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Lyons, still the court would have no jurisdiction. He must, adjourned it for the consideration of the Chief Jadge.] Ex therefore, dismiss the application, with costs.
parte Thorne had not the slightest analogy in prinoiple to Solicitors for the trustee, Crump & Son.
this case. The roles were direotory merely. Solicitors for the Credit Lyonnais, Michael Abrahams de Co. Mr. REGISTRAR MURRAY said the fact was not brought
to his notice that the papers had been filed, for if it had (Before Mr. REGISTRAR MURRAY, acting as Chief Judge.)
he would not bave made the order. He acquitted Mr.
Tilley of stating in his affidavit what was not the fact, but Nov. 24.-Re Lloyd.
he omitted to state a circumstance which was material. Order obtained ex parte, giving a proxy leave to sign resolutions Looking at the case of Ec parte Thorne, by which he was
for composition proposed at second meeting of creditors, re bound, he must refase the application, notwithstanding the scinded.
argament that in this particolar case there were special This was an application on behalf of one of the creditors circumstances which distinguished it from Ex parte Thorne, nnder a petition for liquidation presented by the debtor for There the attention of the Lorde Jastices was distinctly an order to rescind or set aside the order made on the 3rd | brought to the 275th rule, and their lordships said the regisof November by Mr. Registrar Murray, acting as Chief trar had no power to allow siggatures to be added after Jadge, giving Mr. Samuel Tilloy leave to sign the resolutions the resolutions were filed. That was the effect of the purporting to have been come to at the second meeting of judgment, and sitting here as Chief Judge he was bound creditors held on the 29th of October, as proxy for R. A. by it. The order must be rescinded, with costs. Yerbury, one of the creditors.
Solicitors for the applicant, Miller & Miller. It appeared that Mr. Yerbury, & creditor for £155, attended Solicitors for the respondent, Tilley & Soames. the first meeting by his proxy, Mr. Tilley, and voted in favour of the resolutions which were then pat to the meeting for payment of a composition of 39. 6d. in the pound in satis. (Before Mr. REGISTRAR HAZLITT, acting as Chief Jadge.) faction of the debts. He received notice of the second
Nov. 26.-Ex parte Nash and Lienard, Re the Earl of meeting, which his son attended with a view to ascertain the
Perth. result, and to koow if the resolutions agreed to at the first meeting were confirmed at the second, but he gave his son
The court will not adjudicate a debtor bankrupt under the 11th no authority to vote, por did his son hold any proxy for that
clause of section 126 of the Bankruptoy Act, 1869, upon the purpose. Ur. Yerbury had already given a proxy to Mr.
application of one only of his creditors, where a probability Tilley, and it was his desire that Mr. Tilley should vote for
exists of a portion of the composition being recovered from
a suraty. him in favour of the confirmation of the resolutions. Mr. Tilley, the proxy, in his affidavit, stated that he at
This was an application by Messrs. Nash & Lionard, a tended the second meeting under the petition, and, hearing
1. and hearing | firm of wine merchants, for an adjudication of bankruptoy that a Mr. Yerbury was present, he was under the impression
| against the Earl of Perth and Melfort under the ilth that it was the creditor, R. A. Yerbury, and not the son, and
clause of section 126 of the Bankraptoy Act, 1869. he did not, therefore, exercise his power of voting as proxy,
1 The Earl of Perth filed a petition for liquidation under being onder the impression that the creditor, being present. | seotions 125 and 126 of the Bankruptoy Aot, 1869. would sign for himself. He had since ascertained that the | in May, 1877, and at the first meeting, held on the 4th of son only was present ; that he had no proxy on behalf of his June, resolutions were passed to the following effect : father, and that it was the father's wish that the deponent
To accept a composition of 5s. in the £1, payable by twenty should act for him as before, and do all things that were
instalments of threepenoe each every six months, the Decessary for the purpose of confirming the resolutions which whole to be paid within the period of ten years. That were passed at the first meeting of creditors. Mr. Tilley the covenant of the Countess of Perth, wife of the debtor, added that, had he known the real facts, he would have signed should be accepted as security for the payment of the sum the resolution on behalf of R. A. Yerbury,
of £250 every six months to trustees antil they should The resolutions were brought into the office and filed on have received sufficient to pay the composition. In oon. the 2nd of November, but a doubt having arisen whether a sideration of the creditors passing the resolutions, the earl numerical majority of creditors had been obtained to the agreed to enter into a covenant with the trustees that in resolutions without the signature of R. A. Yerbury or his the event of his sacoeeding upon an appeal to the House of proxy, an application was made ex parte on the 3rd of Lords, and obtaining the estates claimed by him or any November to Mr. Registrar Murray for leave to sign nunc part thereof, to pay to shoh trustees within six months pro tunc, on the ground of inadvertence on the part of the such a sum as would be sufficient to pay the oreditors the proxy, and he granted the application. On the 4th of full amount of their debts, and interest. By the terms of November a petition for adjudication of bankruptcy was the resolutions trustees were appointed to receive and disa presented against Lloyd, and the present application fol- | tribute the composition, and, at a meeting held on the lowed.
