Page images
PDF
EPUB

the purchase by the plaintiff of a share of a business carried on by the defendant, and for the carrying on of the busiDess thenceforth by the defendant and the plaintiff in partnership, on the ground that the plaintiff had been induced to enter into the agreement by means of fraudulent misrepresentations made by the defendant as to the value of the business. The plaintiff asked to have the partnership dissolved and its affairs wound up under the direction of the court, and he claimed to be entitled to a lien on the surplus assets of the partnership, after satisfying the partnership debts and liabilities, in respect of the purchasemoney which he had paid; and also as an indemnity against any payments which he had made or might have to make in respect of the debts and liabilities of the partnership. FRY, J., at first felt some difficulty about the lien, on the ground that the plaintiff was seeking to rescind, ab initio, the contract which gave him an interest in the partnership assets. But ultimately, on the authority of Ross v. Watson (12 W. R. 585, 10 H. L. C. 672), Wythes v. Lee (3 Drew, 396), and The Aberaman Iron Works Company v. Wickens (17 W. R. 211, L. R. 4 Ch. 101), his lordship held that the plaintiff was entitled to the lien which he claimed in respect of his purchase-money, with interest at five per cent.; and that he was entitled to stand in the place of the partnership creditors, in respect of what he had paid, or might pay, on account of the debts or liabilities of the partnership.

[ocr errors]

PRACTICE PARTIES - · AMENDMENT OF PLEADINGS ADDITION OF NEW PLAINTIFF-Order 16, rR. 3, 13.—In a case of Long v. Crossley, before Fry, J., on the 19th inst., a question arose as to the addition of a new co-plaintiff. The action was for the specific performance by the defendants of an agreement by the plaintiff to grant them a lease of a coal mine. The plaintiff was a widow lady, and at the time when she entered into the agreement, and when the action was commenced, it was supposed by her legal advisers that she was tenant for life of the property agreed to be demised under the will of her husband, and that she had a power of granting mining leases. The property was described in the agreement as belonging to Mrs. Long, and those entitled after her," and she signed the agreement "for myself and those entitled after me." The statement of claim, however, did not allege that she had signed in that way. Some time after the commencement of the action the plaintiff died, and her son, who was her executor, obtained in that character the common order of revivor. After this it was discovered that the property did not pass by the husband's will, but that it had been comprised in the settlement made on his marriage, under which the widow was tenant for life of the property, but which contained no power of leasing. Subject to the mother's life estate, and to an annuity payable after her death to her daughter for her life, and charged on the property, the son was entitled to the property in fee. On this discovery being made, the son and the daughter and her husband made an affidavit, in which they said that the mother had entered into the agreement with their knowledge and approbation, and that they would, if they had been requested so to do, have at any time concurred in granting a lease of the property to the defendants in accordance with the agreement. The son said that he desired to adopt the proceedings in the action, and to be made a party thereto in his character of owner in fee simple of the property, as well as in his character of executor of his mother. The daughter and her husband also said that they were willing to be made parties if the court should so direct. The amendment was

isted by the defendants' counsel, on the ground that, so far as appeared by the pleadings, there never had been any contract between the defendants and the persons entitled in remainder, and that by the death of the mother the contract had come to an end, and the cause of action had ceased. Consequently, even if the proposed amendments were made, the new plaintiffs could not succeed in the action. FRY, J., however, held that he ought to allow the son and the daughter and her husband, in respect of their beneficial interests in the property, to be joined as co-plaintiffs with the son in his character of executor of his mother. His lordship thought that the case fell within rule 13 of order 16. Put broadly, the question "involved in the action" was the specific performance of the contract, and the presence of the son and daughter was "necessary in order to enable the court effectually and completely to adjudicate upon and settle" that question. At the present

stage the court had nothing to do with the question whether with the amendments the plaintiffs' case must fail. The object of the rule was, not that a party's case should be so framed as to succeed, but that it should be so framed that it could be adjudicated upon either for or against him.

CORRUPT PRACTICES (MUNICIPAL ELECTIONS) ACT, 1872 (35 & 36 VICT. c. 60), s. 13, SUB-SECTIONS 3, 4-ADDI TIONAL GENERAL RULES, 1875, RULE 2- OMITTING TO GIVE NOTICE OF PETITION AND SECURITY-CONDITION PRECED. ENT.-Williams v. Mayor of Tenby, which was before the Common Pleas Division on the 20th inst., was a case under 35 & 36 Vict. c. 60, the 13th section of which states that "The following provisions shall have effect with reference to the presentation of a petition complaining of an undue election." Sub-sections 3 and 4 of section 13, raise the whole point in the case and provide (sub-section 3) that at the time of presenting the petition, or within three days afterwards, the petitioner shall give security for costs to the extent of £500 in the manner there in prescribed. By subsection 4, that within five days after the presentation of a petition, the petitioner shall, in the prescribed manner, serve on the respondent a notice of the presentation, and of the nature of the proposed security, and a copy of the petition; and the respondent may, within five days from the service of the notice, object in writing to the security. By the Additional General Rules, 1875, rule 2, it is provided that "the petitioner or his agent shall, immediately after notice of the presentation of a petition and of the nature of the proposed security shall have been served, file with the master an affidavit of the time and manner of service thereof." It was stated that after the election at Tenby, the provisions of sub-section 4, section 13, of the Corrupt Practices (Municipal Elections) Act, 1872, were broken by the petitioner omitting to serve on the respondent a notice of the presentation of the petition and of the proposed security; and that no affidavit of the time and manner of service of the notice of the presentation, and of the nature of the proposed security had been filed with the master, as required by the Additional General Rules, 1875, rule 2. On proof of these facts, Lopes, J., ordered that the petition should be taken off the file. This was a motion to set aside that order. The court (GROVE and LOPES, JJ.), decided that the provisions contained in section 13, sub-section 4, of the Act, and in the second of the Rules of 1875, were compulsory on the parties affected by them, and were conditions precedent; and that, as the provisions had been disregarded, the appeal must be dismissed, with

