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Oct. 29, 1881.

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SOLICITORS' JOURNAL

AND

REPORTER.

VOLUME XXV.

1880-81.

NOVEMBER 6, 1880, TO OCTOBER 29, 1881.

LONDON: 52, CAREY STREET, W.C.

1881

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Allard, Ex parte, 277

Alma Spinning Company, Re, 49

Ames' Settlement, In re, 875

Anglo-French Union Bank, In re, 758

Anglo-Universal Bank v Eaton, 791

v Tramways and General Works Com. pany, 794

Arkwright v Newbold, 333
Armitage, Ex parte, 389
Ashton v Sherrock, 95
Aslatt v Southampton, Corporation of, 49
Attorney-General v South-Eastern and Lon-
don, Chatham, and Dover Railways Joint
Committee, 621

Augustinis v Nerinckx, 48

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Bennett, Ex parte, 278

Bergmann v Macmillan, 354

Best, Ex parte, 775

Bethlehem and Bridewell Hospitals, Governors of, v Ironmongers' Company, 429 Bingham v Sheffield Waterworks, 819 Birchall, In re, 30

Bird v Harris, 117

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Burden, Ex parte, 370
Burrowes v Forrest, 742

Bywater v Clarke, 471

Cape Breton Company, In re, 779 Carter, In re, 372

v Stubbs, 31

Cartwright, Ex parte, 428

Caruncho v Stephenson, 929

Cavander's Trusts, In re, 239

Cercle Restaurant de Castiglione v Lavery,

777

Challinor, Ex parte, 116

Chambers v Managers of the Metropolitan
Asylum District, 831
Chandler v Pocock, 296
Chapman, Ex parte, 677

Charing Cross Advance and Deposit Bank,
Ex parte, 47

Charlton v Charlton, 239
Chatterton v Watney, 428
Chaston v Seago, 640
Clay and Tetley, In re, 11
Cockburn v Edwards, 756
v Ellis, 117

Coltman v Coltman, 779
Conacher v Conacher, 199
Conybeare v Lewis, 334, 721

Cooper, In the Goods of, 336

Costa Rica (Republic of) v Strousborg, 29.

Couldery v Bartrum, 95

Crawcour v Salter, 525

Crouch v Jay, 885

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Fuller, Ex parte, 280

Futcher v Futcher, 778

Gathercole v Smith, 334

General Iron Screw Collier Co., In re, 875
Glover v Giles, 451

Goodman's Trusts, In re, 470
Gosman, In re, 659

Gothenburg Commercial Company, In re, 217
Grange v White, 544

Great Australian Mining Company, Re, 507 Great Britain Mutual Life Assurance Society, In re, 30, 94

Great Eastern Railway Company v East London Railway Company, 95, 427 Great Western Railway Company v Waterford and Limerick Railway Company, 217, 297

Great Wheal Polgooth Mining Company, In re, 757, 874

Greaves, Re, Bray v Tofield, 757

Green, In re, 470

Grundy, Kershaw, & Co., Re, 408
Guebert v Moir, 392

Gurrington Slate Quarries, Re, 430

Habeas Corpus, Re, An Application for, 809 Halifax Joint Stock Banking Company v Sowerby Bridge Town Hall Company, 450 Hall, Ex parte, 257

Hamilton v Chaine; Morgan, claimant, 355 Hampshire Co-operative Milk Company

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Horrex, Re, 297

Hudson v Remington, 849

Hutchinson v Hutchinson, 822

Hutton v Brown, 697
Hyam v Terry, 371
Ind v Kayler, 929
Ireland, In re, 391
Jaques, In re, 678
Jones, Ex parte, 658
Kelsey v Dodd, 334
Kirkham v Peel, 48
Knapmann v Wreford, 559
Lacey, Ex parte, 134
Ladbury, Ex parte, 585
Laird v Briggs, 316, 741
"Libra " The, 741
Lister, Ex parte, 542

v Pearson, 834

London and Suburban Building Company v Field, 257

Long v Brown, 279

v Ovenden, 354

Lyon v Tweddell, 559
McHenry v Lewis, 777
McLaren, Ex parte, 296

Maclay v Carta Para Gold Mining Company,

886

McMahon v Field, 354

Madras Irrigation and Canal Company, In re, 742

Manning, In re, Pendrey v King, 472
Mapleson, Ex parte, 775
March v Swinburne, 22
Markham v Markham, 10
Marsden v Graham, 678
Mathewes, Ex parte, 315
Mellish v Rose, 392

Merchant Banking Company, Ex parte, 295 Metropolitan District Railway Company, In re, 660

(The), and Cotton's Trustees, In re, 157 Middlesborough, Redcar, &c., Permanent Benefit Building Society, Re, 809 Mitchell v Chapman, 450

Molloy v Kilby, 317

Money v Money, 471

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Patman v Harland and Bennett, 543

