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FLETCHER, JOHN, Yardley, Worces, Jeweller. July 29 at 11. 25, Colmore row, JACOBSKOTTER, WILLIAM, Toxteth pk, Lancs, Mercantile Manager. Liverpool, Birmingham

Pet July 6. Ord July 14 GAUNT, WILLIAM. Bradf rd, Commission Agent. July 27 at 12. Off Rec, 31, JOHNSON, GEORGE. High st, Godalming, Chemist. Guildford and Godalming. Manor row, Bradford

Pet July 14. Ord July 14 GEDORY, JOHN, sen, and JOHN GREGORY, jun, Birmingham, Manu facturers of JONES, JOHN OWEN, Bachellaeth, Carnarvon, Farmer. Bangor. Pet June 9. Horticultural Buildings. Aug 3 at 11. 25, Colmore row, Birmingham

Ord July 15 GREGORY. JOHN, jun (Sep Estate), Birmingham, Manufacturer of Horticultural LIGHTFOOT. WILLIAM, Stockton on Tees, Implement Dealer. Stockton on Tees Buildings. Aug 3 at 11. 25, Colmore row, Birmingham

and Middlesborough. Pet July 1. Ord July 14 GREGORY, JOHN, sen (Sep Estate), Birmingham, Manufacturer of Horticultural LeonS, SAMUEL, Crewe, Cheshire, Fitter. Nantwich and Crewe. Pet July 14. Buildings. Aug 3 at 11. 25, Colmore row. Birmingham

Ord July 14 HAMPTON, JAMES, Bush Hill pk, Enfield, Builder. July 26 at 11. 16, Room, 30 MOLYNEAUX, JOHN, Chorley, Lanos, Licensed Victualler. Bolton. Pot July 16. end 31, St Swithin's lane

Ord July 16 HARPER, JAMES, Moseley, Worcester, Commercial Traveller. July 28 at 11. 25, MORRIS, THOMAS, Monmouth, Grocer. Newport, Mon. Pet July 11. Ord Colmore row, Birmingham

July 15 HILLIARD, WILLIAM BENJAMIN, Wallingford, Berks, Coal Merchant. July 27 at

MUIRHEAD, ROBERT DALRYMPLE STEWART, Onslow sq, South Kensington. 11 30. Off Rec, 1, 8t Aldates, Oxford

High Court. Pet May 14. Ord July 15 JACOB, ERNEST AUGUSTUS, Butleigh, Somerset, out of business. July 28 at 1.

PARKER, ROBERT CLINCE, Macclesfield, Grocer. Macclesfield. Pet July 13. Ord Off Rec, Bank chmbrs, Bristol

July 14

RIELLY, HUGH JOSEPH, Stockton on Tees, Grocer. Stockton on Tees and MidLIGHTFOOT, WILLIAM, Stockton on Tees, Implement Dealer. Aug 2 at 12.18. dlesborough. Pet June 30. Ord July 14 Station Hotel, York

ROBERTS, JOSEPH, Hartland rd, West Ham, Builder. High Court. Pet May 19. LUSI, JOHN STEPHEN BULWARK, Pontypridd, Glamorgan, Clothier. July 28 at Ord July 14 11. Bankruptcy bdgs, Portugal st, Lincoln's inn fields

SHAW, SAMUEL, Heaton Norris, Lancs, Coal Merchant. Stockport. Pet July MANWARING, GEORGE FREDERICK, Chatham, Commercial Traveller. July 26 at 14. Ord July 15 11.30. Off Rec, High st, Rochester

SIDEY, JAMES, Ashford, Kent, Plasterer. Canterbury. Pet July 13. Ord July 13 MITCHELL, THOMAS, Oldham, Architect. July 26 at 11.30. Off Rec, Ogden chbrs, VAN DEN BORG, JOHN, Tredegar rd, Bow, Boot Manufacturer. High Court. Bridge st, Manchester

Pet July 9, Ord July 16
MORRIS, THOMAS, Monm )utb, Grocer. July 27 at 12. Off Rec, 12, Tredegar pl, WILSON, ANN FRANCES, Mountsorrel, Leicestershire, Draper. Leicester. Pet
Newport, Mon

June 25. Ord July 12
MOSES, John, juo, Hebden Bridge, Yorks, Mason. July 27 at 1. White Horse
Hotel, Hebden Bridge

MUIRHEAD, ROBERT DALRYMPLE STEWART, Onslow sq, South Kensington. July
28 at 12. 33, Carey st, Lincoln's inn

LAWLESS, HENRY JOSEPH, Broughton, nr Manchester, Brewer's Traveller. ManPORTER, ALFRED, Streatham hill, Nurserymen. July 26 at 3. 109, Victoria st,

chester, Adjud Oct 2. Annul July 14
RIELLY, HUGH JOSEPH, Stockton on Tees, Grocer. Aug 2 11.15. Off Rec, 8,

Albert rd, Middlesborough
RO BERTS, JOSEPH, Fembroke Dock, Fancy Dealer. July 28 at 3. Off Rec, 11,
Quay st, Carmarthen

ROOKE, GEORGE WALTER, Wombwell, Yorks, Butcher. July 29 at 10. Off Rec,
3, Eastgate, Barnsley

July 25.-Messrs. BAKER & Son, at the Spotted Dog Inn, Barking, at 7 p.m., SCOTT, ANNIE V., Wakehurst rd, Northcote rd, Wandsworth. July 26 at 12. 109,

Freehold Building Land see advertisement, July 9, p. 4). Victoria st, Westminster

