the 2501. not provided for by the exe-37. discount for him, the effect of that arrange-ingly, and he executed a transfer of the shares to

sidered and construed to be harmonious, intended to maintain. But I do not lay down this as a NOTES OF NEW DECISIONS. position of law, nor do I pronounce on any other teaching with respect to the mode of presence. I VISITATION CHURCHWARDEN'S mean to do no such thing by this judgment. I FOR REGISTRAR'S FEES.-The liability of churchmean by it to pronounce only that to describe the wardens to pay the appointed fee to the regis-mode of presence as objective, real, actual, and trar of the archdeacon on an archdiaconal visi- spiritual, is certainly not contrary to the law. tation is not a personal and absolute one, but a With respect to the other charges, namely, those liability conditional on their having funds of the relating to sacrifice and worship, I pronounce that parish for the purpose. Therefore, where Mr. Bennett has not exceeded the liberty which churchwardens had no funds for the payment the law allows upon these subjects." Sir R. of this fee, nor any means of obtaining the Phillimore made no order as to costs. Notice of same, it was held, that the churchwardens appeal to the Judicial Committee of the Privy could not be made personally liable for the Council was given on the part of the promoters. payment of the fee: (Veley v. Pertwee, 22 L. T. Rep. N. S. 713, Q B.)

NOTES OF NEW DECISIONS. JURISDICTION-FALSE IMPRISONMENT-MALICIOUS PROSECUTION-SEVERANCE OF EVIDENCE. Plaintiff sued defendant in a County Court for assault and false imprisonment. In his plaint, he expressly waived any right or cause of action whatsoever in this or any other court for any slander, libel, or malicious prosecution arising out of, or consequent on, or incident to, the said assault and false imprisonment. At the trial some of the evidence given was such as only to support an action for malicious prosecu tion. There was at the same time sufficient evidence to support an action for assault and false imprisonment. This being so, the County Court judge nonsuited the plaintiff, on the ground that he could not sever the evidence that would support an action for malicious prosecution from that which supported the action for assault and false imprisonment. Held, that in doing so, the County Court judge was wrong. In respect of a wrongful imprisonment by a purely ministerial officer, the only remedy is by action of false imprisonment; when the imprisonment is ordered by a judicial officer, who is set in motion without reasonable or probable cause, an action of malicious prosecution is the only remedy: (Austin v. Dowling, 22 L. T. Rep. N. S. 721. C. P.)

me day found cleaning one of his which, in my opinion, as I intimated g, could no more support such a f he had been found brushing his The order of the court is, therefore, dants pay and allow the plaintiff all ghts, and privileges appertaining to he Perseverance Benefit Society, or so doing pay him the sum of 501. vas made to the amount of this sum , and it appearing to me to be based lculation, I see no reason to reduce der the defendants to pay to the

osts.

NKRUPTCY LAW.

ES OF NEW DECISIONS.
INSPECTORSHIP-ASSENT OF CREDI
deed of inspectorship a debtor
with the inspectors to convey and
m all his estate and effects if they
riting so require. The inspectors
ce requiring the debtor to make the
and assignment to them, but took
teps in the matter. A few days
e debtor executed a bill of sale of
to a creditor; the bill of sale con-
ual power of sale, under which the
1 part of the furniture, and after
3 own debt out of the proceeds of
tined the balance thereof, and also
the furniture. The debtor after-
e bankrupt. On a bill by the in-
ying for a declaration that they
I to the balance of the proceeds of
the rest of the furniture: Held
le decision of the Master of the
the inspectors not having shown.
› perform their functions until pro-
th regard to the estate had com-
he Court of Bankruptcy, this was
which the Court of Chancery would
liscretionary concurrent jurisdiction,
would leave the matter to the Court
tey: Held, also, that the covenant
or in the inspectorship-deed to assign
on demand did not vest any pro-
inspectors, and that the demand for
nt made by the inspectors did not
n the equitable owners of the pro-
t, instead of dismissing the bill, it
etter to direct the plaintiffs to pay
s directed by the Master of the Rolls;
n court and the remaining furniture
red to the assignee in the bankruptcy,
ting to deal with them as the Court
tey should direct; and the plaintiffs
berty to take such proceedings in
within a month, as they might be
The affidavit made in the registration
ectorship-deed is not sufficient eri-
e assent of the creditors: (Phillips v.
. T. Rep. N. S. 707. Ch.)
PARTNER-PETITIONING CREDITOR'S
e appellant, then an infant, entered
rship with two adults. During the
all the partners, a clerk, who held a
torney from the two adult partners,

