quent to whom he referred. (A laugh.) If the state of the law in Ireland was that through the mistake of a Government officer a man might be robbed of his land, and there was no mode of correcting the error, it was the bounden duty of the Government to see that a change in the law was at once introduced!Mr. TORRENS said the Encumbered Estates Court had proved an inestimable boon to Ireland, but its value would be greatly impaired if any doubts were thrown on the validity of the titles granted same time, it would, he thought, be possible to devise a remedy for the injustice here pointed out. In Australia he had introduced a Bill for establishing a court similar to the Irish Encumbered Estates Court. under it. At the THE LAW LIFE INSURANCE COMPANY. Mr. GREGORY said that in deference to his hon. friend (Mr. Maguire), who would on Tuesday bring forward a motion respecting the management of the estates of the Irish Society, he should not then move the resolution of which he had given notice, but on Friday, the 8th of May, he should call attention to the management of the Irish estates of the Law Life Insurance Society, and should move that it is expedient to repeal the Act of Parliament known as the Law Life Insurance Society's Act. SALISBURY PETTY SESSIONS. Mr. TAYLOR asked the Secretary of State for the Home Department whether his attention had been called to a case in which three children-viz., two girls aged respectively eleven and fourteen, and a boy aged eight-were lately convicted, at the County Petty Sessions in Salisbury, of stealing rape-greens to the value of 1s. from a field, the two girls being sentenced to a month's imprisonment in default of paying a fine of 20s. and costs, the boy escaping a like punishment, against the expressed opinion of the chairman, Lord Folkestone; and whether he had thought it right to make any representations on the case; and, if so, whether he would lay any correspondence on the table of the House- -Mr. BRUCE had received no representation on the subject. was neither the custom nor the duty of the Home Secretary to animadvert on the decisions of judges or magistrates, unless representations were made with respect to them, and then, if the representations appeared worthy of attention, inquiries were instituted. In the present case no representation whatever had been made. THE LIBEL BILL. It Mr. BAINES, in resuming the adjourned debate upon this Bill, said the mover and seconder of the amendment upon the motion for the second reading of this measure, that it be read a second time that day six months, had intimated to him their intention not to persevere with the amendment. He therefore begged now simply to move that the Bill be read a second time.The CHANCELLOR of the EXCHEQUER had no objection to the second reading of the Bill which proposed to amend the law of libel. The first clause of the Bill proposed to exempt newspapers from penalties under the existing law of libel on proof that the alleged libel was a true and fair report of the proceedings at a meeting lawfully assembled for a lawful purpose, open to reporters for the public newspapers, and at which a reporter was present for the purpose of reporting the proceedings of such meeting for a public newspaper, and that the report was pub. lished in such newspaper by the defendant bonâ fide without actual malice, and in the ordinary course of business. The third clause proposed that the speaker of defamatory matter should in certain cases be liable to be sued as if the same were printed and published. The latter clause appeared to him calculated to limit the right of public speech and of freedom of discussion, and therefore he was glad to state that the hon. member had acceded to his desire that it should be omitted. He had further to suggest the insertion of the following words in the first clause, after the words bona fide, "having reasonable respect to private character and to the preservation of decency.". Mr. CRAUFURD could not approve the Bill, not withstanding the alterations suggested by the right hon. gentleman. He thought the matter should have been left in the hands of the Government to deal with.--Mr. BAINES assented to the amendment proposed by the Chancellor of the Exchequer. The amendment that the Bill should be read a second time that day six months having been negatived, the Bill as amended was read a second time. BREAKFAST-EPPS'S COCOA GRATEFUL AND COMFORTING. The very agreeable character of this preparation has rendered it a general favourite. The Civil Service Gazette remarks: The singular success which Mr. Epps attained by his homoeopathic preparation of cocoa has never been surpassed by any experimentalist. By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well. selected cocoa, Mr. Epps has provided our breakfast tables with a delicately flavoured beverage which may save us many heavy doctors' bills." Made simply with boiling water or milk. Sold by the Trade only in lb. lb., and 1lb. tin-lined packets, labelled" JAME EPPS and Co., Homoeopathic Chemists, London." Cents. Jan. 1878 Ann. 30 years exp Do. 5 Cents. July 1880 92 914 92 914 934 931 93 113 114 114 211 210 212 100 100 100 100 1001 15s d India 5 Cent. 1870 India Bonds (10001.) Do. (under 1000l.) Ex. Bills, 10001. 5001. 93 28.d 2s.d e 24 and 21 per cent., 3s., 6s.' 28. premium. f X. d. 1 By Messrs. FAREBROTHER, CLARK, and Co. Leasehold residence, No. 105, Asylum-road, Old Kent-road, let at 321. per annum, term 77 years unexpired, at 97. per annum-sold for 1807. Leasehold residence, No. 111, Asylum-road, let at 301. per annum, term similar to above, at 57. 168. per annum-sold for 1907. Leasehold residence. No. 115. Asylum-rond, let at 937, per annum, term similar to above, at 97. perannum-sold for 1807. Leasehold residence. No. 117. Asylum-road, let at 207. per Leasehold residence, No. 6, Carlton-road, Asylum-road, let at annum, term similar to above, at 107. 28. per annum-sold for 1857, 30 per annum, sold for 2007. term similar to above at 54. per annum Leasehold residence, No. 23, Carlton-road, let at 277. per annum, term similar to above, at 107. 2s. per annuun-sold for 1607. Leasehold residence, No. 22, Carlton-road, let at 287. per annum, term similar to above, at 97. per annum-sold for 1607. Leasehold residence, 10, Carlton-road, let at 257. per annum, term similar to above at 51. per annum-sold 165. Leasehold residence, No. 11, Carlton-road, let at 267. per annum, term similar to above at 47. per annum - sold 1557. By Mr. Joнs LOUND, at Garraways. Leasehold residence, No. 1, Holland Villas-road, Kensington, let at 1107. per annum, term 83 years unexpired, at 58. per annum-sold 1770z. Leasehold residence, No. 11, Holland-villas-road, let at 1007. per annum: 'term, 83 years unexpired, at 58. per annum→→ sold for 20107. Leasehold residence, No. 15, Holland-yillas-road, let at 100%. per annum; term, 83 years unexpired, at 3. per annumsold for 20207. