« PreviousContinue »
LEGISLATION OF THE YEAR,
The only remaining decision which it is worth while | been considered that these words will not apply to the to notice is Hayward, Appellant ; Scott, Respondent (28 judges of the present Court of Appeal, for the provision W. R. 988, L. R. 5 C. P. D. 231), which may be dis. is re-enacted with the substitution of " a Lord Justice of missed in a very few words. By sub-section 7 of section Appeal ” for the words in italies. 28 of the Act of 1878 the revising barrister is required to expunge the name of every person, whether objected to or not, where it is proved that on the last day of
SUMMARY JURISDICTION. July then next preceding such person was “ incapacitated Cap. 24.-AN ACT TO AMEND THE LAW RESPECTING THE by any law or statute from voting.” It was held, SERVICE or Process OF COURTS OF SUMMARY JURISDICafirming the decision of the revising barrister, that the TION IN ENGLAND AND SCOTLAND. incapacity referred to by this sub-section is such in
This Act, which (by section 2) is not to apply to capacity as that attaching to peers, women, and other
Ireland, and, by section 3 is to come into operation on persons “who, from some inherent, or for the time
the 1st of October, provides (by section 4) that any pro. irremovable, quality in themselves, have not the status of
cess issued under the Summary Jurisdiction Acts, if parliamentary electors," as explained in Stowe v. Jolliffe (L. R. 9 C. P. 734), and does not include the mere
issued by a court of summary jurisdiction in England and temporary disqualification arising from the receipt of
indorsed by a court of summary jurisdiction in Scotland parochial relief. The reasoning of this decision is un
(or vice versa), may be served and executed by an officer
of either court within the jurisdiction of the indorsing answerable. The direction to expunge is given only in those cases where the claim to vote requires no argument
court in the same manner as within that of the issu
ing court. Any process may be issued and indorsed for or against it.
under the hand of any person declared by the Act to be a court of summary jurisdiction, and may be in. dorsed solely upon proof (upon oath or by solemn de. claration under section 41 of the Summary Jurisdiction Act, 1879, or any like declaration taken in Scotland) of
the handwriting of the person issuing it. Where any BURIAL LAW.
process has been served under the section, requiring an
appearance to answer an information or complaint, the Cap. 2.-AN ACT TO REMOVE Doubts as to the OPERA
court must be satisfied on oath, before issuing a warrapt TION AND EFFECT OF SO MUCH OF THE BURIAL LAWS
for non-appearance, that there is sufficient prima facie AMENDMENT Act, 1880, AS RELATES TO THE BIRTHS
evidence in support of the information or complaint. If AND Deaths REGISTRATION Act, 1874.
the process is to procure the attendance of a witness, the The 11th section of the Burial Laws Amendment Act, court issuing it must be satisfied on oath that the evi1880 (43 & 44 Vict. c. 41), contained a curious “ clerical | dence of the witness will probably be material, and that error in the first sentence thereof," by reason of which he will not appear voluntarily without the process, and doubts in the statutory sense of the term, for there he is not to be subjected to any liability for disobedicould be no practical difficulty in construing the sec ence unless he has been paid or tendered a reasonable tion) soon began to arise. The 11th section in question sum for expenses. The Act is not to apply to process directs that the certificate of a registrar, given under requiring appearance to answer a complaint issued by section 17 of the Births and Registration Act, 1874, an English court of summary jurisdiction to recover a "shall, in the case of a burial under that Act," be | " civil debt" within the Summary Jurisdiction Act, 1879, delivered to the relatives of the deceased having or by a Scotch court in a case within the definition of the charge of, or being responsible for, the burial, civil jurisdiction under the Summary Procedure Act, 1864. instead of to the person who performs the funeral ser. By section 5 any person apprehended under the Act is to vice. For “ that” read “this," says the “ Burial and be forth with taken to some place within the jurisdiction of Registration Acts (Doubts Removal) Act, 1881," in, as the issuing court. Any warrant of distress issued in Eng. we venture to think, either too many or too few words. | land, and indorsed in Scotland is to be executed in Scot. We might either have had a recital of the two sections land as a Scotch warrant of poinding and sale, and any causing the doubt, followed by a declaration that “this" duly indorsed Scotch warrant of poinding and sale is to be meant " that,” which would have been long, but plain executed in England like a warrant of distress, but any on the face of it, or the simple declaration by itself, account of the costs or charges of the execution or of the which would have been plain by reference. Instead of money levied, and any money raised thereby, must be either of these methods, we have a solemn direction that dealt with as if the warrant had been executed within the "nothing" in section 11 “shall have, or be deemed in jurisdiction of the issuing court. Section 6 gives a court law to have had, the effect of repealing ..any of summary jurisdiction in England, and a sheriff court in of the provisions contained" in section 17 of the Scotland, power to make an affiliation order, although Registration Act, 1874, "in any case whatever, save and the child was born, or the father or mother ordinarily except only in the case of a burial under the Burial resides, in Scotland if the court is English, or in England Laws Amendment Act, 1880.” As this direction is if the court is Scotch, and obedience may be enforced followed by a section substituting the needed “this " in the same manner as in the case of any other process for the peccant “ that," we take it to be surplusage. | under the Act, which is (by section 7) to be in addition However there can be no mistake now, though it may | to, and not in derogation of, any existing statutory take some readers a little extra time to discover what it powers of executing warrants or other process in Eng. is all about, especially if--as is the case with most people land or Scotland. Section 8 extends the term “ process." -they had read through the principal Act of 1880, (unless the context otherwise requires) to every sumwith a pardonable confusion of demonstrative pronouns. mons or warrant to appear to answer any information or
complaint, or as a witness, and every warrant of commit
ment or imprisonment or distress, and every order or THE JUDICIAL COMMITTEE.
