further. It is, however, a scandal and disgrace that the administration of justice should be so seriously impeded. It is bad enough to have to proceed to judgment, but it is still worse when the judgment has been obtained, execution issued, and the money recovered thereunder, that the officer of the State should retain it, and only hand it over practically at his own pleasure. Indeed, I am told that one officer makes it a rule to hand over the fruits of an earlier execution by paying over the proceeds of a later one, and thus rings the changes. The Corporation of London has in many ways and at many times been instrumental in effecting a great many improvements, and I hope that Mr. Fraser will succeed in his efforts to bring this matter under their notice, so that some steps may be taken to prevent the serious annoyance to which suitors are now frequently subjected. It may be true that all sheriffs' officers are not alike in this respect, yet it is sufficient to justify interference that it is within their power to act in the way some of them unquestionably do. The matter is, from the lowest point of view, at least worthy of the fullest investigation, and the united wisdom of the Law and City Courts Committee ought to be able, with the co-operation of the Lord Chancellor, to suggest some suitable remedy. October 17. A CITY SOLICITOR. BILLS OF SALE. [To the Editor of the Solicitors' Journal.] Sir, I have perused with great interest your report of the able paper read by Mr. Saunders, of Birmingham, at the recent meeting of the Incorporated Law Society at Brighton upon the subject of Bills of Sale, and the discussion which took place thereon. It appears to me that a more important subject, as affecting more particularly the trading portion of the community, could not engage the attention of the profession, and, with your permission, I propose to make a few remarks thereon, the result of a considerable number of years' experience in managing the bankruptcy department of a firm of solicitors enjoying one of the most extensive commercial practices in the provinces. Whilst agreeing to a limited extent with the majority of the meeting as to the propriety of allowing a person possessed of personal chattels, such as furniture owned by a lodging-house keeper, machinery by a manufacturer, and similar cases, to raise money thereon by bill of sale, I still think the principle propounded by Mr. Saunders, and others forming the minority, of rendering it illegal by enactment to grant a bill of sale on personal effects, might well be applied to stock-in-trade and articles in which a debtor deals in the ordinary course of his trade, and more particularly with regard to after-acquired property of that nature. There is, in my opinion, the very widest possible distinction between the two kinds of personal effects, and it is in cases of bills of sale over stock-in-trade that the evils of the present law are mostly felt. I have had to deal with very many such cases in my experience, and I have come to the conclus on that where a debtor is compelled to resort to the expedient of raising money on his stock-in-trade, it is quite time that he should be prevented from further carrying on business. In ninety-nine per cent. of such cases he has to pull up at no great distance of time, and then the creditors find themselves in the very unpleasant position of having a debtor without assets, those being swept away under the bill of sale by some usurer, or, not unfrequently, by some friend of the debtor. Now I think a very short enactment would most effectually deal with this evil by providing that the giving of a bill of sale by a trader over his stock-in-trade should constitute an act of bankruptcy. provides that a bankrupt or liquidating trader within four months before his bankruptcy or liquidation pawning, pledging, or disposing of, otherwise than in the ordinary way of his trade, any property which he has obtained on credit and has not paid for, shall be guilty of a misde. meanor and be liable to imprisonment. And it has been held that a debtor giving a bill of sale within four months of his liquidation or bankruptcy over stock-intrade which he has not paid for comes within that subsection. So that the Legislature evidently had in mind when passing that Act some of the evils attending the giving of bills of sale over stock-in-trade. Now, is it not something of an anomaly that, whilst punishing a debtor criminally in such a case, yet the law upholds the transaction itself if given for a present advance? Would it not be better, by providing for the avoidance of such a bill of sale, to save a debtor from the temptation? Again, I have known many cases where a debtor has given a bill of sale more than four months prior to his liquidation or bankruptcy, to cover after-acquired property, the result being exactly the same evil as was contemplated by that sub-section, and yet the debtor has escaped from any criminal consequences. Why should this be so? I cannot see any moral difference between the two cases. With regard to the order and disposition clause (section 20) of the Bills of Sale Act, 1878, fears were expressed at the time the Bill was passing through Parliament that that proposal would result in creating very many greater evils than