to the "lower branch," but I leave it to the common sense of every one whether the change would not be by a very great degree in favour of the members of the Bar, to the great majority of whom far greater inducements present themselves to join the ranks of the attorneys and solicitors than for the latter to aspire to the wig and gown. Speaking as an attorney, I do not fear any examination which may be insisted upon as the condition precedent. Let the Benchers make it as difficult as they please, only be it understood that it shall be solely and wholly directed to English law as administered at the present day; and I know that in this I only utter the sentiments of hundreds of able and educated men in that branch of the Profession to which I have the honour to belong. That the obstacles are appa rently great, and the way difficult, to the attainment of the object in view. I admit; but Acts of Parliament have dealt with greater and more serious matter than the power at present wielded by the Benchers, self-governed and irresponsible, and almost as a consequence, to a great extent ineffective. It is too much to hope that the attorneys and solicitors of England may take up the question with the earnestness and gravity it merits? If they will do this, they may be assured the remedy is swift and sure, and that the crying injustice of the three years' probation before they can be called to the Bar will be speedily and for ever abolished. AN ATTORNEY ADVOCATE.

SOLICITORS IN INDIA AND CHINA, &C.-About six weeks ago a correspondent asked for information respecting a solicitor's chances in India and the colonies, but I have not seen any reply. It is now very common to see in journals devoted to the interests of a particular business what is the supply of and demand for capital and labour in various places abroad, and I should like to see in the LAW TIMES the fullest information obtainable as to what is requisite in and what are the prospects of lawyers in those parts of the world named by your correspondent. I should hope that no fancied trade-like appearance in such information would be considered by anyone a bar to its insertion. I believe there are scores of us young lawyers who cannot make a living here; and anyone who directed us to livelihood abroad would do us inestimable good. Who will undertake to do this? C.

STATUTORY DECLARATIONS AND AFFIDAVITS. the Act 5 & 6 Will. 4, c. 62. Notwithstanding clause 13 of that Act, it is still usual to verify by affidavit such matters as notices of dissolution of partnership for insertion in the London Gazette. I would ask the opinion of some of your correspondents-First, could perjury be assigned on such an affidavit? Secondly, having regard to the clause above referred to, is it not unlawful and a misdemeanour in a justice or commissioner to

-A recent case has attracted much attention to

take such an affidavit?

R. H. S.

NOTES AND QUERIES ON POINTS OF PRACTICE.

OTICE. We must remind our correspondents that this column is not open to questions involving points of law such as a solicitor should be consulted upon. Queries will be excluded which go beyond our limits.

N.B.-None are inserted unless the name and address of the

writers are sent, not necessarily for publication, but as a guarantee for bona fides.

Queries.

140. RECEIVING STOLEN GOODS.-A., aged six years, took goods from the shop of B., and carried them home to her mother, C., who concealed and kept them. The taking would have been simple larceny by A. if she had been doli capax. C. knew the nature of the taking. Is C. guilty of any and what offence ? W. S.

141. ARTICLES.-Can a man who has been a student at the Edinburgh University two years be admitted an attorney after three years under articles? W. S. C.

142. COMPANY-GUARANTEE FOR ADVANCES.-One of the directors of a non-trading company expended a sum of money in improving premises occupied by the com. pany, to make them more suitable for the purposes of the company. The other directors are desirous of giving their co-director a personal guarantee to secure the money so expended by him, but he is, in the event of loss, to contribute an equal share with the others. How is the guarantee to be framed so as to give the director advancing the money a right of action at law against the guarantors in case of law?

R.

"If you like to give me £250 cash, and draw up a conveyance from me to you, so that I have no expense, I will accept the same.' "Vendor" contends that this throws on the purchaser the cost of his ("Vendor's ") solicitor for perusing draft, conveyance, and settling the purchase, but "Purchaser" objects to pay. Which is right? Q.

145. APPRENTICESHIP INDENTURE.-Can an apprentice be legally bound by indenture to serve two masters cite authorities. A SUBSCRIBER.

carrying on business as woollen manufacturers? Please

Answers.

(Q. 132.) RENEWING CERTIFICATE.-A solicitor who discontinued his certificate last Christmas can renew it for the current year by proceeding in conformity with the statute 23 & 24 Vict. c. 127, s. 20. The question of his intention to enter a commercial undertaking, or of his having done so, will not arise; but doubtless the Council of the Law Institution would take steps to prevent a renewal should the undertaking have been attorney. A re-examination will not be required. The of such a character as to compromise the status of an certificate for the current year must be obtained, stamped, and registered by or before the 14th Nov. next, or a judge's order, authorising the registrar to H. L. issue a certificate, will be necessary.

taken up the interests of the society, and especially to those gentlemen who have so kindly presided at the meetings for debate, and also to the Bristol Incorporated Law Society, for the use of the library.

"Since the beginning of the session four new members have been elected; and in conclusion, the committee would earnestly request members to induce those articled clerks who are not already members of the society to send in their names to the secretary, for election at the ensuing session."

LEGAL DISCUSSION SOCIETY. THIS Society met on Wednesday last, at the Law Institution, the president, Mr. W. E. Jones, in the chair. The question was, Whether an execution creditor would be allowed the right of retainer against creditors of an equal class ?" opened by Mr. Thatcher in the negative, who cited several cases showing great injustice accruing to creditors by reason of executors being allowed by law to exercise their right of retainer upon legal assets, which he urged was founded upon an ancient fiction now not to be supported by moral principle, and opposed to recent legislation, which had for its object not only the abolishing the distinction existing between simple contract and specialty debts, but also tended to equality in all respects

between all the creditors of an estate of a deceased person, whether testate or intestate. The question was spoken to in the affirmative by Mr. Eley and others, but the majority of the members, including the president, supported the opener's view. Upon its being put to the vote the negative was carried by a very large majority.

LEGAL OBITUARY.

W. H. SMALLPEICE, ESQ. THE late William Haydon Small peice, Esq., solicitor, of Guildford, Surrey, who died at Brighton on the 6th inst., in the fifty-ninth year of his age, was the eldest son of the late John Smallpeice, Esq., of Guildford, by Mary, daughter of William Haydon, Esq., and was born at Guildford in the year 1813. He was admitted a solicitor in Hilary Term, 1835, and for several years he acted as deputy clerk of the peace for the county of Surrey. He was also clerk to the borough and county magistrates, and a perpetual commissioner for administering oaths; and his counsel and advice was largely consulted by the leading families of the neighbourhood of Guildford, who were among his clients, and by whom he was held in high respect. The remains of the deceased gentleman were interred at Stoke-next-Guildford.