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. THE CANADIAN USURY LAWs. By the old French law which prevailed in Canada, when upon a usurious contract, the principal and legal interest have been fully paid, any money afterwards received by the lender beyond the legal amount due, may be recovered back from him. A right of action was thus vested in the person so paying such usurious interest, and by the law of Canada such right of action is assignable. An action was brought to recover 2s.d money paid in excess of the amount of legal interest under a contract of loan, on the ground that such contract was usurious. In the contract there was a stipulation for a certain sum as a bonus or premium for the loan, which was to be repaid, with full legal interest of 6 per cent, on the whole sum lent. This stipulation was made by the lender's agent, and he retained the said bonus out of the sum actually advanced. Held, firs, that to taint such a contract with usury, it must be proved that the retention was for the benefit of the lender, or for the benefit of the agent so authorised by the lender; and, secondly, that if the alleged contract was illegal, and void by the usury laws of Lower Canada in force at the time of its being entered into, no subsequent confirmation or ratification could afterwards give it complete validity. The effect of the Act of 1853, altering the law of Lower Canada as to usury is, that a usurious contract shall no longer subject a party to any penalty or forfeiture, but that it shall be invalid so far as stipulates for more than 6 per cent: (Kierzkowski v. Dorion, 20 L. T. Rep. N.S. 170. Priv. C.) MISCELLANEOUS COMPANIES. Gloucester and Berkeley Canal.-A dividend of 33s. 6d. per share, making 55s. 6d. for the year, declared. Palmer's Shipbuilding and Iron.-Interim dividend at the rate of 8 per cent. per annum. Phanix Gas.-A dividend at the rate of 10 per cent. per annum was declared on the 207. shares 7 on the new stock; and 5 on the capitalised Savoy Consumers Gas-A dividend at the rate of 10 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.] -21406 Friday, Mr20 TA Je103 By Messrs. RUSHWORTH, ABBOTT Co., at the Mart. Leasehold residence, No. 28, Nottingham-place, Regent'spark, and stabling in Northampton-mews, term 22 years unexpired, at 1. Ms. per annum-sold for 10007. Tuesday, April 13. By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Freehold residence, known as Nutfield-house, Wimbledon park, with lawns, grounds, and stabling, containing about 2 acres+sold for 49907. t Freehold groundrents, amounting to 757. per annum, secured on Nos. 1 to 11, Abney-park-terrace, High-street, Stoke Newington-sold for 19307. 200* ་།། Ra། POWER OF REVOCATION AND NEW APPOINTMENT-CREDITORS OF BANKRUPT-LIS PENDENS ACT (2 VICT. c. 11).-B. and his son W. were respectively entitled to an estate for life, and an estate in remainder in certain property, with a joint power of revocation and new appointment. In Dec. 1867, B. and W. executed a deed-poll, whereby they appointed and declared that the property should go to such uses as B. should by deed or will appoint, and in default of a pointment to W. absolutely. At the date of the execution of this deed W. was largely indebted, and was adjudicated a bankrupt in May 1868. Upon bill filed by his creditors and assignees B. was restrained from making any alienation of the property in favour of a purchaser for value, but the court refused upon an interlocutory application to interfere with the exercise of his power under the deed in favour of members of his family. The Lis Pendens Act (2 & 3 Vict, e.11) would not have been a sufficient protection to the creditors in this case, inasmuch as the suit might have been so registered under that Act that it would give no notice that it affected the property in question: (Beyfus v. Bullock, 20 L. T. Rep. N. S. 167. V.C. M.) STATUTE OF FRAUDS EVIDENCE. The plaintiff, by the first count of his declaration, alleged that by an agreement made between himself and the defendant, in consideration that the plaintiff would serve the defendant as his clerk for a term of three years, the defendant agreed to pay him the sum of 607, and averred performance of all conditions, &c., and assigned as breach the second count was for wages payable by the nonpayment by the defendant of the 601. The defendant to the plaintiff for work and services done by the plaintiff as the hired clerk of the defendant: Held, by the Court of Exchequer (Kelly, C. B., and Channell, Pigott, and Cleasby, BB.), upholding the ruling of the assessor of the Passage Court at Liverpool, that although the agreement, not being one to be performed within a year, came within sect. 4 of the Statute of Frauds, and so, not being in writing, could not be sued or recovered upon under the first count of the declaration, yet it was nevertheless evidence on quantum meruit of the value of the plaintiff's services, and might be referred to and taken into consideration by the jury as the rule or measure of damages under the second count, and as showing the estimate which the defendant himself had put upon the plaintiff's services (Scarisbrick v. Parkınson, 20 L. T. Rep. N. S. 175. Ex.) Action for libel contained in a letter written by defendant, the officer commanding Her Majesty's troops in the island of St. Helena, to the colonial secretary of the island. The colonial secretary declined to produce the letter at the trial on account of its official character: Held, that it was the duty of the presiding judge to determine whether the letter was an official communication or not, and whether, therefore, the colonial secretary was bound to disclose it. If the judge were of opinion that the letter was an official communication, no evidence could be given at the trial of its contents. It was the province of the judge to decide whether the letter was a privileged communication, and the proper course is for the judge to ask the jury whether the matter was published bona fide. If they come to the conclusion that it was, then it is for the judge to say whether, under all the circumstances, it is or is not a privileged communication: (Stace v. Griffith, 20 L. T. Rep. N. S. 197. Priv. Co.) APPEAL TO PRIVY COUNCIL.-The fact that no application was made in the court below for a new trial is no objection to the hearing of the appeal, an application for leave to appeal having been made and granted, and counsel having been then heard on both sides: (Ibid.) TRANSFER OF CAUSE IN EQUITY.