costs.

ant

COSTS-TAXATION-PARTY AND PARTY-THREE COUNSEL -COPIES OF DOCUMENTS INcluded in ArFIDAVIT OF DocuMENTS. In a case of Millard v. Burroughes, before Fry, J., on the 20th inst., two questions arose upon a taxation of costs between party and party. The action was tried in March, 1879, by Fry, J., when judgment was given for the defendant, with costs. A large number of witnesses were called on both sides, and both the plaintiff and the defendwere represented by three counsel. Copies were supplied to the defendant's counsel of all the documents which were included in affidavits of documents in their possession which had been made by the plaintiff and by the defendant, and copies of the affidavits themselves. The plaintiff had given notice to produce the documents mentioned in the defendant's affidavit. Before the taxing master two questions arose-(1) whether the defendant ought to be allowed the costs of three counsel; (2) whether the costs of the copies of the documents included in the affidavits of documents ought to be allowed. The taxing master allowed the costs of two counsel only, and he allowed the costs of copies of such documents only as he considered it material that counsel should ave copies of; going through each document for the purpose of determining its materiality. On the application to review the taxing master's certificate, it was said that, whenever more than twenty witnesses were called, it was the practice in the common law divisions to allow three counsel. And, as to the copies of documents, it was urged that the plaintiff was es topped by his notice to produce from saying that the documents for the production of which he had called were not material, and that he had admitted the materiality of those which were included in his own affidavit of documents. FRY, J., rese. ved his decision in order that he might consult the taxing masters of the common law divisions;

and, after doing so, he allowed the costs of three counsel, but affirmed the decision of the taxing master on the other point. He said that, considering the number of witnesses who had been rightly called on behalf of the defendant, the variety of the issues in the action, the fact that the plaintiff himself had employed three counsel, and the general nature of the case, he thought that three counsel ought to be allowed. From a communication which he had received from the senior taxing master of the common law divisions, he had come to the conclusion that three counsel would have been allowed if the action had been brought in one of those divisions. The action was one which would formerly have been called a common law action, and his lordship thought that in such a case the practice in this respect ought to be followed which prevailed at common law before the fusion of the jurisdictions by the Judicature Act. On the other point, his lordship thought that copies of the affidavits of documents were necessary for the information of counsel, and that the cost of them ought to be allowed. But the documents themselves might vary greatly in their relevancy to the issues in the action, and it might not be necessary that counsel should have copies of them all. The taxing master had dealt with this matter in the proper way.

SOLICITOR AND CLIENT - REFUSAL OF SOLICITOR TO ANSWER INTERROGATORIES ON GROUND OF PRIVILEGECORPORATION-Town Clerk.-The Mayor and Corporation of Swansea v. Quick, which came before the Common Pleas Division on the 17th inst., was an action of ejectment, in the course of which the defendant administered certain interrogatories to the plaintiffs. The plaintiffs were represented in the action by the town clerk, who was also solicitor to the corporation, and, who, in his capacity of solicitor, refused to answer certain interrogatories, or to give inspection of certain documents. Denman, J., sitting at chambers, ordered that the plaintiffs should make a fuller and better answer to the interrogatories, and from this order the plaintiffs appealed. The court (GROVE and LOPES, JJ.) were clearly of opinion that the information known to the town clerk might also be known to the mayor, and to every other member of the corporation. They thought that the privilege was not claimed by the representative of the plaintiffs in bis professional capacity, but only as one of the plaintiffs' body; in fact, that the privilege was really claimed by the clients and not by the solicitor. They dismissed the appeal with costs.

ALLOWANCE FOR INCOME TAX IN RESPECT OF ABATEMENTS OF RENT.

The Board of Inland Revenue have issued the following notice, under date December 18:

"The Board of Inland Revenue have received from the Lords Commissioners of her Majesty's Treasury the fol lowing letter, dated the 13th inst., authorizing the issue of regulations under which allowances may be made for the current financial year in respect of the assessment under Schedule A. of the Income Tax in cases where temporary abatements have been made from existing rents on account of the present agricultural depression:—

"Treasury Chambers, Dec. 13. "Gentlemen, -The Lords Commissioners of her Ma jesty's Treasury have had under their consideration your report of the 2nd inst. on the subject of the a sessment of income tax under Schedules A. and B. for the year 1879-80 in respect of lands, &c., where abatements of rent have been or are being made, and as regards the repayment of duty to landlords who have remitted a percentage to their tenants; and I am directed by their lordships to state that they are pleased to authorize you to issue regulations, as proposed by you, in the following terms, viz.:—

1. No reductions of rent can be recognized which do not affect the rent of the present year.

"2. When a reduction of rent or remission has been made the tenant may be relieved from payment of tax on the amount remitted both under Schedule A. and Schedule B., on producing to the surveyor a certificate from his landlord or his landlord's agent of the amount given up. This certificate should be produced before the 1st of January, when the income tax becomes due, so that the collector may be authorized to accept the tax on the lower amount.

