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THE CAZETTES.

Bankrupts.

Gazette, March 13.

ELLIS, WILLIAM shipjoiner, Pennyfields. Poplar, March 21 and April 24, at twelve, Basinghall-street. Off. as. Graham. Sol. Aubin, Moorgate-street. Petition, March 9.

GREEN, DAVID, joiner, Sheffield, March 31 and April 28, at ten, Sheffield. Off. as. Brewin. Sols. Parker and Son, Sheffield. Petition, Feb. 29.

HASELL, JAMES, soap manufacturer, Bristol, March 26 and April 23, at eleven, Bristol. Off. as. Miller. Sols. Peters and Miller, Bristol. Petition, Feb. 29.

LOFTHOUSE, THOMAS, Coal dealer, Sheffield, March 31 and April 28 at ten, Sheffield. Off. as. Brewin. Sols. Branson and Son, Sheffield Petition, March 9.

STEVENSON, SAMUEL, dealer in yarns, Leicester, March 27 and April 17, at half-past eleven, Birmingham. Off. as. Harris. Sol. Hawker, Leicester. Petition, March 12.

WEISSE, EMELIE, milliner, Piccadilly, March 22. at eleven, April 19, at one, Basinghall-street. Off. as. Johnson. Sol. Doughty, Great Marlborough-street. Petition, March 12,

BANKRUPTCY ANNULLED,
Gazette, March 16.

HANCOCK, JOHN, licensed victualler, St. Michael's, Bristol.

Gazette, March 16. *

BLAND, EDWARD, linendraper, Great Chapel-street and Struttonground, both in the City of Westminster, March 29, at half-past eleven, April 26, at one, Basinghall-street. Com. Evans. Off. as. Bell. Sol. Reed, Gresham-street. Petition, March 5, BOWDEN, MARK, flint glass and looking glass manufacturer, and glass cutter, Bristol, March 27 and April 24, at eleven, Bristol Com. Hill. Off as. Miller. Sols. Vassall and Pope, Bristol. Petition, March 15. BURGESS, WILLIAM, dealer in candles and soap, Cambridge-street, Pimlico, Middlesex, March 29, at half-past one, April 26, at two, Basinghall-street. Com. Evans, Off as. Bell. Sols. Linklaters

and Hackwood, Walbrook. Petition, Feb. 23. EVANS, JAMES, cattle dealer, Bristol, March 27 and April 24, at eleven, Bristol. Com. Hill. Of as. Acraman. Sols. Smith, Vassall and Pope, Bristol. Petition, March 2. FIELLER, DANIEL, clothier and shirt maker, 45, Aldermanbury, March 28, at half-past one, April 23, at twelve, Basinghall-street. Com. Fonblanque. Off. as. Stansfeld. Sols. Peek and Downing, Basinghall-street. Petition, March 7.

HARRIS, JOHN, innkeeper, Littledeans-hill, Lea Baily, Gloucestershire, March 27 and April 24, at eleven Bristol. Com. Hill Off as. Acraman. Sols. Carter and Gould, Newnham; and Abbot, Lucas and Leonard, Bristol. Petition, March 14.

LILLEY, THOMAS, merchant tailor, North Shields, March 23 and April 21, at twelve, Newcastle-upon-Tyne. Com. Ellison. Off. as. Baker. Sols. Welford, Newcastle-upon-Tyne; and Nichol and Clarke, Cook's-court, Lincoln's-inn. Petition, March 13.

LOWNDES, LEVI, draper, Abergavenny, March 27 and April 24, at eleven,
Bristol Com. Hill. Off. es. Miller. Sols. Bevan, Girling and
Press, Bristol. Petition, March 13.

MERRIMAN, JAMES, lace manufacturer, Hyson-green, Nottingham,
March 29 and April 19, at halt-past eleven, Nottingham. Com. San-
ders. Off. as. Harris. Sol. Brown, Nottingham. Petition,
March 15.
MILLAR, RICHARD, jun. and MUNNS, EDWARD LAMBURN, wholesale
and export oilmen, 10, Bishopsgate, City, March 27, at two,
April 24, at one, Basinghall-street. Com. Holroyd. Off. as. Lee.
Sols. Harrison and Lewis, Old Jewry. Petition, March 13.
MOUNTFORD, JOHN, parian manufacturer, Stoke-upon-Trent, March
26 and April 16, at eleven. Birmingham. Com. Sanders. Off. as.
Whitmore. Sols. Glover, Shelton, Staffordshire; and James and
Knight, Birmingham. Petition, March 14.

SPICER, WILLIAM SANDON, tobacconist and brewer, Kingston-upon-
Hull, April 4 and May 2, at twelve, Kingston-upon-Hull. Com.
Ayrton. Off. as. Carrick. Sois. Stamp and Jackson, Kingston-upon-
Hull. Petition, March 2.

ibidends.

BANKRUPTS' ESTATES.

Oficial Assignees are given, to whom apply for the

Dividends.

Armitstead, J. grocer, first, 2. Fraser, Manchester.-4lack, S. contractor and builder, first, 71. 6d. Young, Leeds.-Ball, W. and T. Tillers, further, 0d. Hirtzel, Exeter.-Banks, T. baker, firet, 34. Gjd. Hirtzel, Exeter.-Carter, C. sack and coal merchant, first, 4d Whitmore, London.-Caughey and Lander, joiuers, first, 4s. 4jd. Hernaman, Manchester.-Elworthy, J. dealer in coal and lime, further, 64d. Hirtzel. Exeter.-Harcood, C. carpenter, first, 14. 3d. Hirtzel, Exeter.-Huet, J. W. I. watchmaker, first, 34. 4jd. Hirtzel, Exeter.Pyne, H. J. coaldealer, first, 74 Hirtzoll. Exeter-Stanford, J. and T. washer manufacturers, sep. of T. Stanford, 1. 10. sep. of J. Stanford, 28. 24. Whitmore, Birmingham.-Stenton, J. corndealer, first, 2. 3 d. Brewin, Sheffield -Taylor. R. iron ore merchant, first, 1. 8d. Hirtzel, Exeter.-Vivian, J. D. grocer, first, 24. 11d. Hitzel, Exeter.

INSOLVENTS' ESTATES.

Apply at the Provisional Assignee's Office, Portugal-street, Lincoln's-inn-fields, between the hours of eleven and two. Forth, G. hatter, 1s. 11d.-Fox, F. F. foreman to a tailor, 78. 5d.Pair, C. W. clothier, 8-Piers, W. D. clerk in the Admiralty, ls. 5d. -Stow, A. attorney, 7d.-Vokes, C. linendraper, 21. 8d.

Ball, A. locksmith and huckster, 11d. Apply at the County Court, Wolverhampton.-Barnett, W. grocer and provision dealer, 2d. Apply at the County Court, Wolverhampton-Butler, M. victualler and carpenter, 2d. Apply at the County Court, Wolverhampton.Henshaw, T. victualler, 5. Apply at the County Court, Wolverhampton-Lawson, O. provision dealer, 2d. Apply at the County Court, Wolverhampton.-Lloyd, D tailor, and draper, 3s. Apply at the County Court, Wolverhampton.-Loratt, H. factor's clerk, 4d. Apply at the County Court, Wolverhampton.-Wallbank. T. tailor, 3, 4d. Apply at the County Court, Wolverhampton.-Watson, R. grocer, first and final, Is. 7d. 17202-69280ths. Apply to R. Shaw, official assignee, Alston.

Assignments for the Bencht of Creditors.
Gazette, March 6.

