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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

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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
little prisons in Scotland. There were only seven
committals to Forres prison in the year 1871, and
the greatest number in the prison at any
one time in the year was two;
the
keeper and the matron, the only officers, reside
away from the prison, and in different parts of
the town. The admission of criminals to Dornock
prison in 1871, were eleven, but the average daily
number in custody was one; there is a governor,
a matron, a chaplain, and a surgeon. In another
Scotch prison the committals of criminals in the
whole year were but eight. No one of four other
Scotch prisons had at any time more than four
criminals in custody. The inspector again re-
ports the two county prisons of Westmoreland, at
Appleby and Kendal, in such an unsatisfactory
state from their defective construction that they
are quite unfit for the confinement of prisoners;
and the female side of the prison at Edinburgh
continues in an extremely unsatisfactory state, as
communication among the prisoners can be carried
on to almost any extent, and, consequently, con-
tamination, and imprisonment is deprived of its

most deterrent effects.

CLOSING OF PUBLICHOUSES ON SUNDAYS.-In
the new Licensing Act there is a provision which
can be enforced at once, that on the occasion of
an application for a new licence, or transfer or
renewal, where the applicant applies to the licen-
sing justices to insert in his licence a condition
that he shall keep the premises in respect of
which such licence is or is to be granted closed
during the whole of Sunday, the justices shall
insert the condition in the licence; the duty is to
be decreased, and the person licensed on a
"six-
day licence," as it is to be called, is to keep
painted or fixed on his premises words indicating
that such licence is for six days only.

WILD BIRDS' PROTECTION.-The Act for the
protection of certain wild birds during the breed.
ing season has just been printed, and has effect
in the United Kingdom. The birds are mentioned
in the schedule. Any person who shall knowingly
or with intent kill, wound, or take any wild bird,
or shall expose for sale any wild bird recently
killed or taken, between the 15th March and the
1st Aug., shall, on conviction of any such offence,
on a first offence be reprimanded and discharged
on payment of costs, and for every subsequent
offence shall pay a sum not exceeding 5s. for every
such wild bird, including costs, unless he proves
that the bird was received before the 15th March,
Persons offending against the Act may be required
or sent by a person out of the United Kingdom.
to give their names and places of abode. There
are other provisions as to the execution of the Act.
Seventy-nine wild birds are mentioned in the
schedule annexed to the Act.

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
CONVEYANCING.

NOTES OF NEW DECISIONS.
WILL-GIFT TO B. AND HIS HEIRS FOR THEIR

LIVES.-Devise to A. and the heirs of his body
"for their respective lives severalty and succes-
sively in tail male." Held, that A. took an estate
in tail male, and not merely a life estate: (Hugo
v. Williams, 26 L. T. Rep. N. S. 901. V.C. M.)

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
NEWLY-MADE STREETS' - EFFECT OF AS A
GRANT OF A PRIVATE WAY-ESTOPPEL-COVE-
NANT.-In 1851 A., by lease, demised land to W.
for building purposes, by the description of "all
that plot of land situated... bounded on the
east and north by newly-made streets, on the
west...
containing, &c.-a plan whereof is in-
dorsed on these presents, together with all ways,
waters, easements, and appurtenances to the
same premises belonging." The lessee covenanted
to build a house on the demised land (which he
subsequently did) and also "to kerb the cause-
ways adjoining the said land with proper kerb
stone." The strips of land on the east and north
of the demised premises, described in the lease as
"newly-made streets," were delineated on the
indorsed plan and therein called "new streets,"
but such new streets had never been regularly
made, and the said strips of land were still, for
the most part, rough waste ground. The plaintiff
having obstructed the access to W.'s house, by
placing immediately opposite to it a fence and
gate across the strip of land to the east, described
in the lease and plan as a "new street," W. re-
moved the obstruction; and in an action of tres-
pass by the plaintiff for so doing, pleaded a right
of private way over the strip of land in question.
Held, by the Court of Exchequer (Kelly, C.B. and
Channell and Cleasby, BB.), following and ap-
proving of Roberts v. Karr (1 Taunt. 495), that a
private way, as pleaded, was granted by the
lease. The lessor having expressly described the
land demised as abutting upon lands of his own
to the north and east, which he himself describes
as "newly-made streets," was estopped from
denying that there are streets which are in fact
ways, and of which streets or ways, the way
claimed in this plea is a part. The lessee's cove-

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.
Tuesday Aug. 20.

