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further. It is, however, a scandal and disgrace that
provides that a bankrupt or liquidating trader within the administration of justice should be 80 seriously im
four months before his bankruptcy or liquidation pawning, peded.
pledging, or disposing of, otherwise than in the ordinary It is bad enough to have to proceed to judgment, but way of his trade, any property which he has obtained on it is still worse when the judgment has been obtained,
credit and has not paid for, shall be guilty of a misdeexecution issued, and the money recovered thereunder, meanor and be liable to imprison ment. And it has been that the officer of the State should retain it, and only held that a debtor giving a bill of sale within four hand it over practically at his own pleasure. Indeed, I am months of his liquidation or bankruptcy over stock-intold that one officer makes it a rule to hand over the trade which he has not paid for comes within that subfruits of an earlier execution by paying over the
section. So that the Legislature evidently hal in mind proceeds of a later one, and thus rings the changes.
when passing that Act some of the evils attending the The Corporation of London has in many ways and
giving of bills of sale over stock-in-trade. Now, is it not at many times been instrumental in effecting a great something of an anomaly that, whilst punishing a debtor many improvements, and I hope that Mr. Fraser will criminally in such a case, yet the law upholds the trans. succeed in his efforts to bring this matter under their action itself if given for a present adrance? Would it notice, so that some steps may be taken to prevent the
not be better, by providing for the avoidance of such a serious annoyance to which suitors are now frequently
bill of sale, to save a debtor from the temptation ? subjected.
Again, I have known many cases where a debtor has It may be true that all sheriffs' officers are not alike given a bill of sale more than four months prior to his in this respect, yet it is sufficient to justify interference liquidation or bankruptcy, to cover after-acquired propthat it is within their power to act in the way some of erty, the result being exactly the same evil as was conthem unquestionably do.
templated by that sub-section, and yet the debtor bas The matter is, from the lowest point of view, at least |escaped from any criminal consequences. Why should this worthy of the fullest investigation, and the united be so? I cannot see any moral difference between the wisdom of the Law and City Courts Committee ought two cases. to be able, with the co-operation of the Lord Chan. With regard to the order and disposition clause (seccellor, to suggest some suitable remedy.
tion 20) of the Bills of Sale Act, 1878, fears were ei. October 17.
A CITY SOLICITOR. pressed at the time the Bill was passing through Par
liament that that proposal would result in creating very many greater evils than it would remedy, and I think the
statistics as to the great increase in the number of bills BILLS OF SALE.
of sale since that Act came into force fully corroborate [To the Editor of the Solicitors' Journal.] those fearg. But I venture to think that, without going Sir,--I have perused with great interest your report of
back to the old law, many of those evils would be the able paper read by Mr. Saunders, of Birmingham, at
mitigated, if not entirely done away with, by the propo. the recent meeting of the Incorporated Law Society at
sition I have here suggested. HEXRY P. JOXES. Brighton upon the subject of Bills of Sale, and the dis
Manchester, October 17. cussion which took place thereon. It appears to me that a more important subject, as affecting more particularly the trading portion of the community, could not engage the attention of the profession, and, with your
THE BRIGHTON MEETING, permission, I propose to make a few remarks thereon, [To the Editor of the Solicitors' Journal.] the result of a considerable number of years' experience
Sir,-Owing to the imperfection of the few observations in managing the bankruptcy department of a firm of
| which I made at the Brighton meeting on the subject of solicitors enjoying one of the most extensive commercial |
Bills of Sale, I am, in your excellent account of the practices in the provinces.
recent meetings at Brighton, made to say that I desire Whilst agreeing to a limited extent with the majority
the repeal of the clause relating to order and disposition of the meeting as to the propriety of allowing a person
in the Bills of Sale Act, 1878. What I intended to possessed of personal chattels, such as furniture owned
mention was, that I not only objected to so much of the by a lodging-house keeper, machinery by a manufacturer,
resolution before the meeting as exempted future propand similar cases, to raise money thereon by bill of sale,
erty from bills of sale, but also to so much as proposed to I still think the principle propounded by Mr. Saunders, and others forming the minority, of rendering it illegal
repeal section 20 of the Act. by enactment to grant a bill of sale on personal effects,
In the result it will be seen that by a very large and might well be applied to stock-in-trade and articles in
conclusive majority the meeting decided against the exwhich a debtor deals in the ordinary course of his trade,
clusion of future property, and in favour of the inclo. and more particularly with regard to after-acquired
sion of property in the order and disposition of the property of that nature. There is, in my opinion, the very
grantor: in other words, that in these two respects widest possible distinction between the two kinds of
there should be no amendment of the law. personal effects, and it is in cases of bills of sale over 2, Soho-square, W., October 17. W. J. FRASER. stock-in-trade that the evils of the present law are mostiy felt. I have had to deal with very many such cases in my experience, and I have come to the conclu. son that where a debtor is compelled to resort to the expedient of raising money on his stock-in-trade, it is quite
The health of Lord Selborne is stated to have greatly t'me that he should be prevented from further carrying
improved during the last few days. His lordship has been on business. In ninety-nine per cent. of such cases he
| ordered extremo quiet and thorough rest from oficial work. has to pull up at no great distance of time, and then the
He will remain for this purpose at his country seat at Peters
field until Parliament meets. creditors find themselves in the very unpleasant position of having a debtor without assets, those being swept
For some reason, says the Daily News, the energy away under the bill of sale by some usurer, or, not un.