Hollamby, A. hoster, Burlington-arcade, Feb. 8. Trust. M. Hall, merchant, East India-chambers. Sol. Vining, Moorgate-street. Kingsland, N. grocer and teadealer, Parade, Canterbury, Feb. 29. Trusts. D. Kingsland farmer, Wye, and J. Green, grocer, Canterbury. Sols. Wightwick, Kingsford and Fraser, Canterbury.-Marsh, J. B. tailor and draper, Chipping Sodbury, Feb. 8. Trust. J. Cousins, gentleman, Bristol. Sols. Messrs. Livett, Bristol.-Martin, J. innkeeper, Pain's-lane, Salop, Feb. 24. Trusts. E. II. Bird, wine and spirit merchant, Birkenhead, J. W. Blase, maltster, Wrockwardine, and H. Cooke, maltster, Dawley-green. Sols. Newill, Marcy and Hiatt, Wel. lington Waight, G. tailor, woollendraper and general outfitter. Runcorn, Feb. 13. Trusts. J. Fox, cloth merchant, Huddersfield, J. H. Lee and William Kettle, woollendrapers, Manchester. Sols. Livett, Manchester, and Battye; Huddersfield. Deed with 8. J. Bennett and Co., public accountants, Manchester.

Gazette, March 9,

Beach, A. grocer and teadealer, Bristol, Feb. 25. Trusts. J. Shute, wholesale grocer, F. Phillips, soap merchant, both Bristol, and C. Townsend, tea merchant, City, London. Sol. Henderson, Bristol.Bushell, T. T. cornfactor, Ash-next-Sandwich, March 3. Trusts. T. Coleman, farmer, and R. Castle, Esq both Ash-next-Sandwich. Sol. Mouriyan, Sandwich.-Cole, W. R hosier, Maidstone, March 1. Trusts. J. T. Stuttard, Wood-street, and R. H. Hellaby, Gresham-street west, warehousemen. Sols. Mason and Sturt, Gresham-street.-Jacks, R. chemist and druggist, Pewsey, March 2. Trusts. W. H. Bullock, grocer, and T. Carter, butcher, both of Pewsey. Sols. Dixon and Macdonald, Pewsey.-Sands, J. oilman, High-street, Borough, Southwark, Feb. 23. Trusts. J. K. Hardy, drysalter, St. John-street, Clerkenwell, and J. B. Palmer, salt merchant, Lower Thames-street. Sols. Mason and Start, Gresham-street.

Insolvents.

Petitions to be heard at the County Courts.

Gazette, March 6.

Baker, E. accountant, Thomas Town, Merthyr Tydfil, March 22, at eleven. Merthyr Tydfil-Berry, J. J. (otherwise James Berry), market gardener, Sale Moor, within Sale, March 16, at eleven, Altrincham.Briggs, R. wheelwright, carpenter and farmer. Winwick, March 13, at i twelve, Oundle.-Clarke, T. J. tailor, Deal, March 27, at twelve, Deal -Coe, D. milliner, Ipswich, March 14, at ten, Ipswich.-Cooksley, G. W. carpenter, undertaker, baker and grocer, Yatton, March 22, at ten, Bristol-Eiridge, F. butelier, potato dealer and labourer. North Scarle, March 24, at nine, Newark.-Gibson, T. lace and commission agent, Nottingham, March 21, at ten. Nottingham.—Grifiths, P. shingler, Wednesbury, March 22. at ten, Walsall -Hal, T. joiner, cabinet-maker and furniture broker, Nottingham, March 21. at ten, NottinghamHarper, R. victualler and general-shop keeper, Basford, March 21. at ten, Nottingham.-Harris, B. boot and shoe maker, Bodmin, March 15, at eleven, Bodmin-Holland, S. A. journeyman joiner, New Sne nton, March 21, at ten, Nottingham.-Hunter, R. Journeyman blacksmith, Stranton, March 12, at eleven, Hartlepool-Kendrick, I. scrap iron dealer, Walsall, March 22. at ten, Walsall,-Jarvis, J. shoemaker, Rickney, late Wartling, March 12, at eleven. Hastings-Jones, T. saddler and dealer in waterproof goods, Brecknock, March 16, at eleven, Brecknock.-Knowlson, J. slater, Nottingham, March 21, at ten, Nottingham.-Marriage, A. commission agent, coal and corn dealer, and carter, Ipswich, March 14, at ten, Ipswich -Marsh, J. assistant fancy head dress manufacturer, Nottingham, March 21, at ten, Nottingham.-Northend, L. boot and shoe maker, Walkington, March 21, at eleven, Beverley - Robinson, W. wheelwright and carpenter, Whaplode, March 22, at ten, Holbeach.-Scott, G. shoemaker, Market Harborough, March 19, at half-past ten. Market Harborough.—Swinton, T. W. farmer, Marston, March 14, at eleven, Northwich. -Taylor, J. slater, Nottingham, March 21, at ten, Nottingham.-Thomas, N. miner, Tywnyrodyn, Merthyr Tydfil, March 22, at eleven, Merthyr TydfilTydeman, C. blacksmith, Stonham Aspall. March 17. at eleven, Stowmarket-Wilkins, 8. engineer in H. M. dockyard, Portsea, March 21, at ten, Portsmouth.

Gazette, March 9.

Batham, S. H. journeyman butcher, Bristol, April 96, at ten. Bristol. -Bannister, J. general dealer and merchant's clerk, Birmingham, March 21, at ten, Birmingham.-Burton, R. baker and flour dealer, i Birmingham, March 21, at ten, Birmingham.—Curtis, J. journeymau, chairmaker, Amersham, March 19, at eleven, Chesham.--De Saint Albans. A. C. teacher of languages and chemistry, Boston Spa, March 24, at half-past ten, Tadcaster.- Finch, C. coachmaker and wheelwright, also victualler, Andover, March 15, at ten Andover.-Gee, P. jun. cotton thread manufacturer, Elton, Bary, March 25, at eleven. Bury. Hodgkinson, E. carman, Aston Manor-juxta-Birmingham, March 21, at ten, Birmingham.-James, J. farmer, also clerk, Abbot Farm, Sutton, March 23, at twelve, St Helen's-Leadsom, W. vietaaller and dealer in beer, Birkenhead, March 13, at ten, Birkenhead.Lineker, E. H. surgeon and apothecary, Guisbrough, March 23, at eleven, Stokesley. - Linfarth, J. journeyman machinist, Aston Newtown Birmingham, March 21, at ten. Birmingham.-Lowes, M. boot and shoe maker, Middlesbrough, March 20. at eleven, Stockton.-Marrit, J. market gardener and potato salesman, Erdington, March 21, at ten, Birmingham-Saunders, 8. manufacturing jeweller, Sandpits, Birmingham, March 21, at ten, Birmingham -Trew, A. boot and shoe i maker, Ryde, Isle of Wight, March 22, at ten, Newport. -Werrett, H. R. farmer, Chipping Sodbury, March 31, at eleven, Chipping Sodbury.

BIRTHS, MARRIAGES AND DEATHS.

BIRTHS.

BROWNE.-On the 11th inst, at Westbourne-park villas, the wife of
G. Lathom Browne, Esq, barrister-at-law, of a dau :hter.
MOORE.--On the 15th inst., the wife of Charles C. Moore, Esq., of
Holloway-down, Leytonstone, and Milc-e ad, of a daughter.
RAYMOND. On the 5th inst., at 18, The Grove, Clapham-common, the
wife of John Raymond, Esq, barrister-at-law, of a sɔn.
WHITE-On the 29th ult, at Launceston, the wife of G. G. White,
Esq, solicitor, of a daughter.

