Roxburgh renewed the appeal to his Lordship, DASHWOOD (Geo.), Broadlands, Whippingham, Isle of Wight, but without success.

I was articled in Jan. 1876, for five years. When can I present myself for this examination. J. V. COLLINS. [The earliest time will be in Nov. 1880, provided you were articled on or before the 10th Jan. 1876.-ED. STUD.'S DEPT.]

FINAL EXAMINATION-RENEWED NOTICE.-Will you inform me if a renewed notice is to be given by candidates who have not presented themselves for final examination, or does such notice extend only to candidates who have been postponed. I saw in the LAW TIMES of May 10, 1879, that a renewed notice must be given fourteen days at least before the date of the examination. SUBSCRIBER.

No. 26 of the Regulation of the Law Society of Nov. 1877, is clear on the point, a renewed notice must be given.-ED. STUD.'S DEPT.]

The imprisonment is to be without hard labour, except where hard labour is authorised by the Act on which the conviction is founded, in which case the imprisonment may, if the court thinks the justice of the case requires it, and so adjudge by their conviction, be with hard labour. It does not seem clear from this clause whether, in all cases where the defendant has goods, a distress warrant is to issue in the first instance. It is sincerely to be hoped that such is not the intention of the framers of the Bill. It would be most undesirable to revert to the old practice, which was happily abrogated by the Small Penalties Act in cases where the sum adjudged to be paid does not exceed £5. The principle established by the Small Penalties Act has, without question, been found in practice to work most satisfactorily in every respect. Experience will warrant its being extended to all amounts payable under convictions, and the process of levying a distress being abolished, especially having regard to the power to give time for payment of penalties, and the other alterations on the side of leniency THE practice in Magistrates' Courts has, since introduced by the Bill. This proposal would the year 1848, been chiefly regulated by two carework no hardship, for if the defendant has fully drawn and well-considered Acts of Parlia-sufficient goods, it is far better for him ment, known by the legal profession as "Jervis's Acts." During the thirty-one years these statutes have been in operation, alterations have been made, and improvements have been effected, but it may be unhesitatingly stated that no such radical changes have been proposed as those contained in the Home Secretary's Summary Jurisdiction Bill now before Parliament.

MAGISTRATES' LAW.

A JUSTICES' CLERK'S VIEW OF THE
SUMMARY JURISDICTION BILL, 1879. (a)
No. I.

The reforms sought to be effected are matters of principle as well as of practice. A careful perusal of the measure will show that its chief aims are 1st, The introduction of greater leniency and indulgence with reference to the penalties and punishments inflicted by courts of summary jurisdiction; and, secondly, The extension of the jurisdiction of such courts with reference to the summary punishment of indictable offences. The Bill proposes other minor alterations, and, although in the opinion of the writer some of its proposals are objectionable, it must be acknowledged that, as a whole, the measure will effect a vast improvement in magisterial law and procedure.

Before going into details, it is desirable to mention that the Bill (2nd schedule) contemplates the repeal of the principal parts of the Criminal Justice Acts, and the whole of the Juvenile Offenders Acts, and the Small Penalties Acts; whilst it preserves, and is, where not inconsistent therewith, to be construed as one with Jervis's Act, No. 2 (relating to summary proceedings).

The 4th section of the Bill proposes to enact that where a court of summary jurisdiction has authority to adjudge a person to be imprisoned, it may, notwithstanding any enactment to the contrary, impose such imprisonment without hard labour, and reduce the prescribed period thereof; and where a fine may be imposed, the amount thereof may be reduced for a first offence. Also where imprisonment is authorised without the option of a fine for an offence punishable summarily, the court may, if it think the justice of the case will be better met by a fine than by imprisonment, impose a fine not exceeding £25. The effect of this clause will be to greatly enlarge the discretion of justices in deciding upon the nature and extent of punishments in summary cases. It is doubted, however, whether the option of a fine should be given for some offences, for instance, in cases of being in possession of housebreaking implements with a felonious intent; being armed with offensive weapons with intent to commit a felonious act; being found in a dwelling-house, &c., for an unlawful purpose; suspected persons and reputed thieves frequenting places of public resort with intent to commit felony openly exposing the person with intent to insult a female; and in some other cases under the Vagrant Act; or for offences committed by convicted persons against the Prevention of Crimes Act 1871.

