Page images
PDF
EPUB
[blocks in formation]

This was an appeal by some of the creditors of a bankrupt against an order of Mr. Registrar Brougham sanctioning a composition which had been agreed to by the creditors under section 23 of the Bankruptcy Act, 1886. Section 23 provides that:-"Where a debtor is adjudged bankrupt, the creditors may, if they think fit, at any time after the adjudication, by special resolution, resolve to entertain a proposal for a composition in satisfaction of the debts due to them, or for a scheme of arrangement of the bankrupt's affairs, and thereupon the same proceedings shall be taken and the same consequences ensue as in the case of a composition or scheme accepted before adjudication." And by section 18:-"(1) The creditors may at the first meeting, or any adjournment thereof, by special resolution, resolve to entertain a proposal for a composition in satisfaction of the debts due to them from the debtor, or a proposal for a scheme of arrangement of the debtor's affairs; (2) the composition or scheme shall not he binding on the creditors unless it is confirmed by a resolution passed (by a majority in number representing three-fourths in value of all the creditors who have proved) at a subsequent meeting and is approved by the court; (4) the debtor or the official receiver may, after the composition or scheme is accepted by the creditors, apply to the court to approve it; (6) if the court is of opinion that the terms of the composition or scheme are not reasonable, or are not calculated to benefit the general body of creditors, or in any case in which the court is required, under this Act, where the debtor is adjudged bankrupt, to refuse his discharge, the court shall, or if any such facts are proved as would under this Act justify the court in refusing, qualifying, or suspending the debtor's discharge, the court may, in its discretion, refuse to approve the composition or scheme." The "facts" there referred to are mentioned in section 28, and include (inter alia) the giving of a fraudulent prefer ence by the bankrupt within three months preceding the date of the receiving order, and the having on any previous occasion made a statutory composition with his creditors. In the present case the bankrupt had committed both these offences. After the adjudication the creditors passed a special resolution to accept a composition of 3s. in the pound offered by the bankrupt in satisfaction of their debts, and the resolution was confirmed by a three-fourths' majority at a subsequent meeting. The official receiver reported to the court that, having regard to the bankrupt's estimate of his assets and liabilities contained in his statement of affairs made at the commencement of the bankruptcy, the proposed composition did not appear to be either reasonable or calculated to benefit the general body of creditors. The trustee in the bankruptcy, however, made an estimate of the present value of the assets and of the probable amount required for costs, &c., which shewed that the assets would hardly be sufficient to pay the proposed composition, and the registrar approved of it. Some of the dissentient creditors appealed, and they alleged that the confirmatory resolution was not, in fact, passed by the proper majority; that the composition was unreasonable; and that, having regard to the conduct of the debtor, no composition or scheme ought to have been approved. On behalf of the bankrupt it was urged that the Court of Appeal would not interfere with the exercise of the registrar's discretion, and that, in the case of a composition or scheme under section 23, a confirmatory resolution is not required at all. On the latter point reliance was placed on the use of the word "accepted" in section 23, as compared with the use of the same word in sub-section 4 of section 18, the word there referring to a composition or scheme as to which both a special and a confirmatory resolution have been passed. And it was argued that, after the special resolution has been passed under section 23, the subsequent proceedings are to be taken up as they would be under sub-section 4 of section 18, the confirmatory meeting being entirely omitted. And it was said that the reason for the difference was this, that, in proceedings under section 18, the creditors would not know till they came to the first meeting whether any composition or scheme would be proposed; whereas, under section 23, the notice of the meeting called to pass the special resolution would state the object of the meeting and the terms of the proposed composition or scheme. Therefore a confirmatory meeting would be unnecessary. The court came to the conclusion that the confirmatory resolution had, in fact, been passed by the proper majority, and therefore it did not become absolutely necessary to decide this point, but the court expressed their opinion upon it.

THE COURT (Lord ESHER, M.R., and LINDLEY and LOPES, L.JJ.), reversed the registrar's decision, and held that the composition was not a reasonable one under the circumstances. Lord ESHER, MR., said that, looking at the words of the two sections and the rules, he had no doubt that a confirmatory meeting was as necessary under section 23 as under section 18. The terms "entertain" and "accept" were used as synonymous In both cases it was at the first meeting that the creditors "entertained," and in that sense "accepted," the composition or scheme, but in both cases that which was done at the first meeting must be confirmed. This being so, it became the duty of the registrar to consider the composition, and to approve of it it he thought it reasonable. If he thought it not reasonable, or if he was not satisfied that it was reasonable, it was his duty to reject it. Here the debtor had been guilty of various offences; a fraudulent preference was not a light matter, for it was an attempt to cheat creditors. It was argued that, this being so, the registrar ought not to have sanctioned the scheme, however advantageous it was to the creditors. His lordship could not quite agree to that, though

certainly the registrar should look closely into it, but he was to look at it with reference to the interests of the creditors, and if it was clearly the best thing for their benefit, he ought not to punish them by disallowing the scheme on account of offences of the debtor; he should exercise a judicial discretion on the whole case, and this court would not disapprove of his decision, except on the clearest ground. Looking, however, at the evidence in the present case, his lordship was not satisfied that the composition was a reasonable one, or that the assets would not realize more in a bankruptcy, and he thought that the composition ought not to have been approved. LINDLEY, L.J., agreed as to the confirmatory meeting. As to the other point, it was the duty of the registrar to look, not only at the interest of the creditors, but at the conduct of the bankrupt. In certain cases mentioned in section 28, however beneficial the scheme might be to the creditors, it was the duty of the registrar to refuse to sanction it. The present case was not one of that kind. But, even in such a case as the present, the conduct of the debtor was to be taken into consideration, and that ingredient was of the more importance when it was extremely doubtful whether the proposed scheme was the best thing for the creditors. If it was obviously for the best advantage of the creditors, the conduct of the debtor became less important. The registrar ought to take great care that an improper scheme was not forced upon the dissentient creditors, and his lordship thought that would be the result of the order in the present case. LOPES, LJ., concurred.-COUNSEL, Muir Mackenzie; Herbert Reed. SOLICITORS, R. Raphael; Bagot Harte, & Co.