MARRIAGES.
ARMFIELD-ECCLES.-On the 8th inst., at Manchester, Samuel, fourth
son of the late James Armfield, Esq. of Moss Lee Hall, High-lane, to
Amelia, youngest daughter of the late Aaron Ecclos, Esq., solicitor,
Marple.
HILL-LUSK-On the 7th Dec. last, at Auckland, New Zealand,
at St. Barnabas Church, Shirley Whitfield, second son of Henry
Hill, Esq., solicitor, to Isabella Mary, youngest daughter of Robert
B. Lusk, Esq.

JONES-MURRAY.-On the 8th inst., at St. John's Church, Nottinghill, William Jones, Esq., of 3, Serjeants'-inn, Temple, and 5, Wiltonstreet. Belgrave-square, to Margaret Dalrymple Elphinston, second daughter of the late John Murray, Esq.. M.D., Inspector-General of H.M.'s Hospitals in Bengal. OWEN-CAREY.-On the 6th inst., at St. Peter's Church, Dublin, Wm. Owen, Esq., barrister-at-law, youngest son of Col. Owen, to Elizabeth Charlotte, eldest daughter of Langer Carey, Esq., M.D., Churchfield, New ort, co. Tipperary. WATERHOUSE-HO KIN-On the th inst., at Lewes, Alfred Water

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Part VI. of Vol. VIII, containing all the decisions t this time of the Criminal Appeal Court, the Central Cr Court, the Superior Courts and on Circuits, and in Irela with Precedents of Indictments. By EDWARD W. UI Esq., Recorder of Falmouth. Price 55. 6d. CROCKFORD, 19, Wellington-street north, Strand. Just published royal 12mo. 400 pp., price 12s. 6d, cloth. UIDE to DRAWING BILLS of COSIS in nearly every branch of Legal Practice, contaiză, PRECEDENTS in Common Law, Conveyancing, Parlianz tary, Lunacy, Probate, Divorce, Bankruptcy, Insolvency at Criminal Practice, together with List of Fees allowed i Chancery Proceedings. By THOMAS FARRIES, Law E of Costs Draughtsman.

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DEATHS.

AVERILL-On the 7th inst.. at Chipping Campden, Gloucestershire, aged 65, of apoplexy, Stephen Averill, Esq. of Broadway, Worcestershire, justice of the peace for the counties of Worcester and Gloucester,

BALLANTINE. On the 3rd inst., Eliza, the wife of Mr. Serjeant Ballantine, aged 37.

HARGREAVES.-On the 4th inst, aged 85, Elizabeth, widow of Mr. Joseph Hargreaves, ef Wakefield, and mother of Mr. Thomas Ilargreaves, solicitor, Leeds.

HEPWORTH.-On the 20th ult., at his residence, Ackworth-lodge, Pontefract, aged 58, William Hepworth, Esq., one of her Majesty's justices of the peace and deputy-lieutenant of the West Riding, and magistrate for the county of Lancaster.

HOUGHTON.-On the 4th inst., at Lower Norwood, Elizabeth Margaret, the wife of Mr. William Houghton, and daughter of the late R. O. Wynne, Esq., formerly a judge in the East Indies.

NEWTON On the 4th inst., at the residence of his father, Grovehouse, York, Thomas Henry Newton, Esq., of the firm of Newton and Son, solicitors, of that city.

PEED. On the 7th inst., at the residence of her nephew, Lensfield, Cambridge, Ann, relict of the late Samuel Peed, notary and solicitor, Cambridge.

SUDLOW-On the 24th Oct. 1859, at Crowlands, Victoria, South Australia, Alfred Sudlow, Esq., second son of the late J. J. J. Sudlow, Esq., of Bedford-row, London.

SUDLOW-On the 7th inst., at Shedfield, Hants, aged 68, Mary, widow of the late John J. J. Sudlow, Esq., of Bedford-row, and Heath Lodge, Weybridge.

TAKLETON. On the 13th inst., aged 41, Francis Willington Tarleton, 6, London-road, St. John's wood, and 51, Lincoln's-inn-fields. TUCKER-On the 5th inst., at Ashburton, Robert Charles, infant son of R. C. Tucker, Esq., solicitor.

FUNERAL EXTORTION AVOIDED.—

By Executors and bereaved Relatives of deceased noblemen, gentlemen, tradesmen and others, sending in the first instance to SHILLIBEER'S ESTABLISHMENT, CITYROAD, near Finsbury-square, or No. 12, North-street, Quadrant, Brighton, instead of employing their upholsterer, or the nearest undertaker, who, not possessing the needful requirements, resort to the funeral furnishers to hire them, and consequently inflict two-fold profits. Shillibeer's system combines under one charge, to any scale of pomp or humility desired, funerals of every class, and the most varied description of conveyances, old and new style, and first-rate equipments, at charges so moderate as to defy competition. Catholic fittings from Paris. No extra charge within ten miles. A nobleman's or gentleman's funeral, including leaden coffin, from 18.; professional gentlemen and tradesinen's, from 87.; artisans', 37., and upwards. Originated in 1842 to economise funeral expenses.

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To Readers and Correspondents.

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receive the attention they deserve, and, if approved, to mould the measure in committee. Two years ago we submitted to our readers the outline of a scheme for Bankruptcy Reform, which appeared to be generally approved by the Profession. It will be seen that the greater portion of it has been adopted in the present Bill. First, the distinction between Bankruptcy and Insolvency is to be abolished, and the title of Bankrupt and the law of Bankruptcy applied to all debtors alike who are unable to pay, whether they be traders or non-traders.

DIARY OF SALES BY AUCTION DURING be more rationally conducted. Instead of five

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66

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THE

Law and the Lawyers.

THE BANKRUPTCY BILL. SIR RICHARD BETHELL has added another to his many claims upon the respect and gratitude of the country for Law Reforms which possess the great merit of being thorough. The Divorce Court is a monument, not merely of his skill to construct, but of his ability to carry, in the face of the most vehement opposition, improvements demanded by the intelligent, but against which great prejudices and interests are arrayed. Who can forget that marvellous display of knowledge and tact when, night after night, he fought single-handed against the resolute band led by GLADSTONE, who strove to defeat the Divorce Bill by the process of exhaustion, but who found in BETHELL a persistency stronger than their own?

He has now presented a Bankruptcy Reform Bill, beyond question the most complete and comprehensive scheme that has yet been propounded. For the first time there is proposed a rational Law of Bankruptcy. Its excellence is due to the same prudent courage which signalised the Divorce Act. He does not shrink from grappling with all the difficulties, making a clean sweep of the ground, removing whatever stood in the way of the completeness of his plans, and so constructing a sightly and shapely edifice. The same success will no doubt attend the same tactics, for he will not encounter the same hostility. All are agreed that Bankruptcy Reform is the most urgently needed of all law reforms, and the only differences that can arise will be upon its minor details, as to which the author frankly admits that experience may suggest improvements which he declares himself ready to adopt. It will be the duty of all of us to aid him in the performance of his task, by looking closely into the scheme and all its parts and provisions, and making known such objections or amendments as may occur to those who have practical knowledge of the subject.

And here, again, we must invite the criticisms of the Profession, which, through these pages, will reach the quarters where they are certain to VOL. XXXV.-No. 886.

Secondly, the administration of the law is to judges performing ministerial functions, there is to be one judge in London having judicial duties only; and the ministerial duties are to be performed by the registrars. The country commissioners are to be retained for a time, but as they retire their jurisdiction is to be transferred to the County Courts.

Thirdly, the official assignee is to be retained, but with a fixed salary and a small commission. Fourthly, the messengers, so costly and so useless, are to be abolished.