minute, or copy of an order or minute, of a court of sum. CAP. 3.-AN ACT TO FURTHER IMPROVE THE ADMINISTRA mary jurisdiction, as well as every document or process
TION OF JUSTICE IN THE JUDICIAL COMMITTEE OF THE (other than a warrant of arrestment) required to be Privy COUNCIL
served or executed for any purpose connected with a It was provided by 14 & 15 Vict. c. 83, that “every
court of summary jurisdiction. person holding, or who has held, the office of a judge of the Court of Appeal in Chancery shall, if a member of her Majesty's Privy Council, be a member of the Judicial Committee of the Privy Council.” It has apparently i
CASES OF THE WEEK.
COMPANY - VOLUNTARY WINDING UP - COMPULSORT
ORDER-RIGHT or Fully PAID-UP SHAREHOLDER TO PETI[To the Editor of the Solicitors' Journal.]
TION-INSOLVENT COMPANY-COMPANIES Act, 1862, s. 138. Sir, It appears to me that now-a-days to give a 1 -In the case of In re Belgravian Ice Company (Limited), an sheriff's officer a writ of attachment in the hope and ex- application was made before Kay, J., Vacation Judge, on the pectation of its ever being executed is little better than a 21st inst., for a winding-up order of the company by a fally farce. Without mentioning names, I may say that a few paid-up shareholder. The petition alleged that the company weeks ago I had occasion to lodge such a writ with one of
was iosolvent unless the liquidation was most successful, the officers in a certain county. He appears to have put
and further, that one shareholder bad a paramount interest it in his drawer with a number of similar writs, and never
in the company, and that the petitioner would be prejudiced
by anything but a compulsory order and an independent troubled his head about it for several days, at the expira.
liquidator. It appeared that since the presentation of the tion of which time he wrote stating that if I could identify
petition the company had agreed upon a voluntary liquidadefendant he could be taken. I accordingly went to the tion. For the petitioner it was submitted that she was place where he was most likely to be found, met him,
prejudiced by the voluntary winding up, and was entitled and immediately wired the sheriff's officer to send down to a compulsory order, and reliance was placed upon In re a man at once, but although I waited patiently for two West Surrey Tanning Company (L. R. 2 Eq. 737.) For the hours, no one came. In reply to a complaining letter, the company it was submitted that the petitioner had no Lacues officer wrote expressing his regret that no one was in standi, and that the petition should be dismissed with when the telegram arrived, and asking me to give him costs, on the authority of In re Diamond Fuel Company twelve hours' notice of any appointment with the de
(22 SOLICITORS' JOURNAL, 246), and further, that the only fendant.
ground apparently for the petition was that the present I again arranged to meet the officer and another man,
liquidator was objected to, and as to the latter point, that
the petitioner could have applied under the 138th section of whose motto seems to be “ defence not defiance," at ten
the Companies Act, 1862, without the necessity of any o'clock punctually the next day. I attended at the time
winding-up order. KAY, J., said that it had been settled since named, the man without the warrant arrived at the time
the Beaugdais Wine Company's case (L. R. 3 Ch, 15) that a named, but he who had the warrant sauntered down at shareholder must make out a case for the court to interfere 11.15 and another opportunity was lost.
with a voluntary winding up. As far as be could judge, Further comment on this would be superfluous; suffice all that the present petitioner objected to was the liquidatot, it to say the defendant has not yet been secured, and but she could have applied under the 138th section for his probably the writ has been peacefully slumbering in removal, and a windiog up by the court was altogetber unthe officer's drawer ever since his last bold attempt to necessary. Under the circumstances he should dismiss the execute it.
petition, but as the voluntary liquidation had taken place My object, of course, in troubling you is that possibly
after the presentation of the petition, he would dismiss it some of your numerous readers, who doubtless suffer in
without costs.-SOLICITORS, Rogers & Chave; A. Kerby. the same way, may be able to suggest a remedy.
A CONSTANT READER.