which characterized some stages of the work at the nee. frequently, by some friend of the debtor. Now I think
law courts has of late died down considerably, and unless a very short enactment would most effectually deal with
very important augmentations of strength can be made it
is really difficult to say even approximately when the this evil by providing that the giving of a bill of sale by
work will be finished. There were last week something a trader over his stock-in-trade should constitute an act
under 200 men employed apon the building. They of bankruptcy.
have since been brought up to between three and foar Section 11, sub-section 15, of the Debtors Act, 1869, hundred.
hensions entertained by those who have not closely studied THE BRIGHTON MEETING.
the subject, or are unfamiliar with the origin and the
nature of the law relating to the possession of, and power ONE WHO WAS PRESENT” sends us the following to deal with, landed estates. Mr. Bell is now in his observations on the recent meeting of the Incorporated Law eightieth year, and it is noteworthy to find that so experiSociety :
enced and eminent a member of the profession is gl«d to Some doubt was expressed after the meeting last year give to his brother professionals the result of his years of at Sheffield whether the Sussex Law Society had not under- experience, and to incur the trouble-for it was no little taken too great a task in the invitation which they gave to trouble-of preparing the paper to which so many had the the Incorporated Law Society to hold their eighth annual pleasure of listening. It was not, however, to be expected provincial meeting this year at Brighton. I believe some that it would pass without provoking hostility in some communication was made to the Sussex Law Society with a quarters. A suggestion was made that a copy of Mr. view to assist them in the task which they had undertaken, Bell's paper should be sent to each member of the Houses but after mature consideration they resolved to adhere to their of Parliament. There is no reason why this should not original determination. They are certainly to be most heartily still be done, and perhaps it is a pity that the proposer of congratulated upon the great success which bas attended their this suggestion did not press it to a vote, as from what efforts; and the brilliant reception given by them to the lo- was afterwards expressed it is probable the proposal would corporated Law Society will live long in the memories of have been adopted. those who were so wise as to accept the invitation. Whether Some difference of opinion was at first manifested as to regard be had to the convenience and adaptability of the the advantage of the paper read by Mr. Sawyer on Land rooms in'which tbe meetings were held, or to the excel. Tenure and Division in Brighton and the neighbourhood, lence of the very recherché lunch which was so liberally but as the information which the paper contained became provided each day, or to the grand banquet which was so knowo it was generally felt that it conveyed to many presuccessfully arranged in the Dome, or whether atten sent knowledge which they would not otherwise have tion be exclusively confined to the conversazione and acquired, and which was not without use as indicating ball held in that magnificent suite of rooms at the the variety of forms in which land tenure and division Pavilion, which are unexcelled in any other part of exist throughout the country. the county, or to the dinners at which the various soli One was glad to see so young a member of the profession citors of the town entertained small parties on Wednes. as Mr.J.S. Rubenstein reading a paper on Lord Cairos' Act. day, or to the excursions so wisely arranged and so ably | It was listened to with marked attention, and from some carried out on Thursday, it cannot be doubted that neither expressions which fell from different members, it is quite time nor expense had been spared to prepare for the enter evident that the paper imparted to them knowledge which tainment in the fullest and most acceptable manner of the they had not yet obtained from the Act. It produced an large number of guests who attended the meeting. Some- interesting discussion with regard to the future remunera. times where so much has to be done in comparatively so tion of solicitors, which will, of course, have to be sbort a space of time, those who may not have participated materially altered when the Act in question comes into in tbe requisite preliminary labour are rather apt to overlook operation. A very earnest desire was expressed in differthe hard work which has to be done in order to bring to a suc ent quarters that the council should speedily direct cessful issue so many different arrangements.
