some adjacent premises owned by him, is or are the resort of reputed thieves or bad characters. Forgery of a certificate is (sect. 44) punishable by £20 fine and perpetual disqualification from licence-holding. Half of any penalty may be given to the party grieved (sect. 46), under the direction of the court, and such proportion as it shall think fit may be awarded to common informers, subject to the provisions of modern statutes for repressing vexatious and frivolous informations. And, for the protection of pawnbrokers who endeavour to assist public justice by the detention of suspected persons or goods, power is given (sect. 55) to plead generally that any such grievance was committed in real or intended execution of the Act. The statute does not extend to Ireland, where the law permits a much higher rate of interest than is chargeable here, upon those "small pawns" which form the staple of the pawnbroker's business in a poor country, but with certain modifications as to procedure Scotland is included in its provisions.-Standard. THE LICENSING ACT (to the Editor of the Times).-Sir,-A most ludicrous, if not disastrous, blunder has occurred in the Intoxicating Liquor Licensing Act just passed with regard to the shutting of licensed houses in the metropolitan district on week days. In the 24th section the enactment as to the hours of closing on Sunday, Christmas-day, and Good Friday is right enough. All houses" shall be closed during the whole" of those days "before 1 of the clock in the afternoon, and between the hours of 3 and 6 of the clock in the afternoon, and after the hour of 11 of the clock at night." Then follows this:-" And on all other days before 5 of the clock on the following' morning." The word "following" had been in the Bill when the clause stood thus:-" And on all other days between 12 o'clock at night and 5 of the clock on the following morning." To improve this somewhat Hibernian phraseology, Mr. Bruce, in the last hours of legislation, succeeded in moving to strike out "between 12 o'clock at night and" and to substitute "before;" but unfortunately the "following was left standing, and now stands (as above quoted) in the Queen's Printers' edition of the Act just published more Hibernian than ever. Whether the metropolitan police magistrates and the Court of Queen's Bench will take upon themselves to treat the sentence as so unintelligible as to amount to a casus omissus, and so to allow the publicans to keep open all the twenty-four hours each week day, or will boldly strike out the word "following" as a clerical error and read the clause without it, will be a six months' wonder to all the publicans and lawyers. If it lead to a profound and much needed elucidation of the dividing line between the judicial and legislative powers, it will do good, even though the small hours of our metropolitan nights be made hideous by bacchanalian market gardeners during the interval.-TEMPLAR. 66 GRAND JURIES.-The rights of citizens cannot be too well guarded. The system which regulates the prosecution of a citizen for alleged crimes and misdemeanors-the grand jury system-while it is not over-cumbersome, affords sufficient guaranty against the useless and unfounded bringing to trial of alleged culprits. The grand jury acts as a governor" upon the movements of the machinery of criminal law, and checks any tendency toward excessive meddling into the acts of the citizen. And yet there is a disposition in some States to abolish the grand jury system on the ground of inutility; it being regarded as a useless and cumbersome appendage of the administration of justice. Two or three of the United States have actually abrogated the grand jury; and now from the walls of the Central Criminal Court of London, and from the mouths of the grand jurors themselves, there comes for the second time in eighteen months a protest against the continuance of the system. But we are not startled at this exhibition of dissatisfaction with a system which has worked well for two and a half centuries; because, if anybody is or ought to be dissatisfied with it, the grand jurors who do the sitting and the preliminary investigating are just the persons who would be likely to complain. It is probable therefore that their placing or record the opinion that they ought to be abolished will have but little weight with those who control the various systems for administering justice in England.-Albany Law Journal. a decrease of 3978. There are some curious most deterrent effects. CLOSING OF PUBLICHOUSES ON SUNDAYS.-In WILD BIRDS' PROTECTION.-The Act for the ECCLESIASTICAL LAW. NOTES OF NEW DECISIONS. CELEBRATING DIVINE SERVICE-COLLECTION OF ALMS-INTERFERENCE BY CHURCHWARDENS -RUBRICS-23 & 24 VICT. c. 32, s. 2.-The 23 & 24 Vict. c. 32, s. 2, enacts that any person who shall molest, let, disturb, vex, or trouble, or by any other lawful means disquiet or misuse any preacher duly authorised to preach therein, or any clergyman in holy orders ministering or celebrating any sacrament or any Divine Service, rite, or any churchyard or burial ground, shall, on conoffice in any cathedral, church, or chapel, or in viction, be liable to a penalty of not more than £5 for every such offence. The rubric to the Communion Service of the Church of England orders that "Whilst the sentences are in reading, the deacons, churchwardens, or other fit person appointed for that purpose shall receive the alms for the poor and other devotions of the people in a decent basin to be provided by the parish for that purpose, and reverently bring it to the priest, who shall humbly present and place it upon the holy table. During the reading of the sentences in the offertory, the rector and his curate collected the alms of the people at one end of the church, whilst the churchwardens were at the other. The churchwardens who objected to the rector collecting alms placed themselves in a menacing position across the central aisle so as to prevent the rector passing down the aisle, but they did not push or touch him, neither did he attempt to pass. Upon an information against the defendants the churchwardens under the 23 & 24 Vict. c. 32, s. 2, the PRISONS.