JULY 28, 1855.

THE LAW TIMES.

CONVEYANCER.

Summary.

THE M. R. has held that a married woman may
convey, under the Fines and Recoveries Act, her
reversionary interest under a will, in the proceeds
of the testator's real and personal estate, devised
upon trust, after the death of his widow, to sell
and divide among certain persons therein named,
the said married woman being one of them:
(Tuer v. Turner, 25 L. T. Rep. 252.) Surely,
this is, in fact, to enable a married woman to
assign her reversionary interest in personalty,
which, it has been held, she cannot do.

in county Kerry, sold for 36251., or 331. per acre.
It will be observed that many valuable Irish
Estates are expected to be brought into the market
Irish land is
in the course of the autumn.
becoming a favourite investment for English gold,
and we shall keep our readers fully informed of
the opportunities that offer, by giving them the
earliest notice of what estates are about to be
sold by the Court.—Journal of Auctions.

he waited upon Mr Phinn, and asked him if he would REAL PROPERTY LAWYER AND the strangely small price bidden for it. 108 acres have the wall razed. The learned Secretary said he saw no reason why the wall should not be raised, and he proceeded at once to one high in office, and soon returned, and informed the mayor that he should have his official wishes gratified. The right worshipful returned to Plymouth in great glee, described to the Council his marvellous success; the Council thought themselves bound to do the thankful, and they therefore voted him their solemn thanks, thinking that in a few days the traffic would be no longer impeded by the unsightly wall. But what was the public astonishment in a few days after, when a number of masons were seen busily engaged in raising the wall instead of demolishing it. Inquiries ensued, when it turned out that the high and contracting parties had misunderstood each other; and that while the mayor had talked of razing the wall, he had intended that it should be demolished. Had the mayor not walked on stilts, or used a lingo which is so uncommon to him, he would not have been so misunderstood. The consequence is, that another memorial has gone up to the Admiralty, praying that the wall may be razed, not raised; and we hope that the prayer may prove successful, and that there may be no further cloud over the official mind as to what the wants of the public really are.

BURIAL OF POOR PERSONS BILL.-This Bill, brought in by Mr. Baines, is just printed. It is in tituled "A Bill to amend the law regarding the Burial of Poor Persons by Guardians and Overseers of the Poor." The preamble recites that, by 7 & 8 Vict. c. 101, s. 31, provisions were made for the burial of poor persons by guardians and overseers, and because of the closing of burial-grounds in many parishes, and the want of adequate space in others, great difficulty is frequently found, and it is expedient Clause 1 that other provisions should be made. nacts, that where a parish burial-ground is closed or overcrowded, the guardians or overseers may bury in public burial-ground of some neighbouring parish, paying the regular fees there. Clause 2 gives power o these authorities to enter into arrangements with any cemetery company or burial board for the burial of poor persons; but no agreement to be valid unless na forin and with stipulations approved by the Pooraw Board. 3. The words of this Act to be construed as in that of 4 & 6 Will. 4, c. 76, s. 109. MILITIA-A return obtained by Mr. H. Russell, M.P., shows that in the week ending the 24th March 1855, there were in England and Wales 2121 wives of militiamen in receipt of out-door relief, and 4345 children of the same in receipt of such relief. The mount of the out-door relief so afforded to the women and children during the week was 3591. In Middlesex it was 97. 138. 10d., and the number of wives and children relieved was 202.

GRAND JURIES.-At the Middlesex sessions on Wednesday, on the grand jury coming into court to be discharged, they hauded in a presentment, expressing their opinion that the institution of grand juries ought to be abolished. The Assistant-Judge said he perfectly agreed with the grand jury, but he was sorry to say that he now despaired of seeing the absurdities of the grand jury system done away with. In the last session of Parliament a Bill, framed in the most sensible manner to achieve the object, was introduced

in

the House by the Recorder of London, and it passed the third reading; but in the Lords it was stopped by the Lord Chief Justice, Lord Campbell an Lord Brougham, on the ground that the subject of public prosecutors was not associated with the measure; but he (the Assistant-Judge) knew no more wizat the appointment of public prosecutors had to do with the alteration of the grand jury system than the Bewick-on-Tweed Railway had to do with what was going on in the Crimea. None of the present generatio, it seemed, would live to see the absurdity got

rid

by

of.

THE BENCH AND THE BAR.

RISH COURT OF CHANCERY.-A return moved for
Mr. Whiteside shows that the total number of re-

Here are two more points on Wills. B. gave the interest of a fund to his wife for life, to be divided after his death among his relations, in such shares as she should appoint. The objects of the power were held to be the next of kin of the testator living at the time of his wife's death: (Finch v. Hollingsworth, 25 L. T. Rep. 252.) Stanger v. Nelson, 25 L. T. Rep. 252, B. gave to all his cousins who should be living at his deThis was held to include his cousins once removed and second cousins.

cease.

