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A CORRESPONDENT calls attention to what appears to be a somewhat serious matter for solicitors who have constantly to attend at the Central Office, in order to inspect the record of appearances and other proceedings
in actions. It appears that the books containing these LONDON, MAY 8, 1880.
records are sent away from the office to be bound, although they may be of very recent date and in
constant use, and our correspondent lost a day through CONTENTS.
having to go to the binders' premises to inspect the CURRENT TOPICS:
record which ought to have been found at the Central Applications relating to Commissioners for Oaths .............. 517 Consent to Extension of Time ........
Office. We believe that when the chancery records The Cause Books at the Central Office ...
517 were with the Clerks of Records and Writs in Chancery. The Suggested Candidature of the Master of the Rolls .... 517
lane the records never left the premises, a binder being The late Mr. Cartwight ..........
kept continually at work upon them in a room approLEADERS: The Parliamentary Oath ..................................... 518
priated for the purpose; and it must have been within The Judicial Statistics ......
the experience of many of our readers to have inspected GENERAL CORRESPONDENCK.....
a record while in the hands of this binder. There seems LAW STUDENTS' JOURNAL ......
to be no reason why a like course should not be followed CASES OF THE WEEK: Beal, Ex parte.........
with regard to all the records in the Central Office, and
521 Snell, Ex parte ...
521 it is certainly undesirable that these documents should be Canadian Land Reclaiming and Colonising Company, In re The 522 sent to places where they may run considerable risk of Greaves v. Tofield ....
522 Mitchell v. Henry ................
accidental destruction. While we are upon the subject, Ward v. Ward .........
............ 523 we may express a hope that before long arrangements will Financial Corporation (Limited), In ro..
be made for executing within the building all the printDavis Y. Artingstall ..
523 P.ke v. Fitz-Gibbon ..
523 ing required by the various offices. The amount of APPOINTMENTS, ETC.......................................
printing required is now so great that a staff of comCOMPANIES .......... .
525 positors might be kept employed, and a considerable SOCIETIES.................
............ 525 OBITUARY.....
saving effected to the public service.
......... 525 The Appointment of Solicitor of Inland Revenue in Ireland ...... 526 CREDITORS' CLAIMS
526 SOLICITORS' CASES....................... ..................... 427 COURT PAPERS ................... ........................... 528 A DAILY CONTEMPORANY has vouchsafed a very conLONDON GAZETTES, &c., &c. ..........
fident opinion that, under the provisions of the Judica
ture Acts, the present Master of the Rolls is disqualified CASES REPORTED IN TAE WEEKLY REPORTER. from sitting in the House of Commons. It may be worth Anglo-French Co-cperative Society, In re The (Ch.Div. V.0.H.).... 580
while to see what ground there is for this statement. Aveland, Lord, Appellant, v. Lucas, Respondent (App.) .......... 571 The Judicature Act, 1873, by section 9, enacted that Bolton v. Ferro (Ch.Div. V.C.B.)..............
............ 578 Brown, In re. Tyas v. Brown (Ch.Div. V.C.M
“No judge of either of the said courts” [i.e., the Corbett, Ex parte. In re Shand (App.) ........
565 High Court or Court of Appeal] “shall be capable of Fourth City Mutual Benefit Building Society v. Williams. Marson
being elected to, or of sitting in, the House of Comv. Cox (Ch.Div. M.R.).....
...................... 572 Fowlers v. Walker (Ch.Div. V.O.B.) .............
mons" ; but by section 11 "every existing judge, who Greer v. Poole (Q.B.Div.).
is by this Act made a judge of the High Court of Home Investment Society (Limited), In re (Ch.Div. V.O.M.)...... 576 Liddi rd, In re (Ch.Div. V.C.M.) ...........