their attention to the Solicitors' Remuneration Act, The courteous and able president, Mr. Howlett, is and without loss of time consult together as to entitled to the warmest thanks of all, as well as the the form in which it would be best to give effect to vice-president, Mr. Williams, who did all in his power the Act and to prescribe those rules by which solicitors most efficiently to aid Mr. Howlett. It is not too much should be guided in the adoption of its provisions. There to say that Mr. C. C. Druce more than justified the were many present from oitlying districts, who, in matters expectations wbich had been \formed of the way in which of this kind, have for the most part no other guide to he would discharge the responsible duties of his position. follow than the directions of the council, who cannot give His address was plain and practical, and, if not so expan. too close or too speedy a consideration to this really imsive as some of those of his predecessors, this was no portant matter. A fear was expressed lest the members drawback and had the advantage of securing more time for of the council, many of whom have had experience the reading and discussion of the papers which followed. It chiefly in the management of large matters, should be was wisely arranged that, concurrently with the reading of inclined to bestow too little attention in considering how the address, prints of it should be circulated in the room. provision should be made for the remuneration of those Each year, by the way, the preparation of the annual ad- solicitors who have to deal with comparatively small purdress becomes more difficolt, since it is not always easy to chases, mortgages, and sales, and whose interest in this find new topics for consideration, and to adorn an address, respect has not hitherto been too much heeded by the except at the risk of repeating observations previously made, council. It is those transactions, say from £300 up to with those remarks which are so essential to the completeness £1,500 or £2,000, which form the great majority of the of its composition. Mr. Druce successfully steered the matters with which solicitors are constantly called upon meeting over a few difficulties, and exercised in a quiet, un. to deal, and which very often give as much, if not more obtrusive way a degree of firmness and courtesy which he trouble, in consequence of the variety of dealings with will no doubt find to be of value when the council summon them, than property of larger value. the proposed meeting to consider the report of the Legal Pro The meeting was indebted to Mr. Saunders for his cedure Committee, which is sure to provoke a large amount excellent paper on Bills of Sale. At first there was a of interesting and warm discussion.
disposition to let Mr. Saunders have everything his own way. There were not a few plausible observations in the paper As was remarked by Mr. Bramley, of Sheffield, there is someon Bankruptcy read by Mr. Bernard Wake. Some of the times a disposition at these provincial meetings to grasp only trenchant principles which he enunciated were not without one idea, and because an important matter is ably dealt their effect, and his paper was valuable as promoting a lively with froin one point of view, to ignore what could probably and interesting discussion, which will not be without ad- be said on the other side, and hence resolutions are somevantage in determining the legislation which must so soon time: passed with insufficient consideration. This is because take place in reference to this matter. Prominence was the reader of the paper has been able to get up his subject necessarily given by the president in his address to the ad. from his point of view, while those who may be disposed to mitted need for the appointment of a chief judge of equal take a contrary view, being ignorant of the line which the rank with the judges of the Supreme Court and devoting his reader proposes to take, bave consequently not had the whole time to the duties of his office, as a fundamental part opportunity of lookiog into the subject and formulating of any amendment in the bankruptcy laws. This is a point their ideas in such a manner as to be able to give satisfactory upon which the profession has more than once expressed a expression to what they would desire to say. The president very decided opinion, and it is somewhat gratifying to know wisely called for some resolution on the matter, at the same that it will be conceded in its integrity in the Bill which time pointing out the difficulties which the council had exit is intended to introduce into Parliament next session. perienced in dealing with it owing to the differences of
The paper of Mr. A. Bell was aimed at misconceptions opinion prevailing, not only between town and country at the present time existing with regard to the effect and members, but also between town members themselves and beoperation of settlements. The paper was a most able one, tween provincial members. The meeting was at this time largely and is calculated to remove a great many of the misappre- ' attended, and those of the resolutions which were carried
may be taken as representing the views of the profeesion mitted to the meeting, and the members' views taken there. generally. Mr. Saunders was, of course, not satisfied with the on. result, and did not bail with very much satisfaction the Mr. G. R. Dodd was both entertaining and instructive in his practical but logical course which Mr. Wake proposed to take essay on the “Rights and Claims of Married Women." The with a view to rendering bills of sale altogether void.
