(Circuit No. 31), in succession to Mr. Herbert John Jones, who has been appointed joint registrar of the Carmarthen County Court. Mr. Price was admitted a solicitor in 1865. Mr. HENRY PAULL, solicitor, of Ilminster, has been appointed Clerk to the Ilminster School Board. Mr. Paull was admitted a solicitor in 1855. Mr. FREDERICK HENRY HOOPER, solicitor, of Exeter, has been appointed Clerk to the Feoffees of the Parish of Petrock, Exeter, in succession to Mr. Thomas Floud, deceased. Mr. Hooper was admitted a solicitor in 1880. Mr. EDWARD JAMES READ, clerk of the peace for the city of Londer, has been appointed by the Lord Mayor to the office of Clerk of Arraigns, at the Central Criminal Court, in succession to Mr. Henry Avory, deceased. Mr. EDMUND HUMPHREY WOOLRYCH, barrister, has been appointed a Magistrate for the County of Kent. Mr. Woolrych was called to the bar at the Middle Temple in Michaelmas Term, 1839, and formerly practised on the Oxford Circuit. In 1856 he was appointed clerk to the Metropolitan Board of Works, and in 1861 was appointed a magistrate at the Thames Police-court. He was transferred to Southwark in 1863, and to Westminster in 1870, and he retired on a pension in 1879. COMPANIES. WINDING-UP NOTICES. JOINT STOCK COMPANIES. LIMITED IN CHANCERY. DARLINGTON BREWERY COMPANY, LIMITED.-The M.R. has by an order, dated March 18, appointed William Augustine Spain, Gresham bdgs, Basinghall st, to be official liquidator EAST LONDON GALVANIZED IRON COMPANY, LIMITED.-Petition for winding up, presented Apr 8, directed to be heard before the M.R. on Apr 30. Linklaters and Co, Walbrook, solicitors for the petitioners NEW GRANADA COMPANY, LIMITED.-Bacon, V.C., has fixed Apr 28 at 12 at 11, New sq, Lincoln's inn, for the appointment of a liquidator in the place of Henry Keene, deceased STOCKS AND COMPANY, LIMITED.-By an order made by the M.R. dated Apr 8, it was ordered that the company be wound up. Bell and Co, Bow churchyard, solicitors for the petitioners SWADLINCOTE COLLIERY COMPANY, LIMITED.-Creditors are required, on or before May 31, to send their names and addresses and the particulars of their debts or claims to Harry Seymour Foster, Copthall bldgs. June 15 at 12 is appointed for hearing and adjudicating upon the debts and claims. WESTERN DISTRICT CO-OPERATIVE SOCIETY, LIMITED.-Petition for winding up, presented Apr 12, directed to be heard before Hall, V.C., on Apr 29. Evans, Eastcheap, solicitors for the petitioners [Gazette, Apr. 15.] CITY OF LONDON CO-OPERATIVE ASSOCIATION, LIMITED.— Hall, V.C., has by an order, dated March 25, ahpointed Henry Audrey Broad, Walbrook, to be official liquidator. Creditors are required, on or before June 1, to send their names and addresses and the particulars of their debts or claims to the above. June 15 at 3 is appointed for hearing and adjudicating upon the debts and claims ELDORADO GOLD MINING COMNPANY, LIMITED.-The M.R. has by an order, dated March 24, appointed Richard Dawlings, Eastcheap, to be official liquidator. Creditors are required, on or before May 13, to send their names and addresses and the particulars of their debts or claims to the above. May 27 at 11 is appointed for hearing and adjudcating upon the debts and claims LOMBARD LOAN AND INVESTMENT COMPANY, LIMITED.-Fry, J., has by an order, dated March 15, appointed Thomas Meggy, Bedford pl, Russell sq, to be official liquidator [Gazette, Apr. 19.J UNLIMITED IN CHANCERY. BRITTANNIA FIRE ASSOCIATION.-Creditors are required, on or before June 1, to send their names and addresses and the particulars of their debts or claims to Frederick Whinney, Old Jewry [Gazette, Apr. 15.] FRIENDLY SOCIETIES DISSolved. COUNTY COURTS. CREWKERNE. (Before Mr. Serjeant TINDAL ATKINSON, Judge.) Agricultural Holdings (England) Act, 1875-Meaning of term "holding." In this case his HONOUR said,─This is an action brought by the plaintiff, in which he seeks to recover damages from the defendants for an alleged trespass committed by them upon land in the occupation of the plaintiff at Crewkerne. I reserved giving judgment at the hearing in order to have the opportunity of considering the point raised by Mr. Jolliffe for the plaintiff-namely, whether that portion of the Agricultural Holdings Act, 1875, which enacts that in cases where a half-year's notice expiring with the year of tenancy is by law sufficient to terminate a tenancy from year to year, a year's notice in such cases must be given, applies. After