Justice .. . shall, as to tenure of office, rank, McAlister v, The Bishop of Rochester and others (C.P.Div.).....
title, salary, pension, patronage, and powers of apPierpoint y. Cartwright and others (O.P.Div.)..
pointment or dismissal, and all other privileges and Tilney v. Stan-feld (Ch.Div. V.C.H.).. Yeatman 7. Snow (Ch.Div. V.C.M.) ....
disqualifications, remain in the same condition as .................. 574
if this Act had not passed; and subject to the
change effected in their jurisdiction and duties by CURRENT TOPICS.
or in pursuance of the provisions of this Act, each of the said existing judges shall be capable of performing, and
liable to perform, all duties which he would have been WE ARE AUTHORIZED to state that, in future, applica capable of performing, or liable to perform in pursus tions relating to commissions for oaths will be received ance of any Act of Parliament, law, or custom if this on any sitting-day of the House of Lords, and will not be Act had not passed.” By section 100" existing" means confined to Thursdays, as heretofore.
existing at the time appointed for the commence ment of the Act. Section 9 of the Act of 1873 was
repealed and re-enacted by the Act of 1875 (section 5,) “ONE WHO WOULD LIKE TO KNOW " asks what solicitors
which, by section 1, is to be construed as one with the are to do under circumstances such as he relates with
Act of 1873. At the time of the commencement of that regard to summonses for time under the new provision
Act the present Master of the Rolls was an existing as to consents. It appears that, after waiting until the last
judge by the Act made a judge of the High Court of day but one, he wrote to the opposite side for their
Justice, and therefore remained in the same condition as consent to an extension of time. Not receiving a reply
| to "privileges and disqualifications” as if the Act had up to three o'clock on the last day (only an hour before
not passed. The capacity to be elected to and to sit in the offices closed), he issued the summons. But while
the House of Commons, being an exception to a disthe clerk was absent on this errand, the consent arrived, | qual
qualification, is plainly within the proper meaning of the delivered by hand, and when the summons came to be
word “privilege." The question which remains is, heard the master indorsed “no order," the result being
therefore, whether the generality of the provision of to saddle the applicant with costs. We may suggest that,
section 11 of the Act of 1873 is limited by the special under such circumstances, it may be advisable for solici
provision of section 5 of the Act of 1875. As we read tors, when writing to the opposite side, to limit a reason
it, the effect of the first-mentioned section is absolutely able time within which a reply should be received, in order
to remove the existing judges from the operation of the to prevent the issue of a summons. If this precaution is
Judicature Act as regards certain matters, including taken, probably the “discretion of the taxing, master" privileges and disqualifications; and in effect to restrict will be favourably influenced.
the “judge” referred to in section 9 to “future judge;" and it is to observed, in confirmation of this view, that in section 14 the same term—"judge of the High Court of Justice” is plainly used in reference, exclusively, to
future judges (see the marginal note.) The question of ment that these Acts are the “law for the time being" the propriety of the proposed candidature is a wholly referred to, and that if Mr. Bradlaugh can bring himdifferent and more doubtful one.
self within them, or any of them, he may safely afirm under the Parliamentary Caths Act. That two of the
Acts-32 & 33 Vict. c. 68, and 33 & 34 Vict. c. 49--are THE DEATH is announced of a member of the profes- later in date than both the Parliamentary Oaths Act, sion better known in sporting than in legal circles-Mr. 1866, and the Promissory Oaths Act, 1868, paakes no William Sheward Cartwright, of Newport, Monmouth difference. The Legislature had clearly met that diffishire. Mr. Cartwright was articled in the city of Here- culty by the use of the words " for the time being”-a ford in the year 1829, and was admitted a solicitor in not uncommon formula in modern statutes. 1834. He subsequently settled at Newport, and prac
But Mr. Bradlaugh not being of the persuasion called tised there for upwards of thirty years, but in 1866 Quakers, is he one of the other persons by law permitted finally retired from practice. Mr. Cartwright has been to affirm ? In other words, is the rule “ ejusdem generis" well known as an owner of racehorses since about the too strong for him ? Here there is very great room for year 1850. He won the Derby in 1874 with George doubt. The rule itself has led more often than not Frederick, but last year disposed of the whole of his to injustice, but viewed as a rule of construction it is racing stud with the exception of two horses.
far too firmly established to be departed from. (See the numerous cases collected in Maxwell on Statutes, pp. 297–302.). True it is that in the greater number of cases the enumerated particulars have been many.
