THE COURTS & COURT PAPERS. COURT OF CHANCERY. (Before the CHIEF CLERKS.) THE BIRMINGHAM BANKING COMPANY. Mr. CHURCH, the Chief Clerk, gave his decision to-day respecting the application made to him on behalf of Mr. Brinsley (as representing those interested in the bank), for leave to inspect the books. The CHIEF CLERK made an order for the inspection of the books, but refused to appoint a representative of the shareholders. BARNED'S BANKING COMPANY. To-day the case of Barned's Banking Company, under the winding-up order, came on before Mr. Church, the Chief Clerk of the Master of the Rolls, on an important question in " 45" summonses raised on as many affidavits, the object being to vary the certificate of the Chief Clerk as to contributories. It was a point of considerable interest to shareholders in public companies. Emanuel on the part of the forty-five shareholders on the list, applied for a summons to vary the certificate as to the contributories on the ground that evidence had been obtained on which he showed alleged fraud, by which they had been induced to take shares on a false or exaggerated prospectus coined by the directors. There had been a special examiner appointed, and on the evidence given he grounded his application, and that would open the second question, which would first have to be considered, and that was a rule of court, which required all applications to be made within "eight days" of the certificate. He cited two cases in which leave had been given where the eight days had expired. The CHIEF CLERK thought the first point was, as to this application being made by motion to the court or at chambers. Emanuel admitted that it was so. All he could say was, that he had been unable to find any case on the point. He was, however, willing to go to the court on motion. The CHIEF CLERK said he would ascertain whether any case had occurred before he decided the matter. No doubt this putting a man on a list of contributories was a very summary proceeding, and if he considered he had a good defence, which he could not know until after the period allowed had expired, it did seem right that he should be able to use it. Handson, from the office of Messrs. Freshfield and Newman, solicitors to the liquidators, denied that there had been any fraud. The case had been published in the newspapers, and he wished his denial to go forth. The CHIEF CLERK said Mr. Handson could not suppose that he had given any opinion on the subject. He could not do so. Handson wished his denial to be public. decree or decretal order" were inserted there- Friday...... Nov. 16 And rule 13 of the same order shall be read as if motion for a decree or decretal order, shall set motion within the time above limited, the defendant 3. If the plaintiff shall fail to set down the may either move to dismiss the bill with costs, for want of prosecution, or set the motion down at his own request. 4. The Clerk of Records and Writs shall not give a certificate that a motion for a decree or decretal order is in a fit state to be set down until after the expiration of the time allowed to the plaintiff, by rule 7 of Order 33, to file his affidavits in reply, in case the defendant shall have filed any affidavit, or until after the expiration of the time allowed to the defendant, by rule 6 of Order 33, to file his affidavits in answer, in case the defendant shall not have filed any affidavit. But in case the time allowed for either of the purposes aforesaid shall be enlarged, then not until after the expiration of such enlarged time. 5. In all cases in which the time allowed by rules 6 and 7 of Order 33 for filing affidavits in answer or in reply shall be enlarged, notice thereof shall be given to the Clerk of Records and Writs by production of the order for such enlargement. CHELMSFORD, C. COURT OF CHANCERY. WINDING UP CASES. ......... 17 Petitions in lunacy, appeal petitions, and appeals Appeals Saturday ........ 19 Ditto Saturday Monday ......... 22 Appeal motions and appeals Petitions in lunacy, appeal petitions, and appeals 24 Appeals 26 Appeal motions and appeals N.B. Such days as the Lords Justices shall be engaged Council, are excepted. in the full court, or at the Judicial Committee of the Privy All separate applications, whether for cheques, directions, or otherwise, must be put into the chief Friday clerk's list. The junior clerk will, on request made before twelve o'clock on any day, put any such case (if urgent) in the list for the next day. All necessary papers must be left with the junior clerk at the time the case is put in the list. No cheques will be delivered out except to the 7 Ditto 8 Motions, adjourned summonses, and general paper Petitions, adjourned summonses, and general paper 9 Short causes, adjourned summonses, Saturday ......... 