it would remedy, and I think the statistics as to the great increase in the number of bills of sale since that Act came into force fully corroborate those fears. But I venture to think that, without going back to the old law, many of those evils would be mitigated, if not entirely done away with, by the propo sition I have here suggested. HENRY P. JONES. Manchester, October 17. THE BRIGHTON MEETING. [To the Editor of the Solicitors' Journal.] Sir,-Owing to the imperfection of the few observations which I made at the Brighton meeting on the subject of Bills of Sale, I am, in your excellent account of the recent meetings at Brighton, made to say that I desire the repeal of the clause relating to order and disposition in the Bills of Sale Act, 1878. What I intended to mention was, that I not only objected to so much of the resolution before the meeting as exempted future property from bills of sale, but also to so much as proposed tɔ repeal section 20 of the Act. In the result it will be seen that by a very large and conclusive majority the meeting decided against the exclusion of future property, and in favour of the incia. sion of property in the order and disposition of the grantor: in other words, that in these two respects there should be no amendment of the law. 2, Soho-square, W., October 17. W. J. FRASER. The health of Lord Selborne is stated to have greatly improved during the last few days. His lordship has been ordered extreme quiet and thorough rest from officid work. He will remain for this purpose at his country seat at Petersfield until Parliament meets. For some reason, says the Daily News, the energy which characterized some stages of the work at the new law courts has of late died down considerably, and unless very important augmentations of strength can be male. it is really difficult to say even approximately when the work will be finished. There were last week something under 200 men employed upon the building. They have since been brought up tɔ between three and foar Section 11, sub-section 15, of the Debtors Act, 1869, hundred. THE BRIGHTON MEETING. *ONE WHO WAS PRESENT sends us the following observations on the recent meeting of the Incorporated Law Society : Some doubt was expressed after the meeting last year at Sheffield whether the Sussex Law Society had not undertaken too great a task in the invitation which they gave to the Incorporated Law Society to hold their eighth annual provincial meeting this year at Brighton. I believe some communication was made to the Sussex Law Society with a view to assist them in the task which they had undertaken, but after mature consideration they resolved to adhere to their original determination. They are certainly to be most heartily congratulated upon the great success which has attended their -efforts; and the brilliant reception given by them to the Incorporated Law Society will live long in the memories of those who were so wise as to accept the invitation. Whether regard be had to the convenience and adaptability of the rooms in which the meetings were held, or to the excellence of the very recherché lunch which was so liberally provided each day, or to the grand banquet which was so -successfully arranged in the Dome, or whether attention be exclusively confined to the conversazione and ball held in that magnificent suite of rooms at the Pavilion, which are unexcelled in any other part of the county, or to the dinners at which the various solicitors of the town entertained small parties on Wednes day, or to the excursions so wisely arranged and so ably carried out on Thursday, it cannot be doubted that neither time nor expense had been spared to prepare for the entertainment in the fullest and most acceptable manner of the large number of guests who attended the meeting. Sometimes where so much has to be done in comparatively so short a space of time, those who may not have participated in the requisite preliminary labour are rather apt to overlook the hard work which has to be done in order to bring to a successful issue so many different arrangements. The courteous and able president, Mr. Howlett, is entitled to the warmest thanks of all, as well as the vice-president, Mr. Williams, who did all in his power most efficiently to aid Mr. Howlett. It is not too much to say that Mr. C. C. Druce more than justified the expectations which had been formed of the way in which he would discharge the responsible duties of his position. His address was plain and practical, and, if not so expan sive as some of those of his predecessors, this was no drawback and had the advantage of securing more time for the reading and discussion of the papers which followed. It was wisely arranged that, concurrently with the reading of the address, prints of it should be circulated in the room. Each year, by the way, the preparation of the annual address becomes more difficult, since it is not always easy to find new topics for consideration, and to adorn an address, except at the risk of repeating observations previously made, with those remarks which are so essential to the completeness of its composition. Mr. Druce successfully steered the meeting over a few difficulties, and exercised in a quiet, unobtrusive way a degree of firmness and courtesy which he