(See, for instance, Sandeman v. Breach, 7 B. & C. 96, in THE PARLIAMENTARY OATH.
which it was held that the words “ tradesman, artificer, NEITHER the Select Committee which has been appointed workman, labourer, or other person whatsoever " did not to inquire into Mr. Bradlaugh's case, nor the House of include a coach proprietor), but in Williams v. Golding Commons itself, has any power to relax the conditions (14 W. R. 60, L. R. 1 C. P. 69), it was held that the imposed by the Parliamentary Oaths Act, 1866, and the words “district surveyor, or other person "included only Promissory Oaths Act, 1868. Except in the one persons having an official duty, and in Watson v. Martin debateable point, those statutes are drawn in unmistak-|(34 L. J. M. č. 50), that the words “at or with any able language. The Act of 1866, after prescribing a table or instrument of gaming" did not include halfpence form of oath for which the form prescribed in the Act used for tossing for money, a decision significantly of 1868 is substituted, and ending with the formula, got rid of by 31 & 32 Vict. c. 52, s. 3. “So help me, God,” enacts by section 4 that “every It may be well to compare the Act 32 & 33 Vict. c. 68 person of the persuasion called Quakers, and every other by which persons having no religious belief affirm in a person for the time being by law permitted to make a court of justice with the Act 17 & 18 Vict. c. 125, s. 20 solemn affirmation or declaration instead of taking (the Common Law Procedure Act, 1854), which provides an oath, may, instead of taking and subscribing for conscientious objectors. The formula provided by the oath,
make and subscribe a solemn the Act of 1854 is affirmation in the form of the oath, . . sub
I, A. B., do solemnly, sincerely, and truly affirm and stituting the words ‘solemnly, sincerely, and truly declare declare that the taking an oath is according to my religious and affirm' for the word swear,' and omitting the belief unlawful, and I do also solemnly, siocerely, and words "So help me, God.'” Then by section 5 it is truly affirm and declare, &c. enacted that “if any member of the House of Commons votes as such in the said House, or sits during any
The formula provided by 32 & 33. Vict. c. 68 is debate after the Speaker has been chosen, without
I solemnly promise and declare that the evidence by me having made and subscribed the oath,
he shall given to the court shall be the trath, and nothing but the be subject to a penalty of five hundred pounds,” to be truth. recovered by “action in one of her Majesty's superior This promise is to be made “if the presiding judge is courts at Westminster,'' and his seat shall be vacated as satisfied that the taking of an oath would have no bindif he were dead. The Act of 1868, by section 2, pre-ing effect” on the objector's conscience. It might be scribes the following " oath of allegiance":-
objected that this statute is so obviously passed alio I
intuitu that it can be in no way be prayed in aid of the do swear that I will be faithful and bear true Parliamentary Oaths Act, 1866, but it will be observed allegiance to her Majesty Queen Victoria, her heirs and
that the formula need not be used—the Act of 1866 prosuccessors, according to law. So help me, God.
viding its own formula (since superseded by the Act of By section 8 the above form "shall be deemed to be 1868), and that the machinery of the mind of the presubstituted. in the case of the Parliamentary siding judge being brought to bear may be disregarded. Oaths Act, 1866, for the form of the oath thereby pre. Mr. Bradlaugh appears to be well within the statute if scribed. By section 11, “when an oath is required to be he be one of the other persons." On the whole, we taken under this Act, every person for the time being by incline to think that he is not one of the other persons law permitted to make a solemn affirmation,” &c., may designated by the Act of 1866, because we think the make such affirmation instead of the oath, and by sec canon of construction to which we have referred above tion 14" nothing in this Act shall affect" (inter multos would press too strongly against his case. alios) “the Clerical Subscription Act, 1865, or the But yet a further question remains. The ParliaParliamentary Oaths Act, 1866, except in relation to the mentary Oaths Act, 1866, indeed, designates Quakers, form of oath in manner hereinbefore mentioned.” but the Promissory Oaths Act, 1868, is free from that
Mr. Bradlaugh, it is understood, wishes to bring him-objection. The words of section 8 are simply, “ When self within the exception of section 4 of the Act of 1866 an oath is required to be taken under this Act, every as being one of the other persons,” not being Quakers, person for the time being by law permitted, &c., may “for the time being by law permitted to make a solemn affirm,” &c. If Mr. Bradlaugh can bring himself within affirmation or declaration." Now, it is to be observed this latter Act he is safe enough. Is, then, the parlia
in the first place that the statute contains no express mentary oath “required to be taken" under the Proxeference to the series of Acts from 3 & 4 Will. 4, c. 29 missory Oaths Act, 1868 ? In one sense, no doubt, to 33 & 34 Vict. c. 49, downwards, which were passed it is. The words of section 8i are “the form of to enable affirmations to be made by witnesses, or to the the oath
under this Act” shall be deemed Act 30 & 31 Vict. c. 35, which was passed to allow to be substituted for the form of the oath under the jurors to affirm instead of swear, and which contains no Parliamentary Oaths Act, 1866. But we think it would words applicable to persons having no religious belief. be mere playing with words to say that the oath is "ree But we think it may be taken as a reasonable intend. ) quired” by the Act of 1868.
