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Richards, Frederick Henry, Shoreditch, Mantle Manufacturer. LI AW PARTNERSHIP WANTED, by a Solicitor, March 7 at 2 at offices of Goldberg and Langdon, West st, Fins.
U admitted upwards of eight years, who has capital. Beers bury circus
accustomed principally to Chancery and Conveyancing.-Address,. Richmond, Samuel, Nottingham, Baker. Feb 28 at 3 at offices of
G. H., care of Davies & Co., Advertising Agents, Finch-lane, Corn Belk, Middle pavement, Nottingham
hill. Rickards, James, Park st, Camden Town, Umbrella Maker. March 9 at 2 at offices of Kennedy, Warwick ct, Gray's inn
I AW.- Wanted, Situation by Advertiser (unRobinson, James, Walton-on-the-Hill, Lancaster, Grocer. March 8 1 admitted). Competent to manage Common Law and Bankat 2 at offices of Gibson and Co, South John st, Liverpool. Tom.
ruptcy without supervision, Conveyancing with slight snpervision. kies, Liverpool
Twenty-five years' experience.--Address, O., care of Mr. Benson, Robinson, John, Warkworth, Northumberland, Brewer, March 10
Law Stationer, 13, Postern-gate, Hull. at 11 at offices of Tate and Percy, St Michael's lane, Alnwick Ruffle, William Fitch, Portsmouth, Commission Agent. March 7 at
AS SECRETARY to a SOLICITOR. -The Ad3 at offices of Blake, Ordnance row Portsea Savery, Alfred, Taunton, Somerset, Ironfounder. March 4 at 11 at
A v ertiser, son of a Solicitor, 27 years of age, a good Accountantoffices of Kite, East st, Taunton
and Correspondent, and possessing the faculty of order, offers his Savill, Charles, jun, High st, Camden Town, Cheesemonger. March
services in above capacity.-Address, B. Z., 20, Mark-lane, E.C.
JUNIOR CLERK.-A well-educated Youth (18), Sawyer, Henry, Tunstall, Suffolk, Blacksmith. March 11 at 2 at
wants a situation as above in a Solicitor's Office. Can be well offices of Pollard, St Lawrence st, Ipswich Scott. Nathaniel Latham, Hoxne, Suffolk. Farmer. March 14 at 3
recommended for steadiness and industry.-Apply, by letter, to at White Lion Hotel, Eye. Gudgeon, Stowmarket
H. A. L., care of Messrs. Tucker & Lake, 4, Serle-street, Lincoln's. Shaw, Thomas, and not Straw, as erroneously printed in Gazette of
inn, London. 15th inst., Hanley, Staffcrd, Tripe Dresser. Macrh 12 at 11 at A SOLICITOR (B.A., London), of many years' offices of Stevenson, Cheapside, Hanley
A standing, who passed his examination with honours, and has Sheard, Edwin, Batley, York, Oil Merchant. March 7 at 2.30 at the
had some experience in preparing candidates for legal and other George Hotel, Wellington st, Batley. Law, Batley
examinations, is willing to read privately with Gentlemen desirous Smith, John, Moton nr Gainsborough, Lincoln, Innkeeper. March
of passing the Preliminary, Intermediate, or Final Examinations. 3 st 11 at offices of Bladon, Gainsborough Smith, Joseph, Braceborough, Lincoln, Farmer. March 4 at 10 at
Terms moderate.- Address, B.A., H, Horne, Law Stationer, War
wick-court, Holborn, W.C. offices of Law, St. Mary's pl, Stamford Smith, William Henry, Bradford, York, Stay Maker, March 5 at 11
BATEMAN NAPIER, LL.B., London, Clifat offices of Wright, Darley st, Bradford Spurgin, William Job, St. Martin's court, St. Martin's lane, Licensed
1. ford's-inn, then First Prizeman, Winner of the Incorporated
Law Society's only (the Scott) Scholarship for the year 1876, Con. Victualler. March 3 at 3 at offices of Norman, Great Marlbor
veyancing Gold Medallist, and First Class Law Honours, London, ough st, Regent st Stead, Levi, Batley, York, Baker. March 7 at 2 at offices of Wooler
prepares Students, both privately and in class, for the Preliminary,
Intermediate, and Final. Students are also carefully prepared and Wooler, Exchange buildings, Batley
through the post. Fifty-three out of sixty of the pupils last sent Stratford, Francis Henry, Gloucester, Publican. March 3 at 11 at
up have been successful. Classes are now reading for the April offices of Henderson, Berkeley st, Gloucester
Examinaticns, and will commence for the Juno on Tuesday, March Sudbury, Samuel, Ormskirk, Lancaster, of no occupation. March
8.-For terms, &c., apply, No. 1, Mitre-court-buildings, King's 8 at 3 at offices of Parr and Sadler, Railway rd, Ormskirk Sutherland, Eric, Berkeley sq, Farmer. March 10 at 2 at Lombard
Bench-walk, Temple, E.C. House, George yd, Lombard st. Vallance and Vallance, Essex st DOYAL INSURANCE COMPANY Swann, William, Scarborough, York, Saddler. March 2 at 3 at yard, Newborough st, Scarborough
FIRE-LIFE-ANNUITIES. Taylor, Alfred, štoke Ferry, Norfolk, Farmer. March 9 at 12 at ACCUMULATED FUNDS IN HAND offices of Copeman, Downbam Market
OVER £4,000,000. Taylor, George Henry, Horbling, Lincoln, Farmer. March 2 at 10
Agents wanted on liberal terms of commission. at Nag's Head Inn, Bourn. Law Thomas, Abraham Dolamore, Fortis Green, Hornsey, Carman.