ill on behalf of the firm. This bill

ted for payment to the appellant, who
lenying his liability. The holders of
reupon presented a petition under the
Traders Act (Barbados), and obtained
tion of insolvency against the appel-
s partners: Held, first, that there was
ing creditor's debt; and, secondly,
pellant, being an infant, could not be
I insolvent, and that therefore the
in the court below must be super-
ecided cases only establish that an
y be made bankrupt where he has
edit and contracted debts by means
nd fraudulent assertion that he was

McLean v. Dummett, 22 L. T. Rep.
Priv. Co.)

OURT OF BANKRUPTCY.

Tuesday, July 19.

(Before the CHIEF JUDGE.) CRAVEN AND MARSHALL. Fraudulent preference.

an appeal from an order of the judge of Court of Yorkshire, sitting at Huddersing that a conveyance by one of the ose estate was in course of liquidation ment, of certain freehold premises in was a fraudulent preference.

ors carried on business in partnership

for some years before and up to the time of the
petition for liquidation, which was filed on the
22nd March 1870. In the years 1867 and 1868 the
appellant, who was of the same surname as Abram
Craven, one of the debtors, but who was not re-
lated to him, had lent to Abram Craven on his
separate account sums amounting together to
4501., secured by two promissory notes, on which
interest had been duly paid up to Jan. 1869. In
the month of Oct. 1869, Phineas Craven called at
the place where the partnership was carried on,
and had an interview with the partner Marshall,
by whom the business was principally managed.
From something which he then observed he came
to the conclusion that the business was not
prudently conducted, and he therefore determined
to require payment of or security for the debt
owing to him by Abram Craven. He accordingly
applied to the latter in Oct. 1869, told him what
he had observed, expressed his dissatisfaction, and
required the payment of his debt; and on the 3rd
Feb. last, in pursuance of an agreement to that
effect made in Dec. 1869, Abram Craven executed
to Phineas an absolute conveyance of the premises
in question.

De Ger, Q.C., and R. Griffiths were counsel for
the appellant.

two modes prescribed for invoking the aid of the court. The first is by motion, supported by affidavit duly served upon the parties intended to be affected thereby, four days before the hearing. In such case the parties so affected, if they intend to oppose the motion, should file affi. davits in reply, and serve the same two days before the hearing. The second course open to a suitor is to apply ex parte upon an affidavit for a rule nisi, or order upon the opposite parties, to show cause why, on a day named, an order should not be made upon them in the terms therein specified; and that order has to be served four clear days before a rule or order is made absolute. In the present case the first of these modes was intended to have been followed; but, instead of there being an affidavit filed in support of the motion, the notice thereof simply recited that certain examinations taken in the course of the bankruptcy would be read, and of those examinations no copy was served upon the opposite party.