For any relief beyond that on the rent remitted the tenant must appeal in the usual way.

"3. Where, as sometimes is the case, the landlord undertakes to pay the tax under A. direct, instead of by deduction, he may obtain a corresponding reduction to that granted to the tenant, and in a similar way.

666

4. Where an owner is also occupier and gains his living principally from husbandry, he must appeal to the commissioners as directed by law.

"5. Where an owner who does not gain his living principally by husbandry has had farms thrown upon his hands which have previously been let to tenants, he may go before the commissioners of the district and prove his claim to reduction of the charge made upon him in the same way as a tenant might at the end of the year. But this can only be done when the commissioners are willing to hear him, as there is no leg-1 authority for it.

"6. No alteration will be made in the assessmentsi.e., the record of the legal charge-except in the cases in which there has been an agreement to reduce the rent for three years from the present year inclusive.

"I am, &c.,

HENRY SELWIN IBBETSON.' "A printed form of certificate has been provided for the use of owners or their agents, and likewise a form on which claims of repayment may be made where necessary.

"These forms may be obtained from the surveyor of taxes in each district. Where there may not be time for the certificates of the landlords or their agents to be produced to the surveyor of taxes before January 1, there will be no objection to such certificates being received, when neces

sary, after that date; but it is most desirable that they should be produced in sufficient time to admit of instructions being given by the surveyor to the local collector to make the allowance at the time of collection, and prior to the date at which he will be required to account for the duties at the general receipt."

Appointments, Etc.

Mr. EBENEZER JOHN BUCHANAN, barrister, has been ap pointed Attorney-General of the Colony of Griqualand West, in succession to Mr. William Satterley Lord, resigned. Mr. Buchanan was called to the bar at the Inner Temple in Hilary Term, 1873.

Mr. CHARLES DENTON LEECH, solicitor, of Bury St. Edmunds, has been elected Treasurer of that borough. Mr. Leech was admitted a solicitor in 1841, and is clerk to the Commissioners of Taxes for Bury St. Edmunds and for the Hundred of Thedwastre.

Mr. ALFRED HENRY GARDNER, solicitor (of the firn of Wightwick & Gardner), of Folkestone and Sandgate, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

Mr. JOHN GRAHAM, solicitor, cf 3, Westminsterchambers, Victoria-street, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

Mr. ARTHUR GEORGE HAYES, solicitor, of Halesowen, has been elected Clerk to the Magistrates for the Halesowen and Rowley Regis Divisions, in succession to his father, the late Mr. William Hayes. Mr. A. G. Hayes was admitted

a solicitor in 1874.

Mr. JOHN HINDE PALMER, Q.C., has been elected Treasurer of the Honourable Society of Lincoln's-inn for the ensuing year.

Mr. HORATIO NOBLE PYM, solicitor (of the firm of Tathams & Pym), of 3, Frederick's-place, Old Jewry, has been appointed a Perpetual Commissioner for taking the Acknowledgments of Deeds by Married Women for the County of Middlesex, and the Cities of London and Westminster.

Mr. GEORGE FREDERICK SPEKE, barrister, has been appointed Recorder of the Borough of Helston, in succession to Mr. Gabriel Prior Goldney, who has been appointed recorder of Poole. Mr. Speke was called to the bar at the Middle Temple in Hilary Term, 1849, and practises on the Western Circuit, and at the Somersetshire, Bath, and Bristol Sessions.

Mr. HORATIO FREDERICK FOULGER WARREN, solicitor, of Langport, has been elected Clerk to the Langport Board of Guardians, Assessment Committee, and Rural Sanitary Authority, on the resignation of his father, Mr. James Frederick Horatio Warren, who is also town clerk, and clerk to the magistrates, and registrar of the Langport County Court. Mr. H. F. F. Warren was admitted a solicitor in 1872.

DISSOLUTIONS OF PARTNERSHIP.

JOHN HUGHES, the younger, WILLIAM HENRY HUGHES, and FREDERICK JAMES HUGHES, solicitors, 12, Chapelstreet, Bedford-row (Hughes & Sons), so far as regards the said William Henry Hughes. October 25. (Gazette, December 16.)

The above should be substituted for an erroneous notice which appeared in our columns last week.

ALBERT T. WRIGHT, THOMAS STOCKLEY, and JOHN W. BECKET, solicitors, 17, Water-street, Liverpool (Wright, Stockley, & Becket). June 30. (Gazette, December 19.)

Companies.

WINDING-UP NOTICES. JOINT STOCK COMPANIES.

LIMITED IN CHANCERY.

