defendants: Held, that in such circumstances it was the case of the defendants to show that the plaintiffs had no title, and that they were entitled to the production. But correspondence between a client and his solicitor was held to be privileged from production, not merely where it related to the subject-matter of dispute then in existence, but as being correspondence between client and solicitor, or acting in the course of his business as solicitor: (Boyd v. Petrie, 20 L. T. Rep. N. S. 934. Ch.) CRANKSHAW (Richard), Blackburn. Sept. 30; J. Pickop, Solicitor, Blackburn, Lancashire. Nov. 4; V. C. J., at twelve. EDDISON (Booth), Nottingham. Sept. 18; Payne, Ford, and Co., solicitors, 70, Albion-street, Leeds. Nov. 4; V.C. S., at twelve. GOODALL (Abraham), Albany-street Barracks, Regent'spark. Sept. 29; J. L. Dale, solicitor, 8, Furnival's-inn. Nov. 8; V.C. M., at twelve. GOODALL (Sarah), 27, Wyvill-road, Wandsworth-road. Sept. 29; J. L. Dale, solicitor, 8, Furnival's-inn. Nov. 8; V.C. M., at twelve. Hicks John), St. Peter, Dorchester. Oct. 11; Thos. Coombs, solicitor, 6, South-street, Dorchester. Nov. 19; V.C. S., at one. HUNTER (John), Sunderland. Oct. 11: W. Ring, solicitor, JOHNSTONE (Chas, E.), 105, Gloucester-place, Portmansquare. Oct. 1; Bennett, Dawson, and Co., solicitors, 2, New-square. Nov. 6; M. R., at twelve. LASKIE (D. J.), Stock Exchange, London. Oct. 1; Head and Coode, solicitors, 29, Mark-lane. Nov. 3; V.C. J., at twelve. 50, Lombard-street. Nov. 9; V.C. S., at twelve. JUDGMENT-CREDITOR OF MORTGAGOR-EXECUTION NOT ISSUED-27 & 28 VICT. c. 112.Certain judgment-creditors of a mortgagor, who had not issued execution, were made defendants to a suit for foreclosure: Held, that if the judg-CREATH (James), Burr-street, Lower East Smithfield. ment-creditors should issue execution, and the returns to the writs should be made before the expiration of the six months allowed for redemption, they would be entitled to redeem, but not otherwise: (Mildred v. Austin, 20 L. T. Rep. N. S. 939. M. R.) PRACTICE--PARTITION ACT 1868 (31 & 32 VICT. C. 40).-A bill was filed for the partition of an estate under the Partition Act 1868. The parties afterwards desired that part of the property should be partitioned, and the rest sold: Held that this could be done under the Partition Act 1868. Decree accordingly for partition of part of the estate, and for sale of the rest: (Roebuck v. Chadebet, 20 L. T. Rep. N. S. 940. M. R.) COMMENTS ON A SUIT IN A LOCAL JOURNAL. -Where a newspaper article, having relation to a pending suit, was, in the opinion of the court, calculated to create prejudice against the plaintiff, and to cast opprobrium upon his solicitor, an order for committal of the publisher was made, but not, however, to be enforced for three weeks, in order to afford an opportunity for the publication of an apology: (Robson v. Dodd, 20 L. T. Rep. N. S. 941. V.C.M.) JUDGMENT RECOVERED-LEX FORI.-A plea of judgment in favour of the defendant recovered in the court of a foreign country on the Statute of Limitations of that country, is not an answer to an action brought here for the same cause of action. In the case of an attorney's bill of costs for the conduct of a suit in an inferior court and also on appeal, the Statute of Limitations does not begin to run until the termination of the suit in the appellate court. The plaintiffs, attorneys in partnership in the Isle of Man, were employed by the defendant in March 1858 to conduct a suit in the Ecclesiastical Court of that island, in which suit he was a party. The Ecclesiastical Court pronounced judgment in favour of the defendant in April 1861, but the case was brought on appeal to the appellate court of the island by the other parties to the suit in Sept. 1861, and the litigation proceeded there till April 1865, when the judgment of the appellate court was pronounced. The partnership of the plaintiffs had been dissolved in Oct. 1862, from which time one of them only had the conduct of the suit. An action was brought in the Deemsters Court of the Isle of Man to recover the amount of the plaintiff's bill of costs up to the time of the dissolution of partnership, and the Manx Statute of Limitations (three years) having been pleaded, judgment was given for the defendant on that ground. An action afterwards being brought in this country for the same cause of action: Held, that a plea of the judgment recovered in the Isle of Man court was not a bar to the action, such judgment not being one on the merits of the case: Held, also, that the employment of the plaintiffs was a continuous one, and that the Statute of Limitations did not begin to run against their claim until after the termination of the suit in the court of appeal: (Harris and another v. Quine, 20 L. T. Rep. N. S. 947. Q. B.) HEIRS-AT-LAW AND NEXT OF KIN. GREIG (W.), Surrey Lodge, Lambeth, barrister-at-law, heirat-law to come in by Nov. 2. Nov. 10; V.C. J., at twelve, adjudicating, chambers. SCHOFIELD (Mary), Brighton. Clarke and Howlett, solicitors, 8, Ship-street, Brighton. Sept. 29. WILLIS (Catherine A.), Bath, heir-at-law to come in by Nov. 2. Nov. 9; M. R., at eleven, for adjudicating, at said chambers. CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF PROOF. CHILD (Henry), Edgware. Sept. 15; J. H. Lydall, Solicitor, 12, Sonthampton-buildings. Nov. 3; V. C. S., at ten. Sept. 30; Glynes and Son, solicitors, 1, Crescent, Americasquare. Nov. 6; M.R., at eleven. NICHOLL (Thos.), Queen-street, Cheapside. Sept. 30; J. and R. Gole, solicitors, 49, Lime-street, E.C. Nov. 5; M. R., at eleven. NIMMO (John), Castle Eden, Durham. Sept. 10; J. Ward, solicitor, Durham. Nov. 13; M. R., at twelve. NOWELL Thos.), Birmingham. Sept. 30; B. Chadwick, solicitor. Dewsbury. Nov, 4; V.C. J., at twelve. PANTON (Paul), King's-bench-walk, Temple. Sept. 30; T. R. Apps., solicitor, 7, South-square.! Nov. 12; V.C. J., at twelve. SHAWE (Mary), Penkridge, Stafford. Oct. 11; Thos. Mallow, TwOHIG (Mary), 30, solicitor, Walsall. Nov. 3; V.C. S., at twelve. Swinton-street, Gray's inn-road. Sept. 21; Gibson and Sons, solicitors, 64, Lincoln's-innWILLIAMSON (F. R.), Chiswell-street, Finsbury. Sept. 25; J. W. Crick, solicitor, Maldon. Nov. 3; V.C. S., at twelve. WRIGHT (John), Little Ilford, Essex. Oct. 1; R. King, solicitor, 25, Birchin-lane. Nov. 4.; V.C. M., at twelve. fields. Nov. 2; V.C. S., at twelve. CREDITORS UNDER 22 & 23 VICT. c. 35 Last day of Claim, and to whom Particulars to be sent. ALLARDYCE (Josh.), 20, Gainsborough-road, Mile-end. Oct. 4; T. Price, solicitor, 21, Abchurch-lane. BATES (Miss E.), St. Peter's-place, Canterbury. Sept. 29; Sankey, Son, and Co., solicitors, Canterbury. BULLOCK (Thos.) The Grove, Stratford, Essex. Sept. 15; BUTTERFIELD (Walter), 5. Stanhope-terrace, Hyde-park. Hillearys and Co., solicitors, 5, Fenchurch-buildings, E.C. Sept. 29; Tucker, New, and Co., solicitors, 4, King-street, Cheapside. COATES (Merwin G. W.), Great Malvern, Sept. 15; Richd. Blanchard, solicitor, 16, Oxford-street, Southampton. COOPER (Mr. J. N.), Norwich, Oct. 1; Keith, Blake, and Co., solicitors, The Chantry, Norwich. ACTS OF PARLIAMENT.-The number of pnblic Acts passed in the recent session was 117 against 130 in the preceding year. In the session just ended the local statutes numbered 182, and in the last year 159. THE TICHBORNE CASE. Vice Chancellor James held a court, at the Black Horse inn, Shere, near Guildford, at which Mr. Richard Sydenham, the printer and publisher of the Poole Pilot, appeared to show cause why he should not be committed for a contempt of court, in publishing in his newspaper an article vindi cating in strong terms the claims of the alleged Sir Roger Doughty Tichborne (a party to a suit pending in the court) to the Tichborne title and estates. Mr. Chapman Barber appeared for the present infant possessor of the estates, Sir Henry Alfred Tichborne, and having read the article from the respondent's newspaper, applied that he should be committed for contempt. Dr. Tristram appeared for Mr. Sydenham, and put in an affidavit expressing the deep regret of the respondent at having published the article. The learned counsel said that the strong remarks against the present claimant which had appeared in other newspapers had led his client to believe that he had a right to comment on the case. The Vice-Chancellor said that a gross contempt of court had been committed, and at first he was strongly inclined to send the respondent to prison. The public press had been cautioned by previous proceedings in the court in this very case, that it had no right to comment upon or interfere with a pending suit. As the respondent had expressed his regret he would order him to pay the costs of the applica tion; but in all future cases the full punitive power vested in the court would be exercised. FATAL ACCIDENT TO A SOLICITOR.