Page images
PDF
EPUB
[ocr errors]
[ocr errors]

the Board of Trade, in case of applications conflicting with that of a local authority, will give preference to the application of the local authority.

ALLOTMENTS.

MENTS.

license may be granted to any "local authority" (i.e., by section 31 and schedule, to any municipal corporation or local board), or to any company or person." If the applicants be not themselves a local authority, the consent of the local authority is required to the application. Public notice of every application is to be given by advertisement in every case "in such manner and including such particulars as the Board of Trade may from 45 & 46 VICT. c. 80.-AN ACT FOR THE EXTENSION OF ALLOTtime to time direct or approve.' In connection with this important requirement, which is repeated with greater precision by section 5, we observe with regret, that though section 5 requires the Board of Trade rules to be laid before Parliament, if sitting, and also appears to fix all parties concerned with constructive notice of them, there is no provision for any special mode of publication in the Gazette or elsewhere. A set of rules has been already issued, and is, we believe, obtainable at the Stationery Office. The license, when granted, "is to be for any period not exceeding seven years," but may be renewed (section 3, sub-section 2), and also (section 3, sub-section 8) may be revoked, where the licensees fail to perform their duties in relation to the supply of the electricity.

The great distinction between the provisional order (section 4) and the license appears to be that no consent of the local authority is required, in the case of an application for an order, but that only notice to such authority need be given. The object of requiring the notice to be given is to enable local authorities (not being themselves applicants) to object to the granting of the provisional order, and here again such authorities are completely dependent on regulations of the Board of Trade, except as to the date of the notice. This, "in the case of any application made during the present year," is to be deemed to be given in due time if given "within one month after the passing of the Act," whereas, in succeeding years, it must be given on or before the first day of July in the year in which the application is made."

This Act is an extension of a principle which may be found embodied in 59 Geo. 3, c. 12, ss. 12, 13; 1 & 2 Will. 4, c. 42, and 1 & 2 Will. 4, c. 59, in addition to the better known 2 Will. 4, c. 42, referred to in the preamble. The Acts we have mentioned give power to churchwardens and overseers in any parish to hire at the parish expense as much as fifty acres of land in any parish for the purpose of letting such lands out in portions to "poor and industrious inhabitants." These Acts have probably not been used much (if at all), because the consent of the inhabitants in vestry assembled is required, but they remain upon the Statutebook, and are mentioned in the Poor Allotments Management Act, 1873. The Act 2 Will. 4, c. 42, has very much the same effect, but it applies only to cases where allotments have been made under Inclosure Acts. The present Act applies only to lands held by trustees for the benefit of the poor, "and whereof the rents or produce are distributed in gifts of money, doles, clothing, bread, or other articles of sustenance or necessity," and in cases where the lands are not "otherwise used for the enjoyment or general benefit of the inhabitants." Such lands are by section 4 of the Act to be let by the trustees to "cottagers, labourers, and others." The amount of the rent seems to be left to the discretion of the trustees, but section 13, sub-section 2, seems to point to a rack rent. If the lands are inconveniently situated, the trustees may let them at a rack rent and hire others in lieu thereof, for the purposes of the Act (section 5). It will be remembered that some opposition was offered to the Act by the The language in which the control of Parliament is preserved is Charity Commissioners. This seems to have been averted by the curious. "The Board of Trade," it is said (section 4, sub-provision of section 9, that the rules which may be made by the section 2), may submit to Parliament for confirmation any pro-trustees under the Act must be submitted to the commissioners, visional order granted by it in pursuance of this Act, but any such order shall be of no force unless and until it is confirmed by Act of Parliament." This is copied from section 297, sub-section 3, of the Public Health Act, 1875. We have not heard of any difficulty arising out of that enactment, but we observe that no time is limited within which the order is to be submitted to Parliament, as is the case with draft certificates under the Railways Construction Facilities Act, 1864, which must be submitted to Parliament in seven days under section 12 of that Act. So much with regard to applications for licenses and orders.

[ocr errors]
[ocr errors]

When the license or special Act (whether preceded or not by an order) is in force, the undertakers, it is said in the 6th section, "shall be subject to such conditions as may be inserted" in the license, order or Act in respect to (inter alia) the securing a regular supply, the limitation of the prices to be charged, and "the authorizing inspection and inquiry from time to time by the Board of Trade and the local authority." The expenses of the local authority, including any expenses of obtaining or opposing a license, &c., may be defrayed out of the local rates (section 7), and power to borrow money is also given (section 8). Land may be acquired for the purposes of the Act, but only by agreement (sections 10 and 12). There are considerable restrictions upon the breaking up of streets and above-ground works (sections 13 and 14). No special form of lamp or burner may be prescribed (section 18). There are elaborate provisions for the protection of the telegraphic lines of the Post Office (section 26). The local authority has power to compulsorily purchase the undertaking "within six months after the expiration of a period of twentyone years, or such shorter period as is specified in that behalf in the application for the provisional order or in the special Act"; and "nothing in the Act is to exempt the undertakers or their undertaking from the provisions of any general Act relating to the supply of electricity which may be passed in this or any future session of Parliament (section 34). Such are the main provisions of this important statute. It will be seen that they may be much amplified or restricted according to the discretion of the Board of Trade. The "rules and regulations" of that Board, which have been issued under section 5, prescribe (inter alis) that

99

who have power of disallowance, but no power of making rules of their own, except upon an appeal by "any four cottagers or labourers" (section 9). It is also provided that if the trustees neglect to set the Act in motion, the cottagers or labourers "not being less than four " may, by applying to the commissioners, obtain an order setting them in motion (section 10), and that, on application of the trustees, the commissioners may grant a certificate that any particular land is unsuitable for allotment, by force of which certificate the trustees will be excused from proceeding (section 11). The mode and terms of letting are fixed by section 13, which (inter alia) limits the holding of each cottager to one acre, and forbids the erection of buildings. The Act nominally comes into operation at the date of its passing. The "notices of intention to let" are to be given "annually, in the month of June," and the notices of "setting apart a field" in the month of February. In either case the trustees may fix another month by rule if they so please.