In

A. and B. are owners of two fields intersected by a public
highway; the hedge and ditch on B.'s side are claimed by
A., and B. agrees to give him a sum as compensation for
What mode of
inclosing the ditch and erecting a wall.
conveyance or other document should be adopted, and

THE case decided by the Q. B. on the question as
to the effect of bankruptcy upon the covenants
to keep up premiums, and to indemnify the mort-
gagee if he pays them, where a policy of assurance
has been assigned by way of mortgage, was fully
L. T. Rep. 246.) The points were precisely.
reported last week: (Warburg v. Tucker, 25
similar to those raised in the Court of Ex. in
Young v. Winter, 25 L. T. Rep. 163, and in which
that Court held that the covenaut to pay the
premiums was not avoided, but the covenant to
indemnify ras. The Q. B., however, has held
both covenants to be binding after bankruptcy
and certificate. The reason for it should be read,
for the point is of great practical importance, inas-
much as, if it had been otherwise decided, the
value of policies of assurance as securities would
have been much diminished.

That clever, but unjust, contrivance for raising money, preference shares," has been litigated how affected by A.'s claim being in respect of his wife's in- before the Court of Appeal, in Sturge v. The· terest?

LEX.

RETENTION OF DEBT-LEGACY.-A. advanced to B. (a
daughter) several sums of money in his lifetime. B. died
without any assets, and unable to pay, leaving children. A.
afterwards made his will, and gave one portion of his pro-
perty to the children of B., without any reference to the
The debt is barred by the statute, and
debt owing by her.
could not be recovered by the executors of A. A division
has taken place, and A.'s executors retained the debt owing
by B. out of the share of B.'s children, which the latter ob-
the testator never intended they should have it retained out
jected to, inasmuch as it was not a debt of theirs, and that
of their share. The question is, can a debt owing by B.
and which is barred by the statute, be retained out of a
legacy left to B.'s children, by the executors of A. ?.

Of other sales, but one needs to be noted here; a Land Tax of 10l. 16s. 8d. sold for 2007., paying the buyer rather more than 5 per cent.

In Ireland, in the Incumbered Estates Court, the Eyrecourt Estate has been sold, and produced ports made by the five Masters of the Irish Court of good prices; some lots obtaining as much as 28

Chancery, in the year 1854, amounted to 814, viz. :157 by Mr. Henn, 179 by Mr. Litton, 134 by Mr. Brooke, 167 by Mr. Murphy, and 177 by Mr. Lyle. The total number of orders made by the said Masters, filed in the Registrar's office, amounted to 1039, viz.: 195 by Mr. Henn, 248 by Mr. Litton, 201 by Mr. Brooke, 154 by Mr. Murphy, and 211 by Mr. Lyle. The petitions and general cause petitions referred to the Masters were, to Mr. Henn, 541; to Mr. Litton, 538; to Mr. Brooke, 467; to Mr. Murphy, 508; and to Mr. Lyle, 741.

Ralph Ludlow Lopes, Esq., son of the late Sir Ralph Lopes, Bart., and brother of the present baronet, has taken up his residence at Tetton-house, near Taunton, and has been appointed a magistrate for Somerset.

Mr. John Adye Curran, a liberal barrister, is a candidate for the office of Lord Mayor of Dublin.

years' purchase; 300 acres sold for 25504, or a
A choice lot of 211
little more than 87. per acre.
acres sold for 1500, or about 7 per acre; but
170 acres in the hands
then the tenant has it on a lease for lives at a
rental below the value.

of an improving tenant sold for 1350l., or 8. per
acre. In another part of Galway a part of the
Streamstown Estate, 205 acres, obtained 4610l,
or 221. per acre, but it contained a good residence.
Other parts of the same estate produced thus:-
A lot of 180 acres sold for 48001, or 204 per acre;
492 acres of the estate of T. Lloyd, in the
same county, was sold for 81007, or about 177.
The rental was stated to be 6367..
which, if correct, will pay the buyer ten per cent!
The mansion-house and 1830 acres of the same
estate sold for 5220, or not quite 31. per acre!
the house included; but it is stated not to be in
the best repair, and that probably means a ruin,
which it would take a fortune to repair, and hence

per acre.

Eastern Union Railway Company, 25 L. T. Rep.

238.

An Act empowered a company to raise money by the creation of new shares. At a general meeting in 1847 it was resolved to create preference shares, with a "guaranteed dividend" of 6 per cent. These shares were issued in Jan. 1849, and were described in the certificate as A later carrying interest at 6 per cent. in priority of divifor some time there were no dividends. dends. The interest was paid at 6 per cent; and

Act enacted that the preference shares might be redeemed by the company on payment of 1097. for every 100l. share, with interest at 4 per cent. on such redemption money from Aug. 1853; and' that nothing therein contained should prejudice preference shares. The preference shareholders any previous right to interest or dividend on now claimed the dividend in arrear during the time of the currency of their shares. They were held to be entitled to it.

In this case the very important question was raised, but not determined, whether a company, having a general power to raise money by creating new shares, can create preference shares. We should think not; at least without the consent of shareholder. every

SOLICITORS' JOURNAL.