Apply to J. HAMER OWENS, Manager, Law Courts Branch March 9 at 3 at offices of Chamberlain, Basinghall st
33, Chancery-lane. Tucker, John Francis, Southend, Essex, Plumber. March 9 at 2 at Railway Tavern, Southend. Wood and Son, Rochford
RO VIDENT LIFE OFFIO E Turner, James, Horton, Bradford, Cabinet Maker. March 8 at 11 at offices of Moore, Albion chambers, Hustlergate, Bradford
50, REGENT STREET, and 14, CORNHILL, LONDON. Wallbanks, Henry, Burslem, Stafford, Beerseller. March 7 at 3 at offices of Alcock, Market st, Tunstall
Existing Assurances exceed
..£6,500,000 Watson, Edward Albert, Reading, Painter. March 5 at 10 at 24, Invested Funds
2,124,711 Friar st, Reading. Newman
279,852 Way, James Joseph, Bristol, Cork Cutter. March 2 at 2 at offices Claims Paid exceed
. .. 6,500,000 of Benson and Carpenter, Bank chmbrs, Corn st, Bristol
.. .2,342,000 Wells, Jane, Leominster, Hereford, Proprietor of a Ladies' School, March 8 at 3 at Moore, Corn sq, Leominster
During the past year (1880) each main item has shown improve Weston, William Edward, Leicester, Cabinet Maker. March 8 at 3
arch 8 at 3 ment upon the preceding year. at offices of Wright, Belvoir st, Leicester Whiting, John, Brooksbot rd, Brentford, Carman. March 4 at 3 at
1880. offices of Lay, Townhall, Brentford
£15,172 £18,845 Williams, Edward Richard Johns, Sheerness, Kent, Navigating
273,684 279,852 Lieutenant, R.N. March 7 at 1 at Law Institution, Chancery lane. Invested Funds..
CHARLES STEVENS, Secretary. 3 at Brunswick Hotel, West Hartlepool Winn, John, Horseferry rd, Westminster, Contractor. March 9 S U N FIRE OF F I O E.
at 3 at offices of Taylor and Jaquet, South st, Finsbury sq Winter, John Hampton, Middleham, York, Trainer of Race TIREADNEEDLE STREET, E.C. CHARING CROSS, S.W. Horses. March 4 at 10 at the Railway Hotel, Northallerton.
OXFORD STREET (Corner of Vere-street), W. Waistell
ESTABLISHED 1710. Young, James, and Edwin Tarrant, Walthamstow, Essex, out of
Home and Foreign Insurances Effected. business. March 3 at 2 at offices of Hawkins, New Broad st
Sum insured in 1879, £262,492,461.
FRANCIS B. 'RELTON, Secretary: REVERSIONARY and LIFE INTERESTS in
IV LANDED or FUNDED PROPERTY or other Securities and Anti-Dyspeptic Cocoa or Chocolate Powder.
Annuities PURCHASED, or Loans or Annuities thereon granted,
by the EQUITABLE REVERSIONARY INTEREST SOCIETY (LIMIGuaranteed Pure Soluble Cocoa of the Finest Quality, with the TED), 10, Lancaster-place, Waterloo Bridge, Strand. Establisted 1835. Excess of fat extracted.
Capital, £500,000. Interest on Loang may be capitalized. The Faculty pronounce it “the most nutritions, perfectly digestible
F. S. CLAYTON, 1 Joint beverage for Breakfast, Luncheon, or Supper, and invaluable for
C. H. CLAYTON, ) Secretarias. I Talids and Children.”
Highly commended by the entire Medica IPress. Being without sugar, spice, or other admixture, it suits all palates, keeps better in all climates, and is four times the strength of cocoas TRICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER tban such Mixtures.
BY SPECIAL APPOINTMENT, Made instantaneously with boiling water, a teaspoonful to a Break To Her Majesty, the Lord Chancellor, the Whole ( ho Judicial Bench fast Cup, coating less than a halfpenny.
Corporation of London, &c. COCOATINA A LA VANILLE is the most delicato, digestible, cheapest SOLICITORS' AND REGISTRARS' GOWNS, Vanilla Chocolate, and may be taken when richer chocolate is prohibited.