July 25 - Messre. EDMUND ROBINS & HINE, at the Mart, Freehold Properties, FIDEY, JAMES, Áshford, Kent, Plasterer. July 26 at 3. Off Rec, 11, Bank st, Valuable Life Iuterest in Landed Estates, Freehold Ground-rents (see adverdshford

tisement, July 9, p 3). ETANBURY, E. H., High st, Old Brompton, Grocer. July 28 at 11. Bankruptcy | July 27.-Messrs. ALFRED SAVILL & Son, at the Mart, Freehold Building Estate bldys, Portugal st, Lincoln's inn fields

(see advertisement, July 23, p. 4). STEATHAM, JOSEPH, Wednesbury, Staffs, Gun Lock Manufacturer. July 27 at 11. July 27.-Messrs. EDWIN Fox & BOUSFIELD, at the Mart, at 2 p.m., Leasehold Off Rec, Bridge st, Waleall

and Freehold Properties (see advertisement, July 16, p. 4). SUTER, WILLIAM HENRY, Liverpool, out of business. July 29 at 3. Off Rec, 35, Victoria st, Liverpool

July 27.-Messrs. FAREBROTHER, ELLIS, OLARK, & Co., at the Mart, Residential

Estate (see advertisement, July 2, p. 4). TOMMY, HENEY, Wem, Salop, Builder. July 29 at 12. Law Society, Talbot chbrs, July 27.-Mr. JOHN DAVIES, at the Mart, at 2 p.m., Leasehold Property (see TOWNSHEND, BENJAMIN, and THOMAS CROPTON, High Holborn, Grocers. July 28

advertisement, July 23, p. 4). at 12. Bankruptcy bldgs, Portugal st, Lincoln's inn

July 28.-Messrs. PERKINS & CÆSAR, at the Mart, at 2 p.m., Freehold and LeaseTREMELLEN, CAROLINE, Liskeard, Cornwall, Grocer. July 19 at 11. 18, Frank

hold Properties (see advertisement, July 23, p. 4). fort st, Plymouth

July 29.-Messrs. BUCKLAND & Co., at the Mart, at 2 p.m., Leasehold Residence WALTON, SAMUEL, Manchester, Spinner. July 26 at 11. Off Rec, Ogden's chbrs, (see advertisement, July 23, p. 4).

Bridge st, Manchester
WARWICK, SAMUEL, Bedworth, Warwickshire, Innkeeper. July 28 at 11. Off Rec,

17, Hertford st, Coventry
WILKINS, ANN, Liverpool, Boot Manufacturer. July 27 at 8. Off Rec, Victoria

st, Liverpool WINTERBURN, CHOMAS, Bradford, Dyer. July 27 at 11. Off Reo, 31, Manor row,



ODGERS.-July 19, at Fitzjohn's-avenue, Hampstead, the wife of W. Blake BAILEY, FRANCIS EDWIN, Tamworth, Warwickshire, Ironmonger. Birmingham. OGLE.-July 14, at Adelaide-road, N.W., the wife of John Ogie, barrister-atPet July 15. Ord July 15

law, of a daughter. BASTOW, THOMAS WILLIAM, South Brent, Devon, Carrier. East Stonehouse. MALLESON. July 18, at Pitt-street, Campden-hill, Kensington, the wile of Pet July 13. Ord July 15

Mortimer Drewe Malleson, barrister at-law, of a daughter. BEESLEY, JOÀN, Reading, Upholsterer. Reading. Pet July 13. Ord July 13 STABKEY.-July 17, at Ladbroke-grove, W., the wife of F. Vere Starkey,

barrister-at-law, of a son. BEILBY, JAMES, Leamington Priors, Gilder. Warwick. Pet July 7. Ord July 15

MARRIAGE. BIDDER, HENRY, Pembroke Dock, Grocer. Pembroke Dock. Pet July 11. Ord ROXBURGH - MORTLOCK.-July 14, Francis Roxburgh, B A., LL.M. Cambs., July 16

barrister-at-law, to Annie Gertrude, daughter of the Rev. Edward Thomas BOSWELL, BENJAMIN RAWLINS, Knighton, Leicestershire, Builder. Leicester. Mortlock, Rector of Snailwell, Cambridgeshire.

Pet June 30. Ord July 16
BRIERLEY, JOHN THOMAS, Oldham, Accountant. Oldham. Pet July 8. Ord

July 14

DAVIS.-- July 12, at Whitehall-place, S.W., James Edward Davis, barrister-atBURNETT, JOHN, West Melton, near Rotherham, Provision Merchant. Sheffield. law, aged 69. Pet July 14. Ord July 14

MIDDLETON.-July 16, at Far Headingley, Leeds, John William Middleton BURY, SYDNEY JOHN, Union ct, Old Broad st, Auctioneer. High Court. Pet

solicitor, aged 48. CARELESS, RICHARD, Chipping Campden, Gloucestershire, Commission Agent.

Banbury. Pet July 15. Ord July 16
Cope, JOHN, Rhudda II Heath, nr Tarporley, Cheshire, Joiner.
Crewe. Pet June 1. Ord July 5

Nantwich and l'he Subscription to the SOLICITORS' JOURNAL 18— Town, 268. 6d. ; CowPER, WILLIAM, Campsall, Yorks, Builder. Sheffield. Pet July 14. Ord

Country, 288. 6d. ; with the WEEKLY REPORTER, 539. Payment in adCox, EDWARD BURTON, EDWARD JOSHUA Cox, and EBENEZER Cox, Marlborough

vance includes Double Numbers and Postage. Subscribers can have rd, Drapers. High Court. Pet May 3. Ord July 15

their Volumes bound at the office-cloth, 28. od., half law calf, 58. 6d. ELLISON, WILLIAM, North Shields, Grocer: Newcastle on Tyne. Pet July 16.

Where difficulty is experienced in procuring the Journal with regularity, Evans, John, Swansea, Licensed Victualler. Swansea. Pet July 14. Ord July 15 Evans, THOMAS, Swansea, Draper. Swansea. Pet July 11. Ord July 15

in the Country, it is requested that application be made direct to the FREEMAN, WILLIAM CHARLES, Leadenhall st, Merchant. High Court. Pet July

Publisher. 14. Ord July 14 FULLER, WILLIAM STEPHEN, Worthing, Coachbuilder. Brighton. Pet July 15.