Summary. ERROR was brought on a special case, and the Court not only affirmed the judgment of the court below in favour of the plaintiff, but also adjudged him to be entitled to a further claim, upon which he had been unsuccessful in, ther court below. But no order was made as to costs. It was held that the court below had no control over the taxation of costs after judgment in the court of error, but that the master must be L. T. Rep. 257.) guided by that judgment: (Elliott v. Bishop, 25'

Correspondence.

SHAM LAWYERS.--I have had my attention drawn to a letter sigued by some person of the same name as my own, applying for a debt due to some person in the Leeds district, and I have been told that the way it is inserted may convey the impression that I am As such a question has been the person who sent it. put to me more than once, I trust that you will put the matter to rights in your next, by stating the fact that it has emanated from some person at Leeds of the same name as mine, and that I know nothing either of the letter or the person who sent it. may add, that whenever I have seen letters of the character you so very justly expose, I have invariably sent, to bring them before the judge of our district recommended the parties to whom they have been County Court, who invariably visits the parties who have used them or caused them to be so used, with JAS. MILNER... the nonallowance of either costs or court fees.

1

"THE RIGHT MAN IN THE RIGHT PLACE."-With reference to the address under the above title in your last number in favour of Mr. Oke, we beg to correct the misstatements, doubtless unintentional, which it contains. Mr. Oke is a clerk in our office, where we have much pleasure in testifying he acquired, by the greatest assiduity and attention, his knowledge of magisterial law and practice; but he was never more than our assistant, and his retirement in the event of his merited success with the court of aldermen, will occasion no vacancy in the offices either of clerk to the magistrates or clerk to the guardians of the union in this division, both of which we have the honour to hold. ISAACSON AND BUTTON,

Newmarket, July 23.

MALPRACTICE.-Will any of your readers inform me the proper course to take, in order to enforce the fine which those persons practising without having taken out their annual certificate, render themselves liable to, by the 37 Geo. 8. c. 90? It is really shameful that those who have been at the trouble and expense of getting duly admitted, should have their professional rights taken from them in the way they are. A day or two since a person came to me with instructions to complete a purchase, and he at the same time informed me what a party had offered to complete it for. Not knowing the name in the Profession, I at once made inquiry about the party, and was met with the answer, "He's not a regular Lawyer, but Mr. Somebody lends him his name." Mr. Some

[JULY 28, 1855.

obtain from the insolvent an advantage for him- forward-but bear in mind that though they sign
self.
them, in case of any accident to any of my machinery,
who was protected from process, and the warrant North-Western Railway Company, as I consider the
Where a Co. C. has committed a defendant I shall claim compensation from the London and
alleges his nonappearance as the ground of com-
risk-notes only in the light of intimidation notes.
itment, the Court will nevertheless discharge You are common carriers, and as such dare not refuse
him, if it shall appear, on inquiry, that such alle-my goods, and your company are responsible for all
gation was erroneous, and that he did appear wish to have the matter proved, and I hope there will
damage done to goods in your charge. I have no
and exhibit his protection: Re Jecks, 25 L. T. be no necessity for it; but when occasion does take
Rep. 258.)
place, then I will see to it." It was contended, on
behalf of the plaintiff, that the foregoing letter did
away with the effect of the risk-note, to which he was
no consenting party; and that, if the defendants would
not be justified in refusing to receive and convey his
weighing machine, they could not resist his claim for
compensation for injury done to it while in their cus
tody. In the course of the trial my attention was
Vict. c. 31, s. 7, by which it is provided that the
called to the Railway and Canal Traffic Act, 17 & 18
notices limiting liability should be thenceforth null
and void. Companies should not be prevented from
"making such conditions with respect to the re-
ceiving, forwarding and delivering of any of the said
animals, articles, goods or things as shall be adjudged
relating thereto shall be tried to be just and reason-
by the court or judge before whom any question
able." A comprehensive clause, I may observe in
passing, likely to give rise to many conflicting deci
sions, considering the number of courts and judges
who may be

YORK SESSIONS ASSIZES.
(Before Baron PLATT.)
ACKROYD . GILL.
County Court-Assistant-clerk.
An assistant-clerk is not within the provision that
subjects to a penalty clerks practising as attorneys
in the courts of which they are the clerks.
against the defendant for practising as an attorney
The plaintiff sought to recover a penalty of 501.
in the Co. C. of Knaresborough, of which he is as-
sistant-clerk,

plaintiff; and
Hugh Hill, QC. and Blanshard appeared for the

Wilkins, Serjt. and Addison for the defendant.
wife, leaving his roof and going to her aunt, a maiden
It appeared that on Mrs. Ackroyd, the plaintiff's
lady named Fothergill, living at Knaresborough,
and while the proceedings for a separation were pend-
ing between the plaintiff and his wife, the unhappy
differences led Miss Fothergill, who naturally sided

body's name, however, does not even appear in the with her niece, to enter a plaint in the Co. C. against The facts in this upon to decide these questions.

Law List.

Leamington, 25th July 1855.

A SOLICITOR.