-The report of Mr. T. Folliott Powell, magistrates dismissed the summons, but stated a inspector of prisons in the northern district of case for the opinion of the court. Held, that the Great Britain, compares the number of admissions magistrates were right in dismissing the case, for of criminal prisoners, in 1870 and 1871, to the the appellant was not at the time of the disturb. county and borough prisons of the district, which ance ministering or celebrating any Divine service, comprises Scotland and 14 counties of England-rite, or office, the collection of alms not being a viz., Lincolnshire and Staffordshire and the part of the service which the rubric enjoins the counties north of them. The number of admis- priest to celebrate: (Cope v. Barker, 26 L. T. Rep. sions to the prisons in that district of England N. S. 891. C. P.) fell from 75,234 in 1870 to 72,149 in 1871, a decrease of 3085; and the number in Scotland fell from 28,550 in 1870 to 27,657 in 1871, a decrease of 893. The total was 103,784 in 1870, and 99,806 in 1871, ECCLESIASTICAL DILAPIDATIONS.-An alteration of some importance has been made in the new Act to amend the Ecclesiastical Dilapidations' Act, 1871, with respect to fees to bishops' secretaries and others, on which complaints have been made. The Act alters the length of mortgage terms, and of the conditions of repayment of the advances. It then provides that it shall be lawful for the Archbishop of Canterbury, the Lord Chancellor, and the Archbishop of York, with the assistance of the two Vicars-General of the Archbishops, with the consent of the Treasury, at any time during the year 1873, to review the rates of the fees of the bishops' secretaries and registrars, and the rates of surveyors' charges for work done in pursuance of the Ecclesiastical Dilapidations Act, 1871, as fixed, or authorised to have been fixed, under the 10th section of the same Act for the various dioceses in England and Wales; and it is declared to be lawful for the archbishops and the other constituted authorities mentioned, to ordain and establish in lieu thereof one uniform table of fees and charges, to be binding throughout the whole of England and Wales, and that they shall have power from time to time to amend or alter such table of fees and charges. The new table, or amended table of fees, is to be submitted to the Privy Council before the same can be demanded, and the fees are to be dealt with by the Privy Council in accordance with the statutes in force in that respect. By the Act a benefice is not to be mortgaged for any of the purposes of the Acts recited to an amount exceeding in the whole three years of the net income of such benefice. REAL PROPERTY AND NOTES OF NEW DECISIONS. LIVES.-Devise to A. and the heirs of his body EJECTMENT COPYHOLDS - TENANT IN FEE ADMITTED-CLAIM BY LORD FOR ADMITTANCE OF TRUSTEES OF A TERM.-The customary tenant of copyhold lands devised them by his will, with other lands, both freehold and copyhold, to trustees for a term of 500 years, upon certain trusts, and subject to the said term, to his nephew, one of the defendants, his heirs, executors, and death, the lord of the manor, the plaintiff in this assigns absolutely. Shortly after the testator's action of ejectment, admitted the said defendant, then an infant, to hold to him, his heirs and assigns for ever, according to the purport and effect of the said will, and upon such admission received a full fine. The trustees refused, upon proclamation by the plaintiff, to come in as tenants for the term of years, and pay another fine, and the plaintiff thereupon brought this ejectment against the said defendant, the trustees, and the occupiers of the lands. Held, that the plaintiff was not entitled to another fine for the term of years, nor to bring this action: (Everingham v. Ivatt and others, 26 L. T. Rep. N. S. 909. Q. B.) LESSOR AND LESSEE-RIGHT OF WAY-TRES PASS-DESCRIPTION OF PARCELS IN A LEASE ABUTTALS-" BOUNDED ON THE E. AND N. BY nant to "kerb the causeways" was also conclusive to show that a way was to exist along the north and east fronts of the land demised: (Espley v. Wilkes, 26 L. T. Rep. N. S. 918. Ex.) COMPANY LAW. NOTES OF NEW DECISIONS. NUISANCE-WATER DRIPPING FROM A RAIL WAY BRIDGE-ORDER TO ABATE-18 & 19 VICT. c. 121, ss. 8, 12.-The appellants were ordered by justices at petty sessions under the Nuisances Removal Act for England 1855 (18 & 19 Vict. c. 121, s. 12), to abate a nuisance, consisting of a want of proper and sufficient means to prevent the percolation and overflow of water upon persons passing under or near a railway bridge, the premises of the appellants: Held, upon a case stated, that this Act applied only to nuisances, and matters in the nature of a nuisance, which were injurious to health, and that the justices had no power to make this order: (Great Western Railvay (apps.) v. Bishop (resp.), 26 L. T. Rep. N. S. 905. Q. B.). that discretion THE EUROPEAN ASSURANCE SOCIETY.-On Wednesday the Act to effect a settlement of the European Assurance Society and other companies, which received the Royal assent on the 25th ult., was issued. It contains 27 sections and a schedule of 40 assurance companies affected by the Act. After a long preamble, in which it is stated that grave questions have arisen, and it is apprehended will arise, between the European Society on the one hand and the several companies mentioned, it is declared that in the ordinary course of legisla. tion it would be impossible to obtain the assent of the creditors of the European Society and the other companies to any scheme of transfer or arrangement unless all the companies were in liquidation and all the creditors respectively had finally proved their debts. "And whereas it is desirable, for the purpose of transferring the said business or disposing of the goodwill thereof or arranging or finally winding-up the affairs of the European Society, should be placed in an arbitrator