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AUG. 17, 1872.]

LEGAL EXTRACTS.

MATTHEW DAVENPORT HILL.

(From the Law Magazine for July.) WE do not propose in this place to give an exhaustive biography of Mr. Hill. But such a work would be undoubtedly of the highest interest. For fifty years he associated with men whose names are amongst the brightest on the rolls of the nineteenth century, and the story of his life would be valuable, not only as the biography of a life spent in good work, but also as a record of the men he knew who have played an important part in the history of our time. We cannot, however, now do more than briefly record the leading events of his life; whilst in doing so we would venture to express a hope that Mr. Hill's literary executors will in due time give the world a more detailed

and matured work.

Mr. Hill was born on the 6th Aug. 1792, in Suffolk-street, Birmingham. His father, Thomas Wright Hill, was a man of considerable intellectual power, high principle, and great simplicity of character. When Matthew, who was the eldest child, was three years old, the family removed to Kidderminster, and thence to Wolverhampton. But as the father found that his income, which was very small, would not suffice to educate his children in the manner he would like, he determined to invest all he had in a school, in order that he might secure for them a good education. He therefore, in 1802, purchased a school in Birmingham, which fortunately proved a success. The sons-first as pupils, and then as mastersworked with the father, and in a few years the school was so prosperous that a larger building was required, and the new establishment made a considerable name as the Hazelwood School. The Hazelwood system of education became celebrated, as a protest against the narrowness of the school system of that day, and was in a great measure the cause of the subsequent improvement in public school education. For several years two establishments were carried on-one at Birmingham, and the other at Tottenham. Finally the whole was united at Bruce Castle, Tottenham, where Mr. Arthur Hill, one of the sons, carried on the school for many years, and was succeeded in his turn by his son, who conducts the school at the present day. The assistance of his sons enabled Mr. Thomas Hill to devote a good deal of time to scientific pursuits, for which he had always a great taste, and he was an active member of the Astronomical Society in its early days. Even within a month or two of his death, when he was eighty-nine years old, he was occupied in framing a system of nomenclature for the stars, and when he was eighty-eight he went down with his telescope to the coast of Sussex, to observe an eclipse of the sun. He was also distinguished, at a time when Liberal opinions were rare and unpopular, for an unswerving adherence to the principles of civil and religious liberty. When Dr. Priestley's house was attacked by a furious mob on account of that gentleman's religious and political views, Mr. T. Hill strove to defend it, and the same spirit led his betrothed wife to refuse to utter the party cry of "Church and King" when the carriage in which she was riding was surrounded by a crowd of rioters.

The children of such parents could hardly fail to do the word good service, and the careers of the sons of Mr. Thomas Hill have proved his talents and love of liberty to be an hereditary possession of the family. The author of penny postage has won a name in history which needs no comment. The second son, Mr. Edwin Hill, has done good work as the head of the stamp department at Somerset House. Mr. Arthur Hill, who took the whole charge of the school when the other sons entered upon their various careers, has proved himself an able and successful educator. Mr. Frederic Hill, the youngest son, now Assistantsecretary to the Post-office, was the first, when Inspector of Prisons in Scotland, to advocate and enforce those humane principles on which modern prison discipline is founded; and his work on crime is a standard authority for legislation. The eldest son, the subject of this memoir, assisted in the school, and gave lessons as a private tutor in neighbouring families until 1816, when he went to London to enter himself at Lincoln's-inn, and to prepare himself for the Bar. He was not one of those law students who seem to think that the periodical consumption of a certain amount of roast mutton and port wine in the legal atmosphere of an Inn of Court is sufficient in itself to fit a man for the strife of Westminster Hall. He studied hard and well, and thus acquired a wide knowledge of the theory of the law, which stood him in good stead in after life, when the daily demands of a large practice made study of anything but the matter in hand almost impossible. He was called in 1819, and in the same year married Miss Bucknall, of Kidderminster, who made him an excellent wife for forty-eight years-dying five years before her husband. At this period of his life Mr. Hill had no resources

THE LAW TIMES.

but such as his pen furnished, and his early days necessarily were passed in the practice of the strictest economy. Like Lord Campbell, and other men afterwards eminent at the Bar, he worked for some time as a newspaper reporter, whilst his brothers added what they could to his store. He lived for some time in Boswell-court, now pulled down as part of the site for the new Law Courts, and whilst there he first thought of that district as an eligible site for a palace of justice, and he advocated the Carey-street site twenty years before it was actually chosen. Mr. Hill's first case at the Bar, which was argued during the term of his call, was an argument in the King's Bench, in King v. Borron, a memorable case arising out of what is still known as the Manchester massacre, when a troop of yeomanry a harmless and unarmed crowd at charged Peterloo, near Manchester. Mr. Hill has given an amusing account of his first appearance before the judges, in an article entitled "My Maiden Brief," first published in Knight's Quarterly Magazine. The paper has been often reprinted, and has deservedly found a place in Knight's Young "Half-Hours with the Best Authors." barristers will there find the consolatory fact that a man whose composure in after days could not be shaken, was as nervous as the most timid beginner on the occasion of his first brief. The time when Mr. Hill first showed great forensic talent, was in the defence of Major Cartwright, at the Summer Assizes, at Warwick, 1820. He had only just joined the Midland Circuit, and owed the honour of selection as counsel for the defence to his private acquaintance with the major, whose friendship he enjoyed until the death of the latter, in 1824. The defendant was a retired navy officer and major of militia, brother to the inventor of the power loom for weaving, and a man of extreme political opinions. He had advocated the expediency for England of the independence of America, at a time when the nation felt sorely the failure to crush the revolted colonies, and he had urged the adoption of annual parliament and universal suffrage, when such topics were considered absolutely revolutionary. The case in which Mr. Hill was called upon to defend him at Warwick was an ex-officio prosecution for having, with others, convened a public meeting at Birmingham, and there caused to be a legislatorial attorney"-to use the phrase adopted by the major and his friends-to member for be returned to Parliament, as the town, which was not then a Parliamentary borough. The profession of Liberal views was not at that time a stepping-stone to success; the Bench and the Bar were Tory almost to a man; and Mr. Hill was warned that if he accepted the brief, he would ruin his prospects at the Bar; but he regarded the acceptance of the brief as a public duty, and never through life departed from what he felt to be his duty for fear of possible injury to his prospects. He failed to carry the verdict; but the manner in which he conducted the defence won general admiration, and was the foundation of a life-long friendship with Lords Brougham, Truro, and Denman, who were still at the Bar, and had taken much interest in the case.

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The prophets of evil, who had said that the conduct of the Cartwright case would be Mr. Hill's ruin, were fortunately proved wrong by the event. From that time forth, Mr. Hill's business slowly but steadily increased. He was without connection; he had no attorney in his family; he He had not a wide circle of was a poor man. friends, where A. tells B. that C. is an able man, and so C. gets gradually pushed into fame. He succeeded purely on his merits; he worked hard, and made the most of his legitimate opportunities; and his success is another proof that connection is not so all-powerful and indispensable as it is the fashion to maintain at the present day.

In 1820, when Mr. Hill had hardly been a year at the Bar, he received a junior brief to attend a Parliamentary committee, in support of a Bill to empower the Commissioners of Police of Manchester to light that town with gas. Mr. Hill's leader, Serjeant Adams, was a man of eminence at the Bar, with a large circuit practice; and the second brief was held by Mr. Wilde, afterwards Lord Truro, who had already a considerable business. Contrary to expectation, the Bill did not come before the committee until the summer circuit began. The leader and first junior, unwilling to give up their circuits, returned their briefs. Thus, Mr. Hill, an unknown junior of a single year's standing, was left alone, and time hardly admitted of the instruction of other counsel. It must be added that the difficulty of the case was much increased by the fact that a new principle of political economy was involved in the issue. This was the first application from a municipal body for leave to apply public funds to the carrying on of a manufacturing business for the benefit of the public. The Bill was opposed on the ground that it would give the commissioners a monopoly, whilst public interest required competition, in order to ensure a supply of gas at the lowest prices and the best quality. The solicitor

In

to the commissioners came to Mr. Hill, and asked
to be allowed to see his notes for his address to
Mr. Hill thought the circum-
the committee.
stances of the case justified this unusual request,
The solicitor was so
and he complied with it.
highly satisfied that he confidently left Mr. Hill
to fight the case single-handed. Mr. Hill was
entirely successful, and carried the Bill through
Parliament, against a powerful opposition.
consequence of this success, he acted as standing
counsel for the commissioners until this office was
abolished on the incorporation of the town. As
regards the economical question, Mr. Hill argued
that, although private companies might compete
with each other for a time, they were sure, at last,
to see their true interest in a combination against
the public, which would result in a far more
injurious monopoly than any that could be main-
tained by the town. In the one case there would
be the interest of several capitals, and the expense
of several undertakings to pay, without any check
upon quality or price, whereas in the other the
town's own delegates would administer the con-
cern, and all profits would return to the com-
munity in the shape of improvement of the town
and decrease of the rates. The success of the
Manchester Gasworks has fully justified Mr. Hill's
contention, and we hope to see the principle some
day applied to all undertakings of a like nature,
and even extended to the railway system of the
country.