A. D. DE BERDT HOVELL, ESQ.

SOLICITORS' BENEVOLENT SOCIETY. THE usual monthly meeting of the board of direc- THE late Arthur Dennis De Berdt Hovell, Esq., tion, Chancery-lane, London, on Wednesday last, tors of this association was held at the Law Institu- of Lincoln's-inn, who died at Clapton, Middlesex, on the 9th inst., in the twenty-second year of his the 1st of May. Mr. John Smale Torr in the chair; age, was the eldest son of Dennis De Berdt the other directors present were, Messrs. Brook, Hovell, Esq., of Five Houses, Clapton, by Mary, Burton, Monckton, Payne (of Liverpool), Rick daughter of Abraham De Horne, Esq. He was man, Smith, Young, and Mr. Eiffe, secretary. A born at Clapton in the year 1851, and was edu sum of £160 was distributed in grants of accept-cated at the Royal Grammar School, Guildford, ance to three families of deceased members of the association, four new members were admitted, and other general business transacted.

After the debate the annual meeting was held, when the following report was unanimously adopted :

"Pursuant to the rules of this society, the time has arrived when it is the duty of the committee to present a report of the proceedings of the past session, which report they trust may be deemed satisfactory to the members generally.

"The session just ended dated from 1st Jan. 1872, the first meeting for the purpose of discussion being held on 16th Jan., since which date meetings have been held fortnightly, the total number of meetings held being eight. The average attendance at these meetings was twelve, the greatest number at any one meeting being eighteen, the smallest number being present at the last two meetings, the number then only being nine.

"The committee feel assured that the treasurer's report will meet with the approval of the society, showing as it does a good balance in hand.

"The committee cannot help expressing their sincere thanks to the Profession generally in Bristol for the hearty manner in which they have

and subsequently at Marlborough College, where he gained the high opinion of the late head master, the Rev. G. Bradley. On leaving Marlborough, he entered at New College, Oxford, in 1870, and in January last he became a member of Lincoln'sinn. The remains of the deceased were interred at Hackney.

G. ANNESLEY, ESQ. THE late George Annesley, Esq., solicitor, of 64, Lincoln's Inn-fields, who died at his residence in Queen's-gardens, Hyde-park, on the 8th inst., in the 65th year of his age, was the son of the late Rev. Arthur Annesley, rector of CliffordChambers, in the county of Gloucester, by Eliza beth Vere, daughter of George Booth Tyndale, Esq., of Reading, Berkshire. He was born at Clifford Chambers in the year 1807, and was educated at Rugby School, under the Rev. Dr. Wooll. Admitted a solicitor in Easter Term 1831, he settled in Lincoln's Inn-fields, where he prac tised down to the time of his decease. Mr. Annesley was for some time steward to the estates of Earl Poulett's family, and also for many years acted as director of the English and Scottish Life Assurance Company. In 1855 he was appointed a trustee of the British Museum. He married, in 1833, Emily, second daughter of Albert Forster, Esq., by whom he has left four children, two sons and two daughters. His eldest son is the Rev. Francis Hanbury Annesley, rector of Tatsfield, Surrey; his second son is Mr. Reginald Carey Annesley, lieutenant in the 79th Highlanders; of his daughters the eldest, Emily Vere, is un married; and the younger, Georgiana Cecilia, is the wife of Major Charles Acton of the 51st Foot. The remains of the deceased gentleman were interred in Kensal-green Cemetery.

COURT OF BANKRUPTCY. Tuesday, April 30.

RETURN OF DEPOSITS.

THE Lord Chancellor and the Chief Judge have signed an order that the rule recently issued in

at three, at office of Burdekin, Smith, and Pye-Smith, Sheffield. Sols., Hodding and Beevor, Worksop

HAMPSON, PETER, chemist, Bolton; May 10, at three, at the
Manchester Arms, Manchester. Sol., Dawson, Bolton
HAWKINS, ALEXANDER, farmer, Bushey; May 6, at one, at cffice
of Sol., Warrand, Newgate st

HISCOX, SAMUEL LONG, no occupation, Reading; May 13, at twelve, at office of Sol., Sturt, Ironmonger-la

JERVIS, JARVIS, carpenter, Chalfont-rd, Holloway: May 6, at three, at office of Sols., Barton and Drew, Fore-st, Finsbury

Sol., Howell. Llanelly

JONES, JOHN BAUCHER, cheesemonger, Vine-pl, Tabernacle.sq, Hoxton; May 13, at three, at office of Sol., Mote, Finsbury circus

Bankrupts. Gazette, April 26.

To surrender at the Bankrupts' Court, Basinghall-street.
CORNE, JOSEPH, coal merchant, Blackfriars-rd. Pet, April 23.
Reg. Hazlitt. Sol. Sclomon, Finsbury-pl. Sur, May 22
ISAACS, ALFRED, wholesale jeweller, Bevis Marks, St. Mary Axe.
Pet. April 23. Reg. Hazlitt. Sols. Lewis, Munns and Co., Old
Jewry. Sur., May 22

JOHNSON, WILLIAM, innkeeper, Bermondsey. Pet. April 23. Reg.
Hazlitt. Sol. Marsden, jun., Gresham-bldgs. Sur. May 22
SWAN, EDWIN MORRIS, prisoner, Warwick County Gaol.
April 20. Reg. Kirby. Sur. May 8

To surrender in the Country.

DAVIES, WILLIAM EDWARD, auctioneer, Birmingham. April 20. Reg. Chauntler. Sur. May 6.

Pet.

Pet.

ETHERINGTON, WILLIAM, hairdresser, George-st, Richmond. Pet. April 23. Reg. Willoughby, Sur. May 10

GALE, CHRISTOPHER, joiner, Leeds. Pet. April 20. Reg. Marshall. Sur. May 15

GARNETT, THOMAS, grocer, Habergham Eaves, near Burnley. Pet. April 22. Reg. Hartley. Sur. May 13

ISTANCE, RICHARD, and ISTANCE, WILLIAM, cabinet makers, Carmarthen. Pet. April 19. Reg. Lloyd. Sur. May 11

MITCHELL, WILLIAM C., esq., Manchester. Pet. April 24. Reg. Hulton. Sur. May 8.