CONTENTS. GALE, GEORGE, Tredegar, Mon, Butcher. Tredegar. Pet July 12. Ord July 15


......... 639 | LAW STUDENTS' JOURNAL ..... ... 647 GHENT, WILLIAM HEWETT, Sackville st. Piccadilly, Lodging house Keeper. THE RIGHTS OF MIDDLEMEN ...... 640 NEW ORDERS, &C. High Court. Pet May 10. Ord July 15


LEGAL NEWS HILLIARD, WILLIAM BENJAMIN, Wallingford, Berks, Coal Merchant. Oxford. THE RE-ORGANIZATION THE COURT PAPERS...................... 649

CENTRAL OFFICE OF THE SUPREME WINDING-UP NOTICES Hobson, HORACE, Sheffield, Painter. Sheffield. Pet July 16. Ord July 15


CREDITORS' NOTICES .............. 650



............ 651 HOGBEN, THOMAS, Hawkinge, nr Folkestone, Veterinary Surgeon. Canterbury.

Pet July 16. Ord July 16 Ives, George New Scarborough, nr Wakefield, Grease Manufacturer. Wake- all letters intended for publication in the Solicitors' Journal” must be JACOB, ERNEST AUGUSTUS. Butleigħ, Somersetshire, out of business. Wells. Pet July 11, Ord July 15

authenticated by the name of the writer:

Ord July 16


......... 648 .......... 648


..... 650





UNTEARABLE LETTER Anti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pure Soluble Cocoa of the Finest Quality, with the excess of fat extracted.


MAKERS The Faculty pronounce it "the most nutritious, per

COPYING BOOKS. fectly digestible beverage for Breakfast, Luncheon, or

Supper, and invaluable for Invalids and Children."

To Her Majesty, the Lord Chancellor, the Whole of
Highly commended by the entire Medical Press.
Being without sugar, spice, or other admixture, it suits
the Judicial Bench, Corporation of London, &c.

(HOWARD'S PATENT.) all palates, keeps for years in all climates, and is four

1,000 Leaf Book, 5s, 6d. times the strength of cocoas THICKENED yet WEAKENED


500 Leaf Book, 3s. 6d. Mixtures.

SOLICITORS' GOWNS. Made instantaneously with boiling water, a teaspoonful

English made. to a Breakfast Cup, costing less than a halfpenny. Law Wigs and Gowns for Registrars, Town Olerks, COCOATINA A LA VANILLE is the most delicate, digestible,

and Clerks of the Peace.

THE BEST LETTER COPYING BOOK OUT, cheapest Manilla Chocolate, and may be taken when richer chocolate is prohibited. CORPORATION ROBES, UNIVERSITY AND CLERGY GOWNS

WODDERSPOON & CO., In tins at Is. Bd., 38., 5s. ed., &c., by Chemists and Grocers.


7, SERLE STREET, AND 1, PORTUGAL STREET, Charities on Special Terms by the Sole Proprietor, H. SCHWEITZER & Co., 10, Adam-st., Strand, London, W.C. 94, CHANCERY LANE LONDON.

AW LECTURES.-The Liverpool Board
by Leal Studies are prepared to receive applica. | THE MORTGAGE INSURANCE COR-


KENT LIFE OFFICE. Established in 1824. during the Session 1887-8 a course of 10 Lectures on AMOUNT OF CAPITAL SUBSCRIBED, £710,000

Chief Office-Maidstone. Jurisprudence. Fee, £75 (inclusive of travelling ex

Branch London, 124, Cannon-street, E.O. penses). -Address, the SECRETARY OF THE BOARD,

Offices of the Corporation

Offices Manchester, Lombard-chambers, Brown-st. Law Library, Liverpool.

Winchester House, Old Broad-street, E.C.

One of tbe most recent claims upon the Company

Rt. Hon. E. PLEYDELL BOUVERIE, Chairman. was under Life Policy No. 503, issued in 1833 for £900, E” DUCATION.-To Solicitors and other

and which had acquired bonus additions amounting Sir SYDNEY H. WATERLOW, Bart., Deputy-Chairman. Professional Men and Gentlemen of Limited In

to £2,015, increasing the policy to £2 813, come. A few boys, sons of the above, are admitted Policies are now being issued by this Corporation

W. L. SEYFANG, Secretary. into a well-known School of high tone on greatly

insuring Mortgages of Freehold and Leasehold reduced fees.- For full particulars address, in strict

Property, holders of Mortgage Debentures and con idence, “Mu." care of Messrs. Relfe_Bros., 6, Debenture Stock, against loss of principai and in

ACCIDENTS AT HOME AND ABROAD Charterhouse-buildings, Aldersgate, City, E.C.

These Policies will be of especial advantage to

Railway Accidents, Employer's Liability, If you want Money without Fees-amounts Trustees who may be held responsible for losses

INSURED AGAINST BY 0.OLIBURN, personally if possible, 43, Great Tower

Mortgagors insuring with the Corporation will also be enabled to obtain Advances at the lowest


possible rate of interest.

The Corporation also grants Policies to Lease 64, CORNHILL, LONDON. of SPEECH.-The Rev. holders insuring the return of the Amount invested Professor D'ORSEY receives Resident and at the expiration of their leases or at any fixed


£246,000. Visiting Pupils at 13, Prince's-square, W. Consulta periods.

COMPENSATION PAID FOR 118,000 ACCIDENTS. tion daily, at 11 o'clock.