BARRISTERS' AND QUEEN'S COUNSBL'S DITTO, In tin packets at 18, 6d., 3., 5s. 6d., &c., by Chemists and Grocers,
| CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, Charities on Special Terms by the Sole Proprietors,
ESTABLISHED 1689. H. SCHWEITZER & co., 10, Adam-street, London, W.C.
94, CHANCERY LANE, LONDON.
EDE AND SON
BOROUGH OF BIRKENHEAD.
NEW LAW BOOKS JUST PUBLISHED BY TOWN OLERK'S OFFICE.Wanted, an efficient 1 General Clerk, who can attend Meetings of Committees and
WATERLOW BROTHERS & LAYTON, has a knowledge of Municipal and General Law. Salary, £150 per
23, 24, AND 25, BIRCHIN LANE, LONDON, E.C. annum. Also, a Shorthand and Writing Clerk. Salary, £80 per
Just issued, price 128. 6d. net. annum.
Applications, accompanied by testimonials, to be sent in, stating DANKRUPTCY LAW and PRACTICE: being a experience of applicants, on or before the 1st of March next.
D Treatise on the Law and Practice of Bankruptcy, up to the ALFRED GILL, Town Clerk, Birkenhead,
present date; with the Act of 1869; Orders, Rules, Forms, &c. : Town Hall, 10th February, 1881.
with an Introduction and Copious Notes on the Law, as regulated
by the Leading Cases and Decisions. Periodical Sale of Reversions, Policies, &c., at the Mart, on Thurs.
By Hy. WYATT HART, B.A., Barrister-at-Law. day next.
Now ready, price 3s. 6d, net. M ESSRS. MARSH, MILNER, & CO. Will SELL
THE LAW of the EMPLOYER'S LIABILITY T by AUCTION, at the MART, E.C., on THURSDAY next,
for NEGLIGENCE of SERVANTS, with the Act of 1880, and MARCH 3, at TWO o'clock precisely, the following interests :
Rules issued thereunder, with Notes and a Sketch of the History of 1. The ABSOLUTE REVERSION to ONE-FOURTH SHARE
the Law. of the following: £6,700 on mortgage of freehold and leasehold
FORM FOR CONTRACTING OUT OF THE Act. property at Liverpool; £320 cash in Bank ; £8,000 value of unsold
By THOMAS BEVEN, Barrister-at-Law. portions of the Arnside Estate, Westmoreland: £270 Furness Rail
Third Edition, price 5s. net. way Five and Six per Cent. Preference Stock: £180 Furness Railway Four-and-a-half per Cent. Preference £10 shares ; £450 value of
MHE BILLS of SALE ACT, 1878, with an Epitome furniture-less certain legacies, receivable on decease of a lady now
l of the Law as affected by the Act, and Recent Decisions and in her 54th year.--Solicitor, F. W. Wats
Cases, together with the Statutes, Rules, and Forms relating to 2. The LIFE INTEREST of a gentleman, aged 69, in a freehold Interpleader. house, 167, East India Dock-road, Poplar, let at £36 per annum, but
By HERBERT REED, Barrister-at-Law. worth £40; and £3,000 New Three per Cent. Annuities, invested in
· LONDON: WATERLOW BROS. & LAYTON, the names of two trustees, and together producing £126 per annum;
23, 24, and 25, Birchin-lane, and 30, Lime-street, E.C. also a policy for £100 in the Law Union Assurance, 126, Chancerylane.-Solicitor, John Bryan, Esq., Gloucester.
Just Published. Price 7s. 6d. Part VIII. Vol. II. 3. The REVERSIONARY INTEREST in FREEHOLD PROP THE STATUTES of PRACTICAL UTILITY in ERTY, situate at Pyworthy, near Holsworthy, Devon, in the 1 the Civil and Criminal Administration of Justice passed 43 & occupation of the tenant for life, and let at a gross annual rental of 44 Victoria (1880), Alphabetically Arranged, with Notes thereon, and £350 per annum, receivable on decease of a lady now in her 54th
annum, receivable on decease or a lady now in her 54th a Copious Index. By HORATIO LLOYD, Esq., Judge of County vear, provided a gentleman aged 30 survives her.--Solicitors, Messrs. Courts. A General Index to all the numbers of Vol. II. of Truefitt & Gane, 543, Bishopsgate-street Within,
LLOYD'S STATUTES is given with this Part, to enable sub4. The ABSOLUTE REVERSION to a FOURTH PART of a SUM scribers to bind them into One Volume, in continuation of the Four of £2,000, standing in the names of two trustees and invested upon a Volumes of CHITTY'S STATUTES by WELSBY and BEAVAN. Debenture Bond of the Metropolitan Railway, receivable on London: HENEY SWEET, 3, Chancery-lane ; STEVENS & Sons, 119, decease of a lady now in her 79th year.--Solicitor, T. Bradley, Esq.,
Chancery-lane, Law Publishers. 75, Mark-lane. 5. A POLICY of ASSURANCE for £1,000, effected in 1858 in the
Just Published. Royal 8vo. Price 38s., cloth. British Equitable Assurance Company, 4, Queen-street-place, E.C.,
WOODFALL'S LAW of LANDLORD and TENon the life of a gentleman now in his 61st year. Original annual premium £31 146. 8d., reduced by bonuses to £23 5s. 2d. --Solicitors,
ANT; with a full Collection of Precedents, and Forms of Messrs. Stibbard, Gibson, & Co., 21, Leadenhall-street, E.C.