Upon all grounds, therefore, we incline to think Saltash, the ship Clio in the Menai Straits, one at that Mr. Bradlaugh is disqualified. His case is a casus Northumberland-terrace, Liverpool, for girls, and the omissus, like that of the juror under 30 & 31 Vict. c. 35, Shibden, for boys, at Halifax. Two were discontinued! already referred to, which only an Act of Parliament can The number under detention at the beginning of the remedy. It is a casus omissus which we should expect year was 8,934; 2,620 were committed during the year ; to find in a series of statutes passed to remedy religious 13 were re-admitted after absconding; 131 were regrievances, each one of which advances an infinitesimalceived from reformatories or other industrial schools; step beyond its predecessor,
and 89 returned from leave of absence, &c.; making 11,787 under detention during the year. Of these, 160 were removed to other schools; 1,386 were discharged ;
76 died ; 29 absconded and were not retaken; and 586 TAE JUDICIAL STATISTICS.
went out on licence, leave of absence, or service ; leaving REFORMATORIES AND CRIMINAL LUNATICS. 9,550 as the number in the schools at the end of the The number of certified reformatory schools in England year. The total costs of the children amounted to and Wales in 1877.8 was 54, or one more than in the £180,976, as against £159,270 in 1877; and the amounts preceding year, a new school for girls having been recovered from parents in the two years respectively opened at Parson's Green, London. The number of were £11,208 and £10,209. offenders committed to these schools in the year ended the various asylums, hospitals, and licensed houses
The number of criminal lunatics under detention at 29th of September, 1878, was 1,584, or 1,302 males, and 282 females; showing an increase of 113 as compared during the year ended September 29, 1878, was 867, with the total number for 1876-7, and making the against 889 in 1876.7. They were distributed as fol. aggregate commitments to reformatories since the lows:-Broadmoor, 526; county asylums, 263 ; city and passing of tie Act 17 & 18 Vict. c. 86, to amount to borough asylums, 16 ; hospitals, 2; metropolitan licensed 27,664 viz., 22,527 males, and 5,137 females. Of the houses, 2; provincial licensed houses, 58. Under the 1,584 offenders committed in 1877-8, the terms of
Act of 30 Vict. c. 12, pursuant to which criminal detention were as follows :-2 years, 43, 2-3 years, 221; 1 lunatics whose term of punishment has expired are not 3-4 years, 286; 4-5 years, 1,034. Of the whole pumber, afterwards to be considered as criminals, but are to be 231 were committed after conviction or indictment, and
treated as pauper lunatics, 124 ceased during the year 1,533, or 85.1 per cent. upon summary conviction. At
to be considered as criminals, and were removed or disthe commencement of the year there were 4,779 charged; 25 died; 3 escaped; 24 were removed or disoffenders under detention, and during the year, as we
charged on becoming sane; 11 were removed sane for have seen, 1,584 were committed, while 7 were received
trial or imprisonment; and 10 were removed to other from other certified reformatory schools, and 28 from
asylums, leaving at the end of the year 670 under detenprison after confinement for refractory conduct, &c.; 11
tion as criminal lunatics. The offences with which they were re-admitted after absconding the previous year, and
have been charged were in 240 cases murder, in 5 con89 returned from licence, &c.—making 6,498 as the total
cealment of birth and infanticide, in 158 manslaughter number under detention during the year. Of these, 114
and attempts to murder, in 34 rape, assault, and unnatural were discharged by order from the Secretary of State ; 528 crimes, in 135 larceny and petty theft, in 43 burglary were discharged on completion of term; 864 were
and housebreaking, in 58 arson and other malicious permitted out on licence, &c. ; 30 absconded and were
offences, in 23 vagrancy, and in 171 other miscellaneous not retaken; 36 were removed to prison for refractory
crimes. Of the whole number, 181 had been found conduct; 12 were sent to other certified reformatory insane, 288 acquitted insane, 204 removed by Home Secschools; and 31 died; leaving 4,883 under detention at