PROSSER, FREDERICK, builder, Canton, near Cardiff. Pet. April 24. Dep. Reg. Morgan. Sur. May 7

SLEE, EDWIN, wool broker, Liverpool. Pet. April 23. Reg. Watson. Sur. May 7

Gazette, April 30.

To surrender at the Bankrupts' Court, Basinghall-street. BROWN, JOHN READ, major-general in her Majesty's Indian army, Abbey.gdns, St. John's Wood. Pet. April 27. Reg. Roche. Sur. May 23

GUMPRECHT, GUSTAVE, merchant, Wood-st. Pet. April 26. Reg.
Brougham. Sur. May 24

MICKELTHWATE, ARTHUR, crinoline steel manufacturer, Upper
Baker-st. Pet. April 25. Reg. Pepys. Sur. May 21
VYSE, FRANCIS HOWARD, no occupation, Paris. Pet. April 27.
Reg. Roche. Sur. May 30

To surrender in the Country.

BEAL, DAVID. shopkeeper, Pocklington. Pet. April 27. Reg. Perkins. Sur. May 15

GOULD, RICHARD, block maker, Newport. Pet. April 22. Reg. Roberts. Sur. May 10

RICHARDSON, ROBERT, cloth merchant, Leeds. Pet. April 26. Reg. Marshall. Sur. May 22

MARKS, MORRIS, clothier, Birmingham. Pet. April 23. Reg. Chauntler. Sur. May 15

ROSE, JOHN ROBERT, wholesale draper, Halifax. Pet. April 25. Reg. Rankin. Sur. May 10.

AYREY, JOHN, builder, Blackley; May 9, at three, at office of Sols., Marriott and Woodall, Manchester

BANKS, ABRAHAM, out of business, Ravensthorpe, near Dewsbury: May 10, at eleven, at office of Sol., Pullan Leeds BARNES, CHRISTOPHER HEWETSON, doctor of medicine, Cathcart-rd, West Brompton; May 15, at one, at office of Sol., Bennett, Furnival's inn, Holborn

BETTS, JAMES, victualler, Wolverhampham; May 7, at three, at office of Sol, Stratton, Wolverhampton

BOOTH, WILLIAM ENOCH, auctioneer, Southport; May 10, at two, at office of Mr. Mingaud, accountant, Liverpool BRAE, ROBERT JOHN, insurance broker, Crosby-hall-chmbs, and Lloyd's Royal Exchange, May 17, at three, at the London tavern, Bishopsgate-st Within. Sol., Moon, Lincoln's-inn-fields BROWN, DAVID, manager of iron works, Smethwick; May 7, at twelve, at office of Sol., Morgan, Birmingham BURN, HENRY DAVID, merchant, Mincing-la; May 15, at two, at office of Sols., Lewis and Lewis, Ely-pl, Holborn BURNETT, JOHN, grocer, Monkwearmouth Shore; May 7, at twelve, at office of Sol., Bowey, Sunderland CARLING, JOSHUA, wine me chant, Birmingham, Leamington, and Coventry, under firm of F. Burdett and Co.; May 10, at twelve, at office of Sols., Lawrance, Plews, and Co., Old Jewrychmbs

CARTER. JOSEPH, and GROSVENOR, FRANCIS, wire gauze manu facturers, Birmingham; May 8, at three, atoffice of Sol., Walter, Birmingham

CHAMBERLAIN, GEORGE BENEDICT, music seller, Wigan; May 14, at eleven, at office of Sol., Heald, Wigan

CHAPMAN, ROBERT CHARLES, irmingham; May 8, at ten, at office of Sol., Barrow, Wolverhampton

CHASE, ALBERT JOSEPH, builder, Cosham, in Widley; May 20, at one, at office of Edinonds, Davis, and Co., accountants, Portsea. Sol., Vosper, Havant

CHATER, WILLIAM, bottle beer merchant, Weymouth; May 11, a half-past two, at the White Hart hotel, Salisbury CHEEPER, ANTHONY JACQUES, commercial traveller, York; May 11, at eleven, at office of Brearey, York. Sol., Watson, York DE VRIES, PETER KLAGES, provision merchant, Surbiton; May 13, at twelve, at office of the London Warehousemen's Association, Gutter-la

DEWDNEY, ROBERT, victualler, Plympton St. Mary; May 16, at three, at office of Sol.. Vaughan, Devonport

EVANS, WILLIAM HENRY, oil dealer. Manchester: May 13, at three, at office of Sols., Gardner, Horner, and Brandwood, Manchester

FAIRCLOUGH, WILLIAM MICHAEL, baker, Liverpool; May 15, at three, at office of Sol., Nordon, Liverpool FISHER, HENRY, innkeeper, Abersychan; May 15, at twelve, at office of Sol., Cathcart, Newport

GALBRAITH, GEORGE LYLE, and BRAE, ROBERT JOHN, insurance brokers, Crosby-hall-chinbs, and Lloyd's Royal Exchange; May 17, at twelve, at the London tavern, Bishopsgate-st, Within. Sol., Moon Lincolns-inn-fields

GALE, JOHN, out of business, Bridgwater; May 6, at twelve, at the Bristol Arms hotel, Bridgwater. Sol., Bruce, Bridgwater

KENWARD, ROBERT, marble chimney piece merchant, Euston-rd
May 3, at two, at office of Sol., Maniere, Grays-inn-sq
LACK, ROBERT WEST, grocer, Hull; May 9, at three, at the George
hotel, Hull. Sol., Laverack, Hull

LISTER, NED, glass bottle manufacturer, Wombwell; May 9, at one, at the Royal hotel, Barn-ley. Sol.. Fryer, Dewsbury MAMMATT. WILLIAM, manufacturer of silver and electro-plated goods, Sheffield; May 9, at two, at office of Sol., Simpson, Sheffield

MAXWELL, JOHN, and COOPER, HENRY MARLOW, waste manu. facturers, Bury; May 8, at three, at office of Sols., Hall and Rutter, Bolton