paper might, in some respecte, have been advantageously The position and prospects of the profession were ably abridged, and closer attention confined to the remarks contained dealt with by Mr. William Ford in his admirable paper. in the latter part. A meeting is liable to become impatient if This gentleman was for many years a member of the too much time is occupied in tracing the mere actiquated council, and was president at the time when Mr. Clabon history of a subject at the sacrifice of insufficient attention and otbers were 80 anxious, with a view, as it was thought, being given to the more practical part of the paper. Mr. of effecting amalgamation, to introdace a school of law | Dodd may on another occasion take up some of his sugges. common to both branches of the profession. Mr. Ford patar. tions and argue them to a conclusion, and thus enable bis ally could not resist the temptation of referring to the readers to see more clearly wbat are his conclusions and how objections which existed, and wbich still appear to exist. | far they are practicable. to that proposal, in favour of which very little can be said | It was hardly to be expected that the meeting wonld be after tbe reason8 go convincingly and powerfully arged
| allowed to pass without à contribution from Mr. Godfrey. by Mr. Ford, He gave his paper a practical turd, and
Although he was some time in arriving at the subject which concluded by a motion which in somewhat altered terms,
was announced as the title of his paper, yet the president wisely suggested by Mr. Walters, was ultimately adopted
correctly ruled that he was in order in the way in which his with perfect unanimity. No doubt the connoil, whose
subject was dealt with. Mr. Godfrey would prefer that the attention to this point has never been relaxed, will take
council should have waited until they could secure the in. the earliest available opportunity of giving effect to the
mediate transfer of the solicitor from one branch of the pro. resolution placing in their hands a power, subject to appeal,
fession to the other, but, as was explained on the part of the to dispense with the preliminary examination, or rather, as
council, it was thought that they had not only acted wisely was suggested by some, to dispenge with certain of the
but well in the instalment of justice which they had acoepted, subjects now demanded. In dealing with this matter it
and that reasons might be found to satisfy those who though
differently that the period of one year was from many points should not be forgotten that one reason for introducing tbe dispepsing power was to provide for tbe cases of those
of view a wise arrangement. The feeling, however, of the who had been many years in the profession, and who were
meeting was to leave the matter in the hands of the council to
do the best they could without bringing about that analga. Daturally looking forward to their articles without having to undergo the examination. Besides which the fact that
mation of the two branches of the profession wbich it seems
to be the chief object of Mr. Godtrey to secure. the clerical and medical professions always insist upon an
An expression of regret was in some quarter felt that the examination of this desoription is a powerful reason why
meeting did not have the opportunity of hearing Mr. tbis dispensing power should not in fature be exercised,
Kimber's paper on the “ Abolition of Taxation upon Justice." gave under the most exceptional circumstances. It was
However instructive the paper might have been, it would ceralso felt that to insist upon the preliminary examination tainly at least have been amusing, and at meetings of this would give some protection against the temptation to which kind a little judicious hilarity frequently creates a pleasing solicitors are liable to be exposed when asked to artiole
diversion. True, all the papers which are not read will be clerks, not altogether qualified, but who otherwise threaten
printed by the society and circulated in the usual way, bus to leave, or who, in consideration, consent to receive a
of course the papers do lose some of their value wbdo not small salary or to serve a solicitor on satisfactory terms
read. who has but recently commenced to practice. Casee, it
It was somewhat unfortunate tbat Mr. Mackrell's paper was stated, migbt be mentioned in which solicitors, either on “ Law Writers and Night Work" was not reached. It comparatively young or not too successful in the profession, I deals with an interesting subject, which a man of Mr. had generously, bot opwisely, yielded to the persuasion Mackrell's experience and judgment world not be willing to and pressure which had been employed.
take in hand, except he was sure of the need of calling Some disappointment was felt that Mr. Keen had not attention to it. It would appear that there are a large found time to prepare one of those sbort, tersely-expressed number of evils operating in a variety of ways in consequence papers which have been expected almost as a matter of of the lateness of the bour at which solicitors give out copy. course. He took advantage, however, to get a resolutioning and engrossing work, and the unnecessarily early hour carried respecting the number of unqualified persons who at which such work is required to be done. It is easy to etill intrench upon the prerogatives of the solicitor at the perceive that this leads to results which are yasatistasexpense of the public. In his hands the matter is sure to tory to all parties-unsatisfactory to the men who be effectively and judiciously handled, and next year he have to do the work, and by no means satisfactory will be able to state the result of the council's action with to the stationer or the solicitor for whom the work has regard thereto. Some slight pressure it seems was put upon to be done. There are, of course, times wben, during the Mr. Manning to postpone the reading of his paper on pending of a great trial, copies must be made as expeditiously Parliamentary Procedure, as being scarcely in barmony with as possible. It cannot be doubted that there is a great want the business which the meeting was assembled to transact. of consideration on the part of solicitors and their clerks in The subject, bowever, of Parliamentary Agents was a few giving out work too late in the day, and by requiring it to years since dealt with by Mr. Clabon, and from the expres- be done earlier in the morning tban is really needed. I sions of approval with which certain observations made by cannot doubt that if this paper bad been read, some resolution Mr. Manning were received, it cannot be doubted that it would bave been passed recommending the council to con, was, after all, well arranged i hat his paper should be read. sider the matter, and to communicate with the profession It was intended at its conclusion to interrogate Mr. Keen as thereon in such form as might be thought most suitable. to what had been the result of his endeavour to induce The matter, however, will not be allowed to drop. Mr. the council to take steps with a view to obtain from the Mackrell is by no means a man who, baving put his hand to profession a parliamentary representative, but the time was the plough, will be disposed to look back. He will, no sbort, and the president was right in suggesting that the doubt, communicate with the council, and furnish them with reading of ihe papers should be proceeded with, Mr. Keen suggestions as to the way in which he considers thoy can has not, I am sure, lost sight of the subject, and on the effectively deal with tbe matter. Indeed, I have just learned first fitting opportunity wili, I hope, direct his attention that if the opportunity had offered, Mr. Mackrell would have thereto. It is, of course, a subject wbich will bear con- moved the following resolution :sideration, and can afford to wait. Probably Mr. Manning, “That this meeting, baving been made acquainted with in preparing bis paper, was influenced by a desire to further the evils wbich result to law writers and their families from the movement.