retary's warrant as insane after committal, 192 so the end of the year. The state of instruction of the removed as insane after trial, and 2 committed as offenders committted was as follows:-610 could neither dangerous by justices under 1 & 2 Vict. c. 14. The read nor write; 830 could read or read and write im- total expenses amounted to £32,983, chargeable as folperfectly; 140 could read and write well; 3 possessed lows :-County rates, £3,197; borough rates or funds, superior education; and the intellectual condition of 1
£451 ; union or parish rates, £10,140; public revenues, could not be ascertained. The total amount payable by £17,657; and private funds, £1,538. The average cost ber Majesty's Treasury on account of these schools for
per head in the State Asylum at Broadmoor was the year was £72,751 15s. 8d., being an increase upon
£53 13s. 7d., at the 46 county lunatic asylums in which the sum for the previous year of £3,210 10s. 11d. ; and
criminallunatics were confiaed during the year, £2655.5d.,
The the amount recovered from parents was £5,697 58. 4d., and at 7 city and borough asylums £32 0s. 3d. or £272 7s. 8d. less than in 1876-7.
lowest average cost per head for the county asylums The commitments under the Middlesex Industrial
was £20 10s. 2d. for Dorsetshire, and the highest £36 10s. Schools Acts to the school at Feltham during the year lowest average cost per head was in the case of Bir
for Bedfordshire. At the city and borough asylums the ended September 29, 1878, amounted to 49, against 54 in the preceding gear, making, with 140 commitments mingham, where it amounted to £23 8s. In licensed under 29 & 30 Vict. c. 118, a total of 189, against 273 houses a few cases remain at high rates paid from in 1876-7. The number in the school at the commence
private funds. ment of the year was 129, making, with the 49 committed, 16 returned from licence, and 1 received from prison after confinement for refractory conduct, 195 as Mr. Charles Morton, W.S., Edinburghi, has been appointed the total number under detention during the year, ex
Crown Ageot for Scotland. clusive of those under the Industrial Schools Act. Of On the 4th iost., Sidney Toppin, 9, Cloak-lane, Cannonthese, 19 were discharged by order of the Secretary of street, solicitor, appeared before Mr. Vaughan, to a summons State, 22 on completion of term of detention, 2 per- charging him with wilful and corrupt perjury. The alleged mitted out on licence under clanse 3 of the amended perjury was contained in an affidavit sworn by the defendant Act, and 18 on licence or on service, leaving 134 under in connection with some bankruptcy proceedings, to the effect detention at the end of the year. The gross cost per
that Mr. Pooley, the bankrupt, was indebted to him in the head per amum was £23 16s. 20., and the total amount
sum of £75, and that he had no security for that amount. recovered from parents was £216.195. 9d.
It was alleged, on behalf of the prosecution, that the defendThere were, in 1877-8, 94 industrial schools certified Bank, and received a cheque for the amount, and evidence
ant had sold the debt to the liquidator of the Metropolitan under the Act of 29 & 30 Vict. c. 118, in which children
was called to show that tbe amount of the debt had been were detained, the names of five new ones appearing for offered to the defendant, and refused, before adjudication was the first time in the tables. These are the Working asked for. Mr. Vaughan committed the defendant for trial, Boys' Home at Hereford, the ship Mount Edgcumbe at accepting two suretics in £25 for bis appearance.
from that I think it very wrong that the cause General Correspondence. books should be allowed to go out of the building with.
out a duplicate being provided for means of reference. To CORRESPONDENTS.-A11 letters intended for publica They might accidentally be destroyed, as a bookbinder's tion in the “ Solicitors' Journal” must be authenti.
shop is not the safest place in which to keep books of cated by the name of the writer. The Editor cannot
that description. Surely some arrangement might be undertake to return MSS. forwarded to him.
made for having the books bound at, or at least near, the Central Office, where they could be seen if required
without any difficulty. THE NEW ORDERS.