MCDONALD, HENRY, innkeeper, Whitehaven: May 10, at eleven, at 13, Sandhills-lane, Whitehaven. Sol., McKelvie, Whitehaven MCQUAED, SOMERSET, victualler, Lyndon, in West Bromwich; May 10, at eleven, at office of Sol., Shakespeare, Oldbury MEAD, WILLIAM, clothier, Daventry and Blackmore; May 9, at two, at office of W. Pope, Poultry. Sol., Jeffery, Newland MEADOWS, THOMAS, carpenter, Bourton on-the-Water; May 6, at four, at the Wellington inn, Bourton-on-the-Water. Sol., Brookes

MILLO, FREDERICK (and not Mills, as printed in Gazette of April
191, and LEIDHOLD, JULIUS, oil manufacturers, Manchester;
May 6, at three, at the Clarence hotel, Manchester. Sol., Burton,
Manchester

MOORE, WILLIAM GEORGE, printer, Birmingham: May 10, at
twelve, at office of Sols., Messrs. Hodgson, Birmingham
NOBLE, JONAS, coal dealer, Rochdale; May 8, at three, at office of
Sol., Holland Rochdale

O'CONNOR. EDMOND, coal merchant. Thetford; May 9, at one, at
office of Sols., J. and J. and O. F. Read, Thetford
OWEN, JOSEPH, hotel keeper, Holyhead; May 10, at two, at the
British hotel, Bangor. Sol., Jones, Menai-bridge
PARKINSON, JAMES, millwright, Olney; May 8, at three, at the
Swan hotel, Newport Pagnell. Sol., Bull, Newport Pagnall
PARTT, ALBERT, carrier, Bristol; May 4, at eleven, at office of
Sol., Ayre, Bristol

PITMAN, GEORGE, builder, Milborne Port; May 9, at three, at office of Sol., Davies, Sherborne

RAILTON, LANCELOT, schoolmaster, Welshpool; May 16, at twelve at the Pheasant inn, Welshpool

RATLIFF, JOHN CLEOPHAS, wine merchant, Birmingham, Leamington, and Coventry: May 10, at eleven, at office of Sols, Lawrance, Plews, and Co., Old Jewry-chmbs

REES, ROWLAND, grocer, Merthyr Tydfit; May G, at one, at office of Sols., Simons and Plews, Merthyr Tydfil

ROCKETT, HERBERT, baker, Devonport; May 9, at twelve, at office of Edmonds and Son, Plymouth

ROPER, HENRY DURDEN, builder, Upway; May 9, at eleven, at the Antelope hotel, Dorchester. Sols., Andrews, and Pope, Dorchester

SANDERS, JOSEPH, farmer, Farringdon; May 8, at the Castle hotel, Exeter. Sol., Floud, Exeter

SARL, ABRAHAM, silversmith, Cornhill: May 17, at two, at office of Sols, Abrahams and Roffey, Old Jewry

SCATCHERD, SAMUEL, saddler, Blyth; May 10, at two, at office of W. H. Palmer, solicitor, St. Sepulchre-gate, Doncaster. Sols., Burdekin, Smith, and Pye-Smith

SCOTT, RICHARD, butcher, Skeldergate; May 7, at eleven, at office of Sel., McLaren, York

SEWARD, MAYDWELL OWSLEY, fruit salesman, Langford and Borough Market, Southwark; May 9, at twelve, at office of Sol. Sykes, St. Swithin's-la

SMITH, JOHN, ironmonger, Gateshead; May 6, at twelve, at office of Sewell, Newcastle

STANDRING, ALEXANDER PETRIE, foreman to an ironfounder, Suffolk-st, Islington: May 14, at two, at cffice of Sols., Lewis and Lewis, Ely-pl, Holborn

STANLEY, HENRY, florist, Liverpool; May 13, at two, at office of
Mr. Mingaud, accountant, Lime-st, Liverpool
THOMPSON, JOSEPH, clerk to a lead merchant, Lausanne-rd,
Peckham; May 15, at one, at office of Sol., Moss, Gracechurch-st
TOWNSEND, JONADAB, fruiterer, West Bromwich; May 10, at
three, at office of Sol.. Ansell, Birmingham

WARNER, HENRY, fruit salesman, Borough-market and Park-st,
Southwark; May 10, at twelve, at office of Sc., Mason,
Gresham-st

WESTON, HENRY THOMAS, woollen warehouseman, Aldermanbury; May 11, at one, at office of Sol., Harling, Coleman-st WESTON, WILLIAM, glass dealer, Moat-st, Battersea; May 8, at twelve, at office of Sols., Burt, Stevens, and Cave, Gray's-innchmbs, High Holborn

WILLIAMSON, JOHN, stone mason, Blackpool; May 10, at half-past eleven, at office of Charnley, Son, and Finch, Blackpool. Sol., Charnley, Preston

WINGFIELD, GEORGE, milliner, Walworth-rd; May 3, at twelve, at office of Sols., Keene and Marsland, Lower Thames st WORSLEY, WILLIAM, jun., shoemaker, Salehurst; May 22, at eleven, at office of Sol., Bennett, Ticehurst

Gazette, 4pril 30.

BAIN, LEVETT, no occupation. Arnold-ter, Bow-rd: May 7, at four, at 3, Arnold-ter, Bow-rd. Sol., Turner, Copthall-bldgs, Throgmorton-st

BELCHER, THOMAS, boot dealer, Goswell-rd, Clerkenwell; May 20, at eleven, at office of Sol., Popham, Vincent-ter. Islington BLACKBURN, ELIJAH, boot dealer, Birmingham; May 10, at three, at office of Sol., Kennedy, Birmingham

BOWLES, JOHN MARSHALL, draper, Bradford; May 8, at four, at office of Sol., Berry, Bradford

BROE, JOHN, bootmaker, Great Portland-st; May 18, at two, at office of Sol., Maniere, Gray's-inn-sq

BROWN, GEORGE, innkeeper, Goole; May 8, at one, at the Downe Arms, Snaith

BYRNE, DANIEL, butcher, Sheffield; May 14, at four, at office of Sol., Clegg, Sheffield

CASELEY, FREDERICK, tailor, Landport, par. Portsea; May 9, at eleven, at office of Sol., Feltham, Portsea

COLE, FRANCIS PHIPPEN, printer, Bideford; May 11, at two, at office of Sol, Thorne, Barnstaple

COTT, WILLIAM HENRY, boot maker, Derby: May 14, at twelve, at office of Harrison and Co., accountants, Derby. Sol, Harvey, Leicester