(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
rule a power of attorney must be treated as re-
voked by an act of bankruptcy committed by the
giver of the power as against the trustee under
a subsequent bankruptcy; but if, after the
act of bankruptcy, but before the adjudica-
tion, property of a bankrupt is conveyed under
the power of a bona fide purchaser who has no
notice of the act of bankruptcy, the purchaser
may hold the property as against the trustee
under the bankruptcy. If a person is proved to
know facts which constitute an act of bank-
ruptcy, or from which a court or a jury or
any impartial person would naturally and pro-
perly infer that
an act of bankruptcy had
been committed, he must be held to have had
notice that an act of bankruptcy had been com-
mitted, and the court will not inquire whether he
believed that an act of bankruptcy had been com-
mitted, or whether he drew from the facts the
inference that the bankrupt intended to defeat
and delay his ereditors: (Ex parte Snowball; Re
Douglas, 26 L. T. Rep. N. S. 894. L. JJ.)

LINCOLN COUNTY COURT.
Wednesday, Aug. 14.

(Before JAMES STEPHENS, Esq., L.L.D., Judge.)
Re HENRY KEYWORTH; Ex parte THE SOCIETY
OF GOOD SAMARITANS, LINCOLN LODGE.
Friendly society-Bankrupt member-Priority.
HIS HONOUR delivered the following reserved
judgment in this case, which came before the court
at the last sitting :-This was an application under
the 23rd section of the Friendly Societies Act (18
& 19 Vict. c. 63), that a debt due from Keyworth
(who has filed a petition for liquidation) to a
friendly society, called the Good Samaritan Lodge
of Odd Fellows, Lincoln, of which he was the
treasurer, should be declared to have priority
over his other debts. The question depends upon
whether the 23rd section of the Friendly Societies
Act, to which I have just referred, is still in
force so far as bankruptcy is concerned, or
whether it has been repealed by implication by
the effect of the 32nd section of the Bank-
ruptcy Act of 1869. In other words, has a
friendly society now the same privileges in
the case of a bankrupt or insolvent officer as it
had before that Act? The 32nd section of the
Bankruptcy Act 1869 directs that three specific
classes of debts-viz., certain rates, certain taxes,
and certain wages-owing from the bankrupt,
shall be paid in full, and then ends with this
sentence,"Save as aforesaid all debts provable
under the bankruptcy shall be paid pari passu,"
and by the previous section "All debts (with an
exception not material to the present question)
to which the bankrupt is subject at the date of the
adjudication, shall be deemed to be debts provable
in bankruptcy." Now, at the time this Act was
passed, these same three classes of debts were
protected (though not precisely as in the existing
statute) by the provisions of the Bankruptcy Acts
of 1849 and 1861, and there was at the same date
a fourth class also protected-viz., those due to
a friendly society from a bankrupt officer. This
last-mentioned class of debts was to be paid
in full under a clause in the Bankruptcy Act
of 1849, but there was also in force a later
enactment on the same subject-viz., the 23rd
section of the Friendly Societies Act, under
which the present application is made, and
which, being in some respects more extensive than
the enactment in the Bankruptcy Act 1849,
may be said to have practically superseded it.
At the time of the Bankruptcy Act 1869 there
passed a repealing Act operating on the previous
bankruptcy statutes, and the schedule of Acts
and parts of Acts at the end of this Repealing
Act, while it includes the whole of the Bankruptcy
Acts 1849 and 1861, does not specify the 18 & 19
Vict. c. 63, s. 23. Such being the case, the Legis.
lature, when it passed the Bankruptcy Act and
Repealing Act 1869, must, in my opinion, be
taken to have been aware of the existence of the
18 & 19 Vict. c. 63, s. 23, and consequently such
last mentioned enactment must be read in con-
nection with the 32nd section of the Bankruptcy
Act 1869, as if indeed it had been inserted imme-
diately before that provision. The two together
will consequently run substantially as follows:-
"If an officer in a friendly society having by virtue
of his office money of the society in his hands or
possession shall become bankrupt, his trustees
shall on demand pay over to the society such
money, and pay out of his estate all sums
the officer has received before any other of
his debts are paid. The debts of a bank-
rupt hereinafter mentioned (i.e., rates, taxes,
and wages), shall be paid in priority to all other
debts, save as aforesaid, all debts provable under
the bankruptcy shall be paid pari passu. Now, I
think the latter of these enactments is qualified
by the former, and that the words "save as afore-
said" must be construed as extending to the debts
mentioned in the prior statute, and in confirma-
tion of this view I would draw attention to the

