in the select committee.Lord KINGSDOWN said, whether the measure was right or wrong, it was one of the most important that had ever been introduced into their Lordships' House, as it sought entirely to subvert the system of law which had been so long in force throughout this country. He proceeded to consider whether the proposed alterations were necessary, and, arguing from the analogy of other professions, contended it was not to be regretted that the law should, like them, be also divided into distinct branches. Although he hoped that the Bill in its present state would not go down to the other House, he thought that what was called the fusion of law and equity might be brought about by other means. He deprecated the increasing desire of tampering with the laws and institutions of the country, as he considered that under those laws and institutions the people of this country had attained a higher degree of happiness than those of any other.Lord WENSLEYDALE said that, although he did not concur entirely with the Bill, he should not oppose the second reading.Lord CHELMSFORD entirely agreed with the opposition with which the Bill had been encountered. He thought it would be better to reject the Bill altogether, in order to give the framer of it the opportunity of bringing forward a new measure, embodying only the clauses of the present Bill to which no objection had been made. After a few remarks from the LORD CHANCELLOR in reply, the Bill was read a second time.

might have been merely temporary: (Saunders v.
The London and North-Western Railway Company,
2 L. T. Rep. N.S. 153.)

Correspondence.

NEW STAMP ACT.-I think the stamp distributor's opinion, quoted by "H." (an old Subscriber) is correct. The first clause of the 23 Vict. c. 15, enacts that "the stamp duties now payable in respect of the several instruments mentioned or described in the schedule to this Act annexed, whereon other duties are by this Act granted, shall respectively cease and determine, and shall be and the same are hereby repealed." In the schedule to the Act all agreements, not otherwise charged, where the matter thereof shall be of the value of 51. or upwards, are charged with a duty of 6d. The words "not otherwise charged" in the schedule, mean not otherwise charged by this Act. The words quoted cannot override the general repeal in sect. 1 of all other duties on instruments mentioned in the schedule.

had been applied to, to prevail on his on the ground of public duty, to divulge te communicated, but that he declined, alleging i communication was confidential. From from the defendant on his examination on the le trial, and from subsequent circumstances, I va suspect that Mr. Gale, a brother-in-law of M ton, was the friend alluded to by Mr. Han accordingly I had an interview with Mr. Cheltenham, when he admitted that he had a letter from Mr. Hamilton in reference previous application to him. Mr. Gale then a me that he could afford the plaintiff no assis he considered the communication made by fendant to be of a confidential character subpoenaed Mr. Gale as a witness at Norwa the trial he did not avail himself of the privilege, but stated, to my surprise, that be defendant had told him of the will soon after made, but that he did not recollect that bet any communication to Mr. Hamilton of passed between him and the defendant. I mig gise for asking you thus to afford me an op, JOINT-STOCK NEWSPAPERS.-I was highly amused of correcting the impression that I had sutja this morning by reading in the Star an account of a adverse witness as a valuable witness," squabble in a "Limited" Newspaper office at South-ance of the evidence which he could adduce. ampton, an extract from which I append. It proved the truth of an objection made, either in your pages or in the Times, I forget which, to newspapers being conducted by joint-stock companies, that the secrecy which is essential to a newspaper-office could not be preserved where every director would not only have a right to inspect its correspondence and control its conduct, but would be bound to do so for the protecLord PROBY, the Controller of the Royal House- tion of his constituents, and that the knowledge of hold, brought up a reply from her Majesty to the this would deter prudent persons from corresponding address of the House of Commons, praying for a with it. It is for this reason, I suppose, that every revision of the Royal Proclamation for the Encourage- attempt to establish a newspaper by a company has ment of Piety and Virtue, passed at the commence- proved a failure, and that only three are in existence CASTLE (W. H.), late of Crimscost-street, Bermondsey, s ment of every reign, stating that her Majesty had now. The following "scene" will illustrate the obgiven instructions that the proclamation should bejection to joint-stock newspapers :carefully considered with a view to its revision.

HOUSE OF COMMONS.

THE ROYAL PROCLAMATION.—PIETY AND

VIRTUE.

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. AMENDMENT OF RECORD-MISJOINDER.-The C.L.P.A. 1852, s. 37, enacts that in any action of contract where there has been a misjoinder of defendants, it may be amended at the trial, "in like manner as the misjoinder of plaintiffs has been herein before directed to be amended; and sect. 35 enacts that nonjoinder of plaintiffs may be amended, "if it shall appear to such court that such misjoinder or nonjoinder was not for the purpose of obtaining an undue advantage, and that injustice will not be done by such amendment." It was held, in Holden v. Ballantine, 2 L. T. Rep. N.S. 149, that the amendment is entirely at the discretion of the judge at Nisi Prius, and that the court has no power to order it where the judge has refused it.

DISTRESS.-A threat to distrain and sell is not actionable; and a sale after action brought is not evidence to show the intent of the threat: (Beck v. Denbigh 2 L. T. Rep. N.S. 154.)

B. and C., as agents for the landlord, signed a warrant authorising D. to distrain. After it was signed, the tenant tendered the rent without expenses to C. and D., who refused to receive it. A second tender to D. was also refused. After distress made, a tender of rent and expenses was made to the man in possession, who was not named in the warrant, and refused. The tender of the rent without the expenses before the distress was held to be a good tender, and the distress to be unlawful, and that B. and C. were responsible for it: (Bennett v. Bayes, 2 L. T. Rep. N.S. 156.)

EVIDENCE. In an action for rent on a demise, the deed creating the demise was held to be admissible in evidence, although cancelled by consent of the parties after the rent accrued: (Lord Ward v. Lumley, 2 L. T. Rep. N.S. 158.)

COзTS.-A case was referred (with power to state a case) by an order which stated that the costs of the reference, award and special case were to be "costs in the cause, and to abide the event thereof." Certain issues were found for the plaintiff, but the court of error arrested judgment on the ground that the declaration was bad. The master was held to have rightly allowed plaintiff his costs of the reference and

R. W. H.

Cross-summonses

There was division in the camp of the Southampton Times,
not on the "staff," for to a man-and there were three of
them-they stood by their chief. The directors were at
issue, some of them supporting the course pursued by the
editor, others demanding to revise the proofs which were to
form the columns of the Times on Saturday morning. Seve-
ral of the proprietors and directors met, and requested to be
allowed to see the paper before publishing; this the editor
retused, and all parties adjourned to the York Hotel, oppo-
site. There a pretty scene ensued, all quarrelling together,
some with coats off wanting to fight-some were determined
to stop the paper-others insisted upon its being published,
others got possession and barricaded up the front of the
office, whilst the opposing party appeared determined to
destroy the front and force an entrance.
for assaults on one another were applied for, but the magis-
strates dismissed them without action. The town was
in a state of great excitement, crowds of people
having collected in front of the Times office-fights
occurred-the notice "Protect us," &c., which appeared
in the Star of Monday, was placarded outside the office, and
the paper continued to be published. A third edition was
issued, and eager buyers carried off the sheets from some
well-guarded outlet at the back of the premises. The
"staff" issued a manifesto, calling on the public to support
them, which was signed by "Pat Barry, editor; G. K.
Lucas, reporter; M.A. Burke, reporter; and E. Allen,
printer." "The public," however, went home to their
suppers and to gossip over the events of the day. Meantime
the directors to induce a cessation of hostilities; the editor
it would seem that sufficient harmony was restored among
and "staff" capitulated, but on no easy terms; for, alas for
human greatness, even when represented by the noblest
principles and most disinterested motives, the whole affair
dwindled down to the small matter-of-fact, but to them, alas! I
fear, most inconvenient result, that they were then and there
dismissed from their positions, and the office of the South-
ampton Times knows them no more. I may add that these
pealing to the public," and that there is a promise of more
injured representatives of the Fourth Estate are again "ap-
excitement and amusement yet for all the idle folks in the
good town of Southampton.