Sect. 5 gives the scale of imprisonment to be imposed by a court of summary jurisdiction for the non-payment of a sum to be paid under a conviction, or in default of a sufficient distress to satisfy such sum. The period, notwithstanding any enactment to the contrary, is to be such as in the opinion of the court will satisfy the justice of the case, but it is not to exceed the maximum fixed by the following scale :

tions, to dispose of
or his relations or friends, upon his instruc-
or pledge them, than
that they should be seized and distrained upon by
a constable (see sect. 35 of the Bill) and sold,
which always takes place at a considerable
allusion to costs.
sacrifice and expense. The above scale makes no
It has always been understood
that in determining the amount of imprisonment
under the Small Penalties Act the costs men-
tioned in the conviction were to be included, and
probably the same rule of construction would hold
good here; but it would be better that a few
words were added for the purpose of clearing up
any doubt.

(To be continued.)

THE CRIMINAL CODE BILL.
(Continued from page 46.)
ONE of the blemishes of this Bill consists in the
unnecessary definition of offences, and the introduc-
tion of new incidents connected with them; and in
no particulars are these more conspicuous than in
the sections applicable to assaults. If there is one
branch of the criminal law better settled and more
generally understood than another, it is certainly
that which applies to assaults, and yet we have a
copious body of enactments framed to illustrate
this offence in all its varieties, the common law
being sufficient without them, and in many in-
stances introducing conditions which are not only
novel and questionable, but which must neces-
sarily lead to very great doubt and difficulty.
Thus, in sect. 70, we are told as a matter of law,
that Everyone is protected from criminal responsi-
bility for any act done in obedience to the laws
for the time being made and enforced by those in
possession de facto of the sovereign power in and
over the place where the act is done.' Again, by
sect. 67, Every one is protected from criminal
responsibility for performing, with reasonable
care and skill, any surgical operation upon any
person for his benefit. Provided that performing
the operation was reasonable, having regard to
the patient's state at the time, and to all the cir-
cumstances of the case." And again, by sect. 68,
Everyone authorised by law to use force is cri-
minally responsible for any excess according to
the nature and quality of the act which constitutes
the excess"! With such a number of sections
merely affirming the common law, no wonder need
be entertained at the Bill running to the enormous
length of 552 clauses.

passer; and if, after anyone having peaceable possession as aforesaid has laid hands upon any such thing, such trespasser persists in attempting to keep it, or to take it from the possessor, or from anyone lawfully assisting him, the trespasser shall be deemed to commit an assault without justification or provocation." This section certainly introduces novelties in the law of assault, which cannot but result in much embarrassing litigation, Here we have it laid down that a man in peaceable possession of property is guilty of an assault, if in resisting trespasser who is taking his property from him he strike him! He is not justified in resorting to personal violence to prevent a trespasser from depriving him of his property! Such a proposition is, to say the least of it, most extraordinary. The last clause of the section enacts a new kind of assault, namely, a constructive one, for it makes a man guilty of an assault without justification or provocation who persists in attempting to keep possession of an article from the possessor after the latter has laid hands upon it. The difficulties which are likely to arise out of this new kind of assault can easily be imagined, and we really cannot see the necessity or propriety of it. One great and approved feature of the new Bill was the getting rid of constructive offences; but here we have a fresh one intended to be enacted, and associated with circumstances of a very critical nature.

NOTES OF NEW DECISIONS. METROPOLITAN BUILDING ACT-PARTY WALL INJUNCTION.-On one side of and against a wall within the boundary of his land, the plaintiff had constructed certain closets. On the other side of and against the same wall, the defendant, structed a shed. Held, that the wall was a party whose land adjoined that of the plaintiff, had conwall within the Metropolitan Building Act 1855, so far as the structures of the plaintiff and defendant were co-terminous: (Knight v. Purssell, 40 L. T. Rep. N. S. 391. Fry, J.)

SCHOOL BOARD-BYE-LAWS-ATTENDANCE OF CHILDREN EMPLOYED IN FACTORIES. By the Factory Act 1844, s. 31, it is enacted that it shall be lawful to employ any child ten hours in a factory on alternate week days, provided (inter ala) that on the other alternate days the child shall attend school for five hours a day, except Saturday, By the Elementary Education Act 1870, s. 74, school boards may make bye-laws provided (inter alia) that no bye-law shall be contrary to anything contained in any Act for regulating the education of children employed in labour. The respondent was summoned for breach of a byelaw made by a school board requiring all children to attend school twenty-seven hours a week, his child being employed and duly attending school under the Factory Acts. Held, that the school board was not entitled to enforce their bye-law in respect of children who, although not obeying such bye-law, were fulfilling and observing the conditions of the Factory Acts; and that the justices were right in refusing to convict the respondent: (Mellor v. Denham, 40 L. T. Rep. N. S. 395. Q.B.)