Whilst his work at the Bar was increasing, he found time-as indeed he did at his busiest moments-for much other useful work. In 1822, in conjunction with his brother, the present Sir Rowland Hill, he wrote a book on the principles of education, entitled Public Education, with illustrations drawn from his experience at his father's school. This work first set forth, in a clear light, many rules of training and instruction, which have since that time gradually worked themselves into general acceptance. It was elaborately reviewed by the Edinburgh Review, and other periodicals. The work so pleased Jeremy Bentham that he sought out the author, and from that time honoured him with his friendship. When Bentham shunned society, and denied himself to almost all who sought him, Mr. Hill was one of the few who were still admitted, and had many pleasant reminiscences of the tête-à-tête dinners, which the great legist held to be the only rational mode of enjoying company. Mr. Hill was associated with Bentham and Brougham in the establishment of the Society for the Diffusion of Useful Knowledge. He took an active part in its proceedings, and suggested many of its most successful publications. It was owing chiefly to his exertions that the art of illustration, which had fallen into neglect, was introduced again to public use, and much extended and improved by the publications of this association. He was a frequent writer in the Penny Magazine, the first penny illustrated paper, which was one of the greatest successes of the society. At one time ius weekly circulation rose to 170,000, and for a long time it was over 100,000. It had the advantage of three or four woodcuts in each number, and its extraordinary cheapness, for those days, excited much hostility in the trade. It was the first publication in which the printing-machine was made to operate at once upon woodcut and metallic types. This combination was thought impracticable; but Mr. Hill arrived at success by bringing together skilled workmen, who, under his superintendence, gradually overcame each difficulty. As Martin Danvers Heavyside, Mr. Hill was one of the band of young authors who, under assumed names, gave Amongst his celebrity to Knight's Quarterly Magazine, during its brief and brilliant career. colleagues were Macaulay (known as Tristram Merton), Hartley Coleridge, Mackworth Praed, John Moultire, and Professor Malden.

Meanwhile, Mr. Hill progressed steadily in his profession; and, in 1829, his position at the Bar was such as to lead to his appointment on a royal commission to consider the subject of fees receivable in the superior law courts. On this subject he held Bentham's opinion that the increase of litigation which might follow on the cheapening of justice, is not so great an evil as the debarring suitors from their rights by the exaction of a fee at each step of the process. Mr. Hill used to illustrate this opinion by a quotation from Professor Porson's mock-examination questions for What students, which ran: "What happens if you win "You are nearly ruined." "You are your cause?" happens if you lose your cause?" quite ruined." When the commission had concluded its labours, each commissioner was paid £1000 for his labour. But Mr. Hill thought this remuneration was too large for the work performed, and returned £500 to the Treasury. This act of conscience seems to have been taken by the Government as implying censure; for Mr. Hill was never again placed on a paid commission.

Mr. Hill was a strong Liberal in politics, and took an active share in the labours of the Liberal party to obtain Parliamentary reform. This fact, combined with a successful defence of a your

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physician of Hull, under circumstances which attracted popular sympathy with the accused, led to an invitation from the people of that town to represent them in the first reformed Parliament. Mr. Hill accepted the invitation, but under what were, in those days, somewhat singular terms. He stipulated that there should be no "colour-money,' no treating, no personal canvass. The terms were accepted, and although the town had been hitherto noted for its corrupt electioneering practices, Mr. Hill was returned at the head of the poll. But he nearly paid dear for his success. A large party of voters and non-voters took it ill that a stranger to the town should come and deprive them of their usual season of bribery and unlimited drink. Whilst Mr. Hill was on his way in procession to the hustings, they seized him, and began to drag him towards a dock close by, filled with many feet of soft mud, where he must inevitably have been suffocated. His opponent, Mr. Carruthers, flung his arms round Mr. Hill, and declared that if the mob threw Mr. Hill into the dock, they should throw him in also. This caused a diversion, which was materially assisted by a hairdresser, who rushed out from his shop, leaving a customer's hair half curled, and belaboured the fingers of the rioters with his hot curling-irons. Mr. Hill's friends thus had time to rally, and they rescued their candidate; but not before he was so injured that he had to keep his bed for some time.

One of the earliest measures Mr. Hill took up in Parliament was municipal reform; and he presented the first petition in its support. In consequence of the power of municipal corporations being at that time vested in self-electing bodies, local interests were sacrificed to party purposes, corporate property was illegally alienated, and many other similar abuses had arisen. Mr. Hill failed to carry any measure of reform at the time. The abolition of colonial slavery and the reform of Poor Laws was enough for one Parliament to accomplish. But the several Municipal Reform Acts, passed in the following Parliament to regulate corporate boroughs, no doubt owed their success in part to his efforts. His labours in this direction were unfortunate as regards himself. The constituency of Hull was largely composed of "freemen," who felt their existence threatened by the proposed reforms; and at the next election they succeded in depriving Mr. Hill of his seat by means of their adverse vote. During the short period-not more than two years-that Mr. Hill was a member of the House of Commons, he gave particular attention to the improvement of the criminal law. Both by evidence before a select committee and by his speeches in the House he strongly supported the Bill for allowing persons charged with felony to employ counsel in their defence. He took an active part in obtaining the Bill for the establishment of the now flourishing colony of South Australia. He also spoke in favour of slave emancipation, the repeal of the stamp duty on newspapers, and of the tax upon

almanacks.

The case of Bron de Bode, a name well known to readers of old law reports, is intimately connected with Mr. Hill's career. It appeared that property in Alsace belonging to the baron, both by inheritance and by cession from his father, had been confiscated during the French Revolution. Indemnification was therefore claimed from a fund amounting to seven millions stirling, which had been paid by France to the English Government, on the accession of the Bourbons, for the liquidation of such claims. This application was refused, chiefly on the ground that the father was the owner of the estate, and not the son, at the time of the confiscation; and that the father, not being a British subject, could not, if he were alive, claim compensation. The son, on the other hand, argued that the property became his by cession before the confiscation, and that therefore his claim was good. Mr. Hill, in 1833, moved for a committee of the House of Commons to examine into the claim, but with out success. He brought forward his motion again the following year, and a committee was appointed, of which Mr. Hill acted as chairman. Before the committee could report, the Parliament was dissolved. In 1838, Mr. Hill pleaded the baron's cause in the Court of Queen's Bench. Notwithstanding an adverse judgment, he subsequently argued the case in other courts with success, but he failed to convince the Court of Appeal. In 1851, Mr. Hill's promotion obliged him to relinquish the cause which he had advocated for nearly twenty years. In 1852, again in 1853, and, finally, in 1854, the case was laid before the consideration of Parliament, and the baron was fortunate enough to obtain a unanimous report in his favour from a select committee of the House of Lords; but, notwithstanding all these efforts, his claim remains unsettled to the present day.

Mr. Hill lost his seat for Hull in 1835, and never re-entered Parliament, although more than once invited by constituencies to come forward as their candidate. In 1834, he received his silk gown from Lord Brougham as Chancellor, with a

patent of precedence. Of his speech in a famous election petition in 1835, the author of The Bench and the Bar says: "I am not sure whether, taken altogether, it was not one of the most masterly forensic exhibitions which had been made in Westminster Hall or its neighbourhood for some years previously. There was in that speech a striking union of intellectual and professional attainments of a first-rate order, with a zeal and boldness in the cause of his clients which it would be impossible to surpass."