REMUNERATION OF SOLICITORS. Of the four forms of professional remuneration enumerated by you in your last week's publication, I confess I think none so thoroughly meeting the desiderata in this matter, as the fourth, viz. that by fees, as put by you, that is, a fee "according to the general estimate of the work done, including all the elements of it, as skill, time, difficulty, responsibility and such like." As regards the first, that by measurement," I need hardly say, this is already quasi defunct. for it is condemned. The second appears to me totally inapplicable, and I conceive that need hardly (in the present advanced stage of law and professional opinion on this subject) give "the reason why." method appears to me more defective, on The third ground of vagueness, and want of perspicuity, the not being well adapted even to the cases in which it is at present employed; for I never have been able to understand how or for what reason that which is legally and lawfully earned in right of actual labour, is put on the ground of an honorarium, and I think it an insult to both the employer and employed, to base the remuneration on a fiction or false premises. It is, in fact, enacting a falsehood, and reflects no credit on the parties concerned. What, Mr Editor, was the origin of so strange and anomalous an arrangement? Can any of your legal antiquarian readers say? "The labourer is worthy of his hire:" why then ignore this fact, and even put the labourer, as it were, beyond tie pale of the law as regards enforcing payment when INQUIRER.

resisted?

Swansea, South Wales, July 23, 1855,

Queries on Points of Practice. SERVANTS-Could some of your numerous readers, kindly favour me with the names and where reports are to be found of some of the recent cases in which it has been decided that Governors and Tutors, &c. are not to be considered in the light of menial servants, and cannot, therefore, be discharged with merely a month's warning or wages, like such servants? 19th July 1855. A. C. L.

Answers to Queries. AFFIDAVITS COMMISSIONERS' FOWERS-Allow me to thank G. C. R. for his courteous difference of opinion with me, and to inform him that before the passing of 5 & 6 Will. 4, &c. justices of peace, notaries public, &c. were qualified to take affidavits about " pawnbrokers' duplicates," "quack medi. cines," or any other such extra-judicial matters. Certainly, neither a Q. B. nor Chancery Commissioner could have done

so, neither could a J. P. or N. P. have taken an affidavit in like persons are. I believe, the officers referred to by the Act.

QB. or Chancery. J. P.'s and N. P.'s, consuls, and such

Read the title of it.

Manchester, July 16, 1855.

COUNTY COURTS.

W. S. R.

Summary. A FEW cases in insolvency are to be noted shortly. In Re Bachelor, 25 L. T. Rep. 248, a petition had been dismissed for fraud; then a second was presented for protection against the same debts; but the Court dismissed it, and ordered that another petition should not be filed without leave of the Court. In Re Watt, 25 L. T. Rep. 248, it was held, that debts for goods in trade may be contracted without reasonable means of payment, The same point was decided also in Re Leopard, 25 L. T. Rep. 248. In Re Watt, 25 L. T. Rep. 248, it was held to be no ground for refusing to hear the evidence of a creditor, that he had gone behind the backs of the rest and endeavoured to

the plaintiff, in which she sought to recover posses-
sion of a silver pepper castor and other things given
the plaintiff's possession at his house. The defendant,
or lent, as alleged, to her niece, and which were in
conduct the case, and carried on the earlier stages of
as the attorney of Miss Fothergill, was employed to
the proceedings in the Co. C at Knaresborough. Of
this court the defendant was the acting assistant-clerk,
appointed by the clerk. The first Co. C. Act im
poses a penalty of 50% on the clerk, deputy-clerk of
any officer of a Co. C. remunerated by the fees of the
court, conducting business as an attorney before the
from the defendant.
court, and it was now sought to recover this penalty

Hill having opened the case,
Wilkins, Serjt. submitted that the 24th and sub-
sequent sections of the first Co. C. Act (9 & 10
clerk, and officers of the Co. C., did not apply
Vict.), applying to the appointment of clerk, deputy-
to the assistant-clerk, who was not an officer of
the court paid by its fees, but the agent of the
clerk, appointed and paid by him, and the interpre-
tation clause did not extend the meaning of the words
"clerk, deputy clerk, or officer," to assistant-clerk.
12 & 13 Vict.), which gives the power of remov-
Hill relied on the subsequent Co. C. Act (the
ing" assistant-clerks," and contended that they were
within the purview of the provisions of the Co. C.
Acts, as the mischief provided against was the same
in their cases.

assistant-clerk, was not within the provisions of the
PLATT, B. was of opinion that the defendant, as
Act inflicting the penalty, which must be strictly
construed; nor was he an officer appointed by the
court. He was neither clerk nor deputy-clerk, nor
paid by the fees of the court, and directed a nonsuit.
Plaintiff nonsuited.

WARRINGTON COUNTY COURT.
IMPORTANT TO CARRIERS.
KITCHEN v. LONDON AND NORTH-WESTERN
RAILWAY COMPANY.