18th of Jane, 1877, the resolations were confirmed by the Miner (solicitor), in support of the application.—The order creditors, and on the 25th of Jane they were duly giving the proxy leave to sign was made ex parte and could registered, not be supported. Notice of the application should have The applicants were creditors of the debtor at the date of been given to the dissenting creditors: Ex parte Vendrell (25 the liquidation petition for the sum of £67 2s. 9d., and they SOLICITORS' JOURNAL, 31). Mr. REGISTRAR MURRAY.-It alleged that neither of the instalments of the composition is quite clear the fact was not brought to my notice that the had been paid to them or to the trustees by the debtor or papers had been filed at the office. There is no doubt about the countess. The liabilities at the time of the presentation the right to sign, if it be done before the papers are bronght of the petition were about £13; no assets. in.] Es parte Thorne, Re Butlin (21 W. R. 763, L. R. 8 Sidney Woolf, in support of the application.-The come Ch. 722), was a conclusive authority against the appli- position in this case could not proceed without injustice or cation. Role 275 showed that the signatures might be sub undue delay to the creditors, and the applicants were scribed subsequently to the meeting, but prior to the filing entitled to an adjudication : Éx parte Charlton (26 W. R. or registration of the resolution. The creditor was a person 468, L. R. 6 Ch. D. 45) ; and the power to adjudicate aggrieved by the order, and he asked that it should be re might be exercised more than six months after the filing of scinded. Mr. Registrar Brougham had very recently fol the petition for liquidation. lowed the decision in Ex parte Thorne, and had refused to C. H. Turner, for the respondent. —This was not a case in allow a signature to be added to resolutions after they were which the court would proceed to an immediate adjudication. filed: Ex parte Stewart, Re Hargrave (25 SOLICITORS' There was no evidence that the debtor's property required JOURNAL, 51).
protection, and the applicants did not show that they had H. Reed, for the respondent.—The omission to sign pressed the trustees to proceed against the debtor or his wife arose through a mistake of fact, the proxy having attended under their covenants. The court had a discretion in these each of the meetings. In Ex parte Thorne the creditors cases, and the applicants, who were creditors for a small changed their minds, and the decision in that case did not amount only, had no absolute right to an adjudication. He apply. The Chief Judge had allowed the signatures of | referred to rules 266 and 267. i creditors to be added after the resolutions were brought in: Theodore Lumley (solicitor), for the trustees.-Ex parte Re Wehner (20 W. R. 199). [Mr. REGISTRAR MURRAY. - | Charlton did not apply. The trustees had reason to believe That case occurred in 1872, before Ex parte Thorne, and I that they would obtain a decree in the Chancery Division
against the separate estate of the countess. The applicants Supreme Court of Judicatore ; and from this strictly logical had not communicated with the trustees in reference to the point of view, the retention of the offices of Lord Chief adoption of proceedings under the covenants, and, if they Justice o England and of the Master of the Rolls could no were aggrieved by any act of theirs, they had their remedy. more be justified than the retention of the offices now ia The Act did not apply in a case where one creditor stood in question. I entertain, however, a strong conviction that an isolated position from the others.
the abolition of any of these great offices would be attended Woolf, in reply. The position of the surety was upaffected with injurious consequences to the judicial bench and to by the bankruptcy of the debtor; the surety remained liable : the public service. Many delicate and invisible springs Éx parte Gilbey, Re Bedell (26 W. R. 768, L. R. 8 Ch. D. would be touched, and I believe that the quality and tone, 248); Glegg v. Gilbey (25 W. R. 42, L. R. 2 Q. B. D. 209). especially of the beach of first instance, would suffer He also cited Ex parte Waterer (22 W. R. 426).
