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to the registrars, and a due supply of judicial force in the important centres, the work might be done thoroughly well. We have dwelt at some length upon this subject of judicial power, because at slight extra cost we may attain efficiency instead of inefficiency.

And a very few remarks will show what this means. The Commissioners propose to give large equitable powers to the County Courts; but they evidently feel that they are treading upon doubtful ground. They say: "The proposal we have now made, that the County Courts should have jurisdiction, unlimited by amount, will abolish the existing restriction by which they have jurisdiction in equity matters only to a certain amount, and in certain proceedings only, and will extend the jurisdiction in equity of the County Court to all matters cognizable by the high court. The nature of many causes in equity-such as suits for specific performance, suits for the administration of estates, and for the execution of trusts-is, however, so different to ordinary money demands, recoverable at common law, that we think it impossible to fix any absolute limit of exclusive jurisdiction by reference to amount. We propose that in cases of this nature the absolute right of removal, applicable to other cases, should be qualified by general rules, or by making the leave of a Judge of the superior branch of the court necessary. The jurisdiction of the existing courts of equity in matters of injunction is, however, of so important and delicate a nature that there should be a special provision for reserving that jurisdiction, in certain matters, to the superior branch of the court."

This timidity upon the part of the commissioners is sufficient evidence in support of our proposition that ample judicial power ought to be secured. If there were a thoroughly good equity lawyer, who would do as Sir JAMES BACON does, and dispose of the bankruptcy business, allotted to each important centre, there is no reason why we should fear to trust him with any equitable powers. But exceptions show weakness, and weakness at any point in a judicial system is apt to bring the whole machinery into disrepute. It would be far better to make it exceptionally good than leave it open even to a suspicion of inefficiency. Unfortunately, however, our governments have acquired the habit of passing rotten measures, and patching them up afterwards, and it is perhaps too much to expect that a different course will be pursued in connection with County Court reforms.

(To be continued.)

LAW LIBRARY.

The Law as to Licensing Inns, &c., &c. By GEORGE C. OKE, Chief Clerk to the Lord Mayor of London. London: Butterworths. THIS work contains the Licensing Act 1872, and the other Acts in force as to alehouses, beerhouses, wine and refreshment houses, shops, &c., selling intoxicating liquors, and billiard and occasional licences "systematically arranged." Mr. Oke thus describes the plan which he has adopted: "Departing from the usual method of editing a statute-the giving it in the order of the sections in the first part with notes, and the supplemental statutes in chronological order in another part-it appeared to me that the most convenient mode for practical use was to arrange the work under appropriate chapters or sections, each containing all the enactments in extenso, with the notes and cases bearing upon it, and the necessary forms, and so presenting at one view the whole law upon any branch of it." This plan certainly has its advantages, but it has also its disadvantages, for it is not so easy to find the particular sections as when the statute runs in its order. Thus, in looking out for what Mr. Oke had to say on sects. 45 and 46, we had to make some little search before we alighted upon his observations; but a little use would make the practitioner thoroughly familiar with the work, and then it will doubtless be found exceedingly convenient. Everything appears to be given which can by any possibility be required, and the forms are abundant. We append what Mr. Oke says upon the construction of sects. 45 and 46:

The first paragraph of sect. 45 means that new houses, those not licensed on the 10th Aug. 1872, for consumption on the premises, are not to be subjected to the old rating qualification; but instead thereof they will come under the operation of the new annual value as laid down in the following paragraphs of that section, and to the additional requirements of the last paragraph as to the structural adaptation of the premises in order to provide suflicient room for the customers. The same regulations as to annual value will apply to houses to be licensed for consumption off the premises, which in the case of the sale of wine did not require, nor do they now, a rating qualification (23 Vict. c. 27, s. 8, ante p. 31). The whole of sect 46 is confined to the same houses, being those for which certificates were before grantable by justices under the Acts referred to. If any of them before licensed are not (at the time of renewal) of the "annual value" required by the second paragraph of sect. 46, to be ascertained by the justices under sect. 47, they must be brought up to it in a year, and the justices may renew the licences on that condition as provided by the last paragraph of that section; the object of that enactment being to bring up the old houses to the true annual value, and put an end to the local influences which may have caused worthless houses or cottages to be rated above their value. Failing to improve the houses, the licence will be lost next year. As regards new licences for such houses, whether for consumption on or off the premises, they must also be of the new "annual value," as required by the second paragraph of sect. 46, at the time of the "grant." The higher value in the second paragraph, and sub-sect. a. of

sect. 45, is not applicable to houses licensed under these Acts for consumption on the premises (it cannot from its context apply to houses for off consumption), otherwise there would have been no necessity for the enactment in the sect. 46 as to the "annual value" required on granting licences for such houses generally.

Premises requiring the new licences for the first time, authorised to be granted by justices by the 35 & 36 Vict. c. 84, i.e., for wine, spirits, liqueurs, or sweets (sweets only being for consumption on as well as off the premises), will not require any annual value qualification, although those for spirits and liqueurs are subject, as stated in sects. 68 and 69, to the same grounds of objection upon which the grant of licences for wine not consumed on the premises may be refused (one of which grounds is the qualification of the applicant "or the house" (see 32 & 33 Vict. c. 27, s. 8, post, p. 62), because the 23 Vict. c. 27, as to such wine licences, did not require the rating qualification where the wine was not to be consumed on the premises (see 23 Vict. c. 27, s. 8, ante, p. 34).

This seems a simple matter. Alehouses before the 10th Aug. 1872, required no rating or other qualification for a licence. Houses having licences at that date must remain as they are during the existence of those licences, as sect. 46 does not apply to them in any way. Houses requiring new licences must be of the annual value prescribed by the second paragraph of sect. 45 and its sub-paragraphs.

The Licensing Acts, 1828-69-72, with Notes and Forms. By J. M. LELY and W. D. FOULKES. London: Henry Sweet; Stevens and Sons.

A PLAN has been adopted by Messrs. Lely and Foulkes which will please those who object to that of Mr. Oke. They have divided the Licensing Acts into three groups, the first consisting of the original Licensing Act of 1828 and the Act which amends it; the second, of the Wine and Beerhouse Act 1869, and the Acts which it recites, "the subsidiary enactments being in each case interpolated in their appropriate places." The Licensing Act of 1872, which is supplementary to both, is, in the third place, printed entire. A clear and useful summary of the entire law is given in the shape of an introduction, and the work concluds with a collection of forms. There are notes to the various sections of the Acts which appear to be done with care.

The Intermediate Examination Guide. By EDWARD HENSLOWE BEDFORD. London: Butterworths. CRAMMING is a recognised art: with some people it is almost a religion-with some articled clerks, for instance, whose prophet is Mr. Bedford. Lege non multa sed multum. This is sound advice, particularly to the students of the elements of law; and they will find in Mr. Bedford's guide a useful and reliable friend.

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CITY, THURSDAY, OCT. 10. THE decline for some weeks past of the stock of precious metals held by the Bank has by its steady continuance, directed particular attention to the drain this week. It was thought 5 per cent. might be sufficient to arrest the outflow, but the operations since the close of last week have proved that rate to be ineffectual, and to-day a rise of 1 per cent to 6 has been made. The rather better tendency of the stock markets since Monday has thus been interrupted, and in the announcement to-day of the new value for money, there was a general fall in public securities all through the markets.

The British Funds are now only 1-16th better than a week ago; Exchequer Bills have fallen 2s.

In American Securities Eries have risen for the week, but Illinois shares have fallen; Atlantic and Great Western Debentures are 2 better, and the Bonds 14.

A very general improvement has to be recorded in British Railway Stocks, after allowing for the relapse of to-day. The traffic receipts have in some cases, such as London and Brighton, been exceptionally good, and the supply of stock is scarce. London and Brighton has risen 3 for the week; Manchester and Sheffield 2; North British 13; Metropolitan and Midland 14, the former owing to the issue of the report of the Committee of Investigation; South Eastern Deferred 1; Caledonian, Great Western, Lancashire and Yorkshire, London and North Western, and South Eastern, , &c.