-When it is proposed to transfer a cause from one branch of the court to another, and one of the parties refuses on insufficient grounds to consent to the transfer, and thus renders a formal notice of motion before the conrt of appeal necessary, the court of appeal will, if the notice of motion asks for it, order the person so refusing to pay the costs: (Cocq v. The Hunasgeria Coffee Company, 20 L. T. Rep. N. S. 207. L. JJ.) COSTS OF TRANSFER.-When a notice of motion for the transfer of a cause did not ask for costs against a person so refusing to consent to the transfer, the costs of the applicant, and those of all parties willing to consent, were made costs in the cause, but no costs were given to the party refusing. (Ibid.) CHANCERY COURT OF LANCASTER-APPEALREHEARING.-The appeal from the Chancery Court of Lancaster to the Lords Justices is strictly an appeal by virtue of the statute establishing the Court of Appeal, and there cannot be a rehearing of an appeal which has been once heard (Jones v. Kilshaw, 20 L. T. Rep. N. S. 207. L. JJ.) MIXING UP TRUST FUNDS.-A trustee, who by mixing up trust funds with his own, occasioned a loss to the trust estate: Held, liable for the entire trust property, with arrears of interest: (Cook v. Addison, 20 L. T. Rep. N. S. 212. V.C. S.) PRACTICE-TAXATION OF COSTS-COSTS OF MOTION NOT INCLUDED IN DECREE.-Where an order is made giving the plaintiff the costs of suit, and nothing is said about the costs of a motion for an injunction, the plaintiff is entitled to them under the liberty to apply, and must apply by petition, on the authority of Viney v. Chaplin, 3 De G. & J. 282: (Harris v. Hilliard, 20 L. T. Rep. N. S. 216. V.C. M.) SOLICITOR'S LIEN FOR COSTS-LONDON AGENT --MONEY IN THE HANDS OF COUNTRY SOLICITOR SET-OFF-BANKRUPTCY.-B., being defendant in a suit, had moneys in the hands of E., his solicitors in the country, which, by arrangement, carried interest. A decree in the suit ordered the payment of the costs of B. to F. and Co., the London agents of E. E. subsequently executed a deed under the B. A. 1861, and F. and Co. claiming the costs under the decree, B. presented a petition, asking that the costs so ordered to be paid might be treated as satisfied by the moneys belonging to him in the hands of E. Order made, without costs: (Peatfield v. Barlow, 20 L. T. Rep. N. S. 217. V.C. M.) COSTS IN ACTIONS OF SLANDER-SECT. 5 or COUNTY COURT ACT 1867.-Sect. 5 of the County Courts Act 1867 (30 & 31 Vict. c. 142) enacts that if in any action commenced after the passing of the Act (20th Aug. 1867) in any of Her Majesty's Superior Courts of Record, the plaintiff shall recover a sum not exceeding 20%, if the action is founded on contract, or 10%. if founded on tort, whether by verdict, judgment by default, or on demurrer or otherwise, he shall not be entitled to any costs of suit, unless the judge certify on the record that there was sufficient reason for bringing such action in such Superior Court, or unless the court or a judge at chambers shall by rule or order allow such costs: Quare, whether this section applies to those actions which cannot be commenced in a County Court, although they may be remitted for trial there under sect. 10 of the Act. If it does, the court or a judge has still a general power to allow a plaintiff his costs where it appears proper to do so, although the judge at the trial has refused to certify that there was sufficient reason for bringing the action in a Superior Court. The jurisdiction given to the judge at the trial differs from that given to the court or a judge at chambers, the former being to certify on the single point whether there was sufficient reason for bringing the action in a Superior Court, the latter being generally to allow the plaintiff his costs. The words of the above section relating to the certificate of the judge at the trial, apply only to cases in which the County Court has jurisdiction, but in which, nevertheless, it is reasonable that the plaintiff should sue in a Superior Court. Where an action of slander was commenced in a Superior Court after the passing of the County Courts Act 1867, and a verdict for 101. recovered, the court, although the judge refused to certify at the trial, allowed the plaintiff his costs, as the action could not have been commenced in a County Court, and a sum had been recovered greater than that which would have entitled the plaintiff to costs under the general law applicable to actions of slander in the Superior Court: (Gray v. West and Wife, 20 L. T. Rep. N. S. 221. Q, B.) which the EXECUTRIX-ACTION AGAINST ON BILL OF EXCHANGE-PROCEDURE. -The plaintiffs, as holders, sued the defendant, Elizabeth Hartley, jointly with another person, upon a bill of exchange accepted by her deceased husband in his lifetime and the writ of summons, which was directed to her as "Elizabeth Hartley (executrix, &c., of Henry Hartley, deceased)" and was in dorsed according to the Bills of Exchange Act 1855, was served upon her on the 26th June. On the 10th July following judgment for want of appearance was signed by the plaintiffs against her, describing her as "executrix, &c.," and on the same day a writ of ca. sa. was issued thereon, directing the sheriff to "take Elizabeth Hartley (executrix, &c., of Henry Hartley, deceased), &c., to satisfy the sum of £ plaintiffs lately recovered against the said E. H. (executrix, &c.)," whereupon she was taken and kept in prison for three or four days, when, on payment of debt and costs, &c., she was released. A rule nisi having been obtained to set aside the writ of ca sa. on the ground that the judgment was against the defendant as executrix, and that no writ of fi. fa. de bonis testatoris had been issued, and no return of "devastavit" been made by the sheriff, it was held by the Court of Exchequer (Kelly, C. B., and Bramwell, Channell, and Cleasby, BB.), discharging the rule, that, whatever may have been the form of the judgment, it was impossible that an execution issued against the defendant in her character of executrix, without a previous writ de bonis testatoris, and a return of "devastavit," could be supported, and that it was not a case in which, in the exercise of their discretion, the court ought to impose any terms at all upon the defendant, who had suffered a considerable wrong at the hands of the plaintiffs. They also declined to amend the proceedings. Leigh v. Barker, 2 C. B., N. S., 367; 26 L. J. 220, C. P. discussed and distinguished: (McStephens and others v. Hartley, 20 L. T. Rep. N. S. 225. Ex.) PRACTICE INTERROGATORIES-COST OF WHEN NOT ALLOWED BY A JUDGE-COMMON LAW PROCEDURE ACT 1854-Taxation-COSTS BETWEEN PARTY AND PArty-DiscretioN OF MASTERREG. GEN. HIL. TERM 1853, ART. 6.