CASES AFFECTING SOLICITORS.

Re ALLEN-Kay, J., 22nd November. SOLICITOR-COSTS OF LEASE-SOLICITORS' REMUNERATION ACT, 1881GEN. ORD., AUGUST, 1882, RR. 2 (B.), 6.

This case raised the question of the construction to be put on the words, "before undertaking any business," in rule 6 of the General Order, which provides that in all cases to which the scales in schedule I. apply, "A solicitor may, before undertaking any business, by writing under his hand, communicated to the client, elect that his remuneration may be according to the present system as altered by schedule II." The application was by lessees to review a taxation of costs incurred on the renewal of a lease, and which they were liable to pay to the lessor's solicitors. It appeared that on the 25th of July, 1885, the lessor's solicitors wrote to the lessees' solicitors that their client, the lessor, had seen them with reference to the renewal of the lease, and that the matter should have their attention, and they asked for evidence of the lessees' title to the renewed lease. Further letters followed between the solicitors, and on the 21st of October the draft leases were forwarded by the lessor's solicitors. They had previously, on the 19th of October, given their client, the lessor, a notice in writing electing that their remuneration should be under the system existing at the date of the General Order, as altered by schedule II. thereto, and on the completion of the leases they delivered to the lessees a bill of costs calculated on this footing. This was objected to by the lessees' solicitors on the ground that the business had been undertaken before the date of the notice of the 19th of October, and that the costs ought consequently to be calculated under schedule I. to the General Order. The taxing master held that the notice of the 19th of October was an election under rule 6 of the General Order, and that the costs ought to be calculated according to schedule II., and he disallowed the objections of the lessees, who now applied to review the taxation.

KAY, J., after taking time to consider the question, now decided in favour of the lessees' contention. He said that the scale of charges fixed by schedule I, part 2, for preparing, settling, and completing a lease and counterpart clearly included all the negotiations preliminary thereto, as was shewn by the cases of Re Field (33 W. R. 504, 533, 29 Ch. D. 608), and Re Emmanuel and Simmonds (34 W. R.613, 33 Ch D. 40). Then arose the question as to what was intended by the words, "before undertaking any business," in rule 6. It was noticeable that this rule was completely one-sided; it gave no option to the client, and was wholly in favour of the solicitor. And the words in question were very material; because if a solicitor was to be at liberty to carry on any business until he could see whether it was to his benefit to charge according to the scale in schedule I. or according to the previously existing system, the client would be at a disadvantage, and the scale charge would be adopted only in cases where it was larger than that under the previously existing system. This result could not have been intended. The election was to be made before the business was undertaken. What was meant by the term "business," with reference to leases, was shewn by the two decisions he had mentioned; and the time when it was undertaken must in every case depend on the facts. But, as a general rule, he was of opinion that after a solicitor had accepted any employment, and had done anything therein for which he could make a charge supposing the scale did not apply, it was too late for him to elect to charge according to the system existing before the General Order came into operation. Applying this rule to the present case, in his opinion the letter of the 25th of July was one for which the solicitors were entitled to make a charge against the lessor. From that date the business had been undertaken by them, and the notice of the 19th of October came too late. He differed, therefore, from the opinion of the taxing master, and considered that the costs ought to be calculated according to schedule I. to the General Order.-COUNSEL, Haldane; Millar, Q C., and A. J. Allen. SOLICITORS, Parker, Garrett, & Parker; Allen & Sen.

BAKEWELL v. CORNISH.-Q. B. Div., Wills, J., 23rd November. Hill, Frank Herbert

JURY FEE AND SHERIFF'S FEE.

Hill, John Ernest
Hindle, James
Hoare, Stanley Herbert
Hobson, Alfred Edward
Hudson, Frederick, B.A.
Hudson, Richard

This case was tried before Wills, J., and a common jury last week. It was an action brought to recover damages for alleged false imprisonment and malicious prosecution, and resulted in a verdict for the defendant. Wills, J., having been informed that the solicitor for the plaintiff in the action had failed to pay the ordinary fees, amounting in such cases to only £1 3s. 6d., and including 12s. for the jury and 10s. 6d. the sheriff's fee, had sent word to say that he required him to be present this morn-Jewson, Frank ing; and before the business of the day was taken.

WILLS, J., in addressing him, said that he was bound to have paid the fees whether he had or had not received them from his client. The learned judge added that, unless the solicitor lodged the money at once in court, the official solicitor would be instructed to proceed against him as an officer of the court for the amount, and that the whole matter would have to come before a divisional court. His lordship also said that he wished it at any rate to be known that he felt bound to take such a view of the matter, as he had been informed that similar cases had arisen quite recently.-Times.

[blocks in formation]

Huntley, Frederick Thomas, B.A.
Jenkins, Henry Martyn

Johnston, Charles Watkinson
Jones, Cuthbert Lewis
Jones, John Roberts
Jones, Thomas Davies
Jowett, Charles
Keeble, Jasper

King, Frederick Herbert
Kiss, James Frederick
Knight, Thomas Joseph
Knowles, Marmaduke Redmayne
Lach-Szyrma,

Somerville

Horatio

Reynolds, James

Rhodes, Samuel Robert
Ripley, James Neal

Robinson, Arthur Armitage

Robinson, Frederick Palmerston

Robinson, John William

Robinson, Reginald William

Rogers, Ernesh Abethell
Rogers, Henry

Rogers, Hywel Llewelyn

Roper, Freeman, B.A.
Rosser, David

Rowlands, Frederick

Rowlands, William Oswald

Rowsell, Charles Frederick
Ruston, Alfred Stanley
Sadd, Herbert Roger

Sadler, Arthur Lindsay, B. A.
Salthouse, Thomas Brockbank
Sanders, William Alfred, B.A.
Ignatius Saxby, George

[blocks in formation]

Sewell, Frederick Capel
Shackell, Charles Henry
Shaen, Arthur O'Ferrall, B.A.
Sherratt, Walter

Shoesmith, John William
Shore, John Willis

Short, Pery, B.A.