Fifthly, the fees are to be largely reduced, and one fixed fee substituted for miscellaneous charges. Sixthly, the bankruptcy may be either on the petition of the insolvent, or on the occurrence of a few circumstances that indicate insolvency, such as flying from creditors, or the seizure of the property under an execution. But the most efficacious will be the power of the creditor to summon the debtor to show cause why he does not pay; and then, if he does not show cause, or give security for payment, he will be liable to be declared a bankrupt.

Seventhly, thereupon the court will take possession of all his estate and effects for the benefit of his creditors. But the creditors are to be empowered, if three-fourths in value so desire, to take the winding-up of the estate into their own hands; or they may do so by the like majority at any time during the progress of the winding-up.

From experience of the old law before the appointment of official assignees, when creditors' assignees performed this duty, we feel the very strongest objection to entrusting it to them. We believe that they will never do it so well as a paid official whose duty it is, and who has no personal or adverse interests. Therefore we do not consider a majority of three-fourths in value sufficient. Two or three great creditors would outvote the rest. It should be at the least oneseventh in value, or three-fourths in number and value. Less than that would not prevent gross abuses.

Eighthly, at this point the measure introduces one of its greatest improvements. A periodical balance-sheet is to be printed and sent to all the creditors. This will, we believe, be found more effective in securing the honesty of managers and the vigilance of creditors, than all the other provisions and penalties of the Bill.

portion of the Bill, and it should make its supporters the more zealous in aiding it. Such is the outline of this great and compreIts details will be the subject hensive scheme.

of future investigation. Being broached, we trust that it will be vigorously pushed forward, so as to become law during the present session. But our fears exceed our hopes. There is a crowd of other business which must take precedence even of Bankruptcy Reform, important as it is. The Parliamentary Reform Bill has to be fought through, and it will be vigorously contested. The Budget is yet far from being disposed of. Foreign affairs are growing more critical, and claiming more and more of the debating power of both Houses. After these exciting themes bankruptcy will be dull and tedious. The only chance for it is, that those who know little or nothing about it may be content to leave it to those who take a real interest in it. Should they do this, the Bill may become law during the present session; should they determine to dog it through committee, it will, we fear, like so many of its predecessors, be withdrawn at the last moment for want of time.

Let Sir R. BETHELL urge it onward as persistently as he thrust forward the Divorce Act, and this great reform will find the same success, and he will reap the same reward.

THE STATISTICS OF THE REFORM
BILL.

THE reader has doubtless noticed the extraordi nary discrepancy between the statement of the additions which the proposed new franchise will make to the present constituencies, as they ap peared in these pages last week, and as published in the Times. Startled by so strange a difference, we feared that we had fallen into some error, and we hastened to examine again the returns from which the figures were taken, expecting to find some secret source of miscalculation.

But none such can we discover. If the returns contained in this elaborate parliamentary paper are correct, our figures are right, and those Let there be no misof the Times are wrong. understanding in so serious a matter. The document from which we took our information is entitled "A return of the number of male persons resident within each Parliamentary City and Borough in England and Wales, or within seven miles thereof, assessed to the last poorrate made before 7th Nov. 1859 at 64. and under 71.; at 77. and under 81. ; at 87. and under 97. ; at 97. and under 10., and at 10l. and over," ordered by the House of Commons to be printed on March 2. It is therefore the latest and most perfect supply that could be given of the materials requisite for calculating the additions which a 6. franchise will make to the constituencies. It is plain that if we take all the occupiers of property assessed at and above 67. in any borough, and deduct from that number the present number of electors, the difference will show precisely the excess of occupiers which a 64. value franchise might qualify as voters.

This is what we have done, and the results were those stated last week. The mistake into

thus:

Ninthly, the practically useless and absurd certificates are to be abolished. In their stead, the Bill is to define what fraud or misconduct in a bankrupt shall constitute an indictable misdemeanor; and this will be submitted to a jury in which the Times has fallen may be explained the regular way. It will, however, be necessary to make prosecution compulsory, and to provide for the payment of the costs of it out of the estate, or fraud will certainly go unpunished. This portion of the scheme will require the most careful consideration, and we request for it the particular attention of our readers.

Tenthly, a series of provisions, commonly known as the "dead men's clauses," have been introduced, as Sir R. BETHELL expressly stated, "in deference to the opinions of others," and therefore, we presume, against his own judgment. The object of these clauses is to enable the estates of persons dying insolvent to be wound-up cheaply and speedily by the Bankruptcy Court, as if the debtor had been living. At present this can be done only through the medium of the Court of Chancery, at enormous cost, and most frequently it is not done at all, and the creditors lose everything, no one of them being willing to take upon himself the hazard of a suit. The Profession will, we are confident, look upon this as one of the best portions, if not the very best part, of the scheme, for they have seen and felt the grievances it is designed to remedy. Why it has not met with the approval of so great and good a law reformer as Sir R. BETHELL, we are at a loss to discover, and he did not state his objections in his speech. But we trust that they will not make him less resolute to carry that

The return is constructed in a form calculated

to cause misunderstanding, until it is closely examined. It gives,

1. The number of electors on the register.

2. The number of houses valued in the rate-book at 10. and over.

3. The number valued at 97. and under 107. 4. Then the like numbers at each valuation of 84, 71. and 61.

5. Successively the excess over actual registered electors of those occupying houses valued at 107., 9., 8., 71. and 61.

6. The total excess of persons so rated above the present number of electors.

No. 5 is that from which our figures were taken, and it is obviously the right return. It shows precisely what number of properties there are at and above 67. value capable of conferring the franchise. It is another question to what extent they will do so in practice-that is to say, how many of their occupiers will qualify themselves; but this represents precisely what may be done.

The mistake made by the Times was the giving of the return of rated houses instead of the return of houses valued at 61. and upwards. That which we have given exhibits the rate-book value of the various occupations there described as "the gross estimated value." But another division of the return presents the same calcula

tions, based upon the value at which the property is actually rated. This seems to have been overlooked by the Times, or it has forgotten the fact that the new franchise is proposed to be based upon a value, and not upon a rating test. Consequently the first columns, showing the results of value, and not the second, showing the results of a rating test, are those which exhibit the actual additions of the 67. franchise to the number of electors.

The difference thus shown between a value and a rating test is enormous-sometimes one-half, frequently one-third.

Another curious fact is elicited by these returns. The number of electors is often considerably less than the number of 10. houses. In the Tower Hamlets, for instance, there are 67,859 107. houses, and of these only 28,843 are registered electors. So vast a difference can scarcely be accounted for by deaths and removals and nonpayment of rates, the usual causes of disqualification. How, then, is it explained?

This feature, which prevails to a more or less extent in most of the boroughs, though not in the same proportion in the small as in the large towns, will, of course, extend to occupiers below 10., and will probably produce in practice a very considerable diminution from the totals we have given. But, on the other hand, it is to be noted that even our figures exhibit only the values as stated in the poor-rate; and, notoriously, these usually fall far below the actual value, and still more below that artificial value always given when the object is to obtain a vote. The extent of this source of addition to the totals may be judged by this, that in many of the smaller towns the registered electors as 10%. occupiers are double the number of the houses valued at 101. in the rate-book, because the rating value is reduced for the purpose of avoiding a rate, and the parliamentary value is increased for the purpose of obtaining the franchise. Setting the certain additions to be made on this account against the deductions to be made on account of disqualifications, it is probable that the numbers we have given will represent with considerable accuracy the actual additions that will be made to the constituencies by a 6l. value franchise. A 61. rating franchise would probably reduce that number by one-third.