-The plain tiff sued the defendant in an action to recover money due for work and materials, &c., done and provided by the plaintiff as agent for the defendant, and at his request, for commission due in respect thereof, and for money paid and on account stated. On the 3rd Nov. the defendant took out a summons to stay proceedings on the payment of 184, and costs to be taxed, which, on its return, was indorsed by the plaintiff's attorneys with a memorandum claiming more on his part. On the 11th Nov. the defendant pleaded several pleas: 1 and 2 (except as to 181. parcel, &c.), never indebted and set-off; and, 3, as to the said sum of 181., payment thereof into court. The plaintiff replied, joining issues on pleas 1 and 2, and, as to plea 3, accepting the sum paid into court in satisfaction of the cause of action in respect of which it had been paid. The defendant then took out a summons to administer interrogatories, whereupon the plaintiff's attorneys, finding that the issue had been delivered by them in mistake in not accepting the 187. as sufficient to satisfy the plaintiffs claim, informed the defendant's attorney thereof, and gave him notice not to attend the summons for interrogatories, as they should take out a summons to amend the replication. The defendant's attorney, however, attended at the return of the summons for interrogatories, when, at the request of the plaintiff's attorneys, it was adjourned to the 26th Nov., on which day, having obtained an order to amend, the latter delivered an amended replication to the third plea, accepting the money paid into court, and entering a nolle prosequi as to the residue of the plaintiff's claim. The interrogatories were not further proceeded with, and the defendant's attorney then proceeded to tax her bill of costs incurred subsequently to the summons to stay, when the master taxed off the sum of 12. 11s. 10d., giving as his reason as to part of the sum taxed off, that a defendant was not entitled, as between party and party, to be advised by counsel as to whether there was a defence on the merits, and as to the residue thereof, that interrogatories were interlocutory proceedings, and not costs as between party and party, unless so ordered by the judge. The defendant thereupon took out a summons to review taxation, when Martin, B. declined to make any order, thinking the master's discretion ought not to be interfered with; and upon a rule to show cause why the master should not and incidental to the interrogatories only, it review his taxation of the defendant's costs of C. B. and Cleasby, B.), with an expression of was held, by the Court of Exchequer (Kelly, regret that the law was so, that the master had the practice to disallow the costs of the interrono discretion in the matter but was bound by gatories, as they had not been allowed or ordered by a judge. The master, therefore was right, and, as the matter had been decided twice before, and the defendant's rule must be discharged, namely, by the master and by Martin, B., it Honeywell, 20 L. T. Rep. N. S. 227. Q.B.) must be discharged with costs: (Elstob v. PROBATE - RENUNCIATION - EXECUTOR IN DOUBLE CHARACTER ATTORNEY.-Rule 50 of the Rules and Orders applies to rights or repre sentations derived directly from the testator, and not to those arising independently. The court, therefore, where an executor has renounced as an executor, allowed him to take probate as attorney for the other executors: (In the Goods of Russell, 20 L. T. Rep. N. S. 231. Prob.) ADMINISTRATION-FOREIGN WILL-ADMINIS TRATION BOND.-Where the testator was a domiciled Frenchman, and the will was made in France, the court, on affidavits that the legacies were all paid, and that there were no debts in this country, allowed administration with the will annexed to go, without requiring sureties to the administration bond: (In the Goods of E. T. Bejot, 20 L. T. Rep. N. S. 231. Prob.) PERMANENT ALIMONY-HUSBAND'S LIFE IN TEREST IN WIFE'S PROPERTY.-After decree nin had been pronounced the wife petitioned the court for permanent alimony. The husband's sole property consisted in his life interest in certain houses belonging to the wife. The court declined to pronounce an opinion as to the effect of the dissolution of marriage on the husband's life interest, and allotted the wife two-thirds of the annual income arising from the houses, directing that the wife's right to the property should be reserved in the order: (George v. George, 20 L. T. Rep. N. S. 232. Div. & Matr.) INTERVAL BETWEEN DECREE NISI AND DECREE APRIL 17, 1869.] ABSOLUTE.-The court will not, except under very special circumstances, abridge the interval between the decree nisi and decree absolute fixed by the 29 & 30 Vict. c. 32: (Shelton v. Shelton, 20 L. T. Rep. N. S. 232. Div. & Matr.) SLANDER-APOLOGY-EARLIEST OPPORTUNITY. -An advertisement was inserted in a newspaper which amounted to a slander of title to certain property. The libel appeared on the 6th Jan. The attention of the defendant was called to it on the 13th Jan. An action was commenced on the 21st Jan., and an apology was published on the 6th Feb.: Held, that the apology had not been published at "the earliest opportunity" as provided by 6 & 7 Vict. c. 96, s. 2: Ravenhill Keating, J.) v. Upcott, 20 L. T. Rep. N. S. 233. THE PROFESSION IN AUSTRALIA. The lawyers appear to be as troublesome in South Australia as the red rust. Both the Bench and the Bar afford our neighbours continual occupation. The Legislative Assembly is now dealing with two Bills arising from, or intending to check, One of these is to professional shortcomings. undo a former Act which the great Boothby controversy had necessitated, and which in effect enabled the Government to send any particular judge they might think fit, to try any particular case. The home Government had pointed out the constitutional objections to this measure, and as the circumstances which gave rise to it no longer operate, its repeal appears to be tolerably certain. The second Bill, which has given rise to a good deal of lively discussion and legislative chaff, makes the vain attempt to regulate legal charges. A proposal was made by some of the principal legal members to validate contracts between attorney and client to perform legal services for a fixed sum, but was rejected. The South Australians, like most other people, are more quick in feeling the inconvenience than in devising the appropriate remedy. They thought, of course, that the power to make such an agreement