specially constituted for the purpose to determine the rights and settle the affairs of the European Society and of the said several other companies and their creditors, and it is expedient to give power to such arbitrator if he should think fit to settle a scheme for the reconstruction of the European Society, or for the transfer of the said business or the sale of the goodwill of the European Society, and to provide, so far as possible, for the satisfaction of its pending insurance liabilities in the natural course of maturing, and for the settlement of all matters and questions relating to the affairs of the said companies respectively as fully and effectually as could be done by Parliament." Lord Westbury is the appointed arbitrator, and is to be paid £3500 for his personal trouble. The matters referred to arbitration are set forth, and the duties and powers of the arbitrators defined, with the special powers conferred on him. All actions and further proceedings are stayed with general directions in all matters. The proceedings under the new Act will be, it is expected, analogous to those under the Albert Assurance Company, and Lord Westbury will appoint sittings, after the vacation, to proceed with the important matters arising in the European Assurance Society case. COUNTY COURTS. LEWES COUNTY COURT. (Before W. FURNER, Esq., Judge.) STONE v. TOTHILL. was now The hire-purchase system-Interpleader. In this cause, in which the creditor had taken out execution, an interpleader summons heard at the instance of Lewis Crawcour, an upholsterer and furniture dealer of London, who claimed a large quantity of furniture, of which the high bailiff of the court had taken possession, at Mr. Tothill's house, at Seaford, at the instance of the execution-creditor. Poynter, barrister, appeared on behalf of the interpleader claimant. H. J. Jones was for the execution-creditor. Poynter, in opening the case, said that the claimant, is an upholsterer of London, who had adopted the principle (for many years carried out by Messrs. Cramer and Co., with regard to pianofortes) of letting furniture on hire, with the option of purchasing under an agreement to purchase within a given period, but up to the time a certain amount had been paid, the goods remained the property of Mr. Crawcour. By an agreement, dated 13th May 1872, signed by Mrs. Tothill, in the presence of and with the sanction of her husband, who was unable to write himself, Mr. Crawcour supplied Mr. Tothill with furniture to the value of £87 13s., to furnish a lodging-house at Seaford. The agreement stated that £29 5s. 5d. was to be paid down, £14 12s. 3d. in August, and similar amounts in Nov., Feb., and May 1873, until the sum of £93 98. 3d. should have been paid, being the value of the furniture and interest at the rate of 5 per cent. on the outstanding instalments. In the event of non-payment of these sums on the days they became due, or in the event of the furniture being placed in jeopardy, the payments made would be forfeited and Mr. Crawcour would be at liberty to take possession and remove the goods, except one half had been paid, in which case the furniture might be sold, and the balance, after the debt had been satisfied, handed over to Mr. Tothill. The agreement, which Mr. Poynter read at length, expressly stated that the goods were only lent on hire, and that Mr. Crawcour would bear the loss or risk in case of fire. On the 26th June last a further agreement was made between Mr. Tothill himself (who had recovered) and Mr. Crawcour, by which the latter supplied another lot of furniture, amounting to £41 83. 3d., upon similar terms. Now, at the time the execution creditor put in execution at the house of Mr. Tothill all these goods actually be learned counsel) especially submitted to the court longed to the interpleader claimant, and he (the that the debtor was in the position of a bailee for hire, and had no right or title to the goods. He had paid very little, and therefore, the property under sect. 5 of the agreement, was distinctly vested in Crawcour. He further contended that the execution creditor could stand in no better position with regard to the goods than the debtor himself. The debtor himself could not have made out a title, and could not have sold the goods, or if he had, very probably criminal proceedings would have been taken against him. The question was simply whether the goods of a third party could be taken in execution; of course, a distraint for rent would attach, but nothing less these cases were constantly occurring in the onerous. It was rather singular that although metropolitan County Courts, there had been no direct decision bearing upon the question, but in the judgments of my Lords of the Queen's Bench in Cramer and others v. Mott, it was ruled inferthe third party, but that the landlord had the entially that the pianoforte was the property of right to distrain upon it for rent. His HONOUR said he was surprised there had been no decision. The only doubt in his mind was whether the debtor having paid a portion of the purchase-money the goods did not belong to him. Poynter remarked that Mr. Crawcour had had occasion to bring somewhat similar proceedings before his Honour's learned colleague at the Clerkenwell Court, who decided that the property was still vested in the third party by virtue of the agreement. H. J. Jones, on behalf of the execution-creditor, said that these goods were seized under the execution, being found on the premises of the debtor. The onus of showing that they did not belong to the debtor rested upon the claimant, and to do so he had produced a certain agreement, which, although it showed that the goods were supplied upon hire with the option of purchase, was in reality an agreement for sale. It was absurd to suppose that the sums mentioned in the agreeagreement-the whole value of the furniture-were to be paid for the hire; they were sums paid as part of the purchase-money. He then read sections of the Bills of Sale Act, and said that the agreement in question, skilfully drawn up as it was, was in order to defeat the provision of that Act. He contended that notwithstanding the agreement, the interpleader claimant had failed to make out the ownership of these goods. Poynter remarked that the goods never belonged to the debtor at all. They were sent down after the execution debt was contracted, and therefore it was on the faith of the possession of the goods in question that credit was given. His HONOUR said he had a strong opinion that it was a contract for sale and not for hire, and that the payments were made on account of the purchase-money. Suppose Tothill had sold the goods? Poynter. He would be criminally liable under the Bailee Act. His HONOUR.