For particulars and conditions of Insurance apply
to the Secretary.
By order,

JAS. C. PRINSEP, Secretary.


on the Asylum and about 200 acres of Freehold Land at SIX per CENT. GUARANTEED MORTGAGE

Prompt and Liberal Settlement of Claims. Bagshot, has been necessarily called in for purpose of


CHAIRMAN-HARVIE M. FARQUHAR, Esq. division among the lender's family. In obtaining a fresh loan the managing committee

West-End Office :-8, Grand Hotel Buildings, W.C.;

-Capital paid up, 1,000,000 dols.; Liability of are very desirous to reduce the rate of interest, and Shareholders, 1,000,000 dols. Surplus and Reserve now seek to learn whether any lender would advance

Head Office :-64, CORNHILL, LONDON, E.C. 250,000 dols. ; Total, 2,250,000 dols. (£450,000). the amount at the rate of Three and a Half (81) per

WILLIAM J. VIAN, Secretary. Cent, and so diminish the burden hitherto falling on

Head Office-Boston, Mass., Mr. B. Lombard, jun., the annual income of this most useful society.

Address, 62, King William-street, E.C.
Western Office-Kansas City, Mo. Mr. J. L. Lom-

bard, Vice-President and Manager.

B A N K.-

Sole Agent for Great Britain and Ireland-Mr. H. Southampton-buildings, Chancery-lane.
Ramsden (Ramsden & Austin, Solicitors), 150, THREE per

CENT. INTEREST allowed on the GULF of FINLAND.-On completing her Leadenhall-street, London, E.C.

DEPOSITS, repayable on demand. cruising programme to the Norwegian Fjords, as The Companv is prepared to receive money for in

CURRENT previously advertised the Steam Yacht "CEYLON."

TWO per CENT. INTEREST on vestment in First Registered Mortgages of Freeholds 2,200 tons register, Chas. Edwd. Stewart, R.N.R,

ACCOUNTS calculated on the minimum monthly in the States of the United States of America, for five commander, will leave Gravesend on SATURDAY,

balances, when not drawn below £100. 27th of August, for a THIRTY DAYY' Grand half-yearly in

years, yielding 6 per cent. interest, payable by coupons CRUISE, to the SCANDINAVIAN CAPITALS, and

London, principal and interest

The Bank undertakes for its Customgrs, free of CRONSTADT. for St. Petersburg, Moscow, and the guaranteed by the Company. For full information

Charge, the Custody of Deeds, Writings, and other as to these investments apply to the London Office.

Securities and Valuables; the collection of Bills or Great Fair at Nijni-Novgorod, on the Volga. For full

Exchange, Dividends, and Coupons; and the purchase particulars address the MANAGER, Yacht Ceylon"

and sale of Stocks, Shares, and Annuities. Letters of Office, 7, Pall Mall, London, S.W.

Credit and Circular Notes issued.

Established 1836. TLANTIC ISLANDS.

The BIRKBECK ALMANACK, with full particuOn October let LONDON: 1, Moorgate-street, E.C. ABERDEEN : 1, lars, post-free, on application. it is intended to despatch the “CEYLON” on

Union-terrace. a THIRTY DAYS


INCOME & FUNDS (1886) MADEIRA, the Canaries (for Santa Cruz and

Fire Premiums ...

£582,000 Oratava), and the Azores (St. Michael's), provided

Life Premiums

198,000 forty berths are taken by September 17th. Single


13,000 berth, £50; whole cabin, £75. Accumulated Funds

to announce that their Sales by Auction of £3,297,000

Plate, Watches, Chains, Jewellery, Precious Stones, &c., are held on Mondays, Wednesdays, Thursdays,

and Fridays. DAYS will be made by the Steam Yacht“CEYLON”

The attention of Solicitors, Executors, Trustees,

RANCE COMPANY. to various places on the MEDITERRANEAN Shores

and others is particularly called to this ready means

ESTABLISHED IN THE YEAR 1854. including Constantinople, the Holy Land, and Egypt, The only Law Insurance Office in the United Kingdom

for the disposal of Property of deceased and other

clients. for which early application should be made.- Programmes of the latter two will be issued later on. which transacts both Fire and Life Insurance Busi

In consequence of the frequency of their sales

Messrs. J. & D. are enabled to include large or small "Ceylon" Office, 7, Pall Mall, London, S.W.

Chiei Office

quantities at short notice (if required).

Sales of Furniture held at private houses. 216, CHANCERY LANE, LONDON, W.C. Valuations for Probate or Transfer. Terms on ap“NORGE" from NEWCASTLE to BERGEN every Tuesday evening ; from Bergen every Saturday The Funds in hand and Capital Subscribed amount to

plication to the City Auction Rooms (established

1793), 38 and 39, Gracechurch-street, E.C. evening. Fares: £3 single, £5 return (available any

upwards of £1,900,000 sterling

Mesure. Johnson & Dymond beg to notify that time during the season), including all meals and

Chairman-JAMES CUDDON, Esq., of the Middle

their Auction Sales of Wearing Apparel, Piece steward's fees.-BORRIES, CRAIG, & Co., Newcastle

Temple, Barrister-at-Law.

Goods, Household and Office Furniture, Carpets, on-Tyne.

Deputy-Chairman-CHARLES PEMBERTON, Esq. (Lee Bedding, &c., are held on each day of the week SUMMER TOURS IN SCOTLAND

& Pembertons), Solicitor, 44, Lincoln's-inn-fields.

Saturday excepted).
The Directors invite attention to the New Form of




MEDITERRANEAN: On February, 25th,



NORWAY: First-class Passenger Steamer

GLASGOW and the HIGHLANDS (Royal Life Policy, which is free from all conditions.

eneljcie si sou dnsurance granted against the contin- FURNISH your. HOUSES OF APART

Royal Mail Steamer COLUMBA or IONA from gency of Issue at moderate rates of Premium.
Glasgow Daily at 7 a.m., from Greenock at 9 a.m., The Company ADVANCES Money on Mortgage of
conveying, in connection with his West Highland
Steamers, passengers for Oban, Fort-William. Inver- contingent.