would indefinitely incerease the attorneys' plundering capabilities, and preferred, therefore, to abide by the old rule of six-and-eight-pence, merely attemping to cut off some of the occasions on which these mystic symbols may be used. They little know the acuteness of that profession. If men are to be paid by the sixlittle and-eightpenny system, there is very doubt that they will not trouble themselves to learn from the Legislature on what occasions they are to charge for their attendances and other services. But the very atmosphere of South Australia seems litigious. The Bench itself cannot escape the prevalent influence. The late lamented Mr. Boothby's mantle seems to have descended upon Mr. Justice Gwynne. There is hardly a sitting of the court in which this eccentric functionary does not amuse himself with taking a shot at his chief. The latter appears at length to have been so worn out with these gambols of his learned coadjutor, that he has been obliged to apply for leave of absence; and as nothing connected with the law in South Australia is free from doubt, it will be necessary to obtain a special Act of Parliament before the unlucky Chief Justice can obtain even a temporary relief from his tormentor. We select out of many instances-so many, indeed, that the press seems to regard them as partly the usual business of the court, and as not deserving of any special notice the following specimen of judicial amenities: Wigley briefly supported the argument of Mr. Way. The CHIEF JUSTICE said.-We will, consider judgment. GWYNNE, J.-You will. I don't want to con sider. The CHIEF JUSTICE. As my learned colleague has said, I am rather slower than he is, and therefore I wish time to consider my judgment. GWYNNE, J.-That may be. I don't wish to consider. The CHIEF JUSTICE.-I speak for the court. The CHIEF JUSTICE. I say the court does wish, and, as Chief Justice, I speak for the court, and I must claim my right as Chief Justice. GWYNNE, J.-Then I must claim my right. The CHIEF JUSTICE.-But you have no right to speak in the name of the court. GWYNNE, J.-I did not do so. But I shall continue to express my opinion decidedly and candidly without being affected at all by this sort of observations as long as I sit here. Judgment reserved. Australasian. evoter dr COURT OF BANKRUPTCY, US Thursday April 15. b 1 Re C. H. EDMONDS, The bankrupt was a solicitor, of Lincoln's-inn, formerly in partnership with Mr. Mayhew. His THE LAW TIMES. liabilities are stated at 13,4841.; the debts and property are estimated at 14,000l. This was an adjourned sitting for examination and discharge. Plews, for the assignees, asked for time to investigate the accounts. He understood that the partnership had only been dissolved a few days before the bankruptcy, and the solvent partner had undertaken to wind-up the estate. Bagley appeared for the Finance Company (Limited), who are creditors for 4000l., and concurred in the application for adjournment. He also wished for inquiry as to a marriage settlement executed by the bankrupt. Reed, for the bankrupt, urged that there had already been sufficient time for inquiry. His HONOUR thought the application for time reasonable, and directed an adjournment. AS ATTORNEYS. GENTLEMEN APPLYING TO BE ADMITTED H.T. Young, 9, New-square Easter Term 1869, pursuant to Judges' Orders. Bristol. Last day of Easter Term 1869. Comins, Thomas Melhuish, jun., Witheridge, Devon- Ross. Edwards, Edmund George, 12, Compton-street, Regent's Haines, Edward, 13, South-square, Gray's-inn; Esher in-Longdendale, Cheshire-H. Hall, jun., AshtonJackson, Henry James, Bardsley-gate, near Mottramunder-Lyne Master, Harcourt, Ealing-G. Master, 22, Duke-street, Meek, Alexander Grant, B.A., 22. Down-street, Picca- Purvis, Peregrine, Winchmore-hill, Middlesex-J. J. Andrew, 8, George-yard, Lombard-street Manchester [For former names see page 230, ante.] Evans, John, Wrexham Bell, Walter John, 65, Charlwood-street, Belgrave-road Linden Lodge, Hornsey Byers, James Broff, 7, Percy Circus, Pentonville; and CREDITORS UNDER ESTATES IN CHANCERY. pool. May 10; at said offices, 32, Southampton-street, Strand. May 22; V.C. J., at PRATT (Thos.), Southampton. May 8; S. R. Lewin, solicitor. twelve. PROUD (Richd.), Colchester. May 6; F. Hasell Newell solicitor, Colchester, Essex. May 22; V.C. M., at twelve. SAUNDERS (Josiah), 42, Albemarle-street, Piccadilly. May 21; C. T. Foster, solicitor, 13, Gray's-inn-square. May 31; V.C. S., at twelve. SWANN (Elizabeth), Owthorne, Holderness, East Riding, Yorkshire. May 5; Stamp, Jackson, and Co., solicitors, Hull. May 22; M.R., at eleven. WILSON (Henrietta), Everton-place, Chorlton-on-Medlock, Lancaster. May 10; H. Dobinson, solicitor, Carlisle. May 24; M. R., at eleven. YOUNG (Mary), Twyford, Southampton. May 7; Walker and Jerwood, solicitors, 12, Furnival's-inn. May 21; V.C. J., at twelve. CREDITORS UNDER 22 & 23 VICT. c. 35. Last day of Claim, and to whom Particulars to be sent. CANNELL (A. C.), 4, Beaumont-row, Stepney. May 31; Roscoe and Hincks, solicitors, 14, King-street, Finsbury square. CRIPPS (Chas.), Farnham-house, Cavan, Ireland, footman. DOUGLAS (William), Heathfield, Upper Streatham. May 10; DUNN (Benjamin), Manor-house, Hurworth-upon-Tees, Dur. HALSTEAD (William), North Parade, Burnley. PEEL (Amelia M.), Waresley Honse, Worcester. May 20; WHITE (A. J.), 7, Brixton-rise, Surrey. May 10; J. and C. UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.] DALE (Wm.), junr., Ramsden Crays, Essex. Dividend on 305., Reduced Three per Cents. Claimant, said W. Dale. GREEN (Hannah), James-street, Westminster. Dividend on 26., Long Annuities. Claimant, Rev. H. Parker. THE BENCH AND THE BAR. The Lord Chief Justice of England returned to town on Wednesday from visiting his daughter, Mrs. Charles Cavendish, who is seriously ill in the Isle of Wight. AND SIR JOSEPH THE BAR OF BOMBAY ARNOULD.-The members of the Bombay Bar have invited Sir Joseph Arnould to a farewell invitation. This is a compliment by no means dinner, and the learned judge has accepted the always paid as a matter of course to a judge on for instance, to either of our two last chief justices. The invitation is generally understood to intimate his leaving India. There was no farewell dinner, that the retiring judge, by his personal demeanour on the bench, has made himself popular with the Bar. We may add that no man ever deserved the compliment more than Sir Joseph Arnould, whose industry, ability, and conscientious devotion to his work have secured the esteem of the whole community. The dinner will take place at the Byculla Club, on April 27, the day immediately preceding that on which the time of the learned judge expires.