Kenion, after Nordon had opened his case at some length. and in support there f had commenced to read the examinations, took exception to the course of procedure. He contended that, assuming the court had jurisdiction to make the order applied for, which he did not admit, it Winslow and F. Knight for the respondent. could only be exercised where all the facts were The CHIEF JUDGE having taken time to con- before the court. Here there was no affidavit in sider, now gave judgment, and, after remarking support of the motion, and consequently none in that the case had been argued with great ability, reply; but the only evidence upon which it was said that two questions were raised, each of con- based was that taken at different stages of siderable interest, the solution of which must the bankruptcy, at which the parties sought to regulate the administration of estates in bank- be affected had no right to be present, and, ruptcy in all cases in which the like circumstances if present, had no right to re-examine so as to occurred. The first question related solely to the elicit the whole account of the transactions in law as it had been established by a series of deci- question. As against the bankrupt, the examinasions extending over many years, and by which it tions on the file might be available, but where third had been declared that to constitute a fraudulent parties were sought to be affected they could not preference by a debtor over all his other creditors be used; and he maintained that, where a motion (in which case the preference would be ineffectual affected third parties, all the evidence to be used against assignees in bankruptcy) two things must should be adduced in the matter of the motion, concur. First, the preference must be voluntary and no examinations taken at different stages of the on the part of the debtor; and, secondly, it must bankruptcy for other objects could be called in have been shown by him when in such a state of aid. Had an affidavit been filed, and the names insolvency that it must be inferred that bank- given of the parties intended to be examined in ruptcy was then in his contemplation. Then the support of the motion, he might have been prequestion was, had the 92nd section of the Bank-pared with evidence which would have entirely ruptcy Act 1869 changed the law as it was estab- changed the aspect of the case. lished before the passing of the statute, or were the principles and rules of law theretofore acted on the former laws had not been altered in express to be still applied and acted on in all cases in which terms, and in respect of which new or different rules and principles had not been established by the statute? His Lordship, after commenting upon the facts and the arguments of counsel, said all the court Was now required to do was to ascertain whether or not the deed was such a voluntary act on the part of the debtor as to make it fraudulent and therefore void against the other creditors. That it was in contemplation of bankruptcy was obvious from the evidence. and not to be disputed, but the evidence afforded clear proof that the deed did not originate with the creditor, and, although the pressure was gentle, it was applied in terms not to be misunderstood. As to the other point, his Lordship said that, in his opinion, the statute now in force had no respect, so far as affected the question now before him, altered that principle in bankruptcy which had been well established by a long series of decisions, and was well known long before the statute came into operation. The fraudulent preference which was made void by the statute was the same fraudu lent preference as was invalid before, for the same

reason and under the same circumstances. The

motive which might have actuated the debtor
wholly or partially was not material, unless it had
also induced him without pressure or just request
from his creditor to give him a preference over his
other creditors. The order appealed against must,
therefore, be discharged, inasmuch as it was in
contravention of the rights of a purchaser in good
faith and for a valuable consideration.

LIVERPOOL COUNTY COURT.
Saturday, July 16.
(Before J. K. BLAIR, Esq., Judge.)
Re DICKINSON.

B. A. 1869, sect. 72-Power of court to restrain
action against trustee by third parties where in
the result the estate could not be affected-Prac-
tice on motions made under rule 50.

This was a motion by Nordon, on behalf of the
trustee of the estate of the bankrupt, a boot and
shoe dealer in Liverpool, for an order to restrain
the brother of the bankrupt and others from pro-
secuting an action against the trustee, which they
had commenced for an alleged trespass. By the
terms of the notice of motion it was also asked
that the court would make an order that the pro-
perty seized by the trustee, which was claimed by
the brother of the bankrupt, and was the subject
of the action, might be declared to be the pro-
perty of the bankrupt. Under the present Bank-
ruptcy Act, as under the former Act, there are

His HONOUR admitted that the course prescribed by the rules had not been adopted in this case, and been taken at the outset; but, as the case had said he should have allowed the objection if it had proceeded so far, he considered that he ought to permit Nordon to conclude. So far as the evidence of the brother of the bankrupt went, it could not be excluded; but, of course, as was suggested, he might be admitted, for the purpose of setting right any misapprehension which his answers had given rise to, or which would elicit the whole account of his transactions, be re-examined.

Nordon then proceeded with his case, and, after dwelling upon the facts, which are shortly embodied in the terms of the motion already cited, he referred to the law on the subject, and contended that, by virtue of sect. 72 of the present Act, the court had complete jurisdiction over strangers; and in a case like the present, the power conferred by the act ought to be exercised, and an order made in the terms of the motion.

Kenion, in reply, questioned the jurisdiction of the court to restrain an action by third parties against the trustee where the result of such action There the trustee could not affect the estate. was sought to be made personally liable for having exceeded his duties by seizing property which, it was contended, did not form part of the bankrupt's estate; and it would be carrying the 72nd section far beyond its scope to assume jurisdiction to restrain an action in such a case. With respect to the other branch of the motion, he reiterated his observation that the court could not arrive at any decision without having all the facts before it.