In 1838, Mr. Hill won general respect and admiration by his gratuitous defence of twelve men who had been condemned to transportation by a Canadian court for political offences in that country. It was believed that the conviction could not be sustained in law, and they were brought to London on a writ of habeas corpus. Sufficient doubt was thrown upon the justice of the conviction to cause the release of six out of the twelve prisoners.

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persons who have already been convicted of a felony, or of such a misdemeanor as necessarily implies dishonesty in the guilty party. Adverse testimony against the accused might also be met by a counter presumption that his wants did not place him under temptation to commit the crimes of which he was suspected.

In the following year Mr. Hill delivered a second charge, in which he explained his plan in greater detail. It was natural that the suggestion should be widely discussed, and whilst it was received with much favour by some of the leading organs of opinion, its mere novelty was enough to evoke adverse criticism from many quarters. Exact proof would never be found; too much power would be given to the police; French espionage cannot be admitted in England; honest poor men would be exposed to persecution: these were some of the adverse opinions of the day. But whilst there is a class subsisting entirely by the perpetration of crime, and we have credible and intelligent police officers who are able, at a moment's notice, to give the addresses of the persons following this avocation within their par ticular district, it seems monstrous that we should allow these offenders to pillage with impunity; and we hope ere long to see Mr. Hill's plan adopted as part of the law of the land.

In 1839, when Birmingham received its charter of incorporation, his native town paid Mr. Hill the compliment of petitioning Government for his appointment as the first recorder. He accepted the office, and delivered, in July 1839, the first of that series of charges to the grand jury, by which he obtained a wide publicity for those principles of prison treatment and criminal The ticket-of-leave system was the subject of reform which are associated with his name, and three charges. Mr. Hill always regarded the which have since been adopted as the basis of all principle as sound, although he strongly dis enlightened penal systems. These addresses have approved of the mode in which it was carried usually found a place in the leading journals at out. The theory embodied two most salutary the time of their delivery, and have often been principles. First, that the criminal should have the subject of prolonged and earnest discussion the opportunity of working his way, by good by the press. The first charge was delivered conduct, to conditional liberty; and second, that under exceptional circumstances. For some little he should, for a limited period, be liable to be time the town had been in a disturbed state, in deprived of this liberty, if his course of life should consequence of large daily meetings being held in be such as to give reasonable ground for the streets at the instance of certain Chartist belief that he had relapsed into criminal habits. leaders, and the day previous to the sitting of the But the system was not administered in this theory court a coilision took place between the populace of conditional pardons. Licences were granted and the police, in which the police were worsted.-not as a reward for good conduct, or with a Soldiers in consequence were guarding the town, view to test the convict's fitness for liberty, but and a squad of dragoons surrounded the court simply because a certain portion of his sentence house. No further disorder occurred, but it was a had expired. Of this abuse of the principle, Mr. natural subject of regret to the recorder, that Hill expressed his strong disapproval; and we "the first introduction of trial by jury into the believe that the system is now administered on a town of Birmingham should be made so better basis. Mr. Hill's name is perhaps more happily memorable." In the course of his opening identified, in the public mind, with the improved address. Mr. Hill alluded to many of those prin- mode of dealing with juvenile offenders than with ciples of criminal jurisprudence which in later any other branch of criminal law reform. He charges he has more fully developed. That cer- adopted a course with regard to young prisoners tainty rather than severity of punishment is the brought before him as recorder, which had for a true deterrent from crime; that criminal justice long time been pursued by the magistrates of should be administered as far as possible where Warwickshire, and of the success of which sixteen the crime has been committed; that the injured years' attendance at the sessions of that county party should be put to no expense in his per- had enabled him to judge. He returned to their formance of a public duty; that the State should employers, when willing to receive them, all pay the cost of prisoners' witnesses; that an young offenders who were beginners in crime, and offender should be withdrawn upon his first sen- whom such lenient treatment was likely to retence from the scene of his crime, in order to save form. Upwards of 400 youths were thus conhim from returning to pursue crime as a calling; signed to the care of willing guardians, and subthat it is cheaper for the country to keep a depre- sequent good conduct proved the soundness of dator in prison until his cure is complete, than to the principle. In Dec. 1851, Mr. Hill presided at release him in order that he may maintain himself a conference at Birmingham, suggested by Miss by further depredations. All these points were Mary Carpenter, on the subject of preven touched upon, with a final reference" to educative and reformatory schools; and two years tion in the large and true meaning of the word as later he took the means of striking at the root of the evil." A charge delivered by Mr. Hill in 1850 attracted especial attention. The public at that time were terrified by a succession of daring burglaries attended with violence to the person, which gave rise to a general panic. The recorder thought it a fitting time for the promulgation of a plan which he had long had under consideration. He pointed out that the existence of a class of men who followed crime as a calling was well known, and that these men herded together, and their haunts were known to the police. They keep the public in a state of constant alarm; their existence is a heavy charge on the community, not only on account of the depredations they commit, but also by reason of the necessity of protection against them, whilst their immunity is a temptation to others to join their ranks. Mr. Hill proposed to meet this evil by a modification of the principles of our criminal law. Hitherto the law only dealt with crime actually committed; Mr. Hill proposed to deal also with crime in contemplation.

"What I would propose," he said, "is that when by the evidence of two or more credible witnesses, a jury has been satisfied that there is good ground for believing, and that the witnesses do actually believe, that the accused party is addicted to robbery or theft, so as to deserve the appellation of robber or thief, he shall be called upon in defence to prove himself in possession of means of subsistence lawfully obtained either from his property, his labour, the assistance of his friends, or from some other honest source. On the failure of such proof, let him be adjudged a reputed thief, and put under high recognizances to be of good conduct for some limited period, or, in default of responsible bail, let him suffer imprisonment for the same term."

1 Mr. Hill, with wise caution, proposed that the operation of the law should be at first confined to

an active part at a similar meeting, held in the same town. To these conferences is attributed, in great measure, the rapid development throughout the country of the now universal opinion that young criminals should be sent to school rather than to prison. Refor matories have sprung up in almost every county and Mr. Adderley's Juvenile Offenders Act of 1854 has converted hundreds of young criminals into useful members of society. It may be added that Mr. Hill, in concert with Miss Carpenter and his own daughters, made great use of the voluntary assistance of all capable persons who were willing to lend their aid to the reformatories and industrial schools with which he was immediately connected. This admirable principle of the utilization of all who are prepared to work in support of their convictions is now adopted generally in all such institutions. Mr. Hill's charges have subsequently been collected with much supplementary matter in a work, entitled, The Repression of Crime, a well-known book of reference on the subject.

In 1843 Mr. Hill, in conjunction with Lord Brougham, Mr. James Steward, Mr. Pitt Taylor, and other leading law reformers, took part in founding the Society for the Amendment of the Law. To this society are due many improvements in our jurisprudence, and as it still exists in vigorous action (amalgamated with the Social Science Association), further benefits may be anticipated from its operation.