HENDREFORGAN COLLIERY COMPANY, LIMITED.-Petition for winding up, presented Dec 15, directed to be heard before V.C. Malins on Jan 16. Singleton and Tattershall, Great James st, agents for Gill and Hall. Wakefie'd, solicitors for the petitioning company. NORTHERN COUNTIES OF ENGLAND FIRE INSURANCE COMPANY, LIMITED. -By an order made by the M.R., dated Dec 13, it was ordered that the company be wound up. Morten and Cutler, Newgate st, solicitor for the creditor. MCGOWAN'S STEAM PRINTING COMPANY, LIMITED.-By an order made by the M.R., dated Dec 9, it was ordered that the voluntary winding up of the company be continued. Kent and Kent, Cheapside, solicitors for the petitioners.

[Gazette, Dec 19.]

COUNTY PALATINE OF LANCASTER. LIMITED IN CHANCERY.

UNITED COUNTIES COMMERCIAL INSURANCE COMPANY, LIMITED.-Petition for winding up, presented Dec 15, directed to be heard before V.C. Little on Jan 5 at the Assize Courts, Strangeways. Roberts, Manchester, solicitor for the petitioner.

[Gazette, Dec. 19.]

FRIENDLY SOCIETIES DISSOLVED. AMICABLE SOCIETY, Griffin Inn, Attleborough, Norfolk. Dec 15. EVERTON BENEFIT SOCIETY, Zion Chapel Schoolroom, Northumberland terrace, Hayworth st, Liverpool. Dec 15.

FORESTERS' BENEVOLENT FUND, Prince Regent Inn, High st, Deptford, Kent. Dec 16.

LEEK MALE AND FEMALE HUMANE FRIENDLY SOCIETY, Brunswick Chapel Schoolroom, West st, Leek. Dec 6.

LOWER GORNAL FRIENDLY SOCIETY, New Inn, Humphries st, Lower Gornal, Stafford. Dec 16.

MAIDENHEAD LOYAL INDEPENDENT BENEFIT SOCIETY, Swan Inn, Maidenhead, Berks. Dec 15.

MACCLESFIELD INDUSTRIAL AND PROVIDENT CARRIAGE SOCIETY, WOTTON-UNDER-EDGE PROVIDENT CO-OPERATIVE SOCIETY, LIMITED, Wotton-under-Edge, Gloucester. Dec 17.

LIMITED, Station st, Macclesfield, Chester. Dec 15.

[Gazette, Dec. 19.]

New Orders, Etc.

SUMMARY JURISDICTION ACT, 1879.
RULES.

1. Short title.] These rules may be cited as the Summary Jurisdiction Rules, 1880.

2. Commencement.] These rules shall come into operation on the 1st day of January, 1880.

3. Register.] The clerk of each court of summary jurisdiction shall keep the register required to be kept by him in pursuance of the Summary Jurisdiction Act, 1879, with such particulars as appear by the form in Part III. of the schedule hereto.

4. Special appropriation of fine under a statute.] Where in pursuance of any statute the court specially directs the appropriation of a fine, the statute under which the appropriation is made shall be set forth in the register and authenticated by the signature of the justice or one of the justices constituting the court.

5. Returns.] The return referred to in section 22, subsection (4) of the Summary Jurisdiction Act, 1879, shall contain the particulars required to be entered in the register. The justice signing any such return shall cause it to be sent to the clerk who keeps the register for his petty sessional

division, and that clerk shall enter the return in his register. 6. Form of account of fines.] The form of account to be rendered by clerks of courts of summary jurisdiction of fines, fees, and other sums received by them shall be the form given in Part III. of the schedule hereto, or a form to the like effect approved by the local authority under the Justices Clerks Act, 1877, and shall be rendered quarterly or at any less interval as may be directed by that authority. Provided that nothing in this rule shall apply to the police-courts of the metropolis, Chatham, or Sheerness.

7. Rule as to sums of which payment is deferred or to be made by instalments.] All fines imposed by the court shall appear in this account in chronological order, and where pay. ment is deferred, or to be made by instalments, the fact shall be shown in the column headed "Remarks." When the whole of the sum has been paid or recovered by distress, or the term of imprisonment imposed in default of payment or of sufficient distress has expired, the clerk shall then enter the sum in the account. Provided that, though the whole of the sum may not have been paid or recovered, the instalments received shall be accounted for at such times and in such manner as the above-mentioned local authority may direct.

8. Provision for dispensing with unnecessary accounts.] Where a clerk of a court of summary jurisdiction renders an account in the form required or authorized by these rules to the authority to whom he is required to render it, he shall not be required to render any other account relating to the same particulars.

9. Entry of receipts by clerk.] The clerk of each court of summary jurisdiction shall enter on the day of its receipt each sum of money received by him on any account whatever. Each instalment so received shall be entered in a book called the Instalment Ledger to an account to be opened in respect of the proceeding in which the sum is paid.

10. Remitted Fees Book.] The book required to be kept by section 12 of the Act 14 & 15 Vict. c. 55, shall be kept according to the form in Part III. of the schedule hereto, and shall be called the Remitted Fees Book.

11. Crown fines.] The clerk of every court of summary jurisdiction shall send, on the 10th day of January, April, July, and October in each year, to the Secretary of State for the Home Department, Whitehall, without paying the postage, a certified statement, in the form in Part III. of the schedule hereto, of all fines which have been imposed by the court during the previous three months, and which are payable wholly or in part to her Majesty or to the Exchequer. If no such fines have been imposed, the statement shall be certified in blank.