a careful consideration of the evidence, which was of a very conflicting character, I have arrived at the conclusion that the land the subject of this inquiry, the area of which is under two acres, was held by the plaintiff from the two defendants, Parker and Marks, under a separate and independent contract of tenancy totally distinct and apart from other land of the same tenure-namely, from year to year-which he held at the same time from the defendants. A six months' notice to quit the land the subject of the present action was given by the defendants to the plaintiff, and unless the provisions of the Agricultural Act intervene to prevent it, the notice would be sufficient to determine the tenancy between the parties. On the morning of the last day of the notice to quit -viz., the 29th of September, 1880-the son of the defendant Elizabeth French came upon the land by her direction, under an authority given to her by the two defendants, with a horse and cart and a plough, no doubt with the intention to take possession and to exercise acts of ownership over it. This being the trespass complained of, I do not find that any circumstances of aggravation or insult accompanied it. The horse and cart and plough were, at the request of the plaintiff, immediately removed by the defendant's son into an adjoining field, and the plaintiff was left in quiet possession of the land for the remainder of the day. Under any view of the case it is a fact that a trespass was committed, inasmuch as, apart from any question arising under the Agricultural Holdings Act, the plaintiff's tenancy was not determined under the notice to quit until 12 o'clock at night of that day. But then it may be asked what damage was caused by it to the plaintiff? In all actions of this nature, trespass or injury to land, the measure of damage is the diminished value of the property, or of the plaintiff's interest in it; and applying this rule to the facts of this case, I can see no perceptible loss that has been sustained by the plaintiff, and with regard to the action, although I find a verdict for plaintiff, it must be only with nominal damages. But the case does not end here. It is contended for the plaintiff that the notice to quit given by the defendant does not, under the provisions of the Agricultural Holdings Act, terminate the tenancy, and that the plaintiff's interest in the land continued until it was determined by a year's notice, and that the defendants having evicted the plaintiff and taken possession of the land he is entitled to substantial damages. It becomes, therefore, from this point of view, important to consider whether this contention is well founded Having found as a fact in the case that the land in question was the subject of a separate and distinct demise, originally for a term of six months, but afterwards, by the payment and receipt of rent, converted into a tenancy from year to year, and also that the plaintiff at the same time held other land on a FELTON AND WINFORD FRIENDLY SOCIETY, George and Dragon yearly tenancy on a separate demise, I have to determine, Inn, Felton-in-Winford, Somerset. Apr 9 WAKEFIELD NEW DISTRICT BRANCH OF THE ANCIENT ORDER OF FORESTERS' FRIENDLY SOCIETY, Talbot and Falcon Inn, Northgate, Wakefield, York. Apr 13 [Gazette, Apr. 15.] in the absence of any authority on the subject, whether the two holdings can, under the provisions of the statute, be coupled together so as form one holding, and thus render a year's notice necessary for the determination of the tenancy between the parties. The statute contains no preamble. The 51st section enacts that where a half-year's notice, expiring with a year of tenancy, is necessary for the determination of a tenancy from year to year in cases not within the statute, a year's notice is required for the same purpose in cases within it. The interpretation clause, section 4, defines the word "tenant" to mean the holder of COURT OF APPEAL. Bkey. apps. & or Friday,.... 20 Saturday ..21 29 Appeals. Monday, ..23 Appeals. App. mots. ex pte, Wednday.. cutory motns., & other apps. SBkcy. apps. & or. Thursday 26 apps. apps. .... 6 Appeals. App. mots. ex pte. apps, from orders App. motns.ex pte WednsdyJunel made on interlo u ory mots, & or #pps. Wednesday 4 made on interlo Thursday 5 .... Wednesday. 11 made on interloc utory motions & apps. land under a contract of tenancy, and the term "holding' Thurs, Appeals. Thursday 2 {Bkcy apps and or apps Friday...... 