-Bombay Gazette. JUDGES IN THE FAR WEST.-Dickens' All the Year Round, in an article on "Judges and Juries in Idaho territory a judge who is well-known as in the Far West," has the following: "There is 'Alec. Smith.' A woman brought suit in his court for divorce, and had the discernment to select a particular friend of her own, who stood well with the judge, as her attorney. One morning the judge called up the case, and addressing himself to the attorney for the complainant, said: "Mr. H., I don't think people ought to be compelled to live together where they don't want to, and I will Mr. H. bowed decree a divorce in this case.' blandly. Thereupon the judge, turning to another attorney, whom he took to be the counsel for the Mr. M. nodded assent. defendant, said: Mr. M., I suppose you have no objection to the decree?' But the attorney for the defendant was another Mr. M., not then in court. Presently he came in, and finding that his client had been divorced with out a hearing, began to remonstrate. Alec listened a moment, then interrupted, saying: Mr. M., it is too late. The court has pronounced the decree of divorce, and the parties are no longer man and wife. But if you want to argue the case, right give you a crack at it.'” bad, the court can marry them over again and Mr. Edward Hibberd, the chief constable of Salford is dead. He was formerly in the Metropolitan police force. LANDLORDS AND TENANTS. -The right of tenants whose rates had, up to the passing of the new Reform Act, been paid by the landlord, to deduct from the rent the rates which they are now called upon to pay, has just been decided in the Leeds County Court. The plaintiff had paid his poor rate, and deducted the payment from the rent; but the landlord refused to allow the deduction, and issued a distress on the plaintiff's goods for the amount deducted. For the illegal distraint the plaintiff sued the landlord, and obtained damages. THIEVES.-The number of known thieves and suspected persons at large in the year ending September, 1868, in the following towns was as annexed:-Bedford, 25; Boston, 33; Great Grimsby, 136; Kidderminster, 42; King's Lynn, 16; Leamington, 53; Louth, 28; Newcastle-underLyne, 30: Stamford, 16; Warwick, 24; Wisbeach, 24; Cambridge, 139; Colchester, 86; Coventry, 69; Great Yarmouth, 107; Ipswich, 61; Lincoln, 40 Northampton, 63: Shrewsbury, 26; Walsall, 210; Worcester, 113; Birmingham, 1732; Leicester, 147; Norwich, 192; and Wolverhampton, 337. REFRESHMENT FOR JURYMEN.-The jury in a case tried at Liverpool on Tuesday, after an hour and-a-half's consultation, were visited by the registrar to ascertain if there was any chance of the twelve agreeing. He returned with an answer that there was at that time no prospect whatever of unanimity, but that the jury begged, as they were almost choking, that they might be allowed a jug of water.-The Assessor: As Mr. Justice Maule has decided that it is neither meat nor drink they may have it (laughter). The jug of water was supplied to the jury accordingly, and they were then once more locked up for further consideration. What notice of appeal to be given. ...... 10 days Clerk of the Peace. T. F. A. Burnaby. of lead stealing, the previous convictions were VALUATION OF RATEABLE PROPERTY.-A summary of the contents of the Government Bill to provide for uniformity in the assessment of rateable property in the metropolis was given in the Times of the 15th March; the other Bill of the Government, applying the same system to the rest of England, has now been issued. The County Valuation Boards, which are to determine the percentage or rate of deductions to be made from gross value in calculating rateable value, are to consist of representatives of the assessment committees of the county, two to be elected by each committee from its own body, one to be a justice if there is a justice on the committee,and where a borough has a separate court of quarter sessions, or contains a population, at the then last census, of not less than 10,000, the town council may elect one of their number or one of the borough justices to be on the Valuation Board. The members of the Valuation Board are to hold office for three years and be re-eligible. The board is to have power to form committees of its own members, and may delegate to a committee all or any of the powers conferred on the board by this Bill. The Bill provides that where the overseers of a parish, in making their valuation list, raise the gross or rateable value of a hereditament or insert one not previously assessed, or where the assessment committee do so (otherwise than in determining an objection), notice shall be sent to the person rated. Appeals against decisions of assessment committees are to be heard before the County Connt judge, an appeal lying to a Superior Court on a point of law. The valuation list subject to annual revision for alterations, new buildings, or reduction in value, is to be, during its three years' existence, conclusive for county rate, poor-rate, &c., and every rate levied on the basis of value; for house tax and income tax; and for determining the qualification of jurors and guarTURNPIKE ROADS.-The Act of the Turnpike dians, and under the Aets relating to the sale of Trusts Parochial Abolition Bill has been pub. exciseable liquors. The overseers are to make a ished. The object of the Bill is to enable parishes new valuation list every third year, and the in England and Wales to provide for the main- Valuation Board may then revise the table of detenance of turnpike roads within their respective ductions to be made from gross value in deter districts as public highways, and to discharge the mining the rateable value. But the following debts due thereon by parochial assessment or maximum is not to be exceeded:-1. Land with voluntary commutation. The mode of procedure farmhouse or farm buildings, or either, 10 per in abolishing a turnpike trust,, and to maintain a cent.; 2. Land without buildings, 5 per cent.; 3. road as a public highway, is to be by the calling Wood lands, 7 per cent.; 4. Houses and buildings of a meeting of ratepayers, by whom a declaration without land other than gardens where the gross of the requirement is to be signed, Local autho-value is under 8., 25 per cent.; 5. Where the rities are to be authorised to raise money by way value is 8, or upwards, 15 cent. ; 6. Mills and of loan or voluntary contributions to pay off turn. manufactories, including blast and smelting pike debts. After the abolition of a trust, the furnaces and kilns, 33 per cent.; 7. Brickyards property attached thereto is to vest in the local authorities. The costs of carrying out the Act are to be included amongst the turnpike trust debts. A Parliamentary return has been issued giving the names and sentences of those Fenian convicts whom it is not proposed to release. Of those convicted in Ireland, exclusive of military convicts, there are now twenty-three confined in the United Kingdom, and nine in Australia. Four of the for mer and one of the latter are under sentence of penal servitude for life, and the others for periods varying from twenty to five years. There are also in the convict prisons sixteen persons who were convicted in England, three of whom are under sentence of penal servitude for life, one for fifteen years, one for ten years, and the others for seven and five years. corn merchant; and Mr. J. R. Fussell-were SOME OF OUR LOCAL TAXES.