Mr. Hill led his circuit for some years, but eventually left it in order to devote himself exclusively to his business in town, which increased so much in the Parliamentary committee rooms and the Common Law Courts, that his health became seriously affected. We have not space to go into any detail as regards Mr. Hill's profes sional work, and the mere mention of the names of the celebrated cases in which he was engaged,

such as Reg. v. O'Connell, Stockdale v. Hansard, Dr. Hampdeu's case, &c., would only weary the reader. His greatest triumph, though not by any means his best known case, was Geach v. Jugall, a case arising out of a claim on a life policy, repudiated by the insurance company on the ground of the concealment of a material fact, to wit, blood spitting. Mr. Hill, with the present Mr. Justice Mellor as his junior, won the verdict at Warwick against the company. The verdict was set aside as against evidence, and Mr. Hill went down on special retainer to fight the case over again. He won a second time, and a second time the verdict was set aside. Again he went down on special retainer, and again he carried the day, and the verdict this time was left undisturbed. Mr. Hill set the more store on this victory, as it was generally attributed to his cross-examination of the medical witnesses. In 1851 he accepted a commissionership in the Bristol Court of Bankruptcy. Mr. Hill at once showed a vigour in administering the law to be expected from one who had already given such signal proofs of ability. He held the office for nineteen years, and the manner in which he discharged the duties of the court won him universal respect. His judgments were rarely appealed against, and still more rarely reversed, whilst his manner to suitors and practitioners was invariably courteous, without ever descending to loss of dignity. In 1866 failing health obliged him to resign the Birmingham recordership, and the Bankruptcy Act of 1870 relieved him of the necessity of a similar step at Bristol, by the abolition of his office. Under the provisions of the Act he retired on full salary. Since that time the infirmity consequent on his advanced age prevented his taking a prominent part in measures for public improvement. But his interest in them continued the same up to the last, and he frequently corresponded with, and advised those who were engaged in their active promotion. He warmly interested himself in the International Congress for the Repression of Crime. He held the proposed comparison of the prison treatment of different countries, and of the effects of various systems of penal legislation of the highest value, and, had his life been spared, he would have journeyed to London in order to attend the sittings of the congress. He followed eagerly up to the last the progress of current history, both at home and abroad. Frequent visits to France-his first was in 1814, just before the hundred days-made him feel deeply the recent misfortunes of that country, and the uncertainty of her future. He said, about two months ago, in writing to a friend, "Poor France, indeed! She might say with Voltaire, 'I am going to the grand peut-être."" The progress of the negotiations relative to the "indirect claims" were far from giving him satisfaction. In a conversation just before his death, he said :

"I fear that our Commissioners fell into the error of taking too much for granted in arranging the details of the Washington Treaty. I have observed through life that verbal understandings, as they are called, almost invariably result in verbal misunderstandings. What our representatives should have done was this: As soon as they agreed, or agreed to differ, on any point with the representatives of the United States, they should have said, 'Now let us have that down in black and white.' We should then have heard nothing of these preposterous indirect claims."

The practical common sense which marks this opinion never deserted Mr. Hill; and united with a preserving energy that almost amounted to enthusiasm, enabled him to achieve much solid good in fields where sentimental philanthropes too often work only harm. In addition to his labours in the repression of crime by the reformation of criminals, he took an active interest in everything that tended to elevate the working classes. But he never saw the working-man through rosecoloured spectacles, or, as he once put it, "The working-man is no angel; at any rate, I have never been able to discover his wings." Thus guided by the dictates of moderation and sound judgment, he was able to work much practical good. The educational institutions for the lower classes at Birmingham all received from him a helping hand. The Mechanics' Institute, the Polytechnic Institution, the Midland Institute, the Free Grammar School, all found in him an earnest friend and an able adviser. He was elected President of the Midland Institute for the year 1967, and passages in his inaugural address show that he never shrank from an unpleasant truth where he thought the utterance of it might work good. Addressing an audience composed partly of manufacturers, partly of workmen, he attacked, on the one hand, that despicable species of competition in trade which incites the manufacturer, with the view of underselling his rival, to deteriorate the quality of his goods," whilst, on the other hand, he did not spare trades unions which "frame regulations to prevent strength and skill from effecting more for the employer than he obtains from a lower grade of capacity. This principle of trade," he said, "combined with restraints on taking appren

tices, whereby the supply of labour is lessened, and youths are cruelly precluded from becoming artisans, enhances prices, and debases quality; emulation is checked, legitimate ambition has no outlet, and an approach is made to the stagnation of intellect, which belongs to slavery."

In the same address Mr. Hill alluded to the principle of co-operation, to which he attached very great importance. In his opinion it contained the true remedy for the abuses of unionism and the evils of strikes, and would eventually raise the workman to the level of the employer. His attention was first attracted to the subject by a visit to the co-operative establishment of the Equitable Pioneers of Rochdale, in 1860. It may be added, that through life he insisted on seeing and judging for himself whenever it was practicable. He had a lawyer's mistrust of hearsay evidence, and no inspector could have gone more thoroughly into the working of reformatories, both here and in France. After visiting Rochdale he laboured to extend the application of the principle of co-operation, either by the association of the workmen in the profits by the foundation of retail co-operative societies in old establishments, or by the combinations of workmen for the production of any article of trade. But practical common sense always tempered his enthusiasm, and his letters of advice to the Co-operator Journal, and his counsel to various societies who sought his aid, never failed to point out the dangers of the absence of capital, and the necessity of good management constant checking of accounts, and harmony among the members, "whose aid," he said, "must be secured by an interest in the undertaking, which should rise and fall with the prosperity of the concern, over and above a fixed remuneration for his labour or his capital."

Mr. Hill was a man of much literary taste and an omnivorous reader. Even at his busiest moments he was always well posted in current literature, whilst an excellent memory enabled him to retain to old age the books he had not read since youth. His power of work was much aided by an hereditary love of order and method, and he accomplished much in the many idle five minutes of life which come in our daily avocations, and which most people never think of utilizing. He had a great fund of good stories, and found that pleasure in telling them, which men experience in what they do well; but he never monopolized a conversation, and a pleasant courtesy made him always a delightful companion. He had much love of poetry, and possessed a large store of quotations, of which he made a sparing, but always telling, use in his public addresses. His fondness for the Latin poets never left him, and he knew his Virgil and Horace in a way that many university men would envy, who have not left college half a dozen years. Pope and Milton were his favourite English poets, and to hear him read the "Rape of the Lock," or the first canto of "Paradise Lost," was a great intellectual treat. He was not without keen appreciation of our later writers. He found much pleasure in most of the chiefs of modern poetic literature, though he confessed himself more puzzled than by the works of Robert Browning. he in other matters too much a temporis acti. The growth of intellectual freedom was always a subject of pleasure to him, and the increase of material prosperity a source of continual satisfaction. This is not to be wondered at in a man who went circuit in a postchaise, lived in streets dimly lighted with oil, and paid a shilling for every letter he wrote; who had heard high railway speed proved impossible, and who was told by the first electrician in France that the electric telegraph must fail, because the current would die away before it had gone a mile along the wire; who remembered the imprisonment of Sir Francis Burdett, for censuring the con

delighted

Nor was laudator

duct of the yeomanry at the massacre of Peterloo, and who sat in a Parliament that contained zealous advocates of the system of slave labour.

Our task is now concluded. We will not attempt to depict Mr. Hill's character in a series of set phrases. His life speaks for itself, and the work he leaves behind is more eloquent than any panegyric. He himself despised perorations, and used to say that the British public was like the British jury, and would always give the verdict to the best facts, and not to the finest words. Our facts, we take it, are of the best, and we will follow the advice of him who has left us, and not encumber them with any idle fringe of empty words. A great and good man has gone from us; what could we say more?

COMPULSORY EDUCATION.-Orders of Her Majesty in Council are published in the Gazette, sanctioning bye-laws for the compulsory attend. ance of children at school, with the approval of the Education Department, by the School Boards of Yeovil, Caterham (Surrey), Menwith-with- Darley (Yorkshire), Gateshead, Dearham (Cumberland), Ross (Hereford), Boughton Monchelsea (Kent).

CORRESPONDENCE OF THE

PROFESSION.

NOTE. This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it.

THE LONDON BANKRUPTCY COURT.-In common courtesy to professional gentlemen having occasion to practise in the London Bankruptcy Court I trust you will publish this letter. We are in the Long Vacation. During the Long Vacation the London Bankruptcy Court is understood to, and I believe does, close at two p.m. Now, let us say you desire to issue a debtor summons; you prepare your papers, and proceed to Basinghallstreet; you enter the room where the registrar sits, at twelve minutes to two p.m. precisely; you affix all necessary stamps and lay the papers before the registrar's clerk, the registrar not being in the room; the clerk glances at your papers and hands them back to you. You ask if anything is wrong. He points to the clock. Ten minutes to two o'clock precisely. "We don't take any business of this sort after a quarter to two o'clock," he kindly explains. A registrar, even of the London Bankruptcy Court, is after all but human, and, like mortals, he requires such vulgar necessities as luncheon, and an occasional gossip with his friends. Perhaps on special occasions he is anxious to catch a particular train, and although his services are paid for by the country at a rate which disagreeable people might term extravagant, I am sure the Profession does not grudge him the odd fifteen minutes which he appears to appropriate from the public time. But due notice ought to be given of the fact that business ceases at a quarter to two o'clock, instead of at two, as is generally understood. Since the abolition of imprisonment for debt the process of the Bankruptcy Court has risen in importance, and the odd quarter of an hour taken from the time wherein a solicitor may apply for a debtor summons may make all the difference in the world to a creditor seeking to recover his money.

meaner

J. E. A.

NOTES AND QUERIES ON POINTS OF PRACTICE.