PRACTICE-TAXATION OF Costs -PRESENCE OF SOLICITOR
-VACATION.-In the case of In re A Solicitor, also befora DUTY OF SOLICITOR ACTING FOR BOTH Kay, J., on the 21st inst., an application was made for leave
PARTIES ON SALE OF EQUITY OF REDEMP. | to tax a solicitor's bill in the vacation. The comboa TION.
order to tax had been made on the 10th of September, and [To the Editor of the Solicitors' Journal.]
the taxing master was willing to proceed with the taxation
forth with, but he considered he had no power in vacation Sir,—Permit me to avail myself of your columns to without an order of the judge to compel the attendance of ask whether any of your readers can refer me to any | the solicitor at the taxation. KAY, J., said tha: the order he case in which it has been held to be the duty of a should make would be to direct the taxation to proceed on solicitor acting for both parties, on the occasion of a con- | notice being given to the solicitor, so that he might attend veyance of an equity of redemption, to inform the vendor
if he liked, If he did not attend, then the taxation would that he will remain liable to the mortgagee, although he
proceed in his absence.-SOLIITORS, Eardley, Holt, f Richis parting with the property?
ardson, [We do not know of any case, but we should think that it is clearly the duty of the solicitor acting for both PRACTICE-ARBITRATION-AGREEMENT TO REYER ALL vendor and purchaser of an equity of redemption to MATTERS IN DISPUTE-CHARGING ORDER-ALTERATION-inform the vendor that he will remain liable on the REFUSAL OF ARBITRATOR TO ACT-APPOINTMENT OF NEW covenants in the mortgage.-Ed. S. J.]
ARBITRATOR-COMMON LAW PROCEDURE Act, 1851, s. 12.-
21st inst., a motion was made for the appointment by the CHARITY LEASES.
court of a new arbitrator under the following circumstances, [To the Editor of the Solicitors' Journal.]
The action was one in relation to setting aside an agreement, Sir,--In settling a charity lease the other day I met
and had been dismissed by Fry, J., and there was a with a mistake in Woodfall's “Landlord and Tenant"
sum now in the hands of the plaintiff, payable to the
defendant. Subsequently to the trial, the defendant and which is of some importance, and to which yon might
his solicitors had quarrelled, and an agreement was come to like to call your readers' attention. Atpp. 34 and 35 of the
referring all matters in dispute to the arbitration of an 12th edition, 23 & 24 Vict. c. 136, s. 16, is mentioned as eminent solicitor. The defendant's solicitors subsequently governing leases of charity lands, and the section is set obtained a charging order on the moneys in the plaintiffs out at length. I find, however, that that section has hands for any sum so found due. By the agreement the been repealed by 32 & 33 Vict. c. 110, s. 17, and that arbitrator had power to tax the bill of costs of the defendant's section 12 of the latter Act now regulates the matter. solicitor. When the parties came before the arbitrator the Lincoln's-inn, Sept. 13.
conduct of the defendant was so violent that the arbitrator refused to proceed with the arbitration, and this motion was now made under the 12th section of the Common
Law Procedure Act, 1854, for the appointment by the Mr. Justice Watkin Williams, who is the judge selected] court of a new arbitrator. It was also asked that the chargto go on the Western Circuit at the ensuing autumn assizes, | ing order might be varied accordingly. The defendant will, in addition, undertake some portion of the duties for submitted that no order should be made, and desired that Lord Justice Lush on the North and South Wales Circuits. I all matters should be referred to the taxing master or
to one of the official referees. KAY, J., said he had power under the section referred to to appoint & new arbitrator
SOCIETIES. when, as here, the named arbitrator refused to act, and he accordingly referred it to chambers to appoint an arbitrator. He said he had no power to vary the charging order as
INCORPORATED LAW SOCIETY. asked, but that a new order must be drawn up, inserting
ANNUAL PROVINCIAL MEETING. the name of the fresh arbitrator.--SOLICITOR, W. Webb.