-The coroner for Southampton held an inquest on the body of Mr. Bunyan Maskey, a solicitor in large practice for many years in that town, registrar of marriages for the district, and well known throughout the county of Hants. It appeared that about a fortnight ago the deceased, who was very fond of riding, went on horseback to see a EMERY (William), 175, Old-street, St. Luke's, London. Oct. client living at Freemantle, about two miles from 12; H. Emery, solicitor, 3, Arboretum-street, Derby. Southampton. On his way home he called at the EPPS (John, M.D.), 9, Great Russell-street, W.C. Sept. 20; house of a friend, and remained there a short time, W. H. Macon, solicitor, 18, Fenchurch-street. FELLOWES (Robt.), Shotesham-park, Norfolk. Nov. 10; F. the horse, which was rather fresh, being meanFox, solicitor, Surrey-court, Norwich. while turned into an adjoining meadow. Deceased FIELDING (Capt. J. C.), Ceylon. Dec. 23: Hart and Davies, appeared to be in his usual good health and solicitors, Abchurch-house, Sherborne-lane. FISHER (Ralph B.), Oak-hill, near Tunbridge. Oct. 24; J. C. spirits, and on his departure his friends followed Tompkins, solicitor, 18, York-place, Portman-square. GRAZEBROOK (Henry), Chertsey, Surrey. Sept. 29; Graze-mounted, but had ridden not more than a dozen him to the door to wish him good bye. He rebrook, Pain and Co., solicitors, Chertsey, Surrey. HALLIDAY (Michael F.), 30, Thurlow-place, Brompton. Sept. 18; Bailey, Shaw, and Co., selicitors, 5, BernersHEADLAM (Thomas E.), Newcastle-on-Tyne. Sept 21: Graham and Co., solicitors, 26, Charles:street, St. James's HORNBY (William), Southsea. Oct. 1; Binstead and Elliott, HUNT (Catherine), Sandford Lodge, Clifton-road, Brighton. Sept. 29: Humphreys and Co., solicitors, 119, NewgateJONES Edward), 228, High-street, Bangor. Oct. 1; Thos. FLOWAY (Martha), 65, Gibson-square, Islington. Sept.1; Foulkes, solicitor, Bangor, Carnarvon. street. square. solicitors, 16, High-street, Portsmouth. street, London.'" Copinger and Co., solicitors, 22, Essex-street, Strand. LAPRAIK (Douglas), Hong Kong, late of the Oaks, Acton. Jan. 1, 1870; Brooks and Co., solicitors, 7, Godliman-street, LOMAX (Johnson), Bolton, Lancashire. Oct. 1; J. Green- SAVILLE James), Leeds, Lurs, bet, Chas. Bulmer, solicitor, 73, Albion-street, Leeds. SCHOFIELD (Mary). York-place, Brighton. Sept. 29; Clark Smith and Son, solicitors, Richmond, Surrey. STAGLAND (Chas. H.), Lower Mitcham, Surrey. Oct. 1: R. and W. B. Smith, solicitors, 7, New-square. STEWART (William D.), 5. Tenterden-street, Hanover-square. Oct. 15; Whitakers and Woolbert, solicitors, 12, Lincoln'sinn-Fields. THOMPSON (Robt.) Calvert-street, Norwich. Dec. 21; F. Fox, TINGLE (Peter), Loxley, Ecclesfield. solicitor, Surrey-court, Norwich. Oct. 1; Rogers and Thomas, solicitors, Bank-street, Sheffield. WHITE (Maria), Pierce-lodge, Lordship-lane, Surrey. Sept. 29; J. R. Adams, solicitor, 15, Old Jewry Chambers. UNCLAIMED STOCK AND DIVIDENDS IN THE A MONSTER BILL.-The Bill for consolidating CHILD (Mary), Edgware, Sept. 15; J. H. Lydall, Solicitor, and amending the Acts relating to merchant ship Oct. 1; 12, Southampton-buildings. Nov. 3; V. C. S., at one. COLTHURST (Robert J.), Weston-super-Mare. Gabriel and Co., Solicitors, Poole, near Bridgewater. Nov. 4; V. C. M., at twelve. ping and navigation has been issued. It extends over 300 folio pages, and comprises 733 clauses and 35 pages of schedules. strides when he was seen to fall forward, and slipping down by the horse's neck, he fell heavily to the ground head foremost. He was picked up insensible and bleeding, and was conveyed to his home in a cab in charge of a medical man. It was spine, the whole of the lower portion of his body found he had suffered a severe concussion of the being paralysed. He regained his senses, but, after lingering in great pain for many days, It is supposed the accident arose from deceased he died from the injuries received in the fall. being suddenly seized with one of the fits of giddi ness in the head to which he was subject. He was lately a member of the corporation of Southamp ton, and was sixty-nine years of age. A verdict of accidental death was returned. THE LAW COURTS' SITE.-The Master of the Rolls was among those who were examined before been considering the question of a site for the new the Commons' Select Committee, which has just courts. Lord Romilly being asked by the chair man which of the two proposed sites he considered most convenient, rather startled the querist by proposing to say a few words on the question whether we want any site at all. His Lordship proceeded to state that in his opinion we under take a completely unnecessary and wasteful expen present. He does not believe that new courts are diture of money in building new courts at all at wanted, and he is convinced that we do not got from the Judicature Commission a report in know what courts will be required. We have system of judicature and appeal; and it will be a which they propose a complete alteration in the singular inconvenience if, after we have built all our courts, we find that we have got some which are not wanted, and others which are not suited for the purpose required; in short, that so much money has been thrown away. He maintains that we ought not to build any new courts until we have ascertained what changes in the judicature are required. A great alteration in the law impending, which will require a corresponding alteration in the courts. As to the concentration of courts, he allows that this will be an advan tage to solicitors in large practice by enabling them to keep one or two fewer clerks; but he does not believe it will be any advantage to the general public. In the crowding and bustle that must arise strangers will not know where to find the court they want; and to the suitors it will not cause a saving of a penny per cent. in costs. "THE CHIEF CLERK."-Readers of the news paper reports of the proceedings in the law court are often puzzled to understand the functions of a personage who usually plays an important part in them-the chief clerk. The nature of that officer's functions is fully explained in the evidence given before the Scottish Law Courts Commission by Mr. George Hume, one of the taxing masters in Chancery. Mr. Hume said:-The Masters in Chancery Abolition Bill (15 & 16 Vict. c. 80), which established the system of conducting business in the chambers of the equity judges, enacts that each judge shall have the sole power to order what matters and things shall be investigated by and before his chief clerks, either with or without his direction, during their progress, and what by himself. The business of the judge's chambers is conducted under the immediate control and direction of the judge; and the great safeguard of the system is the ready access to the judge, on the part both of the chief clerk and of the suitor, whenever necessary. The judge personally hears and decides all questions which he may direct to be brought before him, or which are adjourned to him by the chief clerk for his consideration; and for that purpose the judge sits in chambers once or twice in every week during the sittings of the court, from three or half-past three o'clock in the afternoon until five or six o'clock, as may be required, as well as at other times on any urgent occasion. Where the parties desire to have the assistance of counsel on each side, cases adjourned by the chief clerk are usually heard by the judge in open court during the ordinary sittings of the court. The judge is also at all times accessible to the chief clerk for advice and assistance in any proceedings pending in chambers; and in all cases any party interested in the proceedings has the right to have any question brought formally before the judge, for his personal opinion or decision. The chief clerks must by statute have the qualification of ten years' practice as solicitors immediately preceding their appointment. They are, therefore, from their practical knowledge and experience, fully competent to discharge the important duties of their office. It is obvious that every inquiry, account, investigation of a