10 Monday............ Tuesday Wednesday Thursday and general paper 14 Ditto 15 Motions, adjourned summonses, and general paper Emanuel expressed his willingness to go to the official liquidator himself or to some person au tho- Friday 16 Petitions, adjourned summonses, and The CHIEF CLERK said he would consider the question and give his judgment to-morrow. It was his impression that the application should be made to the Court by motion and not by summons at chambers. The decision accordingly stood adjourned. THE DINING HALLS COMPANY (LIMITED). The affairs of this company, under the Windingup Act, came on to-day before Mr. Church, and stood over. Several persons attended to make claims, and it was intimated that an arrangement might be made. The claims were ordered to be entered, and the case stood over. Re OVEREND, GURNEY, AND CO. (LIMITED). The opinion of the Vice-Chancellor, Sir R. T. Kindersley, on the propriety of the orders to enforce the call which were made by the chief clerk, Mr. Buckley, on the 29th inst., will be taken on Monday, Nov. 5, at half-past three, instead of yesterday, as originally proposed. REGULA GENERALIS. ORDER OF COURT.-Oct. 6, 1866. The Right Hon. Frederick Baron Chelmsford, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Hon. John Lord Romilly, Master of the Rolls, and the Hon. the Vice-Chancellor Sir Richard Torin Kindersley, doth hereby, in pursuance of the stat. 15 & 16 Viet. c. 86, and in pursuance and execution of all other powers enabling him in that behalf, order and direct in manner following: 1. Art. 1 of rule 10 of Order 83 of the Consolidated General Orders, and rules 12 and 13 of the same Order shall be respectively varied, and as varied shall be respectively read as follows: Art. 1 of rule 10 of Order 33, and rule 12 of the same Order, shall be respectively read as if the words "or set down a motion for a decree or decretal order" were expunged therefrom respectively, and in lieu of those words, the words "or serve a notice of motion for a Judicial Committee of the Privy Council. The Judicial Committee will commence sitting for the dispatch of business on Thursday, the 1st Nov. 1866, at half-past ten a.m. London, Chatham, and Dover Railway Company (apps.) McGilvery and others (resps.) Admiralty Court. Sols, : Jenner for apps.; Clarkson for resps. Cassanova (app) O. S. L. the Queen (resp.) Vice-Admiralty Court of Sierra Leone. Sols.: Rothery and Co. for app.; Her Majesty's Proctor for resp. Solano (app) Bismullah, Begum, and another (resps.) Bengal. Sols.: Chilton and Co. for for resps. app.; Henderson Wallace (app.) Judges of Supreme Court (resps.) Nova Scotia. Sols: Hill and Son for app. Bufe (app.) Denker and others (resps.) Heligoland. Sols. : Lever and Son for app. Es.anchunder Sing (app.) Shamachurn Bhutto and others (resps) Bengal. Sols.: T. L Wilson for app.; Oehme for resps. Cowasjee Nanabhoy and others (apps.) Laullhoy Vullu- Streemuthoo Raghoonadha Perya Oodya Taver (app.) Nunes (app.) Carter (resp.) Jamaica. Sols.: Purrier for app.: Tuke and Valpy for resp. Rev. E. Parker (app) Leach (resp.) Chancery Court of Court of Appeal in Chancery. (Before the LORD CHANCELLOR and the LORDS JUSTICES.) Appeals. Belaney . Belaney Massey v. Massey Ennor r. English and Foreign Credit Company (Limited) Ennor r. English and Foreign Credit Company (Limited) Phillips r. Hudson Fielden, Bart., r. Mayor, &c. of Blackburn Attorney-General v. Staffordshire Copper Extract Company (Limited) Simmons . British Nation Life Assurance Association Grady r. Taylor Thornton r. Howe Tilley v. Thomas Attorney-General. MidKent Railway Company Pilgrim . Auction Mart Company (Limited) Eyre r. Stilte Osborn v. Duke of Marl- Causes. Baxendale v. West Midland Railway Company Baxendale r. Great Western Railway Company Baily v. Keighly Stevens r. Harvey Cox . Horsley Cox r. Horsley Ricketts r. Long Cross r. Raveu Cooper r. Jarman England v. Lavers Brancker v. Carne Carne r. Brancker Omerod r. Rostron Rolls Court. Causes, &c. Verelst r. Midland Railway Wood r. Joynson Kidd r. Tomlinson Gellatly r. Smith Phillipson v. Mayor Mackintosh v. Steuart Robinson v. Boycott Re Hayslem-Royer r. Marshall Ra Robinson's Estate Overmau r. Overman Kerby r. Hampson West v. Rowberry Hodgson r. Churchman Railway Company London and South-Western Bank (Limited) v. Maples Hodder v. Gilbert Robins r. Edwards Daveron v Barlow Collyer v. Collyer The Governor, &c., of the Wakefleld v. Duke of Buc- Smith v. James cleugh Dickson v. Wason Morrill v. Withey