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the timidity of some of the ancient common lawyers, taken as the divisor in determining the tenant-right, who clung very closely to precedent, applying general and this would probably not be unfair in Ulster, where principles to well-defined and ordinary cases. The attempt the custom has practically settled the rent in all but a to apply to novel or extraordinary circumstances rules few very exceptional cases : but throughout the rest of too nicely strict according to the individual reason of the the country (if it be true, as alleged, that the rents judge, and without any real assent of the Legislature, is are not fair) it would work manifest injustice, because, one perhaps of doubtful expediency.
wherever the rent is too high it would make the divi. Lord Blackburn then proceeds to apply the principles he sor too large, and therefore the quotient (the tenanthas enunciated to the case of a hospital, which is, of course, right) too small, and vice versa in cases of rents at prean a fortiori case, for if it be illegal to remove one in. sent too low : in other words, it would operate for the fected person to a neighbourhood other than that where benefit of grasping landlords, and against easy ones, he falls sick, still more would it be illegal to cause the being the very reverse of the result to be aimed at. removal of large numbers of infected persons for treat- | We have therefore thought it necessary to empower ment to a hospital. We are not convinced that the case | the court to fix, for this time only, a "fair rent," not of a hospital stands on the same footing as that of the necessarily for adoption by the parties, but as the individual infected person. It may do so, but it seems proper divisor for our sum in arithmetic. As this rent to us safer to deal with it on its own merits. The may differ from the rent at present payable, and it is case differs largely in degree from that of the single very desirable that the ascertainment of the statutory patient, and considerations of degree enter very largely tenant-right should not necessitate any immediate alterainto the law of nuisance. For the inhabitants of a neigh tion in the conditions of tenancy (for thus only can bourhood to be subject to the percentage of removals | hostile litigation be avoided), it becomes necessary to thereto of infected persons which the ordinary course of add to the scheme a provision regulating the position of individual convenience and necessity would occasion, the parties in case neither of them chooses to require an and to be subject to have large numbers of patients as- actual adoption of the judicially fixed "fair rent." Thisis sembled from all neighbourhoods for the purposes of done by our proposals 9 and 10. By (9) we secure the treatment, are obviously very different things. In the one tenant à statutory term at the existing rent (whether case each neighbourhood probably stands about an equal above or below the “fair rent ") if neither party give chance; as the learned law lord says, it is questionable the required notice : and by (10) we make it, in many whether it is not one of the ordinary risks necessarily cases at least, the interest of the parties to acquiesce in incident to the use of property for habitations. In the the existing rent, although it may differ, either way, other case a most unequal burthen is thrown upon the from the "fair rent." For, if the rent payable be above particular neighbourhood. The case of the hospital, the “ fair rent," the actual amonnt of the tenant-right therefore, appears to us a very clear one. The question is correspondingly increased ; if below, proportionately of the liability for mischief occasioned by the removal of diminished, and it may well be the interest of the party the individual patient is a very difficult one. There are, (whichever it might be) in whose favour the question no doubt, many instances in which an action would lie in of fair rent had been decided, to submit to a present loss, such a case as between particular persons between whom within reasonable limits, for the sake of this prospective a relation exists arising out of contract or of representa advantage. For example, let us suppose that a farm of tion. But when no such relation exists, we find a thirty acres is at present let at twenty shillings an acredifficulty in seeing the exact basis of a legal liability, and i.e., $30 a year—and that the present value of the we doubt the expediency of creating one, unless indeed tenant's interest has been agreed or ascertained at £240 the whole question of the treatment of infected persons [we give figures not unlikely in actual practice). Now could be dealt with by the Legislature and proper pro let us further suppose that, the parties differing on the visions made with respect to such treatment.
question of "fair rent,” this is settled by the court at (a) £25 a year, or (B) £35 a year. In case (a) the statutory tenant-right would be 240:25=9}-i...
ten years' purchase; in case (B) it would be 2407-35= THE IRISH LAND BILL. 7 years. Now in case (a), if the tenant gives notice
that the rent should be lowered, and is afterwards VII.