INHABITED HOUSE DUTY-LIABILITY OF A WORKING MEN'S CLUB. A working men's reform club, which had never been furnished as a dwelling-house or slept in at night, and which was used in the day time as to the upper floor by an auctioneer for the purposes of his business, and as to the rest of the building for club purposes only, from 9 a.m. to 10.30 p.m., was by the commissioners held liable to be assessed for inhabited house duty. Held, on case stated for the opinion of the court, that the premises did not constitute an inhabited dwelling-house, and were not liable to be assessed for the tax. Statutes as to duty on dwelling-houses considered: (Riley v. Read, 40 L. T. Rep. N. S. 398. Ex.)

COMPANY LAW.

But many of the sections on the subject of assaults contain, as we before remarked, conditions which are not only novel, but questionable. Thus, in sect. 57 it is enacted that "Everyone is justified in using force in defence of his own person, or that of anyone under his protection from an assault accompanied with insult: provided that he uses no more force than is necessary to prevent such assault, or the repetition of it: provided also, NOTES OF NEW DECISIONS. that this section shall not justify the wilful inflic tion of any hurt or mischief disproportionate DIRECTOR-TRUST-MORTGAGE DEED-DEto the insult which it was intended to prevent." BENTURES.-A deed was executed in favour of Now, observing that most of these provisions are trustees who were not directors of a company, quite unnecessary as only affirming the common law, charging all the property of the company in it will be seen that the first portion of the clause favour of the holders of debentures issued theremakes the using of force in defence of his own under. The trustees were not directors, but cerperson, &c., from an assault justifiable only when tain directors held debentures. The liquidators the assault is accompanied with insult. Surely, asked that the debentures held by directors this cannot be enacted as a matter of law! It is should, under sect. 43 of the Companies Act 1862, certainly in open conflict with previous sections; which imposes a penalty on the officer of a comstill, as being the later assertion of the law, it is pany who omits to register a mortgage or charge entitled to be considered as the binding declara- on the company's property, be declared void, and tion upon the subject. But the next section (58) the money secured thereby distributed among the contains a still more extraordinary provision, for general creditors. Held, that the debentures it enacts that" Everyone who is in peaceable pos- created no charge on the company's assets, but session of any movable property or thing, and every-derived force simply from the mortgage deed; one lawfully assisting him, is justified in resisting that there was nothing to show that the directors the taking of such thing by any trespasser, or in "knowingly and wilfully authorised or permitted' (a) By Thomas Cousins, Clerk to the Justices of the retaking it from such trespasser, if in either case the omission to register; and that there was Borough of Portsmouth. he does not strike or do bodily harm to such tres-nothing in the Act and nothing in the general

Where the amount of the sum or
sums of money adjudged to be paid
by a conviction as ascertained by
the conviction

Does not exceed ten shillings
Exceeds ten shillings, but does not
exceed one pound..

Exceeds one pound, but does not?

exceed five pounds

Exceeds five

pounds, but does

not exceed twenty pounds.......

Exceeds twenty pounds

The said
pe-
riod shall not
exceed

Seven days.
Fourteen days.
One month.
Two months.
Three months.

principles of equity to deprive these directors of
their charge. It is the function of equity to re-
lieve from penalties and not to inflict others in
addition to those imposed by an Act of Parliament.
Re Wynn Hall Company (23 L. T. Rep. N. S.
348; L. Rep. 10 Eq. 515; Ex parte Valpy and
Chaplin, 26 L. T. Rep. N. S. 228; L. Rep. 7 Ch.
289); Re Native Iron Ore Company (31 L. T. Rep.
N. S. 777; L. Rep. 2 Ch. Div. 345), discussed,
and held not to apply: (Re The Globe Iron Com-
pany, 40 L. T. Rep. N. S. 380. Jessel, M.R.)
WINDING-UP-COST OF OBTAINING SPECIAL
ACT. By the special Act incorporating a com-
pany it was provided as follows:
"All costs,
charges, and expenses of and incident to the pre-
paring for, obtaining, and passing of this Act, or
otherwise in relation thereto, shall be paid by the
company." Held, that a person who had done work
towards obtaining the Act, but only as clerk to a
promoter of the company, could not prove for his
remuneration in the winding-up of the company
(The Kent Tramways Company, 40 L. T. Rep. N.
S. 393. Fry, J.)

REAL PROPERTY AND
CONVEYANCING.

:

NOTES OF NEW DECISIONS. SETTLED ESTATES ACT-PETITION FOR SALE OF ESTATE OPPOSITION OF CONTINGENT REMAINDERMAN. Where in the opinion of the court it would be more advantageous to sell a settled estate together with property of the testator to which he was absolutely entitled as one estate, the interest of a person opposing who was interested only in the event of four children all dying under the age of twenty-one years without having issue living at their death, held to be too remote for consideration: (Re Spurway, 40 L. T. Rep. N. S. 377. Jessel, M.R.)