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The prevailing impression is, that the new franchise will not materially affect the representation of the smaller boroughs. It is asserted, by those who have the best intelligence, that the

their constituents when opposed to their own
opinions? On the contrary, will they not more
probably pander to prejudice and ignorance for
the sake of popularity, and prefer their seats to
their patriotism? It is in this manner, rather
than by the election of men of its own class, that
democracy rules. Revolutions are not made by
mobs, but by the men of rank and station who
strive for popular applause by professing princi-
ples they do not really approve, flattering them-
selves that they at least will ride in safety upon
the storm they have raised. But history should
teach them that revolution always begins by
devouring its parents.

agent, I believe the working of the proposed Reform Bill will be as follows:-That the working classes will generally work together, and use their majority as prejudice may lead them; that they will fre quently prefer a rich or titled man, but generally tended; that the costs of elections will be increased a demagogue; that bribery will certainly be exin proportion to the size of the constituencies; that the new voters will generally be most friendly to those who bribe them best, and unfriendly to the trading class; that the 107. occupiers in counties will doubtless be a most dependent class; that in most places the small town voters will swamp by their numbers the more agricultural voters; that the doubling of the number of county electors must We find opinions very much more divided as largely increase the cost of county elections; that the to the probable results of the Reform Bill in the 107. occupiers will be more dependent than the ownercounties. Some think it will increase the terri-ship franchise there cannot be a doubt. AN AGENT. torial influence; others think that it will transfer the counties from the owners of property to the 10. renters in the unrepresented towns and THE Assizes have revived public indignation at villages. The majority of opinions incline to the injustice of the present inadequate scale of this latter view, and we agree with them. In allowances for the expenses of prosecutions. It the purely agricultural districts, the farmers are is ruin to a poor man to be a witness. He already voters, either as owners or as occupiers cannot even live at an assize town on the pittance of 501.; the other residents are not occupiers of doled out to him, and he loses his time into the 10l. at all. But in the small towns and villages bargain. This is hard enough upon a prosecutor, the majority of the inhabitants are 107. occuwho may be said, perhaps, to be doing his own piers, and belong almost entirely to the class business, and with whom it is only a small adthat at present governs the boroughs, and which dition to the original misfortune of being robbed is for the most part attached to dissent, and politi-worthless as it is, is not applicable to witnesses, and maltreated. But this argument, weak and cally to the Liberal party.

But all we have consulted agree that the effect of so great an increase in the number of electors will be to increase enormously the cost of county elections. All the counties will become what Yorkshire is, and it is notorious that an election cannot be fought there under some 10,000l. at the least, for legitimate expenses. Should this be the result of doubled constituencies in other counties, they will not be contested at all; the richest man will win a county, at first by his wealth, and keep it against all comers by the practical impossibility of measuring purses against him.

We find, too, that there is among the experienced men of all parties in the smaller boroughs an unexpected coincidence with the opinion we have expressed here, that, if there is to be any lowering of the borough franchise below 71. or 87. rating, it would be the safest and most prudent course to adopt the municipal franchise at once, that is to say, household suffrage, to be obtained by residence in a house for two years, and payment of rates and taxes. The Govern ment return is defective in not showing the number of municipal electors in boroughs having corporations, and the number of householders in all boroughs; but those best acquainted with the facts are of opinion that the adoption of the municipal franchise would not materially increase the number of electors beyond the 67. now proposed, while it would possess the very great advantage of being a definite franchise upon which a stand can be made by argument against further

PROSECUTION ALLOWANCES.

who have no wrong to punish, and who are only
so unfortunate as to have seen something done
by somebody else, and so foolish as to tell what
But it seems that both prosecutors
they saw.
and witnesses are rapidly learning the lesson
taught them by the penurious scale of prosecu-
tion allowances. The injured are declining to
prosecute; witnesses are refusing to see; and
consequently crime is enjoying impunity. The
Times has this report from the Norfolk Circuit:

There are seven causes entered for trial, one by a special jury. The calendar contains the names of seven prisoners only; one charged with arson, one and two with felony.

with burglary, one with forgery, one with bigamy,

remarking upon the light appearance of the calendar, Mr. Justice WILLIAMS, in charging the grand jury, said that he had intended to congratulate them on the number of prisoners being considerably below the average at these assizes, but that he had been informed that there was reason to doubt whether the decrease was really due to any actual diminution of crime in the county, or whether it was not in truth attributable to a deduction in the allowance made to prosecutors and witnesses, and the consequent disinclination to prosecute. He of course had no means of judging whether the suggestion was or was not well founded; but it was of a nature deeply to be deplored, and ought to be made known in the proper quarter as soon as possible.

class below the 107. renters are, with few excep- concessions- a position impossible with an arbi- arson and one of housebreaking, have occurred since

tions, without any political opinions; they care nothing for Radical or Conservative, as such;

their inclination is rather towards the Conser

vatives, because, as is ever the case, they do not like the class which stands just above them, and in which class lies the strength of the Liberal party. It is thought that the six-pounders will rather lean towards the Conservatives, if not purchased; but it is also thought that, inasmuch as they care nothing for politics or party, they will be very accessible to bribes, in which case the richest candidate will have their support. Generally we find among the managers of elections no apprehension that the six-pounders will combine and use their majority against the other classes for the return of democratic representatives of

their own class.

pro

We are stating now the substance of opinions given to us by election managers of both parties, and it is satisfactory to find that they who ought to be the best informed upon the subject take such a reassuring view of the results of the posed transference of political power from the middle classes to the working classes. But there are two considerations which should be weighed before a final judgment is formed. In the first place, may not the knowledge that they possess the power, tempt the working class majority to use it in some season of distress or excitement? And, secondly, what will be the operation of such a constituency upon the conduct of the representatives, even although these should be chosen from the same class as now ? Will they exhibit the honourable highmindedness of Mr. LASLETT, and refuse to obey the dictates of

trary choice of value.

Again, we find the experienced of all parties lamenting the non-introduction of some at least of the franchises proposed by Mr. DIsraeli, as make-weights against the extension downwards to the least intelligent and poorest class, proposed by the Bill of Lord J. RUSSELL. All agree that the lodger franchise of 20.; the professional and education franchise; the tax-paying franchise; and perhaps the savings-bank frauchise, ought to be added to any Bill which lowers the occupation franchise. If these franchises should be proposed in the House of Commons by their authors, they would probably be accepted. If not, the Lords might be invited to add them to

the Bill.

Such, so far as our inquiries in the best informed quarters have as yet extended, are the general results of the opinions expressed by solicitors experienced in elections, as to the probable working of the Reform Bill. Of course they must be received only as conjectures; but, even as such, they will have a great value in the discussions on a measure which, for good or for evil, is in fact a revolution.

PRACTICAL OPINIONS ON THE
REFORM BILL.
SOME answers to the queries suggested last week,
for the opinions of our readers experienced in
electioneering, have been already received.

The following is from the leading Whig agent
in a borough in a midland county:-

From a long experience as a (Whig) election

With reference to the learned judge's remarks, it has been stated on reliable authority, and the statement can easily be verified by a reference to the local newspapers and other sources, that no less than twenty alleged offences, including three charges of the last assizes in the Isle of Ely alone. Those who this not to any remissness on the part of the police, profess to be well informed on this matter attribute but to the disinclination felt by private individuals to incur the expenses they entail on themselves in prosecuting the offenders.

A commission was appointed, more than two years ago, to investigate this subject. It has long since made its report, and, as our readers are aware, that report leaves matters in a worse state than it found them. Probably it is for this reason that the Government does not act upon it. But then the Home-office ought to carry through Parliament, without delay, a better scale of its own devising. If the HOME SECRETARY has any doubt what that should be, let him invite halfa-dozen experienced solicitors to an interview with the UNDER SECRETARY at the Home-office, and in two hours they would frame a scale which would give satisfaction to the public, because it would be just alike to the State, and to prosecutors and witnesses, who ought not to be ruined by the performance of a public duty.