WRIGHT v. WILKIN.-With reference to the para-
graph in your journal of Saturday last, headed "A
Valuable Witness," will you permit me to add a few
words in explanation? It is there stated that, in reply
to a question whether Mr. Gale, solicitor of Cheltenham,
had made any communication to Mr. Hamilton, his
town agent, with reference to the will, the validity of
which was disputed, Mr. Gale said he believed he had
not, and that Mr. Hamilton did not recollect any-
thing being said on the subject, and that Mr. Ser-
jeant Parry then, amid much laughter, observed that
he supposed the witness could not afford any infor-
mation on the matter-to which he replied, "I told
them I could not tell them anything about it when
they subpoenaed me to Norwich." Now the facts are
these:-I had been informed that Mr. Hamilton had
in conversation stated that he had anxiously watched
the progress of the case of Wright v. Wilkin, and that
he had been informed by a friend in the country that,
in a conversation between that friend and the defen-
dant, the latter had made important admissions.

JAMES LAY Articled Clerk to Mr. G. E. AN Plaintiff's Attorney

44, Poultry, April 23, 1860.

CREDITORS UNDER ESTATES IN CHANCEL
BABB (George), late of 68, Cambridge-street, Eccleston-symm

Middlesex, died March 1859. Creditors to come in by sak
Master of the Rolls. Solicitor, M. Shephard, 9, Size-la
Creditors to come in by 21st May, at Master of the Rola i
H. P. Bird, 58, Lincoln's-inn-fields.
BAUGH (Edward), late of Eastbourne, Sussex, died 60
Creditors to come in by 25th May, at Master of the Rak
Oct. 185. Creditors to come in by 23rd May, at Katr
Solicitor, H. W. Bull, 25, Ely-place, Holborn.
COLDING (Edward), late of Brimpton, Berks, died Nov D
tors to come in by 7th May, at Wood's, V.C. Selcius,
Pollock, 63, Lincoln's-inn-fields.

BAKER (Caroline), late of Tokenhouse-yard. London, dist

DARKE (Elizabeth), late of Exeter, died Aug. 1853. Cred
in by 28th May, at Master of the Rolls. Solicitor, J.
Girdlers'-hall, 39, Basinghall-street.

DAWSON (Thomas), late of Beckingham, Nottingham, dieje
Creditors to come in by 25th May, at Master of the Rolls
DAY (William), late of Mayfield, Sussex, died Sept. 1849.
come in by 26th May, at Master of the Rolls. Solidor, 1
Gracechurch-street.

DINGLE (G. P.), late of East Dereham, Norfolk, die
Creditors to come in by 30th April, at Master of the Ha
Coverdale, Lee and Collyer, 4, Bedford row.
FOWLER (Samuel), late of Liverpool, died Dec. 182. Celke
in by 26th May, at Master of the Roils. Solicitats, J. Cla
Essex-street, Strand, agents for E. Ward, of PreseOL, LES
GAUGE (George), late of Lower Belgrave-place, Pin
died Aug. 1853. Creditors to come in by zzad May, at a
Kolls. Solicitors, Wire and Child, 1, Turawbedane,

street.

GUEST (William), late of Barton-street, Gloucester, -d Br
Creditors to come in by 26th May, at Master of the Rak

A. Watson, 18, Cannon-street.
HEGINBOTHAM (Joseph), late of Staleybridge, Lancaster,
1954. Creditors and incumbrancers to come in by th
Master of the Rolls. Solicitors, Dangerfield and Frast,
street, Charing-cross; agents for W. Smith, Stockport,
HOPPE (J. H.) late of 2, Sparrow-corner, Minories, La
June 1851. Creditors to come in by 3rd May, stari
Solicitor, J. R. Dodd, jun., 26, New Broad-street.
JEWELL (Gideon), late of Langtree, Devon, died Feb. 198
to come in by 2nd May, at Stuart's, V.C. Solicitan,
Langdon,

MASOS (James), late of Charterhouse-square, London,
Stamford-street, Blackfriars, Surrey, died 25th May 1
to come in by 28th May, at Stuart's, V.C. Sol. A.JE
Chancery-lane.
MITCHELL (John), late of Berkeley-square, Westminster,
1858. Creditors to come in by 21st May, at Wood's, V.C
NORTON (William), late of Pudsey, Town-end, Bramley,
Oct. 1850. Creditors and incumbrancers to come in by

Wood's, V.C. Solicitor, C. J. Hampton, 6, New Boswell-out
coln's-inn, agent for Snowdon and Emmet, Leeds

PHELPS (Isaac), late of South Brent, Somerset, died May 1998
iors and incumbrancers to come in by 26th May.
Rolls. Solicitor, R. J. Butt, 97, Great Russell-street, Bloo
PIKE (Jabez), late of Cross-street, St. Mary, Newington, S

June 185. Creditors to come in by 9th May, at Wood tor, B. J. Barth, 8, King's-bench-walk, Temple. WARDER (William), late of Tischborne-street, Edgware-read sex, died Oct. 1837.

Creditors to come in by 21st May, a V.C. Solicitor, Hill and Matthews, St. Mary-axe WARREN (Thomas), late of Cross-street, Newingtondied 14th Nov. 1859. Creditors to come in by 21st May, at the Rolls. Solicitors, Lewis and Watson, 25, Clemont'sWHIELDON (George), late of Springfield, Warwickshire,

bard-street.

1858. Creditors to come in by 23rd May, at Master of Solicitors, Senior and Attree, 2, New-inn, Strand, agents and Raper, Chichester.

WILLIS (E. C.), late of the Manor-house, Poplar, Middlesex, d 1849. Creditors to come in by 18th May, at Master of th

Solicitor, R. H. Girand, 7, Furnival's-inn.

WINDER (Marshall), late of Liverpool, died Jan. 1958 Onl come in by 21st May, at Master of the Rolls. Solchons

Skirrow and Rowcliffe, 1, Bedford-row, agents for J. Ma

Whitehaven.

HEIRS AT LAW AND NEXT OF KIN CASTLE (W. H.), late of Crimscott-street,; Bermondsey, Fung Oct. 1858. Next of kin to come in by 23rd May, at K

V.C. Solicitor, H. W. Bull, 25. Ely-place, Holborn

DARKE (Elizabeth), late of Exeter, died Aug. 1899. Next d
come in by 28th May, at Master of the kolls. Solicitors G
brick, Girdlers'-hall, 39, Basinghall-street

HEGINBOTHAM (Joseph), late of Staleybridge, Lancaster, d
1854. Next of kin to come in by 25th May, at Master of the
Solicitors, Dangerfield and Fraser, 26, Craven-street, Charting
WILMORE (Edward), late of the Ship public-house, Le
street, Blackfriars, London, died Aug. 1858. Next of
in by 3rd May, at Master of the Rolls. Solicitor, G. W.C

agents for W. Smith, Stockport.