will no doubt find to be of value when the council summon the proposed meeting to consider the report of the Legal Procedure Committee, which is sure to provoke a large amount of interesting and warm discussion. There were not a few plausible observations in the paper on Bankruptcy read by Mr. Bernard Wake. Some of the trenchant principles which he enunciated were not without their effect, and his paper was valuable as promoting a lively and interesting discussion, which will not be without advantage in determining the legislation which must so soon take place in reference to this matter. Prominence was necessarily given by the president in his address to the admitted need for the appointment of a chief judge of equal rank with the judges of the Supreme Court and devoting his whole time to the duties of his office, as a fundamental part of any amendment in the bankruptcy laws. This is a point upon which the profession has more than once expressed a very decided opinion, and it is somewhat gratifying to know that it will be conceded in its integrity in the Bill which it is intended to introduce into Parliament next session. hensions entertained by those who have not closely studied the subject, or are unfamiliar with the origin and the nature of the law relating to the possession of, and power to deal with, landed estates. Mr. Bell is now in his eightieth year, and it is noteworthy to find that so experienced and eminent a member of the profession is glad to give to his brother professionals the result of his years of experience, and to incur the trouble-for it was no little trouble-of preparing the paper to which so many had the pleasure of listening. It was not, however, to be expected that it would pass without provoking hostility in some quarters. A suggestion was made that a copy of Mr. Bell's paper should be sent to each member of the Houses of Parliament. There is no reason why this should not still be done, and perhaps it is a pity that the proposer of this suggestion did not press it to a vote, as from what was afterwards expressed it is probable the proposal would have been adopted. Some difference of opinion was at first manifested as to the advantage of the paper read by Mr. Sawyer on Land Tenure and Division in Brighton and the neighbourhood, but as the information which the paper contained became known it was generally felt that it conveyed to many present knowledge which they would not otherwise have acquired, and which was not without use as indicating the variety of forms in which land tenure and division exist throughout the country. One was glad to see so young a member of the profession as Mr. J. S. Rubenstein reading a paper on Lord Cairns' Act. It was listened to with marked attention, and from some expressions which fell from different members, it is quite evident that the paper imparted to them knowledge which they had not yet obtained from the Act. It produced an interesting discussion with regard to the future remuneration of solicitors, which will, of course, have to be materially altered when the Act in question comes into operation. A very earnest desire was expressed in different quarters that the council should speedily direct their attention to the Solicitors' Remuneration Act, and without loss of time consult together as to the form in which it would be best to give effect to the Act and to prescribe those rules by which solicitors should be guided in the adoption of its provisions. There were many present from outlying districts, who, in matters of this kind, have for the most part no other guide to follow than the directions of the council, who cannot give too close or too speedy a consideration to this really important matter. A fear was expressed lest the members of the council, many of whom have had experience chiefly in the management of large matters, should be inclined to bestow too little attention in considering how provision should be made for the remuneration of those solicitors who have to deal with comparatively small purchases, mortgages, and sales, and whose interest in this respect has not hitherto been too much heeded by the council. It is those transactions, say from £300 up to £1,500 or £2,000, which form the great majority of the matters with which solicitors are constantly called upon to deal, and which very often give as much, if not more trouble, in consequence of the variety of dealings with them, than property of larger value. The meeting was indebted to Mr. Saunders for his excellent paper on Bills of Sale. At first there was a disposition to let Mr. Saunders have everything his own way. As was remarked by Mr. Bramley, of Sheffield, there is sometimes a disposition at these provincial meetings to grasp only one idea, and because an important matter is ably dealt with from one point of view, to ignore what could probably be said on the other side, and hence resolutions are sometime passed with insufficient consideration. This is because the reader of the paper has been able to get up his subject from his point of view, while those who may be disposed to take a contrary view, being ignorant of the line which the reader proposes to take, have consequently not had the opportunity of looking into the subject and formulating their ideas in such a manner