In the foreign market the tone has ruled fairly steady, except for French descriptions, which have until recently continued to droop. Honduras and Bolivia have recovered 2; Greek 14; Paraguay and Egyptian ; and Turkish. On the other hand the French Morgan is lower.

In Telegraph Shares, Great Northern and Mediterranean Extension are lower.

The rise in the Bank rate to 6 per cent. checked the demand for discount outside, but the inquiries have been upon a fair scale, at the Bank notwithstanding the increased terms. The deposit rates have been raised at call from 4 to 4; at seven days' notice from 44 to 8; and at fourteen day's notice from 44 to 54.

The latest quotations for British Funds are as follows: Consols for money 92 to 924; ditto 5th Nov. account, 924 to 92; Reduced and New Three per Cents., 90 to 903; Exchequer Bills, 5s. dis. to par.; India

Five per Cent. Stock, 110 to 111; ditto Four per Cent., 104 to 105; ditto Enfaced Paper Four per Cent. 96 to 97; ditto Five and Half per Cent., 106 to 107; Bank of England Stock, 240 to 242; Metropolitan Three and a Half per Cent., 97 to 98; and French Rentes in this market 52 to 52. The latest price for French Rentes received from Paris was 53fr. 20c. In the market for American Securities, the United States 5-20 bonds of 1882 are marked 92 to 92; ditto 10-40 Bonds, 87 to 881; Atlantic and Great Western Bonds, 30 to 34; ditto, Debentures, 42 to 44; Eries, 38 to 39; Illinois, 104 to 106; and United States Funded Loan, 89 to 892.

In the Railway Market the prices are:-Caledonians, 109 to 109}; Great Eastern, 46 to 47; Great Northern, 133 to 135; ditto, A, 154 to 156; Great Western, 117 to 117; Lancashire and Yorkshire, 149 to 150; London and Brighton, 76 to 76; London, Chatham, and Dover, 23 to 24; ditto 4 per cent. preference, 614 to 61; London and North-Western, 143 to 143; London and SouthWestern, 103 to 105; Manchester and Sheffield, 83 to 83; Metropolitan, 59 to 60; ditto District, 28 to 28; Midland, 1114 to 1414; North British, 82 to 82; North Eastern Consols 161 to 161; South Eastern, 102 to 1034; ditto Deferred, 851 to 85; Grand Trunk of Canada, 20 to 201; Great Western of Canada, 221 to 221; Antwerp and Rotterdam, 24 to 25: Great Luxembourg, 17 to 17; and Lombardo Venetian, 187 to 19.

The prices of the principal Foreign Stocks are as follows: Argen

tine 1868, 95 to 96; do., 6 per cent., 1871, 90 to 91; Bolivian, 6 per cent. 58 to 59; Brazilian, 5 per cent. 1865, 941 to 95; do., 5 per cent., 1871, 94 to 95; Costa Rica Scrip, 1872, 10 to 7 dis.; Egyptian, 7 per cent., 1868, 89 to 90 do., Viceroy Loan, 92 to 93; do., Khedive Mort gage Bonds, 79 to 793; French Morgan, 6 per cent. Loan, 96 to 961; do., National, 5 per cent. Loan, par to pm.; Greek, 15 to 17; Hon. duras, 35 to 37; Italian of 1861, 66 to 661; Mexican, 15 to 16; Paraguay, 8 per cent., 1871, 75 to 76; do., 1872, Scrip. 10 to 7 dis.; Peruvian 6 per cent. 1870, 741 to 741; do., per cent. 1872, 9 to 7 dis.; Spanish 29 to 293; do., 3 per cent., 1871, 29 to 29; Turkish, 5 per cent. 1865, 52 to 52; do. 6 per cent., 1869, 60 to 61; and do., 6 per cent. 1871, 721 to 731.

In the Telegraph Market, Anglo-American Stock is quoted at 119 to 121; British Australian, 8 to 84; British Indian Extension, 11 to 113; Chinas, 8 to 9; Cubas, 7 to 8; Eastern, 9 to 93; Great Northern, 10 to 11; Indo European, 13 to 15; Mediterranean Extension, 6 to 6; Reuter's, 10 to 10; French Cables 21 to 22; and West India and Panama, 5 to 54. In miscellaneous shares the prices are as follows:-General Credit and Discount 24 to 2 pm.; International Finance, 1 to dis.; Hooper's Tele graph Works, 10 to 10%; Hudson's Bay, 13 to 144; India Rubber and Gutta Percha, 31 to 32; National Discount, 11 to 12; Telegraph Construction, 32 to 33; Royal Mail Steam, 88 to 90; Native Guano, 14 to 15; Phosphate Sewage, 12 to 12; New Sombrero Phosphate, 3 to 4; and Phospho Guano, 11 to 11}

ELECTION LAW.

THE BALLOT IN WAKEFIELD.-On Saturday the Ballot came into play in Wakefield for the first time, when there was a municipal election extraordinary in Northgate ward. The candidates were Mr. J. Unthank, chemist, Liberal, and Mr. J. Ledgar, leather currier, Conservative. The Northgate ward is the largest in the borough, and the electors number about 800, with a strong Irish element. The polling, which was held in one of the national schools, commenced at 9 a.m., and closed at 4 p.m. The voting was rather slow, the delay being mostly caused by the illiterate voters, of whom there is a large number in the ward. The Conservatives-for the purpose, as they openly declared, of defeating the intentions of the Act-carried out the plan adopted at Preston. On Friday cards were delivered to all the voters, which they were requested to fill up and give to the agent who was stationed outside the polling-booth. A great number of voters did so, and the more ignorant among them seemed to think they were obliged to comply with the request. Some indignation was expressed by the Liberals at the course adopted by their opponents, and there can be no doubt that the entrance to the polling-booth was greatly obstructed by the plan pursued by the Conservatives, and the Conservative agent was forced to give up his position. The casting-up of the votes commenced about half-past 4, and was finished about 6, when the result was declared as follows: Ledgar, 269; Unthank, 224; majority for Ledgar, 45.

SOLICITORS' JOURNAL.

residuary estate to trustees upon trust for his
three daughters equally during their respective
lives, and if all, or any, or either of them should
die leaving issue, then upon trust to pay and
apply one-third part unto and amongst the issue
of each of his said daughters that should happen
to die leaving issue, in equal shares, and if only
one of them should die leaving issue, then to pay
and apply the whole to and equally amongst the
issue of such one daughter, with a gift over if all
the daughters should die without leaving issue.
The three daughters survived the testator. One
of them afterwards died leaving several children.
On the death of another of them unmarried:
Held (reversing the decision of Wickens, V.C.),
that cross limitations must be implied between
the three daughters and their families, and that
the class of issue entitled to take must be ascer-
tained at the death of each daughter leaving issue
her surviving: (Re Ridge's Trust's, 27 L. T.
Rep. N. S. 141. Ch.)