pedigree, allowance of debts, &c., requires the exercise of what may be called "judicial discretion;" and even decisions upon application for time to answer may be called "judicial." These cases necessarily involve mixed questions of law and fact, and the principle upon which the business in chambers is conducted is that the chief clerk investigates all these matters; and then, if a uestion either of law or fact arises, which the chief clerk for his own guidance considers proper, or any of the parties desire, to refer to the judge, this is done as a matter of course, not in the nature of appeal or review, but for the decision of the judge himself in lieu of that of his chief clerk. In such cases the question may be adjourned for the judge in chambers or in court, or be reserved by the chief clerk's certificate for the decision of the court on hearing the cause on further consideration, according to the nature of the question and the convenience and wishes of the parties; and in these cases it is the duty of the chief clerk to see that all the evidence is complete, and the question ripe for the court or judge. The whole principle is that the chief clerk should transact such business as from the nature and importance of the question involved may safely be entrusted to a solicitor of experience; and that whenever during the proceedings a question of any kind arises which ought to be disposed of by the judge, this may be done in a ready and inexpensive manner. Counsel are not heard before the chief clerks in proceedings in chambers. THE BENCH AND THE BAR. ASSIZE INTELLIGENCE. Liverpool, Aug. 13.-The commission was opened here yesterday afternoon, and their Lordships commenced the business of the assize this morning. The list looks a very heavy one, there being 108 entries of causes, 51 of which are special juries, but it may be that it will turn out more or less a 66 rotten one. The calendar is unusually light, there being 42 cases only, comprising 58 prisoners, none of which promise to be of remarkable importance. Mr. James Fallon, barrister-at-law, has been appointed recorder of Tewkesbury. STIPENDIARY MAGISTRATE FOR MANCHESTER. Sir William Mantle has received the appointment of stipendiary magistrate for the Manchester division, rendered vacant by the death of Mr. H. L. Trafford. REVISING BARRISTERSHIPS.-The Lord Chief Baron has appointed Mr. G. Francis and Mr. J. Philips additional revising barristers for Kent, and Mr. R. Williams (son of Mr. Justice Williams) additional revising barrister for Surrey. The Lord Chancellor has offered the rectory of St. Mary, Stafford, vacant by the elevation of the Right Rev. Dr. Cowie to the Bishopric of Auckland, to the Hon. Adelbert Anson, M.A., of Christ Church, Oxford, vicar of St. Michael's, Handsworth, near Birmingham, a brother of the Earl of Lichfield, but he has declined it. The Lord Chancellor had previously offered it to the Rev. F. J. Wood, M.A., curate of St. Peter's, Leeds, a nephew of his Lordship, who also declined it. MAGISTRATE AND PARISH LAWYER. NOTES OF NEW DECISIONS. POOR LAW-IRREMOVABILITY OF PAUPERUNION.-By the combined effect of 4 & 5 Will. 4, c. 76, s. 109, 24 & 25 Vict. c. 55, s. 12, and 28 & 29 Vict. c. 74, s. 8, a pauper is irremovable who resides one year in "any number of parishes incorporated for the relief or maintenance of the poor under any local Act." By a local Act of Parliament the parish of Pool was incorporated with certain other parishes and townships in one united district, to be called the "Montgomery and Pool United District;' the guardians of the united district to hold the house of industry which had been established by former local Acts, and to elect directors who should have the governance and control of the house of industry and the poor to be received therein; but each parish or other place within the united district was to have the separate care of the poor belonging to it, or who should be sent or received into the house of industry from it, and was to maintain or provide for them at the separate expense of such parish or place either in the house of industry or elsewhere, and might send its poor to the house of industry and take them out again at its discretion. Certain paupers who had resided for more than a year in the united district, but for less than that period in the particular division to which they had last removed, were by an order of justices directed to be removed from that division to the place of their last legal settlement. On appeal from the justices' order: Held, that the "Montgomery and Pool United District" was a union within the meaning of the above Acts of Parliament, and therefore that the paupers having resided for more than a year in the united district, were irrrmovable: (Guardians of the Poor of Machynlleth v. The Churchwardens, &c., of Pool, 20 L. T. Rep. N. S. 951. Q.B.) A MAGISTRATE FINED 51. FOR ILLEGAL FISHING.-Mr. Tomkyns Dew, of Whitney Court, a magistrate for the county of Hereford, and late high sheriff for the same, has been fined 51. by his brother magistrates for using a fixed engine, called a "stopping net," in fishing for salmon in the river Wye, along the banks of which river Mr. Dew is a considerable landholder. Mr. Gwillim, of Hereford, conducted the prosecution at the instance of the Wye Fishery Board. The information was laid under the 24 & 25 Vict. c. 109, s. 11, which enacts, that "no fixed engine of any description shall be placed or used for catching salmon in any inland or tidal waters; but the section shall not affect any ancient right or mode of fishing lawfully exercised at the time of the passing of the Act by any person by virtue of any grant, charter, or immemorial usage." By the interpretation clause of the same statute fixed engines include putchers, and by sect. 29 of the 28 & 29 Vict. c. 121, the term fixed engine applies to "any net fixed to the soil, or made stationary in any other way." Mr. Justice Lush ruled 3 L. Rep. 639. The court having inflisted a fine of accordingly in the recent case, Holford v. George, 51. upon the defendant, Mr. Dew gave notice of appeal. EMBEZZLEMENT BY A PARTNER.-The first case of alleged embezzlement by a partner has just been tried at the Leeds Circuit Court under the statute of last year, resulting in a verdict of not guilty, the point of difficulty having been whether the facts alleged constituted embezzlement, or only proved a lax mode of keeping accounts. It was stated that after the partnership had gone on for some time the partners, Wanstall and Willis, quarrelled, and one of them, Willis, took possession of the books, and handed them to an accountant. The day after this the cash book was handed to the prisoner Wanstall to enter any payments he might have received, and he entered a great number, which had been omitted during a period of eighteen months, amounting to 1451., which sum, however, he claimed by an entry on the credit side that he was entitled to draw. The indictment charged three small sums not in the list thus handed in. The special case for the defence was strong, but it is easy to see from the above how difficult it will often be to establish a charge of embezzlement against partners. It is only natural that they should do strong things against each other merely to protect themselves and without any intention to defraud; and it may be doubted whether the facts stated, if proved, would have constituted a case. If the attempt had been to show that there was no pretence for the claim of 1451. at all, it would have been more plausible; but obviously the omission of one or two of the payments might be an oversight. MR. JUSTICE HANNEN AND THE NEW BEERHOUSE ACT.