PARENT AND CHILD ADVANCEMENT BY WIDOWED MOTHER-LOAN OR GIFT.-There is

no such legal presumption that money advanced by a widowed mother to her child is intended as a gift, and not as a loan, as there is in the case of a father; as there is no such legal obligation upon her to maintain and provide for her children. The question is one of evidence in each case. Where a widowed mother motgaged her jointure and insured her life in order to make an advance to her son, and the son paid the interest on the sum borrowed, and the premiums on the policy: Held, that a loan was intended, and not a gift. Sayre v. Hughes (18 L. T. Rep. N. S. 347: L. Rep. 5 Eq. 376) considered: (Bennet v. Bennet, 40 L. T. Rep. N. S. 378. Jessel, M.R.)

TRUST-HUSBAND AND WIFE-BREACH OF TRUST-HUSBAND'S LIABILITY FOR TENANT FOR LIFE AND REMAINDERMAN-WASTE.—A

testator, after appointing his wife and two others trustees of his will, directed that his business premises in P.-street (which were leasehold) should be sold, if a fair price could be obtained, and bequeathed all the residue of his freehold and leasehold estates, and all he had, to his wife, expressing a wish that, if she married again, it should be so settled as to be quite out of the control of her future husband.' He then bequeathed the house in P.-street, "if not sold, and the money settled as above stated, to be share and share alike between certain persons in the will named. The widow married again, survived her co-trustees, and died in 1876, leaving her husband surviving. She and her husband enjoyed the income of the testator's estate, unconverted, for nearly thirty years. Neither the husband personally nor the co-trustees ever acted in the trust. Several of the leaseholds had nearly run out. The persons entitled in remainder brought their action against the husband, whom they sought to make liable for his wife's breach of trust. Held, that the leaseholds ought to have been converted on the second marriage, and that, in accordance with Smith v. Smith (21 Beav. 335), the husband was liable for his wife's breach of trust; and that the measure of liability was the excess received by the husband and wife, or either of them, over what they would have received if the leaseholds had been converted and the proceeds invested in consols: (Re Smith's Estate, 40 L. T. Rep. N. S. 389. V.C. Hall.)

BANKRUPTCY LAW.
DIGEST OF BANKRUPTCY DECISIONS
DURING 1878.
BILL OF SALE.

(Continued from page 49.)
A BILL of sale of chattels, made to secure re-
payment of an advance by instalments, empowered
the grantee to take possession after default
should be made in payment of any instalment on
the appointed day, or in case, amongst other
things, the grantor should become embarrassed

insufficient and the registration void: (Ex parte
National Bank; Re Willis, 38 L. T. Rep. N. S.
264.)
(To be continued).

in his affairs, or in case any action at law, or such
legal process, should be commenced against him.
There was likewise a subsequent proviso in the
bill of sale, that until default should be made in
payment according to the covenant and proviso
therein contained, it should be lawful for the
grantor to retain possession. Held, reversing the
decision of Bacon, C.J., that the subsequent pro-
viso did not override the clause empowering the
grantee to take possession on the happening of
one of the specified events; and that on the gran-
tor becoming embarrassed in his affairs, the
sub-sect. 1-Clerk or servant.
grantee was entitled to take possession, although
no default in payment had been made by the THIS was an application on motion made by Al-
grantor. Held, too, that a real possession, al-fred Taylor (solicitor), in the liquidation of Henry
though friendly, and not such as to disturb the Charles Brown, tailor, that the proof of Peter Hill,
who had been in the debtor's employ as an as-
apparent possession of the debtor, is sufficient to
exclude the operation of the reputed ownership sistant, at a salary of 27s. per week, should be
clause of the Bankruptcy Act; but to satisfy the allowed, at the sum of £23 8s., for four months'
requirements of the Bills of Sale Act, 1854, in salary, as clerk or servant, within the meaning of
respect of an unregistered Bill of Sale, the posses- the 1st sub-section of sect. 32 of the Bankruptcy
sion must be apparent as well as real: (Ex parte
The National Guardian Assurance Company; Re
Francis, 40 L. T. Rep. N. S. 237.)

SHEFFIELD COUNTY COURT.
Friday, April 25.

(Before T. ELLISON, Esq., Judge.)
Ex parte HILL; Ke BROWN.
Preferential debts-Bankruptcy Act 1869, sect. 32,

Per James, L.J.: Under the Bills of Sale Act, the possession must not be colourable; but under the reputed ownership clause of the Bankruptcy Act, it is quite a different matter. The only question is whether possession was taken by the true owner of the goods with the institution of asserting his rights.