seriously from the absence of these high judicial officers, Mr. REGISTRAR HAZLITT said the clause upon which the and from other indirect but inevitable consequences of with. application rested provided that if it appeared to the court drawing them from that bench. The office of judge is less on satisfactory evidence that a composition could not, in con attractive than it was thirty years ago; the daties and labour sequence of legal difficulties, or for any sufficient cause, are more continuous and incessant; they are heavier and proceed without injustice or undue delay to the creditors, or more difficult; the expenses are greater, and the salary, re. to the debtor, the court might adjudge the debtor a bankrupt. latively to the value of money, much less. On the other hand, The words were, “to the creditors," but here the only appli- the receipts of prosperous men in all kinds of business have cants were a firm whose debt was £67 odd. As no other greatly increased and are increasing; and I doubt the creditor concurred, he did not think, as a matter of discretion wisdom in these days, when wealth is increasing and uni- there still appearing to be a possibility of recovering some- versal education is spreading, of making the judicial bench thing under the covenant of the countess—that he would do of first instance less an object of ambition to the rising generaright if he adjudicated the debtor a bankrupt. The applica- tion than it has been in the past. I think, even further, tion would be dismissed, but without costs.
that the High Court of Appeal and the appellate tribunal in Solicitors for the applicants, Lindo & Co.
the House of Lords would also gradually suffer and deterioSolicitor for the respondent, W. A. Smith.
rate from certain indirect but inevitable consequences which Solicitors for the trustees, Lumley & Lumley.
can be foreseen, but which need not be particularized.
"I am not able, therefore, to concur in the recommendations for the abolition of the offices in question.
“ WATKIN WILLIAMS.” THE COUNCIL OF JUDGES. MR. JUSTICE WATKIN WILLIAMS communicated the following memorandum to the Council of the Judges :
LAW ASSOCIATION. divisions of the High Court of Justice should be reduced in
At the usual monthly meeting of the directors, held at number from tbree divisions to one. I think that such a l the hall of the Incorporated Law Society, Chancery-lane, recommendation should be made, and I desire to add
on Thursday, December 2, the following being present, shortly my reasons, wbiob, it will be seen, reach beyond
viz., Mr. Desborongb, chairman; and Messrs. Boodle, the proposition immediately before the council.
Burges, Clabon, Drew, Desborough, jan., Hedger, Parkin, "The fixed and formal barriers by which the Sapreme
Scadding, Sawtell, and Smith, and A. B. Carpenter (sec. Court of Judicature is at present separated-first, into two
retary), grants of £10 were made to two non-members great divisions, and, secondly, into further sub-divisions of
and the ordinary general business was transacted. the High Court of Justice-might all be removed with great practical advantage. Their removal would be attended with vast'economy of judicial strength and a general elevation LEEDS INCORPORATED LAW SOCIETY. of the judicial bench. The confusion and inconvenience apprehended by some might be easily avoided by a careful
The annual general meeting of this society was held on division, classification, and distribution of the multifarious
the 19th ult., at the Law Institute, Albion-place, Leeds, business over which the court would have jurisdiction. The
There were present Mr. T. Marshall, president, in the Supreme Court of Judicature is now formally separated
obair ; Messrs. J. Latimer, 0. Eddison, G. H. Nelson, into two divisions-namely, the Court of Appeal and the
J. Rider, J. C. Malcolm, W. Clarke, A. L. Booth, F. H. Barr, High Court of Justice. The Court of Appeal, although not
J. S. Newstead, J. D. Kay, J. Scott, B. R. Barrell, W. B. formally separated into divisions, sits in several divisions,
| Craven, E. Wilson, and G. W. Morrison. the individual Lords Justices being interohangeable. The
The report having been taken as read, it was proposed High Court of Justice is formally separated into five divi. |
by the PRESIDENT, seconded by Mr. BARR, and resolved :sions, and one of these, the Chancery Division, divides itself
"That the report of the committee and the treasurer's practically into five distinct sub-divisions, each, for the sake
account, now presented, be received and adopted." of convenience, being distinguished by the name of the pre
Considerable discussion took place upon the suggestions siding judge. There would appear, therefore, to be no in
for the negotiation of sales and loans, and establishing a superable practical difficulty in distributing the whole body legal exchange, contained in the report. Mr. E. WILSON of judges of a single Supreme Court over as many courts,
referred to a report drawn up by Mr. F. EDDISON and having cognizance of as many distinct varieties of himself bearing upon this subject. business, classified and divided as convenience might
It was moved by Mr. J. D. Kay, seconded by Mr. J. S. soggest, without any formal divisions of the court. My NEWSTEAD, and resolved :-" That books, as recommended view is that the business, not the court, should be divided and
in the report, be kept for the entry of sales, mortgages, olassified according to natural divisions, and appropriately
| and like transactions.” distributed among the judges of the Supreme Court-as
It was also moved by Mr. G. H. NELSON, seconded by for example, high appellate business to the Lords Justices
Mr. A. L. BOOTH, and resolved:-"That members of the of Appeal ; Revenue business to certain of the judges Leeds Law Society, who can conveniently do so, attend annually fixed ; election business the same ; inferior appel. the Law Institution on Thursday in each week, from ove late business in like manner; circuit business to all the to balf-past one o'clock.” judges of the Supreme Court; Crown cases reserved to a court
Messrs. J. W. Middleton, J. Rider, R. H. Braithwaite, of judges annually selected, and so on.
