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or ought to be, construed as meaning to give the court not only so, but in every case, it is believed, in which it a discretion to consider whether the nature of the trade- | has hitherto been thought advisable to contest the cormark is such as to make it inconvenient that he should rectness of the committee's decision before the court, exercise the right of property which it is proved he the marks have been directed to be registered (see In re actually has.” When the rectification of an existing Dugdale, 28 W.R. 436; Exc parte Ede Brothers & Co., entry on the register is being sought in a hostile sense, 28 W. R. 436; In re Sykes, 29 W. R. 235 ; In re Ward, any person interested in the trade with respect to which Sturt, & Sharp, 29 W. R. 395 ; In re Dickinson, Alroyd, the mark was registered is entitled to apply for rectifica. & Co., V.C.H., July 8, 1880; In re Jones Brothers, tion as" a person aggrieved ” : Rose v. Evans (48 L. J. & Co., V.C.H., July 10, 1880; and other cases. There Ch. 618).
are, of course, many more cases in which the parties To take first the cases in which an application has been whose marks have been placed in the B. list have made to rectify the register by the insertion of a trade. acquiesced in the decisions, and contented themselves mark:--In re Rotherham (L. R. 11 Ch. D. 250, L. R. 14, with a certificate of refusal under the Act of 1876, but Ch. D. 585) is a well-known case in which the Court of the fact remains that in the cases to which reference has Appeal, affirming the decision of Bacon, V.C., held that been made the refusal to register has been reversed, and a mark consisting of a word in a foreign language was a registration grauted by virtue of the 5th section of the good trade-mark, and must be registered, notwithstand- | Act. ing that the registrar, in refusing to register it, had In some cases the registration, though not granted in simply followed a general instruction on the subject of the form in which it was asked, has still been granted in words in a foreign language, given him by the Com. | a somewhat modified shape. Thus In re Barrows missioners of Patents, to whose instructions he was bound (L. R. 5 Ch. D. 353), was a case where representative by rule 68 to conform. In re Eastman (which was de registration was granted to a number of marks for iron, cided by Bacon, V.C., in 1880) is another case in which the for which application had been made separately, so that registrar was directed to register a mark which he had re. the essential particulars which ran through the various fused to register on the ground of the mark being deficient combinations were registered, with a note extending the in the characteristics of a trade-mark as defined by the protection to these particulars in combination with the Act, and the question whether the words “Kitchen non-essential details ; and the same course was followed Crystal Soap” are very distinctive may be still reasonably | in other cases, such as In re Brook (26 W. R. 791), with thought to be not free from doubt. In Lucke v. Webster, respect to certain marks on cotton goods. In In re on the 4th of April, 1879, the Master of the Rolls Sykes a note was also appended to the entry on the allowed registration of a monogram in a shield, though register, but this time with the view of defining the it seems that, if the device had been claimed as a new mode in which the marks were to be 'ised, following mark, the decision would probably have been different. In re Whiteley (29 W. R. 235).
But the class of case in which the objections of the registrar to register marks have most frequently been over. ruled is that which includes cases in which the regis. trar has not himself raised the objections, but has been compelled to submit the cases for the determination of | ILLEGAL ENTRY UNDER THE the court in consequence of the marks, being cotton
5 RIC. 2, C. 8. marks, having been placed by the Committee of Experts at Manchester in the B. list, or second class, as not It is somewhat curious that a statute of the reign of being, in the opinion of the committee, trade-marks Richard 2 should twice during the present year have within the meaning of the Act. For a time-that is to come under the consideration of Mr. Justice Fry. The say, so long as the decision of the Court of Appeal in 5 Ric. 2, c. 8, provides (section 1) "that none from In re Orr Ewing (26 W. R. 777, L. R. 8 Ch. D. 794), henceforth make any entry into lands and tenements but remained unreversed--the opinion of the committee was in cases where entry is given by the law, and in such case practically final and conclusive, but the true rule was not with strong hand nor with multitude of people, but laid down by the House of Lords in the same case on only in peaceable and easy manner.” In one of the recent appeal (Orr Ewing v. Registrar of Trade Marks) in a way | cases this enactment was discussed with reference to the much more satisfactory to the persons interested in such question of damages, in the other case an arrangement marks. “The rules appear to me," said Lord Cairns, between the landlord and tenant was held to be yoid, as speaking of the special rules as to cotton goods, 57-63, well as voidable, within it. "to provide a rough but useful way of separating, by In Beddall v. Maitland (29 W. R. 484, L. R. 17 means of the technical knowledge and judgment of the Ch. D. 174) the plaintiff claimed an injunction restraincommittee, the cotton trade-marks into two classes. The ing the defendant from interfering as manager of a first class is to consist of those marks which the commit- nursery, the plaintiff alleging that the defendant had tee is of opinion are trade-marks within the Act, and been the manager of the business, while the