evicted for breach of some statutory condition, his com. In our last article we sketched the provisions for de. pensation will be £250 (i.e., ten years of the lowered termining the tenant's irterest in the first instance | rent), whereas if he continues to pay the £30, the landwhich seem to us desirable, not less in the interest | lord cannot evict him without paying £300 (ten years of of the landowners themselves than of the tenantry the actual rent payable), and the extra security thus obwhose rights are to be defined. Those of our readers
tained may be worth more to the tenant-who had who know anything, either by report or otherwise,
previously agreed to £30—than the abatement of £5 in of “ Judge Longfield's scheme” will have little difficulty his rent. So in case (B), if the landlord requires the payin seeing that it is essentially reproduced in our pro
ment of the fair rent of £35, he raises the tenant-right posal; the only differences, indeed, are in two points
from £210 (seven times £30) to £245 (seven times £35), of minute detail, in both of which we should prefer
and it may be better worth his while to leave the rent the original scheme to our own if only it were equally
alone than to increase the tenant-right. It will be obapplicable to all possible cases.
served that in either case the result will be different According to the scheme in question the statutory
from what it would have been had the existing rent tenant-right is to be of a fixed number of years' par
been taken as a fair one, in which case the statutory chase (seven being the number recommended), and the
tenant-right would have been eight years, the actual value tenant is, if his improvements, &c., do not, at the of the tenant's interest, £240, unchanged, but this time of settlement, reach to the necessary amount, to
value is enhanced in case (a), as it ought to be, because make up the difference by a payment in hard cash. he has been paying too much heretofore, and diminished But there are thousands of tenants to whom an im in case (B), as it equally ought to be, and for the corresmediate payment of this nature would be simply an
ponding reason. So that this proposal would, if it impossibility, and who, therefore, could never obtain
became law, enure for the benefit of the liberal landa statutory tenant-right unless either (1) they were
lord, and the punishment of the “rack renter," made a present of the difference, which would be ob whereas both the Act of 1870 and the present Bill act viously unjust, or (2) they are enabled to obtain just in precisely the opposite direction. so many years' right as their existing interest will pay Having thus fixed the statutory tenant.right and the for, which is what we propose to give them. Again, | rent for the first term (a term which would be a legar under the scheme the existing rent is in every case term of years, and assignable as sucb), it only remain
CASES OF THE WEEK.
regulate the renewal of the tenancy at the expiration of that or any succeeding term. And this would be simple. At any time within the last twelve months of the term, and not less than six months before its expiration, the landlord should be at liberty to serve a notice on the
CAUSE OF ACTION ARISING OUT OF A tenant, stating the rent he demanded for the next term,
FELONY. and he should not be permitted to resume possession [To the Editor of the Solicitors' Journal.] unless the tenant refused to pay the rent so demanded. If
Sir,--In Osborn v. Gillett (L. R. 8 Ex. 88) a plea was no notice is served within the time specified, the landlord should be deemed to have offered to renew the term
held bad on demurrer which alleged that the acts com. at the then existing rent.
plained of amounted to a felonious act, and that the
The tenant, within three months after the receipt of such notice, may do either of
person committing them had not been prosecuted. three things
Strangely enough, this case does not appear to have been
cited in the case of The Midland Insurance Company v. (1) He may accept the terms, and thus acquire a fresh
Smith, to which you drew attention last week. statutory term at the new rent-his statutory tenant
Thos. F. LEADBITTER, right being accordingiy enhanced. (2) He may refuse the terms and give up the farm,
144, Leadenhall-street, London, June 14. and in such case he shall be paid his tenant-right, not in terms of the existing rent, but of the increased rent demanded. Thus if, in the case already put, the landlord, at the end of the first term were to require £40 a year, the tenant, if he thought that too high, would be entitled to go out, and receive in case (a) £400, and in
RAILWAY COMPANY-DIVERSION OF ROAD-LEVEL Crosscase (B) £280, instead of his original £240.