Law School, upon "The Public Relations and Duties of the Legal Profes Mr. Eaton, says the American Law Review, in his oration before the Yale sion," said that, "Lawyers are the great office-holding class, who, for that reason, also know more than every other class combined concerning the grave administrative abuses which now threaten and alarm the nation, of their causes, and the fit means for their removal. We may indeed almost say that we have a government of lawyers, a privileged class of professional office-holders. Twenty-four out of the fifty-six sigaers of the Declaration of Independence, and thirty out of the fifty-five members of the convention that framed the Federal Constitution, were of the legal profession. Of the nineteen presidents, all but three, who were generals, have been lawyers; and so have a great majority-perhaps five-sixths-of all the members of the Cabinet. At this moment every Cabinet officer is a lawyer. The greater number of the governors and of their advisers, if not of the mayors of cities, have at all times been of that profession. In the cases in which its members have not been in majority in Legislatures, it is pretty certain that they have been the most influential members, with a controlling voice in framing the laws. What constitution, what important statutes, have they not drafted? In the last Congress more than three-fourths were lawyers. Of the seventy-six members of the present Senate, fifty-nine are lawyers, and only seventeen belong to all other classes of the people.”

CORRESPONDENCE.

THE REMUNERATION ORDER.
[To the Editor of the Solicitors' Journal.]

Sir, The Act under which this Order is made enables the three judges named therein, and the president of the Incorporated Law Society, and the president of one of the provincial law societies (to be selected by the Lord Chancellor), or any three of them, to make general orders for regulating the remuneration of solicitors as to sales, purchases, leases, mortgages, settlements, and other matters of conveyancing and other business not being business in any action, &c., and to revoke such orders. And such orders are not to take effect until they have been laid before Parliament for one month, and may be disallowed upon address by either House. The Order, therefore, recently issued is, I presume, subject to disallowance or revision before the time appointed for its coming into operation.

With regard to such Order I would beg leave to remark upon the absence of the signature thereto of the president of the Incorporated Law Society. Is the inference to be drawn therefrom that the society do not approve of the Order; if so, the public ought to know upon what grounds. The signature of the president of the Law Society of Liverpool indicates that the Order is acceptable to our professional brethren in that city. Judging, however, from recent information in your columns as to their practice on sales by auction, it appears that such practice is so much at variance with that in London that the former is no proper criterion for regulating the latter. For my part, I should be sorry to see solicitors assuming the duties of auctioneers, whose assistance and experience in disposing of property is often very valuable. It would, I think, be derogatory to our position to do this, and I doubt if the interest of the client (which is the chief thing to consider) would be better served by it. Auctioneers' charges are sometimes complained of (and whose are not ?), but competition keeps them within reasonable bounds, and it is always open to agree upon a stipulated fee.

The Act specifies five branches of business which may be dealt with, and the Order deals with only four of them, leaving settlements untouched; and the other matters, not being business in any action, are nowhere. It appears to me that the Order does not go far enough, and that, the principle of an ad valorem fee being admitted, it ought to be extended to every kind of business to which it is possible of application -in fact, every transaction which carries an ad valorem duty to Government. This would include (in addition to the subjects dealt with) transfers and re-conveyances of mortgages, and money settlements. It might also, I submit, be usefully extended to the winding up of money trusts under settlements and wills, a percentage being allowed according to the amount of the fund administered; in aid of which view it may be remarked that solicitors are allowed an ad valorem fee on probates, and that the Administrator-General in India charges a commission on the funds passing under his control.

It seems to me that any regulation which has for its object the abolition of the present odious practice of making up bills of costs by length of documents, letters, and attendances is to be encouraged in the interest of the public as well as of the profession, and comes within the spirit of the Act. And it is to be hoped that during the forthcoming meeting at Hull the whole subject will be thoroughly ventilated, and some action taken with a view to prevent the present Order coming into operation without further consideration, since, judging from the criticisms passed upon it, it would appear very defective and objectionable in many points of detail. S. A. RAM.

23, Red Lion-square, October 2.

£233 at the rate of £6 per centum per annum to the 28th day of Septem. ber, 1882, being the day for payment, making altogether the sum of £267 17s. 2d."

The Paymaster refused to accept such affidavit as not being in the words of the order, and our client, A. B., has now to return the two sums he received on account, and depose to the whole amount mentioned in the order. Of this our client complains, and we think naturally so, the amount deposed to being less than that mentioned in the order.

form.

We should have thought that in these days of equity the Paymaster would have been empowered to accept the affidavit in the above We must apologize for occupying your space in this manner, but unless the order and affidavit are set out at length, we are afraid that your SOLICITORS. readers will not see our client's grievance. London, October 2.

"ACCOUNTANTS IN BANKRUPTCY."
[To the Editor of the Solicitors' Journal.]

Sir, The enclosed, if it does not call for special notice in your journal, may be of some interest.

Notice the Royal Arms, and the subscription "Officer of the Court," also the "N.B."

Altogether it is about the most subtle circular of its class that I have

ever seen.

It was sent to a person who was in pecuniary difficulties. 38, Old Jewry, London, E.C., Sept. 30. EDWARD SWAIN. [The following is the circular enclosed, which bears at the top an impressed stamp of the Royal Arms:

"Traders in difficulty are advised to lose no time in consulting the undersigned, who, from his long and varied experience in this special branch of the law, is well qualified to assist them.

promptly stayed, as likewise are police committals, while bill of sale "Actions in the Superior, Lord Mayor's, or County Courts are holders are restrained from removing or selling.

"This office aims at effecting an arrangement with creditors, without resorting to liquidation, whereby the trader continues in business uninjured, and there is a fund from which loans can be granted to pay the composition, or to enable the debtor to purchase his estate, in the unusual event of liquidation. Consultation free.