-In his charge to the grand jury at the Liverpool assizes, Mr. Justice Hannen alluded to the new Beerhouse Act, some portions of which he said, he regarded as full of good promise. He considered the old beerhouse regulations as most ineffective, as the great facilities afforded for the acquisition of a beerhouse licence rendered almost nugatory the requirements that the applicants for licences should be persons of good character. In fact, so easy was it found to obtain testimonials as to character, that there was no security as to the bona fides of the applicants. He was, however, happy to say that under the new Act there was no stereotyped form in which a man could obtain a certificate of good character, and it would in future be the duty of the magistrates to ascertain, by careful inquiry, if the applicant's character was really good. In addition to this, the power now vested in the magistrates of depriving a man, under certam circumstances, of the right to keep a beerhouse; would doubtless be productive of the best results. For instance, the magistrates have now the power to deprive a person of his or her licence if the house became disorderly or frequented by thieves, prostitutes, or other bad characters. Although it was not made a specific ground for depriving a man of his licence that he should habitually supply persons already drunk with more drink, yet when the question arose whether or not the house was disorderly, the man who was proved to have repeatedly supplied persons already drunk with more drink would afford the most cogent evidence that his house was disorderly, inasmuch as nothing so much tended to disorder as such a practice. Another excellent provision of the new Act was, that not only should a person who kept his house that those persons who were found there should open after the proper hour be liable to a fine, but also be liable. His Lordship in conclusion said that they must not be disappointed if the good results of recent legislation were neither immediate nor even speedy. It would be a work of time to change the habits of the people, and it was his opinion that no great change could be hoped for until not only the facilities but the inclination for drinking were greatly decreased. To produce such good effects they must look for a great spread of education amongst the masses, whose tastes and amusements it would be wise to simultaneously enlarge and improve. for retaining or abolishing capital punishment, HANGING.-Whatever grounds may be urged there is one question connected with the subject which hardly receives the attention it deserves. Assuming that it is necessary to put an end to that object is fully gained by the quickest and the earthly career of a certain class of criminals, most merciful means; we are agreed that life should be extinguished without torture, and it is equally objectionable to kick the condemned man from time into eternity, so to speak. Now our own way of killing a criminal is by throttling him. Is this process unnecessarily painful or not? The general opinion of the community is that a criminal who is hanged suffers little if any pain; that dislocation of the neck is ensured, and that thereupon sensation is at an end almost immediately. We find that the unhappy man was "launched into eternity," and as the launch was all over before respectable selves little on the subject; and, indeed, it is by people were down to breakfast, we trouble our no means a pleasant matter for contemplation. Yet if we made inquiry at Newgate we should find that of the many criminals executed at that prison during the last twenty years, perhaps only two or three have had their necks dislocated. The others have died of sheer strangulation. There is, therefore, good reason for believing that hanging is an unequal punishment. No doubt all executions seem alike, but that is because, since one miserable wretch a few years ago got his feet on to the scaffold after the drop had fallen, an ingenious and elaborate adjustment of leather straps was devised to prevent such ghastly accidents in future. If those whose duty has compelled them to stand near the gallows on the occasion of many execu tions told us truthfully what really happens, we believe they would give the following account. When the drop falls the culprit struggles violently for about three-quarters of a minute; his head then droops on one side, he becomes motionless, and at this moment the reporters say he is launched into eternity." Reporters are, however, liable to error, and never more so than on these terrible occasions, when the account of the closing scene is generally written beforehand. Though the man is motionless, the end is not yet; the culprit, reviving from his faint, returns again to time from eternity, and the violent heaving of his chest shows the fearful nature of a second struggle, which would be evident to all but for the happy thought of the straps. This second agony varies in duration very much according to the manner in which the executioner has exer cised his skill; but its average duration is about two minutes, measured by our time. We believe this to be a fair account of what takes place at most executions. The details, of course, vary according to the dexterity of the hangman. People would be horrified at the suggestion, but the wife to be a party to the fraud, and that it THE LAND LAWS. A correspondent of the transfer and certificates, but did not execute the former. Calls having been subsequently made on the shares, A. brought an action against C. for an indemnity in respect thereof. The declaration in the action alleged a contract between A. and C. that, in consideration that A. would sell to C. the shares, and would execute and deliver a transfer of them to C., C. would accept and execute such transfer, and pay for the shares, and indemnify A. against subsequent liabilities in respect thereof: Held, upon a traverse of this contract:-Per Kelly, C. B., and Pigott, B. that the contract was proved, and the plaintiff could recover; Per Channell and Cleasby, BB., the plaintiff could not recover, inasmuch as there was no such contract as that alleged between A. and C.: (Davis v. Haycock, 20 L. T. Rep. N. S. 954. Ex.) An application was made to the vacation judge in Chancery for the appointment of a provisional standing policies amount to between 3,000,0001. liquidator of the Albert Life Office, whose outand 4,000,000l. It is understood (the Times says) that in order to avoid the consequences that would inevitably result from a sudden and unqualified liquidation-bad in all cases, but absolutely there can be no doubt that few officials more require a certificate from the Civil Service Commissioners than the executioner. The slightest error in adjusting the noose, any miscalculation in the length of the drop, may make the suffering tenfold greater in one case than in another. The truth is, we apprehend, that hanging, even when skilfully performed, is but a barbarous mode of putting an end to life, and unskilfully performed there is reason to fear that it becomes positive torture; and, moreover, the mere difference in the weight of the culprits renders it at all times an unequal punishment. Heavy murderers escape much of the pain we inflict on lighter villains. Now that JOINT-STOCK COMPANIES' LAW ruinous in assurance matters a scheme will be executions are no longer conducted in public, and the faults in our system, if faults there be, may remain concealed within the prison walls for an indefinite time, might it not be advisable to consider whether our mode of execution is really the best one possible? Might not this very method be rendered almost painless by one of the many agents known to modern medicine? Suppose that dreadful white cap were at the last moment drenched with chloroform, for instance?-PallMall Gazette. JOURNAL. REAL PROPERTY LAWYER AND should be given. That this and the other rules CONVEYANCER. NOTES OF NEW DECISIONS. DOWER.-D. devised his freehold and personal estate in trust to permit his wife and five children to receive the rents and profits, subject to the payment of debts. After the date of the will real estate was conveyed to him, without any declaration against dower. The widow was held to be excluded from dower by the 9th, but not by the 4th section of the Dower Act: (Rowland v. Cuthbertson, 20 L. T. Rep. N. S. 938. M. R.) MORTGAGE-FORECLOSURE-REDEMPTION. Judgment-creditors of a mortgagor who had not issued execution, were made defendants to a foreclosure suit. It was held that, if they should issue execution and the return to the writs should be made before the expiration of the six months allowed for redemption, they would be entitled to redeem, but not otherwise: (Mildred v. Austin, 20 L. T. Rep. N. S. 939. M. R.) MORTGAGE-POLICY OF ASSURANCE-PREMIUMS. The mortgagee of a policy of assurance gives C. an equitable charge on it. B. paid the premiums down to his death, and his administrator to 1868, when the life dropped, and the policy became due. B.'s administrators were held to be entitled in priority over C., in respect of the moneys he had expended out of B's estate in payment of premiums he had paid on the policy, but not in respect of premiums paid by B. in his lifetime: Norris v. The Caledonian Insurance Company, 20 L. T. Rep. N. S. 939. M. R.) PARTITION ACT.