| ING-CONVENIENCE-RAILWAYS CLAUSES ACT, 1845, ss. 16, (3) He may serve a counter-notice stating the rent he 46–62.-In an information and action of Attorney-General v. is willing to pay for the next term (this he may also do South-Eastern and London, Chatham, and Dover Railways Joint within three months after the last day on which the Committee, before the Master of the Rolls on the 14th inst., landlord might have served his notice, in cases where no a motion was made to restrain the company from erecting such notice has been served). In this case the landlord certain gates and posts at a level crossing upon a public highway, must. within three months of the receipt of the counter and not on the land of the defendants, and also from diverting notice, either accept the rent offered, and thereby create
ate a public highway. The defendants contended that, under the a new statutory term, or refuse the offer, and buy out the
combined effect of their special Act and the Railways Clauses tenant : the tenant-right being in this case calculated in
Act, 1845, they were entitled to do the acts complained of. terms of the reduced rent offered by the tenant. Thus,
| JESSEL, M.R., was of opinion, as to the first part of the in
junction claimed, that section 47 of the Railways Clauses Act to return to our example, the tenant might reply, I will gave the companies no power to place their posts upon the not give you £40, but I am willing to pay £37; in which public high road. The gates themselves might, of course, - case the landlord must either accept the rent, or buy swing upon the public highway, but their right to make a out the tenant by paying (a) £370 or (B) £259, in level crossing did not authorize them to place the posts upon lieu of the original £240; or the tenant might say, The the public highway, and such posts must be upon their own land has fallen in value, I can't pay you more than £20; land. As to the other point, section 16 of the Railways in which case the landlord might get back his land Clauses Act gave the company certain powers of diverting by paying in (a) £200, or in (B) £140, instead of the
roads, but subject to the provisions in that Act and also tbeir original £240. If neither party serves any such notice
special Act. According to the general Act, s. 46 and folas aforesaid within the time prescribed, a new statutory
lowing sections provided how roads and bridges were to be
constructed and were restrictive of the right of diverting, and term will ipso facto arise at the old rent: and so toties quoties as long as the tenancy subsists.
section 56 required any road interfered with to be restored Thus it is
as nearly as possible to the condition in which it was originmade the interest of the landlord not to ask more, and of
ally. Looking at the special Act, all he could find was a the tenant not to offer less, than the true value of the land, provision allowing the companies to cross a particular road because he can only do so at the risk of being taken at by a level crossing. There was no power in the special his word, and having to pay or accept an unduly inflated Act to divert the road as it bad been here diverted, and, in or diminished sum in lieu of tenant-right accordingly. his opinion, the case of Attorney-General y. The Ely, HaddenThese provisions, if accepted, would practically super
han, and Sutton Railway Company (L. R. 4 Ch. 194), sede clauses 7 and 8 of the Bill, save that clause 8 was not an authority in the defendants' favour to authorize might, with a few verbal amendments, be framed so as
them to make the diversion made by them. He must, to enable the court to fix with the costs of ascertaining
therefore, grant the injunction asked for, but he would the tenant's inturest, or the "fair rent” either party
give the company two months before enforcing the latter part
as to the road. --Solicitors, Sharpe, Parkers, & Co., for W. whom it considered to have acted unreasonably : but,
Knocker, Dover; W. R. Stevens, for G. Wilks, Hytbe. after tbese had once been fixed, all the rest of the work would consist merely in enforcing the statutory contract thus entered into, which would not require any machinery other than that at present existing in the ordinary courts of law.
SOCIETIES. Part 3 of the Act would, if the amendments we have suggested were made in the earlier parts of the Act,
SOLICITORS' BENEVOLENT ASSOCIATION. become superfluous ; if those parts remain as at present framed, part 3, though it will probably be nugatory, is,
The usual monthly meeting of the board of directors of
this association was held at the Law Institution, Chanceryat any rate, harmless. We do not think that any land.
lane, London, on Wednesday, Jane 8, Mr. Jobn Lewis lord and tenant, who would not have made a correspond.
ì (Wrexham) in the chair; the other directors present were iug agreement if the Act had not passed, will be induced
Messrs. Brook, Francis (Cambridge), Hunter, Rickman, by anything in the Act to avail themselves of these pro.
and Roscoe ; úr. Eiffe, secretary. A sum of £230 was visions.
distributed in grants of relief amoog necessitoas solicitors and their families; six gentlemen were admitted members of the association ; and other general business was tran
sacted. It is stated that Sir W. Charley (the Common Serjeant) is making satisfactory progress, although it will probably be geveral works before he will be able to resume bis duties. He is suffering from a very mild attack of smallpox.
LAW STUDENTS' JOURNAL.
BIRMINGHAM LAW STUDENTS' SOCIETY,
An ordinary meeting of this society was held in the
Law Library on Taesday evening last, T. Horton, Esq.m COUNCIL OF LEGAL EDUCATION. in the chair. After the ordinary business had been disposed TRINITY EXAMINATION, 1881.
of, moot point No. 648 was discussed, namely :-Does
the trustee of a bankrupt lessee estop himself from GENERAL EXAMINATION OF STUDENTS of the Inns of Court, held at Lincoln's-inn Hall, 23rd, 24th, 25th, 26th, 27th, I
disclaiming the lease by severing and selling the
fixtures ?" The speakers on the affirmative were Messrs. and 28th of May, 1881.