COSTS-TRESPASS TO LAND, AND OBSTRUC. TION OF LIGHT-ACTION TO TRY A RIGHT-REFUSAL OF JUDGE AT TRIAL TO CERTIFY-VALUE OF THE RIGHT-APPEAL.-The plaintiff, in assertion of his rights, brought an action for trespass to his land and obstruction of his light, and recovered 40s. damages; and the judge at the trial, considering the rights to be of trifling value, refused to certify for costs under sect. 5 of the 30 & 31 Vict. c. 142. Held (Kelly, C.B., dissentiente) by Martin, Bramwell, and Channell, BB., discharging a rule to allow the plaintiff his costs, that the judge was right in refusing to certify, as the action was one which there was no sufficient reason for bringing in the Superior Court. Sed contra per Kelly, C.B.-The action being brought to try an important right was properly brought in the Superior Court, and the plaintiff ought to have his costs. Per Martin, B.-The court has no jurisdiction in the matter, the 5th section not giving either to a judge at chambers, or to the court, a right to sit in appeal over the judge who tried the cause, whose judgment on the question of costs the Legislature intended to be final and conclusve. Per Bramwell and Channell, BB.Though the judge at the trial may have refused to certify, the court or a judge at chambers has, under sect. 5 of the Act, an independent power of allowing plaintiff his costs, by rule or order upon the production of new matter. Per Kelly, C.B.-The court has power by rule to give costs to a plaintiff, even where they have been refused by the Judge at Nisi Prius, and subsequently also by a judge at chambers: (Hinde v. Sheppard.) Hinde v. Sheppard (25 L. T. Rep. N. S. 500; INTERROGATORIES-ATTACHMENT-COMMON L. Rep. 7 Ex. 21; 41 L. J. 25) discussed, comPLEAS AT LANCASTER-COMMON LAW PROCE- mented on, and approved: (Barlow v. Briggs, 27 DURE ACT 1854, s. 51-32 & 33 Vict. c. 37.-AL. T. Rep. N. S. 159. Ex.) Superior Court has jurisdiction under the Common Pleas at Lancaster Amendment Act 1869

NOTES OF NEW DECISIONS. PATENT-INFRINGEMENT - ANTICIPATION.The previous public exhibition of a useless and abortive machine does not affect the right of a person who subsequently makes and patents a successful machine for the same purpose, although many of its details are similar to those of the abortive machine. A combination of common elementary mechanical materials in such a manner as to produce a result previously attained by other mechanical arrangements may be the subject of a valid patent, provided the result be of a better or more useful kind or be produced in a more expeditious or more economical manner. In such a case the specification must expressly claim the combination of the materials. Decision of Bacon, V.C. reversed: (Murray v. Clayton, 27 L. T. Rep. N. S. 110. Chan.)

(32 & 33 Vict. c. 37), to issue an attachment upon
the omission to answer interrogatories, ordered
by the prothonotary in an action commenced in
the Lancaster Court. Personal service of an
order for interrogatories need not be shown before
the issue of an attachment upon omission to
answer, if the party in fault has consented to the
enlargement of a rule against him: (Coston v.
Blackburn, 27 L. T. Rep. Ñ. S. 117. Q. B.)
WILL-CONSTRUCTION-CROSS

LIMITATIONS

BY IMPLICATION-ISSUE.-A testator gave his

UNCLAIMED STOCK AND DIVIDENDS IN THE

BANK OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons
respectively whose names are prefixed to each in three
months, unless other claimants sooner appear.]

BLISS (Rev. Thos.), St. Ives. Hunts, £100 Three per Cent

Annuities. Claimant, said Rev. Thos. Bliss.

HILDYARD (George), Furnival's-inn, Holborn, gentleman,
and RAMSDEN (Richd.), the younger, George-street,
Albany-road, Camberwell, gentleman, £35 18. 11d. New.
Three per Cent. Annuities. Claimant, Richd. Ramsden,
formerly the younger, the survivor.

CREDITORS UNDER 22 & 23 VICT. c. 35.
Last Day of Claim, and to whom Particulars to be sent.
BENNINGFIELD (Alfred), formerly of 15, Frederick-road,
Lorrimore-square, Walworth, Surrey, but late of 152, Pen-
ton-place, Walworth, gentleman. Nov. 30; Patteson and
Cobbold, solicitors, 18, New Bridge-street, Blackfriars,
BILLING (Ralph), Long Croft Farm, near Cheadle, Staffs,
farmer. Jan. 1; Wm. Allen, Leek.
BLIGH (Edward Esq., 16, Onslow-crescent. Middlesex.
Nov. 2; W. M. M. Whitehouse, solicitor, 26, Charles-street,
St. James's-square, Middlesex.

E.C.

CARR (Rev. John E.), Outwoods, near Derby, clerk.

Nov. 30; Simpson and Co., solicitors, St. Mary's-gate,
Derby.

DANIEL (Jas.), Hawthorns, Whitmore-lane, Small Heath,

Warwick, gentleman. Dec. 31; Reece and Harris, solic
tors, 47, New-street, Birmingham.
DIGBY (Chas.), New Hampton, Middlesex, contractor.
DOBSON (Maria Cecilia, 28, Colebrook row, Islington, Mid-
Dec. 1; J. Cann, solicitor, 17, Fenchurch-street, E.C.,
dlesex, widow. Nov. 10; G. B. Wheeler, solicitor, si, Bed-
ford-row, London.
DONNISON (Jas.). Moss Side, near Manchester, gentleman,

Nov. 29; Claye and Son, solicitors, 8, St. James's-square,
Manchester.
EDGE (Rev. Chas. F.), Nedging, Suffolk, clerk in holy
orders. Nov. 16; S. Westhorp, 82, Museum-street, Ips
FAIREY (SAMUEL), St. Neot's, Hants, gentleman. Dec. 11:
Beedham and Son, solicitors, Kimbolton, Hants.
FERGUSON (George), Esq., Chiswick-street, Carlisle. Dec.
22; S. and S. G. Saul, solicitors, Carlisle.

wich.

HARTLEY (Edward), Redcar, Yorkshire, stud groom. Nov.
HEWITSON (Jane), Rose Cottage, Stratford-green, Essex.
1; J. R. Tomlin, solicitor, Richmond, Yorkshire.
widow. Dec. 12; Symes, Sandilands, and Humphry, sul-
citors, 33, Fenchurch-street, E.C.

HINCHLIFFE (Jonathan), 2. Ann's-cottages, Canal-bank,
Commercial-road, Peckham, Surrey, stonemason. Oct.
31; Bannister and Robinson, solicitors, Rectory House.
HIRST Matthew Henry), Huddersfield, Yorkshire, gentle-
Martin's-lane, Cannon-street, E.C.
man. Dec. 1; A. H. Owen, solicitor, Station-street.
Huddersfield.
HOOPER (George). Newport, Berkeley, Gloucestershire,
gentleman. Jan. 1, 1873; Jas. Perrin, solicitor, Wotton-
under-Edge.
JONES (Wm. Ford, Salop, gentleman. Jan. 1: Willoughby
and Cox, solicitors, 13, Clifford's-inn, Fleet-street, E.C.
LANGSLOW (Richard S.), Esq., formerly of Lalebam, and late
of Hatton, Middlesex. Nov. 1; Gregory and Co., sulic-
tors, 1, Bedford-row, W.C.
LAWRENCE (Mary Elizabeth), formerly of Park-road, Norb

ton, Surrey. widow. Nov. 2; H. Hill, solicitor, 30, Queen
street, Cheapside, E.C.
MOORE (Admiral Thos. E. L.), Stonehouse, near Plymouth.
Nov. 10: W. B. Forfar, solicitor, S, Courtenay-street, Ply.
mouth, Devon.
MILES (Elizabeth), Vardley, near Stony Stratford, Backs.
Nov.2; W. M. M. Whitehouse, solicitor, 26, Charles-street.
St. James-square, Middlesex.

NEAL (Robert), Hill Farm, Warden, Beds., farmer, Nov.
22; A. S. Wadegery, solicitor, Shefford.
NICKOLLS (William), Fletton, Huntingdonshire, gentleman.
Jan. 6, 1873; Broughton and Wyman, solicitors, Peter
borough.
OLDFIELD (Alfred), Esq., formerly a Major in Her Majesty's
15th Regiment of Foot, late of 36, Bury-street, St. James's,
Middlesex. Nov. 4; Duncan and Murton, solicitors,
Bloomsbury-square.
RICHARDSON (Joseph), 37, Great Portland-street, Saint
Marylebone, Mddlesex, builder. Nov. 16; Rhodes and
SAGE (Harriett Margaret), Dawlish, Devon, spinster, Dec.
Son, solicitors, 63, Chancery-lane.

8; J. G. Chilcott, solicitor, Truro.