THE REVOLUTION. THIS journal, which has for years past withstood the revolution foot to foot, and against all comers, has a peculiar satisfaction in stating that any land Bill continues for this session to be where it was when last observed-in nubibus. Notice of motion for leave to bring in a Bill appears deferred from week to week in our Parliamentary memoranda, but the notice is not worth the line it occupies. When the law reform programme from the Throne announced a land transfer

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measure, there was, we believe, in the official pigeon-hole, some print or other on the CAIRNS model, which might, as before, have served an aspiring real property sciolist as a wing whereon to carry a stock, ship and share oration. But the ATTORNEY-GENERAL, whatever interpretation he puts on his own mission in one Young Men's Association or another, is no sciolist amongst the conscript fathers. He looked into the print and felt not at all inclined to risk upon it the reputation which he had won for efficiency by the Probate Court and Divorce Court Acts, and which he hopes to confirm by the Bankfrom the care bestowed, as we hear, to the last hour, by his own hand on the revisal and completion of the draft print of this Bill, and from his unwillingness, until it was perfected, to allow the perusal of a single copy to any but one, for a limited time only, to a noble and "illustrious" bankruptcy law reformer. Now, last session, upon the first reading of the Bills which projected a transfer of land by spring-gun board, broad-sheet, and three-year-lawsuit machinery, Sir RICHARD, whose ripe ear was bewildered by the sounds of applause transiently given to the flowering statesmanship of the young man from Belfast, rose and declared that it was just the wind which would have filled his own sail, had not a higher influence enviously kept his eager prow in port. Then why not set sail at once this session ? Why not introduce those belauded Bills? There the magnificent measures lay, as consummate in execution as they were masterly in conception, ready caulked and rigged, and the House agog. Would it be vainglorious in us to surmise, that the answer given in these columns to the late SOLICITOR's speech, and reprinted, and placed-as indeed was apparent on the face of the debate on the second reading of his Bills-in the hands of every member of the House by our exertions, has been quietly dipped into by the present ATTORNEY within the last few weeks, before giving battle to the country solicitors? Has that answer also opened his eyes to the radical impolicy and "engineering difficulties" of State-conveyancing, whether by an Anglo-Irish, a Chancery, or any other land court? For, as we informed our readers a week or two ago, when the CAIRNS raft broke up, the Chancery plank was seized for a moment to save the sinking credit of a Queen's land-transfer promise. Be that as it may, if any measure at all be introduced this year, it will only remain on the table to satisfy the honour of the sessional opening speech. Of that our readers may rest assured-at least, as far as present intentions go. Towards the fall of the parliamentary leaf, a self-complacent apology, grounded perhaps on the successful labours of a Bankruptcy measure, will appeal to no obdurate hearts. Yet, as prudent men, when they unstring their bow, lay it up in a corner ready to hand, so the country solicitors, if we relieve the present tension of their anxiety, will nevertheless remember that Crown Lawyers are not their chief metropolitan enemy. The revolution is thwarted, but the revolutionists lie by.

ruptcy and Insolvency Bill; if we may judge

THE VOLUNTEERS AND THEIR ENGAGEMENTS. LORDWENSLEYDALE has introduced a Bill, now in the Commons, which recites a doubt whether the provision in the rules of benefit societies, that any member who enters the QUEEN's service by sea or land shall be excluded, applies to members who enrol themselves in yeomanry and volunteer corps, and the expediency of putting an end to the doubt, and enacts that no man, by reason of such enrolment, shall lose or forfeit, or be deemed to have lost or forfeited, any interest he may possess or may have possessed at the time of enrolment in any such society, "any laws, rules, or regulations of such society to the contrary notwithstanding." The Bill is approved by the LORD CHANCELLOR. It is to be presumed that, as rifle and other volunteers are not enrolled exclusively from the class to which the members of benefit societies belong, this measure is the first of a series which will relieve volunteers from any "doubt" respecting forfeiture of life assurance policies, the terms of the policy notwithstanding; and will, in case of partnership deeds, anything therein notwithstanding, remove any doubt whether enrolment is contrary to a covenant by the junior partner to give his whole time and attention to the business, and not to engage in any other occupation. Such a system of legislation may be patriotic-unless, indeed, justice is the highest patriotism-but is

itself open to the "doubt" whether it does not cure by killing the contract. The rules and regulations of a benefit society are the terms of a contract under which men subscribe money to meet certain casualties, and it is quite immaterial to the rights of the parties whether the contract be in that shape, or in the shape of an ordinary deed of covenant. The payments are settled on an estimate of the liability to the casualties and the gravity of them. Every member paying his money has the benefit of this provision against such casualties in his own case, and contributes to this provision, and no

shall not be situate within any town or place containing a population exceeding 10,000, according to the last parliamentary census.

8. Every person who shall keep a refreshment house without a proper licence shall forfeit the sum of 201

12. Notice of first application for a wine licence for a refreshment house to be given to justices, who may object to the granting thereof, on grounds that the house for which such licence is required is not a confectioner's shop, or an eating-house, within the meaning of this Act, or that it is a disorderly house, or a house frequented by disorderly persons.

more, against the like casualties to his brother by retail before the hour of four o'clock in the morning

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members. "But," said they, "we stipulate that these casualties are not to include the risks of the QUEEN's service by land or sea" On that footing all was settled, and the payments have been made for years. One of the members volunteers as a rifleman. Is this contrary to the contract or not? The society says "aye; the member says "no." Then let them go before the judge to settle the doubt. No, says Parliament; let them go about their business: Parliament shall be the judge, and Parliament decides that it is not contrary to the contract, "any laws, rules, or regulations of such society notwithstanding." We do not mean that, in fact, the volunteer riflemen are likely to be exposed to any extraordinary casualties, either from hostile steel or saltpetre, or from military hardships, at least so long as there are halls and sawdust available. Nor do we run into the other extreme with Sir ROBERT PEEL'S "stout friend," who thought it "capital fun" with "our afternoon parades and our patriotic luncheons," and the girls liking it. So far as concerns this point of legislation which we are touching, it is enough to say of the motive and destiny of the volunteers-stet pro ratione voluntas. The principle of Lord WENSLEYDALE's Bill is the same, whatever may be the degree of relief afforded to the volunteer or of damage inflicted on the benefit society. If there is no such damage possible within the contract, there is no occasion for legislative interference. Should such damage be possible, then, if the volunteer, forfeiting his contract under an irresistible impulse of patriotism, is to be indemnified by the State, let the State pay to the benefit society the money's worth of the indemnity. Or, assuming that the State has no right to interfere with past contracts at all, let the contract abide the law, and any indemnity be made to the volunteer

himself.

NEW BILLS IN PARLIAMENT. REFRESHMENT HOUSES AND

LICENCES BILL.

WINE

The Bill on this subject is brought in by the Chancellor of the Exchequer. We give a summary of the most important clauses. The following are the sums to be paid for licences:

For every licence to keep a refreshment house:If the house and premises in respect of £ s. d. which such licence shall be granted shall be under the rent and value of 2001. ayear 0 10 6 And if the same shall be of the rent or value of 201. a-year or upwards 1 1 0 And for every licence to be granted as hereinafter mentioned to any licensed keeper of a refreshment house to sell therein by retail foreign wine to be consumed in such house or on the premises belonging thereto :

550

If such house and premises shall be under the rent and value of 501. a-year 3 30 And if the same shall be of the rent or value of 50%. a-year or upwards And for every licence to be taken out by any person for the selling by retail in any shop of foreign wine not to be consumed in the house or shop or on the premises where sold

3 3

13. Justices may object to the renewal of a wine licence if they shall see just cause of objection. 24. No person licensed under this Act to sell wine nor after eleven o'clock at night of any day in the week, nor at any time during which the houses of licensed victuallers now are, or hereafter shall be, required by law to be closed on any Sunday.