latter claimed proprietors in this class are to have the benefit, arising an interest in it as a partner, and put in a counter-claim from this opinion, of being able at once to apply to be for (inter alia) damages for the forcible ejectment of registered in respect of those marks. But in doing this himself and his effects from the premises, and for injury they must satisfy the registrar that they are the pro- to his furniture. The learned judge admitted the counterprietors, and comply with the conditions of registration claim, but found that the defendant was only the manager as any other applicants would do. With regard to the of the nursery, and was in possession of the house as a second class, there is no decision pronounced against tenant at will, a forcible eviction having taken place them, but the proprietors cannot apply for regis- after a notice to quit. In respect of this Act he held tration as a matter of course. They must come that no damages could be recovered, because the statute to the court, and it must be for the court to say whether which made it unlawful had only provided a penalty, but the registrar shall proceed on their application to had not given any civil remedy; but he allowed damages register or not. In deciding this, the court will have for the injury to the furniture, because this resulted before it the circumstance that the opinion of the com- from an act for which no lawful right could be alleged. mittee was adverse to the claim of a trade-mark; but this Edwick v. Hawkes (29 W. R. 913) was an action by would be an opinion only, and not a decision arrived at the lessee of a beer-house in respect of a forcible ejectafter hearing both sides, or rendered in any judicial ment for an alleged breach of a covenant to buy all beer proceeding." The other law lords concurred in this of the lessor which was contained in the lease, but which exposition of the law, and the marks there in question was held by Mr. Justice Fry not to have been broken. were ordered to be registered in a somewhat modified On the 9th of September, 1880, one of the defendants, form (see also In re Orr Ewing (2), 28 W. R. 412), and who was a solicitor, told the defendant that he had com.
mitted a breach of covenant, and induced him to sign a sa me to their contractor, who had deposited & quantity of “ letter of licence" in the following terms :-" In con. materials thereon. The writ in this action had then been sideration that you will not take immediate steps to
issued, and the notice of motion given, but in consequence eject me from The Dells,' of which I have forfeited the
of negotiations for a purchase by the defendants of the plot lease, I undertake to give you quiet possession on the
in quest ion, the motion bad not been proceeded with antil 29th inst., and you may use this letter as leave and licence
now. It appeared from the aflldayit of the contractor
that there was no other plot of land obtainable in the neighto eject me without any process of law on that date.”
bourhood suitable for the deposit of the building materials, The plaintiff then consulted his solicitor, who at once
and that it would cost him about £7,000 to remove the repudiated the agreeement on his behalf. On the 30th
same. It was submitted for the defendants that on the of September he refused to give up possession, and on the balance of convenience an in janction should not be granted, 4th of October he was put out. He twice re-entered and and that at all events there was a good binding contract on was turned out, no great force being used, and on the the plaintiff, whatever the case was as against his second 6th of October, his wife and children were turned out, mortgagee. KAY, J., was of opinion, on the balance of conthere being then some use of violence on this occasion. venience, that no injunction should be granted. The defendants relied upon the licence to evict, which,
the motion to stand to the trial, the defendants undertaking they contended, was perfectly legal, and was binding
to pay the £200 into court within a week, and to give up as an agreement for the compromise of a right which was
possession of the land, in case of a sale by the plaintiff, withbona fide in dispute, while the defendant's agents had
| in seven days after written notice.-SOLICITORS, Lewin &
Co.; Ashurst, Morris, 4 Co. come upon the premises without any resistance. Mr. Justice Fry, however, held that the undertaking was not only voidable, but void. It was voidable because it had
Trust ESTATE - SALE - DIRECTIONS TO TRUSTEES been obtained under pressure of an authoritative, but
URGENCY.-In a case of March v. Swinburne, before Cave, J., mistaken, statement as to the plaintiff's rights, and as
Vacation Judge, on the 26th ult., a motion was made by the soon as he consulted his solicitor it had been repudiated.
onsulted his solicitor it had been repudiated. I trustees of a certain trust deed to secure the leased line bonds The 5 Ric. 2, c. 8, rendered the entry on the premises of an American railway. The trustees had had the whole of illegal, notwithstanding the existence of any right of re. the share capital of one of the leased lines transferred to entry, and therefore the document must be held to give them by the American company as security for the loan, bat permission to do that which the statute rendered illegal, the American company had not completed the leased line as and to be void as being a licence to commit a crime. He they had agreed to do. A creditor of the leased line in America also held that the absence of resistance to the actual
threatened a sale of the line on the 1st of September, and the entry on behalf of the defendants could not legalize any
committee of bondholders had written to the trustees requestof the subsequent forcible acts, for the thing con.
