9. Within one month after such deposit the registrar shall give a certificate that the said association has rules in accordance with law, and has been duly enrolled.

10. The registrar shall have no power to refuse such certificate on any other ground, except that some rule of such association or some item of expenditure has been improperly withheld, or that some rule or item discloses an intent to procure the commission of some offence which for the time being would subject the person so offending to criminal prosecution.

11. In all cases an appeal from any decision of the registrar in giving or withholding such certificate, and in making or refusing such enrolment, shall lie to the Superior Courts of law.

12. No such association as is mentioned in the 5th section hereto, whether enrolled or not enrolled, shall be capable of suing or proceeding either at law or in equity as a corporate body unless it be otherwise duly incorporated; and no such association shall be capable, either in its own name or in that of its trustees or officers, of enforcing as against any member of such association, either at law or in equity, payment of any contribution, fine, or other due whatsoever, whether owing by such member under any rule or not, or of obtaining as against any member the benefit of any agreement made with such member.

13. Provided always that nothing herein contained shall be construed to affect the power of the trustees of such association in prosecuting any person for any offence committed in respect of the property of such association, whether any person so offending shall be a member of such association or not, or of recovering at law or in equity from any person, whether a member thereof or not, any property of the said association, not being a contribution, fine, or due owing from such person as such member.

14. No such association shall be capable of being sued as a corporate body in its own name or in that of its trustees or officers (unless it be otherwise incorporated), nor shall it be capable of being dissolved or wound-up under any winding-up Act, and shall not be liable at law or in equity to any of its members for or in respect of any agreement or assurance made between such society and its

members.

15. Provided always that nothing herein contained shall be construed to affect the trustees or any member of any such enrolled association in the exercise of all the rights and powers conferred by the said Friendly Societies Acts, and that nothing herein contained shall affect the right of every actual member of any such association to a share of the joint property on dissolution.

16. Upon any proceedings in respect of any criminal prosecution, and upon any action, suit, or proceedings for the recovery of any property which shall have been deposited with or which shall have come into the hands of any person, it shall not be pleaded or shown in stay of such proceedings that such criminal prosecution or such suit or action is brought or promoted in respect of some matter or thing which is contrary to public policy, as being in restraint of trade; provided that nothing herein contained shall be construed to require any court of law or equity to give specific performance of or to enforce any penalty, or give damages for the nonperformance of any agreement which shall be considered by such court to be contrary to public policy as being in restraint of trade, due regard being had by such court to the amount of the restriction thereby imposed on the party restrained, together with the adequacy of the consideration to the party restraining.

ESTATE AND INVESTMENT
JOURNAL.

STOCK AND SHARE MARKET. COMPARING May with January, and remembering that we are now at what is usually the busiest and most prosperous season of the year, it is painful to note how very trifling is the improvement in the money market. When there is a slight advance there immediately follows something to disturb confidence and send quotations down again. Now the cause of uneasiness is Mr. Sumner's speech on the Alabama claims. It is believed to mean mischief. The truth is beginning gradually to dawn upon us that America is alarmed at the formation of a great power in the dominion of Canada; that the people are resolved to possess themselves per fas aut nefas of Canada and the West Indies, and that the bill sent in on account of the Alabama is purposely swollen to be made the ground of a bargain by which all our possessions

on the American Continent and in its seas are to be the price of peace; or, should we refuse, they are to be taken by force. This "little bill" of Mr. Sumner offers a plausible excuse for such a transaction.

The following are the fluctuations of the week:

3

ENGLISH FUNDS.

Bank of England Stock Cent. Cons. Ann... 3 Cent. Red. Ann. New 2 Cent. Ann.... Do. do. Jan. 1894.. New 3 Cent. Ann.

5 Cent. Annuities

5 Cents. Jan. 1873

Ann. 30 years exp.
Do. exp. Jan. 5, 1880
April 5, 1885
Do. exp. July 1880
Red Sea Tele. Ann. 1908
Consols, for Acc..

Do. 5 Cents. July 1880
India Stock, July 1880.

India 5 Cent. for Acc.

India Stock, 1874
India 5 Cent.

Fri. Sat. Mon. Tues Wed Thu

92

93

92

241 242 242 242 91 91 91 93 932 93

Wednesday, May 5th.
By Messrs. CHINNOCK, GALSWORTHY, and CHINNOCK, at the
Mart.

Leasehold, two residences, Nos. 5, Hurley-street, and 2, Wigmore-street, Cavendish-square, producing 4127. per annum, term 50 years from 1851, at 1357. per annum-sold for 33007. Leasehold, four shops and five houses, Nos. 26 to 35, Artilleryrow, Westminster, producing 30. per annum, term 37 years from 1868, at 27. per annum--sold for 38201. Leasehold house, No. 18, Duke-stréet, also No. 28, Thomasstreet, Oxford-street, producing 3707. per annum, terin 11 years unexpired, at 167. 108. per annum-sold for 10507. 911 91 91 91 Freehold ground-rent of 10 per annum, arising from Nos. 78 and 75, Princes-road, Notting-hill, and 1, St. John'splace adjoining-sold for 2507,

932

ུ::;:

1:|::3 ཀྲྀ 1::ཛྫི ག:。:

194 934 93

115

212

76

114

213

100 100 100

b b

13s.d

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. HUSBAND AND WIFE-POST-NUPTIAL SETTLEMENT-HUSBAND BANKRUPT.-In 1861 a lady, entitled to an annuity, was married, but no settlement or agreement for a settlement was then made. Both she and her husband were then largely in debt. After marriage the annuity was assigned to trustees for the lady for her separate use, and subsequently to this the husband became bankrupt. Under the bankruptcy considerable debts were proved, including many debts due from the wife at the time of her marc2 and 21 per cent. 58. riage. Held (affirming the decree of the Master of the Rolls), that so long as any of her own debts remained unsatisfied, she had no equity to a settlement of the annuity, or any part thereof, and an enquiry was directed to ascertain the amount of her property and her debts: (Barnard v. Ford, 20 L. T. Rep. N. S. 289. L.JJ.)

a

1001, and 2001. 3 c.

a

a 2 and 21 per cent., 78. b2 and 23 per cent., 28. premium,

premium.

d Premium.

e 24 and 21 per cent. par.