as to be able to give satisfactory expression to what they would desire to say. The president wisely called for some resolution on the matter, at the same time pointing out the difficulties which the council had experienced in dealing with it owing to the differences of The paper of Mr. A. Bell was aimed at misconceptions opinion prevailing, not only between town and country at the present time existing with regard to the effect and members, but also between town members themselves and beoperation of settlements. The paper was a most able one, tween provincial members. The meeting was at this time largely and is calculated to remove a great many of the misappre-attended, and those of the resolutions which were carried may be taken as representing the views of the profession generally. Mr. Saunders was, of course, not satisfied with the result, and did not hail with very much satisfaction the practical but logical course which Mr. Wake proposed to take with a view to rendering bills of sale altogether void. The position and prospects of the profession were ably dealt with by Mr. William Ford in his admirable paper. This gentleman was for many years a member of the council, and was president at the time when Mr. Clabon and others were so anxious, with a view, as it was thought, of effecting amalgamation, to introduce a school of law common to both branches of the profession. Mr. Ford naturally could not resist the temptation of referring to the objections which existed, and which still appear to exist, to that proposal, in favour of which very little can be said after the reasons so convincingly and powerfully urged by Mr. Ford. He gave his paper a practical turn, and concluded by a motion which in somewhat altered terms, wisely suggested by Mr. Walters, was ultimately adopted with perfect unanimity. No doubt the council, whose attention to this point has never been relaxed, will take the earliest available opportunity of giving effect to the resolution placing in their hands a power, subject to appeal, to dispense with the preliminary examination, or rather, as was suggested by some, to dispense with certain of the subjects now demanded. In dealing with this matter it should not be forgotten that one reason for introducing the dispensing power was to provide for the cases of those who had been many years in the profession, and who were naturally looking forward to their articles without having to undergo the examination. Besides which the fact that the clerical and medical professions always insist upon an examination of this description is a powerful reason why this dispensing power should not in fature be exercised, save under the most exceptional circumstances. It was also felt that to insist upon the preliminary examination would give some protection against the temptation to which solicitors are liable to be exposed when asked to article clerks, not altogether qualified, but who otherwise threaten to leave, or who, in consideration, consent to receive a small salary or to serve a solicitor on satisfactory terms who has but recently commenced to practice. Cases, it was stated, might be mentioned in which solicitors, either comparatively young or not too successful in the profession, had generously, but unwisely, yielded to the persuasion and pressure which had been employed. Some disappointment was felt that Mr. Keen had not found time to prepare one of those short, tersely-expressed papers which have been expected almost as a matter of course. He took advantage, however, to get a resolution carried respecting the number of unqualified persons who still intrench upon the prerogatives of the solicitor at the expense of the public. In his hands the matter is sure to be effectively and judiciously handled, and next year he will be able to state the result of the council's action with regard thereto. Some slight pressure it seems was put upon Mr. Manning to postpone the reading of his paper on Parliamentary Procedure, as being scarcely in harmony with the business which the meeting was assembled to transact. The subject, however, of Parliamentary Agents was a few years since dealt with by Mr. Clabon, and from the expressions of approval with which certain observations made by Mr. Manning were received, it cannot be doubted that it was, after all, well arranged that his paper should be read. It was intended at its conclusion to interrogate Mr. Keen as to what had been the result of his endeavour to induce the council to take steps with a view to obtain from the profession a parliamentary representative, but the time was short, and the president was right in suggesting that the reading of the papers should be proceeded with. Mr. Keen has not, I am sure, lost sight of the subject, and on the first fitting opportunity will, I hope, direct his attention thereto. It is, of course, a subject which will bear consideration, and can afford to wait. Probably Mr. Manning, in preparing his paper, was influenced by a desire to further the movement. mitted to the meeting, and the members' views taken there on. Mr. G. R. Dodd was both entertaining and instructive in his essay on the "Rights and Claims of Married Women," The paper might, in some respects, have been advantageously abridged, and closer attention confined