27, New Broad-street.

award, and a certain portion of those of the On this suggestion 1 called on Mr. Hamilton, UNCLAIMED STOCK AND DIVIDENDS IN THE BA

special case: (Whaley v. Laing, 2 L. T. Rep. N.S. 158.)

COMPENSATION FOR INJURY.-The court refused to disturb the verdict of a jury in an action for damages by a railway accident, where tiff had not acted upon the advice of his in, and thereby had probably rennent an ailment which otherwise

at his office in Great James-street, Bedford-row, when
he confirmed the statement of my informant, but de-
clined to furnish me with the name of his friend.
without his friend's previous sanction; and Mr.
Hamilton promised to write to his friend. About two
days afterwards I again saw Mr. Hamilton, when
he read in part a letter from his friend, to the effect
that he declined to give the information sought.
I subsequently ascertained that Mr. Hamilton

sooner appear.]

OF ENGLAND.

Transferred to the Commissioners for the Reduction of the Debt, and which will be paid to the persons respectivar wh names are prefixed to each, in three months, unless other clas HARDY (R. A.), of Sidcup, Kent, deceased. 30281 8 9 divid arrear on 1181. 38. 6d. per annum, Consolidated Long Aams MEAD (Rev. T. W.), of Studham-lodge, near Dunstable, and G (Henry), of Stourton-villa, Leamington. 321, 6, 5d New D

Claimant, L. 5. M. Annesley.

Cent. Annuities. Claimant, Henry Goode.

PENVYRE (F. B. S.) and WEBB (Rev. John), of Hereford, BRALE of Bath, LEAF (William, jun), of Herne-hill, Surrey, and T

(Henry), of Lincoln's-inn-fields. 666. 13s. 4d. Consolidated Three per Cent. Annuities. Claimants, F. B. S. Penvyre, Rev. John Webb, and Willam Leaf. WOOD (William), of Mount-street, Walworth, deceased. Two dividends on 92 101. Consolidated Three per Cent. Annuities. Claimant, T. J. Parker.

BRIBERY AND TREATING.-The total number of members of Parliament unseated for bribery and treating from the Parliament beginning 1847-48, to the Parliament beginning 1857, was 57; of whom 11 were unseated for treating, 21 for bribery, and 25 for bribery and treating combined. These cases of bribery and treating all occurred in boroughs. No members for counties were unseated for the above offences during the period.

Andrew Amos, Esq., late member of the Supreme Council of India, and Downing Professor of the Laws of England in the University of Cambridge, died at Downing College on the 18th inst. The salary of the Professorship is 2004, with an excellent residence in the College, and other advantages. The Archbishops of Canterbury and York, and the Masters of St. John's, Clare, and the Downing Colleges, are the electors. Deceased succeeded Professor Starkie in

1849.

THE IRISH BAR IN AUSTRALIA.-The Dublin Evening Packet quotes from a return obtained by Sir E. Grogan, in order to show that Irish barristers have contrived to get "the best things going" in Australia in the way of public employment. Here is the catalogue of the fortunate Hibernians:-The Chief Justice of Victoria, Sir William Foster Stawell, is a member of the Irish bar; salary 3000l. per annum. Mr. Redmond Barry and Mr. Robert Molesworth, poisne judges (salary 25004) are both Irishmen; Mr. Richard Davies Ireland, the Solicitor-General (salary 15004); Mr. Wrixon, judge of the County Court (salary 15007); Mr. Michael Francis Macaboy, chairman of general sessions (salary 1500.); Mr. James Langton Clarke, ditto; Mr. John Foster, Mr. M Creight, and Mr. John Atkins, Crown Prosecutors at General Sessions (salary 6001.), are all Irishmen and members of the Queen's Inns, Dublin. The Irish element is more in the ascendant in Victoria

an

it certainly would be very desirable if magistrates had the power to issue a warrant to search without incorporating in it a clause to apprehend. The practice of combining the two, rests alone upon usage, and we really see no reason why this usage, as it sometimes leads to injustice, may not be disregarded. We can see no real necessity for the clause of apprehension where the facts of the case do not point to personal criminality, and we cannot but suggest that in cases like the foregoing, where there is no reason to believe that the possessor of the goods has come by them dishonestly, the justice, when he issues his search-warrant, should not include in it any direction for apprehension.

Answers to Queries.

FEES.-There is not, in my opinion, a question but that a clerk to justices of a properly constituted petty sessional division can recover from the person making application for any business done, for which a fee is chargeable in the scale, whether or no it states by whom to be paid (see Wray v.

Chapman, 14 L. T. Rep. 439; and 14 J. P. 95; al-o Oke's
pointinent of overseers comes within the meaning thereof.
Magisterial Synopsis, 86, 6th edit.) and I conceive the ap-
April 24, 1860.

A JUSTICES' CLERK.

PENRYN.-ELECTION OF TOWN CLERK AND CLERK

TO THE JUSTICES.- At a meeting of the council of this borough, held on Thursday week, the resignation of Mr. E. J. B. Rogers, as town clerk, was accepted by the Council: and Mr. J. B. Read proposed, and Mr. G. W. Trenerry seconded, that Mr. George Appleby Jenkins, solicitor, be appointed town clerk in the room of Mr. Rogers. This proposition was unanimously carried by the council, and Mr. Jenkins was duly elected, and having taken the necessary oath and declaration, he suitably returned thanks to the council for having elected him to fill the important office of town clerk. The council passed a unanimous vote of thanks to Mr. Rogers for the ability with which he had discharged the duties of town clerk for the last 13 years, and expressed their regret that ill-health had compelled him to resign the office. Mr. Rogers had previously resigned the office of clerk to the borough justices, and Mr. Jenkins was also unanimously elected to fill that office. It given general satisfaction to the inhabitants of the is gratifying to know that these appointments have