PUBLIC COMPANIES.

RAILWAY COMPANIES. Antwerp and Rotterdam.-Dividend at the rate of 6 per cent. per annum. Great Luxembourg.-Dividend at the rate of 2 per cent. per annum.

Smyrna and Cassaba.-Preference dividend, and an ordinary distribution at the rate of 2 per cent. per annum.

Stafford and Uttoxeter Railway. Creditor's claims must be forwarded to the receiver by the 20th May, the 3rd June being appointed for their adjudication.

BANK.

ASSURANCE COMPANY. English Assurance.-Five per cent. interest was declared as payable to the shareholders.

TITLE OF ASSIGNEE.-In the above case no creditors' assignee of the husband's estate was chosen, but the proceedings were had in a district court where there was but one official

assignee. By leave of the Court of Bankruptcy he filed a bill to set aside the settlement; but when he did so, he had not been actually appointed official assignee of the estate. Held, that as, before the cause was heard, an order duly appointing him had been made, he was entitled to maintain the suit: (Ibid.) PRACTICE PRODUCTION OF DOCUMENTS

Standard of British South Africa. Four per EXAMINATIONS IN BANKRUPTCY.-Office copies cent. per annum dividend declared. of examinations before the Bankruptcy Court. alleged by the plaintiff to have been obtained with a view of enabling him to take the opinion of counsel in reference to the institution of the suit, were: Held to be privileged: (Fenton V. The Queen's Ferry Ware Company, 20 L. T. Rep. N. S. 29. V.C. M.)

MISCELLANEOUS COMPANIES.

Aberdare and Merthyr Steam Coal Company (Limited).-Mr. H. Dever is official liquidator. Animal Charcoal.-Dividend at the rate of 12 per cent. per annum has been declared. Bahia Gas.-Three per cent. per annum ordinary dividend declared.

Civil Service Supply Association.-The goods sold during the year ended 27th Feb. 1869 amounted to 219,0321. The gross profit was 13,9611., and the expenses 13,2891. Profits and interest in hand, 75851.; and the sum received on tickets and shares remains intact. New premises have been taken in Long Acre.

Fairbairn Engineering.-The report states that the net earnings barely suffice to pay a 5 per cent. dividend.

Singapore Gas.—A dividend at the rate of 5 per cent. per annum.

REPORTS OF SALES. NOTE.-The reports of the Estate Exchange are officially supplied in the following list. Auctioneers whose names are registered there will oblige by reports of their own sales.]

Monday, May 3.

By Mr. WHITTINGHAM, at the Mart.

Freehold building land, situate at Lower Tooting, Surrey. Lots 1 to 124 have been sold. Lot 142-sold for 627. Lot

118-sold for 701. Lot 177-sold for 807. Lot 178-sold for 807.

Tuesday, May 4.

By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Leasehold residence, No. 11, Highbury-crescent: term, 974

years from 1816, at 207. per annum-sold for 22007.

By Messrs. DRIVER. Freehold ground-rents, amounting to 1127. 10. per annum, secured on twenty-two houses, shops, yards, &c., in Brunel-street and Glyn-street, Vauxhall-sold for 24707. Freehold ground-rents, amounting to 727. 10s. per annum, secured on eight houses, shops, yards, and premises, in Upper Kennington-lane, Vauxhall-sold for 16107. Freehold ground-rents, amounting to 577. 10. per annum, secured on twelve houses, shops, and premises in Glyn

street and Auckland-street, Vauxhall-sold for 12707.

Freehold ground-rents, amounting to 307. per annum, secured

PRACTICE-INTERPLEADER-AFFIDAVIT OF NO COLLUSION-PAYMENT OF MONEY INTO COURT.Where a plaintiff, alleging that he did not know to which of two partners (between whom a suit for dissolution had been instituted) to pay a debt due to their firm, filed an interpleader bill, and moved to pay the sum in question into court with the usual affidavit of no collusion. The court, upon a suspicion of collusion, refused the motion and ordered the sum to be paid to the partner who alleged collusion, unless on or before a given day an injunction was moved for and obtained in the suit between the partners: (Manby v. Robinson, 20 L. T. Rep. Ñ. S. 298. V.C. M.)

PRACTICE-ACKNOWLEDGMENT OF MARRIED WOMAN ABROAD-LEASES AND SALES OF SETTLED ESTATES ACT.-Where a petition is presented to authorise a sale of settled estates under the 19 & 20 Vict. c. 120, and a party interested, being a married woman, is abroad and served, the court will dispense with her acknowledgment: (Re Tibbett's Trusts, 20 L. T. Rep. N. S. 299. V.C. M.)

PRACTICE AMENDMENT
ANSWER.-Four days before a defendant's time
for answering would have expired he obtained
an order for four weeks' further time, and on the
doy after the four weeks from the date of the
order expired a summons for further time was
taken out by the defendant, and an attachment
issued by the plaintiff. The chief clerk refused
to entertain the summons in consequence of the
attachment: Held, that the attachment must
be discharged, without costs: (Weston v. Cohen,
20 L. T. Rep. N. S. 299. V.C. M.)

on three houses, shops, and premises, situate in New
Bridge-street, Vauxhall-sold for 7107.
Freehold ground-rents amounting to 27. per annum, secured
on twenty-six houses, shops, and premises in Goding-street,
Freehold ground-rents, amounting to 30%. per annum, secured
Italian-walk, and Auckland-street, Vauxhall-sold for 30
on six houses in Goding-street, Vauxhall-sold for Goo.
Freehold ground-rents, amounting to 207. per annum secured
on five houses and premises in Garden-terrace, Goding-L. T. Rep. N. S. 300. V.C. M.)