Taylor v. Pearsall Sullivan v. Ward Lloyd v. Ashford Ashman v. Sperring Binney v. Chattaway Rothery r. Nelson Trickett v. Russell Upton r. Mavor Mackenna v. Parkes Johnston v. Brunskill Fox v. Dellestable Thomas v. Cresswell Ormandy v. Okell of Manchester Wyatt Steel Feaver v. Williams Brocklesby e. Lyford Aders r. Hogg Absolone. Gibbon Stauiforth r. White Bailey v. Bailey Wimsett r. Simpson Niblett Bristol and South Wales Uniou Railway Ilderton Dutton Atkinson v. Swann Rowley v. Broade Humphreys v. Humphreys London and North-Western Turner v. Turner Foster v. Jones Bromilow r. Haddock Gardner r. London, Chatham, Drawbridge r. Same The British Prudential and Company r. Bradburn The British Prudential and Assurance Company v. Chadwick Short r. Roberts Robertson v. Scott Danelle Hayling Railway Company. V. C. Wood's Court. Causes, &c. Horwood r. Bagnall Jackson r. Bognor Railway Williams v. Bagnall Joint-Stock Discount Com- Foster r. Gladstone Hallows r. Fernie Nicholl r. Jones Greenhalgh r. Rumney International Bank (Limi- Morgan r. Fuller Simon v. Edwards ted) r. Gladstone Attorney-General v. Earl of Pigou v. The Estate Com- Saunderson v. Fowler pany (Limited) Loveridge v. Bates Yeatman r. Read Beecher v. Major Waterlow r. Bacon Shoolbred v. Metropolitan Railway Company Barker v. Barker Evans v. Williams Attorney-General r. West Newall v. Telegraph Con- Skey v. Skey Peek v. Matthews Williams e. Gratrex Slee . International Bank Eastwood r. Lockwood (Limited) Baines r. Ibbetson Chamberlaine v. Orred Brooks v. Ponting Orred v. Chamberlaine Hicks r. Slade De Winton r. Evans Hooper . Elliot Smedley v. Smedley Jackson v. Cartwright Jackson r. Tyas Symmington r. Whitehead LONDON-Reg. r. Lord Mayor of the City of London BUCKINGHAMSHIRE-Reg. v. Wycomb Railway Company SOMERSETSHIRE-Reg. v. Brannan BLACKBURN-Kenyon and another v. Wilkinson YORKSHIRE-Barnsley Local Board of Health r. Sedgwick Board of Works MIDDLESEX-Reg. r. Whitley ment Committee of the Faversham Union OXFORDSHIRE -Watson v. Coates METROPOLITAN POLICE DISTRICT-Allen v. Baldock LAW SOCIETIES. SOCIAL SCIENCE CONGRESS. discouraging such gifts. No restriction, therefore, bread, clothes, apprenticing loans, and small money doles, upon which the Education Commissioners cast a longing eye. It was now urged that charity might be well spent on the reform of small dwellings, and we might soon hear of bequests in aid of Mr. Peabody's fund. Mr. W. M. FAWCETT, of the Hill, near Brough, Westmoreland, read a paper on "The Law relating to charitable gifts.” of the fact that the testament was that of the testa- Mr. PERCY W. BUNTING read a paper on "Perpetual Charitable Trusts." The existing law on these trusts was defaced by glaring anomalies and legal subtleties which ought to be removed. Having reviewed these anomalies, he proceeded to consider some of the suggestions that had been made for the amendment of the law. One of these was that the income arising from property bequeathed for charitable purposes should only be so devised to charity for a certain fixed period and not longer. But there was this difficulty in the way: what was to be come of the corpus at the end of that period? Either the State must seize upon it, or it must pass to the heirs or next of kin, or the testator must have the right to take advantage of both public purposes append a series of family limitations according to the usual rule. The last would perhaps be the best course of the three. The doubtful analogy between public and private bequests ought not to be made a pretext for measures which were really aimed at our whole policy of permitting or encouraging testamentary benevolence. management, nothing but an actual suspension of charities was necessary, and that was necessary to bring the administration of endowment lands to the level of that of private. It was very common to assert that posthumous charity was not true charity, because it did not involve self-denial. It was also often urged that relatives were dis DEPARTMENT OF JURISPRUDENCE AND periods, and after exhausting his powers for As to The subject of charitable trusts had been several times considered by this society and the Law inherited from improper motives, but as a rule portion of their wealth to this desirable object? But Amendment Society before and since their amalgamation. He should endeavour to present a summary of the rules or principles which it appeared to him should govern legislation on charitable endowments. He included in the term every permanent application of property to a public purpose, in relief or aid of such views were exaggerated. Abuses, however, had been made! If the