year, from their not being returned by his customers, but that some had been stolen from him, and he could not state when the sacks in question had been in his possession. Upon this evidence the magistrates dismissed the charge, and the sacks were eventually given up to the plaintiff. The present action was then brought, and the declaration contained three counts. 1st, Trover forthe bags; 2ndly, false imprisonment; and 3rdly, malicious prosecution. At the trial the learned judge expressed an opinion that there was reasonable and probable cause for the search-warrant, but not for the arrest, and a verdict was returned for the plaintiff with 207. damages, thus divided: American counsel are famous for long speeches. 20s. on the first count, 41. on the second, and Jacob Barker has just completed a six days' oration 15. on the third. Subsequently a rule was before the Court of Claims. In the Curstang v. Shaw made absolute for entering a verdict for the case the judge allowed twenty-six hours for speechify-defendant on the second and third counts. For ing. the plaintiff it was argued that, although there may have been reasonable ground for a searchwarrant to seize the goods, there was none for the apprehension of the plaintiff. On the other hand, it was insisted that the defendant was not responsible for the arrest of the plaintiff, which was the act of the justice, who indeed granted the warrant in the form recognised by precedent and ancient usage. The judgment of the learned judges is interesting as evincing the prevalence of the notion that an application for a searchwarrant does not in practice necessarily involve an application for a warrant to arrest. Mr. brother Willes about this case, and he reports Baron Bramwell says: "I have spoken to my that the question of malice was not reserved. The learned judge ruled that there was absence of reasonable and probable cause for causing the plaintiff to be apprehended; but that there was no absence of reasonable and probable cause for causing the search-warrant to be issued. The truth is, that he was under the same impression (which turns out to be erroneous) as I believe we were all here, and the counsel were also till the matter came to be looked into, that the application for the searchwarrant does not (as it now turns out we all thought it did) involve the application of a CORONERS.-The select committee appointed by warrant to arrest. It turns out that the appli- the House of Commons to inquire into the remuneracation for the one involves the application for tion of coroners and the law and practice of inquests the other. That being so, the question have made their report. They recommend that for is reduced to this Is there an absence of the sake of not diminishing the chances of detecting reasonable and probable cause shown for the great crimes the coroner should continue to take the information which the defendant swore before initiative, and not be, as had been proposed, limited the magistrate? Because that is what he has to cases where he is called upon to hold an inquest by done. All that follows from it is the consequence that the rule be that an inquest be held in every case a person duly authorised. They recommend, further, of that." His Lordship then goes into the question of violent or unnatural death, or of sudden death of whether or not there was reasonable and pro- where the cause is unknown, and also where, though bable cause for laying the information, and he the death is apparently natural, reasonable suspicion arrives at the conclusion that there was, and of criminality exists, or on any prisoner dying in gaol. that therefore the verdict should stand for the They consider that the coroner should be paid by plaintiff upon the first count only. Channell, B., salary, to be fixed by the quarter sessions, the jusexpresses views highly deserving of very mature tices to be guided by the fees received in the last consideration. He says: "I certainly was under seven years, and provision to be made for a periodical the impression at first, during a part of the revision if the duties increase or diminish, with argument (and which appears to have prevailed power also to a coroner to appeal to the Home Secrewith my brother Willes), that there was a distary if a salary is awarded him disproportionate to that of other coroners. The mileage, being still kept tinction between this warrant so far as it authounder the jurisdiction of the justices, would secure to rised them to search the premises where the them an inspection of the work performed. The election sacks were, and so far as it authorised the of coroners the committee would place in the hands of apprehension of the party named in it. But it those who are on the register of voters for members appears to me, upon looking into the authorities of Parliament, the poll to be limited to one day. The in Burn's Justice, and especially looking into jurors, they consider, should be ten neighbours sumHale's Pleas of the Crown, that the magistrate moned from the jury list of the county, and they see was not only at liberty to issue, but would issue no reason why these jurors should not be paid. The as of course, a warrant with this double aspect-ment, embodying these their recommendations, with committee propose that a Bill be brought into Parliaif I may use such an expression." His Lordship one or two minor regulations for better carrying then reviewed the circumstances, and came to them into effect. the conclusion that there was no want of reasonable and probable cause for the laying of the information by the defendant, and that the judg- REAL PROPERTY LAWYER AND ment of the court should be for him upon the second and third counts.

In

than in any other British colony, as of twenty legal
functionaries nine belong to the Irish bar.
Western Australia, Mr. Alfred M Farland, Commis-
sioner of the Civil Court and chairman of the Court
of Quarter Sessions (salary 6004), is a member of the
Irish bar. In Ceylon the Hon. P. I. Stirling, senior
puishe judge (salary 1800); Mr. Joseph Cuffe,
Registrar of Supreme Court (salary 6002.); and Mr.
D. Purcell, police magistrate (salary 3501.), are
members of the Irish bar.

MAGISTRATE AND PARISH
LAWYER.

NOTE-The current law under this department is noted by T. W.
SAUNDERS, Esq., Barrister-at-Law, Author of The Practice of
Magistrates' Courts," &c.

NOTES OF NEW DECISIONS.
SEARCH-WARRANT-REASONABLE CAUSE FOR
SEARCHING BUT NOT FOR APPREHENDING-
FORM OF WARRANT.-A case was recently de-
cided in the Court of Ex. upon the subject of
search-warrants, of considerable practical im-
portance. It will be found reported in 1 L. T.
Rep. N. S. 517, under the name of Wyatt v. White.
The facts were these:-The defendant in the ac-
tion, who was a miller, happening to be on the
quay at Lydney-basin, saw a large pile of junk
or bags, partially covered with tarpaulin, and
amongst them he saw a sack bearing his trade-
mark, filled with junk; he lifted the tarpaulin
and saw several others of his sacks. He was in-
formed that the sacks had been sent to the basin
by the plaintiff to be shipped to Bristol. The
defendant then went to a police station and
afterwards before a magistrate, and laid an infor-
mation. The plaintiff was a marine store dealer.
The information merely stated that the defendant
"has reason to suspect, and does suspect, that
me sacks and pieces of sack, his property, have
been stolen, and are now lying at Lydney-basin,
in the parish of Lydney, in the county of
Gloucester, and are in the possession of Thomas
Wyatt, of Coleford." Upon this the justice
granted a search-warrant, in the common form,
which contained the usual direction to the con-
stable to apprehend the party in whose possession
He property should be found, namely, the said
Thomas Wyatt. Upon this the sacks were
seized, and Wyatt himself was apprehended, and
upon being then taken before a justice, he was
admitted to bail. The next day the case was
heard at petty sessions, when the present defen-
dant deposed that he lost about 1000 sacks a-

Now it appears from the foregoing facts, that the arrest of the plaintiff was really without moral justification, and yet that inasmuch as the facts warranted an information for a search-warrant, and as by ancient usage a search-warrant may embody a warrant to apprehend the party in whose possession the goods are found, the plaintiff's arrest was legally justifiable. The law is certainly unsatisfactory upon this subject, and both the learned judge who tried the cause and the court before whom the question was afterwards argued, at first thought that the law was otherwise than it is. Upon what principle a search warrant should necessarily include a warrant to apprehend we cannot understand, nor do we believe that any such necessity exists in law. Very great hardship (as in the above instance) may occasionally arise in combining the two, and

borough.

CONVEYANCER.

NOTES OF NEW DECISIONS. COPYHOLD.-The jury was held to be justified in assuming after thirty-five years a ratification by the lord of an invalid admittance by the steward: (Doe v. Sowerby, 2 L. T. Rep. N. S. 150.)

Queries on Points of Practice.

SUCCESSION DUTIES.-In 1839 A. settled moneys on himself for life, afterwards to his son B. absolutely, who died in 1844, having bequeathed the same to his daughter, who, upon A.'s death in 1856, received the fund and paid legacy duty, as upon an acquisition from B. The Crown now calls on B.'s executors for succession duty in respect of his succession, though he died nine years prior to the passing of the Succession Duty Act: (ride sect. 2.) If any of your readers have paid, or resisted payment of, succession duty in respect of personal estate (real could not be chargeable) where the oblige by stating the fact. successor died prior to the passing of the Act, they would OSWESTRY.