His HONOUR delivered the following judgment on
this case, heard last court day:-This action was
sustained by a portable weighing machine of the
brought to recover the sum of 34. 9s. 11d. damages
plaintiff while in the possession of the defendants as
common carriers, and on its transit from Warrington
to Wolverhampton, in the month of March last, for
which the defendants were prima facie liable. The
tection, they had adopted a system of what is called
answer of the defendants was, that, for their own pro-
amongst others, "castings and other brittle and
"risk-notes," declining to carry certain goods, and
hazardous articles," except "at the risk of the
owners," and that such a risk-note was signed on the
occasion in question by the plaintiff's servant on his
behalf; to this the plaintiff replied that he had
always protested against the system of risk-notes by
which the defendants sought to narrow the liability
to carry all goods entrusted to them;" pointing out
cast upon them by law as common carriers, "safely
that they had in effect a monopoly of the carrying
trade of the country, and that the consequences would
be most serious to manufacturers like himself if they
were placed entirely at the mercy of these powerful
companies, who, in return for the privileges conferred,
had certain and well-known duties imposed upon
them by law. To obviate the inconvenience of
every time they refused to carry his goods, the
having to commence an action against the company
plaintiff, on the 18th January last, wrote the
following letter to
manager of the goods department at Warrington:-
"I have instructed my men to sign your risk-notes
when delivering any goods or machinery to you to

Mr. Thomas Proud,

case are not disputed, and I am called upon to decide-" Whether, assuming that the defendants would be liable at common law, the risktract between the parties, or as a just and reasonable note discharges that liability either as a special c carry goods, &c. from Warrington to Wolverhamptes, condition." The defendants are carriers professing to and as such are bound by the common law to cany the goods of all who tender them for conveyance, and Jackson Rogers, 2 Show. 327; Pickford, are ready and willing to pay the customary hire: Junction Railway Company, 8 M. & W. 372.) H therefore, the plaintiff had tendered the machine anl refused to sign the risk-note, or to enter into any special contract whatever, but expressed and showe his readiness to pay what was reasonable, I am of opinion that the defendants would not have been justified in absolutely refusing to receive and forward the goods without a special contract, I do not see by the machine. If, then, they were bound to conver what right they can compel unwilling parties to sign those risk-notes-there must be at least two consenting parties to every contract.

The plaintiff was not

a consenting party; on the contrary, he had protested against it; and I'am of opinion that the risk-note does not amount to a special contract binding upon whether, in my opinion, a condition or regulation of the plaintiff. The question, then, is reduced to this the company that weighing machines and similar goods shall not be received at all, or forwarded, except never-ending claims for damages, real and imaginary railway companies and other carriers are exposed to at the owner's risk, is "just and reasonable." That I can readily understand, and I do not think that any court or judge would consider it unreasonable or unjust that they should protect themselves by extending, as it were, the principles of the Carrier's Act, 11 Geo. 4, and 1 Will. 4, c. 68, and establishing a condition, that for the articles mentioned in the risk-note, and others of a like nature, a sufficient and reasonable premium of insurance should be required in addition to the ordinary freight-such a condition I should sustain; but a condition that "a portable machine" may be absolutely refused except at the sole risk of the owner, I think is unreasonable, and the verdict amount sought to be recovered — WarringtonGuardian. will be entered for the plaintiff for 3l. 9. 11. the

been issued relative to the fees and salaries paid to COUNTY COURTS EXPENDITURE-A return has County Court officials. It appears that between the 13th March 1847, and the 1st Jan. 1854, the total which sum 150,6841. was received prior to the 1st amount of judges' fees received was 567,0281, ef salaries. The total amount of salaries paid to the Oct. 1848, since when the judges have beeen paid by judges between 1st Oct. 1848. and 1st Jan. 1854, was 333,000l., while their travelling allowances for the between the fees and the salaries and the travelling same period amounted to 64,4331. The difference expenses paid thereout, amounts to 18,9114. The clerks' fees for the first of the above periods amounted salaries to those clerks mentioned in the Order of to 557,772, out of which sum 76,7251. was paid as Council of 30th July 1849, and to their office clerks, from the 1st Oct. 1849, to 1st Jan. 1854. The total amount of fees received by those clerks who are not paid by salary was 464,2421., and the surplus of fees over the salaries in those courts where the clerks are paid by salary amounted to 16,8054. The total amount of high bailiffs' fees received during the same the treasurer of each court on account of the gre period was 894,0547. The total amount received by fund from March 1847, to Jan. 1, 1854, was 351,589 for the disbursements of each court, amounted to 275,2821., showing a difference between receipts and the the total payments thercout during the same period expenditure of 46,3071. The total amount allowed

the committal. Erle, J. and Martin, B., dissen- our courts of law, more especially the County before, then it would take Who had privileges

whereupon a judgment-summons was issued. be sued in the old County Courts established 25 L. T. Rep. 258. B. the registered owner of

calendar contains the names of 25 prisoners, and in-
cludes the following offences:-Murder, 1; infanticide,
1; arson, 2; burglary, 2; highway robbery, 1; per-
jury, 1; concealment of birth, 1; wilfully casting
On the civil side there was an entry of 4 special and 4
stones at a railway train, 1; and several larcenies.
common jury causes, but two of the latter were
withdrawn before the court sat.