Payne v Jacobs, 834, 850

Pelham Publishing Company, Re, 429

Peters v Lewes and East Grinstead Railway Company, 678

Pike v Fitzgibbon, 407

Pillers, Ex parte, 524

Pillgrem v Pillgrem, 507

Piper, In re, 943

Plating Company v Farquharson, 406

Post v Marsh, 117

Pronger v Freeman, 863

Punuett, Ex parte, 72

Rawson v Patton, 560

Rayner v Preston, 448

Redgrave v Hurd, 372

Rees, Re, Rees v George, 258

Richards v Cullerne, 741

Richardson, Re, Richardson v Pilliner, 489 Ridgway v Ridgway, 508

Robertson v Robertson, 741

Robinson v Pickering, 316

Ross v Baker, 794

Rosser v Pontypridd and Caerphilly Railway Company, 392

Roxburghe (Duke of) v Cox, 542

Royal Exchange Shipping Company v McMillan, 809

Ruddock, Re, Ruddock v Redgrave, 587

Rudow v Great Britain Mutual Life Assur

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Thorndon v Tell, 679

Thorney's Trusts, In re, 678

Tolmin v Underhay, 660

Underhay v Smith, 199

Union Bank of Kingston-upon-Hull, Re, 371

Universities Co-operative Association, Be,

929

Vale, Ex parte, 776

Vargues v Royal London Panorama, 850

Varney v North Metropolitan Tramways Co., 943

Walter v Head, 742, 757

v Howe, 507

Walters v Walters, 514
Walton, Ex parte, 555
Warner v Mosses, 29
Watson v Cave, 278, 315

v Leamington College (Limited), 30

Webber, Re, 791

Whateley, Milward, and Company, In re, Wheal Elizabeth Company, Re, 791, 809 Wheeler v Le Marchant, 427

White v Jones, 297

Whiting v Loomes, 334

Whitmore v Farley, 512

Wicks, Ex parte, 407

Wigton (Vicar of), Ex parte, 778 Williams, Ex parte, 91, 775

v Briscoe, 603

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The Solicitors' Journal.

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VOL. XXV.

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THE YEAR'S SOLICITORS' CASES...............................................................................
RECENT DECISIONS
REVIEWS

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GENERAL CORESPONDENCE................... CASES OF THE WEEK...................................................................................................... 10 LEGAL APPOINTMENTS ............................................................... 12 COMPANIES ................................. 13 OBITUARY.............................................. 13

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THE OFFICIALS of the Chancery Division who undertook the vacation work have not had a very easy time of it, if we may judge from the number of orders made. The Vacation Judges have made about 280 orders in court, and the orders made in the chambers of the chancery judges were as near as possible 590, making a total of about 870. In 1879 the total was 850, and in 1878, 820. The vacation is a very different matter now from what it was ten years ago, when only one chancery vacation judge was available, and all the orders made were two or three score in number at most.

THE JUDICIAL APPOINTMENTS just made had been already too much anticipated by public opinion and rumour to cause any sense of novelty. In the case of Lord Justice LUSH, a somewhat advanced age is the only drawback to

the high qualifications which all allow him to possess. But, although some circumstances have made the public justly suspicious of the value of too advanced age on the judicial bench, there is no reason to think that the powers of the learned judge are in any serious degree impaired by his having reached a period of life exceeded by that of several of his colleagues who are still vigorous and active. The wide and exact knowledge of the Lord Justice on many branches of law, and his great familiarity with practice-always exercised under the guidance of a clear and vigorous common sense and a steady purpose, not only to further the interests of justice, but to carry out in their spirit the provisions of the new system-will add to the Court of Appeal a member almost too valuable to be spared in the Divisional Court from which he is removed. In the appointment of Mr. WATKIN WILLIAMS as his successor, we are glad to recognize one who, by his constant advocacy of law reform, stands pledged to give to the Judicature Act and Rules fair and full operation-a qualification which we think of even greater importance than the familiarity with mercantile law which Mr. WILLIAMS is on all hands allowed to possess.

THE FORM OF THE INFORMATION in the forthcoming State prosecution in Ireland has been looked for with some interest. All the counts appear to charge offences which are included in the ordinary definition of a conspiracy, while the last one, which charges a seditious conspiracy, with other persons unknown, to cause and create discontent and disaffection amongst the subjects of the Queen, and to excite and promote feelings of ill-will and hostility between different classes of her Majesty's subjects, falls distinctly within Mr. Justice STEPHEN'S definitions of a seditious conspiracy (Digest of Criminal Law, art. 93) as an agreement with one or more persons "to do any act for the furtherance of any seditious intention common to both or all of them," and his definition of a seditious intention, as an intention "to raise discontent or disaffection among her Majesty's subjects, or to promote feelings of ill-will or hostility between different classes of such subjects." It will be observed that

all the counts in the information are for misdemeanors. The law officers of the Crown have probably framed the information in this manner, partly with the view of obtaining a trial by a special jury, and partly to diminish the trouble likely to arise from challenges to the jury, since the right of peremptory challenge (i.e., challenge without cause) does not exist in cases of misdemeanors, although it is usual to allow any reasonable number of objections of this kind to be made by both the prosecution and the defence.

THE CORRESPONDENCE which has appeared in our columns during the last few weeks affords an indication of the extraordinary interest which is felt in the next provincial meeting of the Incorporated Law Society. We ventured some time ago to suggest that more profitable use might be made of these meetings if fewer subjects were introduced; if only questions of immediate practical importance were discussed, and were discussed at greater length; and, above all, if men whose judgment and knowledge command respect could be prevailed on to open their lips more frequently. The

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