COX, ARTHUR HENRY, wine merchant, Fairfax-rd. Finchley-rd;
May 14, at two, at office of Sol., Fisher, Mitre-ct, Temple
CUSS, NEVIL JOHN, machinist, May 9, at twelve, at office of Messrs
Kinneir and Tombs, solicitors, Swindon
DEWDNEY, ELLEN, hair jeweller, Fenchurch-st; May 15, at three.
at office of Sols., Messrs. Moss, Gracechurch-st
DICKINSON, ROBERT, out of business, King's-heath; May 10, at
twelve, at office of Sol., Cheston, Birmingham
DIGGORY, THOMAS RICHARD, out of business, Cobridge; May 10,
at three, at office of Sol., Tennant, Hanley
DOUGLAS, JOHN, and DOUGLAS, WILLIAM BROWN, grocers,
Chatton; May 16, at two, at the Star hotel, Alnwick. Sol.,
Douglas, Berwick-on-Tweed

DOWLING, HENRY, painter, Gosport; May 10, at three, at the
Chamber of Commerce, Cheapside. Sol., Walker, Portsca
EMERY, JOHN. builder, Stafford; May 7, at eleven, at office of Sol.,
Brough, Stafford

FERNSIDES, WILLIAM rag dealer, Batley; May 10, at half-past three, at office of Sol, Scholefleld, Batley

FISHER, THOMAS, auctioneer, Upton-cross, near Stratford; May 7, at two, at office of Sol., Layton, Gresham-st FLORY, WILLIAM, cab proprietor, Ipswich; May 15, at eleven, at the Great White Horse hotel, Ipswich. Sol., Yarington FRENCH, THOMAS, builder, Laurel Villa, Lewisham; May 14, at two, at office of Sols., Matthews and Co., Bucklersbury GEORGE, HENRY GROVER, manufacturer, Flamstead; May 8, at three, at offices of Mr. Jolly, accountant, Luton GLOCKLING, WILLIAM, carver, Union-st, Hoxton; May 9, at three, at the Round Table hotel, St. Martin's-ct, Leicester-sq. Sol., Willis, St. Martin's-ct, Leicester sq GOULD, RICHARD, block maker, Newport; May 10, at eleven, at office of Sol., Dixon, Newport

GREENWOOD, JOHN, saddler, Horncastle: May 16, at two, at the Court-house, Horncastle, Sol., Clitherow, Horncastle

HAMBLEN, CHARLES, colourman, Sheringham-ter, Barnsbury: May 13, at twelve, at office of Sols., Eldred and Andrew, Great James-st, Bedford-row

HILL, GEORGE, fruiterer, King's Lynn; May 10, at twelve, at office of Sols., Messrs. Nurse, King's Lynn

HUGHES, WILLIAM, provision dealer, Hulme; May 13, at three, at office of Sampson, Manchester

IVEY, JOHN HAYMAN, stone merchant, Stroud: May 17, at two, at the Cathedral hotel, St. Paul's Churchyard. Sol., Stephenson, Chatham

JACKSON, DAVISON, draper, Darlington; May 15, at two, at the
Borough hotel, Darlington. Sol., Marshall, Durham
JOHNSON, THOMAS, grocer, Lincoln; May 20, at two, at the Masons'
Hall tavern, Masons'-avenue, Basinghall- st. Sol., Spiller,
South-pl, Finsbury

JONES, JOHN, out of employment, Ruthin; May 16, at one, at
the Wynnstay Arms hotel, Ruthin. Sol., Lloyd, Ruthin
JONES, WILLIAM DAVID, linen draper, Aberavon; May 14, at
eleven, at office of Crowther and Co., accountants, Manchester.
Sol, Tennant, Aberavon

KINGS, CHARLES, eating house keeper, Worcester; May 10, at eleven, at office of Sol., Corbett, Worcester

LEVY, BERNED, licensed hawker of jewellery, Newcastle-uponTyne; May 17, at two, at office of Sols., Messrs. Joel, Newcastleupon-Tyne

LLOYD, WILLIAM. tailor, Langharne: May 14, at forty minutes
past twelve, at office of Sol., Griffiths, Carmarthen
LOCKE, EDWARD, bootmaker, Bury St. Edmunds; May 17, at
twelve, at the Council Chamber, Bury St. Edmunds. Sols.,
Messrs. Salmon

LONGSON, JOHN, and LONGSON, ABRAHAM, timber merchants,
Heaton Norris, and Stockport; May 17, at three, at the Clarence
hotel, Manchester. Sols., Messrs. Chew, Manchester
MASON, GEORGE, trading as the Fullers Earth and Old Windmill
Cement Co., Wolverhampton; May 13, at three, at office of Sol.,
Stratton, Wolverhampton

MAUDE, JOHN WILLIAM LAWES, law stationer, Quality-ct. Chancery la; May 7, at twelve, at office of Sol., Marsden, Fridayst, Cheapside

MCLEAVY, HUGH, rag merchant, Liverpool; May 10, at two, at office of Sels., Thornley and Heston, Liverpool

MEDD, WILLIAM, innkeeper. Bilsdale Mideable; May 18, at eleven, at the Golden Lion hotel, Northallerton. Sol., Bel, West Hartlepool

MILNER, HENRY, bookseller, Barnsley; May 10, at three, at office of Messrs. Newman, Barnsley

MONE, JOHN, railway ticket collector, Dunmore-pl, Stratford;
May 13, at eleven, at office of Sol., Francis, Norwich
NEWTH, JAMES, general dealer, Bedininster; May 10, at eleven
at office of Sol., Atchley, Bristol

NICHOLSON, WILLIAM, merchant, Jeffreys-sq, St Mary Axe; May
10, at one, at the Mason's-hall tavern, Mason's-avenue, Basing-
hall-st. Sols., Nicholson, Nicol, and Son, Lime st
NORMAN, WILLIAM, builders, Weymouth and Melcombe Regis;
May 14, at three, at the Auction Mart, Melcombe Regis. Sols.,
Vizard and George

ONION, JEDEDIAH SOLOMON, grocer, Weston-super-Mare; May 13, at eleven, at the George and Railway hotel, Bristol. Sols, Baker Phillott, and James, Weston-super-Mare

PARKER, ALFRED, druggist, Rothwell; May 8, at two, at office of Burrell and Pickard, Leeds