Per Thesiger, L.J.: It would be running counter to all rules of construction to hold that the general proviso is to override the prior special one. On the construction of the deed, there is no doubt that the power to take possession arose on the debtor becoming embarrassed in his affairs, or on the happening of any of the other events mentioned as to the possession; as soon as we arrive at the conclusion that the possession was real, the motives with which it was taken are immaterial: (Ib.).

D., a shipbuilder, being indebted to the plaintiffs in a large sum as security, made an equitable assignment to them, dated the 21st May 1875, of all his right and interest in a steamship built for but not delivered to the Turkish Government, and retained by D. as having a lien on the vessel for its price. D. also agreed to execute any further assurance on the ship to plaintiffs which they might require. This assignment was not registered under the Bills of Sale Act 1854, nor was the ship registered as a British ship under sect. 19 of the Merchant Shipping Act. By an agreement dated 24th June 1876, D. agreed to sell to plaintiffs certain machinery, fixtures, and loose tools upon his business premises at a valuation, but this agreement was never signed by the parties to it. On 18th July 1876 the sheriff, under an execution issued upon a judgment obtained against D. by a creditor, took possession of the machinery, fixtures, and tools, and also of the steamship. On Aug. 22nd the plaintiffs, the sheriff's officer being still in possession, under an authority from D., took formal possession of part of the articles comprised in the agreement of 24th June 1876. Defendant having obtained a judgment against D., a writ of fi. fa. was issued, and on 13th Sept. a levy on the machinery, fixtures, tools, &c., was made under the writ. On an interpleader issue to try the plaintiff's right to the steamship, and to the machinery, &c., as against defendant, it was held, affirming the decision of Pollock, B. that plaintiffs had a good title to the ship, and to the machinery, &c., as against the defendants, because (1) the transfer of the ship by D. to the plaintiffs being within the exceptions in sect. 7 of the Bills of Sale Act, was effectual without registration, and the ship was not a British ship so as to require registration under sect. 19 of the Merchant Shipping Act 1854; (2) The possession taken by plaintiffs on 22nd Aug. of the machinery, &c., constituted a sufficient actual acceptance and receipt to take the agreement of 21st May out of sect. 17 of the Statute of Frauds, and the sale by D. to plaintiffs of the machinery, &c., was valid, notwithstanding they were in the custody of the sheriff when the plaintiffs took possession.

Per Bramwell and Brett, L JJ: A transfer of a ship, which has not been registered as a British ship under sect. 19 of the Merchant Shipping Act 1854, is good, although not made by bill of sale under sect. 55 of that Act.

The owner of goods which are in the custody of the sheriff under a fi. fa. may make a valid sale and delivery of possession to a purchaser: (The Union Bank of London v. Lenanton, 38 L. T Rep. N. S. 698).

A. carried on business as a foreman tailor's cutter, and his wife kept a school and took in boarders at the house in which she and her husband lived. A. borrowed a sum of £50 upon the furniture in the house, to secure which he gave a bill of sale wherein he was described as a foreman tailor's cutter, no mention being made of the school. Held that the description of A. was

Act 1869.

Taylor cited Ex parte Collier (4 Deac. & Ch. 520), and Ex parte W. C. Humphreys; Re Humphreys (3 Deac. & Ch. 114); and contended that, notwithstanding this was an engagement at a weekly salary, the applicant, by reason of the duties performed in his employment, was entitled to be called a clerk or servant, within the meaning of the above sub-section, as distinguished from a

labourer or workman.

on the

Barker (barrister), who appeared for Skyring, the trustee, opposed the application ground that this was a weekly hiring, and the applicant only entitled to two months wages as a workman or labourer, under sub-sect. 2 of the above section of the Act. He cited Ex parte Grellier and Ex parte Crawford (Montagu, 264 and 270.)

His HONOUR took time to consider, and on giving his judgment said, that he could not agree with the decisions under the old Bankruptcy Act, cited by Mr. Barker, as they were, in his opinion, tainted by an injustice. He therefore reversed the trustee's decision, and ordered him to admit Hill's proof in full.

COUNTY COURTS.

WELLINGTON COUNTY COURT.

Friday, May 15.