"Mr. THOS. HANSON,

[blocks in formation]

THE CHANCERY PAYMASTER'S OFFICE. [To the Editor of the Solicitors' Journal.] Sir,-Allow us to point out what seems to be a case of "red tape" at the Paymaster's Office.

By an order it was directed that, out of the proceeds of sales and dividends thereinbefore directed to be carried over to the credit of the said ●use, "The account of X. Y. and her incumbrancers," £274 03. 2d. certi fied to be due to A. B. in respect of his mortgage, and £14 15s. 10d. for costs as between solicitor and client, together with interest on the said £274 08. 2d. at the rate of £6 per centum per annum from the 9th of August, 1880, until the day for payment (the day for payment, the amount of interest, and the total amount payable to be ascertained by affidavit), be paid, &c.

The affidavit verifying the amount was made by the said A. B., and was as follows:-"There is due to me the sum of £233, being the sum of £274 Os. 2d., certified to be due to me in respect of my mortgage after deducting two sums paid by X. Y. mentioned in the said order to me since the said sum of £274 0s. 2d. was so certified, and £14 15s. 10d. for costs as between solicitor and client, mentioned in the said order, and the sum of £20 1s. 4d. for interest (less property tax) upon the said sum of

It is stated that the Nottingham Corporation has succeeded in getting a special health provision inserted in a local Act by which every householder is required to notify to the health officer any case of infectious disease which arises under his roof.

Mr. Justice Lawson, says the Pall Mall Gazette, has for some time been engaging his leisure in turning a collection of popular evangelical and other hymns into Latin verse. Sometimes the Horatian metres are followed, bat more commonly the learned judge has sought to gain the exact measure of the original. Several of the bymns are rendered with exquisite grace and

taste.

At the Guildhall Police Court on Wednesday, George William Bardrick, clerk, and Charles Gold were brought up, on remand, on the charge of having stolen foreign bonds and obligations to the amount of over £12,000. Bardrick was further charged with embezzling money to the extent of about £500, belonging to Messrs. Desborough & Sons, solicitors, of 18, Finsbury-pavement, the prisoners' masters. The prisoners were committed for trial.

CASES OF THE WEEK.

BEFORE THE VACATION JUDGE. CONTEMPT OF DEFENDANT-COSTS OF DISCHARGE FROM CUSTODY.In the case of Clark v. Dyson, before Day, J., on the 27th ult., the defendant, who had been committed for non-payment of money into conrt, but who had since paid in the sum ordered, moved for his discharge from custody. Counsel for the plaintiff opposed the motion, on the ground that the defendant had not paid the costs of his contempt. DAY, J., said that he felt bound by the decision of Hall, V.C., in Jackson v. Mawby (L. R. 1 Ch. D. 86), but added that the practic in the common law division was tɔ make the prisoner pay the costs of contempt before getting his discharge, a method of punishing him which appeared reasonable.-SOLICITORS, Neal; Gregory & Co.

TRANSFER OF ACTION.-In the case of Waites v. Waites, before Day, J., en the 27th ult., a motion was made for the transfer of the action from the county court to the High Court. It was an action for the administration of a one-seventh share of the residuary estate of a testator, the share being £443, or thereabouts. DAY, J., made the order on the ground that the action really involved the administration of the whole estate.

MOTION TO COMMIT.-In the case of Owen v. Evans, before Day, J., on the 27th ult., counsel on behalf of the plaintiff moved to commit an executor for not having paid £500, part of a larger sum, into court, in accordance with an order of the court, and also for not bringing into court a box with bills of exchange of some value. Counsel for the defendant said that the £500 had been paid in since the notice of motion, and that plaintiff knew, before serving the notice, that it was going to be paid in, and that defendant was unable to comply with the other part of the order, inasmuch as his late solicitors claimed a lien on the box in question, and refused to part with it until their costs were paid. DAY, J., refused to make the order. The money was paid in, and the plaintiff could bring the solicitors before the court and compel delivery up of the box.-SOLICITORS, Bloxam & Ellison; Williamson & Co.

amongst the members of the society. It will be remembered that Mr. Wolstenholme is of opinion that a purchaser from the authority will in case of eviction have no remedy whatever. Until the sanitary authority alter their practice, and either deduce such a title as is usually furnished by other vendors or enter into absolute covenants for title, the council can only recommend the members of the society, when consulted by their clients, to inform them of the risks they run in becoming purchasers or mortgagees of the salvages.

The council, at the request of the Bristol Law Students' Society, have subscribed £15 for the first and £10 for each of the two succeeding terms of 1882 towards law lectures. Mr. J. Macpherson was appointed lecturer. and Mr. R. L. G. Vassall. Mr. H. F. Lawes, whose term of office would The members of the council retiring by rotation are Mr. G. H. D. Chilton also have expired at the present meeting, retired from the council in Novem

ber last.

examination in the Library. During the past year eighty-two candidates have attended the preliminary

After discussion of the matters referred to in the report, the same was received and adopted. Mr. John Miller was appointed president, and Messrs. Harwood and Parr vice-presidents, for the en ung year; and Messrs. Bigg, Cox, and E. E. Salmon to be on the council in place of the retiring members.

[ocr errors]

LAW STUDENTS' JOURNAL.

BIRMINGHAM LAW STUDENTS' SOCIETY.

Restall in the chair. The subject for debate was-Does mere voluntary A meeting of this society was held on Tuesday, September 26, Mr. W. S. presence at the commission of a criminal act (e.g., a prize-fight) constitute at law an aiding and abetting' of that act?" (R. v. Coney and others, L. R. 8 Q. B. D. 534.) The speakers for the affirmative were Mesura. A. Smith, Robinson, E. C. Rogers, and Coley, and for the negative Mr. Cochrane. The moot was decided in favour of the affirmative.

SOCIETIES.