SALTER (George formerly of Sidbury, Devon, late of
South Parade, Bath, Somerset, Esq. Nov. 11; Dary ad
Son, solicitors, Ottery St. Mary, Devon.
SKEY (Frederic C.), 24, Mount-street, Grosvenor-square,
Middlesex, surgeon. Jan. 7; Bischoff and Co., solicitors,
4, Great Winchester-street Buildings, E.C.
SMITH (Mary), 28, Millicent-street, Cardiff. Oct. 19; Grover
and Grover, solicitors. Crockherbtown, Cardiff.
STEPHENSON (George), Beverley, Yorkshire, Esq. Dec. 16:
Shepherd, Crust, Todd, and Mills, solicitors, Beverley.
STEWART (Laurence R.). Riverside-house, Strand-on-the
Green, Middlesex, gentleman. Nov. 11; E. W. Sealt
solicitor, 35, Lincoln's-inn-fields, W.C.
SwOFFER (Edward), Faversham, Kent, gentleman. Dec.
12; Tassell and Son, solicitors, Faversham.
WESTON (Mary Nettleship), formerly of Brailsford Villa,
Dawson-place, Bayswater, also of Dawson-place, Bays
water, and of Orchard-street, Portman-square, Middlesex.
Nov. 16; Paine and Hammons, solicitors, 16, Furnival's-

Inn.

WESTALL (Thomas), 11, Milner-square, Islington, Middiesex, and 6, Leadenhall-street, E.C., gentleman. Nov. 20; Westall and Co, solicitors, Leadenhall-street, E.C. WILLDER (Edwin), Tithebarn-street, Liverpool. licensed victualler. Nov. 1; T. and T. Martin, solicitors, 48, Castlestreet, Liverpool."

REPORTS OF SALES.

Thursday, Sept. 26.

By Messrs. DANIEL, SMITH, SON, and OAKLEY, at Maidstone.
Kent, near Maidstone.-Great Budd's and Little Budd's
Farm, containing 53a. 3r. 13p.-sold for £2000.

An enclosure, containing 28a. Or. 7p.-sold for £800.
A plot of woodland, containing la. 2r. Op.-sold for £30.
Two cottages with gardens-sold for £60.

By Messrs. DRIVER, at Kingston.

Herefordshire, near Kingston.-The Hope Farm, containing 130a. Ir. 17p., freehold-sold for £6100.

Friday, Sept. 27.

By Messrs. DRIVER at Exeter.

Devonshire, near Crediton.-Brock's Farm, containing 57a.
1r. 26p., freehold-sold for £2725.
Paynston.-Three cottages with gardens-sold for €148.
Exmouth, near.-The Parsonage farm, containing 62a. 1r.
11p., freehold-sold for £2550.

Wellington, near.-Quairt's Farm containing 38a. 1r. 15p.-
sold, in six lots, for £1845.

Culmstock, near. The freehold Serge Factory, with 13a. 2r.
16p, and the shafting and mill gear-sold for £1450.
A plot of land, containing 1r.-sol 1 for £15.

Exeter Union-rood.-A plot of land, containing 2r.-sold for
£265.

Thursday, Oct. 3.

By Messrs. WILKINSON and HORNE, at Garraway's.
City, Ironmonger-lane.-The lease and goodwill of Mullen's
Hotel, term five years-sold for £1600.

Borough.

Birmingham

Bolton

Bridgwater
Brighton

Canterbury
Carmarthen

Highbury-vale.-No. 4, College-street, freehold-sold for | doubted if they would be prepared to take on

£200.

By Messrs. NEWBON and HARDING, at the Mart.
Forest-hill.-Honor Oak, a plot of land, containing la. Sr.
28p.-sold for £1110.
Greenwich.-Nos. 5, and 7, Thornton-row, freehold-sold
for £620 each.

No. 9, adjoining-sold for £625.

Nos. 13, 15, and 15A, Thornton-row-sold for £950,

for £160.

Clerkenwell.-No. 18, Whiskin-street, term 16 years-sold
Euston-road.-Nos. 22 and 22A, South Crescent-mews, term
34 years-sold for £70.

£1130.

Blackfriars-road.-No. 79, with stabling, freehold-sold for
Clerkenwell.-Nos. 1 and 2, Suffolk-street, term 30 years-
Bermondsey.-Powell's Wharf, freehold granary-sold for

sold for £545.

£1000.

Nos. 19 to 24, Cottage-row, term 49 years-sold for £750.
No. 24, Princes-road, term 45 years-sold for £160.
No. 43, same street, freehold-sold for £250.

themselves the duty of compulsory attendance at every sessions, which is involved in their acceptance of the office of chairman. Mr. Addison says they might be magistrates, but not necessarily chairmen. If a nobleman was willing to be chairman (as Lord Derby was at Kirkdale), though unable, from greater engagements, to give constant attendance, he should be sorry to lose this advantage to the public. Mr. Cross answers the question by saying that the County Court judges may now, if they please, qualify as justices without property qualification, and are often of great use. Recorders, he says, seldom live in the county and would be of no use; they would be of more use as members of the court,

New-cross.-No. 83, Florence-road, term 58 years-sold for and would often attend in cases of difficulty,

£305.

South Norwood.-Woodside-road, a plot of land-sold for £50.
The Reversionary Life Interest of a lady aged 26 years, in
£2147 188. 1d. Consols, on a life aged 69 years-sold for £345.
Tuesday, Oct. 8.

By Messrs. GREEN and SON, at the Mart.
Gravesend.-The Rosherville Gardens, comprising 15 acres,
term 64 years-sold for £24,600.

By Messrs. C. and H. WHITE.

whereas they could not attend as constant chairmen, and if they did magistrates would practically cease to attend. Mr. Townshend thinks that County Court judges have already as much as they can attend to, and that, therefore, recorders of boroughs would be preferable. Lord Derby thinks the suggestion that the court of quarter sessions,

Camberwell-road.-No. 30, Brunswick-terrace, term 51 years if the jurisdiction is extended, should have power

-sold for £310.

No. 1, Grosvenor-park, term 41 years-sold for £275.
Ns. 2. adjoining-sold for £295.
Westrainster, No. 27, Coburg-row, term 24 years-sold for
£175.
No. 264, Buckingham-cottages, term 33 years-sold for £540.

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to send cases of difficulty for trial at the assizes a good one; Mr. Cross has no objection to it; Mr. Addison replies in the negative; and Mr. Townshend thinks it should rest with the committing magistrate to send any case to trial at the assizes which he considers to be too serious for quarter sessions. Mr. Cross and Mr. Addison think the present system of appeals to and from quarter sessions is satisfactory. Lord Derby says he has heard no complaints on the subject. Mr. Townshend considers the present system very unsatisfactory, and he suggests that previous to any T. R. T. Hodgson appeal being commenced the chairman should

Clerk of the Peace.

J. Gordon.

J. Trevor.

E. Evershed.
H. T. Sankey.
J. H. Barker.
J. Walker.

F. W. Jones.

What notice of appeal to be given.

A. R. Adams, Esq., Q.C.

14 days

S. Pope, Esq., Q.C.

10 days

P. H. Edlin, Esq., Q.C.

14 days

J.Locke, Esq.,Q.C.,M.P.

2 days

J. Deedes, Esq..

J. Johnes, Esq..

10 days

Chester

H. Lloyd, Esq.

10 days

Chichester

J. J. Johnson, Esq., Q.C.

10 days

E. Titchener.

Colchester

F. A. Philbrick, Esq..

8 days

Devonport.

H. T. Cole, Esq., Q.C....

10 days

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Monday, Oct. 21.
Monday, Oct. 14
Monday, Oct. 14
Monday, Oct. 14.
Monday, Oct. 14
Friday, Oct. 25
Monday, Oct. 21
Thursday, Oct. 17.
Tuesday, Oct. 15
Wednesday, Oct. 16
Friday, Oct. 18
Monday, Oct. 14
Saturday, Oct. 19
Friday, Oct. 18
Friday, Oct. 17
Monday, Oct. 14

E. J. Meynell, Esq..

10 days

Sir W. H. Bodkin, Knt.
G. Francis, Esq.