Simpson, John Alexander

Smart, Charles Joel

Smith, Henry Ashworth

Smith, Henry Gouger Stapyltɔn

Southby, Charles

Standring, Walter

Stocks, Percy Fenwick

Stone, Arthur Carlyon Stanley

Stredwick, Clement Edward

Strong, Noel Whitley

Stuckbery, Thomas William

Swift, Ernest William

Sykes, James

Tatham, Charles Edmund, B. A.

Taylor, John Percival

Terry, John Percival

Thomas, Rhys Goring

Tindle, John Spoor
Titley, Charles Edward
Trethewy, Alfred

Tristram, Percy Preston, B.A
Stephen-Turnbull, Robert

Olivant, George Daniel Starkey
Overy, James Robert
Padgett, Alfred

Paull, Frederick Reginald
Pearce, Seward
Peele, Henry de Courcy
Perrins, William Dyson
Philipps, Benjamin Lewis
Philipps, Hugh Grismond
Phillips, John William
Pink, John Edward
Prall, Ernest Finley
Prall, Harry Horace

Preston, Herbert Sansome

Priest, Frederick James

Pullan, Herbert Thornton

Rawlinson, Thomas Arthur

Rayner, Charles Joseph Lee B.A
Read, David Robert

Tweedy, Arthur Clement
Tyler, Jacob

Varco, Walter William

Vernon, Thomas Henry, B.A.

Villiers, William Noel

Walker, Herbert Preston

Wall, John William
Walmsley, Herman

Ward, William Leonard, B.A.
Watson, Frederick Byers

Watson, Henry

Watson, William

Webb, Frederic Bostock

Whitcombe, Herbert

Wilkinson, John Stanser

Williams, Thomas John, B.A.,

Wilmshurst, Walter Leslie

Wilton, Henry Pley dell

Wing, George Staunton, B.A.
Witty, Richard

Wood, Edgar

Wooding, Benjamin, B.A.
Wordsworth, Thomas Henry

[blocks in formation]

Carter, Arthur George William
Cartwright, Joseph Frank
thwaite
Cartwright, Thomas Charles
Cator, Ralph Bertie Peter, B.A.
Chapman, Ernest Edward
Chitty, Joseph Henry Pollock,
Christian-Edwards, Thomas

with

Clarke, Edward Warren
Clarke, Francis Richard, B. A.
Clifton, William Charles
Cockerton, Joseph Stewart
Cockshutt, Nicholas

Coghlan, Wilfrid Austin,
LL.B.

Collins, James Adolphus
Cook, Aloah James

Lambert, Walter Postle-Latham, John Algernon Lees, Alfred Edmund Lewis, Charles Prytherch, M.A. Lewis, Henry Lewis, John Hugh B.A. Lewis, John William Beck-Lister, John Edwin

Cope, William Silverwood, M.A. Copland, Charles Albert, B.A. Corbould, John Edward

Corfe, Albert

Cotton, William

Crabb, Edward Alfred

Crookenden, Harry Mitton, B.A.

Daun, William Henry

Davidson, Alfred George, B.A. Davies, William

De Buriatte, Ernest Isaac

Dewhirst, William

Dickinson, Thomas Frederick
Dobinson, Percy Jackson

Dodson, Joe

Edmonds, George William
Edmunds, Henry Edward
Elliman, George Drayton
Ellis, William Henry
Elmslie, Wilmot Edward
Emerson, George

Emms, Frederick George
Falkner, William Gardner
Farrington, Charles Joseph
Fisher, Edward Francis
Ford, Eustace Milton
Forshaw, George Alfred, B.A.
Francis, John Swinford
Frank, Laurence Ward, B.A.
French, William Morley
Fuller, Charles Henry
Furbank, Arthur James

Gibb, William Alfred

Gibbons, George Harry

Gibbs, Thomas

Gibson, Arthur Cracroft

Griffith, Edward Byrne

Griffith, John St. Aubrey
Gwynne

Hacon, Harold Edward

Haddelsey, Charles Robert
Hall, Sam

Hamilton, Harvie Cavendish

Hammond, John Joseph

Hancock, Richard

Hargreaves, Albert Henry

Hart, Charles Frederick

[blocks in formation]

McNair, George Lewis Frederic
Mann, Arthur Moore
Marsden, Leonard Levison Montagu
Martin, Harry Jesse
Mason, Francis Burton
Milne, Clifford Donald
B.A., Mogford, Richard

Molesworth, Arthur Henry
Monckton, Charles Falkland
Monckton, Herbert Haden, BA.
Morgan, William John Lewis
Morrison, Robert Macgregor
Moseley, Oswald Richard
Murray, John George
Nathan, Myer Samuel
Newill, Percy Henry
Newnham, Charles Edward
Newstead, Edgar Cecil
Oberbach, Charles William
Ormond, Edward Brooks
Orrell, James Andrew
Paddock, Albert Edward
Paget, Alfred

Parrott, Francis Hayward
Parry, Henry Wynn
Patterson, Ernest Alfred
Perkins, John Inniss
Phillips, Arthur
Phillips, Thomas
Picton, Robert Owen

Pinder, John Hothersall, B. A.
Pinniger, Henry Broome
Porter, James

Potter, John Herbert
Ralph, Audsley
Rand, George Robert
Raven, Alexander James
Rawlings, George
Regge, Robert William
Reynolds, Alan Swatman
Richards, John Walter
Robbins, Walter George
Roberts, Harold Flintoft Parker
Roberts, Joseph Batcheleur
Roberts, Richard Mostyn
Rogers, George Edward Boulderson
Ryland, Arthur Latham

Mansel Saltmarshe, Hugh, B. A.
Searle, Alfred, B.A.

Shackel, Frederick Charles
Sheard, Michael

Shoosmith, William Buxton

Sillem, George

Simon, George Humphrey
Smith, Alfred Oxnard

Somers, Alexander Charles Crofton
Somerset, Herbert

Spencer, Herbert Beechy, B.A.