-A bill was filed under this Act for a partition. The parties afterwards desired that part of the property should be partitioned, and the rest sold. The court was of opinion that this might be done, and made order accordingly (Roebuck v. Chadebet, 20 L. T. Rep. N. S. 940. M. R.) WILL.-B. gave to his wife all his household furniture "and property of every description" that he might be possessed of at the time of his death, and also moneys in his possession, or that might be due to him. Realty was held not to be included in this gift: (Ex parte Yates, 20 L. T. Rep. N. S. 940. V.C. S.) ANTE-NUPTIAL SETTLEMENT - VOID AGAINST CREDITORS.-When an action for debt was pending against him, B. assigned all his property in trust for his intended wife for life with remainder to his son absolutely. The marriage took place immediately afterwards. B. had previously cohabited with her, and they had lived alone in the same house for many years. The settlement was held to be fraudulent, and submitted to the policy holders, through which, by their consenting to sacrifice some moderate proportion of their policies, the company may be reconstructed on a basis that will leave no doubt thenceforth of its stability. MARITIME LAW. NOTES OF NEW DECISIONS. FREIGHT APPORTIONMENT — CONSIDERATION NOTES OF NEW DECISIONS. WINDING-UP-ASSURANCE COMPANY-INCORPORATION-CREDITORS.-A mutual marine insurance association had been formed in Feb. 1862. The rules of the association provided that the members should severally (not jointly or in partnership), and each in proportion to the amount of his own insurance, insure the ships of the said members for a year certain, and so on plaintiffs shipped goods on board the defendants" from year to year, unless notice to the contrary-RESCISSION OF CONTRACT-EVIDENCE-The should form part of and be read with the policy. ship, to be carried and conveyed, as stated by The affairs of the association were to be managed the bill of lading, "via Colon (Aspinwall) and by a committee, and all moneys kept at a Panama to San Francisco; that is to say, by banker's in their names. All sums to be paid by arrangement between the West India and Pacific the association to members who should sustain Steamship Company (Limited), the Panama losses, were to be ascertained and settled by the Railroad Company, and the Pacific Mail Steamcommittee, and payment thereof prescribed in a ship Company, to be carried to Colon (Aspinwall) particular manner. In cases of loss the owner by packets of the said West Indian Pacific of the ship was to remain a member of the Steamship Company, from Colon (Aspinwall) to association for a period of six months. In case Panama by the Panama Railroad Company, and of sale of a ship his liability was to cease from thence to the port of destination by the Pacific the date of the transfer. The mode of doing Mail Steamship Company freight and business was as follows:-A person desirous primage to be considered as earned, ship lost or of insuring his ship and becoming a memnot lost;" the freight being 147. 5s. per ton, payber, sent a written application to that effect able in Liverpool. The whole freight at the to the secretary. Upon the application being aforesaid rate was paid to the defendants' agent accepted, he became a member, and exe- at Liverpool, and the bill of lading was signed cuted a power of attorney, empowering by him "for the service from London to Colon the secretary to recover and receive from all (Aspinwall)," and by the agent of the two persons liable to pay or contribute all sums which other companies "for the service from Colon were or should become due to the executing (Aspinwall) to San Francisco." The arrangeparties. The association was never incorporated ment entered into between the companies or registered. An order to wind it up had been for the division of the freight was set pronounced in July 1865, and a call was pro- forth in the special case, being 31. 5s. posed to be made by the official liquidator, on a to the defendants, 4. per ton to the Panama list of contributories settled in chambers: Held, Railway Company, and 7. per ton to the Pacific on the summons being adjourned into courtMail Steamship Company. The ship having 1. That the propriety of granting the winding- sailed from Liverpool, was lost, with all her up order could not now be called in question. cargo, before reaching Colon (Aspinwall), and 2. That such order did not vary or alter the the defendants, after receiving notice of the loss, relative rights of the parties under their con- paid over to the two other companies their protract. 3. That the liability of each member portion of the freight which had been paid by extended only to the payment of such propor- the plaintiffs. The plaintiffs having brought an tions as the rules and regulations prescribed of action against the defendants for the recovery of the various losses occuring during the period of the proportion of freight paid over to the two the existence of his policy. 4. That payment other companies, viz., for the carriage of the to the secretary as prescribed by the rules dis- goods from Colon (Aspinwall) to San Francisco: charged a member so paying to the extent of the Held, that the bill of lading, though in form one payment. 5. That outside creditors were not instrument, contained three separate contracts, creditors of the association, but must look to and that the freight which had been paid in one the individual members who gave the orders to entire sum was apportionable between the three them for satisfaction. 6. That the costs of the companies; that for that purpose the court winding-up were to be borne by both payers and might look at the agreement between the three receivers, under the rules of the association, pro companies which accompanied the case; that the rata, according to the respective amounts of pay- goods having been lost on the first stage of the ments or receipts.: (The London Marine Insurance journey, without default of the plaintiffs, they Corporation, 20 L. T. Rep. N. S. 943. V. C. were entitled to recover back, as upon a failure James.) of consideration, the amount of freight paid over by the defendants to the two other companies, and that the defendants were properly made the defendants in the action: (Greeves v. The West India and Pacific Steamship Company, 20 L. T. Rep. N. S. 912. Q. B.) SALE OF SHARES-CUSTOM OF STOCK EX- of B. a similar number of shares in the same ADMIRALTY COURT APPEAL PRACTICE APPEAL FROM COUNTY COURT.-Sect. 31 of the County Courts Admiralty Act enacts that "no appeal shall be allowed unless the amount decreed or ordered to be due exceeds the sum of 501." This restriction was held to apply only to appeals by defendants: (The Doctor Van | it that the cash paid into the bank for working ings be taken in the County Court against A. B., the Thunnen Tellow, 20 L. T. Rep. N. S. 960. Court.) BANKRUPTCY LAW. Adm. NOTES OF NEW DECISIONS. SHARES IN JOINT-STOCK COMPANY-FORFEITURE.-By the deed of settlement of a jointstock banking company, registered under the Act 7 Geo. 4, c. 96, it was proved that every proprietor of shares in the company should on demand by the board of directors pay any debt owing from him to the company (except calls on shares for which a distinct provision was made), and that the share or shares of every proprietor who should omit so to do should be liable to be forfeited to the company for the benefit of the other proprietors thereof; and that every proprietor whose share or shares should be so forfeited should be thereupon considered as expelled from the company; but that the forfeiture should not discharge the debt due from him to the company. A. was the proprietor of seventyone shares in the company, with whom he also kept a banking account. In Dec. 1867 his account was overdrawn to the extent of 80007, this sum being partly secured by an equitable deposit of some deeds with the company. On the 25th Nov. the company served him with notice to pay the balance due on or before the 2nd Dec. On the 28th Nov. he filed a declaration of insolvency, and on the 29th Nov. he was adjudicated a bankrupt on the petition of the company. The debt not having been paid, the directors on the 3rd Dec. passed a resolution of forfeiture of A.'s shares to the company. The company realised their mortgage security, and then sought to prove against A.'s estate for the balance remaining due to them, which was 62841. The commissioner held that the company could only prove for the balance, after deducting the value of the forfeited shares, and directed the value of them to be ascertained. On appeal, held that the company were entitled to prove for the whole balance of 62841. The order made was that the company claiming the shares as absolute owners, and not asserting any lien upon them the proof was to be admitted without prejudice to any right of the assignees to question the forfeiture: (Ex parte Rippon, re Andrew, 20 L. T. Rep. N. S. 936. Ch.) 