following considerations: First, the rates, taxes,
and wages due from a bankrupt are debts from
him in a somewhat different sense from money,
which he received in the capacity of a trustee, but
has allowed to be mixed up with his own property;
and I think it may be fairly argued that such
fiduciary debts having been specially protected
by an Act in force in 1869, not being a bankruptcy
statute, it was not considered necessary to include
them in the classes privileged by the Act of 1869;
whereas the exception in favour of rates, taxes,
and wages, being only given by Bankruptcy Acts,
the repeal of which was rendered proper by the
new bankruptcy system, inaugurated by the Act
of 1869, required to be repeated in that Act, or
they would otherwise have fallen to the ground;
secondly, though in the case of Ex parte Bailey
and another; Re Barrett (4 De Gex M. & G., 380)
it was held that the privileges conferred by prior
Acts on certain societies not having been repeated
in the Bankruptcy Act 1849 were no longer in
force, though not expressly repealed by that Act,
yet it is observable that the repealing section
of that Act materially differs from the re-
pealing Act of 1869, inasmuch as not only
certain scheduled Acts and parts of Acts are
repealed, but also all Acts and parts of Acts
inconsistent with the Consolidation Act 1849.
The repealing Act of 1869 contains no such
general clause. Such then, upon the whole, is my
opinion, but it makes me feel an unfeigned appre-
hension that I am mistaken when I find myself in
opposition to a very experienced County Court
judge, who, in the case of Re Matthews, ex parte
The Society of Women, held at the Blacksmith's
Arms, Mynddislwyn (reported in the County
Courts Chronicle for 1st May 1872), came, though
with some hesitation, to a different conclusion.
The question no doubt is an important one, and
must, sooner or later, be determined by a higher
court. For the present I must hold that the
application now before me should be granted.
The costs of the trustees in liquidation will be
paid out of the estate.

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
had been sentenced at the last sessions of the
Central Criminal Court to long terms of penal
servitude, recently made a desperate though
unsuccessful attempt to escape from custody
while being taken in a prison van from Newgate
to Pentonville. They numbered fifteen, and were
in charge of two warders from Newgate, besides
the driver. Each man was securely handcuffed,
and nearly all of them being old convicts, were
acquainted with the mode of removal from one
gaol to another. When the van reached Islington,
one of them began to break in the inner panel of
his cell. His example was followed by three
others, and the warder inside gave the alarm to
the driver and the other warder, the result being
that the van was driven rapidly to Pentonville,
and arrived there just in time to frustrate the plan
of the convicts. The inside of the vehicle was
much broken and damaged, and it is stated that
some of the men had even managed to slip off
their handcuffs.

ALLEGED INSANITY.-At the Judges' Chambers
on Saturday a curious matter was discussed before
Master Hodgson of the Court of Queen's Bench.
An action had been brought in one of the Superior
Courts under the Bills of Exchange Act on a cheque