-But in what position would the purchaser be? Poynter. He would be liable in trover. His HONOUR said he was strongly of opinion that it was a sale and not a hiring, and he really thought it quite time that questions of this kind should be permanently settled, therefore he should decide against the interpleader, and give him an opportunity of going to the court above. It was becoming a serious question whether persons might let goods in this way. It was very desirable that the question should be settled, and as the claimant in the case was a man of sub. stance he could easily go to the court above. Notice of appeal might be given at once, and the grounds stated afterwards. He did not think it necessary to go into evidence, because the only question was upon the agreement. Jones said a question might rise as to whether a married woman could make an agreement, and therefore he wished Mr. Tothill to be examined. Mr. Francis Richard Tothill was then called and proved that Mr. Crawcour supplied the goods under the two agreements in May and June last, and that the debt with the execution-creditor was incurred before that time. Mrs. Tothill signed the first agreement with his knowledge and consent, because he had the gout in his hand and could not write. Mrs. Tothill is possessed of a separate estate in her own right of between £800 and £900 a year, derived from freehold warehouses and funded property invested in trustees. Cross-examined: The £93 9s. 3d. was to be paid by me out of what I got, and not by my wife. I have nothing whatever; but I was to pay it from my own income. The agreement was signed by my wife for me at Seaford. Mr. Crawcour was never informed, to my knowledge, that my wife had a separate income. They did not ask me as to my means, but my intention in the first place was to purchase. Mrs. Tothill signed the agreement as the agent of her husband. His HONOUR said there was little doubt that It was then arranged that the interpleader claimant should appeal to the court above, and that the goods should be handed over to him on depositing the value and costs in the hands of the court. SHREWSBURY COUNTY COURT. Tuesday, Aug. 6th. (Before J. W. SMITH, Esq., Q.C., Judge.) THE LATE MR. BLOXAM. HIS HONOUR, before commencing the business of the court, made the following remarks:-I have a few words to say before commencing the business of the day. A solemn event connected with this court has happened since I last sat. The high bailiff of this court, Mr. Henry Bloxam, a solicitor of long standing in Shrewsbury, has breathed his last. To me, and to many others, this must be a much confidence in him that they often proposed, of source of deep regret. The solicitors reposed so their own accord, that cases of account should be determined by him. This, of course, was a great relief to me, and it was most useful to the public, because it removed out of the way many cases that would have obstructed the general business of the court. I shall much miss his friendly greeting; and I shall greatly regret his loss. Not having the pleasure of knowing him in private life I am unable to speak of him from this point of view. I will, therefore, only quote the words of one of the oldest, most influential, and most respected inhabitants of this town, who, in writing to me the other day, used these expressions with regard to Mr. Bloxam:-" He was a right-intentioned man, and one who would never do anything which was unworthy of a gentleman in the best sense of the term." Mr. Craig said he could indorse every word that his Honour had said; and for himself, and on behalf of his brother practitioners, expressed the deep regret they felt at the loss of Mr. Bloxam. Mr. Cecil Peele also expressed the deep regret that all the officials of the court felt in the loss which had been sustained through the death of Mr. Bloxam. BANKRUPTCY LAW. NOTES OF NEW DECISIONS. BANKRUPTCY ACT 1869-BILLS OF SALE ACT (17 & 18 VICT. c. 36), s. 1.-A mortgagee, under an unregistered bill of sale, paying out an execution upon the goods of the mortgagor, who becomes bankrupt after the execution is levied, is only entitled, as against the trustee in bankruptcy of the mortgagor, to stand in the place of the execu tion-creditor, whose debt he has discharged, and is not entitled to tack his unregistered bill of sale to the amount of such debt: (Ex parte Mutton; Re Cole, 26 L. T. Rep. N. S. 916. C. P.) ACT OF BANKRUPTCY-ASSIGNMENT OF PARTNERSHIP PROPERTY TO SECURE PARTNERSHIP AND PRIVATE DEBTS-EFFECT OF BANKRUPTCY ON POWER OF ATTORNEY-PURCHASER FOR VALUE WITHOUT NOTICE.-It is a fraud upon the creditors of a partnership for a partner, who knows that his firm is insolvent, to transfer partnership assets to a creditor of his own, or to give a security over the partnership assets for his own private debt, or for future advances to be made to himself, and a deed giving such a security is invalid, and the execution of it is an act of bankruptcy. The fact that such a deed also gives security for partnership debts does not render it partially valid, but it is void in toto, for upon a question whether the execution of a particular deed is an act of bankruptcy, one part of the deed. cannot be separated from the rest. As a general LINCOLN COUNTY COURT. (Before JAMES STEPHENS, Esq., L.L.D., Judge.) following considerations: First, the rates, taxes, LEGAL NEWS. THE CASE OF CHARLES FIELD.