Hawkins, Charles Edward Warwick Spowart, Henry William

Hendry, William Thomas

Herbelet, Marie Albert Camille

Herd, Harry Ernest

Hetherington, George

Higgs, John Limbrey
Hobbs, Henry James

Holt, Arnold William Whittell
Horner, Christopher
Howell, Sydney Herbert

Hughes, Leonard John Labrey
Isaacs, Isadore

Jacques, Charles Albert

[blocks in formation]

Sproat, Thomas

Stamer, William Edward

Stirling, John, B. A.

Stuart, Thomas

Talbot, Ellis William
Tate, Ernest Henry
Temperley, Henry, B.A.
Tetlow, William Atcherley
Thomson, Montague Calbeck
Thornton, Charles
Thorp, Joseph Herbert
Troughton, Henry George
Trow, William Henry
Turner, James

Turner, John Herbert
Tweedie, Maurice Albert
Unsworth, Charles Henry
Vizard, Walter Oswald
Waddy, Samuel Garbutt
Wadham, Charles Henry
Wallis, George Wade
Ward, Eric Richard
Warren, William James
Watson, Francis

Whitehead, Arthur Algernon, B.A.
Wilks, Richard

[blocks in formation]

UNITED LAW STUDENTS' SOCIETY.

At the sitting on Monday evening last Mr. Yates moved, "The decision of the Court of Appeal in The National Provincial Bank of England v. Jackson is erroneous, and ought to be overruled." Mr. Lazarus opposed. Mr. Steere and Mr. Hartley supported the opener, while on the other side were Mr. W. S. Shirley, M.P., Mr. Moyle, Mr. Abrahams, and other. Mr. Yates replied, and the chairman then summed up, and, upon the motion being put to the house, the decision of the Lords Justices was upheld by a large majority.

LAW STUDENTS' DEBATING SOCIETY.

At the meeting of this society held at the Law Institution, Chancerylane, on Tuesday, the 23rd inst., Mr. Wilmot E. Elmslie, in the chair, the motion upon the paper for discussion was, "That it is the duty of the Government to immediately suppress the National League in Ireland." Mr. John Lithiby opened the debate in the affirmative, and was followed on the same side by Messrs. J. D. Crawford, E. E. Davies, J. Cornelius Wheeler, and T. Douglas, and opposed by Messrs. T. Bateman-Napier, Gwynne-Griffiths, W. M. Woodhouse, Arthur Williams, and Richmond. After Mr. Lithiby had replied, the chairman put the motion to the society, when it was carried by a majority of eleven votes. There were forty-eight gentlemen present at the debate which endedat 10.15 p.m.

LEGAL NEWS.

OBITUARY,

SIR JAMES MARTIN, Knt., Chief Justice of the Colony of New South Wales, died at Sydney on the 4th inst. after a short illness. Sir J. Martin was the son of Mr. John Martin, and was born in 1820. He practised at Sydney as a solicitor for about ten years, and he was called to the bar in New South Wales in 1856. He had for many years a large practice and he was created a Queen's Counsel in 1857. He took an active part in political life, and he was for nearly fourteen years a member of the Legislative Assembly. He was five times Attorney-General of the Colony, and three times Prime Minister. He received the honour of knighthood in 1869, and in 1873 he became Chief Justice of the Supreme Court of New South Wales. Sir J. Martin was married in 1853 to the eldest daughter of Mr. William Long, of Sydney.

Mr. JAMES GIBBS, barrister, formerly a judge of the High Court at Bombay, died on the 5th inst. Mr. Gibbs was the third son of Alderman Michael Gibbs, and was born in 1826. He was called to the bar at the Inner Temple in Trinity Term, 1864. He had been a member of the Bombay Civil Service since 1846. He was Assistant Commissioner of Scinde under Sir Bartle Frere, and he was a puisne judge of the High Court at Bombay from 1869 till 1874, when he was appointed a member of the council of the Governor of Bombay. In 1880 he was appointed a member of the council of the Governor-General of India, and he undertook the sole management of the ecclesiastical department of the government. He retired from the civil service about two years ago. Mr. Gibbs was created a Companion of the Order of the Star of India in 1878 and a Companion of the Order of the Indian Empire in 1880. He was married in 1864 to the daughter of Mr. Alexander Shaw.

Mr. JAMES OWNSWORTH, Solicitor (of the firm of Marshall & Ownsworth), of Barnsley, died on the 7th inst. from disease of the heart. Mr. Ownsworth was born in 1833. He was admitted a solicitor in 1872, and he had since practised at Barnsley in partnership with Mr. Benjamin Marshall. He had a large private practice, and he was clerk to the Dodworth Local Board. Mr. Ownsworth was for several years a member of the Barnsley Town Council as a representative of the North Ward, and he was also a member of the Barnsley Board of Guardians. He was buried at Silkstone on the 11th inst.

Mr. ROBERT OLIVER JONES, barrister, late stipendiary magistrate for the borough of Cardiff, died on the 14th inst., in his seventy-sixth year. Mr. Jones was the eldest son of Major-General Oliver Thomas Jones, and was born in 1811. He was educated at Sandhurst College, and for several years he held a commission in the army. He was called to the bar at the Middle Temple in Hilary Term, 1850. In 1858 he was appointed stipendiary magistrate for the borough of Cardiff, and he held that office until about a month ago, when he resigned on account of ill-health. Mr. Jones was a magistrate and deputy-lieutenant for Glamorganshire. He was high sheriff of the county in 1838, and he had been for many years chairman of quarter sessions. He was treasurer of the Llandaff Diocesan Church Extension Society. Mr. Jones was married first in 1843 to the daughter of Mr. Evan Thomas. He became a widower in 1851, and in 1853 he married the daughter of Mr. John Bruce Pryce, of Duffryn (sister of Lord Aberdare), who died in 1869.