Procedure; containing also an Abstract of Leading Propositions, 6. A valuable POLICY for £1,000, effected in 1856 in the Scottish
and Tables of certain Customs of the Country. The Twelfth Edi.
tion, in which the Precedents of Leases have been Revised and En. Provincial Assurance Company, London and Aberdeen, on the life of a gentleman now in his 64th year. Annual premium £31 58., to.
larged with the assistance of L. G. G. ROBBINS. Esa.. by J. M.
LELY, Esq., of the Inner Temple, Barrister-at-Law; Editor of gether with bonuses accrued amounting to £355 18s. Ild.--Solicitor,
“ Chitty's Statutes of Practical Utility” and “Hodges on Rail. G. C. Sherrard, Esq., 11, Lincoln's-in-fields, W.O. Particulars at 54, Cannon-street.
ways,” and Joint Editor of the “ Licensing Acts" and the “Judi.
London : HENRY SWEET, 3, Chancery-lane ; WILLIAM MAXWELL & Auctions, Season 1881.
Son, 29, Fleet-street; STEVENS & Sons, 119, Chancery-lane, MESSRS. HARVEY, DAVIDS, & MORRIS,
Law Publishers. IVI beg to announce that they have arranged for their SALES by AUCTION to take place at the MART, Tokenhouse-yard, Bank,
Just Published. Demy 8vo. Price 188., cloth. E.C., on the following dates throughout the ensuing year, com. THE COMMON AND STATUTE LAW REmencing at TWO o'clock precisely each day :
LATING TO HIGHWAYS IN ENGLAND AND NORTH Date.
WALES ; with an Appendix of Statutes. By R. H. SPEARMAN, Wednesday, March 2 .
Esq., of the Inner Temple, Barrister-at-Law. Wednesday, March 16
Ground Wednesday, March 30
London: HENRY SWEET, 3, Chancery-lane, Law Publisher. Ground Wednesday, April 20
Ground Wednesday, April 27 First
Second Edition. One Shilling, or 13 stamps by post. Wednesday, May 11
GKIN DISEASES TREATED HOMEOPATHI. Wednesday, May 25
D CALLY.-By WASHINGTON EPPS, L.R.C.P. One hundred Wednesday, June 8 Wednesday, June 22
cases, including forty distinct varieties of skin diseases.
First Wednesday, July 6
London: JAMES EPPS & Co., 48, Threadneedle-street, and 170, Wednesday, July 20 First
Piccadilly. Wednesday, August 3
Ground Wednesday, August 10 .. ..
Fourth Edition (further revised and enlarged), price 5s., net. Wednesday, October 26.. First
INTS on ADVOCACY, including Examples of Wednesday, November 23
1 Sixteen Types of Witnesses, and the mode of Cross-examinThese sales will include landed estates, town and country houses, ing them. By RICHARD HARRIS, Barrister-at-Law, of the ground-rents, reversions, and shares. Owners, solicitors, and
Middle Temple and Midland Circuit. trustees desirous of including properties, are respectfully requested
London: WATERLOW Bros, & LAYTON, 24, Birchin-lane. to give instructions as early as possible, as it is of the utmost im. portance that sufficient time should be allowed to bring the sales
Just published, post 8vo, price 3s. prominently before the public.-Auction and Survey Offices, 117, Bishopsgate-street E.C.
MHE LIABILITY of EMPLOYERS, with the Act
I of 1880, and Rules thereunder. By W. HOWLAND ROBERTS
and GEORGE H. WALLACE, Esqs., Barristers-at-Law. MESSRS. HARMAN & MATTHEWS' HOUSE
“All the necessary materials seem to be supplied, and the com. W PROPERTY LIST for February is now ready, and may be mentary shows a good grasp of the subject."-Law Journal. had gratis by post, or on application at 35, Walbrook, E.C. Desirable
REEVES & TURNER, 100, Chancery-lane, London, W.C. properties of every class wanted for numerous buyers.