ing them to take action in the matter by means of a fund templated by the statute was not the mere getting over
under their control in America, and stating that otherwise
the trustees would be held personally responsible. Upon the boundary of the property, but the forcible assertion
| this the trustees took counsel's opinion, who advised that, against another person of the right of re-entry. He although in his opinion they need not do anything, they treated the whole proceedings until the plaintiff's wife
should, nevertheless, apply to the court for directions. Cave, was turned out of the premises as one continued act, and J., after hearing the facts, directed the trustees to authorize he awarded £250 as damages to the plaintiff, and £200 (by telegram if necessary) their agent in America to take to his wife. It is probable that very few tenants are suck steps in reference to the fund over there as he might aware of the existence of the Statute of Richard, but Mr. consider best in the interests of the bondholders, and either to Justice Fry expressed his opinion that “it is important compromise or pay off the claim of the creditor of the leased that there should be no misunderstanding as to what the
line out of such fuod, or otherwise as he should think best.rights of persons who have the right of entry are; their
SOLICITORS, Munns & Longden ; Allen & Edwards ; Trinders & rights are to enter in a peaceable and an easy manner,
Curtis-Hayward. and if they cannot do so they must apply to the courts." Since a license which practically authorizes the eject
SETTLEMENT-RECTIFICATION-MOTION FOR JUDGMENT ment of the lessee, in certain events, without any legal
-VACATION BUSINESS.— In a case of Hutchinson v. Hutchin. process is sometimes inserted in leases, by way of a son, before Cave, J., Vacation Judge, on the 31st alt., sb proviso for re-entry, Mr. Justice Fry's decision in application was made for the rectification of a settlement in Edwick v. Hawkes may possibly lead to the question consequence of the common mistake of the parties. There being raised in another form.
was ample evidence of such mistake, and the matter was now brought by special leave upon motion for judgment. For the trustees and infants interested under the settlement the matter was left to the court, and the trustees did not object to an order provided the court were satisfied as to the sufficiency of the evidence. CAVE, J., thought
the evidence strong enough to justify the rectification, and TRESPASS-INJUNCTION-BALANCE OF CONVENIENCE.
made an order on the terms of that made in the case of
Harley v. l'earson (L. R. 13 Ch. D. 545).-SOLICITORS, In a case of Adams V. Army and Navy Hotel, before Kay, J., Vacation Judge, on the 25th ult., a motion was
Ridsdale & Son; Hopwood & Co. made for an injunction to restrain the defendants from trespassing upon a piece of freehold land, the property of the plaintiff and his mortgagees. The contractor for the erec ADMINISTRATION - TRUSTEES — DISAGREEMENT - RE. tion of the defendants' hotel was now using the land for the CEIVER OF ESTATES IN JAMAICA.-In the case of Is re deposit of his building materials, and for the purposes of Harvey, Harvey v. Lambert, a motion was made by one of the works. The plaintiff had offered by letter to let the three trustees that he might be appointed receiver and land to the defendants for three months, for such purpose, manager of certain estates in Jamaica, or otherwise for for a sum of £200, the defendants to give up possession in a reference to chambers to appoint such receiver. The case of sale by the plaintiff within fourteen days after applicant was appointed trustee on his attaining twenty-fire. notice, and on the expiry of the three months upon receive Ho had attained that age, but was unable to agree with the otber ing seven days' notice. The plaintiff alleged that no bind. two trustees as to the management of the property. He ing agreement bad been come to, as auch agreement was de | further alleged that one of the other trustees had in. pendent upon a formal agreement being executed and sealed volved the trust estate in a loss of £700. CAVE, J., said be by the company, and further that the defendants had insisted could not appoint the applicant receiver and manager, lut upon the second mortgagee giving bis consent to the letting, be would direct the usual reference to chambers for that wbich he had not done. The defendants, on the other hand, purpose. Each of the parties would have leave to nominato alleged that a binding agreement had been come to several himself, and the carriage of the order should not prejadice months ago, and they had, in reliance upon such agreement, the appointment.-SOLICITORS, Tilson & Byrne-Jones ; q'ucker taken forcible poskession of the land, and banded over the f Lake.
CASES OF THE WEEK.
of Cologne, who had opened negotiations for the marriage of SOCIETIES.
one of the King's daughters with a son of Emperor Frederio Barbarossa. The marriage of the Emperor's son to the
King's daughter was not successful; but the negotiation of THE ASSOCIATION FOR THE REFORM AND the marriage of Princess Matilda to Henry the Lion was CODIFICATION OF THE LAW OF NATIONS.
effected, and from this marriage sprang William of Winchester,
the progenitor of the line of Brunswick Princes—a line which, The niath annual conference of this association was opened after an interval of five centuries, succeeded to the throne of on the 16th inst., in the Hansa Hall, in the Stadthouse of the Plantagenets. This charter, which owed its existence to Cologne, by Obërburgermeister Dr. Becker. The attendance, the animosity of King Henry to Archbishop Becket, owing to the unpropitious weather, was not large. Among the inveterate foe of the Archbishop of “Cologne, Those present were Judge Field, Judge Peabody, Mr. David
whom our King hoped to wound by favouring D. Field, Professor Birkbeck, and Sir Travers Twiss.