2 days

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C.S.Whitmore, Esq.,Q.C
Simms Reeve, Esq.
R. H. Hurst, Esq., M.P.
R. J. Biron, Esq.
S. Warren, Esq., Q.C....
H. W. Cripps, Esq., Q.C.
W.D.Seymour, Esq.,Q.C
J. H. Brewer, Esq.
C. S. C. Bowen, Esq.

7 days

I. Preston, jun.

14 days

G. Meadows.

8 days Statutory. 8 days

J. Clayton.

10 days

C. Hughes.

10 days

W. Borlase.

H. T. Cole, Esq, Q.C....

14 days

J. F. Collier, Esq...

12 days

R. E. Moore.
G. B. Aldridge.

Mr. Serjeant Cox

10 days

J. Howard.

F. Barrow, Esq.

8 days

Salisbury

J. D. Chambers, Esq..

10 days

F. Hodding.

Shrewsbury

W. F. F. Boughey, Esq.

14 days

Stamford

Hon. E. C. Leigh

10 days

R. Clarke.
J. Torkington.

Tewkesbury Winchester

J. Fallon, Esq.
A.J. Stephens, Esq.,Q.C.

14 days

14 days

Kingston-on-Hull

Monday, Oct. 14
Monday, Oct. 14
Saturday, Oct. 26
Friday, Oct. 18
Mouday, Oct. 14

THE REORGANISATION OF QUARTER

SESSIONS.

OPINIONS OF LANCASHIRE AND CHESHIRE
MAGISTRATES.

W. S. Smith.

W. W. Hayward.

W. Winterbotham.
W. Bailey.

name a certain number of the magistrates present to hear it, and that those only who have been so named should have any voice in the decision of the court. He thinks the provisions of the Act as to appeals from petty sessions might be applied with advantage to quarter sessions. He also does not consider that rating appeals are satisfactorily tried at quarter sessions. Lord Derby states that he has heard no complaints as to the manner in which rating appeals have been tried at Kirkdale, and Mr. Cross considers the quarter sessions a most capital tribunal for bringing such cases to a head. Mr. Addison also says that upon the whole R. Champney, jun. such appeals have been satisfactorily tried at C. Simpson. Preston. All agree that it would not be expedient to transfer any part of the criminal business at quarter sessions to county courts. Mr. Addison thinks it would be expedient to extend the powers of the Act for diminishing delay in the administration of criminal justice by giving increased jurisdiction to magistrates in petty sessions, but Mr. Townshend is of a contrary opinion. Lord Derby and Mr. Cross express no opinion upon the point. In reply to the question as to whether the present scale of costs allowed for prosecutions at quarter sessions is satisfactory, Mr. Townshend says he considers it quite sufficient. Mr. Cross says he has no objection to the present scale of costs, but he thinks magistrates' clerks often think if they can screw the case to the assizes they will make a bigger thing of it. The commissioners next ask whether there is reason to believe that exorbitant costs are sometimes obtained from prisoners or their friends for defences. Mr. Cross says "No, not at all," which is very creditable to the attorneys attending Kirkdale quarter sessions, as, from the opinions of the chairmen at quarter sessions generally, it seems to be rare that there is a sessional district in which exorbitant sums are not demanded. Mr. Addison says he believes there are some abuses of that kind, and recommends a taxation by the clerk of the peace, under the control of the chairman, excluding all power to sue at law. Mr. Townshend also says he is inclined to believe that in some cases exorbitant costs are obtained from the friends of prisoners for their defence, and that it would be most desirable to prevent this being done if possible. Mr. Townshend answers the last question submitted to him by suggesting the abolition of grand juries at quarter sessions, and that the petty jury should be sworn only once in the day unless a juror is changed, reserving to the prisoner the right to object to any juror before he is out on his trial, and that it should no longer be necessary to swear the jury a second time before they try a prisoner for misdemeanor.

line. For example, he would not send a burglar to the assizes who only deserved six weeks' imprisonment for stealing a bit of cheese out of a pantry after nine o'clock. Mr. T. B. Addison, ONE of the matters which the Judicature Commis- chairman of quarter sessions, Preston, would in sioners were appointed to inquire into was as to crease the jurisdiction by repealing Lord Campwhether it is expedient to amend the jurisdiction bell's Act, but Mr. L. P. Townshend, chairman of or procedure of quarter sessions. In order to quarter sessions, Cheshire, does not consider it arrive at a conclusion upon these points, the com- desirable either to increase or lessen the jurisdicmissioners addressed questions, seventeen in num- tion. To the question whether it is desirable to ber, to the chairmen of quarter sessions through- appoint a stipendiary chairman of county quarter out England and Wales, and also to barristers who sessions Mr. Cross and Mr. Addison both say no, had extensive practice in both the criminal and whilst Mr. Townshend is of opinion that in many civil business of such courts, and who, therefore, counties it would be desirable; but the general were able to make valuable suggestions as to any opinion of the magistrates of Cheshire is that changes which they might think desirable. The it would not. Lord Derby says, as a lay chaircommissioners have not yet reported with respect man of quarter sessions, having been so since to quarter sessions, but the answers to the ques- 1856, he is perhaps not in a position to judge tions which they issued have been printed in a impartially on the question. In practice he had parliamentary blue-book, and it will not be without found the criminal business with which he had interest to examine them-and especially the re- to deal of a very simple character, requiring plies of the chairmen of quarter sessions of this only close attention and accuracy in matters district-as they will afford an indication of what of fact. The legal points raised had been few; changes in the jurisdiction and procedure of such but he had always endeavoured to courts, if any, may be suggested by the commis- the presence and aid on the bench of some one sioners. The first question asked by the commis- magistrate at least who had had a legal training, sioners is as to whether it is desirable to increase or and this assistance he had almost invariably been lessen the jurisdiction of quarter sessions. To able to obtain. If a stipendiary be appointed, his this Lord Derby replies that the line of demarca- lordship thinks the other magistrates will be apt tion drawn between offences triable at quarter to consider that the whole responsibility rests on sessions and those which are not so is not logical him, and will not care to attend-that is, when or satisfactory. His lordship says that many cases criminal business is being dealt with. The comare taken at the assizes which are neither more com- missioners next ask whether it would be expedient plicated or difficult in a legal point of view, nor that the recorders of boroughs within the county, more serious in regard to the severity of sentence or County Court judges, should be ex-officio which they involve than those dealt with at ses- magistrates, and, whether or not, act as chairman sessions. He does not think the magistrates in of county quarter sessions. Lord Derby sees no quarter sessions ought to have power to inflict objection to part of this proposal, and says that heavier punishment than is at present within their at Kirkdale they have always been assisted by one competence; but he sees no reason why all offences or other of the County Court judges having adnot involving a heavier sentence than that which joining districts, and the magistrates owed much they have now power to impose should not come to their valuable help. But it was understood within their jurisdiction. Mr. R. A. Cross, M.P., that their work in their own courts was heavy would not substantially increase the jurisdiction, (his lordship spoke of Lancashire only, not knowbut by all means would remove the hard and fasting what may be the case elsewhere), and he

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Most of the chairmen of quarter sessions agree in increasing the jurisdiction, so as to include such cases as burglary without violence, arson, and such-like offences. With reference to the exorbitant costs sometimes obtained from prisoners or their friends for defences, some extraordinary testimony is given by Mr. T. Campbell Foster, barrister, now of Leeds, and who for several years practised at the Liverpool sessions before the recorder and Mr. R. Harington, barrister, of the Oxford circuit Mr. Foster says-" Although many highly respectable attorneys practise in the criminal courts, yet it is also true that the defence

of prisoners sometimes gets intrusted to less scrupulous hands. The ordinary course in such cases is to get from the prisoner or his friends as much as ever they can pay for his defence, quite irrespective of what is a proper payment for the service rendered. The usual excuse put forward is that counsel's fees are so high.' In this way £10, £15, or £20, and frequently much higher sums are obtained from a prisoner or his friends for his adequate defence, when two or three guineas have been given to counsel, who has been furnished with a copy of the depositions. The attorney pockets the rest for his day's attendance, conferring with the prisoner, and obtaining a copy of the depositions." Mr. Harington says on the same point, "I believe it to be a common practice for a prisoner's attorney to extort large sums from the prisoners and their friends under the pretence that the counsel whom they wish retained will not go into court without an exorbitant fee. The brief is then delivered with an ordinary or small fee marked, which has, in instances of which I have heard upon authority which I cannot doubt, been altered, after the receipt signed, by the addition of a cipher, so as to make a three guinea fee appear thirty guineas, and the like." Mr. Harington thinks it would be advisable that the Law Society should be invited to turn its attention to this class of fraud.