Life Interests and Reversions, whether absolute or
ness, Lochawe, Skye. Gairloch, Staffa, Iona, Glencoe,
Stornoway, &c. Official Guide, 8d.; Illustrated, 6d.

The Company also purchases Reversions. and 1s., by post, or at W. H. Smith & Sons' Railway Prospectuses, copies of the Directors' Report and Bookstalls. Time Bill with Map and Fares free from Annual Balance Sheet, and every information, sent the owner, DAVID MACBRAYNE, 119, Hope-street, post-free on application to Glasgow

FRANK MOGEDY, Actuary and Secretary.

The original, best, and most liberal.

Founded A.D. 1868.
Cash prices. No extra charge for time given.
Particulars, estimates, Press opinions, testimonials

F, MOEDER, 248, 249, and 250, Tottenham-court-
road, and 19, 20, and 21, orwell-street, W. Estabo
lished 1862.


........ 662

681 659 660

659 660 €60 662 661 660

735 ........ 721







than by being heard (owing, probably, in many cases, to delays In the Solicitors' Journal. Strick v. Swansea Tin Plate Co.

caused by lack of judicial strength), while the average number per


Trufort, Re, Trafford v. Blanc .... 661 judge actually heard during each of those three years was 414. Blair & Girling v. Cordner

In the Weekly Reporter. Boswell v. Coaks

If these figures are considered we think it will be seen that there Boyd v. Fartar ....

Apthorpe v. Apthorpe

725 will be ample work for another judge. Burton, Re, Burton v. Burton

Esdaile v. City of London Union.. 722 Casebourne & Co. v. Houston & Co. Griffiths v. Justices of Lancaster.. 732 and Avery & Co.

Hendry, In re, Watson v. Blakeney 730
Chalk, Webb, & Co. v. Tennant

Jack, In re................
Cohen v. Poland
Lea v. Facey

COMPLAINTS ARE MADE that the Chancery Paymaster crosses the Eley. Re....

Lyell v. Kennedy ...... Faulkner, Re

Morton, In the Goods of

135 cheques he sends to parties through the post. Such complaints H. Prater (deceased), Re...

Paterson, Ex parte. In re Rathbone 735 Moore v. Moore, Chadwick, and Reg. v. Licensing Justices of Mar

appear to be most unreasonable.

The rule (Supreme Court Funds Griffiths

ket Bosworth

734 Rules, 1886, r. 48) makes it a condition that all such cheques Newbegin (deceased), Re.....

Roe v. Mutual Loan Fund AssociaSedgwick v. Hellier..


shall be crossed so as to be “payable only through a banker,". Smeed, Deane, & Co. (Lim.) v. A. Towgood Bros. v. Pirie & Sons .... 729 otherwise the Paymaster would have but little assurance that the Cumberland

Tunnicliffe v. Birkdale Overseers.. 731
Ward v. Huckle

736 money reached the proper hands. Although it would be very unwise

to alter this practice, it should be observed that, under the same

rule, the Treasury has power to vary the conditions of such payThe Solicitors' Journal and Reporter. ments from time to time, but we fail to see how they could be altered, LONDON, JULY 30, 1887.

very material safeguard, especially having regard to the possibility

of the Treasury having to replace money improperly paid. It CURRENT TOPICS.

might be suggested that small payments might be made by means

of postal orders or post office orders; but these must be paid for, ATTENTION SHOULD BE DIRECTED to an interesting letter in another and if the amount paid for an order were to be deducted from the column in which Mr. Munton sets out the points taken by the counsel amount paid complaints would increase, and, moreover, the Payfor the Middlesex Registry in the recent case. They do credit to the master would be compelled to make a vast increase in the number ingenuity of the learned counsel, but appear to have failed to raise of entries in his books, and would have some difficulty in procuring any doubt in the minds of the judges. It seems that the case is a proper receipt for the money paid. A crossed cheque comes to be appealed, and that the appellants mean to rely mainly on

back to the paymaster with the receipt of the payee indorsed. their novel discovery that the witness to a memorial must not only have attested the execution of the deed by the grantee, but also by the grantor. It is to be hoped that the appeal will be AN IMPORTANT POINT on the Remuneration Order was decided by heard before the Long Vacation, as, until the question is settled, Mr. Justice North on Monday in Re Faulkner. Mr. FAULKNER, practitioners are placed in a somewhat embarrassing position. a solicitor, had been employed by the vendor in connection with

the sale of some property, and had done some work preliminary to that done by the auctioneer, who had been employed and paid by