object of the law is to discourage the creation of charitable endowments, it is no less inconsistent and ineffectual for accomplishing this purpose. For it is a well-known rule of equity that charitable trusts shall receive a more liberal construction than is allowed in the case of ordinary trusts. A charitable legacy is never allowed to fail for want or default of trustees, nor from lapse of time. All defects in conveyances to charities are supplied, where the vendor is capable of conveying; and however indefinite and uncertain may be the bequest, as if it be made simply for charitable uses eo nomine, the Court of Chancery will treat it as a valid charitable bequest, and will execute it for such charitable purposes as it shall think fit. And even though the donor has specified as the object of his gift a purpose contrary to the policy of the law, or which cannot be accomplished, the court, if a general intention of charity appears in the instrument of gift, will devote the property to some other charitable purpose. Thus, while "impediments are thrown in the way of devoting land to charitable uses, if those impediments are once overcome, the land thus appropriated is never suffered to revert to the donor or his representatives." Let us now pass from this examination of the reasons alleged in favour of the existing law to a very brief consideration of the may be mentioned the litigation occasioned by the evils to which it gives rise. First among these restrictions imposed on charitable gifts. Lord Kingsdown deliberately stated before the Mortmain Committee of 1851 that "if the strict law were always administered, scarcely any property could be safely disposed of, where legacies are given to charities, and the property is at all considerable, without a suit in Chancery." To this high authority nothing need be added; but I commend to the consideration of our legislators a remark made by Mr. Mill in his "Political Economy," and which I believe to be fully borne out by experience: "In England whoever leaves anything beyond trifling legacies for public or beneficent objects, when he has any near relatives living, does so at the risk of being declared insane by a jury after his death, or, at the least, of having his property wasted in a Chancery suit to set aside his will." The complexity of the provisions of the law, and the great number of exceptions which have, from time to time, been introduced in favour of particular institutions, were another source of grievous hardship to charitable the hands of a fraudulent purchaser. But to every-tion, but it did not seem to go far enough, as it mischievous, inconsistent, and practically inde- Mr. BUNTING said this was a subject to which he had been compelled to pay much attention, and he had become acquainted with the theoretical and practical considerations which it involved; and as to the question before them, imposed upon the power of disposing in per "What conditions or limitations ought to be petuity of property, real or personal, for charitable or other public purposes ?" his answer was, None at all." all the papers had come to the conclusion that (Hear, hear.) The writers of the distinctions between real and personal property, and between deed and will, ought at once of public policy, and no economical reasons, why to be absolutely abolished. He saw no reasons any of these distinctions should prevail. One thing was perfectly clear to him-that they would have to exclude from the operation of their proposed law of perpetuity, in its new donors. How is a man to know what kind of pro-he very much encouraged. It was said that application, property which was intended to perty he may, and what he may not, give to a charity; or which charities are excepted from the Act, and which are still subject to its provisions? I believe it is no exaggeration to say it is next to impossible for an unprofessional testator to frame a perfectly valid bequest to a charity. And even with professional assistance a testator is by no means secured against the failure of his charitable intention. "The largest charitable bequest I have ever known," said Grove, addressing the Manchester Law Association, in 1845, "entirely failed, owing to the solicitor who made the will neglecting to inform the testator that they could not be satisfied out of money on mortgage, of which his personal property wholly consisted." Another evil to which the system of restrictions over charitable gifts has given rise is the multiplication of secret or honorary trusts. It is, of course, impossible to ascertain the extent to which the practice of devising lands on these trusts had been