PICKWORTH, ELIZA, grocer, New Sleaford; May 14, at twelve, at the Bristol Arms inn, New Sleaford. Sols., Peake and England, Sleaford POTTER, JOHN, coal merchant. Alderley Edge; May 13, at eleven, at the Swan hotel, Bolton-le- Moors. Sol., Hand ROBINSON, JOSEPH KIPLING, house joiner, Hartlepool; May 13 at twelve, at offices of Sol., Turnbull, West Hartlepool ROSENBERG, SIMON, journeyman tailor. Cheetham; May 15, at three, at office of Sol., Rylance, Manchester RUCKER, MARTIN DIEDERICH, and OFFOR, GEORGE, ship brokers, Leadenhall-st; May 15, st two, a office of Messrs. Cooper Brothers and Company, public accountants, George-st, Mansion House. Sols., Uptons, Johnson, Upton, and Bubb, Austin-friars

SEWELL, HARDWICK, tavern keeper, Luton; May 13, at two, at office of Sol., Drake, Highest, Boomsbury

SIMON, THOMAS, no occupation, Pembroke dock; May 13, at halfpast, ten, at office of Sol., Parry, Pembroke-dock STEDHAM. THOMAS GEORGE. tailor, Torquay; May 15, at eleven, at office of Sol., Toby, Exeter

TANNER, EDWARD JOHN, Jan., builder, Tonbridge; May 11, at eleven, at office of Mr. George Stenning, solicitor, High-st, Tonbridge. Sol, Rogers, Tonbridge

THORNTON, GEORGE, grocer, Openshaw: May 15, at three, at office of Sols., Marriott and Woodall, Manchester TOMEY, JOSEPH, glass manufacturer, A-ton; May 10, at eleven. at office of Sol., Burton Birmingham

TUCKER, CHARLES HENRY, grocer, Victoria-rd, Stoke Newington; May 11, at two, at office of Sol., Maniere, Gray's-iun-sq WADESON, ELIZA, out of business, Culford-rd, Kingsland; May 16, at two, at office of Sols., Nash, Field, and Layton, Suffolk WALTERS, RICHARD, builder. Tavistock; May 14, at twelve, at the Queen's Head hotel, Tavistock. Sol.. Chilcott, Tavistock WAUGH, GEORGE, builder, Jarrow-on-Tyne; May 14, at two, at office of Sols.. Hoyle, Shipley, and Hoyle, Newcastle-upon-Tyne WESTON, BENJAMIN DENT, packer, Bush-la; May 8, at eleven, nt office of Sol., Davis, Bedford-Tow WILSON, JAMES ALBERT, yern spinner, Huddersfield: May 17, at three, at office of Sols., Learoyd and Learoyd, Huddersfield WOOD, GEORGE WINTER, journeyman baker, St. John's rd Hoxton; May 7, at two, at office of Sol., Marshall, Hatton-gdn WOOD, THOMAS PALM, bootmaker, Brentwood; May 15, at four, at the White Hart hotel, Brentwood. Sol., Brown, Basinghall-st. WORSDALE, WILLIAM, greengrocer. King-st. Parliament st; May 7, at twelve, at office of Sol., Marshall, Lincoln's-inn-fields

The Official Assignees, &c., are given, to whom apply for the Dividends.

Abraham, R. J. clerk in land registry office, first, 5s. 9d. (on ac. count of 178, 5d. to new proofs). Paget, Basinghall-st.-Edwards, J. C. clerk in holy orders, first, 10d.Paget, Basinghall-st.-Jardiae, A. builder, third, 4d, (and 6s. 04d. to new proofs). Paget, Basinghall-st.-Les, J. S. wine merchant, third, 1d. (and 3s. Id. to rew proofs). Paget, Basinghall-st.-Pickering. E. H. U. clerk in General Post Office, first, Is. 91d. Paget, Basinghall-st-Red, H. corn dealer, first, 3s. 2d. Paget, Basinghall-st.-Whiteorth, J. wine merchant, fourth and final, sid. Paget. Basinghall-st. Burton, G. S. lieutenant, 78. At office of 1rust., W. Lloyd, Spilman-st, Carmarthen,-Cook, J. grocer, Bromyard, first, 1s. Gd. At office of Trust., R. West, High st, Worcester.-Fairweather, J. farmer, Brompton, 5s. At office of Sol., Fowle, Northallerton.Huntington and Wilkinson, manufacturers, Preston, first, 1s. At offices of Lees and Graham, St. George's chibs, Albert sq. Manchester.-Johnson, W. sail maker, first, 12s. At office of Trust., J. Holah, Moorgate st.-Parker, F. Poplar, 28. 11d. At office of T. W. Goldring, Chancery la.

BIRTHS, MARRIAGES AND DEATHS.

BIRTHS.

STORY-On the 28th ult., at South Norwood, the wife of A. B. Herbert Story, Esq., of the Middle Temple, of a son. MARRIAGES. ARDEN-RAWNSLEY.-On the 23rd ult., at Halton Holgate, Lincolnshire, Douglas Arden, of the Inner Temple, barrister-atlaw, to Emily Margaret, daughter of the Rev. R. Drummond B. Rawnsley, rector of Halton Holgate. HOLLIS-SMITH.-On the 27th ult., at St. Michael's, Highgate, George Hollis, of the Inner Temple, barrister-at-law, to Susannah, surviving daughter of Francis Smith, Esq., of the Grove, Highgate, and Widdington, Essex. TOPHAM-MILLER.-On the 24th ult, at St. Martin's, Haverstockhill, Francis Willows Topham, Esq., solicitor, West Bromwich, to Georgiana Mary Ann, only surviving daughter of the late George Miller, Esq., of Kentish-town. DEATHS. HURRILL.-On the 24th ult, at Old Ford, Bow, Middlesex, aged 80, Aaron Hurrill, Esq., of Lincoln's-inn, barrister-at-law.

A NEW EDITION (THE SEVENTH OF HALLILAY'S EXAMINATION QUESTIONS.

DIGEST of the EXAMINATION QUESTIONS in Common Law, Conveyancing, and Equity, from the commencement of the Examinations in 1836 to Hilary Term 1872, with ANSWERS; also the Mode of Proceeding, and Directions to be attended to at the Examination. By RICHARD HALLILAY, Esq., Author of The Articled Clerk's Handbook." By GEORGE BADHAM, Esq., Solicitor.

[Will be ready in about a month.

London: HORACE Cox, 10, Wellington-street, Strand, W.C.

The Law and the Lawyers.