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,
committee to prevent Europeans from changing when Law in combination with History was recog-
their faith for purposes of polygamy. The fol- nised as a separate school, in which a modicum of
lowing are the clauses :-"No European British Roman or International Law and a portion of
subject, and no person domiciled in any country Stephen's Commentaries have ever since main
by the law of which polygamy is prohibited, shall tained a creditable struggle against the more
acquire a right to practice polygamy by any popular attractions of Modern History. It soon
change in his religious belief. If any person who became clear that the studies were unequally
has contracted any such marriage as is provided yoked. Proficiency in one could with difficulty be
for by this Act, or any other marriage which by measured against proficiency in the other in the
the law to which he is subject would render any same class list, and the gradually increasing in-
subsequent marriage during its continuance il- terest in Law demanded freer scope than could be
legal, marries any other person during the con- given to it in the combined school. The result has
tinuance of such marriage, he shall, whatever been the formation of an independent school of
religion he may profess at the time of such subse-Law by the side of the schools of literæ humaniores,
quent marriage, be deemed guilty of the offence de- mathematics, physics, history, and theology, in
scribed in sect. 494 of the Indian penal code, any one of which the final examination in arts can
and every such subsequent marriage shall be now be passed. The first examination in the new
void." Mr. Hobhouse, the new legal member of School of Law will take place after the Long Vaca-
council, while fully agreeing with the object of tion, when, as we learn from a notice which ap-
its clauses, thought that they had been brought pears in the University Calendar, candidates will
into a wrong Bill, since they had a much wider have to show an acquaintance with general juris-
application than the Christian marriage. He prudence, with the history of the English Consti-
thought, and the main part of the council seemed tution and of the law of real property, with the
to agree with him, that some special measure Institutes of Gaius and Justinian, and with the
should be prepared for the purpose of checking history of international law generally prior to the
such occurrences as the one which recently caused year 1750, and the law relating to ships and rivers
a public scandal in Madras, a European barrister in time of peace. In all these subjects text-books
passing through the form of a profession of are recommended, but the examination will be in
Mahomedanism, and immediately afterwards the subjects and not in the books, though an
casting off his Christian wife and marrying accurate knowledge will be required of certain
another woman who had also become a Ma- charters, statutes, and other original authorities.
homedan. Since this disgraceful transaction It will be observed that all these subjects are
occurred, the cast-off wife has sued the man such as admit of being treated more or less as
and obtained heavy damages against him; instruments of general culture; in other words,
but the general feeling is, and it was they are such as are admissible in an arts course.
strongly represented in the council, that the Go-
But it has been determined not to stop here.
vernment ought to prosecute the delinquent for The graduate in arts who has familiarised him-
polygamy. Mr. Stephen was said to have ex- self with the general groundwork of legal science
pressed an opinion that the law as it is would be is invited to continue his studies, and to give
found quite powerful enough to reach so flagrant them a more definitely professional direction in
a case. The clauses will be removed from the the Faculty of Law; and the examination for the
Christian Marriage Bill. In the course of the dis- Bachelor of Civil Law degree has been accord-
cussion a statement was made to the effect that ingly remodelled. The first examination under
British officers in the Madras Presidency were in the new system will, it seems, take place in
the habit of contracting Mahomedan marriages, Trinity Term 1873, and a notice has been issued
and then repudiating them. The Commander-in- that candidates must present themselves for exa-
chief denied this. In an experience of forty years mination in:-(1) Either jurisprudence or a de-
he had not, he said, known one instance of an partment of a foreign code, to be compared and
officer contracting and then repudiating a Ma- contrasted with the English law bearing on the
homedan marriage.
same subject; (2) any one of five large depart-
ments of Roman Law, with especial reference to
Gaius and to the Digest; (3) a general knowledge
of the English law of property, family relations,
contracts, and torts; and any two out of a list of
eleven special subjects of English law; (4) either
the general principle of private international law
or the law of prize.

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.

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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,
and is married to the second daughter of the late
Sir Henry Russell, Bart., of Swallowfield, Berks.
His second son, Thomas Huntley, is Vicar of All

Saints, Knightsbridge, and is married to a daughter
of the late General the Hon. Sir Patrick Stuart,
G. C. M. G. Of his daughters, the eldest, Henrietta,
and the youngest Rose Alice, married John Clerk,
became the wife of the Rev. Anthony W. Thorold,
Esq., Q.C., uncle of Sir G. D. Clerk, Bart., of
Penicuik, Midlothian.