AFFIDAVITS NOT ENTITLED IN ANY MATTERORDER TO FILE.-Where affidavits are made abroad and sworn, but without any heading, they will be ordered to be filed, on special applishowing in what cause or matter they are made, cation for that purpose: (Salvidge v. Tutton, 20

street. Vauxhall-sold for 6257.

Freehold ground-rents, amounting to 407. per annum, secured on four houses and shops in Upper Kennington-lane, Vauxhall-sold for 9507.

REVIVOR BY EXECUTORS, SOME NOT HAVING PROVED-NEW ORDER.-Where a plaintiff dies

dant had been served with a copy of the bill on the 3rd Feb. On an application made on behalf of the plaintiff, under Order X., rule 4, on the 16th April, the court gave leave to enter an appearance for the defendant: (Herd v. Lupton, 20 L. T. Rep. N. S. 302. V.C. J.)

OF CHANCERY.

Thursday April 29, 1869.

The Right Honourable William Page Baron Hatherley, Lord High Chancellor of Great Britain, with the advice and assistance of the Right Honourable John Lord Romilly, Master of the Rolls, the Right Honourable the Lord Justice Sir Charles Jasper Selwyn, the Right Honourable the Lord Justice Sir George Markham Giffard, the Honourable the Vice-Chancellor Sir John Stuart, the Honourable the Vice-Chancellor Sir Richard Malins, and the Honourable the Vice-Chancellor Sir William Milbourne James, doth hereby, in exercise and execution of the powers given to him by the Liquidation Act 1868, and of all other powers and authorities enabling him in that behalf, order and direct in manner following:

1. Every scheme to be filed in the Court of Chancery pursuant to the stat. 31 & 32 Vict. c. 68, and every declaration, affidavit, petition, summons, notice, or other proceeding relative thereto, shall be intituled in the matter of the Liquidation Act 1868, and in the matter of the debtor, bankrupt, or company, to whose assets the same relates, and if the same relates to the assets of a company which is being wound-up under the Companies Act 1862, and any Act amending the same, then such scheme shall also be intituled in the matter of the Companies Act 1862.

2. Every such scheme shall be marked either with the words "Lord Chancellor," and the name of one of the Vice-Chancellors, or with the words "Master of the Rolls;" and the matter of such scheme (unless removed by some special order of the Lord Chancellor or the Lords Justices) shall accordingly be attached to the court of such ViceChancellor, or to the court of the Master of the Rolls, as the case may be, in like manner, and for the same purposes, as causes are attached to a particular court.

3. Where such scheme relates to assets of a company which is being wound-up under the Companies Act 1862, and any Act amending the same, by the Court of Chancery or under the supervision of the Court of Chancery, the scheme shall be marked so as to be attached to the court of the judge to whose court the matter of such windingup is attached.

4. Every scheme to be filed as aforesaid, shall be printed on paper of the same size and description and in the same style and manner as bills in Chancery are required to be printed; and every fifth line of each page thereof shall be numbered. 5. Every such scheme shall be filed in the office of the Clerks of Records and Writs, and shall have indorsed thereon the name and address of the soli

citor and London agent (if any) of the liquidators, and also the address for service of such solicitor in cases where an address for service is required by the general orders of the court.

6. At any time after the expiration of four days from the filing of any such scheme, any person claiming to be interested as a creditor or contributory in the affairs of the debtor, bankrupt, or company to whose assets the scheme relates may, by a requisition in writing, delivered at the office of the solicitor of the liquidators, or of his London agent (if any), and stating the nature of the interest which such person claims, demand any number, not exceeding ten, of printed copies of the scheme; and the copies so required shall, within twenty-four hours after such demand, and on payment for each such copy at the rate of one half-penny per folio, be delivered to the person so requiring the same, with a certificate thereon by such solicitor or his London agent, that they are true copies of the scheme filed.

7. Except in cases where an affidavit, verifying a list of creditors shall already have been filed, or a list of creditors shall have been made out under the direction of the court, the liquidators, on the day on which the scheme is filed, or within such further time as the judge shall allow, shall file, in the Office of the Clerks of Records and Writs, an affidavit, made by some person competent to make the same, verifying a list containing the names and addresses of the creditors, and the amounts due to them respectively, so far as the same can be ascertained, and leave the said list and an office copy of such affidavit, at the chambers of the judge.

8. Copies of the scheme, and copies of the list

10. Notice of the filing of the scheme may also, if the judge shall think fit, after the filing thereof, be published at such times and in such newspapers as the judge shall direct. Every such notice shall contain such particulars as are mentioned in the preceding rule.

11. After the expiration of one calendar month from the filing of the scheme, or at such earlier time as the judge shall think fit, the liquidators may present a petition for confirmation of the scheme. It shall not be necessary in such petition to set forth the scheme, but it shall be sufficient to refer thereto.

12. When any petition to confirm any such scheme is presented, the liquidators shall apply to the judge in chambers to appoint the day on which the same is to come into the paper for hearing, such day not to be before the expiration of three weeks from the time of such application, and shall cause a notice of such presentation to be inserted in such two newspapers as the judge in chambers shall direct. Such notice shall state the day on which the scheme was filed, and the day on which the petition was presented, and the day on which the same is directed to come into the paper for hearing, and the name and address of the solicitor and London agent (if any) of the liquidators.

13. The petition shall not come on to be heard until at least fourteen clear days after the first insertion of such notice as aforesaid. Such notice shall at least once in every entire week, reckoned from Sunday morning till Saturday evening, which shall have elapsed between the first insertion thereof and the day on which such petition is directed to come into the paper for hearing, be again inserted in such newspaper as aforesaid, on such day or days as the judge in chambers shall direct.

14. Any creditor, contributory, or other person whose rights or interests are affected by such scheme, and who shall be desirous to be heard in opposition to the confirmation thereof, shall, at least two clear days before the day on which the petition for confirmation is directed to come into the paper for hearing, enter an appearance in the office of the clerks of records and writs, and, in default of so doing, shall not be entitled to be heard, unless by the special leave of the court.