BRISTOL INCORPORATED LAW SOCIETY. At the twelfth annual meeting of the Bristol Incorporated Law Society, held on the 29th of September, 1882, the following report of the council was read:Pursuant to the articles of association, the council present their annual report. During the session of 1882 several Acts of Parliament affecting the administration of the law in England have received the Royal assent. The following are the more important:-An Act to render judgments obtained in certain inferior courts in England, Scotland, and Ireland, respectively, effectual in any other part of the United Kingdom; an Act for facilitating sales, leases, and other dispositions of settled land, and for promoting the execution of improvements thereon; an Act for further improving the practice of conveyancing, and for other purposes; an Act to amend the Bills of Sale Act, 1878; an Act to amend the law relating to costs and salaries in county courts; an Act to codify the law relating to bills of exchange, cheques, and promissory notes; an Act to consolidate and amend the Acts relating to the property of married women.

Under the authority of the Solicitors' Remuneration Act, 1881, a General Order has been made for prescribing and regulating the remuneration of solicitors in respect of business connected with conveyancing, and in respect of other non-contentious business. The Order, which is expressed to take effect from and after December 31, 1882, is published in the SOLICITORS' JOURNAL of the 19th of August last, and also in other legal newspapers. The Order has been laid before each House of Parliament, pursuant to the 6th section of the Act. Your president has attended several meetings in London of the Committee of the Associated Provincial Law Societies, held to consider and discuss the subject, and has devoted much time and trouble to the settlement of the

draft order.

In accordance with a resolution of the last annual meeting on the subject of solicitors' contract fees on sales by auction, a meeting of the solicitors practising in this city was held in November last, at which the resolutions were passed of which copies were forwarded to the members of the society. The result has been that in the majority of sales now held in this city and neighbourhood, the practice of charging purchasers with fees payable to the vendors' solicitors has been abandoned. With regard to the fees payable to auctioneers, a committee of the council met the leading auctioneers of Bristol and agreed upon a scale of payment. In many sales, however, the custom of providing for payment by the purchaser of the auctioneer's fee still prevails; and although it would be convenient that a uniform practice of the auctioneer being paid by the vendor should be established, the question by whom the auctioneer is to be paid may perhaps be reasonably left for the decision of the vendor in each case.

The Streets Improvement Committee of the Bristol Sanitary Authority still adhere to the practice of excluding the purchasers of their salvages from requiring any title or any covenants for title. A case submitted to Mr. Wolstenholme, one of the chancery conveyancing counsel, on behalf of a purchaser of salvages, and the opinion thereon, has been printed by the council and circulated

OBITUARY.

MR. CHARLES JOHN PALMER, F.S.A.

Mr. Charles John Palmer, F.S.A., solicitor and notary, died at Yarmouth, on the 24th ult., from paralysis. Mr. Palmer was admitted a solicitor in 1827, and he had practised for over half a century at Yarmouth. He had a large private business, and was formerly Receiver of Wreck for the Admiralty at Yarmouth. He was for several years secretary to the Yarmouth Waterworks Company, and solicitor to the Wellington Pier Company and to the Victoria Building Society. Mr. Palmer was a notary public, and a perpetual commissioner for the counties of Norfolk and Suffolk. He formerly took an active part in municipal business. He had been twice mayor of Yarmouth, and was for several years an alderman of the borough. He was also one of the trustees of the borough charities. Mr. Palmer had a considerable local reputation as an antiquarian, and a few years ago he published “A Peramubulation of Great Yarmouth." He leaves a widow but no children.

LEGAL APPOINTMENTS.

Sir JOHN GORRIE, Chief Justice of Fiji, has been appointed Chief Justice of the Leeward Islands, in succession to Sir Henry James Burford Hancock, who has been appointed Chief Justice of Gibraltar. Sir J. Gorrie is the son of the Rev. Daniel Gorrie, and was born in 1829. He was admitted a member of the Faculty of Advocates in Scotland in 1856, and in 1869 he was appointed Substitute-Procureur and Advocate-General for the Mauritius. In the following year he became a puisne judge for that colony, and in 1876 he was appointed Chief Justice of Fiji. He received the honour of knighthood a few months ago.

Coroners for the County of Westmoreland, in succession to his partner, the Mr. JOHN BOLTON WILSON, solicitor, of Kendal, has been elected one of the late Mr. Christopher Gardner Thomson. Mr. Wilson was admitted a solicitor

in 1874.

Mr. SYDNEY TWENTYMAN JONES, barrister, has been appointed a Puisne Judge of the High Court of Justice for the Colony of Griqualand West. Mr. Justice Jones was called to the bar at the Middle Temple in Michaelmas Term, 1873.

Trevenen), of Carlisle, has been appointed a Commissioner to administer Mr. SYDNEY WILLIAM TREVENEN, solicitor (of the firm of Clutterbuck & Oaths in the Supreme Court of Judicature.

Mr. EDGAR FRANCIS JENKINS, Solicitor (of the firm of Brooks & Jenkins), of 7, Godliman-street, 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. Jenkins has also been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

Mr. ALFRED HENRY GARDNER, solicitor (of the firm of Wightwick & Gardner), of Folkestone, has been elected Clerk to the Folkestone School

Board. Mr. Gardner is treasurer for the borough of Folkestone. He was admitted a solicitor in 1880.

Mr. JAMES BUCHANAN, recorder of Griqualand West, has been appointed President of the High Court of Justice for the Colony of Griqualand West.

DISSOLUTIONS OF PARTNERSHIPS.

JOHN CHARLES CARR and PHILIP THORNTON, solicitors, 23, Rood-lane, London (Anthony Carr, Son, & Thornton, late Anthony Carr & Son). September 27. ROBERT T. WRAGG and A. S. B. EDWARDS, solicitors, 11, Great Saint Helene, London. September 20. [Gazette, September 29] WILLIAM WELLINGTON COOPER, juD., and ARTHUR AUGUSTUS REES, 4, Broad-street-buildings, London, solicitors (Cooper & Rees). September 29. RICHARD EDMUNDS and GEORGE PENFOLD HOLMES, 10, Bedford-row, Worthing, Sussex, solicitors (Edmunds & Holmes). September 29. [Gazette, October 3.]