and W. B. Craven were elected members of the committee & The second question relates to the abolition of the offices Mr. T. Marshall was re-elected hon. Secretary for the of the Chief Justice of Common Pleas and Chief Baron of the ensuing year. Mr. J. D. Kay was re-elected hon. treasurer Exchequer. Here, agaid, my reasons extend beyond the for the ensuing year. Messrs. Artbur Copeon Peake, Richard immediate question. 'I believe that, in treating the question Burrough Hopkins, James Beaumont, and Harry Alexander logically, and excluding remote and indirect consequences, Cbild were elected members of the society, it would be difficult to assign any sufficient reasoa for the A vote of thanks to the chairman conoluded the retention of more than one chief over the judges of the business of the meeting.
The following are extracts from the report :
various particulars the law of property (“Tbe Conveyancing Law Institution.—The committee have to report the and Law of Property Act, 1880 ?); and for making better continued success of the law institution, and to thank provision respecting the remuneration of solicitors in conthose members who bave by use of the room contributed to | veyancing and other non-contentious business (“ The Solicithat success. They hope that all the members will further tors Remuneration Act, 1880 "); were brought into the first extend the usefulness of the society by the use of the rooms session of Parliament by the late Lord Chancellor. The on every practicable opportunity. Notwithstanding these last of these Bills empowered a committee of judges to gratifying results, the committee cannot but think that the make general orders for the remuneration of solicitors in law institation might be made still more useful to the conveyancing and other non-contentious business, either by profession than at present if members having money to lend rates of commission, or percentage, or by a gross sum, or by or securities to offer could be induced to leave particulars of a fixed sum for each document prepared or perused, without their money or securities at the Institution. It is possible regard to length, or in any other mode, or partly in one that some members might dislike the publicity which would mode and partly in another or others, and with power to follow from these particulars being placed in the sale room, regulate the remuneration with reference to various con. or in other rooms accessible to persons who are not members; siderations specified in the Bill. The Bill went on to but to meet this difficulty it is suggested that two books provide that where general orders prescribed or allowed
provide that where general. ord should be kept and placed in the library or office, one remuneration by way of commission or percentage, a solicitor containing particulars of money to be lent or property for
should not be entitled to recover under any agreement a sale, and the other of securities offered. These books would greater amount than the scale provided. This seemed so be open to the inspection of members, but of no other per obviously impolitic and unfair that steps were taken by sons; and the committee think tbat by this means sales
the chief law society, with the assistance of your own and and loans might often be conveniently negotiated. The other country so ieties, to have the clause struck out, and practicability of utilizing the law institution as a place of this was eventually done. The Bill in question, although common meeting for the members, at certain fixed times, defective in various respects, and especially in excludhas frequently occupied the attention of the committee. ing the Incorporated Law Society from the body apThey think that the time has now arrived when the experi. pointed to frame rules, yet marks an important stage in ment might at least be tried. As its success will depend on the effort to substitute scales of commission for bills of the amount of support given to it by the members generally, costs. the committee prefer to leave the matter in their bands, with Additional Civil Assize at Leeds.—The secretary of the a general recommendation in favour of fixing certain times Leeds Chamber of Commerce has requested the co-operation during which members might meet at the society's rooms for of your society in an intended application for an additional transacting business.
civil assize at Leeds. The committee have informed the District Probate Registrars.-It having been matter of chamber that they will be glad to co-operate with the Chamcomplaint that in some cases district registrars of the Court ber of Commerce for the intended purpose. of Probate acted professionally in probate business in their own registries, the subject was investigated by a committee of the Council of the Incorporated Law Society. From the THE IRISH INCORPORATED LAW SOCIETY. report made by that committee, and from information fur. nished by the Association of District Registrars, by way of ob.
The annual meeting of the Incorporated Law Society of
Tra ervations upon that report, it appeared to your committee that
Ireland was held on the 26th ult., in the Solicitors' Hall, as a matter of fact some district registrars were in the habit
Four Courts. Mr. Henry Augastas Dillon, president, ocouof transacting business of a professional nature in their own
pied the chair. Tbe report was taken as read. registries, and of charging for such business.