COMPANY LAW.

NOTES OF NEW DECISIONS. RAILWAY-TOLLS-CHARGE FOR STOPPINGTERMINUS À QUO.- By 8 & 9 Vict. c. clxix. s. 104, the railway company were empowered to demand, in respect of coals conveyed upon their railway, tolls not exceeding d. per ton per mile. And by sect. 105 for articles conveyed on the railway for a less distance than four miles, "the company may demand, in addition to the prescribed tolls for conveyance, a reasonable charge for the expense of stopping, loading, and unloading." 24 & 25 Vict. c. ccxvii. s. 26, enacts that the maximum rates to be taken by the company for the conveyance of all things, including the tolls for the user of the railway, for carriages (when provided by the company), and for locomotive power, and every other expense incidental to the conveyance, except a reasonable sum for loading, covering, and unloading of goods at any terminal station of such goods, and for delivery and collection, and any other services incidental to the business or duty of a carrier, shall not exceed the sums following, that is to say for coals, 1d, a ton a mile. The defendants, a number of separate colliery owners, in the course of their business loaded coals into their own trucks, at their respective mines, and sent the trucks so loaded, by the B. and M. T. Railway to a terminal junction on the plaintiff's line, whereupon the plaintiff's sent an engine to fetch the train of trucks thence, and to draw the same along their own line, in order to deliver the trucks at the wharves of the different freighters. The plaintiffs' engine had to stop at the junction and occasionally wait there during a period of about half an hour, for the arrival of the defendants' trucks. The Court of Exchequer held that this was a "stopping" for which a reasonable charge might be legally made by the plaintiffs, under sect. 105, in addition to the tolls for conveyance: and that the limitation of rates by 24 & 25 Vict. c. cexxiii. s. 26, to ld. a ton per mile for coals did not comprise or include such charge for stoppage which was not incidental to the conveyance of the goods. The Court of Exchequer Chamber affirmed that judgment: (Monmouthshire Railway Company v. Williams, 27 L. T. Rep. N.S. 134. Ex. Ch.)

COUNTY COURTS.

GODALMING COUNTY COURT. Thursday, Sept. 19. CROFTS v. REDMAN. Frincipal and agent. THIS case was heard last court by his Honour the judge (H. J. Stonor, Esq.). It was an action brought by the plaintiff, a labouring man residing at Headley, to recover £11 14s. the value of eight loads of powder wood which he had intrusted to the defendant to sell. It appeared that the defendant sold the wood to a buyer who, before paying for it, became a bankrupt. The plaintiff believing that the defendant had not exercised proper care in inquiring into the purchaser's circumstances, brought his action to recover the value of the wood.

The learned REGISTRAR now read his Honour's judgment as follows:-In this case the defendant, as agent for the plaintiff, sold eight loads of powder wood for £11 14s. to a purchaser who failed in payment for the same, and whose estate is now in liquidation and insolvent. The goods

were intrusted to the defendant in June, sold by him early in August, and the plaintiff informed of the sale on the 26th Sept. On the sale the defendant forwarded the goods to the purchaser, relying on receiving a cheque in return, which it was admitted was the usual and proper course of dealing in the trade. The purchaser failed to send the cheque, and the plaintiff contends, and rightly, that the defendant was guilty of neglect in not informing him immediately of such default, which of course he did not do until he informed him of the sale on the 26th Sept. The plaintiff, however, when he received that information, took no steps to recover the money by action or debtors' summons, but allowed the purchaser still further time. Eventually, on the 9th Jan. 1872, the purchaser filed his petition for liquidation, and his estate is now in course of administration, and is expected to yield a dividend, but not to prove solvent. The plaintiff seeks to render the defendant liable for the whole debt, leaving him to receive whatever dividend may be paid. I think that the plaintiff must be nonsuited, on the ground that he condoned and waived the neglect on the part of the defendant, and, in fact, extended the credit to the purchaser of which he complains. At all events until the purchaser's estate is fully administered this action is premature. The points of law involved in this case are, however, not free from doubt or difficulty, and there may be adIditional circumstances which are not before the court. The plaintiff will have an opportunity of bringing another action after the purchaser's estate is administered.

Nonsuit without costs.

BANKRUPTCY LAW.

NOTES OF NEW DECISIONS.

BANKRUPTCY ACT 1869 (32 & 33 VICT. c. 71) SECTS. 92 AND 125-DEBTOR AND CREDITORPETITION BY DEBTOR FOR LIQUIDATION GUARANTEE GIVEN TO CREDITOR NOT TO OPPOSE-FRAUDULENT PREFERENCE.- Declaration, that A. was indebted to the plaintiff in £7218 upon certain bills of exchange drawn and accepted by A., and was also indebted in divers sums to divers other persons, and being unable to pay the said several liabilities, he filed his petition, and instituted proceedings in the Bankruptcy Court, under the Bankruptcy Act 1869, for liquidation by arrangement or composition with his said creditors, and in consideration that the plaintiff would not oppose such petition or proceedings, or take proceedings in bankruptcy against A., the defendant guaranteed the plaintiff that the ultimate loss of the plaintiff in respect of the said drafts and acceptances should not amount to more than £2000, and that the defendant would within nine months from 7th Sept. 1870, pay to the plaintiff such sum as should then be found due to the plaintiff in respect of the said drafts and acceptances over and above the said sum of £2000. Averment, that at the expiration of the said nine months, there was due to the plaintiff in respect of the said drafts and acceptances, £2679 over and above the said £2000, and although the plaintiff did not oppose the said petition or proceedings filed and instituted by A. as aforesaid, or take proceedings in bankruptcy against A., and although all conditions, &c., were fulfilled, &c., yet A. has not, nor has the defendant, or any other person, paid to the plaintiff the said sum of £2679, and the same remains due to the plaintiff over and above the said sum of £2000. Plea, that the said agreement was made between the plaintiff and the defendant without the knowledge and consent of the creditors of A., who were to be bound and affected by the said proceedings in the said Bankruptcy Court, and for the purpose of giving the plaintiff a fraudulent preference over other creditors, contrary to the form and effect of the statute in such case made. Held, on demurrer (by Martin, Bramwell, and Pigott, BB.), to be a good plea, on the ground that the agreement entered into between the plaintiff and the defendant was fraudulent as giving to the plaintiff a possible advantage over the other creditors of A., and so was contrary to the spirit and policy of the bankruptcy law, which intended that all the creditors of a debtor should stand on an equal footing: (McKewan v. Sanderson, 27 L. T. Rep. N. S. 157. Ex.)

LEGAL NEWS.

THE DEATH OF MR. JUSTICE WILLES. THE circumstances attending this unfortunate event were related at the inquest held on Thursday in last week by Mr. Brabant at the late judge's residence, Otterspool.