Mr. JAMES JOHN LONSDALE, barrister, many years a judge of county courts, died at Sandgate on the 11th inst., after a very short illness, in his seventy-seventh year. Mr. Lonsdale was the second son of Mr. James

Lonsdale, and was born in 1810. He was educated at University College, London. He was called to the bar at Lincoln's-inn in Michaelmas Term, 1836, and he formerly practised on the Northern Circuit. He was one of the secretaries (jointly with the late Mr. Charles Greaves, Q C.) to the Criminal Law Commission. In 1855 he was appointed by Lord Cranworth to be judge of county courts for Circuit No. 11 (comprising Bradford and other towns in the West Riding of Yorkshire), and in 1867 he was transferred to Circuit No. 48 (comprising the western portion of Kent. He filled that post till 1884, when he retired on a pension. Mr. Lonsdale was appointed recorder of the Borough of Folkestone in 1847, and he held that office till his death, and he was a magistrate and deputy-lieutenant for Kent. He was married, first, in 1853, to the widow of Dr. Herbert Mayo, and only daughter of Mr. Samuel James Arnold, of Walton-onThames. He became a widower in 1866, and he married, secondly, in 1878, the widow of Mr. Thomas James Arnold, metropolitan police magistrate, only daughter of Mr. Thomas Jefferson Hogg, of Stockton-on-Tees. Mr. GEORGE MOODY, barrister, died at 27, Knowle-road, Brixton, on the 22nd inst. Mr. Moody was the eldest son of Mr. James Moody, and was born in 1833. He was educated at St. John's College, Cambridge. He was called to the bar at Lincoln's-inn in Michaelmas Term, 1862, and he was a member of the Midland Circuit, practising also at the Lincolnshire, Nottinghamshire, and Derbyshire and Middlesex Sessions, and at the Central Criminal Court. Mr. Moody had for several years a considerable criminal business, and it may be remembered that he was one of the counsel for the defence in the Wainwright murder case, where his advocacy, though unsuccessful, displayed great ability and ingenuity.

Mr. WILLIAM KEARY, solicitor (of the firm of Keary & Marshall), of Stcke-upon-Trent, died suddenly on the 23rd inst. Mr. Keary was admitted a solicitor in 1837, and he had for many years carried on a large practice at Stoke-upon-Trent, where he was at the time of his death associated in partnership with Mr. James Cutliffe Marshall. He had been for several years registrar of the Stoke-upon-Trent County Court (Circuit No. 26). He was a perpetual commissioner for Staffordshire, and local solicitor to the North Staffordshire Kailway Co. He was also for many years local agent to the North Staffordshire Conservative Association, and secretary to the Stoke-upon-Trent School of Art. He was mayor of Stoke in 1883, and, at the time of his death, he was deputy-mayor and an alderman for the borough. Mr. Keary's sudden death has caused universal sorrow in the town and district.

Sir JOHN HUMPHREYS, coroner for East Middlesex, died at his residence, 20, Devonshire-street, Portland-place, on the 20th inst., from abscess on the lungs, in his sixty-seventh year. Sir J. Humphreys was the son of Mr. John Humphreys, of Upper Clapton, and was born in 1820. He was admitted a solicitor in 1842, and he had for many years a large practice in the City of London. He was formerly clerk to the City Commissioners of Income Tax, and in 1859 he was elected coroner for the Eastern Division of the county of Middlesex, which office he held until his death. He received the honour of knighthood in 1881. Sir J. Humphreys was deputy-chairman of the London, Edinburgh, and Glasgow Assurance Co. He was married in 1842 to the daughter of Mr. George Downes, but he became a widower in 1881.

Mr. HENRY LINWOOD STRONG, barrister, late Registrar of the Central Probate and Divorce Registry, died at his residence, 38, Seymour-street, Portman-square, on the 17th inst., after a long illness. Mr. Strong was the eldest son of the Rev. Thomas Linwood Strong, and was born in 1815. He was educated at Christ Church, Oxford, and he was called to the bar at the Inner Temple in Hilary Term, 1844. In 1850 he was appointed clerk of assize and clerk of the Crown on the North Wales and Chester Circuit, and in 1858, on the passing of the Probate and Divorce Acts, he was appointed by the late Sir Creswell Creswell a registrar of the Central Probate and Divorce Registry. He held that office for twenty-eight years, and he retired a few months ago in consequence of failing health. Mr. Strong was married, in 1847, to the daughter of the Hon. and Very Rev. Henry David Erskine, Dean of Ripon. His second son, Mr. Clement Erskine Linwood Strong, was called to the bar at the Inner Temple in May, 1879.

APPOINTMENTS.

Mr. STRINGER OLDMAN HILTON, solicitor, of Canterbury, has been appointed Under-Sheriff of that city for the ensuing year. Mr. Hilton was admitted a solicitor in 1881.

His Royal Highness THE PRINCE OF WALES has been elected Treasurer of the Middle Temple for the ensuing year.

Mr. JOHN CHARLES LEWIS COWARD, barrister, has been appointed Recorder of the borough of Folkestone, in succession to the late Mr. James John Lonsdale. Mr. Coward is the eldest son of the Rev. John Henry Coward, rector of St. Peter Le Poer, Old Broad-street, and was born in 1852. He was educated at St. Pauls' School and at Corpus Christi College, Cambridge. He was called to the bar at Gray's-inn in June, 1877, and he practises on the South-Eastern Circuit.

Mr. JOHN ATKINSON, solicitor (of the firm of Stanton & Atkinson), of Newcastle-upon-Tyne, has been appointed Under-Sheriff of that city for the ensuing year. Mr. Atkinson was admitted a solicitor in 1879.

Mr. THOMAS EDWARD DONNISON, solicitor, of Liverpool, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature. The Right Hon. Sir HENRY JAMES, Q.C., M.P., has been elected Presi dent of Cheltenham College.

Mr. HENRY MATHIAS, solicitor, of Haverfordwest, has been appointed a Magistrate for the town and county of the town of Haverfordwest. Mr. Mathias was admitted a solicitor in 1842.

Mr. JAMES PRICE, solicitor, of Haverfordwest, has been appointed a Magistrate for the town and county of the town of Haverfordwest. Mr. Price is registrar of the Haverfordwest County Court, and deputy-coroner for the lower division of Pembrokeshire. He was admitted a solicitor in 1865.