15. Any person so entering an appearance, shall be deemed to have submitted himself to the jurisdiction of the court as to payment of costs, and otherwise.

16. No order for confirming a scheme, whether with or without alteration or addition, shall be enrolled until the expiration of thirty days from the day of the same having been pronounced, exclusive of vacations.

17. No caveat shall be entered to stay the enrolment of any order for confirming a scheme, with or without alterations or additions; but every such order may be enrolled after the expiration of thirty days from the day of the same being pronounced, unless in the meantime a petition for a rehearing shall have been presented, and an order for setting down such petition obtained and served upon the liquidators, such thirty days to be exclusive of vacations.

18. No petition for a rehearing either before the same judge or before the Lord Chancellor or the Lords Justices, of the case on which any order confirming a scheme, with or without alterations or additions, or order refusing to confirm a scheme, has been made, shall, unless by special leave of the Lord Chancellor or the Lords Justices, be presented after the expiration of thirty days, exclusive of vacations, from the day on which such order was pronounced, notwithstaning that such order may not have been enrolled.

19. When an order has been made for confirming a scheme, with or without alterations or additions, no person who neither has entered an appearance as aforesaid, nor has by virtue of such special leave as aforesaid been heard in opposition to the confirmation of the scheme, nor is the legal personal representative of a person who has entered

an appearance or been heard in opposition as aforesaid, shall be at liberty to present a petition for rehearing before the same judge, or before the Lord Chancellor or the Lords Justices, unless the Lord Chancellor or the Lords Justices

shall, by special order, to be applied for by motion on notice to the liquidators, to be served on their solicitor or London agent, give leave to such person to present a petition for a rehearing. 20. All orders made in chambers under the Liquidation Act 1868, shall be drawn up in chambers unless specially directed to be drawn up by the registrar, and shall be entered in the same manner, and in the same office, as other orders drawn up in chambers.

said Act, or by the rules of this order, the General 21. In cases not expressly provided for by the Orders and practice of the court (including the course of proceeding and practice in the judges' chambers, and the course of proceeding and practice as to rehearings before the same judge, or before the Lord Chancellor or Lords Justices) shall, as far as such General Orders and practice are applicable, and not inconsistent with the said Act or this order, apply to all proceedings in the Court of Chancery under the said Act.

22. The power of the court and of the judge in chambers to enlarge or abridge the time for doing any act, or taking any proceeding, to adjourn or review any proceeding, and to give any directions as to the course of proceeding, shall be the same in proceeding in Chancery under the said Act, as in proceedings under the ordinary jurisdiction of the court.

23. Solicitors shall be entitled to charge, and be allowed for all duties performed under the Liquidation Act 1868, such of the fees on the higher scale, authorised by the 2nd Rule of the 38th of the Consolidated Orders and the regulations as to solicitors' fees subjoined thereto as are applicable, unless the court or judge shall otherwise specially direct.

24. The fees of court set forth or referred to in the schedule hereto shall be paid in relation to proceedings in Chancery under the said Act, and shall be collected by means of stamps in manner, provided by the General Orders of the court.

25. This order shall come into operation on the 1st May 1869.

26. The General Interpretation Clause in the Consolidated General Orders shall apply to the rules of this order; and in this order the term "liquidators" has the same meaning as in the Liquidation Act 1868, and the word "contribu tory" has the same meaning as in the Companies Act 1862.

HATHERLEY, C.
ROMILLY, M.R.

C. JASPER SELWYN, L.J.
G. M. GIFFARD, L.J.
JOHN STUART, V.C.
RICHD. MALINS, V.C.
W. M. JAMES, V.C.
THE SCHEDule.

Fees to be collected by means of Stamps. In the judges' chambers and in the respective offices of the registrars, the examiners, and the taxing masters, such of the fees by the 2nd rule of the 39th of the Consolidated Orders, and the regulations subjoined thereto, directed to be collected and paid, as are applicable.

In the Record and Writ Clerks' Office. For filing every scheme under the Liqui- £ s. d..

In the Office of the Secretary at the Rolls. For every petition. 100

CREDITORS UNDER ESTATES IN CHANCERY.

LAST DAY OF PROOF. BATTYE (Geo.), Brown-hill. Cartworth, Kirkburton, York. May 19; W. Armitage, solicitor, Holmfirth. May 31; V.C. S., at one. BROUGH (John), Herne Bay, Kent. May 31: C. Baylis, solicitor, 30, Poultry. June 14; V.C. J., at twelve. CASSELTINE (Thos), 23, Hermes-street, Pentonville. May 15; W. R. Harris, solicitor, 40, Chancery-lane. May 24: V.C. S., at two. CROSLEY (Wm.), Langford, near Biggleswade. May 2; Fox and Robinson, solicitors, 52, Gresham-house, Old Broadstreet. June 4; V.C. J., at twelve. DYKE (Henry), Charlton Kings, Gloucester. May 29; White and Sons, solicitors, 11, Bedford-row. June 14; V.C. S., at GARNISS (Thos.), Croydon, Surrey. May 26; J. M. Yatts, solicitor, Temple-chambers, Fleet-street. June 3; V.C. J. at twelve. HARTSHORNE (John), Ebury-street, Pimlico. May 31; J. Mackrell, solicitor, 21, Cannon-street. June 15; V.C. J., at MOON (Henry), Southwood-lawn, Highgate. May 26: J. Rae, solicitor, 9, Mincing-lane. June 15; V.C. M., at twelve.

one.

two.

MORRIS (Wm.), Bull-inn, East Sheen, Mortlake. June 10; Janson, Cobb, and Co., solicitors, 41, Finsbury-circus. June 25; V.C. S., at twelve.

Walter Lacy Rogers, Esq., M.A., Oxford.

JOURNAL.