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.] COUNTY COURT-COSTS.-I shall be obliged by any of your numerous correspondents giving me their opinion on the following points: First, Can the registrar of a County Court legally allow, on taxation of costs as between party and party, the fees for letter before action; instructions to sue; attendance and entering plaint, including particulars and copies, such particulars being signed by the attorney, when the person entering the plaint is not an attorney in the action, and when he, in fact, did not enter the plaint or sign the particulars accompanying the summons: (vide Schedule of Costs and Rules Regulating the Practice of the County Courts.) Secondly, Can the registrar, on taxation of costs, allow any witnesses' attendance on trial other than those allowed by the judge? I ask these questions because the registrar of a County Court, against the protest of myself as the attorney for a defendant, has allowed the costs of letter, &c., where a person who entered the plaint was not the attorney conducting the cause; as also where the registrar allowed costs for witnesses' attendance, &c., other than those allowed by the judge on trial (although protested against by myself), the registrar alleging, as his authority, that after the court broke up (and therefore behind the back of myself) he had a conversation with the judge, who directed him to allow the costs of attendance of certain witnesses previously refused. A PRACTITIONER IN THE COUNTY COURTS. KAIN'S SYSTEM OF SOLICITORS' BOOK-KEEPING.-I much admire this system, but should like to have some explanation of the principal's account in the private ledger, for a business sole (Triple Column System, 8th edit., p. 54), which I cannot understand. Is this account intended to answer to the cash account in the private ledger for a partnership, and thus show from time to time the balance of cash in hand? If so, how is The capital (501.), is entered in the account? amount of cash received for the first month is entered 2821. 15s. 6d., and the amount paid 2641. 5s., how can the "balance underdrawn of 31l. 9s. 6d." represent the cash in hand? The cash in hand must be 181. 10s. 6d. and I therefore should like to know what this sum of 311. 9s. 6d. balance underdrawn," is intended to represent. A SOLICITOR. 66 FINAL EXAMINATION.-In reply to "Studens," I beg to say that he will find "A course of Reading for the Final Examination of the Incorporated Law Society," by Dr. A. K. Rollit, an invaluable guide in his preparation. I and others of my friends have derived from it not only excellent advice as to the books to read, but also most valuable hints as to the manner of reading generally. I know several gentlemen who have gained prizes, and have attributed their success in a great measure to the information contained in this pamphlet, which may be had, I believe, at the office of the LAW TIMES. E. L. P. Bristol, Aug. 10, 1869. letter going the rounds of this neighbourhood. I INVASION.-Annexed I send copy of a circular need scarcely state that it, though bearing the same printed address as this letter, does not in any way emanate from me, or anyone connected with my office, and I shall feel obliged by your giving publicity to this and the annexed copy letter in your next impression. GEO. EATON. 17, Parliament-street, Hull, 12th Aug. 1869. LAW-GREAT SAVING OF TIME AND EXpense. ing, and having a collection of the most approved preA solicitor, well read in the principles of conveyanc cedents and drafts settled by counsel, draws mortgages for the profession at one-fourth the usual charge; and, having proper assistance, can fulfil instructions for any ordinary draft by return of post. Practical suggestions submitted (if desired) without fee. Names of clients need not be exposed. Full address mention such matters as mortgagor being or not being in possession, number of persons on each part, &c. required, with instructions, which should particularly Fees by post-office order, on receipt of draft, payable by return of post, receipt of which will be acknowledged; or, if desired, arrangements for quarterly payments can be entered into. The salary of an experienced conveyancing clerk may thus be saved, and dispatch insured; and it is hoped only a cursory revision of drafts will be necessary. Please address first communication-A. B. G., postoffice, Hull. 17, Parliament-street, Hull. EFFECT OF A RETAINER.-I beg to suggest that the questions raised by A., should be referred to the committee of the Saw Grinders' Union, at Sheffield. A SOLICITOR OF FORTY-FIVE YEARS' STANDING. NOTES AND QUERIES ON [N.B.-None are inserted unless the name and address of the writers are sent, not necessarily for publication, but as a guarantee for bona fides.] Queries. An his wife. He enlists and goes abroad. His wife hears 67. ADULTERY.-A man marries and has children by that he is dead, and marries again in twelve years thereafter. Ten years after that she discovers that he is alive and cohabiting with another woman. action is brought against him for the maintenance of his wife. He pleads her adultery by way of defence. Can such a plea avail, she bona fide believing, and having good reason to believe, that her husband was dead when she contracted the second marriage, and ceasing to cohabit with her second (quasi) husband when she found her bona fide husband was still alive? Cases analagous to or bearing on the point are desired. CONJUX. 68. WITNESS IN COUNTY COURT-COSTS.-Oblige me by your opinion as to whether an attorney can charge for a witness in a County Court case, although he did not put him in the box, consequently plaintiff could not cross-examine him. A similar case was brought before one of the judges some years ago, and the expenses were disallowed because the witness was not of any use; the judge ruling that before a witness's expenses can be allowed he must be examined and cross-examined, if thought necessary, by one or both parties; otherwise, the judge said, a bill of costs may having charge of the case. be run up to any amount at the caprice of the attorney I believe there has been no alteration of late years. A SUFFERER. 69. COUNTY COURT-FRIENDLY SOCIETY-Can proceedtreasurer of an unenrolled friendly society, on his note of hand made payable to the trustees for the time being of the friendly society, for money in his hands at the time the note of hand was given; and by whom should the proceedings be taken-the present trustees or the trustees at the time the note was given r The amount is under 501. W. E. 70. MORTGAGE-FORECLOSURE.-A. executes a mortgage of property to B., in consideration of 1831. paid by B. for A., but subject to a proviso for redemption on payment of 2001. Can B. foreclose for the 2001, or can A. redeem the property on paying the 1831. P ALFRED WALLETT DEACON. 71. JUDGMENT-DEBTOR IN THE COUNTY COURT.-Can a judgment-debtor, against whom an order of commitment has been made by a County Court judge, and who subsequently makes a deed of composition which is registered, be taken under the previous order, or is he protected from arrest by the registrar's certificate ? I justifiable, but cannot find it. Any reference will oblige. think I observed a recent decision that his arrest was A. C. S. 72. ARTICLED CLERKS.-For what length of time (during his articles), can a clerk be absent abroad, with leave from his principal, without forfeiting his articles of apprenticeship?) B. 73. BEERHOUSE ACT-TIME FOR NOTICES.-If justices adjourn the annual licensing meeting for twenty-two days, can beersellers who have omitted to give proper notice for the annual licensing meeting give a sufficient notice for the adjourned meeting? Or must the notices acted on "at any adjournment" have been given in time for the original meeting? M. C. 74. COPYHOLDS-LEASE OF.