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
HICKSON, WILLIAM, and CHILD, THOMAS, bolt manufacturers,

office of Sols., Su'ton and Elliott, Manchester

Smethwick: Aug. 23, at twelve, at offices of Sols, Griffin, 36,
Bennett's-hill, Birmingham, and Tyndall, Johnson, and Tyn-
dall, Waterloo-st, Birmingham

HOPCRAFT, JAMES, jeweller, Norwich; Aug. 28, at twelve, at
offices of Whites, Renard, and Floud, solicitors, Budge-row,
Cannon-st. Sols., Emerson und Sparrow, Norwich
HOWARD, ISRAEL, and DEAN, ROBERT, hay salesmen. Rateliff;
Aug. 28, at twelve, at office of Sol., Farnfield, Lower Thames-st
the Magnet inn, Heaton Norris. Sol., Duckworth, Manchester
LAWRENCE, WILLIAM, innkeeper, Stourport; Sept. 4, at three, at
office of Sol., Watson. Stourport

PROMOTIONS & APPOINTMENTS HOWARD, THOMAS, builder, Heaton Norris: Aug. 30, at two, at

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Pet.
Sur.

To surrender at the Bankrupts' Court, Basinghall-street.
BAIN, THOMAS, coffee-house keeper, High st, Shadwell.
Aug. 13. Reg. Roche. Sol. Salaman, King-st, Cheapside.
Sept. 3
HOFFMAN, PETER, Clerkenwell-close. Pet. Aug. 14. Reg.
Murray. Sol. Plunkett, Gutter la. Sur. Sept. 4
TOMKINS, ALGERNON SAMUEL, clerk in holy orders, St. Mary's-
rd, Westbourne-pk. Pet. Aug. 12. Reg. Murray. Sols. Jenkins
and Price, Tavistock-st, Covent-garden. Sur. Aug. 29

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BYE, JOHN, innkeeper. Bury Saint Edmunds. Pet. May 27. Reg.
Collins. Sur. Sept. 20

EVISON, WILLIAM, publican, Irby. Pet. Aug. 16. Reg. Stani-
land. Sur. Sept. 3

HICK, GEORGE CHARLES, corn dealer, Leeds and Bradford. Pet.
Aug. 15. Reg. Marshall. Sur. Sept. 23

Sur. Sept. 14

JOSLIN, BENJAMIN FLETCHER, stonemason, Maldon. Pet. Aug. 17.
Reg Gepp. Sur. Sept. 2

ROBINSON, WILLIAM, innkeeper, Llandisilio. Pet. Aug. 7. Reg.
Talbot. Sur. Aug. 23

worth. Sur. Sept. 20

BANKRUPTCIES ANNULLED.
Gazette, Aug. 13.

COCKINGS, JAMES SEPTIMUS, nail manufacturer, Northfield,
under firm of Williain Campbell and Co., and patent agent,
Birmingham. March 12, 1872
GREENSLADE, WILLIAM, bootmaker, Wellington. June 6, 1872
Gazette, Aug. 16.

18, 1869

Liquidations by Arrangement.

FIRST MEETINGS.
Gazette, Aug. 16.

ABRAM, FREDERICK WILLIAM, chemist, East Dereham; Aug. 26,
at twelve, at offices of Sols., Kent and Smith, Norwich
AMOTT, CHARLES COWPER, draper, Lupus st. Pimlico; Sept. 4,
at two, at the Guildhall coffee-house, Guildhall-yd. Sol., Kent,
Cannon-st

ATKINSON, RICHARD, pawnbroker, Birmingham; Aug. 24, at
twelve, at office of Sol., Kennedy, Birmingham
BAKER, THOMAS HENRY, foreman, Croydon; Aug. 22, at eleven,
at the Greyhound hotel, High-st, Croydon. Sol., Parry
BANBURY, EDWARD, silk throwster, Blockley: Aug. 29, at two,
at the White Hart hotel, Moreton-in-Marsh. Sol., Kendall,
Bourton-on-the-Water