a very large proportion of law stationers' work having to be. The fusion of the superior and inferior cruits is a subject done at night and on Sundays, and having been informed which was fittingly noticed by Mr. F. K. Munton, and tbat these evils could, to a great extent, be remedied by work although there was no time to discuss any of his various being given out by solicitors early in the day, or by its not proposals, yet the day is probably not far distant when re being required to be sent home until tbe middle of the next form will take place in the direction indicated by him. If | day, earnestly hope that the members of the society will there had been time, the series of recommendations with establish this as a regulation of their offices so far as the which he concluded might conveniently have been sub- I exigencies of business will allow."
CASES OF THE WEEK.
It is much to be desired that the papers by Mr. Hanhart usual compulsory order on both petitions, and gave the and Mr. William Ford should be speedily circulated, as they carriage of it to Rowdep.-SOLICITORS, Nash & Fidd; will, no doubt, convey some useful information and sug- Blagden; S. B. Turner; F. W. Reynolds. gestions which may properly form the subject of consideration prior to the meeting which the council proposes to call on the subject of Legal Procedure.
TRADE-MARK-INFRINGEMENT INJUNCTION-FORM OF The extent to which I have ventured to trespass upon
ORDER.-In Caruncho v. Stephenson, also before Care, J., your space must be the excuse for breaking off so abrnptly,
sitting as Vacation Judge, on the 19th inst., the plaintiffs and with your permission I will take an early opportunity
were manufacturers and importers of cigars known as “La of troubling you with some further remarks founded upon
Intimidad” cigarg. The defendant having sold cigars of & close observation of what took place at Brigbton, just
an inferior quality under the same name, an injunction was remarking, in conclusion, that I am sure those who were
granted, on the motion of the plaintiffs, restraining “the present will always cherish a most pleasing, agreeable, and
defeudant, his servants, workmen, agents, travellers, and reinstructive recollection of the society's eighth provincial
presentatives respectively, from selling, or causing or allowmeeting.
ing to be sold, and from in any manner representing, or causing or procuring to be represented, any cigars manufactored, sold, or dealt in by the defendant as · La Jotimidad" cigars, or as the cigars manufactured, imported, or sold by the plaintiffs, or either of them; and also from affixing, or procuring or causing or allowing to be fixed, to any boxes
of cigars manufactured or bought, or procured, or sold, or PRACTICE-INJUNCTION-EX PARTE MOTION BY DEFEND- attempted to be sold, by the defendant, or otherwise using or ANT-RULES OF COURT, 1875, ORD. 52, R. 4.-A point of employing, or permitting to be sold or employed, any labels, practice of some importance came before Cave, J., sitting in | wrappers, brands, or marks used by the plaintiffs or the Rolls Court as' Vacation Judce, on the 19th inst.. in a either of them, or so contrived or prepared as to represent or case of Ind v. Kayler, as to the right of a defendant to apply lead to the belief that the cigars manufactured or sold by the ex parte for an injunction against a plaintiff. The question | defendant were the cigars manufactured or sold by the arose upon a motion on behalf of the plaintiff in an action plaintiffs, or either of them, and from using the words. La in the Chancery Division, a young officer in the army, for Intimidad' on any cigars, or boxes or wrappers containing an injunction to restrain the defendant in the action, who cigars, so as to induce the belief that such cigars are was a money lender, from negotiating or otherwise dealing
manufactured or imported by the plaintiffs or either of with certain bills given by the plaintiff to the defendant for them, pending the trial of this action."-SOLICITORS, Lumley money lent. The plaintiff having made default in meeting of Lumley, the bills, which bad been renewed from time to time by the defendant on exorbitaut terms, the defendant brought an ac. LESSOR AND LESSBE-FORCIBLE ENTRY-ILLEGAL Pos tion in the Queen's Bench Division to recover upon them, SESSION-5 Ric. 2, c. 28.