COMPANIES.

WINDING-UP NOTICES.

JOINT STOCK COMPANIES.
LIMITED IN CHANCERY,

AGRICULTURAL AND GENERAL ENGINEERING COMPANY, LIMITED.-By an order made by
Day, J., dated Sept 20, it was ordered that the company be wound up. Tibbitts and
Son, Gray's inn, solicitors for the petitioners
C. W. MEITER AND COMPANY, LIMITED.-By an order made by Day, J., dated Sept 20,

it was ordered that the company be wound up. Drake and Co, Rood lane, solicitors for the petitioner MILLINERY AND DRESS ASSOCIATION, LIMITED.-By an order made by Day, J., dated Sept 20, it was ordered that the association be wound up. Rooks and Co, King st, Cheapside, solicitors for the petitioners NORTHGATE BOOT AND SHOE MANUFACTURING COMPANY, LIMITED.-By an order made by Day, J., dated Sept 20, it was ordered that the winding up of the company be continued. Wright, Fenchurch bldgs, solicitor for the petitioner SIMON'S REEF CONSOLIDATED GOLD MINING CORPORATION, LIMITED.-Petition for winding up, presented Sept 28, directed to be heard before Fry, J., on Friday, Nov. 3. Gush and Phillips, Finsbury circus, solicitors for the petitioner [Gazette, Sept. 29.] CAPITAL FIRE INSURANCE ASSOCIATION, LIMITED.-Petition for winding up, presented Sept 18, directed to be heard before the Vacation Judge, at the court of Hall, V.C., on Oct 11. Nokes, Queen Victoria st, solicitor for the petitioners

UNLIMITED IN CHANCERY.

[Gazette, Oct. 3.]

No. 2 PERMANENT MONEY SOCIETY.-Petition for winding up, presented Sept 27, directed to be heard before North, J., in the court of Hall, V.C., on Wednesday, Oct 11. White and Sons, Bedford row, agents for Burton, Birmingham, solicitor for the petitioners [Gazette, Sept. 29.1 FRIENDLY SOCIETIES Dissolved. EBENEZER BENEFIT SOCIETY, DERBY, Wesleyan Reform Chapel, Barrow Hill Staveley Works, Derby, Sept 21 ROCK OF HOPE LODGE, NO. 9, INDEPENDENT ORDER ODD FELLOWS, Prince of Wales Inn, WALLHEATH FRIENDLY SOCIETY, Wallheath, Stafford. Sept 23 [Gazette, Sept. 29.) BREWERS, CHESTERS, AND GALLEY QUAYS PROVIDENT SOCIETY, Brewers' Quay. Sept 30 TRUE BRITON FRIENDLY SOCIETY, Poyers' Arms, Templeton, Pembroke. Sept 27 [Gazette, Oct. 3.]

Allerton, York. Sept 26

[blocks in formation]

HAYWARD, MARTHA, Bath. Oct 31. Clark and Collins, Trowbridge

LEGAL NEWS.

on

An exposure of a class of fraud believed to be very common, but which is at the same time very difficult of detection, took place at the Doncaster Borongh Sessions, on Thursday, September 28, in a case tried before the recorder, Mr. Edgar Meynell. William Haife, farmer, was indicted for having attempted to obtain the sum of £15 18s. 3d. by false pretences. Lawrence Gane and Shirley prosecuted; Beverley defended; and Cordeur watched the case behalf of a witness. The defendant was the outgoing tenant of a farm, and made a claim on the incoming tenant for seeds and dissolved bones which he said he had put on the land. In support of his assertion he produced a num. ber of receipted bills from various tradesmen for seeds, &c., supplied in the last year of his occupancy. The valuers in the matter not being able to agree, an umpire was appointed, and the receipted bills came before him in due course. The valuer for the incoming tenant, however, suspected the genuineness of these documents, and, on inquiry, it turned out that the tradesman who had given them had not really supplied the goods specified therein; or, at all events, had not supplied them in 1881, as stated. For the defence it was objected that the false pretences were too remotely connected with the attempting to obtain the money, which would only have become payable if the umpire had decided in favour of the outgoing tenant's claim; and the cases of Reg. v. Gardner (7 Cox C. C. 136) and Reg. v. Larner (14 Cox, 497) were cited in aid of the objection: but it was answered by the prosecution, and held by the learned recorder, that these cases must be treated as overruled by Reg. v. Martin, so that the intervention of the umpire's award made no difference. In going to the jury, Beverley contended that, though the dates on the receipts were wrong, there had been no intentional fraud, the seeds and manure simply having been held over for one or two years, and having been actually put on the farm in 1881. The jury, however, convicted the prisoner, at the same time recommending him to mercy on the ground of his age and previous good character; and he was sentenced to six weeks' imprisonment with hard labour. Doncaster being the centre of an important agricultural district, the case excited considerable local interest.