THE late Thomas Greene, Esq., barrister-at-law, JONES, GEORGE, builder, Oxford. Pet. Aug. 17. Reg. Bishop.
of Slyne, Lancashire, and Whittington Hall,
Westmoreland, whose death has just been an-
nounced, in the seventy-ninth year of his age, was
the eldest son of the late Thomas Greene, Esq., TURNER, JOHN, engineer, Chatham. Pet. Aug. 17. Reg. Ac-
of Slyne (who died in 1810), by Martha, daughter
of the late Edmund Dawson, Esq., of Warton,
Lancashire. He was born in the year 1794, and
was educated at Oriel College, Oxford, which he
entered as a "gentleman commoner," and where
he graduated B.A. in 1814, and proceeded M.A. in
1817. Two years later he was called to the Bar
by the Hon. Society of Gray's Inn; but although GILL, WILLIAM, barrister-at-law, Talbot-rd, Bayswater. May
he was for many years a Bencher of his inn, he
seems to have relinquished the active duties
of his profession at a very early period, if,
indeed, he ever practised at all. Mr. Greene,
who was Conservative in politics, entered
Parliament in 1824 as one of the members for
the borough of Lancaster, which he continued to
represent without interruption down to the general
election in July 1852, when he was defeated.
Mr. R. B. Armstrong, the successful candidate,
was, however, unseated on petition, and upon
another election taking place in the April of the
following year, Mr. Greene was again returned at
the head of the poll. He retained his seat in the
House of Commons until 1857, when he retired.
During Mr. Greene's Parliamentary career, which,
with the slight intermission mentioned above,
extended over a period of nearly thirty-three
years, he introduced on two or three occasions
Bills for the commutation of tithes ; he was a
staunch supporter of Sir Robert Peel in his free
trade measures; and he was also strongly op-
posed to Dissenters graduating at the Univer-
sities. From 1841 to 1846 he was chairman of
committees to the House of Commons. The
deceased gentleman, who was greatly respected
by a large circle of friends and acquaintances, was
a magistrate and deputy-lieutenant for Lancashire,
and served the office of high sheriff of that county
in 1823; and he was also a magistrate for the
ounty of Westmoreland and for the West Riding
of Yorkshire. He married, in 1820, Henrietta,
third daughter of the late Right Hon. Sir Henry
Russell, Bart., by whom he has had issue three
sons and two daughters. His eldest son, Mr.
Dawson C. Greene, now of Slyne, is a lieut.-col.

BEAMENT, HENRY, jun., glass dealer, Wenlock-st, New North-rd;
Aug. 29, at three, at offices of G. Birchall, 27, Southampton-bldgs,
Chancery-la. Sol., Harrison, Furnival's inn
BERNSTEIN, JULIUS, dealer in fancy goods, Essex-rd, Islington;
Aug. 29, at two, at office of Sol., Sydney, Leadenhall-st
BILLYEALD, THOMAS, jun., lace manufacturer. Nottingham;
Sept. 2, at three, at office of Sols., Cranch and Rowe, Notting.

ham

BLUNDELL, THOMAS CHARLES, rope maker, St. John-st, Clerk-
enwell; Aug. 29, at two, at office of Sols., Boulton and Sons,
Northampton-sq, Clerkenwell

BOWDEN, JAMES, commercial clerk, Birmingham; Aug. 29, at
twelve, at office of Sol., Green, Birmingham
CARLEUS, BENJAMIN BENOIT, tailor, Manchester; Sept. 10, at
three, at office of Sol., Storer, Manchester
CHAMBERS, JAMES ALEXANDER, printer, Nottingham; Aug. 30,
at three, at offices of Sols., Cranch and Rowe, Nottingham
CLEVES, CHARLES, brewer, Canton, nr Cardiff; Aug. 29, at half.
past twelve, at office of Beckingham, Albion-chmbs, Bristol.
Sel., Morgan, Cardiff

CONEY, EDWARD, coal agent, Birmingham: Aug. 27, at three, at
office of Sols., Wright and Marshall, Birmingham
EALES, GEORGE, wholesale manufacturer of English mosaic jewel-
lery, Torquay; Aug. 29, at twelve, at office of Andrew, Exeter.
Sol., Paull, Ilminster

ELLIS, WILLIAM LISTER, greengrocer, Middlesborough; Aug. 23,
at eleven, at office of Messrs. Greener, accountants, Middles-
borough. Sol., Dobson, Middlesborough

FAIRBURN, ANDREW WILLIAM, beerhouse keeper, Sheffield;
Aug. 27, at eleven, at office of Sols. Websters and Picard, Shef-
field