(Before Serjt. PETERSDORFF, Esq., Judge.) UPON his Honour entering the court, Mr. A. R. Payne said: Before commencing the business of this court, I wish, on behalf of the Profession, to which I have the honour of belonging, to express our gratification and pleasure at once more seeing your Honour amongst us. About three months ago we, and the rest of the public, were apprised, through the medium of the press, of the serious accident which had befallen your Honour at Barnstaple, and I need hardly say how grieved we and the publie were at the news thus conveyed to us, for your Honour has had most fully conveyed to you by petitions and letters, as well as verbally, how great was the sympathy which was felt for you throughout the whole of your district. Thank God, we have now the pleasure of seeing you amongst us again, possessed of that intellectual energy for which you are so well known, and we sincerely trust that your usual bodily strength may soon be restored to you. The courtesy and kindness of your honour, added to your great legal ability, which we so much admire, has won for you the respect and esteem, not only of the Profession, but of everyone having business to transact in this court. It now only remains for me to say that we sincerely trust you may be spared to us for many years, and that in the future you will add additional credit and lustre to that high office which you have so honourably and satisfactorily filled, and which, by your great and varied learning you have adorned in the past.

Upon resuming his seat, Mr. Payne was loudly applauded by those assembled in court.

His HONOUR, in replying, said his principal infirmity was weakness, and he had therefore been guilty of the apparent rudeness of retaining his seat while Mr. Payne had addressed him. The extent of the widespread sympathy, and the continued indications of regret and sorrow coming in from all parts, to a great extent compensated him for the physical suffering he had endured. In no case had the expression of sympathy been made in a more gratifying or more able manner than by Mr. Payne.

MR. J. STRATFORD DUGDALE, Recorder of Birmingham, has written to the corporation of that borough, pointing out that the duties and responsibilities of his office have very materially increased, while the salary remain what it was forty years ago; which communication having been read at a meeting of the council on Tuesday, was referred to a committee for consideration.

LAW SOCIETIES.

LAW ASSOCIATION

For the BENEFIT of WIDOWS and FAMILIES of
SOLICITORS and PROCTORS in the metropolis
and vicinity.
THE Annual General Court was held at the
Hall of the Incorporated Law Society, on Thurs-
day, the 22nd May, Mr. Edward Tylee, solici-
tor, in the chair. After the transaction of
general business the board of directors report and
statement of accounts for the past year was read,
and officers for the ensuing year were elected. The
following is the report:
"THE SIXTY-SECOND REPORT OF THE BOARD
OF DIRECTORS.

"Your directors have the pleasure of submitting to the members of the association a report of their proceedings for the last twelve months.

Your directors have considered thirty cases of the primary class, and have distributed amongst them the aggregate sum of £1445.

"They have also considered the numerous applications of the secondary or non-members class, which have come before them, and have distributed the sum of £150 placed at their disposal amongst seventeen cases.

£13,000 9s. 6d. Last year there were thirty-one | England coming back to her own home. We know members in receipt of pensions. Four fresh the training and the occupation of the sons of the claims have been since received and allowed, and Queen. The Duke of Edinburgh has passed three have ceased by death. Of the present through every grade of one of our most popular annuitants, thirty-two in number, three receive professions. The Duke of Connaught, every inch yearly £31 4s., and the remaining twenty-nine a soldier, has made himself as popular in the mess£36 8s. each. The amount paid to superannuated room as he would be in the halls of the palace. members during the past year has been £1110, Prince Leopald, possessed of a highly intellectual and the total amount thus expended since 1832 is and cultivated mind, has shown not long since £13,380. There have been twelve deaths amongst that he has inherited from his father both the the members during the year, and to the family of accurate view of subjects of common interest, and each £50 have been or will be paid. Ten members' the art of expressing those views in appropriate wives have died during the same period, and each and felicitous language. I ask you, gentlemen, to of these members have received or will receive drink "The health of the Prince and Princess of £25. In satisfying these claims £795 have been Wales, and the other members of the Royal paid, and in previous years a sum of Family." £19,105 Os. 3d. has been expended, making a total sum of £19,900 0s. 3d. paid to members and their families on account of death alone. The income from all sources on account of the general fund during the year (including £1769 17s. 6d. contributed by the members has amounted, to £4786 0s. 9d. and the expenditure to £2839 0s. 8d., the difference having been added to the society's investments. On the 1st April, 1878, the capital of the General Fund amounted to £57,642 14s. 3d., and on the 7th April, 1879, it had increased to £59,589 14s. 4d. [As the interest of more than £1000 Consols is "Your directors recommend to the general required to pay the pension of each of the present court that the sum of £150 be placed at their dis-superannuated members, and as these claims must posal for the cases of non-members for the ensuing continue to increase, the committee have always kept in mind the importance of obtaining an amply secured fund to meet all claims, however numerous, and whenever they may arise.] The Benevolent or Casual Fund is employed in assisting, with small gifts of money, all deserving law clerks, whether members or not, and their widows, when suffering from temporary and unavoidable distress. Fifty-six applications for relief have been made during the year, fifty-one of which were from deserving but distressed persons, who received such assistance as the rules permitted. Out of this fund, also, several small loans have been granted to members who return the exact amount lent (without interest or charge of any kind) by periodical instalments, the sum of £336 having been expended during the year in making these gifts and granting these loans. Assistance of a similar kind has been rendered in previous years to the extent of £15,646 3s. 6d., making a total since 1832 of £15,982 3s. 6d. The amount of the Casual Fund in hand on the 1st April 1878 was £66 15s. which has been increased by the year's receipts to £530 19s. 5d. The gifts and loans before referred to, with some trifling disbursements, amount to £354 5s. 9d., leaving a balance of cash in hand on the 7th April 1879 of £176 13s. 8d. The assistance afforded by the society since 1832 to its members and their families and to non-members and their widows now amounts to £62,291 17s. 6d.

year.