25. Houses licensed for the sale of wine to be closed by order of justices in cases of riot.

THE LEGISLATOR.

Emperial Parliament.

HOUSE OF LORDS.

THE DIVORCE COURT.

Lord LYNDHURST asked the noble and learned lord on the woolsack if he would lay on the table the mereference to the procedure of the Court of Divorce. He morial he had received from the Lord Chief Justice in also called attention to the delays to which suitors in that court were subjected before the decisions in their cases were given, delays by which the parties must be kept in a state of great suffering. He said:-The evil does not arise from any incapacity in the learned judge who presides in the court; it arises entirely out of the clause of the Act of Parliament by which he is precluded from giving any decision without the concurrence of two common law judges. These judges are fully occupied with the business of their own courts, Court of Divorce. Unless this clause of the Act of and can give only a small portion of their time to the Parliament is repealed the evil must continue. According to the opinion I entertain of the learned judge of that court, I think the best course would be to repeal the clause of the Act. That learned judge is fully competent to decide in a satisfactory manner every case that comes before him. In the Ecclesiastical Court the gravest questions connected with the law of marriage were decided by a single judge. In the civil and criminal courts questions of the greatest importance, single judges. In my opinion, the simplest mode of even cases involving lite and death, are decided by correcting the evils of delay will be to repeal the clause of the Act of Parliament by which the court is constituted. The LORD CHANCELLOR.-I have no hesitation in saying, that I shall feel great pleasure in laying before your Lordships the memorial of the Lord Chief Justice. At present it has rather the aspect of a friendly communication to myself; but, as a wish has been expressed by the noble and learned lord that it should be laid on the table, I think it will be very expedient to do so. The Act of Parliament referred to is founded on a report made by the common law judges, and, in fact, drawn up by one of them; and their opinion, I think, is entitled to deep respect. As to the other point, the delays of the Divorce Court, I deeply regret them; I have done my best to provide a remedy for them. I should not propose to increase the number of the judges, for that would be a great evil; but I have already expressed to your Lordships a desire to adopt the expedient the noble and learned lord has proposed-to allow a single judge to preside in the Divorce Court, and pronounce its decisions. I pledge myself to lay on the table a Bill for this purpose.

HOUSE OF COMMONS.
CIVIL BUSINESS ON CIRCUIT.

Mr. E. JAMES gave notice that he would, on an early day after Easter, call the attention of the Home Secretary to the state of the business on the Home Circuit with respect to the trial of civil causes, in order to ascertain whether such causes could not be tried in Middlesex or in London with greater ecoonomy, convenience and dispatch, and whether by such ransfer of civil causes from the circuit one of her Majesty's judges might not be enabled to render is assistance to the Probate and Divorce Court, and other judicial business, after disposing of the business

1. Every person keeping a shop entitled to take out licence to retail wine not to be consumed therein. 2. Every sale of foreign wine in any less quantity quart bottles, at one time, shall be deemed to be a than two gallons, or in less than one dozen reputed selling by retail.

3. Drinking wine in a neighbouring house, shed, &c., with intent to evade the provisions of the Act, to be deemed drinking on the premises.

4. Every person who shall keep any house for the purpose of selling any refreshment to be consumed on the premises shall respectively be deemed to keep a refreshment house, and shall take out a licence under this Act.

7. No licence shall be required under this Act to authorise any person to keep a refreshment house which, with the premises thereto belonging, shall be under the rent or value of 101. a-year, if the same

from the circuit.

TENURE OF LAND (IRELAND). Colonel FRENCH asked the Chief Secretary for Ireland on what day the Government intended to bring in their Bills on this subject.-Mr. CARDWELL intended to introduce the Bills so that they should be in the hands of Irish members before Easter; but he would have to give way that night in favour of the Reform Bill. Another Bill which he also wished to bring in, that it might be circulated during the Easter recess, was a measure for the amendment of the law relating to medical charities. He trusted that he should be permitted to introduce these Bills applicable to Ireland on Tuesday morning, in order that

their second reading might be proceeded with after that if the alleged misrepresentation had been proved, Easter.

REGISTRY OF THE COURT OF PROBATE.

Mr. E. JAMES asked the Attorney-General whether executors and other persons interested in obtaining grants of probate and administration could at present obtain them in the principal registry of the Court of Probate by personal application, as they were able to do in the several district registries; and, if not, what impediment existed to their ability to make such personal application without the intervention of professional assistance.The ATTORNEYGENERAL said, when he had the honour of passing through the House the Testamentary Jurisdiction Bill, he stated again and again that it would be competent for any person to go to the registry of the Court of Probate, and apply for probate or letters of administration, without the necessity of employing any professional person. one of the chief recommendations of the Bill. That was, in fact, He was sorry to say that, by one of the rules made under the Act, in the principal registry, for the present, applications must be made through a proctor, solicitor or attorney; and the reason why, in the London district, parties were compelled to employ some professional person in applying for pro- | bate or letters of administration he found, on inquiry, was, that the wretched provision made for the court and staff necessary for the conduct of the greatly increased business was such that it had been utterly impossible to afford the requisite accommodation for the public, and this accordingly had been the subject of repeated complaint on the part of the principal registrar. He found by a letter dated Jan. 8, 1860, addressed to the office of the Commissioners of Public Works, that the rule in question had arisen only in consequence of its being utterly impossible to give accommodation to the public. That accommodation, however, was promised, if found requisite, in the immediate neighbourhood of the registry, and he trusted it would be provided in a short time.

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. LAW OF EVIDENCE.-The question was, whether B. was part of the parish of C. To prove this there was produced an agreement between the owner of B. and the then rector and parishioners of C., by which all the poor from B. which should become chargeable to C., notwithstanding that the said estate B. doth happen to lie in the said parish C., should be in no way chargeable to the rest of the inhabitants of the said parish of C., but that the said estate B should maintain the same poor, and the said estate was to be freed from the poor-rate. This agreement was found in 1858, among the title-deeds of another large estate belonging to a different person in the parish of C. It was held to be admissible in evidence as coming from the proper custody: (Mytton (appellant) v. Overseers of Thornbury (respondents) 36 L. T. Rep. 12.)

PROBATE COURT PRACTICE.Where a corporation aggregate has been appointed executor of a will, the court will grant letters of administration, with the will annexed, to a syndic duly appointed by the corporation to take the grant: (Re Darke, 36 L. T. Rep. 24.)

An administrator pendente lite was appointed on his giving security to the amount of one year's income of the property, his administration to be under the direction of the court, and the Court directed that he should not discharge claims upon the estate, until they had passed before the registrar: (Charlton v. Hindmarsh, 36 L. T. Rep. 24.)

Where the County Court has jurisdiction, although all parties apply to have the cause tried at the assizes, the court may still, in its discretion, direct it to be tried in the County Court: (Dunn v. Dunn, 36 L. T. Rep. 24.)

The Court will grant letters of administration to a cestui que trust of a trust-fund, limited to that fund, when the trustee in whose name it stands is dead, and without personal representatives. The proper course is to cite the parties entitled to represent the deceased trustee, before making the application. Where several parties are interested in the fund, the grant will be limited to the interest of the cestui que trust making the application, unless the other cestuis que trust assent to the grant extending to their respective interests: (Pegg v. Chamberlain, 36 L. T. Rep. 25.)