his enemy, is the first authentic trading charter on record Dr. BECKER, in his introductory adddress, pointed to the in this country, and marks a period in the history of comextreme usefulness of a society formed to study and promote mercial treaties. The next charter in point of time was that iaternational law—subject of great importance in our granted by King Richard I. at Louvain, in the fifth year of days, when the interourse of races was assuming a vast and his reign, prompted by strong motives of gratitude for the international character. Five centuries and fifteen years ago, friendly assistance of the tben Archbishop of Cologne. The in the very hall in which they now had met, their forefathers charter is dated February 16, 1194. The romance attached discussed those international agreements resulting in a to the name of Richard I., his captivity and ultimate release treaty of the German States and those of the Netherlands on payment of 100,000 marks (ad pondus Coloniæ) are matters for the suppression of piracy, which had rested on the of bistory. Throughout the period of his captivity and final northern races like a blight. In those days international release the Archbishop of Cologne proved an unwavering compacts needed armed forces for the protection of life and | friend to the King of England. A fifth charter was granted property. The association that had assembled that day by King John on the 24th of July, 1210. This charter was resorted to other means to effect its objeot ; it sought by granted to the citizens of Cologne as a reward for their faith. the force of publio opinion to induce the civilized races to fulness to Otho IV., while pressed by the Gbibelin Eniperor agree to common international rules, and by awakening an Frederick II. These charters continued in force to the days interest in the question it bad undertaken to cement of Henry III. and Edward I. and II., constituting an indations together. They now only needed to coltivate a teresting record of the friendly relations between the citizens knowledge of what was right to arrive at a suocessfol of the city of Cologne and the Kings of England. The result in their endeavour to build up a complete system of measures and weights used by the merchants of that great international law. Pointing to the cathedral, Dr. Beoker commercial centre of German trade were in international said that all great works needed time and perseverance, use over the greater part of Europe, and more especially the but by those means succeAs was certain.
Northern States. The desire to encourage intercourse with Mr. H. H. Meier, obairman of the North German Lloyd the sturdy merchants of that city may be traced back even Steamship Company and of the German branch of this as far as the days of King Ethelred, Lappenberg inclining to Association, having been eleoted president of the confer. | that view in speaking of the homines imperatoris. ence, replied to Dr. Becker in a few appropriate words. The next paper submitted was the report of the Committee Sir Travers Twigs then presented to the Bargomeister two
on Negotiable Securities. It may be recollected that at copies of a charter granted by the Bargrave of the Berne last year five rules were agreed to, wbich subsequently Drachenfels to the Chapter of Cologne to quarry stones,
the Institute of Bankers adopted, and which it is believed dated A.D. 1285, and laid upon the table a brochure,
the Chambers of Commerce contemplate discussing at their giving an account of this charter, whiob, by some unex
next meeting in October. The principal points touched upon plained meads, found its way into the archives of the British | in these rules were unfettered negotiability and inviolaMuseum some fifty years ago. This concluded the reception bility of the document, which cannot be affected by any numceremony. The meeting then adjourned, and on re-assem.
bers or notice written on its face, placed on it to hinder bling at two p.m. the conference elected four vice-presidents
negotiability. -Damely, Mr. D. D. Field, of New York ; Dr. E. Wendt
Dr. Marcus then submitted a short treatise on Negotiable and Sir Travers Twisg, of London; and Judge Peabody,
Securities to Bearer, explaining certain proposals respecting of New York ; and Dr. Syodions Marons, of Bremen, and
international regulations of the laws on securities to bearor. Mr. H. D. Jencken, of London, were appointed secretaries
A discussion arose on the sixth resolution, which endeavoured of the conference.
to limit the time within which to bring an action on a The SECRETARY read the report of the council for the past
coupon to four years, and on the principal sum to thirty year. After referring to the decease of Sir Fitzroy Kelly,
| years, in which Mr. R. Lowndes, representing the Liverpool the former president of the association, to that of Dr. Bon.