PRELIMINARY, INTERMEDIATE, FINAL (Pass and Honours) REVERSIONS. ANNUITIES, &c., SOLD by
M R. ALBERT GIBSON'S Classes and Postal penses if not sold £2 128. 6d., including printing and advertising.
ration for these Examinations continue throughout Mr. ALFRED BEAL, 82, Queen-street, London, E.C.
the year, except during one month in summer. Two Residential
Pupils received. Terms on application to 35, Southampton-buildTOR SALE, to pay 7 per Cent., House Property in
ings, Chancery-lane, or to St. Mary Cray, Chislehurst. T the West End. All well let and in good repair.-Apply to
[N.B.-At the Michaelmas Examination, 1880, out of 20 pupils F. ROGERS, Esq., 48, Guildford-street, Russell-square.
sent up for the Final 22 passed, out of 17 sent up for the Inter
mediate 16 passed, and all 9 pupils sent up for the Preliminary LOR SALE.-A Conveyancing and General Prac
passed. At seven out of the last eight Examinations Mr. Gibson's
pupils have taken Honours; the successes including First, tice in large Town on the East Coast of Yorkshire, capable Second, Third, Fourth, and fifth Prizemen, besides many Certof great development. Solicitors only need apply.- CIVIS, tificates of Merit, Second and Third Class Honours. In last “ Solicitors' Journal ” Office, 52, Carey-street, W.C.
June FOUR and in last November three pupils secured Honours.]
cature Acte noint Editor of that Utility” andes
336 ... 336
THE APPOINTMENT of Mr. J. C. MATHEW and Sir LONDON, MARCH 5, 1881.
HENRY JACKSON to the vacant judgeships will, we believe, be received with general approval. Both of the new
judges are men of experience, sound judgment, and CONTENTS,
common sense; and these are qualities for which to be
grateful in the case of occupants of the judicial benchi CURRENT TOPICS .. LORD COLERIDGE'S TILT. THE COST OF LITIGATION .........
292 TaE COYTETANCING BILL ...................................
WITH REGARD to the Attorney-General's recent stateCOREESPONDENCE ........ CASES OF THE WEEK :
ment in the House of Commons, that arrangements had Ex parte Winter
been made to increase the staff of clerks in the PayIn re Holland....... In re Smyth .......
master-General's Office in Chancery, we are enabled to Arkwright v. Newbold ......
state that additions are daily being made to the staff of Gathercole v. Smith...................
clerks, and that the other arrangements for facilitating Whiting v. Loomes.....
................... 33 Congbeare v. Lewis....
... 334 transaction of business to which we recently referred Kelsey v. Dodd...
are in active progress. Beddall v. Maitland .... In re Fowler ........................
335 In the Goods of Cooper ......
335 CASES BEFORE THE BANKRUPTCY REGISTRARS:Ex parte Andrews, Re Allison...
AS WE ANNOUNCED last week, the Order in Council conRe Briscomb ....
solidating the three common law divisions of the High LEGAL APPOINTMENTS
Court came into operation on Saturday last, and a notice COMPANIES................ OBITUARY.......
has been issued requesting solicitors to alter the title REFRESHERS ...................
of proceedings commenced in the Common Pleas or SOCIETIES
339 LAW STUDENTS' JOURNAL.....
339 Exchequer Divisions as follows:-"In the High Court CREDITORS' CLAIMS .........................................
of Justice, Queen's Bench Division.- Writ issued in Costs.....
the Common Pleas (or Exchequer] Division.” NEW ORDERS..................... LEGISLATION OF THE WEEK ......
342 LEGAL NEWS .....
342 LONDON GAZETTES, &c., &C................
COMPÄRING THE LIST of honoursmen at the January
examination of the Incorporated Law Society with that CASES REPORTED IN THE WEEKLY REPORTER.
issued after the June examination last year, there will Bowen v. Hall and others (App.) ..............
367 Chatterton v. Watney (Ch.Div. V.C.B) ........................ 373 be observed a remarkable diminution in the number of Gothenburg Commercial Company (Limited), In re (App.) .... 358 men in the first class. Last June there were eighteen, Jones v. The Swansea Cambrian Benefit Building Society (O.P.Div.) .................
382 there are now but seven. Considering that there were Latter v. Braddell and Wife and Sutcliffe (App.) .......... 366 eighty-four candidates, as compared with seventy-five Lewis v. Hoare (H.L.)....
at June, it would seem either that the general standard Markwick v. Hardingham (App.) ...
361 Merchant Banking Company of London, Ex parte The. In re of attainment has greatly fallen (which is not very Durham (App.) ..
likely), or that the questions have been more difficult. Metropolitan Bank, The, v. Heiron (App.