-In the case of Hodges v. Laing, the writ being specially indorsed under Rules of Court, 1875, before Cave, J., sitting in the Rolls Court as Vacation Judge ord. 3, r. 6. The defendant also took out an ordinary on the 14th inst., the plaintiff moved for an injunction to debtor's summons in the Court of Bankruptcy against the restrain the defendant from pulling down premises in the plaintiff. The plaintiff, Ind, thereupon instituted an action plaintiff's occupation. It appeared that the plaintiff had in the Chancery Division against the defendant, Kayler, been tenant of premises in King William-street, under a claiming a declaration that the bills should stand only for the lease granted by the Charing Cross Hospital, and wbich lease money aotually advanced, with interest at the rate of five per expired on the 29th September, last. The plaintiff had, cert. per annum, deducting the sums paid for renewal, in after the expiration of the lease, continued in possession, accordance with the decision in Nevill v. Snelling (L. R. 15 and, alleging that the hospital was under an agreement with Cb. D. 679), and then moved in that action for an injano bim to renew his lease, had commenced an action against tion as above mentioned. CAVE, J., at first thought it the hospital with respeot to the agreement in question. The was annecessary to have brought a separate action for the defendant in the present action was a builder, who, acting purpose in the Chancery Division, and that the plaintiff, under the instructions of a gentleman to wbom the hospital as defendant in the Queen's Bench action, might obtain had granted a lease of the premises in King William-street, the injunction in that action, and soggested that an ap- had forcibly entered those premises, and, against the plain. plication should be made for that porpose. Upon the tiff's will, pulled down portions, and proceeded to soake application then being made in that action, bis lordship certains alterations desired by the new lessee. Counsel on granted the jpjanotion till further order. Subsequently, bebalf of the plaiotiff contended that, be was entitled to an however, his attention having been called to the Roleg of injunction on the ground that, whether or not the possession Court, 1875, ord, 52, r. 4, which provides that a plaintiff of the plaintiff was legal, yet the forcible entry of the demay move for an injunction either ex parte or on notice, fendant was illegal, and against the statute 5 Ric. 2, c. 28, but that a defendant may move on notice only, his lordship which requires entry not to be made with a strong hand, but beld that he could not make the order ca parte in the legally. The decision of Fry, J., was cited in Beddall v. MaitQueen's Bench action, and therefore made it in the oban land (L. R. 17 Ch. D. 174), and the very recent decision of cery action.-SOLICITORS, Haynes & Clifton.
the same learned judge in Edwick v. Hawkes. CAVE, J., said in deciding the question before him he did not on the
one hand wish it to go forth that he was opholding a forcible COMPANY-Two WINDING-UP PETITIONS—CARRIAGE OF entry, but he did not on the other hand wish it to be thoughts ORDER.-In In re The Universities Co-operative Association that he was deciding that the plaintiff was legally in posses(Limited), also before Cave, J., sitting as Vacation Judge, sion. His lordship, under the circumstances, considered the two petitions had been presented for the winding up of the proper course would be to make no order, but the defendant company ; one by Rowden, a debentore holder and depositor,
wden, a debentore holder and depositor, | must give an undertaking not to commit a forcible entry. whose petition had been presented before, but served on the SOLICITORS, Rose Innes & Son; Dubois 4: Reid. company after, that presented by the other petitioners, Spottiswoode & Co., the printers and creditors of the company. Both petitioos had, bowever, been advertised in the
INJUNCTION-PRIVATE CORRESPONDENCE-LIBEL. In the London Gazette on the same day, Rowden's petition standing
case of Evans v. Digby, also before Cave, J., on the 14th first, but the latter petition had not been advertised in a
lipst., the plaintiff moved for an injapction to restrain the daily newspaper seven clear days before the heariog as defendant from publishing letters written by the plaintiff required by the roles under the Companies Act, 1862. The to the defendant. It appeared that the defendant had counsel for Spottiswoode's petition submitted that tbey were published a single letter written by the plaintiff to the entitled to an order on their petition ; or if an order were defondant. The letter this published was handed to made on both petitions, that they should have the carriage Cave, J., for perueal. CAVE, J., after perusing the of it. The counsel for Rowden's petition, on the other hand, letter, said it was an atrocious libel and that the writer. contended that an order sbould be made on both petitions, could not be granted the protection sought for. His lordand the carriage of it given to their client. Rowden's ship was not prepared to recognize any property in buob petition was supported by a large body of sbarebolders, a document, and the motion must be dismissed with coste. debenture holders, and depositors. CAVE., J., made the 1-SOLICITORS, Peacock & Goddard ; A. Jones,
ford & Monier-Williams), has been appointed a CommisLAW STUDENTS JOURNAL.