Chamber of Commerce, Judge Field, of Washington, Mr. hardt, of Berlin, to whose energetic support the movement
H. H. Meier, and others took part. Finally it was agreed to towards codifying the law on bills of exchange was in a great
Dame a committee to consider the question, and a resolution measure due, and to that of Mr. C. Clark, Q.C., who took so
was passed, to be submitted at the re-as.embling of the active a part in framing the York and Antwerp Rules for
meeting. adjustment of general claims, he mentioned the progress
The SECRETARY then gave & short account of what had made in the adoption of the York and Antwerp Rules, and
been done in the question of an international law on bills the action taken in England to introduce & Bill for
of exchange. He referred to the success that had at. codifying the law on bills of exchange, a regret being
tended the endeavours of the association in awakening an expressed that the draft Bill laid on the table of the House
interest in the question of establishing a code on bills of ex. of Commons last session should have almost wholly ignored
change in England. The Bill brought in by Sir John the international character of the question, and that
Lubbock would barely answer the requirements of the day, no attempt was even made to amend the defective fea- |
| which needed that the laws on these instruments should in tures of our law in that respect. After the perusal of a letter
all their main features bo uniform. from Sir Robert Phillimore to Dr. Wendt, expressing
The SECRETARY then laid on the table a paper on the his regret at his inability as president of the associa
Scandinavian laws on bills of exchange, by Mr. Alfred tion to attend this meeting, the secretary submitted
Kirsebom. These laws are based on the general law on numerous letters, and the reports of the different com
bills of exchange of Germany (all genuine Deutsche mittees, of which those on negotiable securities to bearer,
Wechselordnung), and Mr. Kirsebom has placed in international copyright, and the law of affreightment were of
a brief treatise the new code before the English greatest interest.
public. In the year 1876, at the Bremen Conference The President then called upon Sir TRAVERS TWISS, who
of ibis association, twenty-three principles or rules read a paper he had prepared “On the Early Charters
were agreed to by an international commission which met granted by the Kings of England to the Merchants of Cologne."
on that occasion. Subsequently four additional rules were The fact of these charters being signed at Northampton
agreed to. These rules, with some slight exceptions, enables us to fix a date to them; they were granted either
were adopted by the International Royal Commssiion, and in in the year 1157 or 1164. In both of those years the King
the year 1880, the new code, embodying the alterations beld a Council meeting at that place, but the latter date is the
suggested by these rules, bat based otherwise on the more probable. Henry II. sought to favour the Archbishop 14
favour the Archbishop | German Code, received the Royal sapotion, having been
pageed unanimously by the Diets of the three kingdoms of Sweden, Norway, and Denmark. The laws of the three Scandinavian countries not only differed widely, but presented a mixture of conflicting customs and positive law, which, with sound practical sense, the Legislatures of these kingdoms, without hesitation, changed and consented to codify into one system. A translation of the ninety-six articles of the code was appended.
The meeting then appointed a committee, composed of Dr. Wendt, Sir Travers Twiss, and Mr. H. D. Joncken, with instructions to place themselves in communication with the British Government, in the hope that their attention might be directed to the importance of the international charaoter of bills of exchange, and the desirability of considering that aspoot of the question in framing a code of bills oi exchange.
In the evening the local committee gave a dinner to the members in the great banquet-hall of the Gürzenich, at which the Burgomaster, Dr. Becker, presided.
MR. WILLIAM HENRY HODGSON. Mr. William Henry Hodgson, barrister, formerly assistant solicitor to the Treasury, died at Carlisle on the 19th alt. Mr. Hodgson was the second son of Mr. William Hodgson, solicitor, of Carlisle (many years clerk of the peace for the county of Camberland), and was born in 1815. He was formerly fellow of Jesus College, Cambridge, and he was called to the bar at Lincoln's-ion in Michaelmas Termo, 1848. He was for about thirty years one of the staff of the Solicitor to the Treasury, and he was subsequently one of the assistant solicitors to that department, but a year or two ago he was compelled by ill health to resign his office. He bad had the conduct of many important Government prosecutions, including the Tichborne case and the City of Glasgoro Boat case in both of which the evidence was prepared under his directions. Mr. Hodgson was a magistrate for the county of Cumberland. He was unmarried.
THE COURT OF APPEAL.
MR. JOHN JAMESON.
Mr. John Jameson, solicitor, of Penrith, died at CirecMr. Justice Watkin Williams has addressed the following l cester, on the 21st ölt., in his ninety-first year. second letter to the Times :
Jameson was born in 1791. He was admitted a solicitor “B." asks me “to name a few instances-gay, half-a
about the year 1813, and he practised for many years at dozen to begin with "-of miscarriages of justice in the Court
Penrith. He had a good private business, and he was also of Appeal, and also “ whether any of them have been set
for several years treagerer for the county of Cumberland. right by the House of Lords, and, if not, why not." From
After his retirement from practice he was placed in the this question I perceive that “B.” has carried away a
commission of the peace, and he was most absiddons in different impression from my letter to that intended to be
his attention to his magisterial duties, his long profesconveyed, and has, therefore, not uonaturally misquoted me
sional experience adding greatly to his officiency. He was by severing & sentence from its context. “Half-a-dozen to begin with, and why they have not been
also a deputy-lieutenant for Cumberland. Mr. Jameson set right by the House of Lords"! I am astonished. I was
was a strong Conservative and had never abandoned his
objeotions to the introduction of Free Trade, and be took referring to certain very exceptional appeal cases, not by any means excluding House of Lords cases, as illustrating what
an active interest in all matters relating to agricoltare would be liable to happen in the event of the alteration in
Notwithstanding his great age, Mr. Jameson retained all the constitution of the Court of Appeal proposed by “ W. B."