3.. Appeals. Lunacy petitions will be taken every Saturday during the Sitting. paper. Monday.....16) Monday ....23 Friday......27.. Motns. & gen. pa. Saturday ..28 Petns, sht causes. General paper. Monday....30 causes be Further Considerations will be V.C. SIR JAMES BACON. Tuesday Apr26 {& gen. pa. Wednesday, 27 Any cause intended to be Friday. heard as a short cause must be so marked in the cause book at least one clear day before the same can be put in the paper to be so heard, and the necessary papers must be left in court with the judge's officer the day before the cause is to be put into the paper. Saturday gen. pa. Adj. sums. & General paper. gen (Motns. adj. sum & gen. pa. Sht. causes, pets. 6 adj. sumns., & Monday.... 9) Friday 13 .... Mots. adj. sumns Saturday..14 Adj. sums. & gen pa. Monday....16) Mots. adj. sumns. .... pa. Saturday 21 Saturday, April 30; Derby, Friday, May 6; Warwick, Civil business will be taken at Manchester, Liverpool, and Leeds only. THE NORTHERN CIRCUIT. The commissions for holding these assizes will be opened at Carlisle on Tuesday, the 26th of April, at Manchester on Friday, the 29th of April, and at Liverpool on Saturday, the 7th of May. There will be no civil business at Carlisle. The court will sit on Wednesday, the 27th of April, at 11 o'clock. At Manchester and Liverpool there will be both civil and criminal business. In pursuance of "the Rules of the Supreme Court, 1879," causes may, at any time after notice of trial has been given, be entered for trial in the District Registry of the city or town where the trial is to be had, or with the associate at the assize town, as heretofore. The general entry of causes at Manchester and Liverpool will commence immediately after the opening of the respective commissions, and will close at 9 o'clock the same evening. On entering a cause two copies of the pleadings must be lodged, one for the use of the The court will sit Short causes, pets. judge and the other for the associate. Friday....27 adj. sumns., & at Manchester and Liverpool respectively on Saturday, the 30th of April, and on Monday, the 9th of May, at 11 o'clock. Special jury causes will be taken at Manchester on Tuesday, the 3rd, and at Liverpool on Wednesday, the 11th of May, at the sitting of the court, unless the court shall otherwise order. A list of causes for trial each day (except the first) at Manchester and Liverpool will be exhibited in the corridor of the court and in the library. The associate's fee must be paid in judicature stamps. Where a case entered on the list is settled, immediate notice of the fact must be given to the deputy-associate. Saturday ..14 Friday....13.. Petus. & gen. pa. Saturday.. 28 Monday.. 16 WednsdyJunel Tuesday....17 General paper. Thursday ..19.. Mtns. & gen. pa. Monday....23 24 General paper. Monday....30 Tuesday ..31 General paper. Thursday.. 2.. Motns. & gen. pa. Further Considerations will be cause Motns, adj. sumns gen. pa. General paper. Mots. adj. sumns. sht. caus. Petns., MR. JUSTICE KAY. Mr. Justice KAY will sit in the CIRCUITS OF THE JUDGES. SALES OF ENSUING WEEK. April 26.-Mr. WALTER KNIGHT, at the Masons' Tavern, at 1 p.m., Leasehold Property (see advertisement, this week, p. 4). April 27.-Messrs. EDWIN Fox & BOUSFIELD, at the Mart, at April 27-Mr. F. ELLIS MORRIS, at the Mart, at 2 p.m., BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. HARDWICK-April 10, at Littlehampton, Sussex, the wife of HARMSWORTH-April 16, at Burghfield House, Boundary- LEWIN-April 17, at 73, Harcourt-terrace, South Kensington, the wife of Frederick A. Lewin, of Lincoln's Inn, barristerat-law, of a son. MARRIAGE. BETHELL-WOOD-April 19, at Bridgnorth, James Francis DEATH. LAMB-April 16, at 29, Great Cumberland-place. Joseph John land under a contract of tenancy, and the term "holding is said to include all land held by the same tenant of the Had same landlord under the same contract of tenancy. these last words, "under the same contract of tenancy," been omitted from the definition, there would, I apprehend, be little difficulty in arriving at the conclusion that all land held by the tenant of his landlord of not less than two acres, and for the same term, although the tenancy was created by different contracts, would be brought within the operation of the 51st and 58th sections, and the year's notice to quit would be required. It seems to me that the introduction of these words, "under the same contract of tenancy" was