Platnager and Cockrane, and on the negative Messrs. The Council of Legal Education have awarded to Charles Francis Bastable, of the Middle Temple, a studentsbip in
E. C. Rogers, G. T. Edwards, W. S. Rogere, and Lawden. jurisprudence and Roman law, of one hundred guineas, to
The chairman, having summed up the arguments on continue for a period of two years.
either side, put the question to the meeting, when the The council have also awarded to Nathaniel Micklem, of
majority declared themselves in favour of the negative. Lincoln's-inn, the Barstow Law Scholarship, and to Nathaniel
A vote of thanks to the chairman concluded the proMicklem, of Lincolo's inn, and Percy Ferdinand Wheeler, of
ceedings. Lincoln's-inn, certificates of honour of the second class.
The council have also awarded to the following students certificates that they have satisfactorily passed a public
MR, EDWIN JOHN HAYES.
at his residence, Ashley House, Handswortb, on the 30th Alfred Lyttelton, William Henry MacGeorge, Hon. John
| ult. Mr. Hayes was born in 1824, and was admitted a soli. William Mansfield, Gilbert Metcalfe, George St. John
citor in 1850, and he had practised for about thirty years at
Birmiogham. He had for several years been town clerk of Mildway, Alexander Fraser Morrison, Arthur Edgar Gravenor Rhodes, Thomas Arthur Roberts, Malcolm William Searle,
the borough, the duties of which office he discharged with James Arthur Percival Stephens, and Edward Fairfax Studd,
great zeal and efficiency, and in such a manner as to ensure
the respect and esteem of all the members of the corporation. of the Inner Temple ; Robert Walter Clifton, Charles Simon Dayson, Arthur Mountjoy Dunde, Hogh Owen Edwards,
| He had a good private practice, and he was a perpetual William Grant Ellis, George Charles Frames, James George
commissioner for Warwickshire, Staffordshire, and Worcester. Frazer, George G. Gray, John Carey Hall, Charles Valentine
shire. Mr. Hayes had been for a long time in bad health, Hickie, John Cunningham Levpolt, Thomas A. Meates,
and he had recently submitted to a very painful operation, Charles Henry Lawrence Neisb, Robert Roy, Edmund
| but without obtaining relief.
MR. WILLIAM SALT.
Mr. William Salt, solicitor, died at St. Mary's Court, Jones, John Wanklyn McConnel, Robert Stewart Menzies, of the late Mr. George Salt, solicitcr, of Shrewsbury, his
illiam Shrewsbury, on the 22nd alt. Mr. Salt was the third sot Samuel Moore, William Laurence Wemyss Pearson, Henry mother having been å daughter of the Rer. George MoulWilliam Hayes Redwar, Lorence Ralph Ryland, Alexander revirar of Cleobury Mortimer and he was born in 1830. Campbell Tiley, and Arthur Allen Wickene, of Lincoln's. inn; and John Overend Evans, Licnel Ferneaux Knipe Hill, Inedy, and he served his articles with his father. He was
: He was educated at Shrewsbury School, under Dr. Ken. and Ernest Chester Thomas, of Gray's-ind, Esqs.
admitted a solicitor in 1854, when he went into partnership The following students passed a satisfactory examination
examination with his father, and with his elder brother, Mr. Georgs in Roman law:-James Edward Hamilcon Benn, Charles
Moultrie Salt, who was for many years clerk to the ShrewsThomas Beresford-Hope, John McLeavy Brown, Christian
bury Town Improvement Commissioners, and he was in Frederick Cole, Lionel Crosskey, George Tatham Davis,
partnership with the latter until his death. He had a very Clayton Louis Glyn, Hugh Hall, Peregrine Propert Lewes,
extensive private practice, and he was also a partner in the Henry Ernest Milpe, Harry Rose Pugh, Leicester Morgan
Salop Bank. He was for many years clerk to the magisReed, Edmund Russborough Turton, Edgar Vincent, Robert
trates for the Condover Division of Shropshire, and he had Woodfall, and Robert Blake Yardley, of the Inner Temple;
several times filled the office of under-sheriff of the county. Blayney Reynell Townley Balfour, Tom Boothman, Thomas
Mr. Salt was one of the earliest members of the 17th Rawling Bridgwater, James Alexander Beresford Barwick
Sbropshire Rifle Volunteers, of wbich corps he was for Bruce, Alfred Greenland, Frederick Laing, John Marshall, John Montefiore, Henry Edwin Pears, John Rutherford, John
many years captain-commandant. He was married to the
daughter of Mr. Thomas Sutton, surgeon. Mr. Salt was $ Thomas Beadsworth Sewell, and Charles Unwin Simson, of the Middle Temple; and William Wycliffe Barlow, Hon.
most accomplished musician, and he was very highly William Napier Bruce, Charles Hayward Izard, John Morris
: esteemed by a large circle of professional and private friends Stone, George William Tallents, and Montagu Couch Wood, of Lincoln's-ino, Esqe.