to the remarks contained in the latter part. A meeting is liable to become impatient if too much time is occupied in tracing the mere antiquated history of a subject at the sacrifice of insufficient attention being given to the more practical part of the paper. Dodd may on another occasion take up some of his sugges tions and argue them to a conclusion, and thus enable his readers to see more clearly what are his conclusions and how far they are practicable. Mr. It was hardly to be expected that the meeting would be allowed to pass without a contribution from Mr. Godfrey. Although he was some time in arriving at the subject which was announced as the title of his paper, yet the president correctly ruled that he was in order in the way in which his subject was dealt with. Mr. Godfrey would prefer that the council should have waited until they could secure the immediate transfer of the solicitor from one branch of the profession to the other, but, as was explained on the part of the council, it was thought that they had not only acted wisely but well in the instalment of justice which they had accepted, and that reasons might be found to satisfy those who thought differently that the period of one year was from many points of view a wise arrangement. The feeling, however, of the meeting was to leave the matter in the hands of the council to mation of the two branches of the profession which it seems do the best they could without bringing about that amalgato be the chief object of Mr. Godfrey to secure. meeting did not have the opportunity of hearing Mr. An expression of regret was in some quarter felt that the Kimber's paper on the " Abolition of Taxation upon Justice." However instructive the paper might have been, it would certainly at least have been amusing, and at meetings of this kind a little judicious hilarity frequently creates a pleasing diversion. True, all the papers which are not read will be printed by the society and circulated in the usual way, but read. of course the papers do lose some of their value when not It was somewhat unfortunate that Mr. Mackrell's paper on "Law Writers and Night Work" was not reached. It deals with an interesting subject, which a man of Mr. Mackrell's experience and judgment would not be willing to take in hand, except he was sure of the need of calling number of evils operating in a variety of ways in consequence attention to it. It would appear that there are a large of the lateness of the hour at which solicitors give out copy. ing and engrossing work, and the unnecessarily early hour at which such work is required to be done. It is easy to perceive that this leads to results which are unsatisfactory to all parties-unsatisfactory to the men who have to do the work, and by no means satisfactory to the stationer or the solicitor for whom the work has to be done. There are, of course, times when, during the pending of a great trial, copies must be made as expeditiously as possible. It cannot be doubted that there is a great want of consideration on the part of solicitors and their clerks in giving out work too late in the day, and by requiring it to be done earlier in the morning than is really needed. I cannot doubt that if this paper had been read, some resolution would have been passed recommending the council to con sider the matter, and to communicate with the profession thereon in such form as might be thought most suitable. The matter, however, will not be allowed to drop. Mr. Mackrell is by no means a man who, having put his hand to doubt, communicate with the council, and furnish them with the plough, will be disposed to look back. He will, no suggestions as to the way in which he considers they can effectively deal with the matter. Indeed, I have just learned that if the opportunity had offered, Mr. Mackrell would have moved the following resolution : "That this meeting, baving been made acquainted with the evils which result to law writers and their families from done at night and on Sundays, and having been informed a very large proportion of law stationers' work having to be that these evils could, to a great extent, be remedied by work being given out by solicitors early in the day, or by its not being required to be sent home until the middle of the next day, earnestly hope that the members of the society will sub-exigencies of business will allow.” establish this as a regulation of their offices so far as the The fusion of the superior and inferior courts is a subject which was fittingly noticed by Mr. F. K. Munton, and although there was no time to discuss any of his various proposals, yet the day is probably not far distant when reform will take place in the direction indicated by him. there had been time, the series of recommendations with which he concluded might conveniently have been If It is much to be desired that the papers by Mr. Hanhart and Mr. William Ford should be speedily circulated, as they will, no doubt, convey some useful information and suggestions which may properly form the subject of consideration prior to the meeting which the council proposes to call on the subject of Legal Procedure. The extent to which I have ventured to trespass upon your space must be the excuse for breaking off so abruptly, and with your permission I will take an early opportunity of troubling you with some further remarks founded upon a close observation of what took place at Brighton, just remarking, in conclusion, that I am sure those who were present will always cherish a most pleasing, agreeable, and instructive recollection of the society's eighth provincial meeting. CASES OF THE WEEK. PRACTICE INJUNCTION-EX PARTE MOTION BY DEFEndANT-RULES OF COURT, 1875, ORD. 52, R. 4.