12. Application of sum due under forfeited security.] Where a court of summary jurisdiction has enforced payment of any sum due by a principal in pursuance of a security under the Summary Jurisdiction Act, 1879, which appears to the court to be forfeited, the sum shall, unless it is recoverable as a civil debt, be paid to the clerk of the court, and shall be paid and applied by him in the manner in which fines imposed by the court, in respect of which fines no special appropriation is made, are payable and applicable.

13. Form of security under Act.] Any security given under the Summary Jurisdiction Act, 1879, by an oral or written acknowledgment shall be in the form of an undertaking, and may be in the appropriate form in Part I. or Part II. of the schedule hereto, or in any other form to the like effect.

14. Security book]. The clerk of each court of summary jurisdiction shall keep a security book, and shall enter therein, with respect to each security given in relation to any proceeding before the court, the name and address of each person bound, showing whether he is bound as principal or as surety, the sum in which each person is bound, the undertaking or condition by which he is bound, the date of the security, and the person before whom it is taken. Where any such security is not entered into before the court, or before the clerk of the court, the person before whom it is entered into shall make a return of it, showing the above particulars, to the clerk of the court. The security book, and any certified extract therefrom, shall be evidence of the several matters hereby required to be entered in the security book in like manner as if the security book were the register.

15. Notice to principal of forfeiture of security.] Not less than two clear days before a warrant of distress is issued for a sum due by a principal in pursuance of a forfeited security under the Summary Jurisdiction Act, 1879, the clerk of the court issuing the warrant shall cause notice of the forfeiture to be served on the principal. Service of the notice may be effected either by prepaid letter sent to the

address mentioned in the security, or as service of a summons may be effected under the Summary Jurisdiction Acts.

16. Mode of application to vary order for sureties.] An application under section 26 of the Summary Jurisdiction Act, 1879, shall be an application for a summons requiring the complainant to show cause why the order made on his complaint should not be varied.

17. Time for stating special case.] An application to a court of summary jurisdiction under section 33 of the Summary Jurisdiction Act, 1879, to state a special case shall be made in writing, and may be made at any time within seven days from the date of the proceeding to be questioned, and the case shall be stated within three calendar months after the date of the application.

18. Particulars of claim for civil debt.] In the case of a claim for a civil debt recoverable summarily the particulars of the claim shall, unless embodied in the summons, be annexed to, and, if so annexed, shall be deemed part of the summons. 19. Judgment summons.] An order of commitment under section 35 of the Summary Jurisdiction Act, 1879, shall not be made unless a summons to appear and be examined on oath (hereinafter called a judgment summons) has been served on the judgment debtor.

20. Service of judgment summons.] The judgment summons shall, whenever it is practicable, be served personally on the judgment debtor, but if it is made to appear on oath to the court that prompt personal service is for any reason impracticable, the court may make such order for substituted or other service as to the court may seem just.

21. Issue and proof of service of judgment summons.] A judgment summons may issue although no distress warrant has been applied for, and its service, where made out of the jurisdiction of the court, may be proved by affidavit or solemn declaration.

22. Time of service.] A judgment summons shall be served not less than two clear days before the day on which the judgment debtor is required to appear.

23. Adjournment of hearing of judgment summons.] The hearing of a judgment summons may be adjourned from time to time.

24. Witnesses on judgment summons.] Any witness may be summoned to prove the means of the judgment debtor, in the same manner as witnesses are summoned to give evidence on the hearing of a complaint.

25. Date of order of commitment.] An order of commitment made under section 35 of the Summary Jurisdiction Act, 1879, shall, on whatever day it is issued, bear date on the day on which it was made.

26. Payment by judgment debtor.] When an order of commitment for non-payment of money is issued, the defendant may, at any time before he is delivered into the custody of the gaoler, pay to the officer holding the order the amount indorsed thereon as that on the payment of which he may be discharged, and on receiving that amount the officer shall discharge the defendant, and shall forthwith pay over the amount to the clerk of the court.

27. Discharge of judgment debtor.] The sum indorsed on the order of commitment as that on payment of which the prisoner may be discharged may be paid to the clerk of the court from which the commitment order was issued, or to the

gaoler in whose custody the prisoner is. Where it is paid to the clerk, he shall sign a certificate of the payment, and upon receiving the certificate by post or otherwise the gaoler in whose custody the prisoner then is shall forthwith discharge the prisoner. Where it is paid to the gaoler, he shall, on payment to him of that amount, with costs sufficient to pay for sending the amount by post-office order or otherwise, to the court under the order of which the prisoner was committed, sign a certificate of the payment, and discharge the prisoner, and forthwith transmit the sum so received to the clerk of the court.

28. Costs of plaintiff in enforcing order.] All costs incurred by the plaintiff in endeavouring to enforce an order shall, unless the court otherwise order, be deemed to be due in pursuance of the order as if it were made under section 5 of the Debtors Act, 1869.

29. Fee for taking declaration.] The fee for taking a declaration under section 41 of the Summary Jurisdiction Act, 1879, shall be one shilling.