-The Secretary of State for the Home Department having, upon the recommendation of the judge before whom the prisoner was tried, directed that an inquiry should be made by Dr. Orange, Superintendent of Broadmoor Criminal Lunatic Asylum, and Dr. M'Ewen, the medical officer of Chester Castle, as to the state of mind of Charles Field, and having received from them a report to the effect that the prisoner was at the time he destroyed his wife a person of unsound mind, and still continues so, has recommended that the capital sentence should not be inflicted in this case, and instructions have been issued to the authorities of Chester Castle accordingly. DEATH OF BARON RICHARDS.-From Dublin we learn the death of the Right Hon. John Richards, late a Baron of the Irish Exchequer, at the age of upwards of 80 years. The son of the late Mr. John Nunn Richards, of Hermitage, county Wexford, the late judge was born in 1790; he was educated at Trinity College, Dublin, where he took the usual degrees; he was called to the Irish Bar in 1811. Having held for some years a judgeship at Madras, he became Solicitor-General for Ireland in 1835, and succeeded the late Sir Michael O'Loghlen as Attorney-General in the following year. In 1837 he was raised to the Bench as a Baron of the Exchequer, and subsequently in 1849 was appointed Chief Commissioner under the Encumbered Estates Act. He returned to his former seat on the Judicial Bench in 1856, but finally retired from his public duties in 1859. SCENE IN A PRISON VAN.-Some convicts who ALLEGED INSANITY.-At the Judges' Chambers given for some pictures, and leave was given to appear and defend on the ground that the defendant when he gave the cheque was insane. The present application on the part of the plaintiff was to rescind the order made, and circumstances were stated to show that the party was sane. On the other side, a certificate of Sir W. Ferguson was referred to, showing that the defendant was a madman and under the care of two keepers. Master Hodgson said it was a case which should go before a jury, because if the defendant was insane when he gave the cheque he was not liable, as he could not contract a debt. He refused to rescind the order made for leave to appear. An application was then made on the part of the plaintiff that the case be tried before a County Court, but the master declined to submit the question of insanity to a County Court. Of the WORK OF THE SESSION. -In the session of 1872 the House of Commons had 240 public Bills before it. Of this number 116 became law-viz., 90 which were introduced into the House of Commons and 26 which were introduced into the House of Lords. The remaining 124 had the following fate:-109, introduced into the House of Commons, were not passed by that House; 8, brought from the Lords, were not passed by the Commons; 6, passed by the Commons, were not passed by the Lords; and 1, passed by both Houses, was laid aside by the Commons on consideration of the Lords' amendments. 116 Bills which received the Royal Assent, 87 were Government Bills and 29 were not. Of the 124 Bills which came before the House of Commons, but did not become law, 33 were Government Bills and 91 were not. With two exceptions, these 33 Government Bills are described in the list as withdrawn, the order for proceeding with them being discharged. The exceptions are the Thames Embankment Bill, the motion for going into committee (in the House of Commons) being negatived, and the Municipal Corporations (Wards) Bill, which was passed by the Commons, but in the Lords the second reading was put off for six months. IRISH FINES.-The account of fines and other penal sums exacted in Ireland during the year 1870 has been recently published. The total sum imposed during the twelve months was £43,865namely, fines, £34,036; compensations, £1197; and costs, £8632. A sum considerably short, however, of the total impositions was alone received. In the first place there was remitted by competent authority £5592; secondly, in regard to parties who were fined and did not pay, but were committed to gaol in consequence, the sum thus in default was £6845: moneys not collected for other reasons, such as the absconding of the delinquents, &c., £2772. Then we have under the heading "amount not paid," not a very intelligible description of an item in these words, "Fines upon jurors for which warrants issued to sheriffs and not accounted for to registrar;" this total was £608. As the registrar gives no information beyond this, the matter being apparently out of his jurisdiction, it is impossible to say whether those jurors ultimately escaped their fines or not. The aggregate of the moneys actually paid was £28,467-made up of £28,049 received on account of fines imposed during the year 1870, and of £418 arrears of former accounts. The net receipts were thus applied:-First, amount handed over to treasurers of boroughs and private parties, £6082; secondly, to the constabulary reward fund, £1015; thirdly, to 66 any parties as costs," £7135; fourthly, postage, £46; and fifthly, sum lodged in the Bank of Ireland, £14,199, of which £11,051 is called Crown fines. The sums were imposed by four different authorities. The total obtained at petty sessions was £31,740; at quarter sessions, £1004; at the Superior Courts, Dublin, and the assizes throughout Ireland, £5277; and at the Dublin police offices, £5843. The paper renders the account as against each county. Among the larger sums imposed we note £5850 in Antrim, £4073 in Dublin county (exclusive of the police offices), £3912 in county Cork, and £2030 in Galway. In a debit and credit abstract of the registrar's account it is shown that the balance in his hand at the close of 1869 was £16,842, and that at the end of 1870 it was £19,227, and that during the year the salaries of the petty sessional clerks were 28,562; pensions of late clerks, £1580; salaries of the registrar and his clerks, £1626; "annuity to Consolidated Fund," £500; sundry expenses, £407. Then £75,901 