I am sure the authorities at the Central Office, who are [To the Editor of the Solicitors' Journal.] most obliging in studying the interests of the profession Sir,--Since my letter to you under this head of last
and public, will,on learning the trouble that they unknowweek, which only alluded to the common law side, I ingly cause, only be too willing to remedy the evil. have been informed that the officials of the Chancery
A READER. Division have taken the same view of the new orders and refuse to give time, unless a previous application has been made to the other side for a consent and refused. From inquiries I have made, the loss to the Revenue
Law Students' Journal. has been much under-estimated by me. Take the Chancery Division, however, to be the same as the Com
INCORPORATED LAW SOCIETY. mon Law Divisions, and you have a total loss of £30,000
FINAL EXAMINATION. per year. In addition, the construction put upon the rule is
The following gentlemen passed the final examine.
tion held in April last :causing great inconvenience to agency and other firms doing a large common law and chancery business.
Adam, C. W. M., LL.B. Huggins, O.F. 8, Ely-place, London, May 3.
J. F. GILES.
Hutchinson, C. H. G.
Ives, H. T.
Bewes, R. A.
Jackson, Thomas, jun., B.A. Sir, It is certainly important that the new practice
Birkett, J. E.
Leigh, J. E. R. N. as to obtaining “time" should be settled by some
Boddington, R. St. J., B.A. Lockett, G. B. higher authority than the fluctuating decisions of the
Brett, J. G.
Marsden, J. N. “masters,” for at present it is not safe to take out a
Mathew, J. W. W., M.A. summons for time, although the omission to do so may
Buckingham, A. W. Mawdsley, W. E. enable an opponent to snatch a judgment. As an
Mellish, T. C. example, on Tuesday last an application was made by
Candy, C. H. H.
Merivale, Chas., B.A. letter for an extension of time. No answer having been
Miller, J. E. received up to three o'clock on Wednesday afternoon, a
Chamier, E. F., B.A. Moore, J. T. clerk was sent down to issue a summons. While he was
Champney, A. C.
Moore, W. H, H. gone a consent was delivered. At the return of the
Coulson, E. S.
Morris, J. J. summons this morning, the circumstances were explained
Crosfield, H. O.
Owen, E. T. to the master, who nevertheless indorsed “no order,"
Payze, R. G. the consequence being that the applicant must in any
· any Danby, T. W.
Phillips, T. H. event pay the costs, although no alternative was open
| Darlington, W. R.
Postlethwaite, Wm., B.A. but to take out the summons, or run the risk to which I
Davies, W. R.
Rhodes, F. have alluded.
Delfosse, D. C.
Robinson, C. E.
Denton, C. A., B.A. Rose, H. N.
Donner, H. E.
Seddon, Wm., LL.B.
Smith, J. Muir
Elliott, H. G. V.
Sorby, Percy [To the Editor of the Solicitors' Journal.] Fabling, A.
Stevenson, H. Sir, I beg to call the attention of your readers and | Fletcher, C. H. E.
Stokes, A. S. the profession generally to what I consider is the means of Fraser, W. F.
Swift, J. 0. causing a great amount of unnecessary trouble and delay | Gater, W. H., B.A. Tarry, John in dispatch of business, and which might lead to rather Green, J. T.
Teesdale, E. T. M. serious consequences. It is the practice, at the Central
Green, T. M.
Trenchard, W. J. Office, of sending the cause books a great distance from Hancock, S. J.
Tucker, A. that office to be bound.
Harrison, G. E.
Tully, W. G. Wishing to search appearance and sign judgment, &c.,
Hedwith, W. A.
Welsh, E. on the 28th ult., in an action commenced in the Common
Hicks, E. F., B.A.
White, S., B.A., LL.B. Pleas Division at the end of October last, I attended at
Hickson, J. G., B.A. White, T. B. the Central Office for that purpose, but on presenting my
Higginson, W. F.
Whowell, J.J. præcipe for search, was informed that the cause books | Higman, H. W.
Williams, W. C., B.A. were at Messrs. Waterlow's, Hill-street, Finsbury, for the
Wooton, Thos. purpose of being bound, and I was handed a permit addressed to that firm to inspect the book. As it was
GRAY'S INN MOOT SOCIETY. tben twenty minutes to four there was, under the circumstances, no chance of doing anything that day.