SHRO BERY (James), Potton, Bedford. June 15; Rhodes, Son, and Co., solicitors, 63, Chancery-lane. June 30; V.C. S., at twelve. May 24,

STEERS (Robert), Nine Elms, Vauxhall, Surrey.

Tippetts and Son, solicitors, 5, Great St. Thomas Apostle;

Cheapside. June 4; V.C. J., at one.

TREBBLE (Geo.), Brandon-street, College-street, Bristol.

May 24; Torr and Co., solicitors. June 3; V.C. M., at twelve. TYARS (W. S.), Minories. May 27; H. Earle, 39, Bedfordrow. June 7; V.C. M., at twelve.

LINCOLN'S INN, April 30.-The undermentioned gentlemen were this day called to the degree of barrister-at-law by the Honourable Society of Lincoln's Inn, viz. :-Charles Fuhr Jommett, Esq., LL.B. and B.A., Cambridge, and B.C.L., Oxford; William George Gould, Esq., late of Oxford; Stephen James Taylor, Esq.; George De Butts, Esq., B.A., Dublin; Reginald Braunfield, Esq., Oxford; Robert Hill Pinhey, Esq.; and William Henry Craig, Esq., M.A., Dublin.

GRAY'S INN, April 30.-At a pension holden this day Henry Keeble, of No. 33, Bramah-road, Brixton, gentleman, the eldest surviving son of Jabez Keeble, late of Thames Bank, Pimlico, Esq., was this day called to the degree of barrister

CREDITORS UNDER 22 & 23 VICT. c. 35. Last day of Claim, and to whom Particulars to be sent. BANKS (JOS. P.), 18, Fish-street-hill. June 1; W. H. Thomp-at-law by the Honourable Society of Gray's-inn. son, 207, New Cross-road, S. E.

CHURCHWARD (Samuel), Myrtle-villa, Hartfield-road, Wimbledon, Surrey. May 31; F. Kearsey, solicitor, 35, Old Jewry.

CLIFTON (Sir Arthur B.), K.G.C., Brighton. July 1; Bennett, Dawson, and Co., solicitors, 2, New-inn, Lincoln's-inn. DAVIES (Sarah), 23, Cavendish-street, New North-road, Hoxton. June 30; Dowse and Darville, solicitors, Limestreet Chambers, 21, Lime-street, E.C.

BOROUGH OF YOUGHAL. William Exham, Esq., Q. C., will, it is understood, contest Youghal. Mr. Exham will give an independent support to the Conservative party if returned.

The Queen has been pleased to direct letters DENNISON (A.), Allerton Bywater, Kippax, York. July 1; patent to be passed under the Great Seal granting G. Bradley, solicitor, Castleford. the dignity of a Knight of the United Kingdom of Great Britian and Ireland unto James Martin, FAIRBAIRN (Geo.), Ardwick, Manchester: Aug. 2; T. T. Esq., late First Minister and Attorney-General

DORRINGTON (Chas.), Bride-hall, Landridge, Hertford. June 30; Spence and Hawks, solicitors, Hertford.

Harding, solicitor, 73, Princess-street, Manchester. FAIRWEATHER (G. W.), Park-place, St. Catherine, Gloucester. July 1; D. Booner, solicitor, Gloucester. FINNIE (Mrs. Anna), Singlie-lodge, Teddington. June 4; G. Annesley, solicitor, 64, Lincoln's-inn-fields. GODDARD (Sophia), Blue Post public-house, Tottenhamcourt-road, W.C. May 31; Hunter, Gwatkin and Co., solicitors, 9, New-square.

HARRISON (James), 6, Portland-place, Leamington Priors. June 1; E. and T. Fisher, solicitors, Ashby-de-la-Zouch. LEDSAM (Wm.). 9, Boundary-road, St. John's-wood. July 10; Valpy and Led am, solicitors, 60, Carey-street, Lincoln's-inn-fields.

PHILLIPS (WM.), Chipping Norton, Oxford. June 24; Lin-
don and Rawlinson, solicitors, Chipping Norton.
SCAMPTON (John), Coventry. June 24; Dewes and Son,
solicitors, 10, Hay-lane, Coventry.

SIBLEY (William), 16, Pembroke-square, Kensington. May
29; J. Macgregor, solicitor, 37, Bloomsbury-square.
TERRY (Capt. John), Cheltenham, Gloucester. Aug. 2; H.
K. Hebb, solicitor, Lincoln.

TOMLINSON (John), Fountain Head Tavern, Thornton Heath,
Surrey, July 1; G. T. Powell, solicitor, 33, King-street,

Cheapside.

WARD (Rev. Edward), the Vicarage, Hawleigh, Suffolk.

June 16; Hayward and Sons, solicitors, Needham-market,

Suffolk.

WEYLAND (Capt. Richard H.), Crick Villa, Crick, Northampton, May 22; Dayman and Walsh, solicitors, Oxford. WICKS Wm.), 9. Holland-Grove, Brixton. July 2; W. Jones, solicitor, 20, King's Arms-yard, Coleman-street.

COURT OF CHANCERY.-The Lord Chancellor has issued an order that Wednesday, the 2nd June, be observed as a holiday for the celebration of Her Majesty's birthday.

THE LAW'S DELAY.-Lamentable instances of the uncertainty and costliness of the administration of the law which, apparently, everywhere prevails under Anglo-Saxon rule, are not wanting in India. A Hindoo widow, who had been left the sum of 20,000l. by her husband, had her right to the bequest disputed by the other members of the family. In order to defend herself in the courts she was compelled to borrow money, and while the law proceedings dragged their tortuous length slowly on, she had to keep borrowing until, when the case was at length ripe for adjudication, it was found that the parties from whom the poor woman had borrowed, had become, through the extent to which they had advanced, lawful possessors of the widow's right to the 20,000l.-The Asiatic.

THE BENCH AND THE BAR.

CALLS TO THE BAR.