370 Nevill v. Snelling (Ch.Div. Denman, J.)
375 Scottish Petroleum Company (Limited), Re (Ch.Div. V.C.M.).. 372 Wells y, Chelmsford Local Board of Health (Ch.Div. Fry,J.) .. 381
WHEN THE COUNCIL of the Incorporated Law Society V orth, In re (Ch.Div. M.R.)
are able to spare a little time from their engrossing
public engagements, it may be well that they should CURRENT TOPICS.
bestow some attention on the evidence given in a case in the City of London Court, reported in the
City Press of last Wednesday. It would appear VICE-CHANCELLOR BACON rose yesterday (Friday) for from this case that a new profession has arisen-that a short interval and will not sit again until Friday, the
of the client introducer. The defendant was sued 11th inst.
by a firm of solicitors for work and labour done as solicitors at his request; and, according to the report in
the newspaper, he stated that a lady having applied to IT IS UNDERSTOOD that one of the judgeships recently
him to recommend her to a lawyer, he took her to the vacant was offered to and declined by Mr. COHEN, Q.C.,
plaintiffs. “He had,” he said, “ been in the habit of M.P.
taking clients to solicitors from whom he got a commis
sion, and he certainly expected a commission in the THE MEDICAL ADVISERS of Vice-Chancellor MALINS present instance." He had, however, never before, to have enjoined complete rest for the present, and although the knowledge of the plaintiffs, been at their office, and his lordship is progressing favourably, three weeks hence he found that his profession was not recognized is the earliest date suggested for his probable return to there. It would be very desirable to ascertain in what his court.
quarters his occupation has been plied, and whether he is the representative of any considerable number of client
introducers. IN THE MEANTIME an order has been made, transferring all Vice-Chancellor's MALINS's business, until further order, to Mr. Justice Fry, who will devote Friday and THE IRISH AUTHORITIES display considerable assiduity Saturday in each week to hearing short causes and in- | in putting in force old statutes. It is stated that terlocutory applications. Motions for judgment and at a recent Land League meeting at Ballinasloe a further considerations will not, for the present, be heard local publican displayed from his window & flag except so far as they are urgent, and then only on special bearing “a harp without a crown." The absence application.
of the latter emblem being supposed to render the
flag disloyal, the head constable summoned the One cannot help observing that in substance the two publican under the Licensing (Ireland) Amendment cases were very similar, but in the former case no doubt. Act, 1836 (6 & 7 Will. 4, c. 38), section 8 of which the application was incorrect in point of form. It is now epacts that “no person licensed to bell spirits by perfectly clear that the action, though it may be dead retail, to be consumed on the premises or otherwise, upon the time given by the order of dismissal expiring, sball knowingly permit any ... assembly of persons is capable of being brought to life again through the declared to be illegal or prohibited by any law in force medium, not of an application to a master to extend the at the time of the passing of the Act ... to meet time, as was done in Whistler v. Hancock, but of an or assemble" (upon the licensed premises), “nor shall on appeal to the judge to extend the time for appealing any occasion or pretence whatsoever hang out or display, against the order, and also to vary it by extending the or suffer to be hung out or displayed, on, from, or out time for taking the particular step required. of such house or other place of sale any sign, flag, symbol, colour, decoration, or emblem whatsoever, except the known and usual and accustomed sign of such house or other place of sale usually fixed THE PEACE PRESERVATION Bill, introdnced by Sir W. thereto in the way of business," on pain of a penalty of
HARCOURT this week, differs in some respects from the £2 and the non-renewal of the licence. The defendant, previous Peace Preservation Acts. It provides (clause 1) having asserted his ignorance of the law, was “let off that no person is to carry or have arms or ammunition in with a warning,” it being “the first case of the kind a proclaimed district except under conditions to be ever before the court." In future an Irish publican named in a proclamation by the Lord-Lieutenant; while wishing to exhibit a “ disloyal” emblem must style his the Act of 33 & 34 Vict. c. 9, allowed the carrying of bouse“ The Harp”; but it is observable that the exhi. arms under a licence, section 6 providing that no bition of the most loyal emblem which could possibly be person, though licensed to kill game, should have emblazoned upon a banner would have equally involved
or carry arms in & proclaimed district without a the forfeiture of the licence. We do not find a similar
licence to do so under the 19 & 20 Vict. c. 36 and the provision as to flags in any of the English Licensing Acts,
amending Acts. Clause 6 of the new Bill defines or the fronts of public-houses would present a less “arms” as including any cannon, gun, revolver, pistol, enlivening spectacle during elections. We suggest the sword, cutlass, pike, and bayonet (or any part of the arms matter for the consideration of Sir Henry James with so described), and “ammunition ” as including bullets, reference to his Corrupt Practices Prevention Bill.
gunpowder, nitro-glycerine, dynamite, gun-cotton and every explosive substance. Section 4 of the Act before referred to defined the word “ arms" in the same
way as in the present Bill, and included bullets, gunTHE CASE of Carter v. Stubbs (29 W. R. 132, L. R. 6 powder, and ammunition, but did not specify any other Q. B. D. 116) decided a practice point of some importo | explosives. ance. Some time ago, a decision of a highly technical character was pronounced by the Queen's Bench Division in the case of Whistler v. Hancock (26 W. R. 211, L. R. 3 Q. B. D. 83). The point there raised was as follows:
Mr. J. C. MATHEW's appointment increases the preAn order hod been made dismissing the action unless
dominance upon the judicial bench of former members atatement of claim was delivered within a week. The
of the Home or South-Eastern Circuit. That body is week expired, and no statement of claim was delivered.