first put it into a certain state of repair. The
former master, D., was dismissed, and Thompson
was appointed in his place by C. with B.'sprivity.
The ship was sent to London to be repaired, and
the new master, Thompson, came on board daily
while the repairs were going on, gave directions,
and ordered articles, as rigging, and such like;
but during this time B. had the control of the
Norwich, July 25.-The commissions for the county
vessel and kept a shipkeeper on board. The of Norfolk and of the city of Norwich were opened
brokers of C. got the certificate of registry from yesterday. Mr. Baron Alderson proceeded to charge
B.'s brokers, and had the name of Thompson in- the grand jury for the city, in which jurisdiction
serted therein as master. The plaintiff, having there were 8 prisoners for trial. The calendar con-
no knowledge of the owners, inspected the retained the names of 31 prisoners, whose alleged
gistry, and there learned that B. was the owner offences may thus be classified :-Rape, 1; highway
and Thompson master, and made out his invoices robbery, 1; burglary, 2; arson, 3; forgery, 5; per-
debiting Captain T. and owners." The pur several larcenies of the most ordinary description.
jury, 8; cutting and stabbing, 1; shooting, 2, and
chase-money not being paid, B. in October re-
There is not any cause list for the city; that for the
sumed possession of the ship, and sent her on a county contains 19 causes, of which 3 are for trial
voyage on his own account, and plaintiff brought by special juries. In one of the latter, involving a
an action against B. for the repairs. It was held large amount of property, the Attorney-General is
by the court of error, that B. was not liable, not specially retained.
having given authority to Thompson to order the
NORTHERN CIRCUIT.
articles, or made any representation to the plain-
tiff to induce him to supply the articles on his
credit.

ETC.

PROMOTIONS, APPOINTMENTS,
[Clerks of the Peace for Counties, Cities, and Boroughs will
oblige by regularly forwarding the names and addresses of
all new Magistrates who may qualify.]

Her Majesty having been pleased to appoint, the Right Hon. Sir William Molesworth, Bart., to be one of her Majesty's Principal Secretaries of State, he has been, by her Majesty's command, sworn one of her Majesty's Principal Secretaries of State accordingly. Her Majesty in Council has been pleased, on a representation of the Right Hon. the Lords of the Committee of Council on Education, to appoint the Rev. Frederick Temple, M.A., to be one of her Majesty's Inspectors of Schools, in the room of the Rev. Canon Moseley, resigned.

The Right Hon. Sir William Henry Maule, Kat., has been, by her Majesty's command, sworn of her Majesty's Most Hon. Privy Council, and took his place at the Board accordingly.

Francis James Coleridge, Esq., of Ottery St. Mary; has been appointed Clerk of Assize in the Midland

Circuit.

G. T. Dale, Esq., was, on Wednesday last, elected Clerk to the Land and Assessed Tax Commissioners in the room of R. Mason, Esq. The oflice is about 201. yearly.

MIDLAND CIRCUIT. Nottingham, July 21.-The commissions for this town and county were opened this afternoon before Mr. Justice Willes. The calendar for the county contains the names of 10 prisoners, including the following charges:-one of murder, one of manslaughter, two of feloniously wounding, one of burglary with violence, one of forgery, and one of uttering base coin. The calendar for the town also contains the names of 10 prisoners, charged with the following offences:- Concealment of birth, 1; bigamy, 1; robbery with violence, 1; uttering base coin, 1; larceny, 6.

Derby, July 26.-The commission for this county was opened yesterday afternoon before Mr. Justice Coleridge. The cause list contains an entry of 5 causes only, of which 2 are to be tried by special juries. The calendar contains the names of 22 prisoners, and includes 1 charge of manslaughter, 1 of stabbing, 2 of rape, 2 of unnatural offences, 2 of concealment of birth, 2 of burglary, 2 of stealing post letters, 1 of uttering counterfeit coin, and 3 of embezzlement.

NORFOLK CIRCUIT.

Huntingdon, Thursday, July 19.The commission for this county was opened yesterday afternoon by Mr. Baron Alderson. On the civil side the cause list contained an indictment against the inhabitants of the county of Beds, for nonrepair of a bridge, and no civil cause" whatever. The calendar contained the names of 8 prisoners, embracing 1 charge of arson, 1 of rape, 2 of burglary, 2 of manslaughter, 1 of stealing in a dwelling-house, accompanied by threats of violence, and 1 case of ordinary larceny. Cambridge, July 21.-The commission for this

county was opened yesterday afternoon, when the learned judges attended divine service. This morning both the courts were set in motion at ten o'clock. The

Durham, July 25.-Their Lordships took their seats
at the court at twelve o'clock to-day. The cause list
contains an entry of 10 causes, 2 of which are
marked for special juries. The calendar contains the
names of 33 prisoners, 2 charged with manslaughter,
1 with bigamy, 1 with a felonious assault, 2 with in-
citing to commit perjury; the rest are charges of
larceny and ordinary sessions cases.

HOME CIRCUIT.
Lewes, July 24.-The commission for the county of
Sussex was opened here on Monday, and this morn-
ing the business of the assize was proceeded with, Mr.
Justice Wightman presiding in the Crown Court, and
Mr. Justice Cresswell on the civil side. The gaol
calendar is light, and there are only twelve causes,
including one special jury case, entered at Nisi Prius.