Mr. John James Barnes said he had been clerk to the deceased for nearly thirty-two years. His health began to break about ten or eleven years ago, on the death of his favourite brother. He was then affected very much, and told witness at

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the funeral he never should forget it. The im pression, however, seemed to wear off in about a twelvemonth. About three years back, when on the Northern Circuit, he was attacked with the gout, and had to be carried into court. The disease affected his spirits, and he became very irritable. He had another attack last winter's gaol delivery. He came home from the Northern Circuit, from Liverpool, on the 24th Aug. He had been on circuit several weeks. It was a very heavy circuit sheer hard work, without any interval. The deceased told witness when he left Liverpool that he should sleep for a fortnight or three weeks, for he required rest. A week last Tuesday witness came down to Otterspool in consequence of a letter of invitation he received from him. The deceased had usually invited him down every year he had lived at Otterspool. As soon as he saw him deceased shook hands with him, but there wanted the usual friendly clutch, and his manner was different. Witness asked him how he was. He said, "I am tired and sleepy-can't get rest.' He had been at home then more than three wreks. He said, "I have had no sleep for nearly a fortnight." Witness said, "What have you been doing ?" He replied, Reading German.". Witness said, "God bless my soul; why don't you take rest?" He replied, "I thought that would be a rest and a change; I have been working too hard." The time of working on circuit each day was very long, and on one occasion, when he waited for a verdict, it was half-past twelve before he left the court at Liverpool. Witness had seen him once or twice every day since he came down there. He did not spend so much time with witness a usual, but rather secluded himself. Possibly he was with him an hour or two hours each day. Witness noticed a great change in him. There was a peculiar glassiness in his eyes. His memory also failed him. When he laid down his pen or his papers he could not find them again. There was a vacancy about him. He would turn on his heel and walk suddenly away, which was not his usual custom. He used to talk freely on miscellaneous subjects, but lately he would merely make a single remark and become silent. On Mon day he gave witness a cheque for £250, and requested him to go to the Bank of England and get it cashed, all in £5 notes. Witness did so, and with one of the notes paid a bill of £1 128., at a place in the Strand, as he had been directed When he returned, he gave the deceased the change and the other £5 notes. He had never given him a check for £250 before, nor required the money in £5 notes; he usually had gold. He then asked, What do I owe you ?" Witness said, "I really don't know; perhaps £14 or £15; but it's impossible to say; it's no matter; let it stand until Term time. I have not settled the circuit accounts with Mr. Justice Brett's clerk, and cannot do so till Term. I shall receive money from his clerk, but shall have to pay a wine merchant's bill, about £60, I expect.' He said, "Never mind, I'll give you £10 on account.' said, "Oh, nonsense.'

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Witness He gave witness two £5 knew him to give him anything on account. He That was the only time witness ever looked at him strangely, turned on his heel, and walked away. The next witness saw of him was after dinner the same day. He came into the dining-room and said, "Well, how are you getting on; have you finished the notes ?" Witness said, "No, I am tired." He then said, "Where's the portion you have done?" Witness went to his little room and produced the papers, saying, “Will you examine them?" He said, "I will." Wit them by his book. He did not seem to do it with ness read the papers through and he checked his usual vigour, and although there were several blanks left to fill up he passed them, saying, "Never mind, go on." He lost his pen during the time. When he had done he got up and left the room without saying anything. He did not say "Good night," as usual. On Tuesday morn; ing witness got up early and commenced finishing the notes before breakfast. About half-past 10 the butler came to him and said, "If you want to see the judge he's in the drawing room." Witness went there and found him writing, and said, "I have finished the notes." He did not turn round, went on writing, and said, "I don't want them; I shall not send them." He finished the letter he was writing, read it to witness, and said, "What do you think of that ?" Witness said, "I should have thought that you would have recommended a mitigation, and not a remission." The letter was to the Home Secretary concerning a sentence in a criminal case. He replied, "He is a young man, a sailor, and I think he has suffered enough. Witness replied, "Well, perhaps he has; he had a great deal of provocation, poor fellow, and he will have had two years and nine months." The deceased was about to seal up the letter in the envelope without the petition, and witness called his attention to it. He then put the petition in, sealed the letter, and handed it to me not addressed. It was his custom to address all letters to the Government himself. That was one of his peculiarities. After he had addressed

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it witness saw that the convict's number was not filled in, and called his attention to it. He never knew him to make such mistakes as these before. He next saw him in the afternoon, when he came to witness's room and said, "How are you getting on ?" Witness said, "Very well." He then noticed that he looked terribly miserable and depressed. He complained that he was tired and sleepy. Witness said to him, "Have you had bad news?" He said, Why?" Witness said, "You look so depressed and miserable, worse than ever I saw you in my life." He said nothing, but turned round and witness observed a tear in his eye. He was under medical treatment. He walked hurriedly away, and witness saw no more of him that day. On Wednesday morning, about 2 o'clock, witness, not being able to sleep, got up and looked out of the window. He passed a sleepless night, and got up at 7 o'clock. He then heard a fall and a scream in the direction of the judge's sleeping room. At that moment one of the female servants knocked at the door. He ran down in two or three seconds. On going down to the dressing room he found him lying there on the floor. His eyes were three parts open. Witness called for brandy, put two or three spoonfuls into his mouth, and sent the coachman into Wat ford for a doctor. Witness observed a revolver lying near his right knee, as if it had tumbled there from his hand when he fell. He saw a wound over his heart and put his hand to it. There was only a little trickling of blood. His eyes closed in about ten minutes. Dr. Brett came in about three-quarters of an hour. The deceased had always evinced the greatest horror of self-destruction when anything of the kind came before him. No one could be more particular than he was in criminal cases about firearms being loaded when brought into court. He was afraid of firearms, and was no sportsman. The revolver was purchased by Lady Willes's brother some years ago, and was kept in the house for protection from burglars. It was kept in a case on the mantel piece of the dressing-room.

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Dr. A. T. Brett said that he had known the deceased for some eight years. He had often attended him during his residence at Otterspool. About five years ago he suffered from inflammation of the lungs and disease of the heart, which nearly proved fatal. He had always been very delicate since witness had known him, and required great care and nursing. He was not usually nervous about his health. During the last three years witness had attended him for three or four attacks of gout. This year he attended him during the whole of January and February and part of March. Since then he had not seen him until lately, as he had been on circuit. About three weeks ago witness called at his house him, and asked him how he was. He said, "I feel worn out, and I mean to go to sleep for a fortnight." Witness thought he looked very ill and worried, which might be owing partly to his health and partly to his three sisters being ill. One day he had a telegram saying that one of his sisters was much worse, and he did not sleep all night. Witness next saw him last Tuesday week on a matter of business. He went up in the library to him. He was sitting in a chair reading some papers. All the time witness was talking to him he covered his head with his hands, as if worried. Witness called to ask him to take the chair and give away the prizes to the Watford Science and Art Class. He said Lord Essex and Lord Ebury ought to be asked first, and if they could not attend he would think of it. Witness called the next day and found that he had gone to Munden. He met him about a mile from his home, and received from him a note, in which he declined to attend the meeting from personal reasons. On Friday, the 27th, witness had a letter from Lady Willes, saying that the judge had caught a bad cold. He went to see him immediately, about twelve o'clock, and found him in bed. He looked depressed. For the first time he spoke anxiously about himself. Some remark showed that he was really anxious about his health. He described his symptoms more minutely than usual. After examining him, witness told him he was suffering from suppressed or undeveloped gout, which was affecting the heart. The pulsations intermitted sixteen times in each minute. He prescribed for him. Witness saw him again on the 28th, and again on Sunday, when he was walking about the house. As he was rather better, witness did not go on Monday. On Thursday he saw him about four o'clock. He walked into the drawing room. He said, "Well, I've thrown off my He did not finish the sentence, but seemed lost. His pulse was better, and did not stop so often. He made no remark whatever, which was out of his usual way. He sat with a fixed look towards the corner of the room. Judging from what has happened, witness should say the disease affected his brain. He spoke of different subjects, trying to draw him out in conversation, but he made no remark. He used to enjoy a chat very much. On one occasion witness spoke about his taking a change before Term

began, when he said that he did not feel safe to go. Witness shook hands with him and left the drawing room. He did not come to the door, as he used to be very particular in doing. His manner was certainly altered. Witness was called to see him about eight o'clock on Wednesday morning. He was dead, with a wound about an inch below the nipple towards the sternum. He should think the shot penetrated the heart or the larger vessels. He thought the suppressed gout affected the heart and the brain at the same time.