The following arrangements have been made for the
annual provincial meeting of this society, to be held in the PATENT --INFRINGEMENT - VALIDITY ESTABLISHED BY Pavilion at Brighton, on Tuesday and Wednesday, the 11th ACTION-AGE OF PATENT-ISSUES.-- In the case of Holmes
and 12th of October next. Marine Life Protection Association (Limited) v. Pilley, also Tuesday, October 11 :-The president, Mr. Cbarles before Kay, J., on the 21st inst., a motion was made to re
Claridge Druce, will take the chair at 11 a.m., and address strain the infringement of a patent now thirteen years old,
the meeting. After the address of the president, papers and which had never been impeached. It was admitted that
contributed by members of the society will be read and the validity of the patent bad not been decided in any jndi. discussed. The meeting will adjoura at 1.30 for luncheon. cial proceeding, but an injunction was asked simply on the
It will be resumed at 2.30, and be closed at 4.30 o'clock. ground of the age of the patent. The plaintiffs alleged that In the evening, the members of the Incorporated Law if an account were kept by the defendant it would be
Society attending the meeting (to a number not exceeding no adequate protection to them, as the defendant was ruining
400) will be entertained at dinner by the president and the trade by his mode of selling. The defendant denied the members of the Sussex Law Society. validity of the patent on the usual grounds, and offered to Wednesday, October 12:—The meeting will be resumed keep an account until the trial. He objected to any injunc at 11 a.m., when the reading of papers and the discussion tion. KAY, J., said he did not think it was the practice to
thereon will be continued until 4.30 p.m., with the excepgrant an injunction, even in the case of an old patent, where tion of an interval of adjournment for luncheon between 1.30 it had not been established by some judicial proceeding. All and 2.30 p.m. The forty-sixth balf-yearly general meeting he could do now was to direct the usual issues to be tried as to of the Solicitors' Benevolent Association will be held in the the validity of the patent. The defendant must keep ap
| Pavilion on this day, October 12, at 10 a.m. account, and on these terms the motion would stand to the 1 On the evening of Wednesday, October 12, there will be trial. The parties might deliver their pleadings at once, and a conversazione and ball at the Pavilion, at 9.30. then settle the issues if necessary. -SOLICITORS, Burton,
Endeavours will be made to arrange one or more excurYeates, Hart, & Burton.
sions on Thursday, the 13th.
The Brighton committee will be happy to give any further
information to members proposing to attend the meeting on LANDLORD AND TENANT-DISTRESS-BAILIFF-AGENT OF application addressed to Mr. J. W. Howlett, Brighton. LANDLORD_WITHDRAWAL OF DISTRESS BY LANDLORDRETAINER OF POSSESSION BY BAILIFF-EXPENSES OF Dis. TRESS. --In a case of Pronger v. Freeman, also before Kay, J., on the 21st inst., a motion was made for an order that the LAW STUDENTS JOURNAL. defendants should give up possession of the plaintiff's premises. The plaintiff was tenant of the defendant Freeman on a yearly tenancy, his tenancy expiring at Michaelmas
MANCHESTER LAW STUDENTS' SOCIETY. next. It appeared that Freeman had written to the plaintiff The third meeting of the summer session was held on applying for his rent, and stating that a distress would be put Tuesday evening, September 20, at the Law Library, Crossin unless the same was paid. The plaintiff at once sent street, Manchester, when J. B. Edge, Esq., of Manchester, Freeman a cheque for the rent, about £120, actually remain.barrister-at-law, occupied the chair. It was unanimously ng due of the Lady-day rents, certain sums having been paid resolved: “That the hearty congratulations of the society be, by the plaintiff on account of the defendant. Before the and are hereby, tendered to Mr. S. F. Butcher and Mr. Jas. defendant had received the cheque he ordered the defendaut Hislop upon their recent successes at the Solicitors' Honours Morgan, as bis agent, to distrain for a whole year's rent- Examination, and the society notes with pleasure the success namely, £400-and Morgan accordingly went into possession which has attended the Manchester candidates at that exand refused to allow any of the plaintiff's crops to be removed. amination, two out of the five in the first class having come On the plaintiff ascertaining that, notwithstanding the pay. from this city.” The question for debate was: “Does notice ment of his cheque, Morgan dcclined to withdraw from pos. of an act of bankruptcy committed after the seizure, but before session, and that he claimed expenses calculated for a seizure delivery under a writ of elegit, deprive the creditor of the and sale for £400 instead of £120, the amount aotually due | privileges of section 95 of the Bankruptcy Act, 1869 ?" for rent, he commenced this action for damages and an in Messrs. Innes, Coward, and Law argued for the affirmative, junction. An interview subsequently took place between and Messrs. Branthwaite and Caspar supported the negative. the plaintiff and Freeman, when the latter gave the plaintiff a Mr. F. W. Roe Rycroft (solicitor) and Mr. Hislop (solicitor) receipt in full for the whole year's rent and also an agreement also spoke in favour of the affirmative. The chairman then to pay him a valuation as outgoing tenant, and at the same summed up in a very able and exhaustive manner, and the time he sent off a telegram to the defendant Morgan saying question on being put to the meeting was decided in the that the distress was withdrawn. Freeman subsequently affirmative by four votes. A cordial vote of thanks to the wrote to Morgan confirming the telegram, and stating chairman concluded the meeting. that unless the plaintiff subsequently paid his expenses he would. Morgan still, however, refused to 'withdraw unless his expenses were first paid, and accordingly this motion was brought, asking that the defend
OBITUARY. ants might be ordered to withdraw. For Freeman it was submitted that the agreement was that the plaintiff was to
MR. HENRY CHARLES TRENCHARD. pay Morgan, and that he had not done so. For Morgau it was submitted that he was bound to be paid his expenses,
Mr. Henry Charles Trenchard, solicitor, of Taunton, died and was entitled to remain in possession until that was done,
suddenly on the 13th inst. He was out shooting at West and was in effect a quasi-officer of the court. Kar, J., was
Buckland with his son, when he fell to the ground, and clearly of opinion that Morgan was only agent of the land
died almost instantly. Mr. Trenchard was admitted a lord, and was bound to withdraw from possession as soon as
solicitor in 1831, and he bad practised for over fifty years at his authority was withdrawn. He was not at all in the posi
Taunton. He had an extensive private practice, and he had tion of a sheriff's officer where an execution had been put in.
been for many years clerk to the Taunton Board of He must now withdraw, leaving the question as to his ex.