THE Court of Common Pleas has decided that County Courts have no jurisdiction in Admiralty causes, which, on being removed to the High Court, would give that court a jurisdiction which it would not otherwise possess. The Liverpool County Court Judge had ordered the arrest and detention of a ship in an action for the alleged breach of a charter-party. It has been held that such order was made without jurisdiction.

VOL. LIII.-No. 1519

IT has yet to be decided what course a Judge ought to take before whom an action is proceeding, the facts of which disclose a felony on the part of the defendant. That he must not nonsuit the plaintiff is plain, according to a decision of the Court of Queen's Bench. Nor should he stop the case, nor direct a verdict for the defendant. No civil remedy can be pursued under su circumstances until the criminal has been convicted; yet our chief common law tribunal, whilst strongly disapproving of the course taken by a most experienced Judge, cannot say in what way the case ought to be disposed of. On a nonsuit a plaintiff is liable to costs, which he certainly ought not to pay where he has proved a felony against the defendant; and of all the courses open it would seem most reasonable to discharge the jury. It is to be regretted that the Court of Queen's Bench did not lay down a rule for the guidance of Judges sitting at Nisi Prius.

Ax attempt was made in the Court of Exchequer on the 20th ult. to obtain from a plaintiff particulars of the injuries which he had sustained in an accident, and for which he sought to recover damages against a railway company. The medical officer of the company had examined the plaintiff, but that was not considered sufficient. Of course it is perfectly plain what the defendants wished to provide against. There is probably There is probably no railway company in England which has not paid heavy compensation for fictitious injuries. The generalisations of which every science gives illustra tions are prominent in medicine, and it is almost impossible for the medical men on one side to meet completely a case of "symptoms" opened upon them in a court of justice. The court, however, did not see its way to granting the application on the state of facts as presented; but the sooner such applications are made successful, the greater probability will there be of justice being done between railway companies and their passengers.

IT has been decided by the Court of Common Pleas that on due presentation of a bankruptcy petition to a County Court verified by affidavit, describing a debtor as a gentleman, and stating that he does not carry on business within the district of the London Court, the County Court is entited to adjudicate, and such adjudication is binding as between the parties to the bankruptcy proceedings. A sheriff seized and sold the goods of a debtor on a judgment for an amount exceeding £50. A petition of the nature above described was presented to the Greenwich County Court, and the debtor was adjudicated bankrupt. Within fourteen days of the sale by the sheriff, notice was given of the presentation of the petition, and that the debtor was a trader. The County Court adjudication was, however, held conclusive as to the status of the bankrupt, and consequently sect. 87 of the Bankruptcy Act 1869, applying to the case of a trader, and enacting that under similar circumcumstances, the sheriff should hold the proceeds of the sale in trust for the trustee, did not apply. The Court intimated that if the County Court was wrong in its adjudication, the proper course was to appeal.

AN interesting question relating to the operation of County Court warrants has been discussed and decided by the County Court Judge of Preston. The facts of the case appear elsewhere, but the short point was as to the period when a County Court warrant of execution against the goods of a debtor operates upon the property in the goods. The learned County Court Judge has decided that it operates to vest the property in the execution creditor, from the moment when the application for the warrant is granted by the registrar, and consequently that an execution creditor issuing an execution by writ of fieri facias on a judgment of a Superior Court, is postponed to the execution creditor of the County Court, unless he seizes the goods of the debtor before the warrant has been granted by the County Court. This is to take County Court warrants out of, or rather to hold that they are not within, the statute 19 & 20 Vict. c. 97, which by sect. 1 enacts that no writ of fieri facias, or other writ of execution, and no writ of attachment against the goods of a debtor, shall prejudice the title to such goods acquired by any person bond file, and for a valuable consideration, before the actual seizure or attachment thereof, by virtue of such writ. We refer our readers to the judgment of the learned Judge for the grounds upon which he bases his decision.

We think it may be said that the TICIBORNE claimant stands preeminent amongst unconvicted accused as the victim of extraforensic speeches. In Parliament the ATTORNEY-GENERAL has prepared the public mind for a conviction by denouncing the claimant's case as an assault upon the common sense of mankind. Some less eminent personage, whose name we have forgotten, in the same place took occasion to pre-judge the whole question; and now we have the CHANCELLOR of the EXCHEQUER declaring that he and the ATTORNEY-GENERAL are at one, and, fairly enough, that the prosecution being directed by a Judge, it was right that the public money should be spent in carrying it to a successful issue. Had Mr. LowE confined himself to that ground, there could have been no cause for remark. He went on, however, amid “general

cheering," to refer to the enormity of the crime of attempting to rob a "helpless infant" of his possessions, and a "respectable and honourable lady" of her character. Apart from the question whether an infant can be called helpless who fights successfully a legal battle of a hundred days, we trust Mr. LowE does not mean to say that the Government will be influenced in providing funds for prosecutions by the condition of the intended victim of a prisoner, whether helpless, respectable, or honourable, or anything else. If Government embraced the cause of every helpless infant oppressed by civil proceedings, or of respectable and honourable women who are defamed, Mr. Lowe would very soon have to add another penny to the income tax. The fact that the prosecution was ordered by the LORD CHIEF JUSTICE was a sufficient justification for the course pursued by the Treasury.

INCIDENTALLY, in the course of the debate above referred to, Mr. HARCOURT took occasion to protest against a statement supposed to have been made by the ATTORNEY-GENERAL to the effect that no man could occupy an office of state who did not possess an independent fortune. The hon. and learned member for Oxford denounced this as the most mischievous and revolutionary statement that could go forth from the Treasury Bench. The ATTORNEY-GENERAL explained that his intention was to draw a distinction between those who, on taking office, gave up professional practice, and those who gave up nothing, comparing ministers generally with law officers; but he does not appear to have retracted or repudiated the statement complained of by Mr. HARCOURT. And in principle he is right, and for the purposes of the debate the remark was strictly true. A man who becomes a law officer runs a certain risk of losing his practice; he ought, therefore, to possess a private fortune. Take as an example Sir ROBERT COLLIER, who, whilst he was a law officer, had scarcely any private practice. To take office he left a lucrative practice on his circuit. Sacrificing that he lost everything. He could not have taken office if he had not secured his fortune to some extent at any rate beforehand. This is an illustration which justifies the observation of the ATTORNEY-GENERAL. A private fortune is, indeed, a great advantage to every professional man. It raises him above that necessity which is apt to induce men to sail too near the wind and offend etiquette; and saves him further, from the exercise of pursuits calculated to detract from his professional position. Whilst, therefore, it would be absurd to say that persons without fortune ought not to aspire to become officers of State, it is undoubtedly much to be desired that such dignitaries should possess competent means independent of their official incomes.