-A point of practice of some importance came before Cave, J., sitting in the Rolls Court as Vacation Judge, on the 19th inst., in a case of Ind v. Kayler, as to the right of a defendant to apply ex parte for an injunction against a plaintiff. The question arose upon a motion on behalf of the plaintiff in an action in the Chancery Division, a young officer in the army, for an injunction to restrain the defendant in the action, who was a money lender, from negotiating or otherwise dealing with certain bills given by the plaintiff to the defendant for money lent. The plaintiff having made default in meeting the bills, which had been renewed from time to time by the defendant on exorbitaut terms, the defendant brought an action in the Queen's Bench Division to recover upon them, the writ being specially indorsed under Rules of Court, 1875, ord. 3, r. 6. The defendant also took out an ordinary debtor's summons in the Court of Bankruptcy against the plaintiff. The plaintiff, Ind, thereupon instituted an action in the Chancery Division against the defendant, Kayler, claiming a declaration that the bills should stand only for the money actually advanced, with interest at the rate of five per cent. per annum, deducting the sums paid for renewal, in accordance with the decision in Nevill v. Snelling (L. R. 15 Ch. D. 679), and then moved in that action for an injanction as above mentioned. CAVE, J., at first thought it was unnecessary to have brought a separate action for the purpose in the Chancery Division, and that the plaintiff, as defendant in the Queen's Bench action, might obtain the injunction in that action, and suggested that an application should be made for that purpose. Upon the application then being made in that action, his lordship granted the injunction till further order. Subsequently, however, his attention having been called to the Rules of Court, 1875, ord. 52, r. 4, which provides that a plaintiff may move for an injunction either ex parte or on notice, but that a defendant may move on notice only, his lordship held that he could not make the order ex parte in the Queen's Bench action, and therefore made it in the chancery action.-SOLICITORS, Haynes & Clifton. COMPANY-TWO WINDING-UP PETITIONS-CARRIAGe of ORDER.-In In re The Universities Co-operative Association (Limited), also before Cave, J., sitting as Vacation Judge, two petitions had been presented for the winding up of the company; one by Rowden, a debenture holder and depositor, whose petition had been presented before, but served on the company after, that presented by the other petitioners, Spottiswoode & Co., the printers and creditors of the company. Both petitions had, however, been advertised in the London Gazette on the same day, Rowden's petition standing first, but the latter petition had not been advertised in a daily newspaper seven clear days before the hearing as required by the rules under the Companies Act, 1862. The counsel for Spottiswoode's petition submitted that they were entitled to an order on their petition; or if an order were made on both petitions, that they should have the carriage of it. The counsel for Rowden's petition, on the other hand, contended that an order should be made on both petitions, and the carriage of it given to their client. Rowden's petition was supported by a large body of shareholders, debenture holders, and depositors. CAVE., J., made the usual compulsory order on both petitions, and gave the carriage of it to Rowden.-SOLICITORS, Nash & Field; Blagden; S. B. Turner; F. W. Reynolds. INJUNCTION-FORM OF TRADE-MARK-INFRINGEMENT ORDER.-In Caruncho v. Stephenson, also before Cave, J., sitting as Vacation Judge, on the 19th inst., the plaintiffs Intimidad" cigars. The defendant having sold cigars of were manufacturers and importers of cigars known as "La granted, on the motion of the plaintiffs, restraining "the an inferior quality under the same name, an injunction was defendant, his servants, workmen, agents, travellers, and representatives respectively, from selling, or causing or allowing to be sold, and from in any manner representing, or causing or procuring to be represented, any cigars manufac tured, sold, or dealt in by the defendant as 'La Intimidad" cigars, or as the cigars manufactured, imported, or sold by the plaintiffs, or either of them; and also from affixing, or procuring or causing or allowing to be fixed, to any boxes of cigars manufactured or bought, or procured, or sold, or attempted to be sold, by the defendant, or otherwise using or employing, or permitting to be sold or employed, any labels, wrappers, brands, or marks used by the plaintiffs or either of them, or so contrived or prepared as to represent or lead to the belief that the cigars manufactured or sold by the defendant were the cigars manufactured or sold by the plaintiffs, or either of them, and from using the words' La Intimidad' on any cigars, or boxes or wrappers containing cigars, so as to induce the belief that such cigars are manufactured or imported by the plaintiffs or either of them, pending the trial of this action."