Guardians, Assessment Committee, and Rural Sanitary penses to be subsequently determined. He would reserve
Authority, and superintendent registrar for the district. the costs of the motion.-SOLICITORS, Eardley, Holt, di
He was also solicitor to the Taunton and West Somerset Richardson ; Jackson f Prince.
Licensed Victuallers' Association, and secretary to the local Conservative association. Mr. Treuchard was universally respected at Taunton, and his sudden death is much lamented.
Mr. John BREWSTER, solicitor, of Middlesborough, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.
Mr. John BoWLING, solicitor, of Leeds, has been appointed Clerk to the Horsforth Local Board.
Mr. EDWARD GREER, solicitor, of Newry, bas been appointed an Assistant Legal Commissioner under the Irish Land Act. Mr. Greer has been for several years sessional Crown solicitor for the county of Armagh.
Mr. GERALD HUNNYBUN, solicitor, of Huntingdon, has been appointed by the Duke of Manchester to the office of Coroner for the Leytonstone Division of Huntingdonsbire.
GOTTSCHALCK, GOPrney, Fallowfield, Manchester, Merchant. Nov
15. Cunliffo and Co, Manchester HARDING, HENRY, Stoke Bishop, Gloucester, Yeoman, Oct 15.
Meade-King and Bigg, Bristol JACKSON, ARABELLA, Whitby, York. Dec 31. Gray and Patnetz,
Whitby JACKSON, THOMAS, Ruswarp, York, Gent. Dec 31, Gray and
Pannett, Whitby JENKINSON, WILLIAM, Sheffield, Leather Dealer. Oct 17. Wheat,
Sheffield LEIGH, SAMUEL GEORGE, Leeds, Surgeon. Nov 15. Butler and
Middlebrook, Leeds MARNER, MARY ANNE GOODWIN, Lewisham High rd. Nov 9.
Thomas, Regent st MILLETT, HANNIBAL CURNOW, Blenheim rd, St John's Wood,
Solicitor. Oct 20. Coode and Co, Bedford row PEMBERTON, FREDERICK ALBERT, Horseferry rd, Westminster. Oct
18. Mackeson and Co, Lincoln's inn fields Pollard), Joun, Holker, Lancaster, Gent. Sept 29. Tyson, Dalton.
in-Furness PROCTER, WILLIAX, the younger, Durham, Gent. Oct 6. Marshall,
Durham STANDFIELD, WILLIAX THOMAS, Crewkerne, Somerset. Brewer.
Oct 12. Sparks and Blake, Crewkerne THOMPSON, ROBERT, Kendal, Westmoreland, Glass and Chins
Dealer. Oct 22. Bolton, Kendal Wilcox, WILLIAM, Walsall, Stafford, Spur Manufacturer. Oct 10.
Stubbs and Smythe, Birmingham Wilson, Joux, Dewsbury, York, Gent. Nov 1. Chadwick and Sons, Dewsbury
Gazette, Sept. 13.)
LIMITED IN CHANCERY.
presented Sept 14, directed to be heard before Chitty, J., at the Rolls Court, Chancery-lane, on Wednesday, Sept 28. Nash and Field, Queen st, Cheapside, agents for Pybus, Newcastle on-Tyne,
solicitor for the petitioner. WATSON KIPLING AND COMPANY, LIMITED.-By an order made by
Kay, J., dated Sept 7, it was ordered that the voluntary winding up of the said company be continued. Crowder and Co, Lineoln's. inn-fields, agents for Ward, Middlesbrough, solicitor for the petitioners.
[Gazette, Sept. 16.] GENERAL Iron SCREW COLLIER COMPANY, LIMITED.-Petition for
winding up, presented September 20, directed to be heard before the Vacation Judge, Rolls yard, Chancery lane, on Sept 29. Lyne and Holman, Great Winchester st, solicitors for the petitioners. NORTHERN COUNTIES BANK, LIMITED.--Petition for winding up,
presented Sept 17, directed to be heard before Kay, J., at the Rolls court, Chancery lane, on Sept 28. Rossiter, Verulam bldgs, Gray's inn, agent for Joel, Newcastle-upon-Tyne, solicitor for the
petitioner. PROVINCIAL MONETARY COMPANY, LIMITED.-By an order made by Kay, J., dated Sept 14, it was ordered that the above company be wound up. Kingsford, Dorman and Co, Essex st, Strand, agents
for Titley, Bath, solicitor for the petitioners. WORKING MEN'S MUTUAL SOCIETY, LIMITED.-By an order made by Kay, J., dated Sept 7, it was ordered that the above society be wound up. Beall and Co, Queen Victoria st, solicitors for the petitioner. Kay, J., has fixed Friday, Sept 30, at 12, at the chambers of Chitty, J., Rolls yard, Chancery lane, for the
appointment of an official liquidator, SILVER VALLEY MINES, LIMITED.-Kay, J., has fixed Friday, Sept
30, at 12, at the chambers of Chitty, J., Rolls yard, Chancery lane, for the appointment of an official líquidator.