has been invested in the Government securities-i.e., to the credit of the "Fines Act Investment Fund," £63,146; and to the credit of "Petty Sessions' Clerks Act Investment," £12,755. Finally, there was a sum of £2800 transferred from Dublin fines and penalties account towards the expense of the police establishment. THE INDIAN CHRISTIAN MARRIAGE BILL.The Times correspondent writes from Calcutta on July 23rd:-An important discussion has been held in the Viceregal Council on the Christian Marriage Bill, which was left by Mr. Steph with two clauses recommended by the special reconstitution of the Arts Examinations in 1853, LEGAL EXTRACTS. LAW AT OXFORD. (From the Saturday Review.) THE problem of legal education has hitherto baffled the wisdom of both of the Inns of Court and of the societies of solicitors. The association presided over by Sir Roundell Palmer, satisfied for the present with having converted the joint committee of the Inns to the principle of compulsory examination, seems to be waiting for those learned bodies to make the next move; which they are supposed to be about to do by promulgating a list of subjects in which proficiency will have to be shown by the barrister of the future. There is as yet no indication that any improvement is contemplated in the instruction given by the six Readers to the Inns of Court, though how much an increase of teaching power is needed among them may be inferred from the fact that one of these Readers is expected to cope single-handed with three such subjects as Civil Law, International Law, and Jurisprudence. In the meantime the Inner Temple, adopting a somewhat minute line of policy, has recently appointed from its own body five gentlemen, with the style of "Tutors," to assist the studies of its own members exclusively; and the Incorporated Law Society is pursuing the even tenor of its way, providing short, but occasionally admirable courses of lectures for its articled clerks, and securing one branch of the Profession against any wholesale incursion of incompetence by a system of examinations which leaves much to be desired. In the strictly professional centres of legal study there is as yet therefore no agreement of opinion as to the subjects in which candidates for either branch of the Profession ought to be examined, or in which oral instruction ought to be provided for them. Upon both points, however, tolerably definite ideas have been arrived at elsewhere, and have been, or are on the point of being, realised. The great value of the legal curriculum of the University of London has long been recognised, and considerable improvements have been made in the Cambridge course; but we wish on the present occasion to call attention especially to what is being done in this direction at Oxford. Twenty years ago the study was there at its lowest ebb. No proficiency in it was of the slightest avail towards a degree in arts, and the exercises for the faculty degrees were almost illusory. Neither of the two law professors gave regular courses of instruction. The first impulse towards a better state of things was given by the The changes thus briefly enumerated have been doubtless demanded by the tendency of the day towards some such systematic study of law as has long existed in almost every civilised country except our own. That they have been accelerated and have assumed so satisfactory a shape, is however due to the exceptionally distinguished set of men who constitute the present legal professoriate of Oxford, and especially to the ability and zeal of the Regius Professor of Civil Law. Most of the law chairs now so worthily filled are of quite recent foundation. The Regius Professorship, indeed, dates from the time of Henry VIII., and the first Vinerian Professor was Sir W. Blackstone; but it was not till 1859 that the chair of International Law was founded at All Souls. In 1868 a reader was appointed to share the duties of the Vinerian Professor of Common Law, and in the following year the Professorship of Jurisprudence was founded by Corpus. Since 1861 a teacher in Hindoo and Mahommedan Law and History has been provided, with a view to the requirements of the Indian Civil Service. The University has, we think, acted wisely in not insisting upon the residence at Oxford of the whole legal professoriate. Men may occasionally be found whose devotion to their subject may lead them to exchange the chances of an exciting and splendidly rewarded profession for the comparatively obscure career of a teacher, and the scanty stipend which the Universities seem disposed to offer them; but, as a general rule, if Oxford wishes to obtain the services of the sort of men who now adorn her legal faculty, she must be content with such residence as is sufficient for a conscientious discharge of their duties. Nor will they be worse instructors in the theory of law for coming direct from its actual practice in the courts. We must not omit to mention that the professors, together with the examiners in the school of law, and others, have been recently constituted into a board of legal studies. Oxford thus possesses a singularly able and numerically adequate staff of professors of law; she allows the student to turn his attention to the subject at an early period, and gives him opportunities of obtaining degrees testifying to his proficiency on passing a judiciously arranged series of examinations. The results which may be hoped for from the experiment which is about to be tried depend partly on the recognition which the Oxford degrees may obtain from the governing bodies of the Profession in London, and partly on the relation which the Oxford authorities may succeed in establishing between the generally humanising course of study in arts, and the special study of law which they are now endeavouring to engraft upon it. It is hardly to be expected that young men will prolong their stay at the University in order to attend courses of lectures, and to pass examinations in law, unless the degree which they may thus obtain is recognised among the