now represented by nine judges-namely, Lords Justices The plaintiff then took out a summons for further time
BRAMWELL and LUSH, Sir BARNES PEACOCK, Sir JAMES for delivering statement of claim, and the master made
HANNEN, Mr. Baron POLLOCK, and Justices DENMAN,. an order giving the plaintiff a week's time. This order
HAWKINS, WILLIAMS, and MATHEW. The circuit may was set aside on appeal by Fry, J., on the ground that
also claim among former judges Lord CHELMSFORD, Lord the master had no jurisdiction to make it. The Queen's
Chief Justice Bovill, Lord Justice THESIGER, Mr. Baron Bench Division affirmed the decision of Fry, J., on the
CHANNELL, and Justices WILLES, ARCHIBALD, and Honyground that the action being already dead at the time
MAN. The Western Circuit ranks next, with five judges, when the master made his order, he had no jurisdiction
Lord COLERIDGE, Sir MONTAGUE SMITH, Sir ROBERT COLto extend the time for delivering statement of claim.
LIER, and Justices Lopes and Bowen, to which list the This decision was followed by the Exchequer Division in
| name of the late Sir ALEXANDER COCKBURN should be Wallis v. Hepburn (L. R. 3 Q. B. D. 84). It has always
added. seemed to us that these decisions went upon a much narrower and more technical ground than might at first sight appear. The court, in deciding the recent case of Carter v. Stubbs, rather sail round than overrule these The City Press says that the will of Mr. Charles Druce, decisions, but they show that the point decided was one late of Billiter-square, and of Denmark-bill, solicitor, who of form rather than of substance. In Carter v. Stubbs died on the 10th ult., was proved on the 8th inst. by Mr. an order was made dismissing the action unless an
| C. C. Drace and Mr. A. D. Druce, the song, the exeontora, answer to interrogatories was filed by the plaintiff within
the personal estate in the United Kingdom being sworn seven days. The plaintiff swore his affidavit in answer
under £120,000. The testator gives to his son, Charles within the time, but did not file it until after the seven
Claridge, the piece of plate presented to his father by the days had expired. He, however, then took out a
Corporation of the City, a pecuniary legacy of £2,000, and
all his real estate. The testator recites in bis will that he summons to have the order dismissing the action rescinded, and a master, thereupon, rescinded it, and gave lifetime ; and he leaves the residue of his personal estate to
bad made various gifts and transfers to his children in his the plaintiff a week's further time. On appeal against his said two song. this last order, Hawkins, J., at chambers, set the order aside, and made two orders-one which extended the
"An Official” writes to the Times :-"With the view of time for appealing against the original order dismissing
ascertaining what proportion counsel's fees bear to the the action, and the other varying that order by substitut.
expense of an ordinary action in tbe common law diviing fourteen for seven days. These orders of Hawkins,
sions, I have just analyzed thirty of the last bills of costs
filed in the Central Office here in cases which have proJ., were upheld on appeal by the Divisional Court, and
ceeded to trial. The result I find to be :-Total costs of subsequently by the Court of Appeal. The case of
thirty actions (including counsel's fees), £3,250 10s. ; Whistler v. Hancock is distinguished, on the technical
counsel's fees in same, 598 guineas. I may add that these ground that there was no order there extending the time bills were taken just as they came, without any selection: for appealing against the order dismissing the action. / whatever.”
THE COST OF LITIGATION.
LORD COLERIDGE'S TILT. One of the effects of the consolidation of the three LORD Justice Bramwell has addressed a letter to the chiefs of the common law divisions seems to be that the Times on the cost of litigation which contains one useful consolidated one, conscious, no doubt, of the pith of suggestion, and, if we may ventnre to say so with the three mighty warriors in his single arm, and feeling his utmost respect, some other suggestions which seem to be thrice manly heart beating valiantly beneath the ces either unpractical or unnecessary. The useful suggestion triplex of his chieftainship, has felt himself impelled to is that interlocutory costs should be paid down. The tilt, and has, in fact, tilted, against the sails of that result of the adoption of this course would certainly be gloomy old mill which was once known to men as the to diminish applications for time and so forth, which are Court of Chancery, and which still, in spite of its new now too numerous, arising, not from a desire to heap up name and coat of paint, looms—at any rate, when seen costs, but from pressure of work or an easy-going comfrom Westminster-almost as gloomy and giant-like as pliance with custom. If a solicitor hnd either to furnish ever. We shall leave to the doughty champion himself the money necessary for this purpose out of his own (who has, we hope, by this time safely regained his feet) pocket or to ask his client for it, he would be likely to the pleasant task of examining the scars and marks of consider more carefully before making these applications. mischief which the recent encounter has doubtless left But thisis a very small part of the Lord Justice's scheme. on his four-handed grinding old adversary; and we He proposes that the whole system on which costs are shall merely make a few prosaic, common-place remarks allowed in litigation shall be changed. “The remedy I in the expectation that, after the heat of the conflict propose,” he says, “is that the solicitor should be paid has passed away, they will be received, if not with a lump sum ; for instance, so much if proceedings acquiescence, yet with the tolerance which befits the stopped at the writ, so much if they stopped at a furtruly brave and chivalrous.