30. Forms.] The forms in the schedule hereto, or forms to the like effect, may be used, with such variations as circumstances require.

The forms S. 1 and S. 2 in the schedule to the Summary Jurisdiction Act, 1848, are hereby annulled. 12th December, 1879.

CAIRNS, C.

Law Student's Journal.

INCORPORATED LAW SOCIETY. FINAL EXAMINATION.

November, 1879.

At the examination of candidates for admission on the roll of solicitors of the Supreme Court, the examination committee recommended the following gentlemen, under the age of twenty-six, as being entitled to honorary distinc tion:

Herbert Harry Hickmott, who served his clerkship to Messrs. Badgers, Rhodes, & Co., of Rotherham; and Messrs. Bell, Brodrick, & Gray, of London.

Samuel Southall, who served his clerkship to Mr. Thomas Southall, of Worcester.

Frederick William Bromley, who served his clerkship to Messrs. Toy & Broadbent, of Ashton-under-Lyne.

Samuel Meeson Morris, who served his clerkship to Mr. Henry Morris, of Shrewsbury; Mr. Henry Meeson Morris, of Shrewsbury; and Messrs. J. & F. Needham, of London. George Paris Sandeman, who served his clerkship to Messrs. Boulton & Sons, of London.

Fairfax Spofforth, who served his clerkship to Messrs. Barnes & Russell, of Lichfield.

The Council of the Incorporated Law Society have accordingly awarded the following prizes of books:

To Mr. Hickmott the prize of the Honourable Society of Clement's Inn, value ten guineas.

To Mr. Southall, the prize of the Honourable Society of Clifford's Inn, value five guineas.

To Mr. Bromley, the prize of the Honourable Society of New Inn, value five guineas.

To Mr. Morris, Mr. Sandeman, and Mr. Spofforth, prizes of the Incorporated Law Society, value five guineas each.

The examiners have also certified that the following candidates, under the age of twenty-six, whose names are placed in alphabetical order, passed examinations which entitle them to commendation:—

Empson Alcock, B.A., who served his clerkship to Messrs. Keary & Marshall, of Stoke-upon-Trent; and Messrs. Wedlake & Letts, of London.

William Allison, jun., who served his clerkship to Messrs. W. & T. F. Allison, of Louth, Lincolnshire.

George Edward Atkinson, who served his clerkship to Messrs. Lietch, Dodd, & Bramwell, of North Shields.

James Beaumont, who served his clerkship to Mr. Henry Johnson Carr, of Leeds; and Messrs. Few & Co., of London.

George Jefford Fowler, who served his clerkship to Mr. James Searle, of Crediton, Devon; and Mr. William Turner, of Newcastle-under-Lyme.

William Rowlands Parry, who served his clerkship to Mr. John Roberts, of Bangor.

Henry James Manley Power, who served his clerkship to Messrs. Wintle, Son, & Maule, of Newnham, Gloucestershire; and Messrs. Field, Roscoe, & Co., of London.

Frank Izod Richards. who served his clerkship to Messrs. Pyke, Irving, & Pyke, of London.

William Joseph Yeoman, who served his clerkship to Messrs. Darbishire & Tatham, of Manchester; Messrs. Grundy & Kershaw, of Manchester; and Messrs. Pritchard, Englefield, & Co., of London.

The council have accordingly awarded them certificates o merit.

The examination committee have further certified that the answers of the following candidate were highly satis factory, and would have entitled him to honorary distinction if he had not been above the age of twenty-six :

Edward Thomas Ayers, would have been entitled to a prize. The number of candidates examined was 206; of these, 169 passed, and 37 were postponed. By order of the council,

E. W. WILLIAMSON, Secretary. Law Society's Hall, Chancery-lane, London.

NO MORE GAS IN DAYTIME.-More than 30,000 of CHAPPUIS' DATA LIGHT REFLECTORS are fitted up in London alone, by which means gas is done away with, and the places rendered chee fal and healthy, added to which a considerable economy is effected. Prospectuses sent on receipt of two stamps addressed to S. J. CHAPPUIS, 69, Fleet-street, Londoa, [ADVT.]

Court Papers.

WINTER CIRCUITS.

MAIDSTONE ASSIZES.-The commission will be opened at Maidstone, on the South-Eastern Circuit, on Monday, January 12; and on Tuesday, the 13th, both courts will sit at 10.30, when civil business only will be taken, Lord Justice Bramwell hearing special jary causes, and Mr. Justice Denman trying common jury cases. On Wednesday, the 14th, the courts will sit at ten o'clock for the trial of both prisoners and causes.

NORTH WALES CIRCUIT.-The following dates have been fixed for the assizes on the North Wales Circuit :-Welch. pool, Monday, January 12; Dolgelly, Thursday, January 15; Carnarvon, Saturday, January 17; Beaumaris, Wednesday, January 21; Ruthin, Saturday, January 24 ; Mold, Wednesday, January 28; Chester, Saturday, January 31; Cardiff, Saturday, February 7. It is now arranged that Mr. Justice Grove will take the North Wales, and Mr. Justice Lindley the South Wales Circuit.