FAWCETT, GEORGE WILLIAM, bacon factor, Middlesborough;
Aug. 24, at eleven, at office of Messrs. Greener, accountants,
Middlesborough. Sol., Dobson, Middlesborough

MACKNIGHT, ALEXANDER, mi ine insurance broker, Liverpool:
Aug. 27, at two, at office of sol., Gill, Liverpool
MARKHAM, THOMAS, picture frame manufacturer, Manchester;
Aug. 28, at three, at offices of Sols., Marriott and Woodall,
Manchester

MCGERROW, SAMUEL NAE, builder, Knotty Ash, nr Liverpool;
Aug. 30, at three, at office of Gibson and Bolland, accountants,
Liverpool. Sol., Jones, Liverpool

MEEKING, ROBET, linen draper, Sudbury; Aug. 27, at two, at
office of Sols, Norton, Son, and Elam, Walbrook

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
office of Paice, accountant, Landport. Sol., Walker, Portsea
REDMAN, WILLIAM, broker, Todmorden; Sept. 4, at two, at
office of Sol., Craven, Todmorden

REES, DAVID, victualler, Dinas; Aug. 31, at one, at offices of
Sols., Simons and Plews, Merthyr Tydfil

RICHARDSON, FREDERICK, grocer, Birmingham; Aug. 23, at
three, at office of Sol., Griffin. Birmingham

RICHMOND, ANTHONY, builder, Northgate; Aug. 28, at four, at
office of Sol., Steavenson, Darlington

ROBERTS, RICHARD, baker, Oxford; Aug. 31, at two, at the
Anchor hotel, Oxford. Sol, Manier, Gray's-inn-sq
ROBINSON, GEORGE, dealer in glass, Lincoln; Aug. 27, at twelve,
at office of Sol., Rex, Line in

ROY, JOHN, Ironmonger, Carlisle; Aug. 29, at eleven, at office of
Sol, Lovett, Carlisle

SCHNEIDER, NEIMANN, cizar dealer, Bishopsgate-st without, and
Clifton-st, Finsbury; Aug. 28, at two, at office of Sol., Hilbery,
Crutched-friars

SOLOME, SAMUEL, jeweller, Palace-rd, Lambeth; Aug. 24, at
eleven, at the Round Table hotel, St Martin's ct, Leicester-sq.
Sol.. Wi lis, St. Martin's-ct, Leicester-sq

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
office of Sols., Sankey, Son, and Fint. Can erbury
BARDENS, WILLIAM HENRY, baker, Plymouth; Sept. 2, at eleven,
at office of Sol. Curteix, East Stonehouse

BARTLETT, RICHARD, corn dealer, Great Cambridge-st, Hackney-
rd; Sept. 2, at two, at 4. Sion College, London-wall. Sols., East
and Funst n

BEDBOROUGH, ALFRED, architect, Southampton, and Ports-
wood; Sept. 11, at three, at office of Sols., Stocken and Jupp,
Leadenhail-st

BENT, JOSEPH, bootmaker, Southampton-st, Camberwell; Sept.
3. at two, at office of Sol., Maniere, Gray's inn-sq
BRICE, HENRY, Retired Warrant Officer from the R.N., Chiches-
ter: Sep. 4. at four, at offic of So'., King, Portsea
BUTTERWORTH, JOHS, cotton manufacturer, lamsbottom; Sept.
3, at three, at the Clarence hotel, Manchester. Sols., Ramwen,
Pennington and Bindle, Bolton

BURY, JAMES, and BURY, THOMAS, Cotton manufacturers, Chor-
1v: Sept. 2, at thee, at the Thatched House hotel, Manchester
Sol., Morris, Chorley

CALVERT, WILLIAM, tailor, Worthing; Sept. 9. at twelve, at
Dolly's Chop house tavern, Queen's Head-passage, Newgate-st,
London. Sol., Luckett, Worthing

CHIDSON. ELIZA, widow, Aigburth, near Liverpool; Sept. 4, at
eleven, at office of Sols., Holden and Cleaver, Liverpool
CHRISTIE, JOHN, builder, Salford; Sept. 4, at three, at office of
Sol, Dewhurst, Manchester