Mr. FREDERICK NORMAN, Solicitor (of the firm of Kisch & Norman), of 2, New-inn, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature. Mr. WILLIAM THOMAS ECCLES, Solicitor (of the firm of Eccles & Smith), of Liverpool and Southport, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature. Mr. ARTHUR ROLLIT, soliciter, of 12, Mark-lane, and of Hull, has been appointed Under-Sheriff of the town and county of the town of Kingstonupon-Hull for the ensuing year. Mr. Rollit is joint-registrar of the Hull County Court, and district registrar under the Judicature Acts. He was admitted a solicitor in 1871, and he is in partnership with his elder brother, Sir Albert Kaye Rollit, LL.D., M.P.

Mr. JOSEPH WILSON, solicitor (of the firm of Huish & Wilson), of Derby and Long Eaton, has been appointed Clerk to the Long Eaton School Board. Mr. Wilson was admitted a solicitor in 1882. Mr. EVAN GRIFFITH ROBERTS, solicitor, of Holyhead, has been appointed a Commissioner to administer Oaths in the Supreme Court of Judicature.

PARTNERSHIPS DISSOLVED.

GEORGE THOMAS EDWARDS and ALFRED GOUGH, solicitors (Edwards, Son,

& Gough), Birmingham. Mr. Edwards will practice at 128, Colmore-row, Birmingham. Mr. Gough will practice at No. 11, Bennett's hill, Birmingham. October 30.

HENRY FOX TOWNSEND, GEORGE SPACKMAN, and EDWARD TUDOR JONES, solicitors (Townsend, Spackman, & Jones), Swindon. Henry Fox Townsend and Edward Tudor Jones will carry on the business under the style of Townsend & Jones. November 16. [Gazette, Nov. 19.]

LAWYER MAYORS.

Mr. ARTHUR BURCH, solicitor, proctor, and notary, of Exeter, has been elected Mayor of that city for the ensuing year. Mr. Burch was admitted a solicitor in 1853. He is secretary to the bishops and deputy-registrar of the dioceses of Exeter and Truro.

Mr. GEORGE WILLIAM ANDREWES, solicitor (of the firm of Andrewes, Canham, & Andrewes), of Sudbury, has been re-elected Mayor of that borough for the ensuing year. Mr. Andrewes is registrar of the Sudbury County Court. He was admitted a solicitor in 1825.

Mr. THOMAS MARTINEAU, Solicitor and notary (of the firm of Ryland, Martineau, Carslake, & Goodwin), of Birmingham, has been re-elected Mayor of that borough for the ensuing year. Mr. Martineau was admitted a solicitor in 1851. He is clerk to the Guardians of the Birmingham Assay Office, and he is an alderman for the borough. Mr. FREDERICK VIVIAN HILL, solicitor (of the firm of Guylls & Hill), of Helston, has been elected Mayor of that borough for the ninth time. Mr. Hill was admitted a solicitor in 1853.

Mr. JOHN GWYNNE JAMES, solicitor (of the firm of James & Bodenham), Mr. James is the son of Mr. Philip Turner James, of Hereford, and an of Hereford, has been elected Mayor of that city for the ensuing year. elder brother of Sir Henry James, Q.C., M.P. He was admitted a solicitor in 1845, and he is clerk to the county magistrates and the Commissioners of Taxes, and one of the city aldermen. His partner, Mr. Frederick Bodenham, is clerk of the peace for Hereford.

Mr. WELLINGTON DALE, Solicitor, of Penzance, has been re-elected Mayor of that borough for the ensuing year. Mr. Dale was admitted a

solicitor in 1876.

Mr. LEWIS LEVY, barrister, has been re-elected Mayor of the City of Rochester for the ensuing year. Mr. Levy is the second son of Mr. John Lewis Levy, of Rochester. He was called to the bar at the Middle Temple in June, 1880, and he is a member of the South-Eastern Circuit.

Mr. HENRY PEARSON GATES, Solicitor and notary, of Peterborough, has been elected Mayor of that city for the ensuing year. Mr. Gates was admitted a solicitor in 1840. He is secretary to the Bishop of Peterborough, chapter clerk of Peterborough Cathedral, and registrar of the diocese of Peterborough and of the archdeaconries of Northampton and Oakham. Mr. Gates is a magistrate for Huntingdonshire and the liberty of Peterborough, and he has served the office of sheriff of Cambridgeshire and Huntingdonshire.

Mr. BORLASE CHILDS, solicitor, of Liskeard, has been elected Mayor of that borough for the ensuing year. Mr. Childs was admitted a solicitor in 1869. Mr.MORGAN MORGAN, solicitor (of the firm of Morgan & Scott), of Cardiff, has been elected Mayor of that borough for the ensuing year. Mr. Morgan was admitted a solicitor in 1866. He is a magistrate for the borough.

Mr. HENRY FIELD WILKINS, Solicitor, of Chipping Norton, has been elected Mayor of that borough for the ensuing year. Mr. Wilkins was born in 1804. He was admitted a solicitor in 1829.

Mr. GEORGE CLIFTON SHERRARD, solicitor, of 26, Lincoln's-inn-fields, and of Kingston, has been elected Mayor of the Borough of Kingston for the ensuing year. Mr. Sherrard was admitted a solicitor in 1869.

GENERAL.

Sir James Bacon is to be made a Privy Councillor.

Mr. Justice Stirling and Mr. Justice Kekewich were to proceed to Windsor on Friday to receive the honour of knighthood.