sioner for Oaths in the High Court of Madras, and to take Acknowledgments of Married Women in respect of Property
in Iudia. Mr. Monier-Williams is a son of Professor Monier BIRMINGHAM LAW STUDENTS' SOCIETY. Williams, O.I.E., the Boden Professor of Sanscrit in the The second meeting of the autumn session of this society University of Oxford. was held in the Law Library, Bennett's-hill, Birmingham, on Tuesday, the 27th ult. The chair was taken by Edwin Parry, Esq., registrar of the Birmingham County
DISSOLUTION OF PARTNERSHIP. Court. The minutes of tbe previous meeting baving
THOMAS ETHERIDGE HARPER, ERNEST BROAD, and John been read and confirmed, a debate took place on moot point BATTCOCK, solicitors, 23, Rood-lane, London, October 12. No. 652: “ A. dies leaying a legacy to B. of £2,000 cbarged so far as regards the said Ernest Broad. The business on his (A.'s) real and personal property payable on the death will in future be carried on by the said Tbomas Etheridge of bis widow C. The property, consisting of realty to the Harper and John Battoock, at the above address. value of £1,000 and personalty to the value of £9,000, is not
[Gazette, Oct. 14, 1881.] to be sold under the terms of A.'s will until C.'s death, B. dies before C., baving bequeathed his legacy to a charity. Would the charity derive any benefit under B.'s will ?" Mr. Barrows opened the discussion on the affirmative side, and was supported by Messrs. T. C. J. Brown, E. C. Rogers, and
COMPANIES. W. S. Rogers. Mr. Ludlow led on the negative side, and was sopported by Messrs. Robinson, Whitehouse, and G. Huggins.
WINDING-UP NOTICES. After the opening speakers on eitber side had replied, the chairman summed up, and on the question being put to the
JOINT STOCK COMPANIES. meeting, it was decided in the negative by a majority of one.
LIMITED IN CHIANCERY, A vote of thanks to the chairman concluded the meeting.
ALFRETON AERATED WATER COMPANY, LIMITED.-Kay, J, bas, by The 693rd ordinary meeting of the Birmingham Law
an order dated Aug 23, appointed William Watson, Alfreton, to Students' Society was held in the Law Library, Bennett's be official liquidator hill, Birmingham, on Tuesday, the 11th inst., A. J.
BOROUGH LOAN AND DISCOUNT COMPANY. LIMITED.-Petition fa
winding up, presented Oct 14, directed to be heard before Cave, J O'Connor, Esq., in the chair. There was a good attend.
on Oct 26. * Pitman and Son, Queen Victoria st, agents for Ash ance, twenty-nine members of the society being present. mall, Hanley, solicitor for the petitioners The moot point for discussion was as follows :-HA, is a LIBERIA COFFEE COMPANY, LIMITED.-Cave, J, has, by an order
dated Aug 21, appointed William Lewis Clifton Browne, Queen st, passenger in a coach; the coach is run into and overturned
to be official liquidator by another vehicle, and A. sustains injury. Can A.
NORTHERN COUNTIES Bank, LIMITED.-By an order made by Cave recover damages for his injury from the owners of the J, dated Sept 28, it was ordered that the voluntary winding up of other vehicle, notwithstanding that there was contributory
the above bank be continued. Nash and Field, Queen st, agents
for Pybus, Newcastle-upon Tyne, solicitor for the petitioner negligence on the part of the driver of the coach in which
SOUTHEND MARINE PALACE COMPANY. LIMITED.-Petition for wind. A. was ?" The speakers on the affirmative side were ing up, presented Oct 5, directed to be heard before Frv. J. 032 Messrs. Smith, Lawden, Ryland, Stevens, Barrows, Nov 4. Hollingsworth and Co, East India avenue, solicitors for
the petitioners Restall, and Cochrane; and on the negative side Messrs.
| Sr. Joux'S-STREET (BRADFORD) THEATRE AND CONCERT HALL · Corbett, G. Huggins, Coley, Clark, and E. C. Rogers.