At the commencement of the business at the Manchester City Police Court on Monday, strong testimony was borne to the worth of Mr. T. Higsor, late clerk to the justices, who died a few days ago. Mr. H. J. Leppoo, who, with Mr. T. Dale, occupied the bench in No. 1 Court, said that Mr. Higson was the first clerk appointed, and on his appointment he had to teach the justices their work. He (Mr. Leppoc) could not find words to describe the way in which Mr. Higson performed his task, and he could not too highly praise the honesty and integrity, as well as the ability, with which Mr. Higson had always performed his duties. Mr. W. Cobbett, addressing the court, said that as Mr. Leppoc had alluded to the death of Mr. Higson be might, perhaps, be allowed to say a word or two upon the matter. No one opportunity of seeing Mr. Higson in the discharge of his duties as head of who had practised for any length of time in that court, who had had the the large official staff there, could doubt that as head of that staff he was the right man in the right place. He most undoubtedly possessed a mind of the shrewdest and keenest character, and he employed it with the greatest discretion and temper in the performance of his duties. Alderman Bennett, who presided in the Second Court, said that the advice Mr. Higson gave was always safe to follow, and no appeal against the decisions of the magistrates was successful when his advice was acted upon. The loss of Mr. Higson was very much regretted. The justices would never have a clerk in whom more confidence could be placed. Mr. C. H. Rickards, who entered the court at noon, after having specially travelled some distance, said that, as the senior magistrate on that bench, he had been associated with Mr. Higson for nearly thirty years, and he should have been very glad if he had been able to join his brother magistrates in expressing their very deep regard for Mr. Higson. He had had ample opportunity of judging of Mr. Higson's integrity. The services that he had conferred upon this town and community during the long period of forty-three years were of the very greatest value. In times of civil commotion, by his legal diplomacy, his good sense and good feeling, he stopped almost in its birth one of the great political convulsions, at the time of the Chartist riots, in, he believed, the year 1848. With great calmness and careful judgment, which did not allow to protect the honour and interests of the community.

HUGHES, WILLIAM, Kington, Hereford, Retired Grocer. Nov 1. Bodenham and Co, him hastily to form a conclusion, he advised the court in euch a manner as

Kington

IVE, CHARLES, Ruislip, Farmer. Nov 1. Woodbridge, Uxbridge

LILLEY, JAMES, Royston, Cambridge, Gent. Oct 31. Wortham and Dalton-Nash, Royston

MCFARLANE, JOSEPH, Wilkin House, near Ashover, Derby. Oct 20. Ansell, Birming

ham

[blocks in formation]

At the Stock and Share Auction Company's sale, held on the 5th inst., at their sale-room, Crown-court-buildings, Old Broad-street. E.C., the following were among the prices obtained :-F. Braby & Co. (Limited) £10 shares, £9 paid, 9; Chalet Company £5 shares, £7 3s. 6d. ; New Orleans and Mobile Railway 1,000dols. bond, 20 per cent.; Mourts Bay Consols, 15.; African Gold Coast Syndicate, 30s.; Madras Gold Mining, 59.; Port Phillip and Colonial Gold Mining, 4.; Maxim Weston Electric Light, 15s.; and other miscellaneous securities fetched fair prices.

BIRTHS.

BIRTHS, MARRIAGES, AND DEATHS. EVANS.-Sept. 17, at Ty Issa, near Aberystwyth, the wife of G. H. P. Evans, of Lovesgrove, Cardiganshire, barrister-at-law, of a daughter. FRYER.-Sept. 30, at Hall Place, Bexley, Kent, the wife of G. E. S. Fryer, tarrister-at-law, of a son.

GORDON.-Sept. 27, at 10, Gledbow-gardens, South Kensington, the house of her mother, the wife of W. H. Lockhart Gordon, barrister-at-law, prematurely, of

[ocr errors]

LOCK.-Sept. 26, at 30, Qufen-square, W.C., the wife of B. Fossett Lock, barris'er-at-law, of a son.

RATCLIFF.-Oct. 2. at 11, Stanley-gardens, Belsize-park, the wife of Thos. Wm. Ratcliff, barrister-at-law, of a son.

TAYLOR.-Sept. 24, at Curzon-park, Chester, the wife of Henry Taylor, solicitor, of a daughter.

WILSON.-Sept. 21, at Felix House, Brixton-rise, S W., the wife of David Henry Wilson, M A., LL.M, barrister-at-law, of a son.

LONDON GAZETTES.

Bankrupts.

FRIDAY, Sept. 29, 1882.

Under the Bankruptcy Act, 1869.

Creditors must forward their proof of debts to the Registrar.

To Surrender in London.

Bensilum, Nino, Torrington sq, Gent. Pet Sept 26. Hazlitt. Oct 10 at 11.30
Francis, S
Horseferry rd, Westminster, Oil and Colour Man. Pet Sept 27.
Pet Sept 20.

Hazlitt. Oct 17 at 12.30
Snelling, Arthur, Boyle st, Burlington gardens, Money Scrivener.
Hazlitt. Oct 11 at 12

To Surrender in the Country.
Bildt, Axel Theodor, Newcastle upon Tyne, Timber Merchant. Pet Sept 25. Daggett.
Newcastle, Oct 12 at 11

Booth, John, Audley, Stafford, Farmer. Pet Sept 27. Tennant. Hanley, Oct 12 at 11 Bunting, Thomas Henry, Barton under Needwood, Stafford, Painter. Pet Sept 27. Goodger. Burton on Trent, Oct 18 at 1.30

Hyatt, Charles Edward, Freemantle, Southampton, Grocer. Pet Sept 21. Daw, jun. Southampton, Oct 12 at 12

Leonard, Hugh, Torquay, Devon, Travelling Draper. Pet Sept 27. Daw. Exeter, Oct

12 at 3

[blocks in formation]

Andrew, Richard, and James Gott, Manchester, Cotton Goods Manufacturers. Oct 12
12 at 2.30 at office of Makinson and Co, Blackfriars rd, Manchester
Bagnall, George, Derby, Butcher. Oct 11 at 11 at office of Greaves, Old Bank chmbrs,
Irongate, Derby

Bayliss, George, New Inn, nr Cheltenham, Innkeeper. Oct 11 at 11 at office of Clark,
Regent st, Cheltenham

Beer, Joseph, Cerne Abbass, Dorset, Currier. Oct 16 at 11 at Royal Oak Inn, Dorchester. Weston, Dorchester

Bell, John, Newcastle-upon-Tyne, Cartman. Oct 11 at 2 at office of Joel, Newgate st, Newcastle-upon-Tyne

Bennett, William Thomas, Birmingham, Builder. Oct 12 at 3 at Grand Hotel, Colmore row, Birmingham. Tyndall and Co, Birmingham

Benson, Robert, Lancaster, Painter. Oct 12 at 2 at office of Johnson and Tilly, Sun st, Lancaster