INSOLVENT DEBTORS' COURT.-Re HENRY FAITH-
FULL-The insolvent, formerly a barrister, but
lately assisting his brother, a solicitor, at Brighton,
and also carrying on farm operations in Sussex, was
opposed by Mr. Nichols for several creditors; Mr.
Dowse appeared for Mr. Robert Faithfull, and Mr.
Sargood supported. The case, which has occupied
the court upon several former occasions, has already
been noticed in the Times. The complaints were both
general and individual, but the principal one was
that the insolvent had allowed all his property to be
creditor, to the prejudice of the great body of his
swept away by his brother and another favoured
creditors.
his judgment to the effect that the grounds of oppo-
The Chief Commissioner has giver.
sition had been proved, and has ordered that, on ac-
count of an undue preference to his brother, the
insolvent's discharge should be delayed until the ex-
piration of eleven calendar months from the date of
the vesting order.

A FOREMAN CHALLENGED BY HIS BROTHER JURORS. During an assize, on the jury being resworn, some little amusement was created by one of them declaring that he was dissatisfied with the foreman; he was not alone, he said, in his dissatisfaction, as it was participated in by others of the jury. -The foreman said he should be most happy to change. Another of the jury suggested that the gentleman who objected should himself be appointed as foreman.-His Lordship said it was competent for them to appoint their own foreman.-The foreman said he was not aware that he had done anything distasteful to his brother jurors.-His Lordship:Well, let the foreman and the gentlemen who have made the objection retire. (Laughter.) The matter then dropped.

ment was charged with shooting William Taylor, with intent to murder. The prisoner had a grade against another of his regiment, named Maloney, and on the night of the 9th of last month he was on duty Thinking Taylor was Maloney, he shot him, the as sentinel, and Taylor was sentry next to him. bullet passing through his arm. Under these circumistances the verdict of the jury was-"That the pri soner was guilty of shooting and wounding Tavlor with intent to murder him; that he intended to murder Maloney, not knowing it was Taylor; and that he intended to murder Taylor, thinking it was Maloney." Mr. Justice Crompton directed sentence of death to be recorded against the prisoner. His Lordship said a question of law arose in this case. A late judge had laid it down that a prisoner shooting lieving it to be another party, was not guilty under at H. and wounding him, and at the same time be the statute of shooting H with intent to murder. He and his brother judge did not coincide with this opinion, but he reserved the point to submit to the judges.

PROCEEDINGS OF LAW

"SOCIETIES.

LIVERPOOL LAW SOCIETY.

SIR GEORGE STEPHEN.

SIR GEORGE STEPHEN has taken his departure for Australia. On Monday (9th inst.) he announced intended departure at the Police-court, and on Wed nesday at the County Court, expressing, at the same time, his grateful sense of the indulgence and cour tesy he had invariably received. Mr. Manstellin the one case, and Mr. Pollock in the other, replied with expressions of cordial goodwill, and of earest hope that prosperity and happiness might attend him in his future career. On Wednes lay evenin Sir George was presented with a silver inkstard bearing a suitable inscription, by the members of the choir of St Anne's Church, of which he had long been an active member.

On Thursday Sir George was presented with a farewell address by the members of the Liverpeel Law Society, at a meeting held at the Law Livary for that purpose. Mr. Ambrose Lace was called up to preside. Amongst those present were Messrs. Lowndes, Yates, Bretherton, Curry, Martin, Goss, Black, Horner, Daly, Statham, Frodsham, Brenner, Evans, Harvey, Francis, Williams, Stone, Grocott, Almond, &c.

On the chair being taken, Sir George Stephen was introduced, and the Chairman read the address, which was couched in the following terms:

"To Sir George Stephen, Knight. "We, the undersigned, solicitors practising in Liverpool, hearing that you are about to embark for Australia, beg to express our sincere regret at your departure from amongst us.

"We avail ourselves of this opportunity to express our esteem for the honour and ability you have displayed in your professional career during your residence in our town. Nor can we omit the pleasant duty of adding our due appreciation of your honest and conscientious opposition to and exposure of abuses wherever and by whomsoever practised. Laited 10 these, we shall ever retain a proud remembrance that you, whilst a member of our Profession, stood in thể foremost rank of those who battled in the cause s sacred to humanity, and which ultimately secured protection and freedom to the slave.

"Accept, therefore, our hearty wishes for the health and prosperity of yourself and family in the land yea have elected for your future home, and our hopes that you will there meet with the success you desir and which, with a knowledge and appreciation el your ability, we are assured you will achieve.

(Signed by parties representing 126 of the Profession.)

"Liverpool, England, 26th April 1855." The CHAIRMAN then handed Sir George the address. which was neatly engrossed on a large skin of parchment.