-A blue-book just 8. Mines and quarries, 33 per cent. 9. issued from the Home-office furnishes another text Tithes, cost of collection, as in the Metropolitan for local tax reformers to preach from. Heavy s Bill; 10. Railways, canals, docks, tolls, waterwere the figures which expressed the aggregate works, gasworks, 11. Other rateable here- imposts for local purposes in England and Wa THE TICKET-OF-LEAVE SYSTEM.-A case which ditaments.Farms may be assessed either as farm- during 1866, the total for 1867 is heavier. We illustrates in a striking manner the unsatisfac.houses or buildings with land under class 1, or give the results under each rate, due as toll f tory results of the ticket-of-leave system came the land may be assessed separately under class 2, the latter year, taking the order simply in whi before the Berkshire justices, sitting in petty sesand the houses or buildings under class 4 or 5. they are tabulated on the official record:sions, at Newbury. A middle-aged man, named A clause provides that where there is no assistant Church-rates, 232,476, above 35001. more than in William Leach, was brought up on a charge seers, they may with the consent of the vestry pay London Commission of Sewers, 40,074, against overseer or other paid officer to assist the over-1866. (2.) Sewers' rate, 42,8711. (3.) City of of stealing a copper from a house at Donnington, the property of Mr. Charles Slocock, out of the poor-rate for assistance in making their 17.8711, in 1866. (4.) Drainage and embankment, a magistrate for the Newbury division, and comvaluation list. Other clauses, being the same as 176,138, or 34,000l. in excess of 1866. (5.) Light. mitted for trial at the county sessions. Mr. Boyce, in the Metropolitan Bill, need not be again de-ing, &e. (under 2 & 3 Will. 4, c. 90), 40.588the deputy-governor of Reading gaol, was present, scribed. and produced a document showing the previous history of the prisoner, who, it seems, first fell into the hands of the authorities in July 1859, when he was accused of duck-stealing, but acquitted. He profited little by his escape, as he committed larceny in the following October, and was sent to the county house of correction for one year. In the early part of 1851 he was convicted of a petty offence, and underwent two months' imprisonment. He was apprehended for the fourth time in June 1852, and being found guilty IMPORTANT TO LOCAL BOARDS OF HEAHLT.There were proceedings before the Bucks magistrates, in special sessions, at Slough, of consider able importance to local boards of health The magistrates present were Colonel Howard Vyse, Capt. Rudyerd, Capt. W. F. Farrer, the Rev. H. H. Way, and Mr. E. C. S. Tompson. Five residents of Slough, formerly members of the Slough local government Board-Mr. C. Holmes, surgeon; Mr. W. W. Buée, surgeon; Mr. E. A. Layton, coal merchant; Mr. J. H. Tilly, jun., (6.) Improvement Commissions, 679,6831., or nearly dues of 1866, which amounted to 1,263,3781. (12.) Local boards, 823,6111.; the corresponding sum in 1866 was 308,132., showing an augmentation in one year of 515,000l. The sums in both cases are stated to include "district fund account." The details of all these rates are printed in the Blue-book, and are not in a collected form, we believe, to be found elsewhere. The particulars are sent to the Home Secretary by virtue of the 23 & 24 Vict. c. 51. The total of the foregoing is 4,738,000l., or 1,069,000l. (or 30 per cent. nearly) beyond the similar aggregate of 1866. The following statistics are obtained from other and independent returns made to Parliament:-(13.) Poor-rate (including county, borough, and police rates; also the highway rates of certain districts), 10,303,6651., against 9,573,7721. in 1866, or more by three-quarters of a million. (14.) Coal and wine duties, police, ward, and sewer rates, of the City of London, 497,7221., an increase compared with 1866 of 25,000l. (15.) Borough rates, 996,000l., against 1,728,2611. in 1866. If these amounts be correctly stated, which we doubt, it would seem that the borough councils managed in 1867 to do with half the rates they required in 1866; how is this to be explained? As we formerly pointed out, the annual returns from English boroughs appear to have been "pigeon-holed" for years. In 1854, according to the Home Office figures, these rates only summed up to 311,9531. This is given in the local taxation return published by that department in 1865. (16.) Highway rates, 646,7461. in 1866, against 1,362,236 in 1865. The compiler is apparently ignorant of the fact that the decline of 50 per cent. arises from the transfer of about half the highway rate to the ordinary poor-rates; the disbursements for highways from this source amounted to 596,000l., according to the Poor Law office's last report. (17.) Turnpike tolls in 1866, 970,9251, or less than in 1865 by 96,000l. And, finally (18), pilotage and light dues, 612,4371., showing the very large increase over the previous return of 116,000l. This excess arises in the light dues, which are stated respectively as 306,8491. and 196,2521.; the smaller amount has been abstracted from a Parliamentary paper presented in 1862, and the larger from one in 1868. The six last named local taxes amount to 14,028,000.; this, added to the total given above, makes 18,766,000l., and, judging from what we know of more recent returns, these taxes, with trivial exceptions, continue upon the ascending scale. The debts secured upon the rates (which we have numbered 1 to 12) amounted at the end of 1867 to 30,019,0007. The harbours were burthened with more than half of this-namely, 18,899,000.; Improvement Commissioners were responsible for 3,070,000l.; and local boards for 3,332,000.; these, in gravity were the principal. The indebtedness of the most serious of our local taxes (taxes 13 to 18) are not stated, though much information is annually laid before Parliament upon the subject, and was, we presume, within reach of the blue book's official parent.