his mental powers. He died while on a visit to his sonbeing carried into effect. Permit me here to repeat the words
in-law, Mr. Capel Croome, at Cirenooster. He was boried of my letter. After pointing out the greater exactness and
at Brougham on the 26th ult. more limited nature of the former appeals to the Exchequer Chamber and the House of Lords, I proceeded to say“ Now, on the other hand, every appeal is a re-bearing of the
MR. RICHARD WILDMAN. whole cause on its merits; and points and questions of fact as
Mr. Richard Wildman, many years a judge of county well as law that may have been overlooked, or neglected, or
courts, died at Lucerne, on the 29th ult. Mr. Wildman vas even abandoned, and not thoroughly investigated at the trial
the youngest son of Mr. James Wildman, of Chilham are liable to be raised and seriously relied upon for the first
Castle, Kent. He was born in 1802, and he was edictime in the appellate court ; 80 that without a thorough
cated at Harrow and at Christ Church, Oxford. He was practical acqnaintance on the part of the appellate judges
called to the bar at the Inner Temple in Michaelmas Term, with the course and incidents of trials the grossest miscarriage
1829, and he practised for many years on the Midland of justice is liable to take place, and in fact does take place,
Circuit. He had a good criminal business, and he held a even when unexceptionable law and admirable legal principles
brief for the defence in the celebrated prosecution of the are laid down." I neither retract nor qualify a word
Sutton-in-Ashfield Chartists in 1839. In 1837 he became of this. What I intended to convey by this language was
recorder of the borough of Nottingham, and he held that that in an appellate court, where the whole matter is brought
office until within the last few months. Mr. Wildman res under review in the form of a re-hearing, a miscarriage of
for some years judge of the old Derbyshire Court of Request, justice is liable to take place where the tribunal is not
the jurisdiction of which was absorbed in that of the county thoroughly at home in all the practical and detailed working courts, and after the passing of the County Courts Act, 1836, of the original proceedings, and that such miscarriages he received from Lord Cottenham the appointment of judge did in fact occur in practice. My statement was not confined
of county courts for Circuit No. 18, comprising Nottingham to a particular appellate court, as “ B." assumes ; and,
and the surrounding district. He discharged his jadicial in fact, the principal case that was present to my mind was
duties for over thirty-four years, but in the spring of the prea House of Lords case, in which the decisions of all the sent year he was compelled by failing health to resiga both inferior courts were reversed. I am willing to furnish “ B.” | his judgeship and his recordership. with the references to the cases that were present to my mind when I come within the reach of books ; but I am bound to say that, from my point of view, it would not advance the discussion which I entered upon to embark A certain manufacturer, who had made a composition with upon, possibly, a controversial examination of decided his creditors, was under cross-examination at the assizes. cases within the cramped limits of such a correspondence as “Now, sir," cried Mr. Bagwig, ferociously, "attend to me! this. Such an expression of opinion as I have ventured Were you not in difficulties a few months ago ?" "Nos * upon must, I think, be left to the general verdict of the “What, sir ? Attend to my question. I ask you againlegal and professional publio, including the solicitors, the and pray be careful in answering, for you are upon your bar, and the whole judicial body, and to that I am content oath, I need hardly remind you-were you not in difficaltirs to leave it.
some months ago 2 " "Noa-not as I knows of." "Sir, do I will only add that the whole aim of my letter, which I yon pretend to tell this coort that you did not make a conmast now assume to have been badly expressed, was to position with your creditors a few months ago ?" "Oh, question the wisdom and expediency of the proposed change ab," a bright smile of intelligence spreading over the in the constitution of the Court of Appeal, which, as now
ingenuous face of the witness, "that's what you mean, is it? constituted, has given such general satisfaction to the suitors,
| But, ye see, it were my creditors as were i' difficulties then, to the public, and to the legal profession.
i an' not me."-Central Law Journal.
FRIENDLY SOCIETIES DISSOLVED.
Houso, Liverpool. Ang 23
North Marston, Bucks. Aug 23
nas | YSPYTTY IFAN SOCIETY, Yspytty Ifani, Denbigh. Aug 23 been appointed a Commissioner to administer Oaths in the
[Gazette, Aug 26.] Supreme Court of Judicature.
Mr. EBENEZER JOHN BUCHANAN, barrister, has been appointed a Puisne Jadge of the Supreme Court of the Cape Colony, on the resignation of Mr. Justice Jacobs. Mr. Jostice Buchanan was called to the bar at Lincola's.ino in
CREDITORS CLAIMS. Hilary Term, 1873.