qualifications for entrance into the Profession. Other qualifica tions should doubtless be insisted on. Before & call to the Bar some practical familiarity with the routine of chambers and the business of the courts is indispensable, and the honourable esprit de corps of the Profession is doubtless much promoted by membership of an Inn of Court; but & knowledge of principles, and even of details so far as it is advisable to study them from books and lectures alone, may be obtained even better at a University town than in London. The besetting temptation of a young man who comes to London to study law is to plunge at once into the driest and minutest details of the work that goes on in a barrister's chambers. This is in fact the traditional method with us of qualifying for practice; the result being that, after spending laborious years among precedents and cases for opinion, our lawyers, while they acquire a certain dexterity in avoiding difficult questions, very seldom attain to a mastery of those principles with which they ought to have been familiar at starting. The student, on the other hand, who gets at the University, from competent teachers, an acquaintance with the general outlines of the department of knowledge to which he is about to devote himself, who has grasped the scientific ideas which underlie it, who has mastered the elements of Roman law, and has a fair acquaintance with the distribution and the broad principles of the law of his own country, when he enters the chambers of a conveyancer or special pleader will soon find that the time spent in preparatory study has not been lost. His horizon will not be bounded by the mortgages or pleadings upon which he is engaged, nor will he waste time in the haphazard reading of elemen tary treatises, but will see in all he is called upon to do the experimental application of the general principles with which his mind is already stored. We are convinced that by far the shortest way to learn law, or anything else, is to begin at the beginning; to learn the rule before attempting to apply it to particular instances. 76. CHATTEL REAL.-About seventy years ago some eighty individuals subscribed money in shares of £10 each, to buy a piece of ground on which to erect a windmill; the mill was built, and the ground and mill con. veyed to trustees upon trust for the shareholders. ing A., B., and C., new trustees for the shareholders. About thirty years since, a deed was executed, appoint C. was surviving trustee, he bought up all the shares, and has died intestate. To whom do the shares and property belong? the whole to the heir-at-law of C., as forming part of the real estate; or the shares of the personal representatives as personalty, and the legal estate to the heir-at-law as trustee for the personal representatives as shareholders ? Cases bearing upon the point will oblige. Answers. LEX. The definition of (Q. 62.) PROOF IN BANKRUPTCY.-B.'s claim being a demand in the nature of unliquidated damages arising by reason of a contract or promise by A., is conse quently provable in bankruptcy. the word "liability" in the last paragraph of sect. 31 is sufficiently comprehensive to embrace the case pro posed by "Sigma," even if the express words at the Unliquidated damages are only excluded when they arise otherwise than by reason of a contract or promise. If B.'s claim is a debt provable under the bankruptcy, then the provisions of sect. 54 apply, which in nineteen cases out of every twenty are of no practical utility to the creditor. C. L. C. commencement of the section had not met the case. (Q. 64.) ARTICLED CLERK.-By statutes 6 & 7 Vict. c. 76, s. 6, and 23 & 24 Vict. c. 127, repealing 1 & 2 Geo. 4 c. 48, and 1 Vict. c. 56, which contained similar enact ments, an attorney's and solicitor's clerk bound for five it, as pupil with a practising barrister, certificated years, is entitled to serve the last year, or any part of special pleader, or with the agent of his principal, entirely or separately, for instance, four months with each. See Archbold's Practice of Queen's Bench, vol. 1; Stephen's Blackstone, vol. 3, p. 327. The custom is usual, expedient, and of long standing, yet it may be doubted whether, in the absence of a clause in the articles, which ought never to be omitted, the Court of Queen's Bench has the power to compel the clerk's principal to allow the boon, although the application might induce the principal to comply with the clerk's reasonable request. It does not appear to be a case for a mandamus as the statute is not obligatory but permis sive. C. C. (Q. 65.) CONVEYANCING.-In Prideaux on Conveyancing, precedent 24, it is stated that where mortgagor and mortgagee in fee convey, part of the purchasemoney being paid to mortgagee in discharge of his debt, an ad valorem stamp must be paid in respect of the whole sum so paid to mortgagee-in that case on £2000, part of £3000 purchase-money. No reference is made to any other stamp, but it is stated (vol. 1. p. 183), if the instrument is a compound of a purchase and mortgage, the deed must be stamped with the proper ad valorem duties, as on a purchase and mortgage for the specified sums, according to 33 & 34 Vict. c. 97. It does not appear by this statute that in the case mentioned by "Lex" any other stamp than the ad valorem (see Table of Duties, Tilsley on Stamp Laws, 1871) would be chargeable, the progressive duty having been abolished. See also Bythewood's Conveyancing, vol. 5. pp. 511-2, and vol. 9. pp. 204-9, edit. 1844, and precedent 28 contained therein. C. C. (Q. 66.) THE NEW STAMP ACT.-No stamp is required for an attornment which operates merely as such, and as an acknowledgment of title. It must contain terms to justify the stamp: (see Bythewood's Conv., 3rd edit., vol. 1, p. 724). A mere attornment is not liable to stamp duty as an agreement: (see Doe dem. Wright v. Smith, 3 Nev. and P. 335; Doe dem. Linsey v. Edwards, 5 A. & E. 95, 2 H. & W. 139; in Cornish v. Searell, 8 B. & C. 471) the attornment was decided to be an agreement and therefore liable to stamp. So it was decided in Frankis v. Frankis (3 P. & D. 565), where rent, &c., was specified. In the Table of Duties, 33 & 34 Vict. c. 97, an attornment is not mentioned. An attornment clause in a mortgage being an integral part of it (see David. son's Conveyancing, vol. 2, p. 644), does not subject the deed to a lease stamp, as suggested in 5 Sweet. Jarm. Conv., 515. C. C. (Q.73) STAMPS ON AGREEMENTS FOR TENANCIES.