Replying to the foreman, witness said he thought the judge was rather an absent man. He had never known him to be strong; he had always had heart disease, and was only kept going with the greatest possible care.

This was all the evidence.

At the request of the coroner, Inspector Lucas, of the S division, fired the chambers of the revolver that were charged. It then appeared that four were loaded.

The jury returned as their verdict that "Sir J. S. Willes shot himself with a pistol, not being at the time of sound mind."

The funeral took place on Monday after. noon at Brompton Cemetery. The proceedings were of a private character. The cortége consisted of a hearse and two mourning coaches, followed by the private carriage of the deceased judge and that of Mr. Chitty, the judge's old master, the eminent special pleader. The funeral left Otterspool shortly after nine o'clock. Very few persons were present to witness the departure. The body was inclosed in a shell and black cloth-covered coffin without ornament of any kind, the black plate on the lid recording as follows: "The Right Hon. Sir James Shaw Willes, Knt. Died Oct, 2nd, 1872. Aged 58 years." The first mourning carriage was occupied by the Messrs. Jennings (the brothers of Lady Willes) and Mr. Chitty. The second carriage conveyed Mr. J. W. Chitty, his younger brother, and Mr. Barnes, the body clerk of the late judge. The procession, which proceeded by way of Bushey Heath, arrived at the cemetery at two o'clock, the private carriages that followed alone distinguishing it from the many that daily pass that way. The coffin was removed into the chapel, where the first portion of the service was impressively performed by the Rev. Mr. Vesey, one of the chaplains, and was then conveyed to the grave, which had been dug about twenty yards from the pathway, at the north-west corner of the west catacomb. It was an ordinary earth grave, not bricked, and allowing room for the sepulture of one more person only.

THE LORD CHANCELLORSHIP.-It is, perhaps, worthy of notice that, since Lord Eldon, who sat upon the Woolsack as Lord High Chancellor from 1801 to 1827, with only the interval of a few months, with the exception of Lord Westbury, who sat from 1861 to 1865, the Great Seal has not been placed in the hands of an Oxford man until the present occasion. Lord Erskine was educated for the Navy, and served in both that profession and the Army; Lord Lyndhurst was at Cambridge, Lord Brougham at Edinburgh, Lord Cottenham and Lord Cranworth at Cambridge; Lord Chelmsford was brought up for the Navy, and was never at a university at all; Lord Truro began life as a solicitor; Lord St. Leonard's had no college training; Lord Cairns is a graduate of Dublin; Lord Hatherley is a Cambridge man; and Lord Campbell was an alumnus of the University of St. Andrew's. Lord Eldon was twice appointed Lord Chancellor; Lord Cottenham twice; Lord Chelmsford twice; Lord Cranworth also twice. Lord Lyndhurst was the only individual in the present century who was nominated Lord Chancellor a third time. It is usually said that the Lord Chancellor is the highest legal officer of the Crown; but this is not strictly true, in theory at least. At all events, in Haydn's Manual of Dignities he is styled the "second great officer of the Crown," the Lord High Steward being placed before him. Since the reign of Heny III., how. ever, this office has been revived from time to time on special occasions, pro hâc vice, as, for instance, either at a coronation or at the trial of a peer. According to the same authority, the office of Lord Chancellor in olden times was conferred upon some dignified clergyman, remarkable for his knowledge of the Civil Law; it has not, however, been entrusted to a clergyman since the age of Mary I., with the exception of a short time in the time of Charles I., when John Williams, Bishop of Lincoln, sat on the Woolsack with the title of Lord Keeper. After the Princesses of the Blood Royal, and subject to there being no Lord High Steward, the Lord Chancellor is the first lay subject in the land, ranking after the Archbishop of Canterbury, but above the Archbishop of York, and is reputed to be the "keeper of the king's conscience."

SUDDEN DEATH OF A SOLICITOR.-An inquest was held on Monday afternoon, at three o'clock, at the South-Eastern Railway Station, Dover, by the borough coroner, Mr. W. Payne, upon the body of Mr. Robert Brotherton Upton, who ex

pired suddenly, shortly after his arrival from the Continent in the mail steamer from Calais, on Saturday last. William Clement Upton, curate of Beckenham, Kent, deposed the deceased was his father. He was sixty-five years of age, and a solicitor practising at Austin Friars, London. He resided at Blackheath, and had been spending a month on the Continent. The deceased left witness upon their arrival at the Admiralty Pier, Dover, for the purpose of obtaining some refreshment at the railway station, intending the train to take him up there. Finding, however, it did not stop, he hurried back to the pier, and had not been seated in a first-class carriage more than a minute and a half when he suddenly fell to the floor and never spoke afterwards. The deceased had complained some two months since of giddiness in the head. Mr. J. W. Cobleck, M.R.C.S., L.R.C.P., deposed that upon his arrival at the Admiralty Pier at four o'clock on Saturday last he found the deceased extended on the floor of a first-class carriage attached to the mail train about to leave for London, by the South-Eastern Railway, quite dead. Judging by information received from various sources, it was his opinion that deceased died from disease of the heart, accelerated by the motion of the steamer crossing the channel. After some further evidence had been taken the jury returned a verdict to the above effect.

COURT OF CHANCERY FUNDS.-Monday was the first of three days for the re-opening of the office of the Accountant-General for the issuing of draughts for the payment of the October dividends. Before the next dividends are payable some new regulations will be made under the recent Act (35 & 36 Vict. c. 44) on the Court of Chancery Funds and the office of the AccountantGeneral. The Act received the royal assent on the 6th Aug., and on the day appointed for the commencement of the Act the office is to be abolished and the duties to be performed by the Paymaster-General. The Lord Chancellor, with the concurrence of the Treasury, is empowered to make rules as to the transfer of the AccountantGeneral's office to the Paymaster-General. The Lord Chancellor, with the advice and assistance of the Lords Justices and the other equity judges is to make orders for regulating the procedure and practice of the court. The Act, as regards the making of rules and general orders, is to come into operation on a day to be fixed by a rule to be made under the Act, which day is to be commencement" of the Act. rules are expected shortly to be issued. MR. B. T. WILLIAMS, of the Western Circuit, has been appointed recorder of Carmarthen.

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THE METROPOLITAN POLICE COURTS.-The fines and penalties at the metropolitan police courts in the year ended the 31st March amounted to £16,789 7s. 10d.

SIR J. D. COLERIDGE, in receiving a deputation of licensed victuallers at Exeter, on Wednesday, on the subject of the Licensing Act, admitted that some of the provisions of the measure were bad, and required amendment.

CORRESPONDENCE OF THE

PROFESSION.

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

RAILWAY LIABILITY.-A paper was read at the Social Science Congress at Plymouth, by a gentleman in favour of restricting the liability of railway companies, in cases of accidents to passengers. It was argued that nothing was paid by the passenger to compensate for this risk, and numerous instances were given of fraudulent claims, and of the wonderfully restorative influence of heavy damages on persons supposed to be permanently injured. It was answered that the companies are compensated by a small charge, spread over the whole of the railway traffic, and forming part of the fares, and it appeared to me fairly, upon the same principle as the expenses of the postage and the telegraph are paid, by a uniform charge for the whole of the letters and messages. But no answer was given in reference to the question of fraud. It is in this direction only that any relief can be claimed, and my proposal is that no action shall be maintainable against a railway company for compensation to a passenger for injury, until one year after the accident. As these frauds are alleged to be of so frequent occurrence, innocent claimants must be content to submit to some delay. But the railway companies may settle immediately if they think proper, and as an inducement to them to do so, the verdict or compromise shall, in the absence of special finding or agreement carry interest at the rate of 10 per cent. from the accident. Probably this will meet the eye of the reader of the paper at Plymouth.-J. R.

THE LORD MAYOR'S COURT.-Some time ago, in reply to some letters that appeared in your columns as to the advisability of procuring Parliamentary powers to the effect that affidavits

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