A meeting of this society was held on Thursday evening, On the following day I again called at the Central
the 29th ult., when the following question was argued before
Alfred Wills, Esq., Q.O. : “ A. was manager to B. B. owed Office and found that the books were still at Messrs.
him £250 for salary. B. also owed C. $150. A. by falsely Waterlow's, and eventually I was forced to go to Hillstreet and back before judgment could be signed and
representing to B. that C. owed A. £150, and that it had
been agreed between A. and C. that B. should pay the £150 execution issued.
to A. instead of to C., and that B.'s debt to c. should be It is needless for me to point out what might have satisfied by such payment, induced B. to give him a cheque been the result of this unnecessary delay. But apart ( for £400.-A, altered the cheque into one for £1,400, and
obtained from B.'s bank £1,300 in notes and £100 in gold. Bapported by several members, was carried with acolaA. also stole from B.'s strong box £600 in gold. A. had a mation. Dariog Mr. Leslie's secretaryship, and mainly banking account at another bank, which was overdrawn to through his exertions, the association has increased its the extent of £400. He paid into his bank £1,200 in notes members from seventy to over 230, and from being & and £600 in gold, part of the identical proceeds of the above mere debating society has assumed the charaoter of an transaction ; whether the £600 included any portion of the educational institution. It is to be hoped that the asso£100 obtained from B.'s bank or not it was impossible to ciation will maintain the floarishing condition into which it ascertain. B. sues A.'s bank for £1,750. Is he entitled to
has been brought by Mr. Leslie. A discussion afterwards recover anything ? and if so, how much ? " Mr. H. F. Boyd took place upon the following subject :-"A. bays goods (Inner Temple), and Mr. F. B. de M. Gibbons (Gray's-inn); from C. through C.'s agent B. On receipt of the goods, A. appeared for the plaintiff, and Mr. A. R. Ingpen and Mr. writes a letter to B., in which he says, C.'s goods are of Giles (Middle Temple) for the bank. The learned president short weight, and perfootly valueless, and C. knew of this. gave judgment in favour of the plaiotiff for $500. The I consider such conduct fraudulent, and C. is a disnotice in our last issue as to the moot to be held on the
grace to our business, and a cheat.' Is such a communi29th inst. referred to the above meeting. There will be two cation privileged ?" Mr. H. S. Clegg opened the debate meetings in the ensuing term, the dates of which are not
in the affirmative, and was followed by Mr. E. H. Bleage as yet definitely fixed.
in support of the negative. After a spirited discussion,
on the question being pat to the vote, it was decided in the LAW STUDENTS' DEBATING SOCIETY, negative by a majority of five.
The weekly meetiog of this society was held at the Law Institution, Chancery-lane, on Tuesday evening last, Mr. A. E. Hemsley in the chair. The subject appointed for the evening's debate was the following: “Are there
Cases of the UU eek. the elements of permanency in a Liberal Government?" Mr. Lloyd Jones opened the question in the negative. PROOF IN BANKRUPTCY-CONTINGENT -LIABILITY" IN. Messrs. W. Bartlett, Israel Abrahams, Wright, Napier, CAPABLE OF BEING FAIRLY ESTIMATED" ANNUITY IN and Hemsley supported the affirmative, and Messrs. SEPARATION DEED-BANKRUPTCY ACT, 1869, s. 31.-In & C. J. Etherington, B.A., A. M. Ellis, LL.B., and case of Ex parte Neal, before the Court of Appeal on the W. H. Skelton, the negative. Mr. Lloyd Jones having 29th ult., the question arose whether a proof oould be adreplied, the question was decided in the negative by a mitted in the bankruptcy of a husband for the value of an majority of one.
annuity which he had covenanted to pay to the trustees of
a separation deed during the joint lives of himself and his UNITED LAW STUDENTS SOCIETY.