His HONOUR said he had no doubt that as to the first branch of the motion he had no power to restrain the action; but as to the latter portion he considered a sufficient case had been shown for him to call upon the other side to answer; and therefore he should adjourn that part of the motion to Thursday next for Kenion to adduce evidence in opposition to the case as made out by Nordon.

An order of adjournment was accordingly made, which in effect is a rule nisi, calling upon the opposite party to show cause why the desired order should not be made.

presented against him, it appear to the court that there will govern the present case. I may state that I
is probable reason for believing that he is about to go heard what I imagine to be an analogous case,
abroad, or to quit his place of residence with a view of under the law of 1849 and 1861, argued by two of
avoiding payment of the debt for which the summons
has been granted, or of avoiding service of a petition of our best bankruptcy counsel, before the Chief
bankruptcy, or of avoiding appearing to such petition, Judge, when Mr. Commissioner Bacon, in which
or of avoiding examination in respect of his affairs, or the petitioning creditor's solicitor had applied to
otherwise avoiding, delaying, or embarrassing proceed- the creditors' assignee for payment of his costs
ings in bankruptcy: provided always, that nothing out of a sum of cash in his hands, which the
herein contained shall be construed to alter or qualify
the right of the debtor to apply to the court in the pre-assignee's solicitor claimed to retain against his
scribed manner to dismiss the said summons in the own costs and expenses. The Chief Judge decided
said Act is provided, or to pay, secure, or compound for that the assignee must pay the petitioning credi-
the said debt within the time by the said Act provided, tor's costs before he retained anything towards
without being deemed to have committed an act of his own expenses or costs, and ordered the assignee
bankruptcy; and provided also, that upon any such to pay the applicant's costs as there was no ground
payment or composition being made, or such security whatever for refusing the payment. As I before,
offered as the court shall think reasonable, the said
debtor shall be discharged out of custody, unless the observed the question under the present law
simply turns upon the word "net." There is
2. No arrest shall be made under this Act unless the no doubt whatever as to the priority in payment
debtor's summons when served shall have indorsed of the costs of the p titioning creditor, and the
upon it a notice that the debtor will be liable to arrest court will undoubtedly order the payment. Here
if he attempt to quit the country before payment or notice to the trustee on his written consent to the
satisfaction of the demand or the summons be dis-order is required according to the practice. I

court shall otherwise order.

missed.

3. No payment or composition of a debt made, or

security for the same given, after an arrest made under the provisions of this Act shall be exempted from the provisions of the said Act relating to fraudulent prefe

rences.

4. The terms used in this Act shall have the same meaning as they have in the said recited Act, and this Act shall be read and construed therewith.

CORRESPONDENCE OF THE

PROFESSION.

NOTE. This department of the LAW TIMEs being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it.]

having obtained the first order under the rule.
J. SEYMOUR SALAMAN.

London.

HANDLEY V. CHESTER-EXTRAORDINARY PRO-
CEEDINGS BY AN ARTICLED CLERK, This,
appears in last week's number of the LAW TIMES,
but permit me as a clerk to inform you and the
Law Society that what are supposed to be respect-
able attorneys are guilty of acts quite as bad.
Instance I know an attorney who, being afraid
that he should not be allowed for a
advise on evidence," did not prepare one. He
went to court and succeeded. And after the trial
he prepared a case, and got a counsel to write and
sign an opinion antedated, or else he got one
forged. All I know is, the thing was done and
the costs of it allowed on taxation.

case to

A LAWYER'S CLERK.