-SOLICITORS, Lumley & Lumley. LESSOR AND LESSEE-FORCIBLE ENTRY-ILLEGAL PosSESSION-5 RIC. 2, c. 28.-In the case of Hodges v. Laing, before Cave, J., sitting in the Rolls Court as Vacation Judge, on the 14th inst., the plaintiff moved for an injunction to restrain the defendant from pulling down premises in the plaintiff's occupation. It appeared that the plaintiff had been tenant of premises in King William-street, under & lease granted by the Charing Cross Hospital, and which lease expired on the 29th September, last. The plaintiff had, after the expiration of the lease, continued in possession, and, alleging that the hospital was under an agreement with bim to renew his lease, had commenced an action against the hospital with respect to the agreement in question. The defendant in the present action was a builder, who, acting under the instructions of a gentleman to whom the hospital had granted a lease of the premises in King William-street, had forcibly entered those premises, and, against the plaintiff's will, pulled down portions, and proceeded to make certains alterations desired by the new lessee. Counsel on behalf of the plaintiff contended that, he was entitled to an injunction on the ground that, whether or not the possession of the plaintiff was legal, yet the forcible entry of the defendant was illegal, and against the statute 5 Ric. 2, c. 28,. which requires entry not to be made with a strong hand, but legally. The decision of Fry, J., was cited in Beddall v. Maitland (L. R. 17 Ch. D. 174), and the very recent decision of the same learned judge in Edwick v. Hawkes. CAVE, J., said in deciding the question before him he did not on the one hand wish it to go forth that he was upholding a forcible entry, but he did not on the other hand wish it to be thought that he was deciding that the plaintiff was legally in possession. His lordship, under the circumstances, considered the proper course would be to make no order, but the defendant must give an undertaking not to commit a forcible entry.— SOLICITORS, Rose Innes & Son; Dubois & Reid. INJUNCTION-PRIVATE CORRESPONDENCE-LIBEL. In the case of Evans v. Digby, also before Cave, J., on the 14th inst., the plaintiff moved for an injunction to restrain the defendant from publishing letters written by the plaintiff to the defendant. It appeared that the defendant had published a single letter written by the plaintiff to the defendant. The letter thus published was handed to Cave, J., for perueal. CAVE, J., after perusing the letter, said it was an atrocious libel and that the writer. could not be granted the protection sought for. His lordship was not prepared to recognize any property in such a document, and the motion must be dismissed with costs. -SOLICITORS, Peacock & Goddard; A. Jones. LAW STUDENTS' JOURNAL. BIRMINGHAM LAW STUDENTS' SOCIETY. The second meeting of the autumn session of this society was held in the Law Library, Bennett's-hill, Birmingham, on Tuesday, the 27th ult. The chair was taken by Edwin Parry, Esq., registrar of the Birmingham County Court. The minutes of the previous meeting having been read and confirmed, a debate took place on moot point No. 652: "A. dies leaving a legacy to B. of £2,000 charged on his (A.'s) real and personal property payable on the death of his widow C. The property, consisting of realty to the value of £1,000 and personalty to the value of £9,000, is not to be sold under the terms of A.'s will until C.'s death. B. dies before C., having bequeathed his legacy to a charity. Would the charity derive any benefit under B.'s will ?" Mr. Barrows opened the discussion on the affirmative side, and was supported by Messrs. T. C. J. Brown, E. C. Rogers, and W. S. Rogers. Mr. Ludlow led on the negative side, and was supported by Messrs. Robinson, Whitehouse, and G. Huggins. After the opening speakers on either side had replied, the chairman summed up, and on the question being put to the meeting, it was decided in the negative by a majority of one. A vote of thanks to the chairman concluded the meeting. The 693rd ordinary meeting of the Birmingham Law Students' Society was held in the Law Library, Bennett'shill, Birmingham, on Tuesday, the 11th inst., A. J. O'Connor, Esq., in the chair. There was a good attendance, twenty-nine members of the society being present. The moot point for discussion was as follows:-"A. is a passenger in a coach; the coach is run into and overturned by another vehicle, and A. sustains injury. Can A. recover damages for his injury from the owners of the other vehicle, notwithstanding that there was contributory negligence on the part of the driver of the coach in which A. was? The speakers on the affirmative side were Messrs. Smith, Lawden, Ryland, Stevens, Barrows, Restall, and Cochrane; and on the negative side Messrs. Corbett, G. Huggins, Coley, Clark, and E. C. Rogers. The discussion was sustained with spirit, and the opening speakers on either side having replied, the chairman summed up and put the question to the meeting. The votes were