MARRIAGE WITH A DECEASED WIFE'S SISTER.
For some three weeks past, a case of great importance
has been pending in Scotland before Lord Ardmillan,
in the shape of a petition of service between Alex-
ander, nephew, and claiming to be heir-male of the
late Admiral Sir Thomas Livingstone, and Mrs. Fen-
ton, claiming to be the heir, whatsoever, upon the
failure of heirs-male. On the part of Alexander, the
stake is the entailed estate of Bedlormie and others, Sir GEORGE STEPHEN, who seemed much affected,
with the baronetey thereof, and also the dormant then rose and said-Gentlemen, I have had conside
peerages of Callander and Linlithgow. The objection rable experience in our Profession, but that experienc
raised by Mrs. Fenton to the claims of Alexander, has taught me this is a new case. I am afraid I shot
the heir-male, is, that his mother was the sister of his find no precedent in the books, or in the practice
father's first wife. This Alexander meets, first, by the the courts, to teach me what I should say on an octa-
plea that his domicil being in England, the question sion like this; and nothing but the simple staten ent
must be ruled by the law of England, and that his of the honest feelings of my heart, recognisin the
parents having been married by the law of England, obligation you have imposed upon me to continue the
he must prevail; secondly, that although at one time
the marriage might have been avoidable by the but that is adequate to express what I feel at this
career which has attained your approbation-racin
English law, under Lord Lyndhurst's Act it could moment.
I came to Liverpool a total stranger. I
not now be inquired into there, and that the same
rule must apply in Scotland: thirdly, that the rela-; this large town. I am leaving Liverpool-/ that
was unknown personally to one single individual is
tionship of his fathers two wives is not proved; God I am able to say so-with scores of friends wher
fourthly (and this brings out the question which gives I can only regard as brothers-not merely truthers &
the matter public interest in Scotland), that esto the Profession, but such is the kindness, the indulgence,
two wives were full sisters, there is nothing in the the consideration in every way I have received treci
law of Scotland to illegitimatise him in respect those who supported me, as well as from these to whe
thereof. The case has been depending for several, I have been opposed, that I cannot but feel I am
weeks, and the arguments of junior counsel for the only professionally a brother, but almost bonni
those around me in the ties of relationship. If I have
been so fortunate as to obtain your approbation suc
confidence, I am bound, on the other hand, to say

claimant, Alexander, are nearly concluded.
CURIOUS CASE-At the Winchester Assizes on
Wednesday, Henry Smith, a private of the 4th regi-

NOTICES OF NEW LAW BOOKS.

Manual of the Practice and Evidence in the
County Courts. By JAMES EDWARD DAVIS,
Esq., Barrister-at-Law. Second Edition.
Butterworths.

MR. DAVIS has availed himself of the call for
a second edition to enlarge and improve his useful
little book on Evidence in the County Courts.
It is, indeed, to these Courts much what Roscoe's
Nisi Prius is in the Superior Courts, giving the
evidence applicable to the most frequent subjects
The contents are arranged
of action in them.
after the manner of Roscoe, so that any subject
sought is readily found. We prophesied the suc-
remains for us now only the pleasing duty of
recording it and congratulating Mr. DAVIS upon

tercourse, to be far more versed in the prin- cess of this book on its first appearance. There FORD, WILLIAM WATKIN, wholesale brush manufacturer,,

his well-earned honour.

BIRTHS, MARRIAGES, AND DEATHS.

CATTELL-On the 21st inst, at No. 45, Wharton-street,
Lloyd-square, the wife of Christopher W. Cattell, Esq.,.
solicitor, of a son and heir.

KAY.-On the 25th inst., at Park Cottage, Blackburn, Mrs. J.
Hargreaves Kay, of a daughter.

SMITH-On the 20th inst., at 28, Westbourne-park-road, the
wife of Mr. Sidney Smith, Jun., solicitor, of a son.
park, the wife of Alfred Wills, Esq., barrister-at-law, of
WILLS.- On the 22nd inst., at 8, Queen's-terrace, Regent's-
a daughter.

MARRIAGES.
BUNCOMBE-PENGELLEY.-On the 19th inst., at East Stone-
house, Devon, William Buncombe, Esq., of Taunton,
Somerset, solicitor, to Anne Percival, only daughter of the
late John Pengelley, Lieutenant Royal Navy.
HEMMING-ROBINSON,On the 19th inst., at St. Barnabas,
South Lambeth, Edward John Hemming, Esq., barrister-
at-law, third son of H. K. Hemming, Esq., of Lismore,
Ireland, to Sophia Louisa, eldest daughter of the late
Thomas Robinson, Esq., of Belvedere-road, Lambeth.

ELLETSON.-On the 17th inst.. at his residence, Poulton-le-
Fylde, in the 52nd year of his age, William Elletson, Esq.,
one of her Majesty's Justices of the Peace for the County
Palatine of Lancaster.

HARVEY.-On the 18th inst., at Glocester, aged 45 years,
Joseph Harvey, Esq., solicitor, of the firm of Harvey and
Abell.
LEWIS,-On the 17th inst., at 43, Woburn-place, Russell-
square, in his 46th year, after a serere and long lingering
illness, John Lewis, Esq., solicitor, late of 7, Arundel-
street, Strand, and Ealing, Middlesex.

year of his age, William Selwyn, Esq., Q.C., of Richmond,
SELWYN-On the 25th inst., at Tunbridge Wells, in the 81st
Surrey.

Bank Stock
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