MR. WILLIAM FRANCIS.
Mr. William Francis, solicitor (of the firm of Francis & (Signed) S. H. WALPOLE, Chairman.
Collins), of Liverpool and Birkenhead, died at Frankville, Council Chamber, Lincolo's-inn, June 13.
Rock Ferry, Cheshire, on the 3rd inst. Mr. Francis was
born in 1822. He was admitted a solicitor in 1848, and he UNITED LAW STUDENTS' SOCIETY. had practised for over thirty years at Liverpool, having been A meeting of this society was beld on Wednesday for several years associated in partnership with Mr. Alexander evening, the 15th inst., Mr. Kaips.Jackson in the chair.
Collins. He had an important and lucrative business, and The society resumed tbe consideration of Mr. D'A. B. Í was a commissioner to administer oaths in the Supreme Collyer's Bill for the Regulation of the Public Press, and
Court, a perpetual commissioner for Lancasbire and Cheshire, the debate was maintained by Mesers. Symes, Collyer,
and a commissioner for taking bail in Admiralty. Mr. Rondle Levey, Harvey, Samuel, Barr, Gamble, and
Francis took an active interest in local and municipal busiMaclaren, and ultimately the Bill was passed by a majority
nees at Birkenhead, and he had been an alderman ever since of one vote. On Wednesday evening, June 22, at eight
the incorporation of the borongh. He was buried at the o'clock, this society will bold a joint debate at Clement's.
Bebington Cemetery on the 6th inst., many professional ind, with the members of the Somerville Club. The
friends and most of the members of the Corporation of Birkensubject of debate is, “That the present position of women
head being present at the funeral. in England, political and social, is injurious to the interests of the nation.”
Mr. JAMES CHAMBERS, solicitor, of Durham, has been ap. MR' CHARLES SPRENGELL GREAVES, Q.C. I pointed a Perpetual Commissioner for taking the Acknow
Mr. Charles Sprengell Greaves, Q.C., who died at bis resi. ledgments of Deeds by Married Women for the County dence, 11, Blandford-square, on the 3rd inst., in his eightieth Palatine of Durham, and for the City and County of the City year, was the son of Mr. William Greaves, of Mayfield, of Durham. Staffordshire, and was born in 1801. He was educated |
The Hop, EDWARD CHANDOS LEIGH, Q.C., has been apat Queen's College, Oxford, where be graduated second
pointed Recorder of the Borough of Nottingham, in succ98class in classics in 1824. He was called to the bar at sion to Mr. Richard Wildman, resigned. Mr. Leigh is the Lincolo's-inn in Micbaelmas Term, 1827, and he formerly second son of the first Lord Leigh, and was born in 1832. He practised on the Oxford Circuit, and at the Gloucester.
was educated at Oriel College, Oxford, where he graduated shire Sessions. He became a Queen's Counsel in 1850,
second class in law and modern history in 1855, and he was but he had for many years ceased to practise. Mr. Greaves afterwards elected a fellow of All Souls' College. He was was a well-read criminal lawyer. He was one of the
called to the bar at the Inner Temple in Hilary Term, 1859, secretaries to the Criminal Law Commission, and he as.
and he practises on the Midland Circuit and before Parliasisted in drafting the Criminal Law Consolidation Acts of
mentary Committees. He was for several years & revising 1861. He was a bencher of Lincoln's-ion, and a magistrate
| barrister, and he was appointed recorder of Stamford in and deputy-lieutenant for Staffordshire. Mr. Greaves was
1864. Mr. Leigh was created a Queen's Counsel a few married to the daughter of Mr. William Tyson.
weeks ago. He is the author (in conjunction with the pre
sent Mr. Justice Cave) of a volume of Criminal Law MR. HARRY CALDICOTT.