equal, upon which the chairman gave his casting vote in favour of the negative. A vote of thanks to the chairman concluded the meeting. LEGAL APPOINTMENTS. Mr. JOSEPH BRADBURY, solicitor, of Oldham, Saddleworth, and Ashton-under-Lyne, has been appointed Clerk to the Saddleworth Board of Guardians, Assessment Committee, Rural Sanitary Authority, and School Attendance Committee. Mr. Bradbury was admitted a solicitor in 1877. Mr. CHARLES MAKINSON, solicitor (of the firm of Makinson & Fuller), of Manchester, has been elected an Alderman for the Borough of Salford. Mr. Makinson was admitted solicitor in 1857. Mr. JOHN HARRIS SQUARE, solicitor, of Kingsbridge, has been appointed Clerk to the Kingsbridge Board of Guardians, Assessment Committee, and Rural Sanitary Authority. Mr. Square is the son of Mr. John Henry Square, registrar of the Kingsbridge County Court. He was admitted a solicitor in 1874, and is in partnership with his father. Mr. RICHARD PENDER TYACKE, solicitor, of St. Ives and Hayle, has been elected Town Clerk of the Borough of St. Ives, in succession to Mr. Thomas Brooking Williams, resigned. Mr. Tyacke was admitted a solicitor in 1873. Mr. PORTER WILSON, solicitor, of Louth and Alford, has been appointed Registrar of the Louth County Court (Circuit No. 17), in succession to Mr. Charles Michael Waite, resigned. Mr. Wilson was admitted a solicitor in 1864. He is in partnership with his father, Mr. James Willian Wilson, who is clerk to the county magistrates at Louth. Mr. MONIER F. MONIER-WILLIAMS (of the firm of Bed ford & Monier-Williams), has been appointed a Commissioner for Oaths in the High Court of Madras, and to take Acknowledgments of Married Women in respect of Property in India. Mr. Monier-Williams is a son of Professor MonierWilliams, C.I.E., the Boden Professor of Sanscrit in the University of Oxford. DISSOLUTION OF PARTNERSHIP. THOMAS ETHEridge Harper, ERNEST BROAD, and JOHN BATTCOCK, solicitors. 23, Rood-lane, London. October 12. So far as regards the said Ernest Broad. The business will in future be carried on by the said Thomas Etheridge Harper and John Battcock, at the above address. [Gazette, Oct. 14, 1881.] COMPANIES. WINDING-UP NOTICES. JOINT STOCK COMPANIES. LIMITED IN CHANCERY. ALFRETON AERATED WATER COMPANY, LIMITED.-Kay, J, has, by an order dated Aug 23, appointed William Watson, Alfreton, to be official liquidator BOROUGH LOAN AND DISCOUNT COMPANY, LIMITED.-Petition for winding up, presented Oct 14, directed to be heard before Cave, J, on Oct 26. Pitman and Son, Queen Victoria st, agents for Ashmall, Hanley, solicitor for the petitioners LIBERIA COFFEE COMPANY, LIMITED.-Cave, J, has, by an order dated Aug 24, appointed William Lewis Clifton Browne, Queen st to be official liquidator NORTHERN COUNTIES BANK, LIMITED.-By an order made by Care, J, dated Sept 28, it was ordered that the voluntary winding up t the above bank be continued. Nash and Field, Queen st, agents for Pybus, Newcastle-upon-Tyne, solicitor for the petitioner SOUTHEND MARINE PALACE COMPANY, LIMITED.-Petition for winding up, presented Oct 5, directed to be heard before Fry, J, on Nov 4. Hollingsworth and Co, East India avenue, solicitors for the petitioners ST. JOHN'S-STREET (BRADFORD) THEATRE AND CONCERT HALL COMPANY, LIMITED.-Kay, J, has, by an order dated Oct 6, 27pointed William Martello Gray, Kirkgate, Bradford, to be official liquidator ST. VINCENT'S ROCKS HOTEL COMPANY, LIMITED.-Petition for winding up, presented Oct 19, directed to be heard before Fry, J, on Nov 4. Clarke and Co, Lincoln's inn fields, solicitors for the petitioner [Gazette, Oct. 14.] GRAND DUCHESS SILVER LEAD AND BARYTES MINING COMPAST, LIMITED.-Petition for winding up, presented July 28, directed to be heard before Hall, V C, on Nov 4. Jones and Co, Lineon's inn fields, agents for Hughes and Son, Aberystwith, solicitors fur the petitioner SUTTON PARK CRYSTAL PALACE COMPANY, LIMITED.-Kar, J, has, by an order dated Sept 27, appointed Edward Harold Carter, Waterloo st, Birmingham, to be official liquidator WETLEY BRICK AND POTTERY COMPANY, LIMITED.-Petition fær winding up, presented Oct 12, directed to be heard before Hal V C, on Nov 4. Russel, Coleman st, solicitor for the petitioners [Gazette, Oct. 18.] FRIENDLY SOCIETIES DISSOLVED. IRON DRESSERS' UNITED SICK AND BURIAL SOCIETY, Star Hotel, Gt Ancoates st, Manchester. Oct 11 UNION LIBERAL SOCIETY, Providence Schoolroom, Brierfield, Burnley, Lancaster. Oct 10 WOOTTON BRITONS' FRIENDLY SOCIETY, Red Lion Inn, Wootton, Northampton. Oct 12 [Gazette, Oct. 14.] OLD MEADOWS COLLIERY ACCIDENT AND BURIAL SOCIETY, Buck Inn, Bacup. Oct 13 SOUTHERN STAR UNION DAUGHTERS OF TEMPERANCE SOCIETY, Brougham rd, Southsea, Hants. Oct 15 UNION BROTHERS SOCIETY, Lion Inn, Lamarsh, Essex. Oct 14 [Gazette, Oct Is.] SUSPENDED FOR THREE MONTHS FROM OCT. 11. COURT PARADISE REGAINED, 176, A.O.F. SOCIETY, Odd Fellows" Hall, Upper Green, Keighley, York GLANMOR FRIENDLY SOCIETY, Royal Exchange Inn, Llanelly Flats, Carmarthen GOMER LODGE OF TRUE IVORITES FRIENDLY SOCIETY, Swan Inn, Beaufort Ironworks, Llangattock, Brecknock PRINCE OF WALES BENEFIT SOCIETY, Red Lion Inn, Aberavon, Glamorgan TALIESIN-AB-JOLO LODGE OF TRUE IVORITES FRIENDLY SOCIETY, Swan Inn, Beaufort Ironworks, Llangattock, Brecknock [Gazette, Oct. 18.] |