[blocks in formation]

Buxton, Benjamin Stone, Aldwark, Derby, Coal Merchant. Pet Dec
17. Weller. Derby, Jar. 2 at 12
Emms, Walter Meadows, Norwich, Milliner.
Norwich, Jan 5 at 1

Pet Dec 15. Cooke.

Faller, Christine, and Henry Hollanders, Landport, Refreshment house
Keepers. Pet Dec 12. Renny. Portsmouth. Jan 8 at 12
Jones, David Lewis, Llanfihangel-ar-Arth, Carmarthen, Builder. Pet
Dec 15. Lloyd. Carmarthen, Dec 30 at 12

Kenney, John Henry Carver, Harrogate, Hotel Keeper. Pet Dec 16.
Perkins. York, Jan 2 at 12

Matthews, James, Kilmington, Devon, Butter Factor. Pet Dec 2. Daw. Exeter, Dec 31 at 12

Munyard, Arthur, Greenwich, Baker. Pet Dec 12. Pitt-Taylor. Greenwich, Jan 9 at 1

Neslen, Robert, Greasenhall, Norfolk, Labourer. Pet Dec 13. Cooke. Norwich, Jan 5 at 12

Tate, James, Norwich, Sugar Boiler. Pet Dec 16. Cooke. Norwich, Jan 6 at 12

White, James, Glastonbury, Somerset, Butcher. Pet Dec 12. Garrod. Wells, Jan 2 at 1.30

Williams, William Jones, Lambourne, Berks, Farmer. Pet Dec 17. Pinniger. Newbury, Jan 7 at 1

BANKRUPTCIES ANNULLED.
FRIDAY, Dec. 19, 1879.

Bonner, Edward, Thornton Heath, Surrey, Cow keeper. Dec 15
Parkin, Joseph, Middlesborough, Stationer. D.c 16

Liquidations by Arrangement.

FIRST MEETINGS OF CREDITORS.
FRIDAY, DEC. 19, 1879.

Akester, George Robert, Kingston-upon-Hull, Cooper. Dec 31 at 12 at
offices of Walker and Spink, Parliament st, Kingston-upon-Hull
Albrow, Frederick, Northampton st, Marylebone, Plumber. Dec 31
at 3 at offices of Clark and Cooper, Portugal st, Lincoln's inn
Angus, George, Everton, Lancaster, Licensed Victualler. Jan 2 at 2
at offices of Francis and Co. Cook st, Liverpool

Atkin, Thomas, Nottingham, out of business. Jan 9 at 3 at offices of Brigs, Amen alley, Derby

Atkins, James, Riddlesdown, Surrey, Lime Merchant. Jan 12 at 4 at offices of Marshall, Chancery lane

Atkinson, Stephen Richard, Bradford, York, Wholesale Potato Merchant. Dec 30 at 11 at offices of Peel and Gaunt, Chapel lane, Brad

ford

Attwood, Benjamin, Rowley Regis, Stafford, Greengrocer. Dec 27 at 11 at offices of Addison, High st, Brierley Hill

Bagguley, Eli, Newcastle-under-Lyme, Plumber. Dec 29 at 11 at othices of James, Newcastle-under-Lyme

Betts, Thomas, Eye, Suffolk, Farmer. Jan 7 at 2 at Three Horse Shoes Hotel, Fye. Pollard, Ipswich

Binfield, Thomas James, East rd, City rd, Cabinet Manufacturer. Dec 20 at 11 at offices of King, Shepperton rd, Islington

Blackburn, Freder ck, Lincoln, Grocer. Jan 5 at 11 at offices of Page, jun, Flexengate, Lincoln

Jan 2 at 2 at Bush

Dec 31 at 3 at 23,

Band, Agnes, Irthington, Cumberland, Widow.
Hotel, Carlisle. Farish, jan, Brampton
Bracher, Henry John, King's rd, Chelsea, Builder.
Borough High st. Rash eigh, Borough High st
Braithwaite, James, Fairfield, nr Stockton-oTees, out of business.
Jan 5 at 3 at offices of Newby and Co, Finkle st, Stockton-on-Tees
Brown, John, Huddersfield, Woolen Manufacturer. Dec 31 at 11 at
offices of Learoyd and Co, Buxton rd, Huddersfield

Burbeck, Robert, Leicester, Van Driver. Dec 31 at 3 at offices of Felstead, Granby st, Leicester

Burden, Jabez, Leicester, Fancy Hosiery Manufacturer. Jan 6 at 3 at offices of Wright and Hincks, Belvoir st, Leicester

Cade, Jarvis, Spaldwick, Huntingdon, Builder. Jan 2 at 2 at George Hotel, Huntingdon. Hunnybun and Sons

Cann, William, Plymouth, Printer. Dec 30 at 11 at offices of Square, George st, Plymouth

Carr, Thomas, Horstead Keynes, Sussex, Grocer. Jan 3 at 1 at Bent Hotel, Lindfield. Goodman, Brighton

Chapman, George, Radley, Berks, Farmer.