Mr. ARTHUR GRIFFITHS Hill, solicitor, of Crewe, has Mr. Harry Caldicott, solicitor, of Worcester, died on the 7th inst., after a short illness. Mr. Caldicott was the son of
been appointed a Magistrate for that borough. Mr. Hill was Mr. William Caldicott, of Worcester, and was born in 1848.
admitted a solicitor in 1878. He was articled to Mr. Richard Woof, of Worcester, and he
Mr. WALTER WILLIAMS (of the firm of Messrs. Hadfield was admitted a solicitor in 1872. He shortly afterwards
& Williame, of Manchester, Altrincham, and Bowdon, solici. went into partnership with Mr. Woof, upon whose death,
| tors), has been appointed by the Lord Chancellor to be a three or four years ago, he succeeded to the office of clerk to Commissioner to administer Oaths in the Supreme Court of the Worcester City Magistrates. He was also solicitor to the Judicature. Worcester School Board. Mr. Caldicott was extremely popular in the city. He was an active member of the Wor.
DISSOLUTIONS OF PARTNERSHIPS. cester Rowing Club, and he occupied an influeotial position
EDWARD WILLSON CROSSE, ARTHUR WILLSON CROSSE, among the local Freemasons. He was buried at the Worcester | REGINALD WILLIAM CROSSE, and MORETON JOHN RILEY Cemetery on the 10th inst., many of the magistrates, the (Crogge, Sops, & Riley), solicitors, Lancaster-place, Strand. corporation, and the Masonic body beiog present at the
June 9. Edward Willson Crosse, Arthur Willson Crosse, foneral. His premature death has caused general regret. and Reginald William Crosso will carry on the said busiAt the sitting of the magistrates held the day after his deatb, dess under the style of Crosse & Sons. Mr. Alderman Barnett alluded to Mr. Caldicott's high per FREDERIC WILLIAM WILSON and JOHN FRANCIS WHITEsonal cbaracter, and to the valuable assistance the bench had LOCK CLAYTON (Wilson & Clayton), solicitors, Sheffield. always received at his hands. The Worcester Town Council ! April 8. Each of the said partners will hereafter carry on have unanimously agreed to a vote of condolence with bis business separately.
[Gazette, June 10, 1881.] family.
MR. JOHN HAYWARD. Mr. John Hayward, solicitor, died at his residence, Brooklande, Dartford, on the 13th inst., at the age of seventy-eight. Mr. Hayward was born in 1803, and was admitted a solicitor in 1825, and he had practised for more than fifty years at Dartford. He had a large practice in the town, and he was solicitor to many of the leading gentry in tbe district. He had been for several years in partnership with his son, Mr. John Camden Hayward, who was admitted a solicitor in 1865. He was a perpetual commissioner for the county of Kent, and he held several important appointments. He was registrar of the Dartford County Court (Circuit No. 48), clerk to the Dartford Board of Guardians and Assessment Committee, superin. tendent-registrar, and clerk to the Commissioners of Taxes. He was also clerk (jointly with bis son) to the Dartford Sewers Commission, and to the county magis. trates.
LIMITED IN CHANCERY,
presented June 9, directed to be heard before Fry, J., on June 24.
solicitors for the petitioners ELECTRIC AND MAGNETIC COMPANY, LIMITED.-By an order made by Fry, J., dated June 3, it was ordered that the above company be wound up. Campbell and Co, Warwick st, Regent st, solici. tors for the petitioners SKEGBY COLLIERY LIME AND BRICK COMPANY, LIMITED.-Petition
for winding up, presented June 8, directed to be heard before the M.R. on June 18. Torr and Co, Bedford row, agents for Wells and Hind, Nottingham, solicitors for the petitioner.
[Gazette, June 10.7 COFFEE PUBLIC HOUSES NATIONAL SOCIETY, LIMITED.-Vice-Chan
cellor Hall has, by an order dated May 13, appointed James Waddell, 1. Queen Victoria st, to be official liquidator. The creditors are required, on or before July 30, to send their names and addresses, and the particulars of their debts or claims to the above. Friday, Nov. 4 at 2.30 is appointed for hearing and
adjudicating upon the debts and claims. HORXSEA STEAM BRICK AND TILE WORKS, LIMITED.-By an order made by Bacon, V.C., dated June 3, it was ordered that the above company be wound up. Maude, Gt Winchester st bldgs, agent
for Webster and Styring, Sheffield, solicitors for the petitioner. Moray FIRTI MINING COMPANY, LIMITED.-The M.R. has fixed
Thursday, June 23, at 12, at his chambers, for the appointment of an official liquidator. ONLLWYN AND DULAIS COLLIERY COMPANY, LIMITED.-Petition for winding up presented June 11, directed to be heard before Hall, V.C. on July 1. Ditton, Íronmonger lane, solicitor for the petitioners. PENARTI, SULLY, AND BARRY RAILWAY COMPANY -Petition for
winding up presented June 8, directed to be heard before Fry, J.,
Gazette, June 14.