wife on trust for her benefit. The deed provided that the
annuity should cease in case the wife should not lead a A meeting of the above society was held at Clement's-inn chaste life, and in case the husband and wife should reHall on the evening of Wednesday last. Mr. W. Dowson
sumo cobabitation. The annuity was also to be diminished presided. The meeting, devoted itself to the discussion of proportionally in case the wife should become entitled to business motions, and, in particular, motions were carried
an income independently of her husband. Mr. Registrar giving greater facilities for the use of books from the library, and of wbich it is expected that members will promptly and
Murray rejected the proof, on the ground that the value
of the liability was incapable of being fairly estimated. beneficially avail themselves. On Wednesday next, the 12th inst., Mr. E. F. Spence will open the subject for debate,
The Court of Appeal (James, BAGGALLAY, and Bramwell, "That it is desirable that marriage with a deceased wife's L.JJ.) held that the case was substantially governed by sister should be made legal," and it is hoped that members
Ex parte Blakemore (25 W. R. 488, L. R. 5 Cb. D. 372), and their friends will then largely attend.
in whioh it was held that the value of an annuity given to a widow during her widowhood was capable of being esti
mated. The proof was accordingly admitted.-SOLICITORS, BIRMINGHAM LAW STUDENTS SOCIETY.
James Neal ; G. J. Jennings. A meeting of this society was held in the Law Library, on Tuesday, May 4, Mr. J. E. Deakin, M.A., LL.M., in the LIQUIDATION BY ARRANGEMENT-EXCESSIVE CHARGES chair. After the transaction of the special business, a debate REMUNERATION OF TRUSTEES — APPLICATION took place on the following moot point : “ Criminal Code Bill CREDITOR FOR PAYMENT OT DIVIDEND.-In & cage of (43 Vict. 1880), section 24, enacts that 'No presumption Ex parte Snell, before the Court of Appeal on the 29th alt., shall be made that a married woman committing an offence an application had been made by a secured creditor of does so under composion, because she commits it in the some liquidating debtors, after he had realized his presence of her husband.' Is this alteration of the law security, for an order that the trustees should pay him a desirable ?"-Stephen's Commentaries, 4th vol., p. 32 (7th dividend on the balance remaining due to him, at the game ed.); Stephen's General View of the Criminal Law of Eng rate as they had already paid to the other creditors. The land, p. 84; Stephen's Digest of the Criminal Law, article judge of the Chelmsford County Court made the order 30, p. 17, and note ii., p. 332; Harris' Principles of the asked for, on the ground that the trustees had assets in Criminal Law, p. 29; Russell on Crimes, 1st yol., p. 139 their hands applicable to the purpose. His reason for 80 (5th ed.); Burn's Justice of the Peace, 5th vol., p. 1235. holding was that the amounts which the trustees olaimed The speakers in the affirmative were Messrs. Davis, Smith, to retain for their own remuneration, and the costs of their Gover, King, Ludlow, Dennison, and Rogers, and in the solicitors, were excessive. The assets realized amounted negative Messrs. Barrows, Cochrane, Samuel, and Crosskey. to about £2,100. The trastees claimed for their remuneraAt the conclusion of a very animated debate, the chairman tion nearly £600, the solicitors' costs were stated at about carefully reviewed the arguments of both sides and put the £600, and the amount distributed in dividend was about question to the meeting, which was carried in the affirma
£700. The trustees' remuneration bad been sanctioned by tive by a majority of six votes. A vote of thanks to the chairman concluded the meeting.
two persons who had acted as a committee of inspection, and the accounts of the trustees had been passed by a
general meeting of the creditors, which had been sum. LIVERPOOL LAW STUDENTS' ASSOCIATION.
moped to release tbe trustees and to fix the close of the
liquidation. The creditore, at their first meeting, had apThe eighth meeting of the session of this association
pointed three persons as a committee of inspection, but one was held on the 19th of April, F. M. Hall, Esq., solioitor, of those persons declined to act, and no one was ever in the chair. Mr. T. S. Mills was elected secretary, in appointed in his place. The trustees' remuneration was the place of Mr. F. J. Leslie, who had resigned. The
calculated with reference to the number of hours bew secretary thep brought forward a motion to the fol
which they stated to have been employed by themselves lowing effect :-"That a bearty vote of thanks be accorded and their clerks in the business of the liquidation, at to Mr. F. J. Leslie for his valuable services and powearied
the rate of payment per hour allowed by the London exertions as hon, secretary of this association." The
Bankroptcy Court. The Chief Judge affirmed the order, motion was seconded by Mr. A. Wilson, and, after being
but, on the ground (which has since been held by the