The CHAIRMAN said the report enabled the profession
The rules of the Court of Probate prohibit district registrars of that court
to see that the outgoing council bad not been idle daring from directly or indirectly transacting business for them.
the past year with regard to a matter of primary im. selves or for any other persons, in the registries to which
portance the schedule of fees. He thought they had they are appointed. In many probate registries the regis.
reasonable ground for expresning regret that the judges trar receives from the solicitors by post papers leading to
had not as yet been able to dispose of the memorial sent grant, and by settling and advising on those papers assists
forward in January, 1879. No doubt, there had been in the solicitors. This work is charged for, and the amount re
the interval muoh political excitement. There was a ceived is retained by the registrars for their own use. The
change of Government and a change in the highest legal fact that the probate registrar acts, not as the solicitor,
funotionary in the country; but the council, as well as the bat as the agent for the solicitor directly concerned, did not
previous one, bad given an enormous amount of time and appear to your committee to make the practice legs an in
trouble to the question, and he hoped the judges would fringement of the Rules of Court, and they accordingly, on the
Boon see their way to finally dispose of the suggestions of 18th of February, passed the following resolution :-“That
the society as to the amendments of the fees, which
the society, as, in the opinion of this society, it is improper that district
| justice required. He hoped the incoming council would probate registrars who are not solicitors should act at all in not logo sight of the matter until it was dealt with one way probate business, and equally improper that such registrars
or the other. He expressed the same hope as to the matter as are solicitors should actes the agents for other solicitors,
of fees in interlocutory motione. At present, tbis anomalous or should practise in probate cases in their own districts." state of things existed that the costs awarded to the There being some difference of opinion as to the propriety parties who succeeded did not sometimes amount to the of this practice on the part of several law societies, and the
costs out of pocket. Another question which he hoped to matter appearing to your committee to involve a somewhat see brought by the new council to a successful issue was important question of principle, on the 17th of June your the appointment of Solicitor to the Ioland Revenue. The committee passed, in confirmation of the resolution society made no personal complaint against the member of of the 18th of February, the following resolution : the bar recently appointed to that office. He was a gentle** Trat, in the opinion of this society, it is not in accord. man of high respectability, but they did complain, and ance with the intention of the rules of the Court of Pro. strongly, that any other but a solicitor should be selected bate that district registrars of the Court of Probate should for the post. The bar had a great number of lucrative act as agents of other solicitors in their own registries ; it appointments open to them, the solicitors very few; and would, however, be a convenience to the public if district they would never cease their exertions until they so altered probate registrars were required, as part of their official | the law as to enable the original intention to be carried out duty, to receive papers leading to grant, and to forward -Damely, that the office in question should be held by a
| solicitor, and a solicitor only. He repeated, the bar had a This resolution, with a statement of the reasons on which great many good officos legitimately open to them, and he it was based, was sent to the Incorporated Law Society certainly felt that they ooght to be satisfied without and to the members of the Associated Provincial Law So seeking to take from the solicitors one of the very cieties.
important appointments now left to their profession. The Land Bills.--An important series of Bills for facili Last session a considerable crop of bills more or less affecttating sales, leases, and other dispositions of settled land ing the profession was introduced into Parliament, but all ("The Settled Land Act, 1880'') ; for simplifying and im. fell through owing to the enormous pressure of publio busiproving the practice of conveyancing, and for amending in ness of great importance. Several of these bills were to
be re-introduced in the coming session, and he was sure the Davison, George
Linton, Robert incoming council would in dealing with them watoh care Draper, W. H. M.
Lloyd, G. W. fally over the interests of the profession. He begged to Eccles, J. C.
MacColla, C. J. move the adoption of the report.
Elliott, F. P.
Mallam, E. C. Mr. ROBERT K. CLAY (Messrs. Casey & Clay), said he Ellis, C. M. J.
Maylett, William had great pleasure in seoonding the motion, and bearing Emerson, C. A.
Mole, C. testimony to the earnest and zealous labours of the English, A.
Monnington, Alfred, B.A. counoil during the past year. He hoped that no effort | Eyles, George
Morris, A. W. would be spared by the new council to effect a change in Fellows, H. S. L.
Nowall, G. W. the law with regard to the appointment of Solicitor to the Fielder, A.
Newman, Thomas Inland Revenge. The matter was a diffioult one, but he !
Nicholson, A. W. was sure they would receive the cordial and efficient aid Flegg, W.O.
O’Beirne, R. L. in Parliament of Mr. Findlater, whose exertions for the Gabb, J.