Berry, Joseph, Nottingham, Boot Manufacturer. Oct 13 at 3 at office of Buckley, Gresham chmbrs, Nottingham

Birch, Thomas John, Margate, Fly Proprietor. Oct 16 at 3 at office of Gibson, Union cres, Margate

Birtles, Abel, Tittensor, Stafford, Canvasser for Sewing Machines. of Hollinshead and Moody, Tunstall

Oct 7 at 11 at office Bleasdale, Charles, Barrow in Furness, Lancaster, out of business. Oct 5 at 11 at Trevelyan, Temperance Hotel, Dalkieth st, Barrow in Furness. Hudson, Barrow in Furness

lane

Bound, George Grey, Chislehurst, Kent, Butcher. Oct 16 at 2 at office of Rae, Mincing Braddock, Samuel, Sutton within Macclesfield, Chester, Watch and Clock Maker. Oct 11 at 3 at office of Bullock, Park Green, Macclesfield

Cayard, Julius, and Herbert Alston Whitaker, Bradford, York, Silk Spinners. Oct 11 at 11 at White Lion Hotel, Halifax. Brook and Co, Huddersfield

Cheetham, Thomas, Wrexham, Denbigh, Innkeeper. Oct 13 at 12 at office of Jones, Bank st bldgs, Wrexham

Clark, James, Leicester, out of business. Oct 12 at 12 at office of Harvey, Selborne bldgs, Millstone lane, Leicester

Clarke, John, Liverpool, Grocer. Oct 11 at 3 at office of Brabner and Court, Cook st, Liverpool

Clarke, John, Membury, Devon, Carpenter. Oct 14 at 12 at Longbridge Inn, Membury. Tweed, Honiton

Clayton, Arthur, Bouverie st, Fleet st, Printer. Oct 12 at 3 at Inns of Court Hotel, High

Holborn. Hubbard, London Joint Stock Bank chbrs, West Smithfield

Collis, Reuben, Longton, Stafford, Smallware Dealer. Oct 16 at 12.30 at office of Sherdatt, Market st, Kidsgrove

Cook, John Francis, Carlton, York, Farmer. Oct 11 at 3 at office of Unwin, Queen st,

Sheffield

Crossley, James, Rochdale, Lancaster, Fuller. Oct 13 at 3 at office of Jacksons and Godby, Lower Gates, Rochdale

Cunnington, Laura Ann, Woodford, Essex, Schoolmistress. Oct 20 at 4 at the office of Martin, Fenchurch st

Curling, Edward Henry, Whitstable, Kent, Farmer. Oct 13 at 12.30 at East Kent Hotel, Whitstable. Gibson, Sittingbourne

Curran, Peter, Atlantic rd, Brixton, Provision Dealer. Oct 11 at 2 at office of Emmott, Jermyn st, Regent st

Ellis, Edward, Rhyl, Flint, Innkeeper. Oct 11 at 11.30 at Birmingham Arms, Rhyl. Owen, Bangor

Evans, David, Aberdare, Glamorgan, Grocer. Oct 13 at 12 at office of Collins, Broad st, Bristol. Phillips, Aberdare

Fassnidge, John Frederick, Coventry, Warwick, Innkeeper, Oct 16 at 2 at 17, Little Park st, Coventry. Horner, Coventry

Fleck, Frederick Matthew, Waterloo rd, Lambeth, Hotel Proprietor. Oct 12 at 3 at office of Carr and Co, Vigo st, Regent st

Forbes, James, and John Thomas Burn Greening, Stockton on Tees, Travelling
Drapers. Oct 11 at 3 at office of Chesny, Leeds rd, Bradford. Hinton and Bolsover,
Stockton-on-Tees
Goucher, Levi Tom, Sheffield, Chemist, Oct 13 at 12 at Law Society, Hoole's chbrs,
Bank st, Sheffield. Rhodes, Rotherham

Greenhalgh, Frederick Handel, Scarborough, out of business. Oct 16 at 10 at office of
Williamson, Queen st, Scarborough

Griffiths, John, Ruthin, Fish Dealer. Oct 13 at 11.30 at Queen Hotel, Chester. Louis and Edwards, Ruthin

Grigg, Reuben William, Lympstone, Butcher. Oct 13 at 1 at office of Southcott, Post Office st, Bedford circus, Exeter. Vine, Exmouth

Haynes, George Barrow, Fenchurch st, East India Merchant. Oct 18 at 3 at office of Bradley, Mark lane

Hearn, Charles, Ilfracombe, Innkeeper. Oct 16 at 2 at office of Chanter and Co, Bridge Hall chbrs, Barnstaple

Heming, James, and Robert Heming, Birmingham, Grocers. Oct 12 at 11 at office of Jaques, Temple row, Birmingham

Henshaw, Thomas, Buxton, Grocer. Oct 12 at 3.30 at office of Brown and Ainsworth, Hardwick ter, Buxton

Heron, William, Egremont, Cumberland, Engineer. Oct 12 at 2 at office of Mason and Thompson, Duke st, Whitehaven

Heyes, Henry, Upholland, nr Wigan, Lancaster, Farmer. Oct 13 at 3 at office of Healy, King st, Wigan

Holloway, Henry, Willenhall, Tobacconist, Oct 12 at 11 at Globe Hotel, Mount Pleasant, Bilston. Bowen, Bilston

Hooton, Henry, Southport, Lancaster, Builder. Oct 11 at 3 at office of Threlfall, London st, Southport

Hother, Thomas, Aldershot, Army Contractor. Oct 13 at 2 at Guildhall Tavern, Gresham st. Carter and Bell, Eastcheap

Howard, James, Southport, Lancaster, Brewer's agent. Oct 19 at 3 at office of Parr and Sadler, Lord st, Southport

Hughes, John, Ystradyfodwg, Glamorgan, Bootmaker. Oct 12 at 12 at Grand Hotel,
Broad st, Bristol. Morgan, Pontypridd
Jeffs, James, Bishop's Cleeve, nr Cheltenham, Clerk. Oct 12 at 11 office of Clark,
Regent st, Cheltenham