Mr. WILLIAM DIXON, solicitor (of the firm of Dixon & CREDITORS UNDER ESTATES IN CHANCERY. Syers), of Liverpool, has been appointed a Perpetual Com
LAST DAY OF PROOF. missioner for Lancashire and Cheshire for taking the Acknow. BARTI, GEORGE, Government Contractor, and EMMA BARTI, ledgments of Deeds by Married Women.
Rectory place, Woolwich. Nov 1. Barth v Sutherland, V.C. Hall.
Whale, Queen Victoria st Mr. ALBERT GIBSON, solicitor, of 35, Southampton-build. HALL, TÍOMAS, Farnham Royal, Bucks, Gentleman, Oct 3. Clark ings, and St. Mary Cray, has been appointed a Commis. v Hall, M.R. Walsh, Bicester sioner to administer Oaths in the Supreme Court of Judi.
MARTIN, AUGUSTINE PÄILIP, Manor rd, St John's, Deptford. Oct 1.
Boisset v Martin, V.C. Hall. Taylor and Co, Great James st, cature.
Bedford row Mr. WILLIAM ALFRED PITT, solicitor, of Bristol, has been
METCALP, HENRY CARISTOPHER, Hawstead, Suffolk. Oct 1. Met
calf and another v Blencowe and another, V.0. Hall, Tamplin appointed Clerk to the Bedminster School Board. Mr. Pitt
and Co, Fenchurch st. was admitted a solicitor in 1874.
MURRAY, JOIN, Morten House, Maida hill, Gont. Creditors in Mr. THOMAS Rigg, solicitor, of Wigton, has been
England, Oct 1; elsewhere than in England, Jan 2. Dickson v
Murray, V.0. Hall. Hodgson, Salisbury st, Strand appointed Clerk to the Magistrates at that place. Mr. Rigg
( Gazette, Aug 19.7 was admitted a solicitor in 1879.
LAMB, THOMAS, Sale, Chester, Plumber. Sept 30. Lamb v Lamb,
District Registrar, Manchestor. Booto and Edgar, Manchester SMITH, EDWIN, Globe rd, Mile End, Debt Collector. Sept 20, Smith
v Smith, M.Ř. Sorrell, Gt Tower st DISSOLUTIONS OF PARTNERSHIPS.
TURNER, THOMAS, Thornton Heath, nr Croydon, Veterinary Surgeon, ALEXANDER CLEMENT FOSTER Gough, doctor of laws,
Oct 1. Sherriff v Gover, Fry, J. Chester, Newington Butts ánd WILLIMÅ HENRY COLEBOURN, solicitors (Gough &
[Gazette, Aug 23.7 Colebourn), Wolverhampton, July 31. William Henry Coleboura will honceforth carry on the practice in his own CREDITORS UNDER 22 & 23 VICT. CAP. 25. name.
LAST DAY OF CLAIM. THOMAS LEWIS and RALPH WATSON, solicitors, 28, Grace
ANDREW, JAMES, Compstall, Chester, Gent. Sept 15. Brooke, Hyde church-street. August 14. The accounts to be adjasted BIRKETT, JONATHAN, Louth, Lincoln, Wine Merchant. Oct ). Bell and settled by Ralph Watson.
and Ingoldby, Louth [Gazette, August 30, 1881.] BORMAN, TIOMAS JOHNSON, Swallow, Lincoln, Gent, Oct 11. Bell
and Ingoldby, Louth
Green and Dixon, Northwich
1. Yarde and Loader, Raymond buildings, Gray's inn
CBITCILOW, JOHN, Litherland, Lancaster, Gent. Sept 15. Brabner WINDING-UP NOTICES.
and Court, Liverpool
DENNISON, MATTHEW, Wordsley, Stafford, Gent, Oct 1. Sanders JOINT STOCK COMPANIES.
and Co, Dudley LIMITED IN CIANORRY.