Owen, John interests of the profession in the matter of the Local George, H. T.
Paine, W. R. Bankruptcy Bill deserved their warmest thanks. With Gilling, A. W.
Psake, R. respect to the schedule of fees, he thought the bar ought Grant, C. P., B.A.
Pedder, John to give help to the solicitors in the matter.
Grant, J. H.
Penny, J. J., B.A. The report was then adopted.
Gray, R. W.
Pierce, J. H. The SECRETARY brought up the report of the sorutineers Greenwood, Walter
Pope, John, jun., M.A. of the ballot for the council for 1881.
Guise, J. W.
Price, John On the motion of Mr. ROBERT K. CLAY, seconded by Mr. Hamilton, J. L.
Rhys, P. T. JAMÉS LANE, president of the Southern Law Club, the re Hanrott, A. G.
Richards, L. port of the scrutineers was adopted.
Robertson, C. H. de G. Mr. Dix having been called to the second chair,
Harman, A. J.
Robinson, Thomas Mr. WILLIAM FINDLATER, M.P., moved a vote of thanks Harris, F. J.
Royle, H. J. to Mr. H. A. Dillon for his conduct in the chair, and for his Harrison, C. E., LL.B. Rycroft, F. W. R. most valuable services to the profession during his year of Harwood, W. E.
Salisbury, F. G., B.A. office. Mr. Dillon had shown himself pre-eminently the
Sandys, Allan right man in the right place. He had shown great ability | Higson, J. W.
Sankey, P. E. in the discharge of his duties, and his attention to the Hills, Walter
Seward, J. E. interests of the profession was beyond praise. The | Holden, T. L.
Sims, William urbanity and kindness with which he received every sag. Holme, G. J.
Skipper, A. J. gestion made his presidency a pleasant memory to the whole Holmes, A. H.
Smith, James Shakspeare profession. He hoped that the time was not distant when Holmes, Arthur
Smith, John James they would see Mr. Dillon again filling the position he was Homfray, Alfred
Smith, W. G. S. 80 capable of filling.
Hopkins, A. E.
Smith, W.J. Mr. WILLIAM ROCHE seconded the vote of thanks, and | Howard, Frank
Snell, F. A. expressed his sincere feeling of admiration of the way Mr. Hoyle, E. E.
Stewart, W. J. Dillon had discharged his duties as president.
Hughes, A. H.
Strickland, F. de B. The resolution was pagsed by acolamation.
Hutton, W. H.
Sumner, R. T. Mr. HENRY A. DILLON having briefly acknowledged the Isbell, J. G.
Sutoliffe, G. G. O. compliment,
James, A. E., B.A.
Tempest, c. W. The proceedings terminated.
James, A. P.
Thomas, A. W.
Tregaskis, E. J.
Walker, A. F.
Walpole, H. 0. C.
Ward, E. J.
Jones, H. P.
Watson, W. J.
Wells, L. McF.
Jordan, J. D.
White, F. C. List of the succogsful candidates at the last final
Kempthorne, J. W.
Whitehead, F. C. M. examination, held on the 9th and 10th of November.
Kirkland, G. E.
Willoughby, A. F.
Wilson, J. C.
Winter, F. B.
Wooley, C. D.
Carruthers, Robert Atkinson, J. C.
Catterall, Thomas Atkinson, P. H.
LAW STUDENTS' DEBATING SOCIETY. Cattle, E. W. Bailoy, C. W. Chatwin, F. A.
The weekly meeting of this society was held at the Law Baker, R. D. Chubb, W. P. St. L.
Institution, on Tuesday evening, Mr. W. Bartlett in Baloombe, F. C. Chute, A. J. L.
the chair. The question appointed for the evening's debate Balkwill, A. Clark, J. H. H.
was the following :-“A. dies insolvent, leaving B. his Batohelor, J. B. Clinton, C. W.F.
executor, to whom be owes a debt. C., another creditor, Bayley, T. H. Cogan, W. P.
obtains a judgment for administration of A.'s estate, and an Beamish, Henry Collins, G. L.
order appointing a receiver, who gets in sufficient funds to Beckford, C. G. Collinson, G. F. H., B.A.
pay B.'s debt. B. applies for payment of his debt out of the Beddoe, O, B. Comyns, H. J.
amount in the receiver's hands in priority to the other crediBell, W. C. Cope, Thomas
tors. Is be so entitled p" and was opened in the affirmative Bellhouse, T. P.
by Mr. J. K. Wright. The following gentlemen addressed Corbitt, J. F. Bellow, E.J.
the society on the same side: Mr. Henry Mossop, Mr. Green, Cornisb, W. R., B.A. Bootb, O. F.
and Mr. Spiers ; and the following in the negative : Messrs. Courroux, E. S. Booth, Edgar
Kirk, Napier, and Van Sommer. The question on being put Cox, H. W. Booth, J. J.
to the meeting was decided in the affirmative by one vote. Cox, T. S. Brearley, Samuel
Criddle, J. M. L.