[Our correspondent adds, that if applied to by the
Council he will be prepared to support this
statement.-ED. L. T.7

TRUSTEESHIP. As a trustee of nearly thirty years' standing, I have read with a feeling of interest Lord Romilly's recent decision in Hopgood v. Parkin, which shows the responsibility of trusteeship and the necessity for a public registry of all incumbrances upon real and personal property, as has been the case for many years with respect to lis pendens, judgments, and Crown debts. In one case the utility of this plan was-As a country member of the Incorporated Law SOLICITORS AND MINOR JUDICIAL OFFICES. proved by the purchaser's solicitor, finding a Society, I am extremely glad to see that the reso30001. official bond registered against the vendor, lution proposed by Mr. Merriman at the last annual which the latter had forgotten. Its cancellation meeting was unanimously carried. I earnestly had been omitted by mistake. With respect to hope that all solicitors who feel, as I do, that settlements and wills, the family solicitor, and as he becomes advanced in years his successor or re-offices, which we should fill as well as do members we are very unjustly excluded from various small presentative, superintends the trust probably, and of the Bar, will read very carefully your report of keeps it safe and regular, Perhaps he is one of the meeting in last Saturday's paper, and consider the trustees, and the acting member. Trusteeship the cogency of the arguments there advanced by is frequently a sinecure, but often the reverse, as some persons can testify, personally. Further, done before in your columns) call attention to the speakers. Especially would I (as I have it is often, on account of the responsibility in the injustice and stigma cast on our branch of curred, difficult to procure competent persons as the Profession by the exclusion of attorneys in trustees. Why then should not trustees be remunerated fairly, as other agents are? Diffi. Practice from the county magistracy. Even if the culty occurs sometimes not only with respect to mitted, or the likelihood of an attorney being la supposition of bias in criminal matters be adnew trustees, but also old trustees must be re- J.P. and at the same time dealing in criminal tained against their desire, and possibly to their business be anything more than a phantasy, prejudice. The Norwich Union and Reliance Life there, could casily be devised an efficient restrie. Assurance Societies now undertake the duties of tion. I hope we shall, next session, use our influtrusteeship in marriage settlement transactions, an example worthy of imitation by other life ence to carry Mr. Merriman's resolution into assurance societies, and, as I believe the appoint- shape and reality as a Bill, and that solicitors ment of official trustees to act upon applica- unite in helping the measure forward. I shall be individually and law societies will energetically tion, subject to the supervision of the Court of very disappointed if I do not see the matter taken Chancery, would release many trustees from an uneasy yoke, and diminish much of the risk and up by other contributors to your columns. difficulty which now prevail, especially when infants and married women are concerned. Under the present system responsibility may rest for many years upon one trustee, and, upon one occasion, four trustees died without having caused a trust fund to be transferred into their names. So that for nearly thirty-five years the tenant for life might have effected the transfer individually. Legal practitioners might name similar cases of neglect, which official trusteeship would tend to diminish, in my opinion.

London, 22nd July 1860.

CHR. COOKE.

BANKRUPTCY COSTS.-In reply to "A Manchester Solicitor," the question he asks is an important one to bankruptcy practitioners and also trustees. It is regulated by rule 31, under which the petitioning creditor at his own cost, prosecutes the proceeding until the appointment of trustees, "and the court shall order the payment of such costs out of the first net proceeds of the estate of the bankrupt." If I understand rightly the case your correspondent states, the trustee has on hand 501. He must pay your correspondent's costs before he pays his own solicitor's costs, or his own remuneration; but I think he would be entitled to pay the necessary expenses of an auctioneer, or such like expenses incurred in realising the 501., although in that case the 501. would not be a "net sum. It is somewhat difficult to understand the case put, 1 same principles which governed the gen under the old law,

Ringwood, 27th July. WILLIAM READE.

1

THE COUNTY COURT BILL. I have read with much attention your remarks on the County Court Bill. There is one part of it to which the most strenuous opposition will, I trust, be offered by the Incorporated and other law societies, namely, the clause relating to agents. The Profession is treated already stingily and rigorously enough to satisfy the most pennywise economists of the Treasury, and to add to the bad treatment we already experience by allowing people to usurp our privileges who have never incurred our heavy expenses, is a thing which ought to be resisted as strongly as possible. I entirely dissent, too, from the proposition of unlimited jurisdiction. Beyond a certain point, a County Court is not the proper tribunal for the decision of complicated questions, and twenty of its decisions do not carry the weight of one at Nisi Prius. If the County Courts are to be universal courts of first instance, they must be entirely remodelled, and due provisions made for a system of pleading, however simple, and the status of advocacy. The scale of costs on all matters save equity is very parsimonious. Moreover, when heavy and complex work is put upon the courts by modern legislation, it is absurd to provide for costs in a spirit very consonant with the original idea of a popular small debts court, but quite unsuited to a tribunal which has the most varied jurisdiction. The provision which gives a locus standi to agents is, in my