carried; but the evidence Igiven before the Mortmain Committee (1844) leaves no doubt that the system prevails to a much greater extent than is commonly supposed. Among the Roman Catholic community especially, the device would appear to be frequently resorted to -the nominal devisee being usually a priest. Recent decisions of the Court of Chancery have actually established the validity of secret trusts, provided no trust appears on the face of the will, and no communication is made to the devisee during the testator's lifetime. So that at the present day a testator who wishes to leave lands to charities by will, has only to devise them absolutely to some friend on whose honour he can rely, to abstain from speaking to the devisee on the subject of the devise during his lifetime, but to inclose a note in his will, stating the objects to which he wishes the property to be devoted. A door is thus opened to evasion, which may possibly render unavailing the restrictions alterations and amendments of the law were also would be cleared away. his views as to the selling of lands held by have some religious application; and if they did not include it, the proposed application of their principle would be very partial, and the question application would cause endless litigation. They whether property was or was not of religious could never repress the natural desire of man public objects; and all sorts of contrivances to favour particular objects, especially particular would be resorted to to avoid the new law of perpetuity, which would in many cases succeed. should be no distinction as to the disposition of Mr. G. R. TENNENT considered that there real or personal estate, and that there should be no check upon the power of the donor, except what might arise from undue influence. Mr. WEBSTER believed the original views with which the first laws against mortmain were introduced by our ancestors were sound views. It was established by decisions that no purpose of immoral or illegal in its object, or subversive of be rejected or overruled, if it was not positively a testator, however ridiculous or trifling, was to the public good. He conceived it would be wiser to treat such benefactions in the spirit of the Roman law, which declared certain devises to the maintenance of a large number of houses, The Law of that kind to be contrary to nature and law. The person who devoted a large sum of money surely had no better claim to protection than the person who, under the Roman law, devoted his property to the benefit of distant tribes or strangers. hands of the charitable trustees. applause) said he had listened with very great Lord BROUGHAM (who was received with imposed by the Act of Geo. 2. But it is obvious that sity or of so much value to the public good that pleasure to the statements which had been made. a door is also opened to fraud and dishonesty, for if time, land is continually becoming more valuable, of money increases little in worth with the lapse of and the income of the donors may be doubled or trebled in the course of a single century. I need only refer, by way of illustration, to the well-known case of King Edward's school at Birmingham. Thus, while money may be misappropriated by fraudulent trustees, and so completely lost, land is always in sight, cannot be sold by the trustees without public observation; and, if sold, can always be followed into the state of the law in a very clear position. chapels, schools, and hospitals are examples in upon having been honoured with the presence of The CHAIRMAN congratulated the meeting Lord Brougham, because, of the very numerous pages of history in which his lordship's name could appear with distinction, the page which described his first great exposure of the abuses of the charities of England would not be the least important. It was also a pleasing circumstance that they should have received a letter from that distinguished public man, M. Garnier Pages, who in his letter expressed his regret at not being able to be present in the celebrated city of Manchester, and also stated the steps that he had taken for the amelioration of the law in France. He (the chairman) further congratulated them on the complete discussion they had had. He considered it a great evil that charities should tie up such a large quantity of land. In conclusion, he thought that if Mr. Mill had been able to have been present, he would have been extremely pleased, and would have met with a great additional argument in favour of the enfranchisement of women if he had seen the remarkable attention of the large assembly of ladies at that meeting, which might have been supposed