UNITED LAW STUDENTS' SOCIETY
The usual weekly meeting of this society was held on
Wednesday, the 1st inst., at Clement's-inn, Mr. MacLaren Brutton, É. J. Crowdy, E. H. G.
in the chair. After the appointment of Messrs. Acland, Buckland, H. W. Dalton, J. W.
Bartrum, and Maclaren to form a committee for the adjudica
LAW STUDENTS JOURNAL.
tion of the Cookson Prize, the motion on the paper, “That the imprisonment of the Rev. T. Pelham Dale is unjustifiable," was brought forward by Mr. C. Kains-Jackson, who was supported by Messrs. Bateman-Napier, Layman, Edlin, Robin. son, Stevens, and Mexwell; and opposed by Messrs. Acland, Dowson, Strickland (a visitor), Spence, Harvey, and Ball. Mr. Jackson replied, and upon a division the motion was lost by a majority of three votes.
The speakers in the affirmative were Messrs. Hooper, Crock-ford, O'Connor, and Robinson, and in the negative, Messrs. Barrows, Rogers, and Thursfield. After the chairman had summed up, the question was put to the meeting, and decided in the negative by the casting-vote of the chairman. A. vote of thanks to the chairman concluded the meeting.
SHEFFIELD DISTRICT LAW STUDENTS'
Right Hon. John DUKE COLERIDGE, Lord COLERIDGE, held at the Law Library, on Tuesday, the 23rd inst.,
Lord Chief Justice of the Common Pleas Division, has been H. Walter Ibbotson, Esq., solicitor, presiding, at which there
appointed Lord Chief Justice of England, in succession to was s very fair attendance. The question for debate was as
the late Sir Alexander Cockburn. Lord Coleridge is the eldest follows :-“ A. contracts to sell fifty sacks of flour to B.;
son of the Right Hon. Sir John Taylor Coleridge, many B. subsequently reinɔves, and at the same time pays for
years a judge of the Court of Queen's Bencb, and was born ten sacks. One month afterwards, A. gives written notice
in 1821. He was educated at Eton, and was formerly to B. that, unless within fourteen days B. removes and pays
scholar of Balliol College, Oxford. He graduated B.A. in for the remaining sacks, A. will rescind the contract and re
1842, and was subsequently elected a fellow of Exeter Col. sell the goods. B. having failed to remove and pay for the
lege. He was called to the bar at the Middle Temple in remaining sacks, A, sells them at an advanced price.
Michaelmas Term, 1846, and practised on the Western Can B. afterwards maintain an action against A. for
Circuit. He became a Queen's Counsel in 1861, and he was damages for non-delivery of the remaining sacks, and, if so,
for several years recorder of Portsmouth. From 1865 till what would be the measure of such damages ?” The
1873 he represented the city of Exeter in the Liberal interest. affirmative and negative sides were primarily represented
In December, 1868, on the formation of Mr. Gladstone's by Messrs. Russell and Bennett respectively. During
first administration, he was appointed Solicitor-General and the cour-e of the debate, in which the majority of those
received the honour of koighthood, and three years later present took part, many arguments were brought to bear on
he succeeded Sir Robert Collier as Attorney-General. In ihe question, and distinctions drawn between certain
November, 1873, on the death of Sir William Bovill, he was of the numerous cases cited, and finally, after a summing up
appointed Lord Chief Justice of the Court of Common by the chairman, the question was put to the meeting, and
Pleas, and was shortly afterwards raised to the peerage and decided almost unanimously in the affirmative. The question
sworn a member of the Privy Council. as to the measure of damages was not precisely ascertained, Mr. SAMUEL PRATT BERENS BUCKNILL, solicitor, who the meeting being of opinion that it was one for a jury. A has been elected Assistant Secretary to the Incorporated Law vote of thanks to Mr. Ibbotson brought the meeting to a Society, is the son of Dr, Samuel Birch Bucknill, of Rugby. clase.
He was educated at Rugby and at Trinity College, Cambridge,
where he graduated B.Ă. in 1872. He served his articles with MANCHESTER LAW STUDENTS' SOCIETY.