the client for conducting the sale by auction. The preliminary LORD SELBORNE's question to the Lord Chancellor on the 21st work, for which the solicitor made separate charges, consisted of inst. elicited the information that the appointment of an additional attendances on the auctioneer, preparing advertisements of sale, atjudge of the Chancery Division is delayed only by the state of tending to insert advertisements in newspapers, examining proofs business in Parliament. The authority for the appointment is to of particulars of sale, attending auction, &c. The question was be obtained under section 18 of the Appellate Jurisdiction Act, whether the solicitor, who, of course, was not entitled to the“ 1876, which provides that “whenever any two of the paid judges ducting fee,” was entitled to be paid for such preliminary work. The of the Judicial Committee shall have died or resigned, her Majesty taxing master disallowed the items on the ground that Re Field may, upon an address from both Houses of Parliament represent. (33 W. R. 504, 553, 29 Ch. D. 608) and Re Emanu l $ Simmonds ing that the state of business in the High Court of Justice is such 34 W. R. 613, 33 Ch. D. 40) applý to sales as well as to leases. as to require the appointment of an additional judge, fill up one The case of Re Wilson (29 SOLICITORS' JOURNAL, 438, 29 Ch. D. 790) of the vacancies created” by the transfer under that Act of three was cited to the master, but he considered that it did not affect the judges from the High Court to the Court of Appeal. As the question. Objections to the taxation were carried in, but the facancy created was in the Queen's Bench Division, we presume master adhered to his decision. The attention of the Council of that the intention is to appoint a judge to that division, and then, the Incorporated Law Society was then called to the case, and as under section 31 of the Judicature Act, 1873, transfer the judge they considered the principle involved to be an important one to to the Chancery Division. The Lord Chancellor held out some the profession generally, and as the master's contention seemed to hope that the opportunity for moving the address might occur them untenable, they supported the solicitor in an appeal, and before the close of the present session ; but Mr. W. H. SMITH, on in the result Mr. Justice Norte held that Re Wilson applied, and being questioned on the subject, did not give much encouragement that the taxing master had acted on a wrong principle, and he to this idea. It is difficult to see how any serious opposition or therefore referred the bill back to him for further consideration as lengthy debate could be raised in the House of Commons upon to the propriety of particular items, the learned judge intimating a proposal, relating to the judicial machinery, made by the Lord that, if anything which the solicitor had done was properly the Chancellor on the authority of a recommendation of the Chancery auctioneer's work, the solicitor would not be entitled to be paid for Chambers Committee, and strongly supported by two ex-Lord it. The gist of the decision appears to be contained in the Chancellors.

following extract from the shorthand notes of the judgment :-
" It seems to me that, if there is anything done by the solicitor

which is not auctioneer's work, and which is necessary towards THE STATISTICS given by Lord SELBORNE, in his question asked in to the decisions in cases relating to the fee for deducing title when

conducting the sale, he ought to receive payment for it. According the House of Lords on the subject of the appointment of an a solicitor has done part of the work, but not the whole, he is not additional judge of the Chancery Division, were in some respects allowed the scale fee, but he is allowed to charge for the work he imperfect. Having carefully gone through the statistics avail- has done. It seems to me that these cases are authorities for able, we find that during the last five years the average number of saying that the same rule must be applied to the fee for conducting causes in the Chancery lists at the commencement of each of the a sale when the whole of the work has not been done by the four sittings has been close on 780, making a yearly arerage of solicitor-riz., when an auctioneer has been employed at the client's about 3,120, and that, during the first three of those years (for expense." which alone the judicial statistics are as set published), the average number of causes per judge of the Chancery Division disposed of per annum was 557; and this number includes those THE REPORTS of the committee of the Gloucestershire and Wiltcaurce which appeared in the lists and were disposed of otherwise shire Incorporated Law Society generally contain matter of



interest, and there will be found in the report for the present year It is to be feared that there is undue consolation for “the legal a very clear, able, and temperate exposition of the society's big-wigs,” fattening on their country cousins' nourishment, in the grounds of objection to the Land Transfer Bill. The first is, of consideration that the “light of better days,” together with the course, the introduction of compulsion. The committee admit county court judge's "unshackled hand,” are yet "far away in the that, if compulsion is to be applied at all, the Bill is as little distance"; and some of them may even venture a doubt as to whether objectionable as may be, but they point out that this does not a "local point of view" is, in the abstract, always synonymous with make it the less true that if the system should prove to be really a legal point of view, and whether knowledge of the fads and for the benefit of landowners, it would need no compulsion to secure fancies of the district” is an essential qualification for the its adoption. The second objection is to the requirement that the administration of justice. They may, perhaps, suggest that one of vendor shall be registered before transfer, which appears to the com- the best judges who ever sat on the county court bench (not far from mittee to involve unnecessary expense. We confess we do not under- Judge INGHAM's district) was a legal bigwig in town," stand why this provision of the Bill should have been so strenuously ignorant of district "fads and fancies,” but with a plentiful supply maintained against Lord HERSCHELL's proposal for amendment. The of legal knowledge and common sense—which, perhaps, are not narrowness of the majority (6 only) by which it was retained in very bad substitutes. the House of Lords seems to render it probable that the provision will disappear before the Bill passes into law. Among other objections, we are glad to see that the committee lay special THERE OUGHT TO BE no doubt on the question whether a stress on the suspicious vaguenees of the Bill as to the intended judge of first instance has power to vary an order made by status of solicitors in regard to practice in the Office of Land another judge of equal standing, but an application made to Registry. The amendment introduced by the Lord Chancellor Mr. Justice KEKEWICH on Wednesday last appears to have shortly before the Bill passed the House of Lords, confining raised such a doubt. In the case of Kurtz v. Spence (35 the provisions of clause 53 (4), relating to the remuneration W. R. 26, 33 Ch. D. 579) Mr. Justice Chitty made an order by fees of " officers employed on behalf of applicants for registra- striking out certain specific words from the plaintiff's statetion or other persons dealing with the Land Transfer Office,” to ment of claim. The application made to Mr. Justice KEKEWICI, exam.iners of title, surveyors, and other persons as provided by the to whom the action has been transferred, was for leave to amend rules, is still far from satisfactory; and a strong effort will have to the statement of claim by inserting the words that had been be made to supplement it by an express proviso to the effect of the struck out. The learned judge, not being satisfied that he had the clause we suggested in April last (ante, p. 422), which was taken jurisdiction to make the order, refused the application. It transfrom the South Australian statute relating to land transfer. pired that the application was made to Mr. Justice KEKEWICH, not

so much with the expectation of its being granted, as with a view to giving the plaintiff an assured position when applying to the