April 21, 1860.

APPOINTMENT OF TRUSTEE OF WILL BY A CODICIL-Will some of your correspondents be good enough to answer the

S. O. S.

of what appeared a general sentiment, and prepared
and sent out the circular referred to. The result of

following query, and, if possible, refer to cases in support of the appeal to the general body has fully justified the
their opinions:-A testator, by his will, devises all his real
and personal estates to A., B. and C., upon trust for conver-act, and has in every respect been most satisfactory,
sion, and other trusts as to the produce of conversion, for his scarcely a dissenting voice having been heard. The
children, and appoints A., B. and C. executors of his will By committee have received great numbers of letters from
a codicil the testator afterwards appoints D. anfexecutor depositors, bearing testimony to the zeal of the as-
jointly with A., B. and C., and also by the said codicil signees, who have by their extraordinary personal
appoints D. & trustee jointly with any other trustee or
trustees named and appointed in and by his said will" Is and unpaid exertions been the means of largely
this latter appointment sufficient to constitute D. a trustee augmenting the estate, and also bearing testimony to
with the other trustees A., B. and C. for the conversion and the zeal and energy displayed by Mr. Linklater, who,
other trusts of the testator's will?
there is reason to believe, would have made as much
by other business if he had not devoted himself so
exclusively to the bank. The depositors are quite
sure that Mr. L-doubtless like many other high-
minded members of his profession-has done his
utmost to avoid litigation, which, in other hands,
might have been carried on ad infinitum-probably
without reflection on professional character. It can-
not be denied that, out of upwards of four thousand
creditors, there may be some who, probably not
knowing all the circumstances, object to the present
movement; while, on the other hand, there are a very
great number who have already contributed to the
fund (and every post brings fresh contributions), in
JOINT-STOCK COMPANIES' LAW addition to which evidences of general assent, there

A by will, gave to his niece B. a legacy of 5002, to be paid to her immediately after his decease. A. dies, leaving B. & minor, and B. marries shortly afterwards. Can B. and her husband give a good discharge for the legacy before B. attains twenty-one?

LEX.

Can any of your readers refer me to the authority, which I have read in the LAW TIMES, where it has been held, that it is not necessary for the purchaser of an estate to execute the deed of conveyance to him, in which the usual declaration against dower is contained in order to bar the right of his widow to dower?

JOURNAL.

Correspondence.

INQUIRER.

As a

are very many who, perhaps too poor to contribute,
have acquiesced, verbally or in writing, in the pro-
priety of giving testimonials from the depositors to
the solicitor and assignees of the Roval British Bank.
GEO. JAS. KAIN, Hon. Sec.

69, Chancery-lane, 20th April.

COUNTY COURTS.

COUNTY COURT DEFALCATIONS. - LIVERPOOL

LECAL OBITUARY.

NOTE-This department of the Law FLES &

WALFORD, Esq., M.A., and Lese while fi
and Fellow of the Great ani Dey
Britain, and as it is desced to make it as perme
the families and friends of deceased membe
oblige by forwarding to the IAW Tixxas G.
materials required for a biographical susce

JELINGER C. SYMONS, ESQ We have been requested to make the f additions to the memoir of the late Jelisze Symons, Esq., which appeared in the Law'r April 14. He was born at Ilsley, Berks, in A He had bad health when a child, but at en years of age he published a pamphlet on the un the Slave Trade, as practise in our coloris taking his degree at Cambridge, be residetu for some years; and at the age of twentyentrusted by the Home Government with i sion of inquiry into the state of the E Weavers and Manufacturers. To carryout the he traversed not only Lancashire and Sentar parts of Switzerland, where he obtained machus and interesting information, which was patles volume entitled "Arts and Artisans at £ Abroad." He was a candidate for the repres of Stroud in Dec. 1834, but withdrew before ce of the poll, in favour of Col. (now Geses He subsequently held a Tithe Commission commissionership of inquiry into the min educational state of the mining districts of tal where he brought to light a state of beca which reflects but little credit on those to w education in those parts had been entrusti results were embodied in some valuable tiet and subsequently republished in a statist called "Facts and Figures." It was in 19 appointed one of the commissioners of irgan the state of education in Wales; and L. shown in his reports, that in 1848 he was downe was so much impressed with the higt a nently appointed to the inspectorship, which i down to the day of his death.

Mr. Symons delighted in delivering lect the benefit of the humbler classes; he was as sident of a Literary and Antiquarian Society: city, with which he was connected, and active member of the Cambrian Archa Association.

Besides the works mentioned in our formes

ROYAL BRITISH BANK TESTIMONIAL-I did not observe till to-day your observations in the LAW TIMES of the 14th inst. relating to the Testimonial to the Solicitors and to the Assignees of the Royal British Bank, or I should assuredly have solicited the favour of your inserting a reply in your next LAW STUDENTS' JOURNAL. number. Iought in the first place to observe, that the matter is one which entirely concerns the creLINCOLN'S INN DEBATING SOCIETY.-At the meetditors of the bank, and if they choose to do honouring of the society, on Tuesday last, the following to those who have served them, it is scarcely a resolution was brought forward by C. H. Blake: matter that concerns the public; however, as you and oppressive." It was negatived. The subject for "That a system of direct taxation is alike impolitic have made it a public matter, I do not hesitate to reply to your observations. It is due to the gentlemen next Tuesday, proposed by R. Welford, is,That to whom honour is intended, that the facts should be this society deprecates legal interference with prize as widely disseminated as the observations calling in fights." question the propriety of the testimonial. creditor of the Royal British Bank, I have of course taken a deep interest in the affair from the beginning. It will be remembered that, on the failure of the bank, a meeting, attended by many hundreds of the creditors, was held, presided over by Mr. Wyld, M.P., at which meeting a committee of depositors was ap-covered that Mr. W. Statham the registrar of Liver-Tactics for the Times," "Parish Settleme pointed, of which I was a humble member. This committee took a great deal of personal trouble in endeavouring to obtain terms from the directors and shareholders, and in other duties, and may therefore be presumed to know something of the matter. During the progress of their numerous meetings, the committee, as interested observers, had ample opportunity of watching not only the course of action of the solicitors and assignees, but also of ascertaining the views of their constituent depositors; and all concerned formed a very decided opinion as to the course to be pursued to protect their own interests. Without, however, in the abstract caring much about the merits of liability, whether limited or otherwise, the depositors (and their case can scarcely be said to be exceptional) soon found that they had great difficulty in obtaining payment from the shareholders, unless, as creditors, they possessed some power of compounding with them. Even if the shareholders gave up everything they possessed, still they could have no discharge; many, therefore, appeared determined to give nothing. Many small shareholders were willing to sacrifice the greater part of their means-and some even all, and begin the world anew-if a discharge could be given to them. The depositors, therefore, at a very large meeting of their body, by an overwhelming majority, decided on endeavouring to obtain the Act which enabled them to do as they liked with their own, and they are satisfied that the result has been a large increase to their dividends. Before the depositors obtained this power many wealthy shareholders were

being sued by individual depositors, and many thus obtained 20s. in the pound, and obtained besides large costs, both from the general funds of the bank as well as from the pockets of the shareholders so

sued, thus doubly draining funds that should have been applicable to all. It was also found that many shareholders, doubtless foreseeing the result of all this if they stayed in England, realised their means and absconded to the Continent, with the evident intention of remaining there. Since the Act was obtained, many having contributed largely of their means, have obtained a discharge, and have returned to England. With respect to the testimonial itself, it is but justice to say that the observation of your correspondent, "A Member, &c.," that the movement emanated from the intended recipients, is totally without foundation. It may almost be said, indeed, that the only objectors hitherto have been those gentlemen themselves. The movement originated entirely with the depositors, very great numbers of whom expressed themselves to their committee in terms of high commendation of the manner in which the duties of solicitor and of assignees had been discharged, and of the benefit the estate had derived from their exertions. The committee took upon themselves the expression