[Gazette, Sept. 20.]
ATKINSON, MARY, Brighton. Oct 20. Verrall, Brighton
Crewkerne Botwright, Maria, Harwar st, Hackney rd. Oct 1. Jenkinson,
Eastcheap BRADLEY, JOSIAI, Oldham, Cotton Yarn Dresser. Oct 8. Mellor,
Oldham BRADLEY, MARY, Oldham, Lancaster, Oct 15. Mellor, Oldham COURT, ROBERT, Dymchurch, Kent, Yeoman. Oct 11. Stringer,
New Romney CurlixG, BOSWELL, Lewisham, Kent, Wine Merchant's Clerk. Sov
1. Chorley and Co, Moorgate st Davies, William, York Town, Surrey, Surgeon. Nov 1. Cooke,
Wokingham Dext, Thomas, Kingston upon Hull, Licensed Victualler. Nov 1.
Watson and Son, Hall DITCHETT, WILLIAM DAY, Louth, Lincoln, Surgeon. Nov 14. Wood,
Louth DUNCOMBE, RICE JOIN Ives, Exeter, Gent. Nov 1. Tozer ani
Geare, Exeter GORDON, CATHERINE MARIA, Onslow gdns, Kensington. Oct 31.
Boodle, Davies st, Berkeley sq GOULBURN, SABAH, Cheetham, ar Manchester. Oct 20. Marlow and
Dixon, Manchester HARLAND, CHARLES, Duke st, St James', Esq. Oct 15. Crawley
and Arnold, Whitehall pl LORD, ALFRED, Vicar of Mithian, Cornwall. Nov 1. Edward
Carpenter, Trafalgar sq. MAGER, THOMAS, Birmingham, Houso Agent. Oct 16. Tyndall ans!
Co, Birmingham OWEN, WILLIAM, Rotherham, York, Ironmaster. Nov 9. Nichol.
son and Co, Weth, nr Rotherham PEARSON, MARGARET Anx, Heigham, Norwich. Oct 9. Sadd ani
Linay, Norwich PINCHES, CONRAD HUME, Cromwell rd, South Kensington, Barrister
at Law. Nov 1. Gregson, Angel ct, Throgmorton st PURNELL, TIIOMAS, Gunnersbury, M.D. Oct 31. Hobbs, janr,
Wells SELLER, JOHN LARDEN, Tarporley, Chester, Esq, M.D. Oct 20.
Birch and Co, Friars, Chester SMITH, George Keith, Gosport, Southampton, Wine Merchant.
Nov 1. Wilkinson and Drew, Bermondsey st SPARROW, SARAI Price, Welshpool, Montgomery, Sept 23.
Howell and Co, Welshpool WAITE, Francis' Usher, Beeston, Nottingham. Nov 1. Murray,
Whitehall pl WHITEHEAD, WALTER WILLIAM, Leeds, Bookbinder. Nov 1. Walter Harland, Leeds
[Gazette, Sopt. 16.)
FRIENDLY SOCIETIES DISSOLVED. LIVERPOOL WAITERS' SICK AND BURIAL SOCIETY, Liverpool, Sept
13 CROFT JUNIOR FEMALE FRIENDLY SOCIETY, General Elliot Inn, Croft, Lancaster, Sept 13
[Gazette, Sept. 16.] FRIENDLY AND BENEFIT SOCIETY, Crown Inn, Strickland, Dorect. Sept 16.
[Gazette, Sept. 20.]
CREDITORS UNDER 22 & 23 VICT. CAP. 25.
LAST DAY OF CLAIM. ARSCOTT, THOMAS REYXOLDS, Exmouth, Captain in the Devon
Artillery Militia. Oct 15. Tozer and Geare, Exeter BAINBRIDGE, WILLIAM, Yarm, York, Gent. Nov 1. Newby and Co,
Stockton-on-Tees BIRKET, Joun, Cartmel Fell, Lancaster, Gent. Oct 22. Bolton,
Kendal Browx, RODERT, Newmarket All Saints, Cambridge, Fishmonger.
Oct 1. Fenn and D'Albani, Newmarket BURLEY, JOnn, Halifax, Gent. Oct 15. Edwards Hill, Halifax BuxtoX, ELIJAI, London ru, Fishmonger. Oct 1. Binney and Co,
Shellield (AxTOR, MORRIS, Tavistock sq, Esq. Oct 17. Hilbery, Billiter st CUMMING, Rev Jonx, Manor House, Chiswick. Oct 25. Hyde and
Co, Ely pl, Holborn DALTREY, HENRY FRANCIS, Forest, Ivory Warehouseman. Nov s.