Jan 6 at 10 at Crown and

Thistle Hotel, Abingdon. Challenor and Son, Abingdon Chapple, William, jun, Manchester, Plane Manufacturer. Jan 7 at 3 at offices of Scorer, Fountain st, Manchester

Chattell, George Wiliam Henry, Oxford st, Grocer. Jan 9 at 2 at
6, Arthur st East. May and Co, Adelaide place, London Bridge
Child, John, Hockering, Norfolk, Farmer. Dec 31 at 12 at offices of
Tillett, Opie st, Norwich

Chiverton, James, Ryde, Isle of Wight, Wine Merchant. Jan 5 at 3 at the Law Institution, Chancery lane. Stolard and Whiting, Sonth Molton st

Clegg, Abraham, Brighouse, York, Clothier. Jan 5 at 3 at offices of Barber, Church st, Brighouse

Clinch, James, Leamington Priors, Warwick, So icitor. Jan 8 at 12 at offices of Sanderson, Church st, Warwick

Collins, Andrew, Bradford, York, General Dealer. Dec 29 at 12 at the Dog and Partridge Hotel, Fennell st, Manchester. Neill, Bradford Collins, Edward John, Leicester, Trunk Manufacturer. Jan 6 a 12 at offices of Shires, Market st, Leicester

Collins, Lewis, Batley Carr, York, Painter. Jan 2 at 11 at offices of Stapleton, Urion st, Dewsbury

Cox, John William Frederick, Freeman's ct, Cheapside, L'censed Victualler. Jan 1 at 2 at the Guildhall Tavern, Gresham st. Neave Crump, Anthony, Bermondsey, Carman. Dec 30 at 3 at offices of Johnson and Son, Cannon st. Willcocks, Gr.at George st, West

[blocks in formation]

Derbyshine, Joseph, Hulme, Manchester, Earthenware Dealer. Jan 5 at 3 at offices of Boddington and Ball, Princess, Manchester

Drake, William, Upper Norwood, Grocer. Jan 7 at 3 at offices of Finch, Borough High st

Earle, George, Liverpool, Butcher. Jan 2 at 2 at offices of Lumb, Moorfield, Liverpool

Edwards, Charles, Little Gransden, Cambridge, Farmer. Jan 2 at 11
at offices of Day and Wade-Gery, Cambridge s, Saint Neot
Evans, Evan David, Tany foel, Merioneth, Farmer. Jan 6 at 2.30
at the White Lion Hotel, Machynlleth. Harison
Farmer, James, Himbleton, Worcester, Farmer. Jan 1 at 11 at offices
of Hill, Worcester

Farrington, Lawrence, Shudehill, Manchester, Hay and Corn Dealer.
Jan 6 at 3 at offices of Chew and Son, Swan st, Manchester
Fernley, John, Wigan, Grocer. Dec 31 at 11 at offices of France,
Churchgate, Wigan

Fleeman, Robert, Nottingham, Auctioneer. Jan 1 a 11 at the Assembly Room, Low pavement, Nottingham. Lee, Middle pavement, Nottingham

Franklin, Walter, Gt James st, Lisson grove, Leather Merchant.

Jau

Dec 31 at 3 at

6 at 11 at offices of Watson, Southampton buildings, Hobrn Gearingboth, Richard, Blenheim, Oxford, Farmer. Jan 5 at 12 at offices of Bickerton, St Michael's chm brs, Ship st, Oxford Gibson, Benjamin, Talk-o'-th'-hill, Stafford, Publican. offices of Llewellyn and Ackrill, Piccadilly st, Tunstall Green, William Henry John, Charlbury, Oxford, Butcher. at 11 at the Crown and Cushion Hotel, Chipping Norton. Chipping Norton

Hagger, Harry, Bath, Licensed Victualler.
Wilton, Westgate b dngs, Bath

Dec 31 Wilkins,

Dec 30 at 12 at offices of

Hammonds, James, John Moss, and William Riley Taylor, Bilston, Bedstead Makers. Jan 1 at 10.30 at the Queen's Hotel, Stephenson pl, Birmingham. Shakespeare, Oldhain

Handby, John Marshall, Bradford, York, Fishmonger. Jan 2 at 4 at offices of Atkinson, Tyrrell st, Bradford

Hardingham, Frederick Robert, Fakenham, Norfolk, Banker's Clerk,
Jan 5 at 3 at offices of Cates, Swann st, Fakenham

Hargraves, John, New Bridge st, Blackfriars, Saddler's Ironmonger,
Dec 31 at 3 at offices of Tindale, Essex st, Strand
Harris, Edwin Henry, Wareham, Dorset, Iunkeeper. Jan 5 at il at the
Angel Hotel, Market st, Poo e. Dickinson, Poole
Harrison, Thomas, Lincoln, Engineer. Jan 3 at 11 at the Head Hotel,
High st, Lincoln. Page, Lincoln

Heston, John, New Radford, Nottingham, Hair Dresser. Jan 13 at 9 at offices of Less, Middie pavement, Lincoln

Henry, Charles, Winchester, Lay Vicar. Jan 5 at 2 at offices of Adams and Co, Jewry st, Winchester

Hill, John, Middlesborough, out of business. Dec 30 at 8 at offices of Bainbridge and Barnley, Albert rd, Middlesborough

Hollyman, Charles Henry, Cardiff, Baker, Dec 30 at 11 at offices of Morgan and Scott, High st, Cardiff

Howell, Henry, Branford, Leather Dealer.

Jan 5 at 4 at Wharton's

[blocks in formation]
« PreviousContinue »