Court of Appeal. It is difficult to see how any hesitation on the A VENERABLE and learned county court judge, the “father” of part of the learned judge could have arisen. If he has power to the county court bench, has had a very singular adventure. He vary or reverse an order made by one of his colleagues in the seems to have wandered from his distant Northern Circuit to this Chancery Division, where is he to draw the line? And how far wicked Metropolis, and to have fallen into the hands of an inter- may he go without infringing on the jurisdiction of the Court of viewer. He has been made to disclose his opinions as to the Appeal? The latter court will, if necessary, solve this question. extent of his judicial labours and the way in which he has done his judicial work (on which points his opinions are favourable); also on “the British House of Commons” and the " legal bigwigs in town” (on which his opinions are less favourable). His "facial contortions," his “ eloquent smile," and his mode of REMOTENESS IN BEQUESTS TO CHILDREN. sitting back "somewhat haughtily in his chair, have also been The case of Re Coppard's Estate, Howlett v. Hodson (35 W. R. duly noted, and these opinions and habits have been disclosed 473, 35 Ch. D. 350), ought not, we think, to be passed over with. in the columns of the Pall Mall Gazette to an eagerly interested out notice. The case was this :- A testatrix directed that her public. He has also been represented as holding a conversation trustees should hold one moiety of the residue of her estate "upon on the extension of county court jurisdiction, from which the trust for the benefit of the children or child of my said nephew, following are extracts :

William Hodson, to be vested interests in them as to such of them «« Well, and what kind of a tale have you to tell, Judge INGHAM, after as shall be sons or a son on their or his respectively attaining the your lifetime of legal toil ? Not a bad one ; that which cannot be age of twenty-five years, or being daughters or a daughter on their altered must be tolerated and made the best of. I have always striven to do the best with the material at hand. But the ridiculous limit that respectively being married before that age, which shall first

or her respectively attaining the said age of twenty-five years, or back. * And you propose—what?' 'I

happen.' William Hodson was still living. He had seven chil. jurisdiction be extended.'

But what would be the benefits arising dren, all infants, four having been born in the testatrix's lifetime

'In the first place a suitor could go to law and three since her death. The eldest daughter of William Hodson without the prospect of ruination in the matter of costs in case of failure. Secondly, we consider ourselves better fitted to deal with local

was married in February, 1887. Mr. Justice Stirling held, on the cases from a local point of view than the judges of the higher courts, authority of Elliott v. Elliott (12 Sim. 276), that the fund was who cannot be expected to be conversant with something they never pre divisible between such of the four children living at the death of viously heard about. In my own case I have worked my present circuit the testatrix as being sons might attain twenty-five or being for forty years, and, knowing the fads and fancies of the districts, I am daughters might attain that age, or marry, and that the daughter better able to grasp the innumerable questions that crop up. Thirdly, who married in 1887 had at the present time alone become entitled and most important of all-the judges of the higher courts would be relieved of most of their work, which, as matters go at present, of neces

to a vested interest. eity is subjected to considerable delay. But,' continued Judge INGHAM, It is clear that had the age mentioned in the will been twentywith an eloquent smile whose meaning was plain to be seen without a word of text, I don't suppose the judges want easing of any work—in testatrix would, subject to fulfilling the condition as to age or

one instead of twenty-five, the children born after the death of the fact, when such a proposal is even broached, they it is who oppose it The one object seems to be to retain as much work as

marriage, have been entitled to share with the other children. possible in London.' ÎNGHAM, that the legal big-wigs in town are bent upon thriving out of would have made the gift obnoxious to the rule against perpetuities, nourishment that really belongs to their country cousins, if the latter were Mr. Justice Stirling was warranted, on the authority of Elliott

But surely you don't mean to say, Judge The question to be considered is whether, as such a construction supposed to be incapable of dealing with a county court case in which Elliott, in deciding that the gift was confined to the children

living at the testatrix's death, instead of holding that it was Far away in the distance, immediately behind a conglomeration of altogether void ; and we shall endeavour to shew that the decision the county court are elaborated and the judges given an unshackled Elliott was in point as a precedent, but we contend that that case

was not justified. We are not concerned to deny that Elliott v. ness, dealing with all manner of questions, and wielding a power in the ought not to have been followed.

The learned judge, after noticing that Elliott v. Elliott was


that our

out of such extension ?

tooth and nail.

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657 decided in 1841, after argument, and admitting that he had found question in the suit was whether the gift to the children of T. R. no case since in which it had been followed, said: “Yet, upon the Dimsdale and C. J. Dimsdale was or was not too remote. It does not other hand, I have found none which can be said to be directly in appear to have occurred to the counsel for the plaintiffs (one of conflict with it, or in which it has been dissented from or even whom was the late Mr. Tinney) to contend that the gift might be doubted”; and, after referring to the earlier case of Kevern y. limited to children living at the testatrix's death. Their argument, Williams (5 Sim. 171) as tending in the same direction, his lord- as against the next of kin, was based entirely upon some expresship added, “Therefore I think that, under the circumstances, if sions from which it was conter ded that the vesting was not postElliott v. Elliott is to be set aside, it is for the Court of Appeal to poned, but only the payment. The judgment is very short; Lord do it, and not for me."

Langdale, having taken time to read over the will, said that the Now, certainly in one case at least, dissent or doubt was clearly will was really free from ambiguity; that the vesting was not to expressed with reference to Elliott v. Elliott by no less able a take effect till t.wenty-five or marriage, and that the gift was judge than the late Vice-Chancellor Wigram ; for in Mainwaring therefore too remote. v. Beeror (8 Hare, at p. 48) he said this :-“If the class is to be Having regard, then, to the decision in Griffith v. Blunt, to Viceconfined to the grandchildren in esse at the death of the testatrix Chancellor Wigram's observations as to Elliott v. Elliott, and to the argument is intelligible. In the case of Elliott v. Elliott the the rule of construction enunciated by Lord Selborne in Pearks v. Vice-Chancellor seems to have adopted that construction on the Moseley, we do not hesitate to express our conviction that the ground that it brought the bequest within the rules of law as to decision in Re Coppard's Estate cannot be supported. remoteness, proceeding, I suppose, upon the principle that where a will admits of two constructions, that is to be preferred which will render it valid. The rules of construction cannot, however, be strained to bring a devise or bequest within the rules of law.” It REMISSION OF ACTIONS OF TORT TO THE appears to us that, although this was perhaps an obiter dictum, it