-Pall Mall Gazette. REAL PROPERTY LAWYER AND CONVEYANCER. NOTES OF NEW DECISIONS. CUSTOMARY ESTATE VOLUNTARY CONVEYANCE-DESCENTB., being entitled to a customary estate, ex parte materné, executed a deed by which he conveyed the property, for a nominal consideration, to N., who, after being admitted as tenant by the lord of the manor, executed a voluntary deed, whereby he declared that he held the property upon such trust as B. by deed or will should appoint, or in default thereof, in trust for B. and his heirs in fee. B. died without exercising his power of appointment: Held, that the descent had not been broken, and that the heir ex parte materna was entitled to the property: (Nanson v. Barnes, 20 L. T. Rep. N. S. 154. V.C. M.) REDEMPTION SUIT-MORTGAGE-DECREE FOR ACCOUNTS.-On bill to redeení a mortgage, under which the filed was secured present and future advances and interest, and the ex penses attending any sale, and any action or H suits which might be thought necessary, and the costs of the mortgage-deed itself, and it was provided that the amount recoverable should not exceed, a decree was made at the hearing for an account of what was due to the defendant, and of the sale moneys, &c., received, or which, but for his wilful default or neglect, might have been received, by him, and it was ordered that such receipts should be applied first in discharging the interest, and next in sinking the principal secured, it was: Held, that as the decree would be read as though it contained the now disused direction to make all "just allowances," the mode of taking the accounts must be in the sum of £ appointed by the will of the said E. F., in the premises, to hold the same unto Dated the 18 determined by reference to the deed itself, and LANDLORD AND TENANT-AGREEMENT For a LEASE-Right of SHOOTING.-B. agreed to rent a house with 100 acres of land, with the exclusive right of sporting over 800 acres more, paying 300l. a year for the house and land, and 100l. for the shooting. A draft agreement for lease was signed, and without more B. entered and continued to the end of the term. But a formal agreement was prepared but not executed, and some stipulations of this agreement had been carried out. During the last year of this tenancy a tenant of the 800 acres began to cut away some underwood. B. remonstrated without effect, and within a year of the termination of his tenancy filed a bill for specific performance of the agreement for the lease and to restrain the cutting: The court dismissed the bill: (Turner v. Clowes, 20 L. T. Rep. N. S. 214. V.C. M.) ELEMENTARY PRECEDENTS IN CON VEYANCING. (a) A Collection of practical Forms designed for pro- (Continued from page 433.) 87. Notice of adoption of additional surname (b). Dated the deceased. I beg to give you notice that by an indenture bearing date &c., and made between E. F, of &c. [assignor], of the one part, and me the undersigned G. H., of &c. [assignee, of the other part, for the valuable considerations therein mentioned, the said E. F. did thereby assign unto me, the said G. H., my executors, administrators, and assigns, all the interest of him, the said E, F., (a) By THOMAS WILKINSON, Esq., Liverpool. (b) See hereon Barlow v. Bateman, 3 P. Wms. 65; Davies v. Loundes, 1 Bing. N. C. 597; and Hansard, vol. 167, 3rd series, 430. Company. To the directors of the In pursuance of the Policies of Assurance Act 1867, I beg to give you notice that by an indenture dated &c., and made between &c., [parties] All that policy &c. [parcels], was thereby assigned by the said A. B. [assignor], unto me, my executors, administrators, and assigns absolutely, subject to then due to the payment of the sum of £ the said company, and charged with interest on the said policy, and of all interest thereafter to accrue due on the same, and subject also to the payment of all moneys thenceforth to become payable for keeping on foot the said policy. Dated the day of 18 C. D. [assignee. 91. Notice of mortgage of life policy. To the directors of the Company. 1867, I beg to give you notice, &c. [continue In pursuance of the Policies of Assurance Act according to Precedents 89 and 90, and to the facts, and proceed]. And also that the said indenture, contains powers to sell and dispose of the said policy, moneys, and premises, and other powers and authorities to be exercised by me, my executors, administrators, and assigns, having for their object to secure the repayment to me and them, of the principal moneys and interest thereby secured (b). day of C. D. [assignee]. 92. Notice to mortgagee of second mortgage of freeholds. Dated the To A. B. [first mortgagee]. 18 Please to take notice that by an indenture dated &c., and made between Y. Z. of &c. [mortgagor] of the one part, and me the undersigned C. D., of &c., siderations therein mentioned, All that piece of [second mortgagee] of the other part, for the conland, &c. [parcels] mortgaged to you by the said Y. Z., and whereon the sum of £ , or thereabouts, is now due, was, with its appurtenances, granted by him unto and to the use of me the said C. D., my heirs and assigns, by way of mortgage, with power of sale for securing £ and interest. And the said Y. Z. did thereby assign unto me, upon certain trusts therein mentioned, all the surplus moneys, to arise from the sale of the said premises, under the powers or trusts contained in your said mortgage after payment and satisfaction to you of the moneys thereby secured. day of C. D. [second mortgagee]. 93. Notice to depositary of charge on lease. To A. B. [depositary], Please to take notice that by an agreement, (c) dated &c., and made between C. D. of &c. [lessee, of the one part, and me the undersigned E. F. of &c., [mortgagee] of the other part, in consideration of £ then lent by me to the said C. D., he did thereby charge all his interest in a certain indenture of lease dated &c., of all that &c. [parcels], with the appurtenances now in his own occupation for the residue of a term of years from the day of 18 subject to the rent, covenants, and conditions therein reserved and contained, which lease is deposited with you, and held for the mutual benefit of lessors and lessee. And the said C, D., did thereby also charge the (a) This power is now mere surplusage. See 30 and 31 Vict, c, 144, s. 1. (b) The acknowledgment of these notices is now rendered obligatory upon insurance offices, on payment of a fee not exceeding 5s. (30 and 31 Vict. c. 144, s. 6.) (c) The precedent to which this notice has reference is Precedent 62, supra. |