Tuesday. Within the last few weeks it was dis- Mr. Symons was the author of several useful v
pool County Court, was deficient in his accounts, and invaluable manual for clergymen), and
as much as 15,000l. was named os the amount of his Smith's Leading Cases." His "Essay on da
defalcations. Durine the past week or two the is an endeavour to prove that Mr. William boy
accounts have been investigated, and, although the cousin of Edmund Burke, was the real author c
investigation is as yet by no means complete, the de-much-disputed book. We understand that s
ficiency already ascertained is between 3000l. and 40007.
Statham has, of course, not appeared in court in his
time of his death he had just completed a work?
official capacity since the discovery of his defalca-
tled "Rough Types of Euglish Life," now
press.
tions, but within the last few days it was understood.
that he was in town. Yesterday aud to-day, how-Symons was for some years editor and prepre
Our readers will probably remember that
ever, a rumour is current and generally believed, the Law Magazine and Law Review, and also of -
that he has left Liverpool, and there his reason to
believe that he has sailed for Australia. Certain it
is, that a sheriff's officer who has been on the look
out for him during the past week, in order to arrest
him for a very large amount, has been so far unable
to trace him. The career of Stratham as regards
pecuniary matters appears to have been most reckless.
Notwithstandidg that the emoluments of his office
amounted to 1000l. a-year, he has not only contrived

to abstract an enormous amount from the funds of
the court, but, in addition to private liabilities
amounting to several thousand pounds, he has in-
volved several officers of the court, inclnding, the
cashier, whom he has induced to borrow mouey for
him from insurence companies, loan societies, and
private individuals to the extent of nearly 4500!
The sums thus borrowed by the cashier seem all
to have been at once handed over to Stratham, and
now the former, finding himself inextricably involved
throngh accomodating his superior officer with his
name, has petitoned the Insolvent Court, and in his
schedule the varions loans which he contracted on
Stratham's account are all set forth. The circum-
stances have excited much astonishment in the town,
and the greatest indignation is felt on the part of
the public that one who has so greviously committed
himself should not have been peremptorily removed
from office, to say nothing of a criminal prosecution.
We understand, however, that Stratham being a ser-

English Journal of Education.
We are informed that he has left two s
lament his loss.

PROMOTIONS,

APPOINTMENTS

ETC.

[Clerks of the Peace for Counties, Cities and Borough

regularly forwarding the names and addresses of all new Maga
that may qualify.]

of Huddersfield, in the county of York, gentes
The Lord Chancellor has appointed John
High Court of Chancery in England.
to be a commissioner to administer oaths in

The Lord Chancellor has appointed Joseph Gem
Joel, of the town and county of Newcastle:
Tyne, gentleman, and Mr. John Wortley, of
in the High Court of Chancery in England.
Stratford, to be commissioners to admidiseer

THE COURTS & COURT PAPERS

COURT OF QUEEN'S BENCH
Reported by JOHN THOMPSON, T. W. SAUNDERS, and 11.

HERTSLET, Esqrs., Barristers-at-Law.
BUSINESS OF THE WEEK.
Thursday, April 19.

vant of the Crown, it is for the Government to take moved for a new trial, on the ground that the verdi REG. v. THE INHABITANTS OF EAST COKER-Kinglake, Se any initiative steps, especially as any loss caused by against the evidence. Indictment for nonrepair of a pat

the defalcations will fall upon the country.

MERCANTILE LAWYER.

road, tried before Channell, B., at the Somerset asizes Channell, B., and on the following morning intimated th verdict for the defendants-The COURT took time to e as he was not dissatisfied with the verdict. there we

no rule.

NOTES OF NEW DECISIONS. same defendants-S. Temple moved for a rule for a new STORER T. BACKHOUSE, and three other cases againg the CONTRACT. The proper construction of an These cases are the same in principle as Bonomi, Be house, now pending in the H. of L., and will abide the r agreement to make a machine "for cutting glue of that case. At the trial, before Blackburn, J., at Der pieces according to drawing, strong and sound the verdict was taken for the plaintiff, with leave to p workmanship, to the approval of B.," is, that the in the most convenient form, so as to keep alive these c approval of B. is to be as to the strength and work-cussion, it was agreed that the most convenient until the decision of Bonomi v. Backhouse. After some d manship of the machine, not as to its efficiency would be for the court to refuse this rule, and then the de for cutting glue pieces: (Ripley v. Lordan, 2 L. T. fendants might go to the Ex. Ch. pro forma. Rep. N.S. 154.) REG. V. THE INHABITANTS OF WEST WARTON.-Indictment

Rules refund

onrepair of a road, tried at Norwich, before Williams, nd verdict found for the defendants.-Tozer, Serjt. moved new trial, on the ground that the verdict was against evidence.-The COURT took time to consult Williams, J., on the following morning intimated that, as he was not atisfied with the verdict, there would be no rule.

Rule refused. ATTHEWS. GIBBS AND OTHERS.-Action to recover ince of freight on a cargo of guano, tried in London, Lore Cockburn, C.J., and verdict found for the plaintiff.Solicitor-General moved pursuant to leave to enter the lict for the defendants.

Rule nisi.
ALRYMPLE v. WARDROPE.-Action against defendant for
ach of an agreement to sell a plantation to the plaintiffs,
onnection with a joint-stock company for the cultivation
ea in India. The case was tried before Cockburn, C.J. in
don, and verdict found for the plaintiffs, damages 750/-
lier moved to enter a nonsuit or verdict for the defen-
.t.
Rule refused.
LEG. V. THE INHABITANTS OF BRAILSFORD-Indictment for
Firepair of a road, tried before Pollock, C.B., and a verdict
nd for the defendants.-Macaulay moved for a new trial
the ground of misdirection, and the verdict being against

→ evidence.
Rule nisi.
DICKINSON. WRIGHT.-Action for wrongful conversion
1 for detinue of goods, tried at York, before Hill, J, and
dict found for the plaintiff.-Overend moved for a new
*al, on the ground that the verdict was against the evi-
Rule nisi.

Ice.