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.

68. INTERMEDIATE EXAMINATION.-I was articled in

July 1871, for three years, having graduated at Cambridge, when can I enter for my intermediate, and what is the best work on bookkeeping to read for that examination? CANTAB.

69. COMMON-PLACE BOOKS.-Would any law student studying for the examinations kindly inform me whether he uses a Common-place Book, and, if so, if he finds it helps him in his studies. I have read many articles concerning Common-place Books and would like to know the opinions of some of the readers of the J. A. T. LAW TIMES.

70. EXECUTOR-INTEREST.-A female on her marriage was possessed of several large sums of money, which, by marriage settlement were settled upon her with power to dispose of them by will. She executed a will bequeathing part to her relations, and, in one instance, the interest of £200 to her brother during his life, and the remainder she bequeathed to her husband, whom she appointed executor, and who duly proved the will. conveniently may be after her decease. The husband She directed the legacies "should be paid as soon as refused to pay the legacies until the expiration of twelve months after the decease, and then refused to pay the interest to the brother or to any of the legatees. He admits that a sum of money from which the legacies

and the interest to the brother were to be paid had

been invested by the wife in her lifetime, and that he had received interest thereon since her decease. There were no private debts of the wife to be discharged. Would any of your readers kindly inform me whether the brother is entitled to the interest of the £200 from

the decease of the testator, and whether any of the legatees are entitled, and, if so, from what time? References will oblige. R.

71. SANITARY ACTS.-I should be glad of your opinion or that of some of your readers, on the following point, namely: Who is liable to pay the costs of medical attendance, food, and nursing in hospitals provided by local nuisance authorities. Sect. 37 of the Sanitary Act, 1866, authorises such authorities to provide hospitals. Sect. 26 authorises the compulsory removal to a hospital, when one is provided, of persons suffering from contagious diseases, upon a certificate of a medical practitioner and the order of a justice, provided such person is either without proper lodging or lodged in a room occupied by more than one family, or on ship board. In addition to these standing enactments there are in force in seaports, orders of Council as to cholera patients arriving from infected ports. Presuming a hospital to be provided under the above named 37th section, what is the law and practice as to payment for attend thereat in the cases: First, of destitute inhali secondly, of those with friends able to pay; ti saemen. It is very difficult to define where th

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72. INNS OF COURT.-Law students, previously to entering their names on the books of one of the Inus of Court, are often desirous of some assistance in the selection of a particular society. It would be of great advantage to me if any of your correspondents would be kind enough to furnish me with information about the comparative merits of the Inner and Middle Tem

of conveying parties make no difference, The duty will, therefore, be only 10s. per cent. on the whole purchase money. K. T. A.

LAW SOCIETIES.

AMENDMENT OF THE LAW SOCIETY. JURIES.

ples. Particulars with regard to the following points, The following is the Report of the Special Com. Jury men are altered so far as to prevent men being

among others, would be very acceptable: The expenses of call at each; is either adapted for any particular branch of the Profession? do university men draw to

mittee on Trial by Jury on the " Bill to amend the Law relating to Juries."

one more than the other? the relative general standing YOUR committee originally appointed to consider
and prestige; also the celebrity from former members;
the approximate number attached to each; any other
advantages connected with either. If any correspond.
ent would give me the names of any Guides to the Bar
(other than Warren's) I should be additionaly obliged.
B. A.

73. STAMPS ON AGREEMENTS FOR TENANCIES.-What is the law (and the practice) as to stamp duty on agreements (not being leases under seal,) for tenancy? It is clear that ad valorem duty is payable on leases of over three years, and that agreements for leases are equally liable. On the other hand a viva voce agreemeat for a tenancy from year to year is effectual, and, of course, without any duty. If the latter be reduced into writing, what duty attaches? It is neither a lease, nor an agreement for a lease, but, rather an agreement in lieu of a lease? INQUIRER.

74. ADMINISTRATION.-A banking firm possessed of certain leasehold houses for the remainder of a term of ninety-nine years, put the same up for sale by auction. A. becomes the purchaser of one house, but being unable to pay the whole of the purchase money, the bank allow a large sum to remain on the security of a mere deposit of deeds without any written memorandum. A. dies suddenly, shortly after, having reduced the amount by a few small instalments. He leaves a widow and one son. The widow refuses to take out administration, as also does the son, and the former has gone to America. The bank wish to avoid the trouble of administering the whole estate. Will you or some of your readers, kindly inform me if there is any way whereby the bank may realise their security without the trouble and expense which would be incurred in taking out administration; or if a suit in Chancery were instituted, (which is the only method I know of besides) who would be the proper person to make a defendant? B.

Answers.

(Q. 37.) Dogs.-In Walter v. Montague (1 Curteis, 261) it was stated, that neither rector nor churchwardens can make a new path, or churchway, without a faculty from the Ecclesiastical Court, the churchyard being

consecrated ground; it would not sanction alterations,

however useful or convenient, unless the rector's consent had been obtained; or, at least, asked. The

churchwardens were condemned in costs and admonished. They are bound to see the footpaths and

fences in proper order: (1 Curteis, 621; see also Canon, 85). A man may prescribe to have a right of way through the church or churchyard: (see Rolle's Abr. 265). It appears clear that a dog or any animal in the churchyard, not belonging to the parson, would be a trespasser, and liable as such. But, while in the path, it might be decided otherwise, at least, if with its owner. Although not liable to be impounded as cattle, dogs might be held to be "other beasts;" and therefore, at liberty "to pass and repass." &c., "in, along, and over" the path, &c.: (see Prideaux Conv., vol. 1, 6th edit., Precedent 86).

C. C.

(Q. 52.) STAMP.-Alderson, B., stated, see Phillips v.

Morrison (8 Jur. 343); Wilmot v. Wilkinson (6 B. & C. 507), to require an ad valorem stamp, the instrument must be a conveyance, the rule in construing a Stamp Act is, that to raise a valid objection to a document for want of a stamp, you must hit the bird in the eye. In the case suggested by C. B. A., the ad valorem stamp seems necessary, but not an additional stamp; with respect to the indemnity, as the covenant is not by a separate deed, under 13 & 14 Vict. c. 97: (See Bythewood, Precedents, &c., 3rd edit., vol. 9, Supplement); also (Prideaux on Conv. 6th edit. p. 184), where it is the ad valorem stamp necessary, and that a separate deed of covenant to produce deeds, requires a deed stamp of 35s., now 10s. (by Stat. 33 & 34 Vict. c. 97).

stated that there must be a sale of property, to render

C. C.

With regard to the question put by "C. B. A.," in the LAW TIMES of 20th ult., the following information seems applicable, especially if the conveyance he refers to was executed and dated before 1871. By deed dated in 1870, a vendor conveyed land possibly liable to a rentebarge, in common with other land of the vendor not sold, but which rentcharge was clearly payable out of such other land. The vendor covenanted against incumbrances, including this rentcharge and other liabilities, and to indemnify the purchaser therefrom, and the purchaser covenanted to indemnify the vendor against certain other liabilities. By reason of these indemnities, and especially with reference to the fact that they affected other lands of the vendor, the conveyance, after being stamped with ad valorem duty on the consideration money only, was submitted to the Commissioners for adjudication, and they determined,

in 1871, that it was sufficiently stamped.

TRIBUTE MONEY.

(Q. 63.) DESCENT.-Paul having acquired both properties in fee becomes the root of the title. He dying

a proposal of the chairman, "for Amending the Law affecting Juries and Jurymen, "made their first report in 1867, when a Select Committee of the House of Commons was appointed, on the motion of Lord Enfield, to inquire into the subject; and another Select Committee being now appointed, your committee have again met, to aid if possible in the inquiry.

no

The chairman's proposal drew attention to the changes from time to time effected by the law in our system of trial by jury, which has so gradually grown into the existing institution, from an embryo presenting the appearance merely of rude inquest on the spot, by neighbours personally conversant with the parties and the matters in controversy; further guarantee for impartiality being provided than that supplied by the wide discretion in the selection intrusted to the sheriff and his officers, and by the proceedings in attaint for a false verdict always held in terrorem over the To check the abuses which have crept jury-box. into our system in the course of this transition, it was proposed materially to extend the range of legal qualification of jurymen, and to introduce a proper system of registration, assimilated to that now in force in the case of Parliamentary electors.