THE FASTING GIRL CA-h your observations on this case state "that she was given up to experienced nurses, who made they should deal with her as t that the parents should not inten dence taken before myself and eve trates negatived all this most be nurses were instructed only t done by the parents or anybody a vent anything being done, as had by a London doctor. As to thes periment tried on the girl bea were before us, or anyone else t particle of evidence. The docter & nothing but feel the girl's ple did not tell the parents of Dr. Davies did so too late life. It was evident to t them knew what species dr laboured under, and that noned seen a similar species before, whi wondered at, as not one medical n ever does. Sir Astley Cooper ha more than three cases in his la a patient labouring under that (call it pseudo-cataleptic hyster name you please), may go for & secretions, was taught me more or a month, or even more, with ago by the late Dr. Gordon Smith on medical jurisprudence. The = deceit practised by the parents t accesses of the disease the poor the fact that in the intervals bet food, and had had it administered intervals secretions had passa stated this there would have be and no "donations." From began the disease was upon her. appeared clear to me that whe or two its access ceased pores of fit, and the return of left side, and increasing accelerat she died within the usual time. then required food as you or I, an

as

Cai E. C. L Adpar-hill, 27th July.

low practitioner." The busine in the County Courts is ess should be performed by attorneys gentlemen who have undergone of legal study, several examinations great expense in becoming days as such, and I can only repeat why their legitimate business shot upon by unqualified and irrespons that, too, under the sanction of whose object, in my humble opi raise the status of the Profession dignity of the law, rather than certain result if agents are pe locus standi. I trust the new sanctioning "agents appearing will expressly forbid them doing s solicitors generally will, with one y against the contemplated infracti Worcester, 27th July. 1

N

S AND QUERIES ON
NTS OF PRACTICE.

must remind our correspondents that this
it open to questions involving points of law
citor should be consulted upon. Queries will
which go beyond our mits.

ent, not necessarily for publication, but as a bona fides.

That the registration in London of all transfers of land would be most inconvenient in country transactions, which are very frequently required to be carried through immediately, and without the delay and expense of previously searching the register.

And that the inevitable effect of one central registry would be to increase the expense of dealing with land in almost every instance.

veniently dealt with by inflexible enactments), but some of the most important features of the measure to be worked out by rules of court, which it was proposed should embrace some of the most vital and important branches of the administration of the law, as, for example, whether measures of the highest importance to suitors should be heard > inserted unless the name and address of the by a full court, or by a single judge in chambers: whether suitors should have issues affecting their fortunes, or their characters, in certain cases tried by a jury; whether such rights should be determined by the court of justice, or by an accountant or man of science; and numerous other equally important questions relating to the administration of justice. That such delegation of Parliament of its functions to persons however high in authority, not in Parliament, is unconstitutional and objectionable in all cases, and particularly so in a subject of such high importance as the ad-provement. ministration of justice.

Queries. DUTY-PARTNERSHIP.-On a dissolution of he remaining partner pays to the retiring money for the latter's share of the busi the assets and debts due to the firm, and atter from, and agrees to pay, the debts 3 of the firm. The Stamp-office requires ty to be paid on the proportion of the bilities, to which the retiring partner was ich the other partner covenants to pay, in he duty on the above sum of money. Can earned correspondents oblige me with an this? J. H. T.

LAW LIBRARY.

r's Record of Purchases and Sales, with n Tables adapted to every Investment. NARD CRACROFT, 4, Austin-friars. E. Wilson.

eful book, designed to enable the f stocks and shares to keep an annual his transactions. It is ruled in howing the name of the proprietor, the stock, the date of purchase, tom and from whom bought, where and the amount. Then it shows how idealt with, whether retained, or, if , when and to whom, at what price, profit or loss has resulted from the Another page sets forth in like inds of general information desirable ded in relation to it, as the dividends, where payable, the bonus, and such final column showing the total yield f the money invested. It will be as to solicitors who invest for their t is to investors themselves. It is the

t work of its kind we have ever seen.