MIDDLE TEMPLE, April 30.-The under-mentioned gentlemen were this day called to the degree of the Utter Bar by the Hon. Society of the Middle Temple:-Thomas Tomlinson, Esq., B.A., Trinity College, Dublin; James Colquhoun Revel Reade, Esq., of Christ Church, Oxford; William Thurley Mainprise, Esq., of the University of London; Charles Archibald Samuells, Esq.; Frederic Taylor Payne, Esq., LL.B., Trinity Hall, Cambridge; the Hon. George Thomas Kenyon, B.A., Christ Church, Oxford; Francis Broxholm Grey Jenkinson, Esq.; Aubrey St. John Clerke, Esq., B.A., Trinity College, Dublin; Francis Thorne Cole, Esq., Charles Haigh, Esq., Arthur Pawson, Esq., John Paddon Latimer, Esq., and Charles Woodin Law, Esq., Bachelier es Sciences.

INNER TEMPLE, April 30.-The under-mentioned gentlemen were this day called to the Bar by the Hon. Society of the Inner Temple, viz. :John Tankerville Goldney, Esq., B.A., LL.B., Cambridge; Frederic Green, Esq., M.A., London; Edward Charles Russell Ross, Esq., B.A., Cambridge; William Francis Shaw, Esq., B.A., Cambridge; Robert Collier, Esq., LL.B., Cambridge; Edward William Foss, Esq., B.A., Oxford; George James Duncan, Esq., B.A., Cambridge; Uthred James Hay Dunbar, Esq., B.A., Oxford; Nathaniel Albert Hunt, Esq., B.A., Cambridge; William Russell Griffiths, Esq., LL.B., Cambridge; Phillip Vernon, Smith, Esq., B.A., Cambridge;

in the colony of New South Wales; and unto Robert Officer, Esq., Speaker of the House of Assembly of the Colony of Tasmania.

MAGISTRATE AND PARISH LAWYER.

NOTES OF NEW DECISIONS. POOR-RATE RAILWAY BRANCH LINE. · Where a branch line is leased to the owners of a main line, into which it runs, the assessment must be made without taking into consideration the value of the main line to the owners, in addition to the net profits derived from the line passing through the parish: (Reg. v. The Inhabitants of Llantrissant, 20 L. T. Rep. N. S. 364. Q. B.)

EVIDENCE-DYING DECLARATION.-A magistrates' clerk administered an oath to a dying person, and she made a statement. He asked her if she felt she was likely to die? She said, "I think so." He said, "Why?" She replied, "From the shortness of my breath." He said, "Is it with the fear of death before you that you make these statements?" and added, "Have you any present hope of your recovery?" She said, "None." He then proceeded to write out the deposition, and when finished read it to her, and asked her to correct any mistake that he might have made. She said, "No hope, at present, of my recovery," and he then inserted those words: Held, that the declaration was inadmissible, as the words "at present," introduced by the deceased, were a qualification of her previous statement that she had no hope of recovery: (Reg. v. Jenkins, 20 L. T. Rep. N. S. 372. Cr. Cas. Res.)

CITY OF WORCESTER.-The Quarter Sessions for this city are appointed to be holden on Thursday next, 13th May. Recorder, F. T. Streeten, Esq. Clerk of the Peace, R. T. Rea, Esq. Ten days' notice to be given.

A PRISON GOVERNOR ON PRISON DISCIPLINE. -The following letter has been addressed to the Howard Association, London, by the governor of one of the largest and best managed prisons in Great Britain:" What can be more agreeable to the position of a governor than a situation where prison labour is discountenanced rather than otherwise? He has no anxieties as to profits, no trouble in the procuring of labour, or in the buying of the materials at the cheapest rates, and in the selling at the most profitable prices, nor any disagreeable duties in the coercion of the idle to do their work. The question then naturally arises, are prisoners to be kept in their cells, like canaries in a cage, merely to be looked at, to eat their meals, take their exercise, go to chapel, and do just as much work as is agreeable to themselves; or are they to be made to work for their living, and the habitually lazy (who half fill the gaols) to be taught habits of industry, which may turn to good account after their discharge? I, for one, say the latter should be enforced. Why should the refuse of society, who are in many respects the terror of the respectable part of the community, be pampered, while the honest labourer has to work hard for the support of his wife and family?"

A SUCCESS UNPRECEDENTED-MARAVILLA COCOA IS

PERFECTION.-The Globe says "Taylor Brothers' Maravilla Cocoa has achieved a thorough success, and homoeopaths and invalids we could not recommend a supersedes every other cocoa in the market. For more argeeable or valuable beverage." Sold in packets only, by all Grocers.-[ADVT.

NOTES OF NEW DECISIONS. WINDING-UP-CLAIM-PROOF-COLLATERAL SECURITY.--B. held acceptance of the company to a large amount, and as a collateral security a quantity of cotton, the sale of which did not produce enough to cover the debt. He was held to be enabled to prove for the whole amount of the debt, and not merely for the balance remaining due after giving credit for the proceeds of the security; the court, in such cases, adopting the rule of administration of assets, and not of bankruptcy: (Johnstone's case, 20 L. T. Rep. N. S. 266. M. R.)

WINDING-UP PRACTICE DIRECTORS ULTRA VIRES PURCHASE OF SHARES.- The L. Company was formed for the purpose of purchasing the business of a banker, who declined to complete the contract until 40,000 shares had been taken up in the company. The directors, therefore, arranged with the I. Company (through the intervention of the O. Company) that the I. Company should guarantee a subscription of 40,000 shares in the L. Company. The I. Company, being without funds for that purpose, arranged that their promissory notes for 200,000l. should be discounted by the N. Bank, and the directors of the L. Company gave a guarantee that they would leave in the N. Bank an amount equal to the sum which might remain on these notes until such notes should be paid, the I. Company being by these means enabled to take up the 40,000 shares. Upon bill filed by a shareholder

in the L. Company against its directors and the N. Bank:

Held, that the money deposited having been paid out of the funds of the Company, contrary to the articles of association, the directors had committed a breach of trust, and that N. Bank must restore to the L. Company the sums which they had received from them under this arrangement: (Gray v. Lewis, 20 L. T. Rep. N. S. 282. V.C. M.)