COLE, WILLIAM THOM S. oilman, Grange-rd, Bermondsey; Aug..
30, at four, at office of Sol., Wetherfield, Gresham-bidgs
DAVEY, RICHARD, grocer, Great Torrington; Sept. 2, at twelve,
At office of Sol., Thorne, Barnstaple

DOWNING. JOHN HENRY, auctioneer, Bristol; Aug. 28, at two, at
office of So'., Thick, Bristol

ELIASCO, DEMETRIUS GEORGE, an ELIASCO, JOHN, makers-up,
Manchester: Sept. 2, at three, at office of Sols., Sudlow, Hinde,
Milne, and Sudlow, Manchester

ELLIOTT, JOHN, and ELLIOTT, CHARLES, contractors, Ashby-de-
la-Zouche; Aug. 30, at twelve, at the Royal hotel, Ashby-de-la-
Zouche. So's., Messrs. Drewry, Burton-upon-Trent

EI LIS, JAMES, butcher, Codicote; Sept. 5, at eleven at office of
Sols., Messrs. Wade, Hitchin

ELLIS, HENRY, tailor, Kington Blount: Sept. 4, at twelve, at
office of Bull, Aylesbury. Sol., Fell

FRANKLIN, WILLIAM ALFRED, jun., draper, Southsea: Sept 11,
at twelve, at the Chamber of Commerce, Cheapside. Sols.,
Cousins and Burbidge, Portsmouth

FRANCE, ADAM, shopkeener Show forth. par. Rochdale; Sept. 2,
at eleven, at office of Sol., Standring, Rochdale
FOWLER, JOHN, builder, Ashford; Aug. 31, at twelve, at office of
Sols., Hallett, Creery, and Furley, Ashford
GABRIEL, ELIA, clothier, Gateshead; Aug. 30, at two, at office of
Sols., Messrs. Joel, Newcastle-upon-Tyne
GODDEN, LEWIS, farm bailiff, West Cliffe; Sept. 2, at four, at
office of Sol., Minter, Dover

GRAHAM, JOHN HENRY, painter, Sunderland; Sept. 2, at three,
at office of Rawlings, accountant, Sunderland. Sol., Graham,
Sunderland

GUY, ROBERT, lace manufacturer's assistant, Nottingham; Sept.
2, st twelve, at office of Sol., Belk, Nottingham
HALL, HENRY, paper manufacturer, Horton Kirby; Sept 5, at
three, at the Guildhall coffee-house, Gresham-st. Sol., Chidley.
Old Jewry

HARDING, TOM, baker, Leicester; Aug. 31, at twelve, at office of
Sol., Harvey, Leicester

HARRIS, JAMES THOMAS, boot manufacturer, Norwich; Sept.
2, at three, at office of Sol., Sadd, jun., Norwich
HICKSON, WILLIAM, and CHILD, THOMAS, nut manufacturers,
Smethwich; Aug. 23, at one, at offices of Sol., Griffin, Birming-
ham; Tyndall, Johnson, and Tyndall, Birmingham
HILLIER, JOSIAH JASPER, printer, Wednesbury; Sept. 2, at
eleven, at office of Smith, Wednesbury. Sol., Woodward,
Wednesbury

HISTED, JOHN, wine merchant, Brighton; Sept. 2, at two, at the
Guildhall Coffee-house, London. Sol., Penfold, Brighton
HOLLAND, JOSEPH WILLIAM. jun., Colonial broker, Mincing-la,
and Rosendale, Laurie-pk, Sydenham; Aug. 30, at two, at office
of Sols., Carter and Bell, Leadenhall-st
HORAM, IRVIN PORTER, provision dealer, Preston; Aug. 30, at
two, at office of Sols., Cunliffe and Watson, Preston
JAMES, EDWARD, grocer, Hampton Wick; Sept. 5, at two, at office
of Bartrop, Kingston-upon-Thames

JAMES, GEORGE, builder, Newman-st, Oxford-st, and Berners-
mews, Oxford-st; Sept. 2, at twelve, at office of Lewis, Gray's-
inn-sq. Sol., Seale, Queen's-rd, Dalston

JONES, ROBERT farmer, Penlan; Aug. 31, at two,at office of Sol.
Jones, Ca narvon

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