THOMPSON AND OTHERS V. THE NORTH-EASTERN RAILWAY
MPANY.-Action for negligence, whereby a ship belonging
the plaintiffs was stranded on a mud bank at the opening
the docks, constructed by the defendants, adjacent to the
er Tyne. The case was tried before Cockburn, C.J. in
ndon, and a verdict found for the plaintiffs.-Sir F. Keliy
w moved to enter the verdict for the defendants, or for a
w trial on the ground that the verdict was against the
idence.
Rule nisi.
SMITH V. BIRD.-Borill moved to restore a case to the new
al paper. It appeared that when the case was called on
hearing at the sittings after Hilary Term, the defendant's
torney had not instructed counsel.-The COURT said that
ere was negligence on the part of the attorney, and how-
er hard it might be on the client, they could not dis-
ciate him from his attorney, and must leave him to his
medy against his attorney.
Rule refused.

- WRIGHT v. WILKIN.-Ejectment, tried at Norfolk, before
ockburn, C.J., and verdict found for the defendant.-Parry,
rjt. moved, pursuant to leave, to enter the verdict for the
aintiff. The case turned on the construction of a will.
ithorities cited:-Co. Lit. 236, b; 1 Leonard, 174; Doe v.
right, 2 B. & Ald. 710; 43 Geo. 3, c. 108; Bulkeley v. Wil-
rd, 2 Cl. & Fin. 102.
Rule nisi.

POTTER V. FELLOWES.-Action on a guarantie given by the fendant for the performance of a charter-party; tried fore Wightman, J. at Kingston, and verdict for the plainf, damages 3007. Case cited, Combe ▼. Woulfe, 8 Bing. 156. Rule nisi. COLEMAN v. HOWARD.-Trespass against the Mayor of Bedd for taking down a photographic booth belonging to the fendant. The case was tried at Bedford before Cockburn, J., and verdict found for the plaintiff, damages 81.-D. D. ane moved to enter a nonsuit or verdict for the defendant, a the ground that the licence to erect the booth had been voked, and that there had been no letting. Rule nisi. RENWICK V. TTE.-Action on a bill of exchange by inOrsee against drawer, tried at Norwich before Williams, J., nd verdict for the plaintiff for 361.-D. D. Keane moved to nter the verdict for the defendant, on the ground of an inafficient notice of dishonour. The bill was dated "London," nd the notice of dishonour was, by letter, addressed to the efendant, "37, Edward-street, Hampstead-road," and osted in London. The notice did not reach defendant's ands: (Dunlop v. Higgins, 1 H. of L. Cas. 381; Barmester v. Barron, 17 Q. B. 828.)

Rule refused. A. H. SHADWELL (One, &c.)-Cook Evans moved to strike an attorney off the rolls at his own request. Granted. Friday, April 20.

EVESON V. THE Oxford, WORCESTER AND WOLVERHAMPTON RAILWAY COMPANY..

ants. The question depended on the construction of the
agreement.

Rule nisi.

LE PEINTUR. THE SOUTH-EASTERN RAILWAY COMPANY.
-Action for not delivering goods in a reasonable time
against the defendants as carriers. The case was tried at
Worcester, and a verdict found for the plaintiffs, damages
61.-Gray, on the part of the defendants, moved to reduce
the damages to a nominal sum.
Rule refused.

FLYNN V. NORMANDY.-Action for false imprisonment.
tried before Blackburn, J, at Liverpool, and verdict for the
plaintiff, damages 151.-Wheeler moved for a new trial, on
the ground that the verdict was against the evidence.
Rule refused.

BLECK V. BALLERAS. -The action arose out of a contract
to carry two locomotive engines to Barcelona on board a
screw steamer, of which the plaintiff was the charterer. It
was tried at Liverpool before Blackburn, J., and a verdict
found for the plaintiff for 2601.-Milward moved to enter a
nonsuit, or for a new trial.
Rule nisi.

STANSFIELD v. DYER-Action by the assignees of a bank-
rupt to recover the value of a lease of premises at Walworth,
and of a horse and cart. The case was tried before Wight-
man, J. at Kingston, and a verdict was found for the plain-
tiffs as to the horse and cart, damages 241., and for the de-
fendant as to the lease.-Hawkins moved for a new trial.

Rule nisi.

HAZLEWOOD v. JOYCE-Action by the Iron Steamboat
Company, against the defendant, a lighterman, whose barge
was sunk in the Thames just on the east side of London-
bridge and left there without any proper signal, whereby
one of the plaintiff's steamboats (the Bride) was damaged.
The case was tried before Wightman, J., and a verdict
found for the defendant.-Hawkins now moved for a new
trial.
Consult the judge.

HEATH V. THE ATLANTIC ROYAL MAIL STEAM NAVIGATION
COMPANY.-Tompson Chitty moved to rescind a certificate
of Cockburn, C. J., that this was a proper case to be tried in
the Superior Courts, on the ground that it was not granted
forthwith.
Rule refused.

Saturday, April 21.
FоWKE (appellant) v. ErNON (respondent.)-Giffard ap-
peared for the appellant.- No one appeared for the respon-
dent.
Judgment for the respondent.
BROOKES (appellint) v. WoOD AND OTHERS (respondents).
— Welsby appeared for the respondents.-W. M. Cooke for
the appellant.
Judgment for the respondents, without costs.
COLE V. CAULTON.-Field and Keane appeared herein for
the respective parties.
Conviction affirmed.
THE BIRMINGHAM CANAL COMPANY (appellants) v. DOCKER
(respondent.)
Part heard.

Monday, April 23.

REG. v. THE JUSTICES OF LINCOLNSHIRE.-The Solicitor-
General, on behalf of the Prince of Wales, Duke of Cornwall,
moved for a certiorari to bring up an order of justices made
at Kirton Lindsey authorising the surveyor of the highways
to take stones and materials from certain inclosed lands,
parcel of the Duchy of Cornwall, for the purpose of repairing
the highways: (5 & 6 Will. 4, c. 50, s. 53; Attorney-General
Y. St. Aubyn, Wightwick, 238: Fitz. Abr. Prerog. pl. 16;
Staund. Prerog. p. 11; Doe v. Brenton, 8 B. & C. 765.
Rule nisi.

Re THE ARBITRATION BETWEEN DAVIS, HARRIS AND PRICE.
-Butt moved to rescind an order of Crompton, J., under
the C.L.P.A. 1854, s. 21, to appoint an umpire.
Rule refused.

REG. v. THE INHABITANTS OF BRENCHLEY -Lush moved
for a mandamus to the surveyor of the highways to pay
certain costs awarded by the quarter sessions on an indict-
ment for nonrepair of a highway, and, if necessary, to make
a rate for that purpose.
Rule nisi,
WALKER V. PENNEY.-J.JA. Russell moved for a writ of

revivor.

Granted.
WATERLOW . BRAY. Tried before the Secondary of
London, and verdict for the defendant -H. James moved
for a new trial on the ground of surprise. Rule nisi.

REG. V. THE MAYOR, &C. OF MANCHESTER.-Mellish moved

to impose a fine of 497. 8s. on the defendants, after a verdict
for the prosecutor of an indictment for nonrepair of a
highway.
Granted.