Messrs. Meynell & Pemberton, of 20, White-ball-place, and
was admitted a solicitor in 1875. The fourth meeting of this society for the present session was held on Tuesday in the Law Library, Cross-street,
Mr. WILLIAM Coxwell, solicitor and notary, of Southunder the presidency of J. W. Hamilton, Esq., LL.B.,
ampton, Lyndhurst, and Leamington, has been appointed a barrister-at-law. The matter for debate was as follows :
Perpetual Commissioner for taking the Acknowledgments of * A. allows and pays his wife & sum of money for dress
Deeds by Married Women for Hampshire and the Town of sufficient for her station in life, but upon condition that she Southampton. is not to pledge his credit. Notwithstanding this, bis wife Mr. HENRY HERVEY ELWES, solicitor (of the firm of obtains certain articles of dress from B., a draper, on credit. Turner, Deane, & Elwes), of Colchester, has been appointed The price was reasonable, and the articles necessaries, in the a Commissioner to administer Oaths in the Supreme Court of sense that they are suitable to the wife's degree and condition Judicature. in life. The agreement between her and her husband that
Mr. BENJAMIN BRIDGES HUNTER RODWELL, Q.C., M.P., she will not pledge his credit is unknown to B., the tradesman. (1.) Can B. maintain an action against A. for the
has been elected President of the West Suffolk Chamber of price of the articles sold to his wife? (2.) Has he any
Agriculture. remedy against the wife or her separate property? (3.) Is he Mr. JOSEPH STANLEY, solicitor, of Norwich, has been ape. entirely remediless ?" Messrs. A. Smith and Steinberg, who, pointed a Perpetual Commissioner for taking the Acknowwith those who supported them, were necessarily hampered ledgments of Deeds by Married Women for the County of by the decision of the House of Lords on Saturday last in Norfolk and the City of Norwich. the case of Debenham v. Mellon, but, nevertheless, made a stout fight in respect of their contention, argued that ques. tion No. 1 should be answered in the affirmative. Messrs. Price and Casper contended that the remedy of B. would be
COMPANIES. against the wife or her separate property, and Messrs. Law and Hawkins that he would be entirely remediless. In the discussion which ensued, Messrs. Rycroft, Peacock, Rayner,
WINDING-UP NOTICES. Hardman, Norton, Coward, Innes, and Butcher (bon. sec.)
JOINT STOCK COMPANIES. took part, and the learned chairman having summed up the
LIMITED IN CHANCERY. arguments adduced, the first two questions were answered in
BIRMINGHAM BREWING, MALTING, AND DISTILLING COMPANY, LIMI..
TED.-Petition for winding up, presented Nov 22, directed to be the negative, and the third, therefore, was affirmed. The heard before V.C. Hall on Dec 3. Deane and Co, South sq, Gray's thanks of the society were then given to the chairman.
inn, solicitors for the petitioners FLAGSTAFF SILVER MINING COMPANY OF UTAT, LIMITED.-The
M.R. has fixed Dec 6 at 11 at his chambers for the appointment of BIRMINGHAM LAW STUDENTS' SOCIETY.
an official liquidator
HULL CEMENT AND LINE WORKS COMPANY, LIMITED.-The M.R. At a meeting of the above society, held in the Law has fixed Dec 6 at 12 at his chambers for the appointment of an Library, on Tuesday evening, the 30th alt., Mr. H.
INCE HALL ROLLING MILLS COMPANY, LIMITED.--Petition for wind. Laken Smith in the chair, a debate took place upon the ing up, presented Nov 24, directed to be heard before the M.R. following moot point "Section 12 of 18 Vict. c. 15, pro on Dec 4. Sharpe and Co, Bedford row, for Peace and Co, Wigan, vides that an annuity sball not affect any lands as to pur.
solicitors for the petitioners
LONDON AND SOUTHWARK INSURANCE CORPORATION, LIMITED.-By ebasers, mortgagees, and creditors, unless it is registered.
an order made by the M.R., dated Nov 8, it was ordered that the Does an incumbrancer, with notice of an unregistered an. voluntary winding up of the company be continued. Tilleard and poity, get priority over the annuitant, nothwithstanding
Co, Old Jewry, solicitors for the petitioners this section?"- Le Neve v. Le Neve (2 W. & T. Eq. Cas.
NAVIGATING TELEGRAPIS COMPANY, LIMITED. -By an order made
by the M.R., dated Nov 8, it was ordered that the company be 39; Greates v. Tofiela (23 W. R. 840, and cases there cited). I wound up. Fox, Gray's inn sq, solicitor for the petitioner