ther stage, so much if there was a trial; and this sum It appears then-to drop all metaphor and dis
should vary according to the amount at stake and other guise — that Lord Coleridge is so confident of the
circumstances. It might either be a percentage or it might unerring accuracy of the test applied to chancery
be a lump to be determined by the Master on hearing proceedings for administration by observing the ratio
the nature of the case. But I do not desire to go into between the value of the estate administered, and
detail. Merely to pay according to the work done is the costs of administering it, that on finding, in the wrong. Of
wrong. Of course the amount might vary if the losing course of a cose before him last Monday (reported in the
party had vexatiously increased the expense. It might next day's T'imes), that there had been an administration
vary, as between solicitor and client, if the client inaction in which the costs had been large in proportion to
sisted on a particular expense. If it was thought necegthe estate, and on calling to mind another instance of sary to protect the client, according to modern legisla . the same kind, he thought it right from his judicial seat / tion, his order for extra expense might be required to to pronounce a solemn malediction on the whole of the be in writing. No doubt some hardship would be worked existing machinery provided for the public winding up
by this. A solicitor would sometimes be underpaid. A of the affairs and estates of deceased persons, and to
successful party would not always get the full amount of declare “that a system that permitted such a state of
costs occasioned by his adversary being in the wrong. affairs was scandalous.”
But, as in other cases, the occasional hardship must be Now, we do not mean to say that in some in.
borne as part of a good system.” stances the costs of administration are not excessive;
This proposal strangely leaves out of sight the but whać we do say is, that it is idle to compare,
difference which exists among actions as to the period at as Lord Coleridge did, the costs of actions at law
which the main expense is incurred. In some actions a with proceedings for administration in chancery, or
very large part of the solicitor's work may have to be to treat, as the Times reporter did in his report of the
done before the writ is issued. Take, for instance, an case we have referred to, the costs of administration ac
action for breach of contract for successive deliveries of tions "as illustrating the cost of litigation.” The proper
coal or iron. There will most likely be a most voluminous winding up of a very small estate may be necessarily
correspondence, which must be read and copied, and a very arduous, anxious, and expensive undertaking.
analysed and carefully considered, by the solicitor before Men may, and often do, die and leave very little after
any legal steps are taken. On the other hand, there are them except tangled bundles of rights and liabilities,
actions where but little expense is incurred before trial; and if, as cannot be doubted, it is proper to provide
cases, for instance, in which the facts are not in dispute public machinery for unravelling these intertwisted |
and a poirt of law only is involved ; here, until the preskeins, it is clear that the cost of employing such
paration of the brief and payment of counsels' fees there machinery, and of skilfully watching and superintending
is little outlay. How is it possible, when actions vary its action, cannot be kept necessarily at a low percentage
so greatly as to the period at which the main expense on what may be the value of the ultimate result of the
is incurred, to fix an arbitrary lump sum if the action is process. Administration, in fact, is not litigation; and
stopped at the writ, and another lump sum if it is however procedure may be altered and costs cut down,
stopped at a further stage and before trial ? There there must still be many cases in which estates must
would be not merely “occasional hardships,” but conpay very largely for the operation of disentangling,
stant injustice resulting from such a system. clearing up, and dividing. It is to be hoped that, as But the Lord Justice suggests that the lump sum to be intelligence spreads, the public will see that this must | allowed need not be arbitrarily fixed; it might be deterbe so, and will not be led by the random observations mined by the Master on hearing the nature of the case. of even consolidated judges to consider that, because it And he suggests that the Master should be constituted a is possible for a small estate to give rise to difficulties, final and unfettered tribunal to decide the lump sum at the system that cannot always overcome such difficulties his own will. This at least is the meaning we attach to without causing considerable expenditure, is necessarily the following passage in the Lord Justice's letter :a scandal and disgrace.
“ Thirdly, it would be necessary to abrogate the present rules of taxation. A master is bound by the practice. For instance, suppose in a certain class
of cases two counsel are allowed. The master must We are informed that it was arranged, subject to Sir
allow them in such a case, or a judge will set aside his H. M. Jackson's bealth allowing bim to attend, that he
taxation. If the judge refused, the Divisional Court should be sworn in as a judge of the High Court on would ; if that refused, then the Court of Appeal, or Thursday.
finally, the House of Lords. In other words, though,