100l. a year, or farms at 300l. a year. This Act abolished the distinction as to qualification in Wales, and removed the disabilities of aliens domiciled in England ten years; and the jury list is directed to be weeded of persons convicted of treason or felony, or infamous criminals, and outlaws. The duty of making out the lists is left to the overseers, and of revision to the justices at petty sessions. The regulations as to summoning summoned on any but the grand jury more than once a year. The sheriff is empowered to regulate the days and hours of attendance of the jury, and jurymen in civil cases are directed to be remu. nerated-special jurymen at the rate of one guinea a day for attendance, and common jurymen at 10s. a day; and then the comfort of jurymen is provided for by their being allowed necessary refreshment, and the use of fire and candle. The schedule contains a long list of exemptions, greater even than those allowed by the 6 Geo. 4.

The complaints under the new law, both by jurymen and the Legal Profession, seem to have been at least as loud and as frequent as under the old system. The provision for remunerating common jurymen was repealed as soon as Parlia ment met in the ensuing session (34 Vict. c. 2); and the Bill brought in this session by the Attorney. General proposes to consolidate and amend the law, and its provisions may be summed up as follows: the qualification prescribed for common jurymen is freehold property at £15 a year; leasehold at 301. a year; or occupation of a house rated at £50, or of the value of £60 in large towns, or rated at £30 a year, or of the value of £36 a year elsewhere; the qualification proposed for special jurymen being simply double that for a common juryman.

Property qualifications are prescribed both for special jurymen and common jurymen. In the As the law now aims at bringing into the jury- case of the former, the qualification little differs box not the mere good men of the neighbourhood from that furnished by the Act of 1870. In the acting on their own personal knowledge or belief, case of common jurymen, the property qualifica but those who can be regarded as free from local tion is fixed at exactly half that provided for and personal bias of any kind, the necessity of special jurymen: exceptional provisions are made system in the registration becomes more apparent, for the case of the City of London. The legal exand the obligation to take his turn in performing emptions from service are rather extended than the duties of jury man is recognised as attaching reduced, and the disqualification of offenders emto all the Queen's subjects, under certain restric-braces not merely traitors and felons, but all tious based on general convenience. criminal convicts, outlaws, and persons who have been twice bankrupt or insolvent.

It was pointed out to your committee in 1867, that after so much patching of the law, the class it prescribed for the jury-box had for the most part come to embrace only a very limited number of freeholders, leaseholders, and householderspractically, in the majority of cases, small farmers and retail shopkeepers; whilst it excluded the much larger body of men of greater substance, intelligence, and general aptitude; and the provisions of the law were so loose, and the abuses so frequent, as in a great degree to weaken public

confidence in the institution.

Your committee recommended, that the law as to the qualification of jurymen should be so amended as to include in the jury-lists the large number of fit persons excluded under the existing law; weeding from the lists all persons convicted of crime, fraud, bribery, or corruption; and that the machinery for making out, publishing, and completing the jury-lists should be assimilated to that by law prescribed in the registration of voters, with certain improvements, in order to disclose in every case the actual social position, trade, or calling of the juryman; that a reasonable allowance should be made, at the public cost, to each juryman for his loss of time and expenses of attending the litigants in civil suits being made to contribute to the fund provided for this purpose; that many amendments should be made in the rules as to special juries; and that a proper rota of service should be observed.

The Select Committee in 1867, called for this report of your committee, and recommended, in accordance with some of its suggestions, a more careful preparation of the lists by the overseers, payment being made to them for their loss of time, and penalties imposed for their negligence; the lists, both of special and common jurymen to be revised by the boards of guardians before being submitted for allowance. The Select Committee also recommended uniformity in the practice as to special juries, a proper rota of service in all cases, and a proper system of remuneration of jurymen for their attendance, and better accommodation provided for them when attending the courts. Two years after this report, the Legislature passed the 33 & 34 Vict. c. 77, which came into

force on the 2nd Nov. 1870.

This Act left the qualification for common jury. men as provided by the 6 Geo. 4 c. 50, viz., the possession of 10l. a year in freehold property, or 201. in leasehold; but adds to the number of persons qualified as special jurymen. The 6 Geo. 4. c. 50, limited the selection to those who are daughter take their mother's share by representation. esquires, or persons of higher degree, bankers or

intestate and without issue the descent is traced back to his father John. John's heirs then, are all his daughters, as coparceners, and the descendants of each

The proposed machinery for making out the lists is, as before, by means of the overseers and the justices at petty sessions; and the lists being afterwards formed, by means of the clerk of the peace and the sheriff, into the jurors' book, except directed to consist of the vestry clerks, the Sec in the City of London, where the official staff is ondary, the Court of Aldermen, &c. There are various provisions for amending the law as to unanimity, the reduction of the number of jury. men, the admixture of special and common jurymen, and the rules as to payment; and the Bill contains also other provisions which it is rather beyond the province of your committee to deal with.

Your committee having again considered the whole subject; the evidence taken by them in 1867; their recommendations founded thereon; the report of the Select Committee of the House of Commons, and the Act of 1870, and the various Bills since laid before Parliament, see no reason to doubt that the jurors' book ought to contain the names of a very much larger number of edu cated persons possessed of property than it does at present; that by assimilating as far as possible the machinery for making out and revising the jury lists to that of making out the voters' lists, and a proper system of printing, the double object would be at once attained of preventing irregu larity and malpractice in the registration of those ing the cost of making up the jurors' book, who are qualified and liable to serve, and diminishaffording the readiest and most economical means of securing an unobjectionable jury panel, and a due rota of service, putting an end to the unfair evasions, exemptions, and malpractices at present

tolerated.

report as to the question of unanimity or the reYour committee are not now in a position to duction of the number of jurymen on trials, civil or criminal, but recommend :

(1.) That the qualification for special and com. mon jurymen, and the practice as to making out and revising the jury lists, should be uniform throughout England and Wales, without excepting the City of London or County of Middlesex.

(2.) That the jury lists in every parish should contain the names, rank or social position, trade or business, of all persons carrying on business, or residing within the parish, being occupiers of a dwelling-house at £30 a year, or other premises rated at £50 a year, or possessed of a clear fixed income of £100 a year, from property, real or

personal. К. Т. А.

(Q. 65.) CONVEYANCING.-The stamp duty on a conveyance is ad, val, on the purchase money. The number

merchants; and the 33 & 34 Vict. c. 77, includes the occupiers of dwelling-houses rated at 100l. a year in large towns, or 50l. a year elsewhere; and occupiers of premises not being farms rated at

(3.) That in every case where the person so qualified is an esquire or person of higher degree, or a banker or merchant, or owner of a fixed

income from property of £500 a year, or occupier of a farm at £500 a year, or of a dwelling-house or other premises at £200 a year, he shall be desig. nated in the said list as of the first class; and if he shall have an inferior qualification, he shall be designated as of the second class.

(4.) That the overseers shall be entitled to call for returns from each householder of all the male persons residing or lodging in his house so qualified, and shall give notices as to returns, claims of exemption, and objections, &c., and make out the jury lists under regulations corresponding in point of times with the regulations as to the registration of voters; the overseers to be paid for their trouble, and be liable for negligence.

(5.) That the lists shall be revised by the revising barrister, with full power to deal with all questions of qualification, disability, exemption,

&c., and to add omitted names to the list.

(6.) That the lists when so revised shall be printed and form the register of jurymen or jurors' book for the year ensuing; and copies or extracts from the said register or jurors book shall be supplied at a fixed cost.

(7.) That the jury panels shall consist of portions of such register containing the required number of jurymen in their order on the said register, whether of the first or second class, unless other wise directed by judge's order.

(8.) That in every case, civil or criminal, the court or judge may order a special jury, composed wholly of persons of the first class of jurymen, selected in any special mode to be directed. (9.) That every juryman shall be paid at the public cost for his attendance by the day: £1 per day if belonging to the first class; 10s. per day if belonging to the second class; and that on the trial of every civil suit by jury the suitor shall pay into court the sum of 5s. per juryman in ordinary cases, and £1 in the case of a special jury.