LANDS CLAUSES ACT-ARBITRATION.-A railway company requiring certain lands in which R. and R. were interested, the question of the amount of compensation was referred to two arbitrators and their umpire. R. and R., being dissatisfied with the umpire's award, moved the court to set it aside; and on the 9th July 1868, Giffard, V.C. ordered that the matter should be remitted to the umpire to reconsider and redetermine it. Nothing was done in pursuance of the order, and in Feb. 1869 R. and R. gave notice to the company, requiring the question of compensation to be settled by a jury, and they afterwards gave notice that if the company failed to issue their warrant an action would be brought to recover the whole amount of R. and R.'s claim. On a bill by the company to restrain R. and R. from commencing the threatened action, to which bill R. and R. demurred: Held, that the umpire was bound, under the 23rd section of the Lands Clauses Consolidation Act, to make his award within three months from the date of the order referring the matter back to him. Demurrer accordingly allowed: (Dare Valley Railway Company v. Rhys, 20 L. T. Rep. N. S. 291. M. R.)

BREACH OF TRUST BY DIRECTORS-MISAPPLICATION OF MONEY-LIABILITY TO REFUND.The memorandum of association of the L. C. Company stated that one of the objects for which the company was established was "to buy, sell, or loan on all descriptions of produce or merchandise, and of stocks, shares, including shares issued by the company . (not being purely speculative transactions for the rise or fall in prices... )," &c. The articles of association empowered the directors to invest any moneys of the company not immediately applicable for any payment, &c., "on such Government, or real, or personal, or other securities or investments as the board from time to time think proper; and where the board think fit, to make any such investments in the names of trustees." The committee of the Stock Exchange required the words "always excepting the shares of the company," to be added to this power of investment before they would grant the company a settling day. Immediately after the incorporation of the company the principal promoter began to buy shares at a premium on behalf of the company, and one of the directors soon afterwards bought more shares at a premium, also on behalf of the company: 535 shares were thus bought, at a cost of 37391. Cheques for

First, that all plaints, orders, summonses and other proceedings have to be served by the bailiff of the court which often involves the plaintiff in additional expense, loss of time, and trouble.

Secondly, that a plaintiff is compelled to issue his plaint out of the court in the district wherein the defendant resides, or in which the cause of action arose, and this is a hardship upon the plaintiff, as in many cases it entails the necessity of travelling many miles.

"Thirdly, the plaintiff has to attend the court on the day of trial and wait until the cause is called, whether the defendant appear or not.

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'Fourthly, the plaintiff has no means of knowing until the cause is called on, whether the defendant intends to defend or not, consequently is compelled (often at a great expense) to have

his witnesses, books, or other evidence necessary to prove his case in court.

"Lastly, when a plaintiff has obtained his judgment, if the defendant does not pay, and has no goods upon which to levy any execution he has then to summon the defendant to the court in the district in which he resides, and this often renders the plaintiff's judgment useless, and instead of benefiting by the process of the court, he finds he has only added to his loss.

"That, for the reasons above mentioned, your petitioners submit that the present practice of the County Courts is defective and a great hardship

upon creditors, and that the same should be amended as follows:

362. Q. B.)

FRAUDULENT DELIVERY OF GOODS.--A delivery of goods and chattels to be an act of bankruptcy within the meaning of the 67th section of the B. L. C. A. 1849, must be a delivery intended to pass title to or interest in the goods delivered: (Isitt v. Beeston, 20 L. T. Rep. N. S. 371. Ex.)

THE BANKRUPTCY BILL.

The following is a petition which Mr. George Osborne Morgan, M.P., is to present to Parliament on behalf of the Metropolitan and Provincial Law Association:

"Sheweth, that your petitioners fully recognise the justice and the desirability of administering bankruptcy on the basis of allowing creditors (who in most cases are alone interested in the tion left in their own hands unfettered, so far as is realisation of the assets) to have that administracompatible with justice to the bankrupt, and the necessity of avoiding abuse by those in whom the power is delegated, and your petitioners therefore desire to testify their approval of so much of the Bill now before your Honourable House, as proposes to reduce official routine and restraint, and hand over the administration of the bankrupt's estate to the creditors, and those named by them. But your petitioners are nevertheless of opinion that in carrying out these views the framers of the present Bill have fallen into serious errors, to which your petitioners will hereafter call atten

tion.

"But before adverting to the proposed enactments touching the administration of bankruptcy, your petitioners would desire to express their views on that most vital and important part of the proposed Bill, which relates to the proposed constitution of the Court of Bankruptcy, and representing as your petitioners do a large body of practising solicitors, they believe that they are above all other classes able to bring a large amount of experience and practical knowledge to bear on this subject

"Your petitioners believe that the proposed plan of placing the whole of the London district under the sole jurisdiction of one chief judge of the common law courts, who is also to be the appellate judge in bankruptcy from all the County Courts, is open to most serious objections.

NOTES OF NEW DECISIONS. COMPOSITION-DEED-TRUTH OF AFFIDAVIT-NUMBER OF ASSENTS-BANKRUPTCY ACT 1861, s. 192. The assents of the majority of creditors required by the 192nd section of the Bankruptcy amount of business as is transacted in the London "In administering so large and important an Act 1861, must be given in writing to the par- district, it is absolutely essential that there ticular deed executed, and before registration, in should be a constant, ready, and summary access order to make the deed binding on non-assenting to the judge to decide questions constantly arising creditors. It is not sufficient that the required on adjudications, on examinations on proofs of majority assented to a deed which it was intended debt, and otherwise at meetings, and which quesshould contain a different provision from that tions are readily determined under the present which was executed, nor that the required constitution of the court by an immediate admajority of assents were made up after registra-journment to the commissioner, without counsel tion, although the affidavit delivered with the deed upon registration contained the statements demanded by the Act: (Beddall v. King, 20 L. T. Rep. N. S. 325. C. P.)

