, Staple inn Strains, Elizabeth Atkinson, St Paul's rd. March 26. Cummins,
Old Broad st
Sutton, Anne Elizabeth, Coleherne rd, South Kensington. Feb
18. Little and Mills, Stroud Sutton, Richard, High Road, Tottenham, Baker. Feb 14. Wobb,
Taylor, Henry, Holland rd, Kensington. Feb 12. Braikenridge, Bartlctt'a bldngs
Tilley, Joskrh Samuel, Staines, Pawnbroker. March 1. Home
and Encall, Staines Tracy, Emily, Sidney villas, Brixton rise. Feb 21. Pontifcx, St
Andrew's st, Holborn circus Weston, Thomas, Dnivcott-in-tho-Moors, Stafford,Farmer. March Thneker and Cull, Cheadle
Feb 23. ChatlFeb 14.
Weight, Robert, Wisbech, Cambridge, Harness Maker. Feb 10. Welchman and Carrick, Wisbech
r Gazette. Jan. 7.]
Ashwood, Krf.dkrick, Paddingtou, Builder. Feb 21, Vernon and Co, Moorgate st
Bknnett, John, Ladbroke sq, Notting hill, Esq, April 1. Harris, Notting hill
Bennett, William, Liverpool. Feb 7. Jcvons and Co, Liverpool Bentley, Iunnah, Stoke-upon-Trent. Jan 28. Robinson, Stokcupon-Trent
Bond, William Gvoroe, Taunton, Somerset, Hotel Keeper. Juno
21. Fryer, Exeter Buchan, Ann, Kidderminster, Worcester. Feb 28. Burchcr,
Bullee, Rev Reginald John, Troston, Suffolk. Feb 12. Stogdon,
Clement's inn, Strand Caoogan, Francis, Strand, Architect. March 8. Hatton and
Christy, Arthur Dk Horne, Edenbridge, Kent, Esq. Feb* 23,
Baileys and Co, Bernnrs st Ceavkn, John, Old Million, York, Gent. Feb 8. Jackson, Malton Eddles, William, St Mary Church, Devon.l Builder. Jan 31.
Hooper and Woollen, Torquay Franks, John Fbkdv.rick, St James' place, Westminster, Esq.
March 3. Cnrlifdo mid Ordcll, New sq, Lincoln's inn Frith, Gf.orgk William. Tottenham-court rd, Boot and Shoo
Salesman. Feb 23. Pilj^rim and Phillips, Church ct, LoLhbury Graver-browne, John Bathukst, Morlcy Hall, Norfolk, Esq.
March 1. Coaks and Co Grundy, Richard, Nottingham, Auctioneer. March 15. Dowson
and Wright, Nottingham Hill, John Ellis, Ecclesbournerd,Islington, Gent. Feb 9. 'White,
Holdway, Maby Ann, St Mary Bourne, Southampton. March 15,
Smith and Son, Andover Horhocks, Robkbt, Walmersley - cum - Shuttleworth Lancaster,
Farmer. Feb 12. Grundy, Bury Hutchinson, Richabd Sgholes, Scarborough, M.D. Feb li,
Woodall and Wood all, Scarborough Johnson, Richard, Tilney St Lawrence, Norfolk, Fanner. March
8. Ward, King's Lynn Livsky, James, Bury, Lancaster, Cloth Overlooker in a Cotton Mill,
Feb 12. Grundy, Bury Sicard. Amelius, Bridge, Kent, Surgeon. March 12. Plummer
and Fielding, Canterbury Squibb, Alfred Bennett, Looe, Cornwall, Esq. April 9. Teunkif;
and Goldsmith, Devonport Wootton, Benjamin, Richmond crescent, Barnsbury, Ring Case
Maker. Feb 8, Bolton and Co, Northampton sq
LEGISLATION OF THE WEEK.
HOUSE OF LORDS.
BILLS IN COMMITTEE.
JAN. 14.—BILL IN COMMITTEE. Augmentation of Benefices Act Amendment (passed through committee).
BILLS READ A THIRD TIME. Burial and Registration Acts (Doubts Removal) ; Judicial Committee.
JAN. 17.—BILL READ A THIRD TIME. Augmentation of Benefices Act Amendment.
BILL READ A FIRST TIME. Prevention of Floods (Earl Spencer).
HOUSE OF COMMONS. JAN. 13.—BILL READ A SECOND TIME. Married Women's Property (referred to a select committee).
BILLS READ A FIRST TIME. Bill to Alter the Qualifications required for holding certain Appointments, and otherwise amend the Medical Act (Mr. Errington).
Bill to provide a Remedy by law for Married Women against their Husbands neglecting or refusing to maintain and educate their Children (Mr. Hopwood).
JAN. 17.—BILLS READ A FIRST TIME.
Bill for closing Public-houses on Sundays in England and Wales, making provision for the sale of beet for consumption off the premises during certain limited hours and for the exceptional requirements of large towns.
Bill to appoint a Commission for the alteration of the areas of Local Government in certain Cssps, and for the rearrangement of Boundaries (Lord E. Fitzmaurice).
Bill to amend the Employers' Liability Act, 18S0 (Mr. Macdonald).
The examination for the Chancellor's Medal for Legal Studies, at Cambridge, open to all graduates under the standing of M. A. or LL.M., will begin on Monday, February 14, at nine, iu the law school. Candidates are requested to send their names and the date of their degree to Professor E. C. Clark, Newnham-house, Cambridge, on or before February 7.
"A London Firm of Solicitors" write to the Times:—" A paragraph has appeared in the papers to the effect that, in addition to the seventy-seven millions now held by the Paymaster-General of the Chancery Division of the Courts ot Justice, the amounts standing to the credit of suitors in the common law divisions will shortly be transferred to him. This morning we obtained from one of the chief clerks of the Master of the Rolls an order dividing a sum of upwards of £4,700 among the parties interested. To complete this order a certificate is required by the Paymaster-General to show that that sum is in his hands on this day. On applying for such certificate we are informed that the Paymaster is ten days in arrear with his books, and consequently our clients must wait that time before the order can be proceeded with. If it takes ten days to obtain a certificate of the funds now in the hands of the Paymaster, what time will elapse when he