to be of no interest to them. (Applause.) LEGAL OBITUARY. NOTE. This department of the LAW TIMES is contributed by EDWARD WALFORD, M.A, and late Scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain; and, as it is desired to make it as perfect a record as possible, the families and friends of deceased members of the Profession will oblige by forwarding to the LAW TIMES Office any dates and inaterials required for a biographical notice. THE LATE LORD IVORY. With James Ivory, who from 1840 to 1862 filled under the title of Lord Ivory one of the seats on the Scotish bench, and who died on the 17th ult., has passed away the last survivor of that small but distinguished body of men, who, in the days when Liberalism was something different from the popular highway to place and power which it has been of late, shed so much lustre on the Liberal side of the Scottish Bar. Cranstoun, Fullerton, Jeffrey, Murray, Moncrieff, Cockburn, and Ruther: furd had all predeceased their friend and fellowworker in the Liberal cause, who now too soon has followed them. Mr. Ivory was born in 1792 at Dundee, where his father was an engraver, still remembered there for his mechanical skill and literary attainments. His early education was received at the Dundee Academy, where he was distinguished for his natural talent and industry. After passing one or two years in the town clerk's office in Dundee, he went to Edinburgh, and entered the office of Messrs Inglis and Robertson, writers to the signet, where he succeeded to the stool of the late Lord Wood, who had left shortly before to join the Scotch Bar. He served an apprenticeship in this office, acquiring there that intimate knowledge of the details of business which he afterwards showed that he possessed in a marked degree. He at this time also attended the Edinburgh University, and took part in the proceedings of its debating societies, where his literary talent and powers of close reasoning enabled him to occupy a prominent position. He inherited from his uncle, Sir James Ivory, the celebrated mathematician and astronomer (of whom Lord Brougham lately declared in his inaugural address as Chancellor of the Edinburgh University, that he was the most eminent mathematician that has appeared in this country since the days of Sir Isaac Newton"), a love or rather a passion for algebra and the higher mathematics, which never left him through life, and the effect of which could be traced in the subtle analysis which he brought to bear on all questions that came before him in his judicial capacity. In 1816 he was called to the Scotch Bar, and it was not long before his merits began to be recognised and business to flow in upon him. In those days of written pleadings his literary talent proved of great service to him, and there were few men who could with greater clearness or in more exquisite language expound or enforce a legal principle or trace it to its application. His writings, buried as they are in "that vast tomb of acute intellect, the session papers," are models of their kind, and John Clerk, the late Lord Eldin, went the length of declaring him "the best writer he ever knew at the bar." Before he had been called to the bar he published anonymously a small treatise on the forms of process, which has been often quoted as, in spite of the technical subject, a model of clear and lucid composition; aud in 1827 he published the first volume of his edition of Erskine's Institutes, which still remains undoubtedly the best. The second volume followed several years after. In 1830 Mr. Ivory was chosen by Lord-Advocate Jeffrey as one of his deputes. He was appointed sheriff of Caithness in 1832, and transferred the following year to the sheriffdom of Bute. In 1839 he was appointed Solicitor-General of Scotland, and in the following year raised to the bench of the Court of Session. In 1849 he was created one of the Lords Commissioners of Justiciary. not exceeding seven days' close confinement, in order to maintain discipline." One wonders whether the Australian workhouses are at all like those in the old country. Seven days' close confinement in the casual ward of any one of our metropolitan workhouses would be a terrible penalty. RED-TAPEISM IN THE EXECUTIONER'S DEPARTcutions in Spain are accompanied has just taken MENT.