intended to limit and restrict the preceding words, "all land held of the same landlord," to land held by the tenant as described and contained under one and the same demise. With regard to separate holdings of land under one landlord, it has always been the law from the earliest times that a distress for rent must be made on the land from whence the rent issues and not elsewhere, save when the Crown is a party, and latterly in the case of fraudulent removals. In Gilbert's "Law of Distress," a case is cited from "Strange's Reports," in which, in a trespass for taking goods, the defendant justified that he demised some tenements to the plaintiff for one term, and others for another term, and, the rent being in arrear, he distrained the goods; the justification was held to be bad in law, on the ground that there being separate demises, there ought to be separate distresses on the several premises subject to the distinct rents. Mr. Jolliffe, in his argument at the hearing, seemed to have anticipated the difficulty which would arise from an illustration of this kind, when he cortended that, conceding the fact that the contracts of tenancy in the present case were separate contracts, still, looking at the objects of the statute, which were of a remedial character and intended for the benefit of the tenant, that the term "holding" in the interpretation clause must be construed so as to include all land held by the tenant under the same tenure from his land, and thus give him what was intended, the protection of the Act. I have come to the conclusion, not without some doubt and hesitation, that this construction cannot be supported, and that the land the subject of the present action being less than two acres, and held under a separate demise, that the land sought to be coupled with it cannot be brought into the account so as to enable the plaintiff to demand a year's notice, and that the tenancy was determined by the defendant's notice of March 22, 1880. With regard to the trespass there must be, as I have already said, a verdict for the plaintiff, with nominal damages of a shilling. As, however, the point raised is new, and is of importance, I give the plaintiff liberty to appeal, if he should be so advised, by way of a special case, and if the court should take a different view of the construction of the statute to that which I have done, then, in order to save the parties the costs of a new trial, one of the terms may be that the damages are to be increased by the sum of £5. MASTER OF THE ROLLS. At the Rolls House. Sitting with Ct of Tuesday, Apr26 Appeal. Wednesday 27..Motns. & gen. pa. Thursday..28.. General paper. Friday ....29.. Mots. & gen. pa. gen. pa. on be Further Considerations will be taken as part of the General Paper in priority to Original Causes which have not already appeared in the paper. Unopposed petitions must presented, and copies left with the secretary, Pets.,sht. causes, or before the Saturdy,....30 adj. sums., and Thursday preceding the Saturday on which it is intended they should be heard; and any cause intended to be heard as a short cause must be so marked in the cause-book at least one clear day before the same can be put in the paper to be so heard, and the necessary papers must be left in court with the judge's officer the day before the cause is to be put in the paper. General paper. Monday May 2) pa. Mon.,...... 9 ... Monday.....16 Tuesday....17 General paper. gen. pa. Monday....23 Tuesday....24 Wednsday..25 Thursday ..26 Friday......27.. Motns. & gen. pa. Petns, sht causes. Saturday ..28 adj. sumns., and Motns. adj. sums. & gen. pa. Pets. sht. causes, Monday.... 9..In Bankruptcy. Wedsdy ...11 General paper. Friday & gen. pa. Petns, sat. canses, General paper. ....13{Motns., adj. sms, Saturday ..14 gen. pa. Monday....16..In Bankruptcy. Tuesday....17 Wednesday. 18 Thursday...19. Motns, adj. sums Friday, ....20& gen. pa. Petns., sht. caus. Saturday.. 21 & gen pa. Monday.... 23..In Bankruptcy. Tuesday....24 Wednsdy ..25 General paper. Thurs.,....26. Friday Saturday .27 ...28 { motns. adj. sums. & gen va. Pets., sht causes, & gen. pa. Monday.... 30..In Bankruptcy. Tuesday....10 General paper. Thurs..... 12..Mots. & gen. pa. Tuesday....17 General paper. 18, Thursday ..19.. Mtns. & gen. pa. Friday,....20.. Pets. & Gen. pa. (Sut. caus., adj Monday....16) Wednesday 18, Thursd.... 