COMPANY, LIMITED.-Kay, J, has, by an order dated Oct 6, apThe discussion was sustained with spirit, and the opening pointed William Martello Gray, Kirkgate, Bradford, to be oticia!
liquidator speakers on either side having replied, the chairman
ST. VINCENT's Rocks HOTEL COMPANY, LIMITED. ---Petition for summed up and put the question to the meeting. The
winding up, presented Oct 10, directed to be heard before Fry, d, votes were equal, upon which the chairman gave his on Nov 4. Clarke and Co, Lincoln's inn fields, solicitors for the casting vote in favour of the negative. A vote of thanks petitioner to the chairman concluded the meeting.
[Gazette, Oct. 14.] GRAND DUCHESS SILVER LEAD AND BARYTES MIXING COMPANY,
LIMITED.-Petition for winding up, presented July 29. directed to be heard before Hall, V O, on Nov 4. Jones and Co, Lincoln's inn fields, agents for Hughes and Son, Aberystwith, solicitors for
the petitioner LEGAL APPOINTMENTS.
SUTTON PARK CRYSTAL PALACE COMPANY, LIMITED.--Kar, J, has,
by an order dated Sept 27, appointed Edward Harold Carter,
Waterloo st, Birmingham, to be official liquidator Mr. Joseph BRADBURY, solicitor, of Oldham, Saddle WETLEY BRICK AND POTTERY COXPAXY, LIMITED.-Petition for worth, and Ashton-under-Lyne, has been appointed Clerk
winding up, presented Oct 12, directed to be heard before Hall,
V C, on Nov 4. Russol, Coleman st, solicitor for the petitioners to the Saddleworth Board of Guardians, Assessment
[Gazette, Oct. 18.] Committee, Rural Sanitary Authority, and School Attendance Committee. Mr. Bradbury was admitted a solicitor in
FRIENDLY SOCIETIES DISSOLVED. 1877.
IRON DRESSERS' UNITED SICK AND BURIAL SOCIETY, Star Hotel, Mr. CHARLES MAKINSON, solicitor (of the firm of Makin
Gt Ancoates st, Manchester. Oct 11
UNION LIBERAL SOCIETY, Providence Schoolroom, Brierteld, son & Fuller), of Manchester, has been elected an Alderman Burnley, Lancaster. Oct 10 for the Borough of Salford. Mr. Makinson was admitted Wootton Britons' FRIENDLY SOCIETY, Red Lion Inn, Wootton, solicitor in 1857.
Northampton. Oct 12
[Gazette, Oct. 14.] Mr. John HARRIS SQUARE, solicitor, of Kingsbridge, bas been appointed Clerk to the Kingsbridge Board of OLD MEADOWS COLLIERT ACCIDENT AND BURIAL
Inn, Bacup. Oct 13 Guardians, Assessment Committee, and Rural Sanitary
SOUTHERN STAR Uxrox DAUGHTERS OF TEMPERANCE SOCIETY, Authority. Mr. Square is the son of Mr. John Henry
Brougham rd, Southsea, Hants. Oct 15 Square, registrar of the Kingsbridge County Court. He was Unox BBOTIERS SOCIETY, Lion Inn, Lamarsh, Essex. Oct 14 admitted a solicitor in 1874, and is in partaership with his
(Gasette, Oct 18.] fatber.
SUSPENDED FOR THRIE MONTAS TEOX Oct. 11. Mr. Richard PENDER TYACKE, solicitor, of St. Ives and Court PARADISE REGAINED, 176, A.O.F. SOCIETY, Odd Fellows' Hayle, has been elected Town Clerk of the Borough of St.
Hall, Upper Green, Keighley, York Ives, ia succession to Mr. Thomas Brooking Williams,
GLANMOR FRIENDLY SOCIETY, Royal Exchange Inn, Llanelly Fists,
Carmarthen resigned. Mr. Tyacke was admitted a solicitor in 1873. GOYER LODGE OF TRUE IVORITES FRIENDLY SOCIETY, Swan Inn, Mr. Porter Wilson, solicitor, of Louth and Alford, has
Beaufort Ironworks, Llangattock, Brecknock
PRINCE OF WALES BENEFIT SOCIETY, Red Lion Inn, Aberaron, been appointed Registrar of the Louth County Court Glamorgan (Circuit No. 17), in succession to Mr. Charles Michael
TALIESIX-AB-JOLO LODGK OF TRUE IVORITES FRIENDLY Socrti, Waite, resigned. Mr. Wilson was admitted a solicitor in
Swan Inn, Beaufort Ironworks, Llangattock, Brecknock 1864. He is in partnership with his father, Mr. James
TGazette, Oct. 18.) Willian Wilson, who is clerk to the county magistrates at Louth.
Mr. MONIER F. MONIER-WILLIAMS (of the firm of Bed