-By the 23 Vict. c. 15, an agreement for a lease, not exceeding the term of seven years, was chargeable with the same duty as a lease: (See Tilsley Digest of the Stamp Acts.) In this work, A.D. 1871, it is stated that agreements can be only stamped on the same terms as other instruments are. The table of duties contained in this work seems to show that in the case suggested by "Inquirer" a 6d. stamp, to be affixed before execution of the agreement would be sufficient: (See 33 & 34 Vict. c. 97, which consolidated the Stamp Acts.) By this statute the Commissioners of Stamps, &c., have power to remit penalties within twelve months from the execution of the instrument. LEGAL OBITUARY. a T. GREENE, ESQ. C. C. in the army, retired, late of the Depot Battalion, FORSTER, FRANCIS HARRY, journeyman tailor, Hodnet; Aug. 29, Saints, Knightsbridge, and is married to a daughter at eleven, at the Royal hotel, Crewe. Sol., Onions FYNN, HENRY, dealer in earthenware, Bristol; Aug. 21, at twelve, at office of Sol., Clifton, Bristol HALE, THOMAS, contractor, Kaw-bridge; Sept. 12, at ten, at the Town hall, New Brentford. Sols., Messrs. Woodbridge, Clifford's-in. HAND, JON, victualler, Wolverhampton; Aug. 29, at eleven, at office of Sols, Pinchard and Shelton, Wolverhampton HARDON, JAMES, pawnbroker, Manchester: Aug. 29, at three, at office of Sols., Su'ton and Elliott, Manchester Smethwick: Aug. 23, at twelve, at offices of Sols, Griffin, 36, HOPCRAFT, JAMES, jeweller, Norwich; Aug. 28, at twelve, at PROMOTIONS & APPOINTMENTS HOWARD, THOMAS, builder, Heaton Norris: Aug. 30, at two, at Pet. To surrender at the Bankrupts' Court, Basinghall-street. BYE, JOHN, innkeeper. Bury Saint Edmunds. Pet. May 27. Reg. EVISON, WILLIAM, publican, Irby. Pet. Aug. 16. Reg. Stani- HICK, GEORGE CHARLES, corn dealer, Leeds and Bradford. Pet. Sur. Sept. 14 JOSLIN, BENJAMIN FLETCHER, stonemason, Maldon. Pet. Aug. 17. ROBINSON, WILLIAM, innkeeper, Llandisilio. Pet. Aug. 7. Reg. worth. Sur. Sept. 20 BANKRUPTCIES ANNULLED. COCKINGS, JAMES SEPTIMUS, nail manufacturer, Northfield, 18, 1869 Liquidations by Arrangement. FIRST MEETINGS. ABRAM, FREDERICK WILLIAM, chemist, East Dereham; Aug. 26, ATKINSON, RICHARD, pawnbroker, Birmingham; Aug. 24, at THE late Thomas Greene, Esq., barrister-at-law, JONES, GEORGE, builder, Oxford. Pet. Aug. 17. Reg. Bishop. BEAMENT, HENRY, jun., glass dealer, Wenlock-st, New North-rd; ham BLUNDELL, THOMAS CHARLES, rope maker, St. John-st, Clerk- BOWDEN, JAMES, commercial clerk, Birmingham; Aug. 29, at CONEY, EDWARD, coal agent, Birmingham: Aug. 27, at three, at ELLIS, WILLIAM LISTER, greengrocer, Middlesborough; Aug. 23, FAIRBURN, ANDREW WILLIAM, beerhouse keeper, Sheffield; FAWCETT, GEORGE WILLIAM, bacon factor, Middlesborough; MACKNIGHT, ALEXANDER, mi ine insurance broker, Liverpool: MCGERROW, SAMUEL NAE, builder, Knotty Ash, nr Liverpool; MEEKING, ROBET, linen draper, Sudbury; Aug. 27, at two, at MOTTRAM, THOMAS HENRY, ironmonger, Kingsland-rd; Aug. 23, at twelve, at the Bridge House hotel, Borough High-st, Southwark. Sol., Simpson, Borough High-st MYLIUS, FREDERICK, dentist, Welbeck-st, and Newman-st, Oxford-st; Aug. 27, at two, at office of Sol., Poole, Bartholomewclose NICHOLAS, PETER, commercial traveller, Salford; Aug. 29, at eleven, at offices of Horner and Manchester. Sol., Duckworth, Manchester NINEHAM, GEORGE, fishmonger, Landport; Aug. 26, at four, at REES, DAVID, victualler, Dinas; Aug. 31, at one, at offices of RICHARDSON, FREDERICK, grocer, Birmingham; Aug. 23, at RICHMOND, ANTHONY, builder, Northgate; Aug. 28, at four, at ROBERTS, RICHARD, baker, Oxford; Aug. 31, at two, at the ROY, JOHN, Ironmonger, Carlisle; Aug. 29, at eleven, at office of SCHNEIDER, NEIMANN, cizar dealer, Bishopsgate-st without, and SOLOME, SAMUEL, jeweller, Palace-rd, Lambeth; Aug. 24, at SPOONER, WILLIAM HENRY, coal dealer, Birmingham: Aug 26, at three, a offic of Sols., Wright and Marshall, Birmingham STANLEY, HENRY, innkeeper, Chipping Norton; Aug. 31, at twelve, at the Temperance hotel, Oxford. So'., Maniere, Gray'sinn-sq TOWNSEND, JOSHUA HACKETT, draper, Bristol; Sept. 2, at twelve, at office of Williams and Co., accountants, Bristol. Sol.. Beaton. Fi mingham WILKINSON, SEPTIMUS, victualler, Liverpool; Aug. 26, at two, at office of Sol., Bellringer, Liverpool Gazette, Aug. 20. AVANN, ROBERT, fellmonger, Westgate: Sept. 6, at eleven, at BARTLETT, RICHARD, corn dealer, Great Cambridge-st, Hackney- BEDBOROUGH, ALFRED, architect, Southampton, and Ports- BENT, JOSEPH, bootmaker, Southampton-st, Camberwell; Sept. BURY, JAMES, and BURY, THOMAS, Cotton manufacturers, Chor- CALVERT, WILLIAM, tailor, Worthing; Sept. 9. at twelve, at CHIDSON. ELIZA, widow, Aigburth, near Liverpool; Sept. 4, at COLE, WILLIAM THOM S. oilman, Grange-rd, Bermondsey; Aug.. DOWNING. JOHN HENRY, auctioneer, Bristol; Aug. 28, at two, at ELIASCO, DEMETRIUS GEORGE, an ELIASCO, JOHN, makers-up, ELLIOTT, JOHN, and ELLIOTT, CHARLES, contractors, Ashby-de- EI LIS, JAMES, butcher, Codicote; Sept. 5, at eleven at office of ELLIS, HENRY, tailor, Kington Blount: Sept. 4, at twelve, at FRANKLIN, WILLIAM ALFRED, jun., draper, Southsea: Sept 11, FRANCE, ADAM, shopkeener Show forth. par. Rochdale; Sept. 2, GRAHAM, JOHN HENRY, painter, Sunderland; Sept. 2, at three, GUY, ROBERT, lace manufacturer's assistant, Nottingham; Sept. HARDING, TOM, baker, Leicester; Aug. 31, at twelve, at office of HARRIS, JAMES THOMAS, boot manufacturer, Norwich; Sept. HISTED, JOHN, wine merchant, Brighton; Sept. 2, at two, at the JAMES, GEORGE, builder, Newman-st, Oxford-st, and Berners- JONES, ROBERT farmer, Penlan; Aug. 31, at two,at office of Sol. |