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the plaintiff would have had a decree. The V.C. Stuart, on dismissing the bill, and the Lords Justices, on dismissing plaintiff's appeal, distinctly told him that he had wholly failed to make out a case for a decree. An intimate acquaintance with the proceedings, assisted by the notes of the judgments, enables me to speak thus confidently. SUBSCRIBER. March 22.

THE COMMON PLEAS REGISTRY.-I was pleased to peruse a letter in the LAW TIMES of the 3rd March instant, by George Serrell, calling the attention of the Profession to an improvement in the books at the Common Pleas Registry-office, which by a lexicographical system of indexing renders a search comparatively safe and easy. Having been in Londen during the compilation of this huge dictionary of and discussing with the chief clerk the progress of names, and had opportunities of frequently observing the herculeian task undertaken by him, I feel it a duty no less than a pleasure to invite the co-operation of the Profession to the attainment of the object suggested by your correspondent, namely, the presentation of a testimonial to Mr. Pask, whom I have reason to know devoted his days, early and late, for a great length of time, for the attainment of his clever scheme for facilitating searches. When it is borne in mind that the task was self-imposed, that the time consumed was that which is usually devoted by others to recreation, and was attended with no advantage to the worker, I think that it would be both a mark of justice and of grace to make Mr. Pask a fitting acknowledgment for his labours. Such a step might also operate as an example to other gentlemen in public offices to shake off that dull sense of mere routine, by emulating the efforts of Mr. Pask. His example was partially followed at the Middlesex Registry Office; but I regret to say the object was gain, as well as facility of search, for an additional fee was imposed for a peep into the dictionary there compiled. I may add, that Mr. Pask has further aided the Profession by the publication of a cheap and practical work containing all the forms adopted at the Common Pleas Registry-office, the purchase and perusal of which I strongly recommend.

JOHN EBSWORTH, Solicitor, Walsall.

OUR INVADERS.-It would seem, from the 22nd

section of the new Attorneys and Solicitors, &c. Bill of Lord Chelmsford, printed in page 4 of your last week's LAW TIMES, that but very little protection is intended to be given to us thereby, and, small as that is, the same is not to be enforced except with the sanction of the Attorney-General and the law society. Now why such a clog should be put upon us I cannot conceive, as the court and jury would at all times take care to have the case made out against the the 501. penalty. The more simple and effectual offender before a verdict was given against him for mode, it strikes me, would be for the Profession to get a clause inserted something to the following effect:"Any person who shall falsely pretend to be, or take or use the name or title of, or in any way act either as an attorney, solicitor, proctor, or conveyancer, without being duly qualified, shall, upon a summary conviction for any such offence by any two justices of the peace, forfeit and pay a sum of 50%, to be applied in default of payment, be imprisoned for any term as fines for practising without a certificate are, and not exceeding three calendar months." This would down our invaders. give us a summary and inexpensive way of putting

E. E. FEAR.

Sherborne Abbey, 21st March 1860. -The LAW TIMES has hitherto shown itself alive to the interests of the provincial solicitors in many points of view, and its columns have frequently contained evidence that the most crying evil to the Profession is the abstraction of a great amount of its legitimate business by unqualified persons. The extent to which this is carried in provincial towns is incalculable. Conveyances and mortgages are now prepared without number by people calling themselves agents, accountants, law stationers, law writers and what not, and whose only knowledge of in attorney's offices, from which they have often legal documents has been picked up as hack clerks been discarded; and the evil is spreading rapidly for want of proper check. Yet here is an Attorneys and Solicitor's Bill passing through Parliament for the express purpose of regulating the admission of properly qualified persons to the profession, and to secure the continuance of their certificates, and, as far as I can learn, not a finger or a voice raised to cure the evil referred to, viz., that of unqualified persons practising without service cles, without admission and without certificate! That the Incorporated Law Institution should have ignored the subject is not surprising, as London solicitors are not much affected. That the

under arti

Metropolitan and Provincial Law Association should have stood idle is perfectly inexcusable. And this I know, that if the Bill referred to passes without the insertion of an efficient clause meeting this evil, both

and there to attempt to act with effect in such a matter. Were the officers of Government (particularly those of the Inland Revenue department) properly informed in the matter, surely they would take it It is not only the loss the revenue sustains in duty on articles, admissions and certificates that is to be looked at, but also the circumstance that these u qualified persons largely use unstamped documents, and, in their ignorance, frequently use stamps of insufficient value. Even the Chancellor of the Exchequer might be moved by a representation of this sort, however little he may respect the interests of the Profession, or care for keeping up its respectability. March 21, 1860. M. H. R.

Queries on Points of Practice,

STATUTE OF LIMITATIONS-Permit me through the median

of a debt due for goods sold and delivered, and (as it cos of your valuable paper to ask the following question, viz – A writ of summons having been issued to recover the am an

not be served upon the defendant by reason of his evading service thereof) kept in force by renewal from time to time. until recently, when it was allowed to lapse, does the Statute of Limitations run from the expiry of the writ, or from t date of the cause of action? In other words, does the time during which the writ of summons was kept in force cou: as part of the six years or not?

Answers to Queries.

S. B

PRACTICE-I do not think that "J. S. W.'s" answer to "C.'s" inquiry, in your paper of the 3rd March, is at al satisfactory. I have had many cases of the kind menti e by "C.," and the universal practice has been for the s citor for the grantee in fee-farm to prepare the conveyance and counterpart, and for the grantee to pay all the expenses as in the case of a lease for years. The deeds, of course, are

retained by the grantor, as showing his title to the ret charge.

MAIDSTONE ASSIZES.
WATSON v. BEARD.

W. M. W.

The following letter has appeared in the Times :Sir, The report of this case, contained in the Times of to-day, is calculated to prejudice and injure me very greatly among my clients and connections. That report states that the cause was undefended, although, in fact, Mr. Serjeant Petersdorff and Mr. Malcolm held briefs for the defendant, whose witnesses were all in attendance. At the opening of the davits, that previous to the cause being tried the court Mr. Serjeant Petersdorff moved, on special affiplaintiff should comply with an order made in the cause by the Hon. Mr. Baron Martin, to mark the exact spots of the alleged trespasses on a certain plat specified in the order. The result of this motion was that, after counsel on both sides had been heard, the judge ordered the case to proceed. Our plans bad been settled in a long and earnest consultation held the night previous, and it formed a portion of our cation was unsuccessful. programme not to appear to the action if our appli We have our own grounds for the course adopted, and on the cause being called on my counsel simply said, "We decline to appear, my Lord." The case proceeded, my counsel and wit nesses remaining mute, and suffering the plaintiff to obtain a verdict of 1s. without opposition; bat nothing of this is stated in your report. I nee hardly say that the matter will not end here, but wil form the subject of discussion in Easter Term in the

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SHERIFFS' COURT. Thursday, March 22. LEVISON T. MOORE.

A solicitor's bill may be pleaded as set-off. This was an action to recover 21. 9s. 9d., money alleged to have been received by defendant (a sullcitor) to plaintiff's use.

The point involved is one of considerable imporconducted a suit on behalf of plaintiff against a third tance to the legal profession. The defendant had party, and had paid over every and all money's refor. Defendant had pleaded his bill of 31. 3s. as a ceived except 21. 9s. 9d. This sum plaintiff now sued

set-off.

It was contended by the defendant's attorney that, although defendant had not delivered his bill prior to the action one month, yet by the 6 & 7 Vict. it could

be pleaded as set-off.

His HONOUR remarked upon the fact that, in the case of an original summons by a solicitor against a action-here it could be pleaded as set-off. He (bis the case till 20th April, in order that plaintiff might

societies will have well earned the scorn and contempt of the Profession. In these circumstances the country solicitors must rely on the LAW TIMES to urge the point, as it is useless for an individual here

tax.

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