-A., without a licence from the lord of the manor, demised and leased certain hereditaments to B., to hold unto B., his executors, administrators, and assigns, from the 29th Sept. then next for the term of three years, and at the expiration of such term of three years, for the further term of three three years, for the further term of one year, and fully years, and at the expiration of such further term of to be complete and ended if the custom or customs of the manor under which the said hereditaments are holden will admit of the same without prejudice thereto, or forfeiture thereof, but not otherwise. B. has been in possession five years. Is the lease valid, or does it work a forfeiture of the estate to the lord of the manor on account of its having been granted without a licence. U. V. Answers. (Q. 66.) INTESTATE.-In the case put by "X. Z.," an assignment to the sister from her brother, the administrator, will be necessary, in order to complete her title to her moiety of the leaseholds under the Statute of Distributions; for, until his assent in this manner, she can have no power over the property. The form of assignment would be very simple. It would merely recite the ownership of the deceased, his death and intestacy, the grant of letters of administration, and then the administrator, assigns, and covenants that he has not in LAW SOCIETIES. The Bankruptcy Bill 1869. The most important Bill before Parliament during the present session, so far as the administration of the law is concerned, has been the Bill to Consolidate and Amend the Laws of Bankruptcy, brought in by the Attorney-General and Solicitor-General. This Bill, the general purport of which was to abolish officialism, and to take the administration of bankrupts' estates, to a great extent, out of the control of the court, and to place it in the hands of the creditors themselves, as originally framed, was open to the most grave objections, owing no doubt in a great measure to the fact that it had evidently been drawn by a gentleman unacquainted with the practical working of bankruptcy law. themselves in communication with the AttorneyThe council, at an early stage of this Bill, put General, who received, with a readiness and attention which the council feel bound to acknowledge, all their suggestions, and the result was that before the Bill was committed, a considerable number of important amendments had been made in accordance with the views of the council, although the Bill still contained numerous provisions which appeared to be very objectionable. It was, however, not deemed necessary or desirable on this occasion to present a petition to the House on the subject, as the council had the advantage of the valuable assistance in the house of one of their number-Mr. G. B. Gregory-who ably urged their views in committee on the Bill, and was instrumental in carrying some very important amendments. As the Bill has yet to pass through the House of Lords, the council do not consider it desirable here to enter into any details as to the provisions of the Bill in its present form, further than to state that they believe that the proposed transfer of the jurisdiction, in bankruptcy, in the pro vinces from the district courts to the County Courts, is a mistaken measure; but as the Government entertained very strong views upon this subject, and as those views were shared by so many members of Parliament taking an active part in commercial questions, the council were satisfied that any opposition to this part of the Bill would have been useless. the proposed new hall is rendered more than ever necessary, as the appropriation, not only of the existing hall, but other rooms in the society's building, is attended with the greatest inconvenience. It is a source of much gratification to find that this branch of the Profession is so steadily advancing; and the council think that, to the establishment of an examination in general knowledge before articles of clerkship, may be ascribed the Com-improvement in the moral tone of the candidates for admission to the ranks of the Profession, which is the best safeguard against any abuse of that confidence which so frequently places the property, and even the honour of a client, in the hands of his professional adviser. County Courts Proceedings Bill. A Bill was introduced into the House of mons in the early part of this Session by Mr. Norwood, Mr. Akroyd, and Mr. Mundella, to "further facilitate proceedings in the County Courts," the principal objects of the Bill being to enable plain trade." pre tiffs to sue in their own districts without the necessity of obtaining leave from the registrar; to extend the operation of the Bills of Exchange Act, and the provisions as to judgment by default; also to make the consent of the plaintiff necessary to authorise the judge to extend the time for payment. But the Bill contained the vice of restricting the provision as to plaintiffs suing in their own districts to cases only of plaints for goods sold “to be dealt with by defendant in the way of his The council would have taken the opportunity of this Bill being before the House to have sented a petition on the subject of the concurrent jurisdiction of the Superior Courts, had they seen any probability of such a step being attended with any useful result, but the council were satisfied that in the present state of opinion in the House of Commons on the subject of the County Courts, any such petition would not have received attention, and they therefore confined their attention to endeavouring, as far as practicable, to improve the practice of the County Courts, and to remove the evils that now exist. For this purpose they proposed to introduce into the Bill, amendments for extending its operation to all claims, and to increase the scale of costs in cases under the intended Act. With this view the council communicated with Mr. Norwood, who expressed his willingness to adopt the views of the council; but on the 28th May the order for resuming the adjourned debate was discharged, and the Bill withdrawn; the House expressing an unwillingness to entertain any measures affecting the procedure of the courts pending the publication of the report of the Judicature Commission. Admiralty Jurisdiction (County Courts) Bill. A Bill, under the title of the Admiralty Jurisdiction (County Courts) Bill, was brought into the House of Commons this Session by Mr. Norwood, Mr. Headlam, and Mr. Candlish. This Bill, although by its title it purported only to affect admiralty jurisdiction, in fact proposed to transfer from the Superior Courts to the County Courts, having admiralty jurisdiction, all claims not exceeding 3001., arising on charter-parties, bills of lading, or other contracts respecting the use or hire of ships, or in respect of freight, demurrage, average, short delivery, or damage to cargo; and generally any claim "relating to any ship or the goods carried therein, except insurance." The result of this Bill would have been to hand over to the County Courts the most important and best class of business that at present occupies the attention of the common law courts; business of a character which, at present, the County Courts are quite incapable of dealing with satisfactorily; while it would leave the time of the common law judges to be occupied only with the most inferior kind of litigation. The council considered this measure to be open to the most serious objections, and accordingly three of their number waited on Mr. Norwood, and explained to him their objections to the Bill, in the hope that he and his colleagues might be induced to withdraw it. They did not, however, find that gentleman disposed to change his own views respecting the Bill, and the council therefore determined to present a petition against it; but any further action on the part of the council became unnecessary, as, for the same reasons as those which led to the withdrawal of the County Courts Proceedings Bill, the second reading of this Bill was adjourned, and ultimately the Bill was withdrawn. Lectures and Classes. In November last the lecturers and readers appointed in 1867 entered upon a second course of their lectures and classes. The number of subscribers to the lectures was 171, and to the classes 63, being, in the aggregate, rather in excess of last year. The names of the lecturers and readers are as follows:-Mr. T. LI. Murray Browne, of Lincoln's Inn-Conveyancing and the Law of Real Property; Sir George Young, Bart., of Lincoln's Inn Equity; Mr. C. H. Anderson, of the TempleCommon Law and Mercantile Law. The Preliminary, Intermediate, and Final The number of candidates who have presented themselves at these examinations during the past year has been unusually large; so much so that The result of the several examinations is as follows: Preliminary Examination.