19 Mots. adj. sumns. & gen. pa. Sht. causes, pets. Friday,....20 adj. sumns., Saturday 21 gen. pa. & Adj. sums. & gen pa. Monday 23 Wednsday..25 Thursday...26 Motns. adj. sumns & gen. pa. Short causes, pets. Friday ...27 adj. sumns., & Saturday.. 21 sums. & gen. pa. Friday Monday....23 Tuesdy Wednedy..25 Thurs. ....26..Motns, & gen. pa. Friday....27.. Pins. & gen. pa. Sht. caus., Saturday ..28 adj. sums., & gen. pa. Monday....30 Tuesday ..31 General paper. Thursday 2.. Motns. & gen. pa. Friday .... 3 adj. sumns, and Mots. adj. sumns. & gen. pa. sht. caus. Petns., 3 adj. sumns., & gen. pa. cause intended to be heard as a short cause must be so marked in the cause book at least one clear day before the same can be put in the paper to be so heard, and the necessary papers must be left in court with the judge's officer the day before the cause is to be put into the paper. MR. JUSTICE KAY. CIRCUITS OF THE JUDGES. Western (Manisty, J.)-Taunton, Tuesday, May 3; Exeter and City, Monday, May 9; Winchester, Tuesday, May 17. Oxford (Manisty, J., Sir H. Hawkins, and Cave, J.)-Reading, Monday, April 25; Worcester and City, Tuesday, April 26; Stafford, Wednesday, May 4. South-Eastern (Sir H. Hawkins.)-Lewes, Tuesday, April 26; Cambridge, Thursday, May 5; Ipswich, Saturday, May 7; Hertford, Thursday, May 12. Midland (Lopes, J.) - Aylesbury, Tuesday, April 26; Lincoln and City, Saturday, April 30; Derby, Friday, May 6; Warwick, Thursday, May 12. North-Eastern (Stephen, J., and Kay, J.). Newcastle and Town, Tuesday, April 26 Darham, Friday, April 29; Leeds, Tuesday, May 3. Northern (Williams, J., and Mathew, J.)-Carlisle, Tuesday, April 26; Manchester, Friday, April 29; Liverpool, Saturday, May 7. Wales (Cave, J.)-Ruthin, Tuesday, April 26; Chester and City, Friday, April 29; Swansea, Wednesday, May 11. Civil business will be taken at Manchester, Liverpool, and Leeds only. THE NORTHERN CIRCUIT. The commissions for holding these assizes will be opened at Carlisle on Tuesday, the 26th of April, at Manchester on Friday, the 29th of April, and at Liverpool on Saturday, the 7th of May. There will be no civil business at Carlisle. The court will sit on Wednesday, the 27th of April, at 11 o'clock. At Manchester and Liverpool there will be both civil and criminal business. In pursuance of "the Rules of the Supreme Court, 1879," causes may, at any time after notice of trial has been given, be entered for trial in the District Registry of the city or town where the trial is to be had, or with the associate at the assize town, as heretofore. The general entry of causes at Manchester and Liverpool will commence immediately after the opening of the respective commissions, and will close at 9 o'clock the same evening. On entering a cause two copies of the pleadings must be lodged, one for the use of the The court will sit judge and the other for the associate. at Manchester and Liverpool respectively on Saturday, the 30th of April, and on Monday, the 9th of May, at 11 o'clock. Special jury causes will be taken at Manchester on Tuesday, the 3rd, and at Liverpool on Wednesday, the 11th of May, at the sitting of the court, unless the court shall otherwise order. A list of canses for trial each day (except the first) at Manchester and Liverpool will be exhibited in the corridor of the court and in the library. The associate's fee must be paid in judicature stamps. Where & case entered on the list is settled, immediate notice of the fact must be given to the deputy-associate. SALES OF ENSUING WEEK. April 26.-Mr. WALTER KNIGHT, at the Masons' Tavern, at 1 p.m., Leasehold Property (see advertisement, this week, p. 4). April 27.-Messrs. EDWIN Fox & BOUSFIELD, at the Mart, at 2 p.m., Freehold and Leasehold Estates (see advertisement, April 16, page 4). April 27-Mr. F. ELLIS MORRIS, at the Mart, at 2 p.m., BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. HARDWICK-April 10, at Littlehampton, Sussex, the wife of E. Faunce Hardwick, solicitor, of a son. HARMSWORTH-April 16, at Burghfield House, Boundaryroad, N.W., the wife of Alfred Harmsworth, Esq., barristerat-law, of a son. LEWIN-April 17, at 73, Harcourt-terrace, South Kensington, the wife of Frederick A. Lewin, of Lincoln's Inn, barristerat-law, of a son. MARRIAGE. BETHELL-WOOD-April 19, at Bridgnorth, James Francis Hole Bethell, of Lincoln's Inn, barrister-at-law, {to Margaret, daughter of William Bryan Wood, Eqs., of Langley-green, Chippenham, Wilts. DEATH. LAMB-April 16, at 29, Great Cumberland-place. Joseph John Talbot Lamb, B.A., barrister-at-law, aged 23. |