FLEMING, JOIN NICHOLSON, South Lodge, Champion Hill, M.D. ARMY AND NAVY PROVISION MARKRT, LIMITED.--Cavo, J., has, by Sept 29. Garrard and Co, Suffolk st, Pall Mall East
an order dated Aug 18, appointed John Young, 41, Coleman st, to FORD, ANN ELIZABETH, St Alban's, Herts. Oct 1. Emanuel and be official liquidator
Simmonds, Finsbury circus ENFIELD STUD AND RACE COURSE COMPANY, LIMITED.-By an FROGGAT, NANNY, Bradwall, Sandbach, Chestor. Oct 10. Bygott,
order made by the M.R., dated May 28, it was ordered that the Sandbach above company be wound up. Rumnoy, Walbrook, solicitor for HOLMES, WILLIAM, Doncaster, York, Gent. Sept 1. Barker, Leeds the petitioner
KEARSLEY, JANI, Salford, Lancaster, Sept 12. Walker and Co, INDUSTRIAL BANK, LIMITED.-Petition for winding up, presented Chester Aug 26, directed to be heard before Cave, J, on Sept 7.* Durant,
KENT, JACOR, Middleton, Lancaster, Grocer. Aug 20. Tweedale jun, Guildhall chambers, Basinghall st, solicitor for the petitioner
and Co, Oldham JOSEPI WBIGHT AND COMPANY, LIMITED.-Petition for continuing MARTIN, JAMES, Manchester, Hemp Spinner. Sept 30. Barrow and
the voluntary winding up, presented Aug 24, directed to be heard Smith, Manchester before the Vacation Judge on Sept 7. Warmington, Gresham MOUNT, JANK, Stratford, Essex, Sept 20. Hillearys and Taylor, bldgs, Basinghall st, agent for Warmington and Thompson,
Fenchurch bldgs Dudley, solicitors for the petitioners
OLDIAM, JAMES Nash, Bridlington Quay, York, Gent. Oct 1. SUTTON PARK CRYSTAL PALACE COMPANY, LIMITED.-Cave, J, has
Burton and Co, Nottingham fixed Sept 6 at 11.30, at the chambers of the M.R., for the appoint
PHIPPS, HENRY, Marsh Gibbon, Buckingham, Horse Dealer. Sopt 1. ment of an official liquidator
[Gazette, Aug 26.] RAY, WILLIAM, Claro, Suffolk, Gent. Sept 17. Jackson and Vincent, ASTON HALL COAL AND BRICK COMPANY, LIMITED.-Petition for Claro winding up, presented Aug 23, directed to be heard before Cave, SUMMERS, WILLIAM ALLTOFT, Kingston upon Hall, Gent. Oct 1. J, on Sept 7. Lickorish and Bollord, Queen Victoria st, solicitors
England and Co, Hull for the petitioner
TYRRELL, EDWARD, Horton, Bucks, Esq. Sept 30. Spyer and Son, IMPRRIAL Union ASSURANCE COMPANY, LIMITED.-By an order
Old Broad st made by the M.R., dated Aug 6, it was ordered that the above WALTON, CHARLOTTE, Marlbrook, Bromsgrove, Worcester. "Sopt 30. company be wound up. Ramskill, Union ct, Old Broad st, soli. Morgan, Birmingham citor for the petitioner
[Gazette, Aug. 16.) INDUSTRIAL BANK, LIMITED.--Petition for winding up, presented
Aug 26, directed to be heard before Cave, J, on Sept 7. Beall and BLOFELD, Rev THOMAS JOHN, Hoveton House, Norfolk. Nov 15. Co, Queen Victoria st, solicitors for the petitioner
Blake and Co, Norwich PATENT AUTOMATIC KNITTING MACHINE COMPANY, LIMITED. BRAVO, JOSEPH, Palace greon, Kensington, Merchant. Oct 1.
Petition for winding up, presepted Aug 22, direated to be heard Tweedie, Lincoln's inn fields before Cave, J, on Sept 7. Lickorish and Bellord, Queen Victoria BRUCK, MARY ANN, Brighton, Sussex, Sept 29. Roy and Cartst, solicitors for the petitioner
wright, Lothbury Watson, KIPLING, AND COMPANY, LIMITED.-Petition for winding BRUNSDON, CHARLES, Caversham, Oxford, Plumber. Aug 31. Crood,
up, presented Aug 27, directed to be heard before Cave, J. on Sept Reading 7. Orowder and Co, Lincoln's inn fields, agents for Ward, Mid CHAPMAN, ALLEN, Huddersfield, Butcher. Oct 1. Bottomley, dlesborough, solicitor for the potitioners
Huddersfield WIBAL ELIZABETI, LIMITED. --By an order made by Cave, J, | CROMPTON, HENRY, Worcester, Licensed Victualler. Sept 20. Gibbs, dated Aug 17, it was ordered that the above company bo wound
Bromyard rd, Worcester up. Beall and Co, Queen Victoria st, solicitors for the petitioner
FELLOWES, Rev Thomas LYON, Honingham, Norfolk. Nov 30. Fox, WORKING MEN'S MUTUAL SOCIETY, LIMITED.-Petition for winding
Norwich up, presented Aug 26, directed to be heard before Cave, J, on GILES, WILLIAM, Lochlade, Gloucester, Gent, Oct 12. Crowdy and Bept 7. Beall and Co, Queen Victoria st, solicitors for the peti. Son, Faringdon tioner
| Hewson, Mary, Great Driffield, York, Oct 1. Jennings and Co, [Gazette, Aug. 30.) 1 Driffield