July 1 at 2, at the District Registrar's office, Municipal bldgs, 'Dale
[Gazette, June 14.]
[Gazette, June 14.]
Mr. YORKE H. BIRD, solicitor, of 17, Southampton-street, Bloomsbury, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicatore.
Mr. WILLIAM ALLITT CANNING, solicitor, of Leaming. ton, has been appointed a Perpetual Commissioner for Warwickshire for taking the Acknowledgments of Deeds by Married Women.
Mr. John CORRIE CARTER, barrister, has been appointed Recorder of the Borough of Stamford, in succession to the Hoo. Edward Chandos Leigb, Q.C., who bas been appointed recorder of Nottingham. Mr. Carter is the son of the late Mr. Samuel Carter, solicitor, M.P. for Coventry. He was called to the bar at the Middle Temple in Micbaelmas Term, 1865, and he practises on the Midland Circuit, and at the Nottinghamshire, Derbysbire, and Birmingham Sessions.
these others stand, and for them (I mean the members of
the bar) I desire to give expression to the deep sense of LORD JUSTICE JAMES.
the loss all sustain by the death of so great a judge and 80 At the sitting of the Court of Appeal on Tuesday, Lord good a man. Justice BRAMWELL said : I am senior of those who were in
In the Rolls Court the MASTER OF THE ROLLS said: I can the habit of sitting with him, and I think expression not proceed with the business of the day without expressing ought to be given to the great, and, in my judgment, ir the deep grief which I feel at the misfortune wbich has reparable loss which the public have sustained in his fallen upon the profession and the public by the death death. He possessed every quality and accomplishment during the last short vacation of my friend and late colthat a judge needed. He had a very great intellect, at league in the Appeal Court, Lord Justice James. I once koen and profound. He was a consummate lawyer, I cannot say the event was to me wholly unexpected. I thoroughly imbued with legal principles. He was a man have been for a long time aware that his valuable life of vast experience, not merely in the law, but in those hung upon a thread which might snap at any moment; things wbieh make a man what is commonly called a man but when it did occur it came upon me with a feeling of of the world, fitted to deal with the affairs of the world. painful surprise. Only about a fortnight ago, when I sat He had but one desire when he took his seat upon the with him in the Appeal Court, he appeared to me to be in bench-that was, that justice should be done according to bis usual health and spirits, and when I left him I did not right. It was said of him, and truly, that he was rapid think that that was the last time he would sit in a court of in ihe formation of his opinions and confident in the ex. justice. He was, no doubt, in many respects fortunate in pression of them, and so he was, and so a man of his his death; be suffered but for a short time from illness; ability had a right to be ; but I can say this of him, that he died in harness and in full possession of all his faculties. a moje candid man never lived, nor one more ready to | Notwithstanding his advanced age, his eyes were not renource an opinion, though he had given expression to dimmed nor his hearing dull, bis attention never flagged, it in tbe most confident way, if be thought it was wrong. nor did his memory fail bim. Of his eminent qualities as I should like to read a letter written to me by one of a judge it is diffionlt to speak too bigbly. He had a large my brethren, and I read it because, inasmuch as it is cer- liberal mind, unfettered by pedantry and untrammelled by tain that he never thought it would be published, it is a technicalities. His intellect was clear and powerful, and genuine expression of his opinion, an opinion in which he was distinguished alike by quickness of perception and we all agree. He says :-" When I learnt to know what rapidity of decision. His mastery of equitable principles a grand old man he was, what a gigantic memory he had, was thorough. His long and wide experience, and his what a large and comprehensive talent, what a freedom rapid apprehension of every argument addressed to him, from all technicality and prejudice, what a firm knowledge enabled him almost always to lay down the law with ful. of principles of law, what an intense resolution that justice ness and precision, and all who ever listened to one of his should be done, and what a firm, generous mind he had, I judgments in a heavy and important case could fail to be esteemed him and respected him as much as ever was in | impressed with the remarkable ease with which he unme. I suffer great pain from his loss." And so do we all. ravelled the most complicated facts, and the lucidity with which We have lost a valuable friend and an invaluable associate. be expounded the principles of law which applied to the case The ATTORNEY-GENERAL (the whole of the bar rising