COUNTY COURT. is a strong condemnation by Vice-Chancellor Wigram of the

I. decision referred to. It appears to us also that the rule for the construction of gifts of the class in question laid down in the

[In a short note, some time ago, on the decision of the Divisional House of Lords by Lord Selborne in Pearks v. Moseley (29 W. R. Court in Stokes v. Stokes (35 W. R. 613) we intimated an opinion 1, at p. 2, 5 App. Cas. 714, at p. 719) shews tħat the con- according with the view adopted by the court and recently affirmed struction adopted in Elliott v. Elliott was wrong, and confirms by the Court of Appeal. We have since been favoured with the what was said by Vice-Chancellor Wigram. Lord Selborne said :- following elaborate discussion of the question, and the importance

The rule which has always been applied to cases of remoteness of the matter, as well as the division of opinion to which it has is this: you do not import the law of remoteness into the con- given rise among the profession, seem to justify us in giving the struction of the instrument, by which you investigate the expressed other side of the argument.] intention of the testator. You take his words, and endeavour to HARDLY any subject connected with the administration of justice arrive at their meaning, exactly in the same manner as if there has of late years engaged more earnest attention than the costs had been no such law, and as if the whole intention expressed by attendant on legal proceedings. Whether it be that the general the words could lawfully take effect. I do not mean that, in stagnation of business and the all-prevailing depression have dealing with words which are obscure and ambiguous, weight, even tightened litigants' pockets, or that practitioners have become more in a question of remoteness, may not sometimes be given to the exorbitant, or that greater publicity is now given to the sums paid consideration that it is better to effectuate than to destroy the in- for legal services, certain it is that its expense has become the

but I do say that, if the construction of the words is one most prominent feature in modern litigation. For meeting the about which a court would have no doubt though [qu. if] there popular complaint on this head various expedients have been was no law of remoteness, that construction cannot be altered, or devised; that which has found most favour both with the Legiswrested to something different, for the purpose of escaping from the lature and with the framers the Rules of Court is the developconsequences of that law." We think that had the above ob- ment of county court jurisdiction. This development takes place sertations of Vice-Chancellor Wigram and Lord Selborne been in two ways—one by actual addition, as where a new class of present to the mind of Mr. Justice Stirling he would have been business is by statute brought within county court cognizance ; well justified in not following Elliott v. Elliott.

the other by increased business, as where resort to the county We think we have shewn that Elliott v. Elizott has been dis- court is stimulated in cases in which the High Court has also consented from or doubted, but, moreover, we now come to a case “ in current jurisdiction. Instances of the former kind of development conflict” with it; we refer to Griffith v. Blunt (4 Beav. 248), are furnished by the Employers' Liability Act, 1880, and by the decided in the same month as Elliott v. Elliott, not apparently Acts under which actions and proceedings may be transferred to brought to the attention of the court in the principal case, in which the county court (19 & 20 Vict. c. 108, s. 26; 30 & 31 Vict. c. a decision on a case almost identical with Re Coppard's Estate was 142, ss. 7, 8, 10; 47 & 48 Vict. c. 61, s. 17); instances of the pronounced by Lord Langdale, M.R., quite at variance with latter kind of development are furnished by the statutory pro

Elliott, Lord Langdale having held that the gift was visions and rules of court which take away or diminish costs in too remote. The case was this : A testatrix gave a third part of the High Court where redress might have been had in the county her residuary personal estate to trustees in trust to accumulate the court. Of the various enactments under which a transfer to the same and the interest and to stand possessed of the same and the county court may be effected, the most important is, perhaps, accumulations“ in trust for all and every the child and children of my section 10 of the County Court Act, 1867 (30 & 31 Vict. c. 142) faid two nephews T. R. Dimsdale and C. J. Dimsdale, equally to this and sections 5, 7, and 8 of the same statute are, by section be divided between or amongst them, if more than one, share and 67 of the Judicature' Act, 1867, made applicable to the High share alike, per capita and not per stirpes, the share or shares of Court of Justice. The recent decision of the Court of Appeal in such of them as shall be a son of sons to be an interest or interests Stokesor. Stokes (W. N., 1887, p. 141), affirming the Divisional Fested in him or them respectively at his or their age or respective Court (35 W. R. 613, 19'Q. B.:D. 62), that an action for slander ages of twenty-five years, and the share or shares of such of them may be remitted to the county court, affords a fitting opportunity ne shall be a daughter or daughters to be an interest or interests for inquiring into the true interpretation of the above sections. rested in her or them respectively at her or their age or respective By section 10, then, of the County Court Act, 1867, it is proents of twenty-five years or day or respective days of marriage vided that a defendant against whom an action for malicious with the previous consent of her or their parents or guardians, prosecution, illegal arrest, illegal distress, assault, false imprisonwhich shall first happen." The testatrix died in 1832. T. R. ment, libel, slander, seduction, or other action of tort is brought Dimsdale and C. J. Dimsdale survived her. The plaintiff's were in a superior court may apply for an order to remit the action to their only children and were all under the age of twenty- the county court on an affidavit that the plaintiff has no visible

a daughter, had married with the means of paying the costs of the defendant in the event of the freis. it appears (see p. 373) that "the youngest child was Pudicature Act, 1873, it is provided that sections 5, 7, 8, and 10 twelve years old at the institution of the "cuit in 1840. The of the County Court Act, 1867, shall apply to all' actions com

tention ;

Elliott v.

fire, and one, who was consent of her father.

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