"Your directors have the pleasure to report that they have received towards the funds of the association two donations of £5 5s. each from the principal and ancients of Staple Inn. The annual dividends on the investments amounted to

£1305 8s. 7d.

"There are 251 annual subscribers, the amount received from whom for the past year has been £527 28., which sum, added to the income derived rom investments, makes a total income for the last year of £1832 10s. 7d.

Your directors report with regret the deaths of eight members during the past year. During the same period nine new members have joined the association, of whom two are life members, and seven are annual members.

"Your directors again urge upon every member of the association the importance of his explaining to his brethren of the Profession, who are not already members, the advantage of upholding the association, as the best means of ministering to the necessities of those unfortunately left in needy circumstances.

"Your directors cannot close their report without expressing their deep sense of the loss they themselves, but still more the association, has sustained by the resignation of their much esteemed secretary, Mr. John Boodle, after holding the office with great advantage to the association for a period of upwards of twenty-two years. They however hope that Mr. Boodle's services will to some extent be continued to the association, by his being elected a director. They have also the pleasure to inform the annual general court that Mr. A. B. Carpenter, of Elm-court, Temple, has been elected secretary in the place of Mr. Boodle."

A vote of thanks to the chairman, directors, and auditors terminated the proceedings. The attendance at the meeting was small.

UNITED LAW CLERKS' SOCIETY. THE forty-seventh anniversary festival of the above society was held on Wednesday, the 21st inst., at the Freemasons' Tavern, Great Queenstreet, the Right Hon. Earl Cairns, Lord High Chancellor, in the chair. Covers were laid for 360, there being a very much larger attendance than usual. Amongst others present we noticed the Hon. Sir Richard Couch, Sir C. Shand, Mr. Davey, Q.C., Mr. C. Russell, Q.C., Mr. B. B. Hunter Rodwell, Q.C., M.P., Mr. Ince, Q.C., Mr. E. J. McIntyre, Q.C., Mr. T. H. Baylis, Q.C., Mr. T. Aston, Q.C., Mr. H. M. Bompas, Q.C., Mr. Mr. F. Meadows White, Q.C., Mr. Clement Milward, Q.C., Mr. W. T. Charley, D.C.L., M.P., Mr. C. Clarke, Q.C., Serjeant J. Simon, M.P., Mr. R. E. Webster, Q.C., Mr. W. F. Robinson, Q.C., Mr. W. H. Bagshawe, Q.C., Mr. Romer, Mr. J. H. Dart, Mr. F. Turner, Mr. F. O. Crump, Mr. A. M. Channell, Mr. T. Hoskins, Mr. Steedman, Mr. J. Layton, Mr. Rowcliffe, Mr. T. Rawle, Mr. Harling, R.A., Mr. Devonshire, Mr. J. Teesdale, Mr. M. Walters, Mr. G. B. Gregory, M.P., Dr. Thompson (medical officer of the society), Mr. T. Hollams (president Incorporated Law Society), Mr. F. T. Bircham, Mr. F. Ouvry, Mr. George Lewis, and Rev. Mr. Statham.

The report, which was taken as read, stated that during the past year applications for relief in sickness have been received from fifty-one members. All these have been allowed, and to the applicants have been paid in various sums £422 58. 9d. In previous years the payments on this account amounted to £12,578 4s., making the total disbursements on account of illness alone

After grace had been sung the chairman rose to
propose the usual loyal toasts and was received
with great enthusiasm. He said-Gentlemen, you
will easily anticipate that the first toast which I
have to propose to you to-night is the health of
Her Majesty. We are an assembly pretty much
of lawyers, and we remember that the Queen is
the fountain of law and of justice; but we remem-
ber something more about Her Majesty. Her
Majesty is within a few hours of completing her
60th year.
Forty-two of those years she has
spent on the throne of this country, and I think I
may say that during that time there has not one
single cloud thrown its shadow between her and
the affections of her subjects. She has held forth
to the world the highest example of constitutional
government, and the brightest pattern of domestic
virtues. We drink the health of the Queen as
the fountain of justice; we drink to her health as
her loyal and devoted subjects, and we drink to
her health as one the lustre of whose birth and
station does not exceed the lustre which has
emanated from the virtues which adorn her cha-
racter. Gentlemen, I give you the health of the
Queen.