Phipos, Farringilon st Edmondson, Isaac, Keswick, Cumberland, Gent. Oct 22. Bolton,
Kendal Foggon, ELIZABETH, Jarrow, Durham. Nov 7. Mather and Co,
Newcastle upon Tyno
ATKINSON, MART, Brighton. Oct 20. Verrall, Brighton
Wells, Paternoster row
Shaw, Leeds BrRNET, JAMES, Lewisham, Draper. Oct 21. Wells, Paternoster
row Cock, GEORGF, South Molton, Devon, Retired Tradesman. Sept 29
Shapland and Sons, South Molton Cook, RICHARD, Bromsgrove, Worcester, Builder. Oct 31. Cres.
well, Bromsgrove Dobson, THOMAS, Kirby Moorside, York, Retired Grocer. Oct 11.
Harrison, Kirby Moorside DUBHAM, LYDIA, Addison rd, Kensington. Oct 16. Unna, The
Sanctuary, Westminster Fisk, Joun LEATHERDALE, Widmore, Bromley, Kent, Underwriter.
Oct 22. Harries and Co, Coleman st FITZPATRICK, Mary Ann, Liverpool. Oct 17. Hore and Co, Liver
pool Frost, George, Dorchester, Hotel Proprietor. Scpt 30. Coombs,
HORNER, FrancES, Brompton, Northallerton, York. Oct 14. St. Pancras Registration Court a few days ago, and which Whitehead, Pickering
It turned upon the digHorner. SimonWhitby, York. Gent. Oct 11. Whitehend. | affects a large number of claims. Pickering
! tiuction to be drawn between a“ lodger” and an ooou pier." KEELING, HANNAI Core, Hanley, Stafford. Oct 20. Paddock and Charles Simpson claimed as an occupier for three rooms at Son, Hanley
| 24, Princes-crescent. Having been objected to, he apKEELING, RALPH, Hanley, Stafford, Clerk. Oct 20. Paddock and Son, Hanley
peared and proved that the fornitore in the rooms was his LEWIN, LUKE THOMAS, Myddleton sq, Islington, Gent. Oct 26. owd, that he had free ingress to the rooms, and could sbut Berkeley and Calcott, Lincoln's inn fields
out the landlord if he chose, and that the landlord gave him MILBURY, Tuomas, Newcastle-upon-Tyne, Carman, Nov 1. Dickinson, Newcastle-upon-Tyne
no service or attendance. The question the revising barris. PLACE, CAROLINE, York. Nov 1. Whitehead, Pickering
ter eaid was whether Mr. Simpson was a lodger or an occuRANDALL, Venerable Archdeacon HENRY GOLDNEY, Christian
pier, and that had always been one of great difficulty, and Malford, Wilts. Nov 1. Booty and Bayliffe, Raymonds bldgs, Gray's inn
was rendered more difficult by the interpretation of the REILLY, THOMAS, Wednesbury, Stafford, Insurance Agent. Oct 17. words “dwelling-house" in the Act of 1878. To entitle Mr. Jones, Wednesbury
Simpson to the franchise it must be shown that he had sole RICHARDSON, Joun, Heslington, York, Gent. Nov 22. Crumbie,
and exclusive occupation or use of a room or rooms, and that York RONAYNE, ELIZABETH, Harrogate, York. Nov 1. Emmet and he had during the time of such occupation been rated as an Walker, Halifax
ordinary householder. He was of opioion that Mr. Simpson STOKES, Rev. GEORGE, Hope, near Hanley, B.D. Oct 10. Bishop had made out his claim on the first point-namely, that he
and Topham, Hanley WIEELER, George, Warminster, Wilts, Nurseryman. Nov 30.
had sole and exclusive use of part of a house. With regard Wakeman and Black, Warminster
to the next point-pamely, the payment of rates—it had WIFFEN, ROBERT, Thames Ditton, Surrey, Licensed Victualler. been decided that where a number of persons occupied Oct 21. Wells, Paternoster row
distinct and separate parts of a factory or building, and the WIGITHAN, Joun, Chard, Somerset. Retired Ironfounder. Oo Clarke and Lukin, Chard
landlord paid the whole of the rates, then the various persons [Gazette, Sept. 20.1 must be held to have been rated as ordipary householders,
altbough not separately rated by the overseers-& thing which it was practically impossible for the overseers to do.
He therefora held that the claim of Mr. Simpson had been LEGAL NEWS.
made out, and should disallow the objection made by the
Conservatives. The Lord Chancellor is suffering from indisposition, brought on by overwork, and has been advised to take complete rest. It is stated that his medical advisers hope that he will be convalescent in the course of a week.