before him. We owe to him a debt of gratitude, also, for with bim) said : My Lorde, it is a sad reflection tbat
the part which he took in relieving us from the vast and within the lasů few months since tbe commencement of
intricate, though refined, network of rules of pleading and the legal year-I bave bad on four occasions to exprese,
practice wbich for so many years in the Court of Chancary on behalf of the members of the bar, their deep regret
obscured and impeded, and sometimes altogether stopped, for the loss of eminent judges, and now a fifth dame is
the course of justice. And I may mention that almost up to added to that roll wbich records the list of tbe distinguished
his last hour he was engaged in devising further improvedead. It is just fifty years since Sir William James
ments in our procedure and in endeavouring to diminish entered upon our profession. During those fifty years
the delay and expense which are to some extent, no doubt, he stood conspicuously among us ; at the bar and on tbe
inseparable from all legal procedure. In short, I may truly bench be passed his life surrounded by eminent men and
say that in deploring his decease we lament the loss of a
consummate lawyer and a good judge. gifted colleagues, and from them all he ever gained the acknowledgment that his duty bad been right well done.
Mr. ROXBURGH, Q.C., as the leader of the bar in this Daring that time many cbanges have been effected in our
court, said: I believe there is not a member of the bar wbo legal procedure. In conceiving most of them and admin
does not fully appreciate and reciprocate the sentiments istering the law under many of them Sir William James
which your lordship has expressed. "No one who has wit
nessed ihe career of the late Lord Justice as I have done for took share and part. Tbirty years ago he was a member
so many years can fail to be indeed struck with the truth of that Commission whose labours effected great and
of every remark which your Lordship has made. We all beneficial cbanges in the proceedings of the Court of feel the loss most sepsibly, and I am quite sure that not Obancery. One of your lordships-Lord Justice Bramwell I only the profession but the public has sustained in the deato -can bear witness to the strength of the colleague who of the late Lord Justice a very grievous loss, mainly sbared with bim the responsibility of framing that report on which the Judicature Act of 1873 was based. And otbers of us can tell bow the last days of health left to him were employed in framing suggestions for the still forther adaptation of our procedure to the necessities of an LEGISLATION OF THE WEEK. altered time. My Lords, before you, who were his daily asso. ciates, it is almost unbecoming that I should bear testimony
HOUSE OF LORDS. to the great worth of the late Lord Justice; you know better than we that, although full of years, his facolties still re
JUNE 13.-BILLS READ A SECOND TIME. mained untouched and unimpaired. The facts of the most in
PRIVATE BILLS. – Lancashire and Yorkshire Railway, tricate case required po record, except on the tablets of his
Skipton and Kettlewell Railway (Extension to Aysgartb), memory. His powerful mind was ever ready quickly to
Rotherham and Bawtry Railway, Barrow-in-Furness Corpora. form and strongly to express those judgments the effect of
tion, Exeter Tramwaye, Whitland and Cardigan Railway, wbich will remain bebind him.
Woking Water and Gas, South Metropolitan Gas, Potteries,
I trust, my Lords, you will forgive me for saying that, while this Court of Appeal
Shrewsbury, and North Wales Railway, Metropolitan Board bas gained the foll and perfect confidence both of the
of Works, Charnwood Forest Railway (Deviation, &c.),
Birkenbead Corporation (Improvement, &c.) (No. 2), Meda public and our profession, po judge bas contributed more to the bigh position it occupies than he whose great loss
way Conservancy, Bristol Docks, Great Western Railway. we bave now to regret. Bat in his bigh qualities as a judge
BILLS READ A THIRD TIME. the sense of his worth as a man must not be lost. Those
PRIVATE BILLS.--London City Tithes Act, 1879, EE. will mourn him most who knew him best. Within the tension (St. Botolph Without, Aldgate), Swansea Corpora. circle of bis home and friendships that charm which can
tion Loan, Metropolitan District Railway. only be found in the combination of a great mind and good JUNE 14.-BILLS READ A SECOND TIME. heart drew all closely to bim; but beyond and outside | PRIVATE BILLS.-Uxbridge and Rickmansworth Raste