The toast having been drunk and the National
Anthem sung,

The Chairman.-Gentlemen, the next toast is
"The Prince and Princess of Wales, and the other
members of the Royal Family." The popularity
of the Prince and Princess of Wales in this country
is such that it does not require a word from me to
commend it to your notice. I believe I do not
exaggerate when I say that popularity is as great, if
not greater, than any that has ever been enjoyed by
the Princes and Princesses of Wales in this country
before. And, gentlemen, I think we may rejoice
that our princes and princesses are looked upon
in this country, not so much as the children of the
sovereign as the sons and daughters of England.
When, a short time ago, that great cloud of grief
fell upon the Royal Family, in the death of the
Princess Alice, I believe I do not say that which
you will not all bear out when I say that it was
felt as a loss that had occurred to every class and
every family in this country. When the Crown
Princess of Germany visits this country, she comes
to us not as a stranger, but as a daughter of

But I

The Chairman-The next toast is "The Army, Navy, and the Auxiliary Forces.' Gentlemen, I always understood we lawyers were a very peaceful body, and I believe there is no difficulty in accounting for the reason of that. I think Lord Coke, in one of his disquisitions where he considers what is the proper test of whether there is a war pervading in the country, a just and regular warthe test is are the Queen's courts open or shut ? And he says if they are shut then it is a just and regular state of war. Now gentlemen, I cannot quite imagine anything more disastrous for lawyers than such a state of things as that the courts should be shut, and therefore I think that a state of war is a disastrous state of things for lawyers, and I cannot imagine they are favourable to war. Gentlemen, lawyers are wise in their generation, and I believe they are of opinion that the best way to prevent war is to be well prepared for it. And further, I have very little doubt that they will receive with favour the toast I have to propose to you. It is not very long ago, not much more than a year ago, that the state of affairs upon the continent of Europe were strained to such a degree that many persons imagined it was possible we might be entangled in a war. do not think I am saying too much when I say that possibly the efficient state of our navy had something to do with the prevention of war. Gentlemen, I am glad to think that that state of things has now passed away; we have since then, I am sorry to say, been involved in two other directions in war; but again, I am glad to think that, within the last few days, we have good reason to look upon one of these wars as being at an end. I also rejoice to think that that war is at an end with a less amount of loss of life than I believe ever has occurred before in any war of the same dimensions. I wish I could say the same as regards the war in South Africa in which we are are engaged; I hope that that will soon come to an end: but, I am sorry to say, in that war, we have seen a loss of life which we all lament; but, at the same time, it is a satisfaction to think that that war has already left behind it tales of gallantry which will add to the glory of the British army. We have all heard of daring fights in the old times, you have heard of the story of Thermopyla that charmed our imagination when we were boys; but I believe, if you come to look at the story told in plain and ungarnished language, of what occurred at Roorke's Drift, when two English officers, little more than lads, held at bay, with a third of the men who were at Thermopyla. an army fresh and unbroken, and held at bay that army, and threw it back, where otherwise it would have overflowed and devastated one of our colonies; I believe that that story will bear comparison even with the tale of Thermopylæ. In that war our navy has been engaged, but it is only to-day I read in the narrative that comes comes to us by this mail from South Africa that in the eyes of the colonists there the greatest admiration is bestowed upon our naval brigade for the valour, for the energy, and for the hardihood they have displayed in the work they have done on land. Gentlemen, I have to remind you, you are going to drink not only to the army and navy, but also to our auxiliary forces, and I think you will have no difficulty in doing that when you recollect the manner in which our reserves, not more than a year ago, came forward to fill up the ranks of our army, and we, as an assembly of lawyers, I am sure, will not forget that among

our own friends we reckon the Inns of Court Corps as one of the most efficient regiments of the Volunteer forces. I call upon one of our most enthusiastic volunteers, my friend, Mr. Baylis, to return thanks for the army, and I am informed that upon my friend, Mr. Clement Milward, who I know is very much at home on land, and, I am told, is quite as much at home at sea, devolves the hereditary duty of returning thanks for the navy.

Mr. T. H. Baylis, QC., then briefly responded on behalf of the army and auxiliary forces, remarking that they were always ready when called upon, loyally and faithfully to serve their country.

Mr. Clement Milward, Q.C., responded for the navy, and said, he supposed, the song which was to follow ("Tom Powling") had suggested the idea that he should be called upon to return thanks, because it began with something abou