ALEX. PULLING, Chairman. Law Amendment Society, 1, Adam Street, Adelphi, June 12, 1872.

LEGAL OBITUARY.

J. CLEARY, ESQ.

THE late John Cleary, Esq., solicitor, who died on the 12th June on board the steamship Yeddo, on his homeward passage, in the forty-first year of his age, was the son of the late J. Cleary, Esq., of Ashbourne, near Limerick, by Catherine his wife. He was born in the year 1831, and was admitted a solicitor in Trinity Term 1866. The deceased gentleman, who was a member of the Incorporated Law Society of Ireland, had resided for some time in Bombay.

BARON HUGHES. THE late Hon. Henry George Hughes, of Aughnacliff, in the county of Longford, third baron of the Irish Exchequer, who died at his residence in Monkstown, county Dublin, on the 22nd ult., in the sixtieth year of his age, was a son of the late James Hughes, Esq., solicitor, of Dublin, by Margaret, daughter of Trevor Morton, Esq., and was born in Dublin in the year 1812. He was educated at Trinity College, Dublin, and was called to the Irish Bar in Michaelmas Term 1834. He was appointed a Queen's Counsel in 1844, and was for many years a Bencher of King's Inn, Dublin. He was appointed a Commissioner of Lunacy in Ireland in 1846, a Commissioner of the Board of Bequests in 1853, Commissioner of Endowed Schools in 1854, and third Baron of the Court of Exchequer in Ireland in 1859. The deceased gentleman, who was a liberal in politics, and is described in the Parliamentary Companion as being "in favour of free trade and tenant-ight in Ireland," was an unsuccessful candidate for the representation of county Cavan in April 1855, but was returned unopposed as member for the county of Longford in May of the following year, upon a vacancy occurring through the death of Mr. Fox. He held the Solicitor-Generalship for Ireland from October 1850 till December 1852, and he again held the same post for a short time in 1853. The late judge, who was highly respected, was the author of "Practice of the Court of Chancery in Ireland." He was a magistrate for the counties of Cavan and Longford, and married in 1835 Sarah Augusta, daughter of Francis L'Estrange, Esq., Captain in the 3rd Regiment of Buffs.

W. OWEN, ESQ.

THE late William Owen, Esq., solicitor, of Wem, Shropshire, who died on the 13th May, in the 72nd year of his age, was the eldest son of the late William Owen, Esq., of the same town. He was born at Wem in the year 1800, and educated at the Grammar School of his native town. He served his articles of clerkship under the late Mr Jonathan Nickson, solicitor, of the same place, and was in due course admitted a solicitor in Hilary Term 1830. Mr Owen was appointed the

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circuit and the Worcestershire session, which he

THE GAZETTES.

Bankrupts.

Gazette, Aug. 9.

To surrender in the Country. CHADWICK, WILLIAM, bookkeeper, Liverpool. Pet. Aug. 6. Reg. Watson. Sur. Aug. 21 NORFOR. HENRY JAMES, builder, Great Yarmouth. Pet. Aug. 5. Dep.-Reg. Diver. Sur. Aug. 26 ROTHWELL, JOHN, victualler, Liverpool. Pet. Aug. 6. Reg. Watson. Sur. Aug. 22

TOMLINSON, JOHN THOMAS, grocer, Rugby. Pet. Aug. 6. Reg.
Kirby. Sur. Aug. 28

WHITE, THOMAS LINNEY, gentleman, Leybourn. Pet. Aug. 6.
Reg. Jefferson, Sur. Aug. 21
YELLAND, ALMOND, ironmonger, St. Austell. Pet. Aug. 7. Reg.
Chilcott. Sur. Aug. 21

Gazette, Aug. 13.

To surrender at the Bankrupts' Court, Basinghall-street. COLEMAN, WILLIAM JUBY, beer fininga manufacturer, St. Maryat-Hill. Pet. Aug. 10. Rez. Roche. Sur, Aug. 28 GOULDSMITH, MARY ELIZABETH, and GOULDSMITH, FREDERICK SAMUEL, dyers, Pont-st, Belgrave.sq. Pet. Aug. 8. Reg.

Roche. Sur. Aug. 27

HUMPHRIES, DOULEY THOMAS, out of business, Upper Norwood. Pet. Aug. 10. Reg. Roche. Sur. Aug. 23

Pet. Aug. 9. Reg. Murray. Sur. Aug, 27
To surrender in the Country.
ASHER, JOHN, innkeeper, Bulford. Pet. Aug. 9. Reg. Wilson.
Sur. Aug. 23
BEALE, EDMUND, farmer, Overton. Pet. Aug. 8. Reg. Thorn.
dike. Sur. Sept. 4
CUNNINGHAM, JOHN, gentleman, Plymouth. Pet. Aug. 10. Reg.
Pearce. Sur. Aug. 28

HUNT, THOMAS, bookseller, Sheffleld. Pet. Aug. 7. Reg. Rodgers.
Sur. Aug. 23
LECOMBER, MARIA, beerhouse keeper, Ramhill. Pet. Aug. 12.
Reg. Watson. Sur. Aug. 24
ROBERTSON, JOHN WYLIE, licensed victualler, Liverpool. Pet.
Aug. 8. Reg. Watson. Sur. Aug 26

SIMMONS, THOMAS, builder, Newhaven. Pet. Aug. 8. Dep.-Reg.
Blaker. Sur. Aug. 23
WHEATSTONE, RICHARD, out of business, Fownhope. Pet. Aug.9.
Reg. Reynolds, Sur. Aug. 30

BANKRUPTCIES ANNULLED.

Gazette, Aug. 6.

RYMAN, WILLIAM, general shop keeper, Steeple Aston. Oct. 22, 1860

Gazette, Aug. 9. DARLING, JOHN, grocer, Scarborough. Feb. 7, 1872 HODGES, SAMUEL: EDWARDS, THOMAS: and HODGES, SAMUEL

HORATIO, bootmakers, Bristol. March 11 and 15, 1870 JONES, JOHN JORDAN, auctioneer, Khydygof. July 17, 1872

Liquidations by Arrangement.

FIRST MEETINGS.

Gazette, Aug. 9.

st, Clerkenwell; Aug. 22, at three, at office of Lawrance, Piews, Boyer, and Baker, 14, Old Jewry-chmbs. Sols., Bailey and Child, Sloane-st ARMSTRONG, JAMES GREEN, bookseller, Newmarket; Aug. 22, at eleven, at office of Sol., Williams, Lincoln

watchmaker, Nottingnam; Auz. 16, at twelve, at the George hotel, Nottingnam. Sol., Everall

BLAKE, HERBERT, grocer, Great Torrington: Aug. 23, at twelve, at offices of J. A. Thorn, solicitor, Cros-t. Barnstaple. Sol, Tapley, Great Torrington

at office of Sol., Clifton, Bristol

BOULT, HENRY, out of business, Bristol; Aug. 17, at twelve, BRAY, JAMES, baker, Keynshim; Aug. 19, at twelve, at offices of