The annual council of the judges of the Supreme Court of Judicature was held at the Royal Courts of Justice on Wednesday afternoon, when the meeting was presided over by the Lord Chancellor, who was attended by his secretary, Mr. Muir Mackenzie, Q.C. The following were the judges present:-The Master of the Rolls (Lord Esher) Lords Justices Cotton, Lindley, Fry, and Lopes, Sir James Hannen, Mr. Baron Pollock, and Justices Grove, Manisty, Hawkins, Stephen, Mathew, Cave, Day, Butt, A. L. Smith, Wills, Kay, Chitty, North, Stirling, and Kekewich. The proceedings lasted about two hours. The meeting was strictly private.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

BIRMINGHAM REFRIGERATION CO., LIMITED.-Grantham, J., has, by an order

dated Oct 22, appointed Robert Levitt Impey, Waterloo st, Birmingham, to be official liquidator FLOYD CAB Co, LIMITED.-Creditors are required, on or before Dec 7, to send their names and addresses, and particulars of debts or claims, to Arthur Richard Farlow, 3, Newgate st. Friday, Dec 17, at 12, is appointed for hearing and adjudicating upon debts and claims

HALIFAX SUGAR REFINING CO, LIMITED.-Kay, J., bas, by an order dated Nov 10, appointed John Sutherland Harmood Banner, 24, North John st, Liverpool, to be official liquidator

NORTH-WEST PROVINCES AND OUDE ICE Co, LIMITED.-By an order made by Bacon, V.C., dated Oct. 30, it was ordered that the voluntary winding up of the company be continued. G. H. K. & G. A. Fisher, solors for petner PLYMOUTH PIER CO, LIMITED.-By an order made by Chitty, J,, dated July 17, it was ordered that the company be wound up. Lickorish & Bellord, Queen Victoria st, solors for petner

STAR CAB CO, LIMITED.-Grantham, J., has, by an order dated Oct 22, appointed Paul Alfred Boulton, 39A, King William st, to be official liquidator STEAMSHIP EDENDALE CO, LIMITED.-Petn for winding up, presented Nov 18, directed to be heard before Stirling, J., on Saturday, Nov 27. Pattison & Co, Queen Victoria st, agents for Watson & Dendy, Newcastle upon Tyne, solors for petners

STURGES (BRITISH) MOTIVE POWER SYNDICATE, LIMITED.-Petition for winding up, presented Nov 13, directed to be heard before Chitty, J., on Nov 27. Mew, King st, Cheapside, solor for petner

COUNTY PALATINE OF LANCASTER. LIMITED IN CHANCERY.

WILLIAM HARTLEY & SONS, LIMITED.-Petn for winding up, presented Nov 16,
directed to be heard before Bristowe, V.C., on Tuesday, Nov 30, at 10.30, at
Chancery Courts, St George's Hall, Liverpool. Boote & Edgar, Manchester,
solors for petner
FRIENDLY SOCIETIES DISSOLVED.
INDEPENDENT OPERATIVE TONTINE SOCIETY, 1, Gildart st, Liverpool. Nov 16
MIDDLE RAINTON BUTCHERS' CO-OPERATIVE SOCIETY, LIMITED, Middle Rainton,
Durham. Nov 11

STOKE FRIENDLY BENEFIT SOCIETY, Sefton Arms, Stoke Poges, Bucks. Nov 16
UNION SOCIETY, Temperance Hall, Halifax, York. Nov 16

JOINT STOCK COMPANIES. London Gazette.-TUESDAY, Nov. 23. LIMITED IN CHANCERY.

COMMERCIAL UNION BANK, LIMITED. Chitty, J.. has, by an order dated Oct 26, appointed James Logie, 68, Cheapside, to be official liquidator HATCHETT'S HOTEL CO, LIMITED.-Stirling, J., has, by an order dated Nov 15, appointed Edward Moore, 3, Crosby sq, to be official liquidator HENDRA ESTATE AND BUILDING MATERIAL CO, LIMITED.-Petn for winding up, presented Nov 22, directed to be heard before North, J, on Dec 4. White, New inn, Strand, solor for petner

HULL WAGON WORKS CO, LIMITED.-North, J., has fixed Saturday, Dec 4 at 12, at his chambers, for appointment of an official liquidator

LONDON AND LEEDS BANK, LIMITED.-Creditors are required, on or before Dec 11, to send their names and addresses, and particulars of their debts or claims, to Frederic George Painter, 2, Moorgate st bdgs. Monday, Dec 20, at 12, is appointed for hearing and adjudicating upon debts and claims

UNLIMITED IN CHANCERY.

[blocks in formation]

FEE, TWO GUINEAS, for a sanitary inspection and report on a London dwellinghouse. Country surveys by arrangement. The Sanitary Engineering and Ventilation Company, 115, Victoria-street, Westminster. Prospectus free.-[ADVT. FURNISH ON NORMAN & STACEY'S SYSTEM; No Deposit; 1, 2, or 3 years credit; 60 wholesale firms. Offices, 79, Queen Victoria-st., E.C. Branches at 121, Palí Mall, S.W., & 9. Liverpool-st., E.C. Goods delivered free.-[ADVT.

CREDITORS' NOTICES.

CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF CLAIM.

London Gazette.-FRIDAY, Nov. 5, 1886.

COOK, WILLIAM, Chinslade, Oxford, Farmer. Dec 3. Gilbert v Cook, Chitty, J.
KENNEDY, Rev BENNET SHERARD CALCRAFT, Tudor rd, Norwood
Wilkins, Chipping Norton

Dec 8. Bum

sted v Kennedy, Bacon, V.C. Cookson & Co, Lincoln's inn fields
London Gazette.-TUESDAY, Nov. 9, 1886.

CLAYTON, JOSEPH, Preston, Lancaster, Engineer. Dec 4. Freeman v Clayton,

Registrar, Manchester. Ascroft, Preston

London Gazette.-FRIDAY, Nov. 12, 1886. DODWORTH, JAMES. Sheffield, Pallette Knife Manufacturer. Dec 10. Spence v Dodworth, Chitty, J. Ibbotson, Sheffield

TAYLOR, JOHN FREDERICK, Pentonville rd, Islington. Dec 11. Jones v Taylor, North, J. Edwards, Old Jewry

London Gazette.-TUESDAY, Nov. 16.