-In July 1868, 114 candidates passed, and 32 were postponed; in Feb. 1869, 163 passed, and 56 were postponed; and October, 151 passed, and 43 were postponed; in in May last, 187 passed, and 51 were postponed. 1868, 144 candidates passed, and 9 were postponed Intermediate Examintion.-In Michaelmas Term in Hilary Term, 1869, 92 passed, and 11 were postponed; in Easter Term, 1869, 169 passed, and 16 were postponed; and in Trinity Term last, 145 passed, and 15 were postponed. Final Examination. In Michaelmas Term, 1868, 86 candidates passed, and 27 were postponed; in Hilary Term, 1869, 102 passed, and 11 and 17 were postponed; and in Trinity Term last, were postponed; in Easter Term, 1869, 64 passed, 149 passed, and 29 were postponed. list of all the candidates who have obtained prizes, Prizes.-The appendix to this report contains a certificates of merit, or other honorary distinction. (a) Usages of the Profession. During the past year, questions relating to the following subjects have been referred to the council, upon which they have given their opinion viz., costs under special conditions; procuration fee on a mortgage transaction; costs of perusing and obtaining execution of a deed of appointment of new trustees under special circumstances; costs of lease and counterpart; costs on surrender of old and grant of a new lease; as to receipt by relator's solicitor for costs, being a discharge to the defendants, in a suit in which the AttorneyGeneral is informant; responsibility of parties to a lease with reference to a penalty incurred in consequence of the insufficiency of the stamp. Matters relating to Attorneys. The attention of the council has been directed to numerous cases affecting the character of attorneys and solicitors, some of which the council were compelled, in the interest of the public and the Profession, to bring to the notice of the court. The names of three solicitors have been removed from the roll, and two have been suspended from practising for a time. In two other instances, rules nisi have been obtained, and they are enlarged to next term. The council have felt it their duty to oppose three applications for restoration to the roll, two of which have been refused, and the third is adjourned for further hearing. It has also been necessary to oppose several applications for the renewal of attorneys' certificates, which have been allowed to expire. In one case a substantial fine was imposed, in addition to the payment of all arrears of duty. In other instances, orders were made on the payment of the arrears of duty, and a small fine. Affairs of the Society. tions, with a separate entrance, and lavatories for the use of the students. The size and position of this hall, besides providing for a very pressing want, will leave the existing hall free at all times for the use of the members, the appropriation of which, at the time of the examinations, has been the cause of great inconvenience to the members of the society. The alterations will also embrace a variety of improvements in the premises occupied by the club, and a new set of strong rooms in the basement. The new catalogue is now printed, and each member may obtain, without charge, a copy, on application to the librarian, who is instructed to require a receipt for it. The council have received a communication from Mr. B. F. Watson on the subject of deficiencies in the collection of the Private Acts, in consequence who has kindly offered his aid in procuring such of which a list has been forwarded to Mr. Watson, as are wanting. A collection of these Acts is in the possession of the Earl of Lichfield, as Custos the widow of the late Wm. Salt, Esq., having preRotulorum of the County of Stafford; Mrs. Salt, sented to that county a very valuable collection of books and manuscripts, including Private Acts of Parliament. Mr. C. H. Collette, of 23, Lincoln's-inn-fields, has been authorised by the widow of a brother of the late Mr. Mendham, to offer for the acceptance of and works of the Fathers on the Roman controthe society a large and valuable collection of tracts The versy, comprising about 1000 volumes. which is, at the request of Mrs. Mendham, to be council accepted this very handsome donation, called "The Mendham Collection." 471 volumes have been added to the library by donations and purchases since the last general meeting. Donations of books have also been received from the following gentlemen-Messrs. Bower and Cotton; E. F. Burton, Esq.; C. M. Clode, Esq.; J. M. Davenport, Esq. (2); S. E. Donne, Esq. (3); Messrs. Few and Co.; W. Flux, Esq.; B. A. Heywood, Esq. (2); Inner Temple; W. A. Oliver, Esq.; C. Robinson, Esq., U.S.; A. Scratchley, Esq.; C. Tracey, Esq., New York; War Secretary, per Sir Henry James; Robt. Wilson, Esq. Prints of some of the local and personal, and private Acts of Parliament passed in the session 1868 have been presented by the Parliamentary agents, and the residue have been purchased. The Colonial Office and India Board have con tinued to supply prints of the Acts passed in the colonies and Indian Presidencies. The council announce, with regret, three vacan. cies on their board, one occasioned by the death of Mr. Ralph Barnes, of Exeter, and two others by the retirement of Mr. Edward Leigh Pemberton and Mr. James Leman. Mr. Ralph Barnes was one of the first members of the society, practising in the country, repre sented on this council; and, having regard to the his great intellectual attainments, his loss is high position he occupied in the Profession, and deeply felt. Mr. Pemberton and Mr. Leman have both been members of the council for many years, and have taken upon themselves their full share of the duties which attach to the office, not only of a member of the council, but the more arduous one of president. Nothing but the increasing pressure of the business thrown upon the council would have induced them to accept the resignation of these two gentlemen, who both felt that their absence from the board was the cause of much incovenience to their colleagues. The auditor's report has been open for the inspection of the members since the 15th April last. There are now 2232 members of the society; 1634 residing in town, and 598 in the country. meeting of the society, held on the 4th Feb. last, The members will recollect that, at a special additions to the society's building were submitted some amended plans of the alterations in and that, inasmuch as these plans had created a confor their consideration; and the council stated siderable addition to the estimate originally given, the sum of 16,000l., which they were authorised to PROMOTIONS & APPOINTMENTS borrow, was then considered to be insufficient. A resolution was accordingly passed, authorising the council to obtain an advance of a sum not exceeding 25,000l. for the purposes of the new works. The council have since accepted the tender of Messrs. G. Trollope and Sons; and they are glad to be able to state that the tender fell so far short of the estimate, that it will not be necessary, at least for the present, that the society should borrow more than 15,000l. The alterations and additions now in progress are, mainly, as follows: The opening of a large area, immediately adjoining the north side of the great hall, with a view of ventilating the entire building; an improvement which is at present very much required. The enlargement of the present entrance in Bell Yard. Mr. Charles Wood, of Runcorn, Cheshire, has been appointed a Commissioner to administer oaths in Chancery in England, and a Commissioner to administer oaths in the Courts of Queen's Bench, Common Pleas, and Exchequer. Mr. Charles Edward Challinor, of Hanley, in the county of Stafford, solicitor, has been appointed by the Lord Chancellor a Commissioner to administer Oaths in Chancery in England; and by the Lord Chief Justice of the Court of Common Pleas, a Perpetual Commissioner for taking the Acknowledgments of Deeds by Married Women. LEGAL NEWS. The erection of a large hall on first floor of the to a termination. Dr. Ball summed up for the The Esmonde will case has at last been brought new building, for the purposes of the examina-defendants, abandoning the charges of undir (a) This appendix will be sent to the members very shortly. influence and fraud. Mr. Macdonogh replied for the plaintiffs. Judge Lawson charged the jury, |