THE late Sir Henry Edward Francis Lambert, Bart., barrister-at-law, who died at great Malvern late Sir Henry John Lambert, the fifth baronet, on the 15th June last, was the eldest son of the the late Hon. Edward Foley, M.P., and grand- MCCOY, JAMES, wine merchant, Railway-approach, Southwark. by his wife Anna Maria, the younger daughter of daughter of the first Lord Foley. The family sprung from Sir John Lambert, who was created a baronet in 1710-11, for upholding the public of money. Sir Henry Lambert was born on the credit by supplying the Treasury with large sums 7th June 1822, and was educated at Eton, and at Balliol College, Oxford, where he took his B.A. degree in 1843, and graduated M.A. in 1847. He was called to the Bar by the Society of the Inner Temple in the latter year, and joined the Oxford regularly attended for about two years, when he became a member of the magistracy of Oxfordin that county. During the next ten or twelve shire, the family seat being then at Aston Rowart, years he took an active part in magisterial In 1859, being then heir-presumptive duties. to the Malvern estates of Lady Emily Foley, he purchased the present family residence at Great Malvern, where he went to reside in that year. He subsequently became a magistrate for Worcestershire and Herefordshire, and a deputylieutenant of the former county. His influence in public matters at Malvern soon began to be felt. He was a regular attendant at the petty sessions ARCHBUTT, THOMAS, timber merchant, Acton-st, and Tarnmillfor the district, and after the death of the present Earl Beauchamp's father in 1863, he was appointed chairman of the bench. He was well versed in procedure of a magistrate's court. He exercised criminal law, and was acquainted with the whole BANMANN, HENRY CHARLES, (omitted in Gazette of 2nd inst.,) and would at once correct the slightest error great watchfulness over the practice of the court, which he might discover. He was very firm in the administration of justice, and was especially character, by which means he almost entirely severe upon those offenders of notoriously bad suppressed vagrancy in the district. being intimately acquainted with criminal enact ments, Sir Henry had a very fair knowledge of general law; he procured the latest editions of law books and reports, and most carefully studied them. The inhabitants, and especially the poorer classes, flocked to him for advice, which he readily accorded. Chiefly through his influence and advocacy the town of Malvern adopted the Local Government Act of 1858, by which means a better water supply was obtained, and the gasworks brought into an efficient state. Besides presiding over the deliberations of the Malvern Local Board, he was chairman of the Upton-on-Severn Board of Guardians, of the Assessment Committee, and (for a considerable time) of the Highway Board. Sir Henry was also one of the most active of county magistrates. His legal acumen, administrative faculties, and the great application he evinced in the discharge of his public duties, recommended him to the court of quarter sessions for appointment as one of the vice-chairmen, a position which he occupied for several years with distinguished ability. As chairman of the visiting justices, he zealously applied himself to the efficient management of the county prison. He also rendered valuable service on the asylum committee and police committee. He likewise assisted in the administration of the Worcester Infirmary and other charitable institutions. ceeded to the baronetcy on the death of his father, which took place on the 17th Dec. 1858; and he married, on the 11th April 1860, Eliza Catherine, second daughter of the late Lionel Charles Hervey, Esq., by which lady he has left a numerous family. He is succeeded, as seventh baronet, by his eldest son, now Sir Henry Foley Lambert, who was born on the 21st Jan. 1861.

Besides

Sir Henry suc

Sol., Clifton, Bristol

BRIGHT, CHARLES, ironmonger, Swansea; Aug 21; at eleven, at offices of Barnard, Thomas, Cawker, and Co., Temple-st, Swansea. Sol., Field, Swansea

BROGDEN, THOMAS, journeyman mason, Ilkley; Aug. 30, at two, at office of Sol., Harle, Leeds

CHAPPLE, JONATHAN, baker, Gloucester; Aug. 17, at eleven, at office of Soi., Essery, Bristol

COOP, HENRY, and NEWBOLD, RALPH TAYLOR, paper manufacturers, Heapbridge, near Bury; Aug. 23, at three, at the Albion hotel, Manchester. Sols., Sale, Shipman and Sedaon, Manchester

DANGERFIELD, BENJAMIN, tube manufacturer, Tipton; Aug. 15,

at one, at the Queen's Red hotel. Birmingham. Suls., Griffin, Firmingham, Rankin and Hollier, West Bromwich DARLASTON, THOMAS, button manufacturer, Birmingham; Aug. 17, at twelve, at office of Sol., Kennedy, Birmingham DEAN, JOHN AUGUSTUS, grocer, Nottingham; Aug. 26, at twelve, at office of Sol., Shelton, Nottingham

DUNN, JAMES, painter, Altrinchain; Aug. 22, at three, at office of DUTTSON, WALTER ROSEBROOK, out of business, Richmond; Aug. 17, at ten, at the Chamber of Commerce, 145, Cheapside. Sols., Harcourt and Macarthur, Moorgate-st FIELDING, ROBERT, auctioneer, Manchester; Aug. 23, at nine, at office of Sol., Thompson, Manchester FREEMAN, HENRY, timber broker, Richmond; Aug. 27, at two, at offices of Sols., Wooton and Son, Finsbury-circus GA 18, JOHN, and HUMF, ARTHUR SEPTIMUS, corn millers, Middlesborough; Aug. 22, at twelve, at offices of Sol., Stevenson, Darlington. Sols., Messrs. Jowell, Newcastle GOLDS, GEORGE, and GOLDS, EDWARD, butchers, Tavistockcrescent, Westbourne-pk, and Church-st, Camberwell; Aug. 17, at one, at office of Sol., Allen, Brunswick.sq GRASSE, ANGELIQUE MARIA, milliner, Bristol; Aug. 22. at twelve. at office of Hancock, Triggs, and Co., accountants, Bristol. Sols, Benson and Elletson, Bristol HARRIS, EDWIN, tailor, Surbiton; Aug. 22, at twelve, at offices of the London Warehousemen's Association, Gutter-la, Cheapside. Sol., Best, Queen-st, Cheapside, and Kingston HAYWARD, JAMES, Union Iron-wharf, Fore-st, Limehouse; Aug. 24, at one, at office of Dubois, accountant, Gresham-bidgs, Basinghall-st. Sol., Dubois, King-st, Cheapside HESLOP, LEONARD, cheesemonger, Dockhead, Bermondsey; Aug.

Sols., Almond and Bennett, Manchester

27, at two, at office of Sols., Carter and Bell, Leadenhall-st HILL, ABRAHAM, cabinet maker, Rochdale; Aug. 23, at three, at office of Sol., Holland, Rochdale

HIPKISS, WILLIAM, and HIPKISS, STEPHEN, garden tool manufacturers, Birmingham; Aug 23, at three, at office of Sol., Pointon Birmingham

ISLEY, EMMA, schoolmistress, Redclyffe, Woodlands-rd, Redhill; Aug. 22, at two, at the Warwick Arms, Redhill. Sol., Lydall, Southampton-bldgs, Chancery-la JENNINGS, WILLIAM, jun., and JENNINGS, RICHARD TILDESLEY, boot manufacturers, Stafford; Aug. 23, at eleven, at office of Sol, Hand, Stafford JERRARD, JAMES THURGAR, photographer, Portland-ter, Holland-rd, Brixton; Aug. 22, at three, at the Bridge House hotel, London-bridge, Southwark. Sols., Few and Cole, Borough High-st, Southwark

JONES, EDWARD, timber merchant, Chester; Aug. 28, at three, at office of Sols., Bridgman, Weaver, and Jones, Chester JONES, WILLIAM HOPE, Esq., Hooton; Aug. 24, at twelve, at office of Sols., Richardson, Jones, and Billson, Liverpool

PROMOTIONS & APPOINTMENTS LEGGE, BENJAMIN, tube manufacturer, Tipton: Aug. 15, at one,

N.B.-Announcements of promotions being in the nature of advertisements, are charged 2s. 6d. each, for which postage stamps should be inclosed.

MR. HENRY STEVENS, of Ferndale Lodge, Finchley, in the county of Middlesex, one of the firm of Messrs. Burt, Stevens, and Cave, of Gray's-innchambers, London, has been appointed by the Lord Chancellor, a Commissioner to administer Oaths in Chancery,

at the Queen's Head hotel. Birmingham. Sols., Griffin, Birmingham, and Rankin and Hollier, West Bromwich LEWIS, GEORGE, printer, Bristol; Aug. 17, at one, at offices of Sol., Clifton, Bristol

LOWE, MARY ELIZABETH, jeweller, Preston; Aug. 21, at two, at the Bull hotel, Preston. Sol, Edelston, Preston MADDERSON, THOMAS, engineer, Darlington; Aug. 22, at eleven, at office of Sols., Messrs. Allison and Willan, Darlington MAYBERY, EDWARD, forgeman, Wick, and Abson; Aug. 19, at one, at office of Sol., Peterson, Bristol MCEWEN, THOMAS, draper, Chorlton-upon-Medlock; Aug. 23, at three, at office of Sol., Addleshaw, Manchester MEGSON, JAMES, grocer, Rastrick; Aug. 21, at eleven, at office of Sol., Barber, Brighouse

MICHELL, JOSEPH, miner, Llanfihangel Croyddin; Aug. 14, at eleven, at office of Sols., Messrs. Hughes, Aberystwyth

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