LAW SOCIETIES. ORPORATED LAW SOCIETY. AL REPORT OF THE COUNCIL. (Continued from page 216.)

= of Justice and Appellate Jurisdiction

Bills.

of the first report of the Judicature was forwarded last year to each the society; and it will be remembered the chief features of this report was a ation that there should be a general e separate jurisdictions now exercised rior Courts of Law and Equity. This 11 was introduced by the Lord Chanhe House of Lords, under the title of ourt of Justice Bill. The council were upport this Bill, so far as it had for its stly, the abolition of conflicting juris. the Superior Courts, by giving to each e jurisdiction exercised by the Superior condly, the establishment of the princiity, where it conflicts with Common prevail, and shall qualify and modify And, thirdly, the assimilation, so far able, of the practice in all the branches

rior Courts.

ws, supported as they were by all the he authority due to the report of the Commission, were in accordance with Eions and recommendations of the Committee of the Incorporated Law the Metropolitan and Provincial Law communicated by the council to the Commission. But, although the council the general scheme and object of the appeared to them that the Bill was at objections in many most important

details; and to these the council esirable to direct the attention of the in a petition which they addressed to f Lords, and which was presented by As the main object sought by the his petition, was ultimately attained rement between the Lord Chancellor irns, it will be sufficient here only to y, that the objections urged by the he Bill, in its then form, were as

Bill proposed to deal with this imsure, effecting a radical change in the istration of justice, in an imperfect ving, not merely the minor details ouncil were aware could not be con

Particular attention was directed to the fact,
that special jurisdiction and procedure have of
late years been created and regulated in the
the Courts of Common Law by the Uniformity of
Process Act, the Common Law Procedure Acts,
the Railway Traffic Acts, and other Acts; and in
the Courts of Chancery, by the Joint Stock Com-
panies Act, the Trustee Acts, and numerous Acts
relating to the fortunes of infants, and other
measures, all of which have been the fruit of care-
ful and deliberate legislation; but the provisions
of any of which, however carefully framed, might
be unintentionally repealed without the consent of
Parliament, by the exercise of the proposed dele.
gated powers of making rnles and orders.

The council also objected most strongly to the
proposal to give the court the power of com-
to
pulsorily referring questions in difference
and though admitting that in some cases accoun-
accountants or scientific or other special persons,
tants or scientific persons might assist the court
by inquiries and reports, the council expressed
their belief that the masters of the common law
courts, or the chief clerks in Chancery, are much
better qualified than accountants to deal with
accounts, from their being accustomed to test the
accuracy of evidence. But they most strangely
objected to the proposed power of referring ques-
tions of fact compulsorily, and without appeal to
any persons, but, least of all, to persons who have
not had the advantage of a legal education.
Transfer of Land.

The council in their report last year stated the
purpose of the answers they had given to the
questions issued by the Royal Commission ap-
pointed in April 1868.

That commission made its report in Nov. 1869 and whilst recognising the non-success of Lord Westbury's Act of 1862, it confirmed the opinion which the council had expressed, that the working of that Act had not been impeded by solicitors on the ground that it was opposed to their interests.

The royal commissioners did not take into con

There is a general condemnation of the recognition of " Agents," if that expression is intended to include persons not duly qualified to act as attorneys and solicitors.

It is also an objection to the measure, that its operation will depend very largely upon the rules which remain to be published. The council are now engaged in preparing observations on the Bill, with a view to its im(To be continued.)

WORCESTER AND WORCESTERSHIRE
LAW SOCIETY.