Jewell, Edward, and James Gregory Tapson, Chelsea, Firewood Merchants. Oct 16 at
2 at office of Dutton, Churton st, Pimlico
Johnson, James, Alstonfield, Stafford, Farmer. Oct 17 at 11 at 10, Derby st, Leek.
Challinor and Co, Leek

Johnson, William, Croydon, Dealer in Berlin Wools. Oct 11 at 3 at Green Dragon
Hotel, High st, Croydon. Young, Croydon

Kent, Thomas Smart, Over Darwen, Lancaster, Bootmaker. Oct 16 at 2 at offices of Minor, Brown st, Manchester

Kilby, William, Old st, St Luke's, Stove Manufacturer. Oct 7 at 4 at the Hope, Banner st, St Luke's. Plater, Southampton bldgs, Chancery lane

Kitchen, Thomas Henry, Wallingford, Saddler. Oct 12 at 3.30 at office of Slade, St Marten's st, Wallingford

Knight, James, Kinson, Dorset, Builder. Oct 14 at 11 at office of Aldridge and Aldridge, King st, Poole

Leno, William Clark, Rickmansworth, Hertford, Butcher. Oct 19 at 3 at Town hall, Rickmansworth. Fellows, Rickmansworth

Letton, Sidney George, King st West, Hammersmith, Grocer. Oct 18 at 3 at office of Parkes, Queen Victoria st

Levy, Alexander, Bancroft rd, Omnibus Proprietor. Oct 20 at 2 at office of Mason, Cur

tain rd

[blocks in formation]

Lyon, William, Boston, Lincoln, Grocer. Oct 9 at 12.30 at Red Lion Hotel, Boston Bailes, Boston

Mash, William Waterfield, Forest Hill, Kent, Fruiterer. Oct 19 at 2 at office of Parker and Ponsford, Finsbury-pavement

Mason, William, Milnthorpe, Westmorland, Butcher. Oct 13 at 11 at office of Arnold and Greenwood, Exchange chbrs, Kendal

McGowan, Edward, Ruthin, Denbigh, Grocer. Oct 13 at 3 at Grosvenor Hotel, Chester. Louis and Edwards, Ruthin

Molyneux, David, Northwich, Chester, Timber Merchant. Oct 12 at 11 at office of Fletcher, Winnington, Northwich

Naylor, Isaac, and Charles William Naylor, Newlay, York, Top Makers. Oct 12 at 3 at office of Taylor and Co, Piccadilly, Bradford

Orchard, Francis, Birmingham, Grocer. Oct 12 at 11 at office of Foster, Bennett's-hill, Birmingham

Parsons, James, Cumberland Market, Regent's Park, Harness Maker. Oct 18 at 12 at office of Daniel, Bedford row

Peel, Thomas, Thomas Robert Peel, and John Watson, Manchester, Manufacturers. Oct 11 at 11 at Committee Room, Townhall, Manchester. Boote and Edgar, Manchester

Penu, Alfred, West Croydon, Boot Dealer. Oct 18 at 3 at office of Wood and Wootton, Fish st Hill

Pinder, Charlotte Caroline, and Mary Ann Pinder, Clapham rd, Dealers in Fancy Goods. Oct 19 at 2 at office of Gray, Ludgate hill

Prowse, Reginald Heber, Liverpool, General Produce Broker. Oct 12 at 2 at office of Harris and Gorst, Lord st, Liverpool

Rawson, Charles, Grove ter, Grove Park, Chiswick, Gent. Oct 10 at 2 at office of Lea, Old Jewry chbrs

Rose, John Chase, Reading, Berks, Pawnbroker's Assistant. Oct 16 at 12 at office of Newman, Friar st, Reading

Scholfield, Fred, Weston st, Bermondsey, Licensed Victualler. Oct 20 at 3, in lien of meeting called for Oct 6, at Wine Trade Creditors' Association, Billiter st. Nash and Field, Queen st, Cheapside

Scruby, James, jun, Harlow, Essex, Corn Merchant. Oct 16 at 3.30 at office of Clapham and Fitch, Bishopsgate st Without

Shepherd, Henry, and Robert Shepherd, Wateringbury, Kent, Smiths. Oct 11 at 12 at office of Norton, Earl st, Maidstone

Sleigh, Samuel, Walsall, Grocer. Oct 13 at 11 at Midland Hotel, Birmingham, Wilkin

son and Co, Walsall

Smith, George Ball, Southampton, Coachmaker. Oct 13 at 3 at office of Lamport, Portland st, Southampton

Smith, Stephen, Skegness, Lincoln, Fancy Bazaar Keeper. Oct 10 at 2.30 at Lumley Hotel, Skegness. Walker and Co

Somers, Lewis John, Hounsditch, Wholesale Stationer. Oct 10 at 2 at office of Sydney, Leadenhall st

Storey, Frederic E, South Norwood, Surrey, Baker. Oct 10 at 3 at Green Dragon Inn,
High st, Croydon. Young, Croydon

Strickland, Christopher, Melling, Lancaster, Shipwright. Oct 18 at 3 at offices of
Roose and Price, North John st, Liverpool. Clare and McMaster, Liverpool
Surridge, William, Elstree, Hertford, Licensed Victualler. Oct 10 at 3 at Maldon Hotel,
Watford. Allingham, Old Broad st

Swinnerton, Rachael, Sheffield, Coke Merchant. Oct 13 at 3 at office of Burdekin and
Co, Norfolk st, Sheffield

Whatmore, Crispin, and Edward Brown, Sebastopol, nr, Pontypool, Monmouth, Builders. Oct 11 at 12 at office of Dauncey, Commercial st, Newport

White, Susannah, Isleham, Cambridge, Grocer. Oct 13 at 3 at White Hart Hotel, Soham. Bendall, Soham

« PreviousContinue »