SALE OF ENSUING WEEK. It is stated that the Commissioners of Prisons have reported Sept. 30.-Mr. E. JACKSON, at the Mart, at 2 p.in., Freehold against the retention of Newgate Gaol, and it only remains
Buildiog Property (see advertisemeat, Sept. 10, p. 844). for the Home Secretary to confirm their decision. Clerken well Prison will become the central lock-up for London malefactors; and the courts of law which comprise what is known as the Old Bailey will be enlarged so as to cover the BIRTHS, MARRIAGES, AND DEATHS. space now occupied by the prisou.
BIRTHS. In Davis v. Mayor and Council of Macon, says the Albany Banks. Sept. 18, at Woodsley Lodge, Leeds, the wife of Law Journal, Judge Bleckley observed :-“When I was a | George Banks, barrister-at-law, of a daughter. solicitor-general nothing in my experience struck me with BROWN.-Sept. 16, at the Royal Bank House, Maybole, N.B., more force than that, term after term, in each county of the wife of David Brown, solicitor, of a son. my cironit, I met substantially the same body of people
SETON-KARA. --Sept. 12, at Roby Hall, Liverpool, the wife of who bad connection with the criminal docket-the game
Henry Seton-Karr, barrister-at-law, of a son.
STRICKLAND. - Sept. 20, at Essex Lodge, Cotham-road, array of prosecutors, defendants, and witnesses. Here and
Bristol, the wife of Nathaniel Strickland, solicitor, of á there & Dow man would come in, and occasionally &
daughter. prosecutor would become a progecated, and vice versa, and
MARRIAGES. the witness class would occasionally disintegrate and mix APPLETON – TRISTRAM.--Sept. 20, at Bramshott Church, up with the other two ; but my intimates were, and con Hants, William Appletop, of the Inner Temple, barrister-attinded to be for four years, very much the same individuals.
law, tó Eleanor Penelope Mary, daughter of the late William They were my regular customers."
Barrington Tristram, of Fowley, Hants.
BRIGGS -- RIDSDALE. — Sept. 20, at Ealing Congregational At the Wandsworth Police Court on Wednesday last an im Church, E. F. Ashworth Briggs, M.A., LL.M., of the portant case was heard, having reference to the construction Middle Temple, barrister-at-law, to Florence May Ridsdale, of sbop basements, Alfred Boon, a builder, being summoned daughter of the late Joseph Ridsdale, of Montpellier, Tufat the instance of the Wandsworth Board of Works for pro.
nell-park, N. ceeding to the erection of houses in the Battersea Park-road
PROTHERO.-Sept. 15, at 4, St. John's-wood-road, Thomas contrary to the order of the board. It appeared that the de. |
Prothero, F.S.A., barrister-at-law, aged 65. fendant sent in an application for the erection of a number RADCLIFF.-Sept. 13, at 24, Montague-place, Russell-square, of shops with basements. Upon that the board passed a Joseph Radcliff, M.A., barrister-at-law, aged 43. resolution in effect stating that they could not permit the houses to be erected below the level of the road. Mr. Guy, who appeared for the defendant, said he believed the point had never been raised before. If allowed, it would practically prevent the construction of basements in London, Mr.
LONDON GAZETTES. Corsellis, clerk of the board, said the main sewer was laid in the Battersea Park-road fifteen years ago, and on the
Bankrupts. occasion of storms the water rose and flooded the basements.
FRIDAY, Sept. 16, 1881. The only way to avoid the difficulty was to prevent the con.
Under the Bankruptcy Act, 1869. struction of basements. Mr. Pilditch, the surveyor, was Creditors must forward their proofs of debts to the Registrar. called to corroborate that statement. After a lengthened
To Surrender in London. argument, in which the magistrate thought the board had Greenfield, Edward Jabez, Denmark hill, Aner ley, Tailor. Pet Sept power to make the order, Mr. Corsellis suggested that the
14. Brougham. Sept 29 at 1 defendant should fill up the basements which he had already
To Surrender in the Country.
Brindley, Samuel, Ashton-on-Mersey, Chester, Builder. Pet Sep constructed. The defendant asked to be allowed to retain 12. Lister. Manchester, Oct 10 at 12 the basements to some half-dozen shops on the understanding Fletcher, William, Wingates, Westhoughton, Lancaster, Builder. that the remainder should be erected without them. The
Pet Sept 9. Holden, Bolton, Sept 28 at 11
Halstead, Edward Percy, Ross, Hereford, Horse Dealer. Pet Sept summons was ultimately adjourned to allow of an arrange
13. Carless, jun. Hereford, Sept 29 at 10 Inent.
Nicholls, B B , Bristol, Bootmaker. Pet Sept 13. Harley.
Bristol, Sept 28 at 2 Mr. J. N. Goren, the revising barrister for St. Pancras, in
18, Pointon, Edwin, St. Helen's, Lancaster, Grocer. Pet Sept 14. on Thursday gave his decision in & case which arose at the Cooper. Liverpool, Oct 3 at 12