LEE, ELIZA MARGARET, Slough, Bucks. Dec 6. Webb v Webb, Kay, J. Robinson, Mitre et chmbrs, Temple

MERRIKIN, GEORGE MERRIKIN, Grainthorpe, Lincoln. Dec 4. Merrikia Robinson v Newman, Chitty, J. Ingoldby, Louth

[blocks in formation]

London Gazette.-TUESDAY, Nov. 9, 1886. ATKINSON. WILLIAM SIMPSON, Barrowby Hall, near Leeds. Dec 4. Simpson, Leeds

BELSHAW, MARTHA, John st, Minories. Dec 9. Bonner & Co, Fenchurch st BERWICK, GEORGE, Sunderland, Durham, Doctor of Medicine. Dec 13. Trewhitt & Robson, Sunderland

BLAXTON, MARY, Willington on Tyne, Northumberland. Dec 4. Kidd, North Shields

Manchester

BOAM, DANIEL, Manchester, Gent. Dec 16. Heywood & Son, Manchester
BROADHURST, DANIEL, Cheetham, Manchester, Gent. Dec 31. Farrar & Hall,
BROOKHOUSE, EMMA HANNAH, Leicester. Feb 10. Toller & Sons, Leicester
COLLINS, JOHN, Moseley, Worcester. Nov 20. Jaques & Son, Birmingham
COOK, MARY ANN, Bernard st, Russell sq. Dec 5. Cunningham, Carthusian st,
Charterhouse sq

COOK, SAMUEL, Bury, Lancaster, Spring Maker. Dec 15. Doyle & Scholfield,
Manchester
GAMMON, THOMAS, Swingfield, Kent, Farmer. Nov 20. Knocker, Dover
GOLDSTEIN, MARTIN. Lisle st. Leicester sq. Manufacturing Silversmith. Dec 11.
HEARON, THOMAS WILLIAM, Durham, Esq. Dec 6. Munby & Scott, York
Boulton & Co. Northampton sq, Clerkenwell

HBATH, ELIZABETH, Eastbourne, Sussex, Boarding-house Keeper. Dec 1. Lang-
ham & Son, Eastbourne
HOLGATE, RICHARD, Batley Carr, York, Butcher. Dec 22. Chadwick & Sons,
Dewsbury
HUTT, FANNY ANNA JANE, Ryde, Isle of Wight. Dec 31. Hargrove & Co,
Victoria st, Westminster

INGLEBY, CLEMENT MANSFIELD, Great Ilford, Essex, Doctor of Laws. Dec 9.
Gosling & Co, Suffolk place, Pall Mall East

LEES, CHARLES MADDOCKS, Handsworth, Stafford, Gent. Dec 23. Thursfield & Messiter, Wednesbury

LEVER, JOHN, Huddersfield, Waste Dealer. Jan 1. Moseley, Huddersfield LINGHAM, ALFRED FRASER, Camden Hill rd, Gipsy Hill, Norwood. Dec 6. MORGAN, ROGER, Croesyce ilog, Monmouth, Gent. Dec 18. Colborne & Co, NewTurner & Low, King st, Cheapside

port

PYRAH, JOHN, jun, Batley, York, Spinner. Dec 22. Chadwick & Sons, Dewsbury

ROOKE, WILLIAM, Truro rd, Wood Green, Commercial Clerk. Dec 9. Henry,
Furnival's inn, Holborn
SCHOLFIELD, ANNA, Hipperholme, Halifax. Jan 1. England & Foster, Halifax
SHELLEY, FREDERIC, Albemarle st, Piccadilly, Wine Merchant. Dec 20. Laundy
& Co, Cecil st, Strand
SMITH. CATHERINE, Birchanger, Essex. Jan 8. Richardsons & Foxwell, Much
Hadham

SMITH, ELIZA, Blackpool, Lancaster. Jan 14. Brown & Co, Wakefield

SOUTH, THOMAS, Carlton rd, Kilburn, Gent. Dec 18. Gregory & Co, Bedford

[ocr errors][merged small]

ham

STEVENSON, ANNE ELIZABETH, Marple, Chester. Dec 11. Keays, Charles st, St James's

STEVENSON, MARY, Marple, Chester. Dec 11. Keays, Charles st, St James's

TODD, ANTHONY, East Biggins, near Wolsingham, Durham, Farmer. Dec 6.
Devey, Wolsingham
TURNER, FRANCES, Rome. Jan 14. Clarke & Calkin, Raymond bldgs, Gray's inn
WASLEY, JOHN WILLIAM, Aldershot, Army Contractor. Dec 15. Eve, Aldershot
WHITEMAN, STEPHEN, Alconbury Hill, Huntingdon, Farmer. Dec 24. Wal ing-
ford & Co. St Ives

WIGNEY, ELIZABETH, Kilpinhill, Batley, York. Nov 30. Deane & Son, Batley WOOD, BRYAN, Saltburn by the Sea, York, Gent. Dec 20. Thompson, Middlesbrough

WRIGHT, EDWARD, Wrightington, Farmer. Nov 30. Wilson, Wigan

BANKRUPTCY NOTICES. London Gazette.-FRIDAY, Nov. 19, 1886. RECEIVING ORDERS.

AKERMAN, THOMAS ARMILL, Birmingham, Baker. Birmingham. Pet Nov 17. Ord Nov 17

APPLEYARD, EDMUND JOHN, Little Pulteney st, Wardour st, Draper. High Court. Pet Nov 12. Ord Nov 16

BICKELL, JOHN, South Molton, Devon, Silversmith. Barnstaple. Pet Nov 15. Ord Nov 15

CAREY, CAROLINE, St Leonards on Sea, Spinster. Hastings. Pet Nov 16. Ord Nov 16

COCKS, JAMES ABRAM, Margaret st, Regent st, Clerk. High Court. Pet Nov 17. Órd Nov 17

DANDRIDGE, F., Newgate st. High Court. Pet Nov 11. Ord Nov 16

DAVIES, JOHN, and DANIEL DAVIES, Brynmawr, Brecon, Grocers. Tredegar.
Pet Nov 9. Ord Nov 15
DODGSON, JAMES, Northallerton, Yorks, Mason. Northallerton, Pet Nov 16.
Ord Nov 16

« PreviousContinue »