-The singular formality with which exeplace again at Madrid. In this instance the criminal was a young man, an engraver, named Sanz, who had been arrested for participation in the events of June last. The gendarme who fulfilled that mission appears to have acted with a certain brutality, and Sanz, on being acquitted, resolve to take revenge, and, lying in wait for the other, stabbed him to the heart. Being arrested and tried, he was condemned The same qualities that characterised his pleadings at the bar distinguished him on the bench. His judgments were remarkable for the patient analysis and minute labour they displayed, and for the elegance of the diction in which they were expressed; and the soundness of the conclusions at which he arrived was generally acknowledged by the Profession, and confirmed by the paucity of the reversals on appeal they sustained. In the celebrated series of cases decided by the Court of Session and House of Lords, which led to the disruption of the Church of Scotland in 1843, he was, indeed, one of the minority of the Court who throughout supported the views of the Non-Intrusion party, and maintained that the Court of Session to die by the garrotte, and the sentence was carried Church courts in spiritual matters; but the minority performed his office in Spain, he is surrounded by had no jurisdiction to interfere with the acts of the out a few days back. After the executioner has included along with his own the names of Jeffrey, Cockburn, Fullerton, and Moncrieff. When and thence before an examining magistrate, when gendarmes, loaded with chains, and taken to prison, he retired from the bench in 1862, feeling the the following dialogue takes place: You are acfirst approach of the illness which eventually cused of having taken the life of a man." carried him off, he was the senior judge in the court, answers the executioner, "it is true." "What was and to his close reasoning, unwearied labour, and your motive for the crime? "To obey the law mastery of legal principle, had been due not a little and fulfil the mission confided to me by justice." An of that prestige which has surrounded the first divi- indictment is then drawn up, and on the following sion of the Court of Session for many years. Lord day the man is taken before the tribunal, which imIvory married in 1817 the daughter of Mr. Alex-mediately pronounces an acquittal, and the prisoner ander Lawrie, Deputy Gazette Writer for Scotland, is liberated, after his confinement of twenty-four by whom he had a numerous family. Two of his sons are members of the Scottish Bar; his eldest son, Mr. Thomas Ivory, being counsel for the Commissioners of Woods and Forests; and his fourth son, Mr. William Ivory, sheriff of Inverness-shire. He was, as we have said, a Liberal in politics, and a Liberal in" the worst of times" when such a profession of faith involved no small professional and even personal sacrifice. His liberalism was not the mere adoption of a political creed, but proceeded from a large and feeling heart. How large and how full of generous and kindly feeling those best know who were privileged to enjoy the friendship of one of the kindest, most genial, and most true-hearted of men. hours. "Yes," BOTTLING A PROSECUTOR-A novel mode of ending a prosecution has been revealed at the Staffordshire quarter sessions, in an application for the discharge of a person named Robson from Stafford gaol. Robson was last year a farmer in Cheshire, and several head of cattle had been stolen from his farm by some cattle dealers, who were apprehended and committed for trial to Knutsford sessions, where, as the prosecutor did not appear, his recognisances were estreated, and the prisoners were discharged. Two months ago, Robson was met in Staffordshire by an officer to whom he was known, and was lodged in Stafford gaol under the order of estreat. It is now known that friends of the cattle-dealers, immediately after the committal of Knutsford, not only The late Thomas Huxley, Esq., solicitor, of 20, tampered with the witnesses, but even offered a Camden-road, and the Middle Temple, London, who large bribe to the attorneys for the prosecution. Not died at his residence in Camden-road on the 18th content with this, they induced Robson to go to Oct., was the eldest son of the late Thomas Huxley, Liverpool, where they plied him with drink, took Esq, of the Grove, Kentish Town, and of Pump-him on board a steamer, accompanied him to Queenscourt, Temple, by Mary, daughter of Henry West, town, and there left the vessel, the result being that Esq., of Long Crendon, Bucks. He was born at Robson, when he came to his senses, found himself Craven-place, Kentish Town, in the year 1801, irretrievably booked for a voyage to America, and solicitor in 1823. educated at the Charter-house, and was admitted a He married in 1828 Mary Anne, daughter of Thomas Greenhill, Esq., of Southgate, by whom he has left issue eight children. T. HUXLEY, ESQ. H. H. BROWN, ESQ. The late