The annual dinner of this society was held on Thursday, July 21, at the Northwick Arms, Evesham, at which the following members were present; Messrs. Allen (president), Holyoake (vice-president), Holden, Stallard, R. P. Hill, H. New, Meredith, W. P. Hughes, Bedford, Prance, Bird, Crisp, Martin; and Messrs. Garrard and Byrch, of Evesham, as guests. The society was also honoured with the presence of Mr. A. M. Skinner, Q. C., who was on that day acting as deputy for Mr. R. Kettle at the Evesham County Court. The customary toasts were given and responded to, including "The Bench and the Bar," coupled with the name of Mr. Skinner, to which that gentleman replied in a humorous and genial speech. Mr. Prance kindly acted as cicerone in showing the members the principal places of interest in the town and neighbourhood, and they afterwards, by the kind invitation of Mr. New, adjourned to his beautiful grounds at Green-hill for coffee. The evening being fine, the splendid prospects which present themselves from the lawn ing at Evesham was universally allowed to be a were greatly enjoyed, and altogether the meet

success.

bers:-Mr. J. C. Gregg, of Ledbury; and Messrs. The following gentlemen were proposed as mem. Garrard and A. W. Byrch, of Evesham.

LEGAL OBITUARY.

J. TILLEARD, ESQ. WE have to record with very great regret the death of Mr. John Tilleard, the head of the old and wellknown firm of Tilleard, Son, and Company, of the Old Jewry, who were for some years the solicitors of the South Eastern Railway. He died at his residence at Upper Tooting on the 25th inst., at sideration the expediency of establishing a system the ripe old age of seventy-six. He was admitted of registration, as the principle had already on the roll of solicitors in the year 1819, and been adopted by Parliament; but they confined entered early into a very large practice, as his themselves, after hearing evidence on the working sound judgment, extensive knowledge of commercial of the Act of 1862, to making suggestions for its law, and great energy of character were speedily alteration and improvement,-amongst other sug-appreciated by an extensive circle of commercial men. He was eminently fitted to advise mercangestions, relaxing the necessity for registering, in all cases, an indefeasible title under the exist- tile men upon the various and complicated quesing system, and giving liberty to an owner to require prompt and immediate action, and the tions which continually present themselves, and register a title, not necessarily marketable, as from confidence of his clients in his judgment and disa date of his own choice.

In March last, the Lord Chancellor introduced a Bill incorporating therein many of the suggestions of the commissioners; but the Bill also contains a clause which makes the registration of the ownership of the fee compulsory upon any sale of land after the expiration of two years from the passing of the Act

The persons who may apply for registration

are

(1.) Any person who has contracted to buy an estate in fee simple in land, whether subject or not to incumbrances.

(2.) Any person entitled for his own benefit at law or in equity to an estate in fee simple in land, whether subject or not to incumbrances. (3.) Any person capable, either alone or with the consent of other persons, of disposing, by way of absolute sale, of an estate in fee simple in land, whether subject or not to incumbrances. The Bill also provides for a registration of charges on land.

Although there is little probability of the Bill passing in the present session, the council thought it right to communicate with the provincial law societies, and with numerous country solicitors, in order to elicit an expression of opinion from solicitors largely concerned in conveyancing business in the country; and, as far as the council have at present ascertained, not a single society or solicitor is in favour of the Bill as drawn. They consider that the compulsory clause (45) is objectionable, and, as drawn, impracticable, inasmuch as no undivided interests in land are recognised by the Bill.

esteemed and respected by his professional He was universally known of them he was always kind and courteous. brethren to whom-even the youngest and least Although he has for some time ceased to take an active part in the business, his loss will nevertheless be severely felt by an enlarged circle of

cretion was unbounded.

friends and clients.

LEGAL EXTRACTS.

LEGAL APHORISMS.-The defendant's counsel,

in a breach-of-promise suit, having argued that the woman had a lucky escape from one who had proved so inconstant, the judge remarked that be." Afterward, when there was a debate as to "what the woman loses is the man as he ought to the advisability of a marriage between a man of forty-nine and a girl of twenty, his Lordship remarked that "a man is as old as he feels; a woman as old as she looks."

A COURT OF LIMITED JURISDICTION.-A Michigan judge is reported to have pronounced the following sentence upon a prisoner convicted before him:-Judge: "Stand up, prisoner at the bar. Prisoner, how old are you?"-Prisoner:

Fifty-three years, five months, and twenty days."-Judge (after some calculations): "Prisoner, I sentence you to hard labour in the state prison for sixteen years, six months, and ten days. This brings you to seventy years, beyond which. my jurisdiction don't extend. Sheriff, remove the prisoner !"