CONVEYANCE TO BANKERS-PRE-EXISTING DEBT.-B., as a security for future advances to enable him to carry on his business, conveyed to his bankers (who already held other securities, as far as they would go, for any existing debt) all his stock in trade and the moneys to arise therefrom. B. subsequently became bankrupt, and the security was then impeached as being a voluntary conveyance, made in contemplation of bankruptcy, for the purpose of defeating creditors: Held, that the conveyance was good: (Martin v. Willyams, 26 L. T. Rep. N. S. 350. V. C. S.)

REPUTED OWNERSHIP-SECRET POSSESSIONB. A. 1845 (12 & 13 Vict. c. 106), s. 125.-The holder of a bill of sale of the household furniture and other effects of a trader (the inventory relating only to the household furniture and not to the stock-in-trade), by agreement with the trader sent to take and preserve possession of the furniture and effects for the holder, a young woman, who thenceforth lived with the trader in all respects as one of his family, the apparent possession of the trader continuing as before.

and without expense or delay; but such ready access would be incompatible with the duties and dignity of a chief judge sitting as an appellate judge.

hand, in the country districts, embracing as they Again, it would be inconsistent if, on the one do large centres of commerce, and in which bankruptcies of a most important character occur, the business of such bankruptcies were to be conducted by attorneys before County Court judges, while on the other hand, in London, a large amount of precisely similar business necessarily in a large proportion of cases of a most unimportant character could only be transacted through judge, such employment of counsel involving in the medium of counsel and before an appellate every instance the expense of preparation of briefs and fees to counsel in addition to the fees for the

solicitor's attendance.

"Your petitioners believe that the constitution of the Court of Bankruptcy that would be best suited to the administration of that peculiar class of business, and to the interests of the commercial community would be best attained if each one of the three present very able commissioners (and on sit separately and exercise all original jurisdiction the death or resignation of one then two) were to in the London district, which would certainly furnish an amount of business sufficient to occupy the time of two commissioners, and that the three commissioners or any two of them should

form an appellate court to hear appeals as well from the decisions of any single London commissioners as from the decisions of the Courty Courts.

"And in order that all appeals may be speedy portance in the interests of the public (and cerand economical, your petitioners attach great imtainly not of themselves) to the necessity of providing, whatever may be the constitution of the court, that solicitors may be entitled to appear and plead both in court and in chambers, and that it should not be necessary to employ counsel. This practice has existed in the Court of Bankruptcy from time immemorial. It was specially enacted in Lord Brougham's Act establishing the Court of Bankruptcy in 1831, by the Bankrupt Law Consolidation Act 1849, by the Bankruptcy and Insolvency Bill in 1859, and by the Bankruptcy Act 1861. It should be understood that the questions arising in bankruptcy are ordinarily of a most practical character, involving questions of account, or otherwise of a character with which solicitors are familiar. They have generally been previously argued by the solicitors before the registrar or commissioner in chambers, and moreover they ultimately involve commonly a dividend of most uncertain amount, and the expenses attendant upon the discussion of them on one side at least are to be borne either by a creditor who has made and in either case it is most essential that the least a bad debt, or by a bankrupt who has no funds, possible expense should be incurred.

"Your petitioners desire to express their approval of the provisions introduced into the present Bill for enabling secured creditors to have their securities valued, and so prove for the deficiency, a arrangement, with good effect into the Bankruptcy measure which was introduced as regards deeds of Amendment Act 1868, and remedied an evil which was very much felt before. But your petitioners would call attention to the fact that by sect 15-sub sect. 5-of the present Bill, a 'secured creditor' is erroneously described as any creditor holding security of a third person, which would include creditors on bills of exchange, or creditors holding security from a third person or guarantees (none of them subjects of valuation), which could not be intended by the framers of the Bill.

"Your petitioners would also point out that the Bill proposes that the value of the security shall be determined by the trustee, in order to enable a creditor to vote in the choice of such trustee, which is an impossibility, and your petitioners would suggest, that until the choice of a trustee, the value shall be determined by the registrar, and after the choice of trustee by the trustee, subject to the revision of the court."

"Your petitioners would point out that a special resolution (that is to say, a resolution at a meeting of creditors called for a specific object) is made necessary for matters not of sufficient importance to justify such an expense; as, for example, by sect. 26, the trustee could not compromise a debt of 51. either with a debtor or creditor of the estate without calling a special meeting.

"Your petitioners are also of opinion that in a very large number of bankruptcies it will be, as it trustee to act; but it will in a great number of constantly is, sufficiently difficult to get any cases, probably a majority, be quite impracticable spection. And your petitioners are of opinion to get any creditors to act as a committee of inthat it would lead to much more beneficial results in facilitating the realisation of an estate on the one hand, and the prevention of abuse on the other, if such restrictions as it is thought neces sary to impose upon trustees, should be imposed by making it necessary to obtain the leave of the court in all important matters, and giving the court authority where it shall think fit to take the opinion of the creditors by directing a meeting to be called.

"Your petitioners would also express their opinion, founded on actual practical experience that there is the greatest difficulty in a large number of cases in getting any respectable and eligible creditor to take upon himself the office of assignee, and if it be necessary that persons taking the office of trustee should give security, the effect would be very prejudicial, as in many cases it would exclude the most fit persons from accepting the office.

to acts of bankruptcy, that it is most important, "Your petitioners would suggest, with regard as regards traders in particular, that keeping out of the way, absconding, shutting up the place of business, and non-compliance with trader-debtor summons, should be retained as acts of bankruptcy, and that, as regards non-traders as well as traders, the seizure and sale of goods under an execution should be an act of bankruptcy; and your petitioners particularly suggest that it is filing a declaration of insolvency, as it is very immost desirable to retain the act of bankruptcy, by portant to have a ready means of obtaining a voluntary act of bankruptcy, both for the purpose, if necessary, of securing on emergencies an equal distribution of the bankrupt's property amongst