Hugh Horatio Brown, Esq., advocate, of New-hall, and Carlops, Midlothian, N.B., who died at New Hall-house on the 17th Oct., in the sixtysixth year of his age, was the eldest son of the late Robert Brown, Esq., of New Hall and Carlops (who died in 1834), by Elizabeth, daughter of Alexander Kerr, Esq., and was born in the year 1800. Having been educated at the University of Edinburgh, he was called to the Scottish bar in 1822, and commenced practice as an advocate; he was also a justice of the peace and deputy-lieutenant for Midlothian. Mr. Brown married in 1853 Gulielmina Forbes, daughter of Col. Ronaldson Macdonnell, of Glengarry and Clauranald, N.B., by whom he has left, with other issue, Horatio Robert Forbes, born in 1854. LEGAL NEWS. CRIMINAL STATISTICS OF SCOTLAND.-The abstract of returns of prisoners in the criminal department of each prisoner in Scotland for the quarter ended 30th Sept. 1865, which has just been issued, shows that in all the prisons of Scotland on the 30th Sept. there were 2463 prisoners, as against 2523 at the same period last year, being a decrease of 60 prisoners. The average daily number of prisoners throughout the quarter in all the prisons of Scotland was 2483, being a decrease of 22 as compared with the same quarter of 1865. In the general prison for Scotland there were 699 prisoners on the 30th Sept. 1866, being 28 more than at the same date last year; while the average daily number of prisoners in the general prison throughout the quarter had been 704, being an increase of 13 as compared with the same period last year. PUNISHMENT FOR DRUNKENNESS.-The Legislative Assembly of New South Wales has just devised the following punishment for drunkards:"That any habitual drunkard who has been thrice within the preceding twelve months convicted of being found drunk in the highway, may, if found drunk and disorderly in public, be committed by the magistrate to the workhouse, and there kept until the Governor, with the advice of the Executive Council, shall order his discharge. The superintendent of the workhouse is to have the power of punishment, without means to enable him to return. Having secured sufficient for this purpose, he came back to England, and was soon afterwards lodged in prison. These circumstances being stated to the court, the chairman said that he did not see how he could interfere, and advised that a memorial should be sent to the Lords of the Treasury. WILLS AND BEQUESTS.-The will of the Right Hon. Henry George, Earl Bathurst, D.C.L., of Oakley-park, Gloucestershire, Langworth-lodge, Northamptonshire, and Wilton-crescent, Knightsbridge, was proved in Her Majesty's Court of Probate on the 13th ult., by the executors-namely, the Right Hon. William Lennox, Earl Bathurst, his lordship's brother, and Allen Alexander Bathurst, Esq., M.P., his lordship's nephew (heir presumptive to the family honours), and only son of his lordship's late brother, the Hon. Thomas Seymour Bathurst. The personalty was sworn under 90,000. The will bears date July 14, 1842, with two codicils-July 21, 1860, and Jan. 15, 1863; and his lordship died on May 25, 1866, at his seat, Oakley-park, at the age of seventy-six, a bachelor. His lordship was the son of the third Earl Bathurst and Georgiana, daughter of Lord George Lennox. His grandfather, the second earl, was Lord High Chancellor 1771-8. His lordship commences his will with a legacy of 3007. to his then valet, George Johnson, and leaves legacies to his other servants, all to be paid free of duty. He leaves to trustees a sum of 15,000l., the interest for his sister Lady Emily Charlotte Ponsonby, and the principal to her three daughters. He bequeaths to his sister Lady Louisa Georgiana Bathurst an annuity of 400l. He devises his real estates to his brother, now Earl Bathurst, which he has entailed on his issue male, and bequeaths to his said brother the residue of his personal estate. His lordship directs that all his diamonds, pearls, and other jewels, and all plate, pictures, statuary, marbles, paintings, and his library, with the furniture and other effects, be held as heirlooms with the title. -The late Mrs. Ann Hutchings, wife of Charles Hutchings, Esq., of Weymouth and Melcombe Regis, Dorsetshire, has made the following bequests, payable on the decease of her husband, to the undermentioned institutions: The Church Missionary Society, for Africa and the East, 10007.; the British and Foreign Bible Society, Church Pastoral Aid Society, Western Asia Missions, Society for Promoting Christianity amongst the Jews, Religious Tract Society, and the London City Mission, each a legacy of 500%Illustrated London News. |