MR. WILLIAM FOWLER has introduced a Bill to amend the law as to the custody of infants. It provides, first, that upon petition by the mother of an infant a Judge in Chancery shall have the power to give her the custody of the infant up to the age of 16, subject to such regulations as regards access by the father as he may think fit; secondly, that no agreement shall be invalid by reason only that it provides that the father of an infant shall give the custody and control of it to the mother, provided that no such provision shall be enforced by the court if it appear not to be for the benefit of the infant to give effect to it. This would, we think, be a very just and beneficial measure. At present the law may press very hardly upon the mother of a child just over seven years of age. By Talfourd's Act (2 & 3 Vict. c. 54), a Judge in Chancery has power to give the mother control of her infant up to seven years of age, but no longer. It is manifest that the same reasons which make it expedient to give her the control of her child when it is just under seven, will often apply when it is considerably over that age. As to the second provision, at present the general rule is that such an agreement is bad, because it is against the policy of the law, which holds it desirable that the father should have the superintendence of his children. But when a case occurs in which his superintendence is manifestly injurious to the child, then "the same policy of the law which makes such a covenant bad in other cases, makes it good in the particular case supposed:" (Lord ROMILLY, in Swift v. Swift, 34 Beav. 271). The effect of this proviso would be, therefore, that instead of the mother having as heretofore to prove that the father ought not to have the custody of the child, the father will have to show that, notwithstanding the agreement, the mother ought not. It seems only just that where the father has voluntarily contracted, the onus should lie upon him to show that public policy requires him to be relieved from fulfilling his

contract.

A MOST important question has been raised by the debate on the law officers and their duties. That question is whether it is possible to secure the services of the foremost men exclusively for the public. To put forward a proposition that a prominent barrister, a recognised leader of his profession, shall abandon his private practice to undertake a public office which is not permanent, shows a want of knowledge of the peculiarities of professional existence. There are men who have refused judgeships, preferring to retain a lucrative private practice. A puisne judgeship is not

worth so much as the Solicitor-Generalship: but, then, it is permanent. There is very little force in the proposal to secure to men who have once been law officers the reversion of the judgeships as they fall vacant; for, in the first place, all law officers cannot expect to be made judges, and, in the next place, were this a reasonable expectation, the period of waiting in a state of comparative inactivity would be intolerable. Some hon. member in the course of the debate said that if Sir J. COLERIDGE ceased to be a law officer, his services would immediately be in great requisition. Possibly, because he has retained his hold on the public by keeping as much of his private practice as was consistent with the due discharge of his public duties. Indeed, it is difficult to imagine any law officer more busily engaged in private practice than Sir JOHN COLERIDGE has been during the past twelve months, and if the public service has not suffered there ought to be no ground for objecting to the continuance of the existing state of things. If law officers are to be secured who will give up entirely a first-class professional practice, they must be held entitled to a pension almost as large as their salaries, however short their term of office. But our opinion is decidedly in favour of continuing the existing arrangement. For the benefit of the Profession it is desirable that the law officers should be active members of it. The ATTORNEY-GENERAL ought to be the leader of the Bar in fact, as well as by position, and this he could hardly be if he were debarred from private practice.

THE spirit of reform in the matter of legal education has penetrated to the Isle of Man, and at a Chancery Court held on the 2nd instant, the Lieut.-Governor informed the Bar that examinations for admission would in future be much more strict. To carry out this view an order has been issued which provides that "Students at law will in future have to pass three examinations before admission to the Manx Bar. The first, or preliminary examination, to be within the first year of their being articled. The second, or intermediate examination, within three years, and the final examination at the termination of the five years for which they are articled clerks. In the event of failure, two other opportunities for each examination will be afforded at intervals of not less than three, nor exceeding four, months; but three consecutive failures in any one of the examinations will be considered to exclude the students from admission to the Manx Bar. Students who have been articled for above one, and less than three years, may go up for the first and second examinations within three months of the date of this order, with an interval of not less than one month, or exceeding two months, after the passing of the first examination. In the event of failure, a month will be allowed between each failure. The same rule will apply, that three consecutive failures in any one examination will debar the student from again competing. If a student has served more than three years, it will be optional with him to take the three examinations at the termination of his articles of clerkship, at an interval of not less than one week, and not more than two months between each examination, the same limitation being required in the event of failing, and three consecutive failures will apply as in other cases. The preliminary examination in general knowledge will embrace the following subjects: First, English composition; secondly, English history; thirdly, geography; fourthly, arithmetic; fifthly, elementary knowledge of Latin; sixthly, French, or any other modern language. The intermediate examination will embrace simple questions in law and book keeping. The final examination will include questions on common and statute law, and practice of the courts, conveyancing, equity and practice of the courts, bankruptcy and practice of the courts, criminal law, and proceedings before magistrates. A student who has served three years and upwards as an articled clerk, at the date of the order, will be exempt from examination in French or other modern language.”

A MOST elaborate judgment was recently delivered in one of the American courts on the question," What is barratry ?" This is a branch of the law of marine insurance about which some difference of construction has arisen in England, America, and on the Continent. In England we have been accustomed to consider that there cannot be barratry without fraud or malversation on the part of the master or crew; mere negligence, even though it be of a gross character, is not sufficient. In America, culpable negligence or gross misconduct is barratry. In France the term includes fraud, negligence, unskilfulness, or mere imprudence. By the German law the underwriter is responsible for " risk of dishonesty or default of any member of the crew so far as a loss may thereby be entailed upon the subject insured." There appears to be no good reason why there should be any divergence of opinion on this subject among the different nations of Europe. We, no doubt, get at the same result as our neighbonrs, by the comprehensive term in our policies," all other perils," and where negligence of the crew brings about a disaster the courts look at the disaster and not at the negligence, so as to bring the loss within the policy. Mr. Justice JOHNSON's view in the Patapsco Insurance Company v Coulter (3 Pet., U.S., 234), seems to be the correct one, having regard to the ordinary form of policy, that negligence itself, when gross, is evidence of barratry." There is the difficulty

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