Rule nisi unless plaintiff (consents to reduce the verdict by Blackburn, J., directing the plaintiff to give security for
CHAPPELL V. WATT-Garth moved to rescind an order of

five guineas.
MITCHELL v. ACKROYD AND OTHERS.-Action for an exces-
ive distress against the assignees of a bankrupt, tried at
York before Hill, J., and a verdict for the plaintiff, damages
on the first count 10007., on the others 1301.-Edward James
noved for a new trial on the ground that the damages were
excessive, and that the verdict was against evidence, and on
The ground of surprise.
Rule nisi.

SHERREN v. HARRISON.-Action by a builder to recover xtra work in the building of a church at Tottenham; tried it Middlesex before Blackburn, J., and the plaintiff nonsuited.-M. Chambers moved to set aside the honsuit, and for a new trial. Rule refused. BAXENDALE V. PROCTOR-Trover and detinue for furniture; tried at York before Hill, J., and verdict for plaintiff, damages 504-Quain moved to reduce the damages.

Rule nisi. HOGG v. WRIGHT.-Action on a joint and several promissory note; tried before Hill, J., and verdiet for the plaintiff for 11001-Edward James moved for a new trial. Rule nisi. NIEMANN v. Moss.-Action for demurrage; tried before Hill, J. at Liverpool, and verdict for the defendant.-Milward moved for a new trial. Rule nisi.

THOMAS. ROGERS.-Trespass to land; plea, right of common; tried at Carmarthen before Byles, J., and verdict for the plaintiff.-Borill moved for a new trial on the ground of misdirection, and that the verdict was against evidence. Cases cited: Hall v. Swift, 4 Bing. N. C. 381; Lowe▾. Carpenter, 6 Ex. 625; Payne v. Shedden, 1 Moo. & Rob. 383. Rule nisi.

DAVIS v. BOWEN.-Action of negligence in riding, whereby the defendant's servant ran over the plaintiff; suing by his next friend. The case was tried before Byles, J., and verdict for the plaintiff, damages 131.-Pulling moved to enter the verdict for the defendant. Cases cited: Noy's Maxims, cap. 44; McManus v. Crickett, 1 East, 106; Booth v. Mister, 7 C. & P. 66. Rule nisi.

HALL V. CRAWFORD.-Trespass to land; plea, right of public footway; tried at Chester before Russell Gurney, Esq., and verdict found for the defendant.-Welsby moved for a new trial, on the ground of misdirection, and the verdict being against the evidence. Case cited, Poole v. Huskinson, 11 M. & W. 830. Rule nisi.

HORNSBY V. THE VESTRY OF ST. LUKE'S, CHELSEA.Action on an agreement for watering, lighting and cleansing the streets.—Lush moved to enter a verdict for the defend

costs.

Rule nisi.

REG. V. THE MAYOR OF DEVONPORT.-Prentice moved for
a certiorari to bring up certain orders of the town council
for the payment of sums of money out of the borough fund
towards the expenses of a public park.
Rule nisi.

REG. V. THE LONGTON GAS COMPANY.-Pigott, Serjt. moved
to impose a fine on the defendants.-McMahon showed

cause.

Nominal fine to be imposed, on the defendants undertak-
ing to do nothing further until the writ of error is
disposed of.
THOMAS V. JEFFERIES.-Abbott moved for an attachment
against the sheriff of Carmarthen for not returning a writ.
Rule granted.

GUMM V. FOWLER.- Watkin Williams moved to rescind an
order of Crompton, J., staying proceedings on a writ of
error herein: (Jones ▼. Brown, 2 Dowl. & L.) Rule nisi.

Ex parte THE REGENT'S CANAL COMPANY.-Manisty moved for a mandamus to the Limehouse Local Board of Health to make their drains so as not to be a nuisance to the company. At present the sewers are drained into the canal.

Rule nisi.

REG. V. THE COUNCIL OF MEDICAL EDUCATION.-M. Smith

(Sleigh with him) showed cause against a rule nisi tor a
mandamus to restore the name of Mr. Organ to the Medical
Register kept under the Act.-Hayes, Serjt. appeared in
support of the rule, but was not called upon. Rule absolute.

REG. v. COLLARD.-Poland showed cause against a rule for
a certiorari to bring up the recognisances of Collard, and
Saunders his bail, conditioned for the appearance of Collard,
to answer the charge of desertion of his wife and children
at the Marylebone police-court.-G. Francis supported the
rule.
Rule discharged.

NOBLE V. LE GROS.-Action against the high bailiff of the
Whitechapel County Court for a wrongful levy. The case
was tried before Wightman, J., and a verdict found for the
plaintiff, damages, 2001.-Dowdeswell moved to enter a non-
suit or for a new trial, on the ground that the notice of action
was insufficient for not specifying the place or the amount
claimed (9 & 10 Vict. c. 95, s. 138; Martins v. Upcher, 3 Q. B.
662; Breese v. Jardine, 4 Q. B. 585; Elstob v. Wright, 3 Car.
& K. 31); and also on the ground that the verdict was
Rule nisi.
against the evidence.

Tuesday, April 24.
HODGSON v. HOOPER.-Part heard. Argument to be re-
sumed on Friday, the 4th May.

Ex parte LEVY KREIGSFELD.-Mellish moved for a rule calling on William Harford, the coroner for the city of Manchester, to show cause why a prohibition should not issue, prohibiting him from further proceeding with an inquest to inquire into the origin of a fire on applicant's premises. The 4 Edw. 1 related to other matters, but not to fires, and Jervis on Coroners made no reference to any such power vested in them. Viner's Abridg. and 48 Edw. 1 were also referred to. If such a jurisdiction were exercised in the City of London it must be by custom, but that could not apply here, as Manchester was not a borough until the Municipal Corporation Act.

Rule nisi; the court saying that they thought the inquest should be adjourned until after the argument of the rule.

HORNSBY AND ANOTHER. THE VESTRY OF ST. LUKE'S, CHELSEA.-Lush, Q.C. and Keane for defendants.-G. Francis and Murray contra..-(To be reported.)

Judgment on demurrer to declaration for the plaintiff's rule for new trial discharged.

Wednesday, April 25.

CANAL NAVIGATION.-Milward for the defendants-Phipson REG. on prosecution of DOCKER. THE BIRMINGHAM contra.-The COURT said that upon the facts stated in the special case, none of the works specified fell within the description of works of a public nature within the meaning of sect. 54 of the Public Health Act.

THE CHURCHWARDENS, &C. OF CLAPHAM (respondents) v. THE CHURCHWARDENS, &C. OF ST. PANCRAS (appellants).Knapp (Needham with him), for the respondents, c ntended that an articled clerk to an attorney was not an apprentice so as to gain a settlement by apprenticeship.-Le Breton (Murray with him) for the appellants. The COURT held that an articled clerk could gain a settlement as an apprentice. (To be reported).

CHURCHWARDENS, &c. OF EAST STONEHAM (respondents) V. THE OVERSeers of EvertON (appellants).—Question as to a settlement by payment of rates.-Huddleston (Field with him) for the respondents, had not concluded his argument when the Court rose. Part heard.

Thursday, April 26. POTTER V. PARR.-This was an action for the infringement of a patent for a machine for winding thread, the argument of which occupied the whole day, and was

Adjourned till Monday.

COURT OF COMMON BENCH. Reported by DANIEL THOMAS EVANS and R. VAUGHAN WILLIAMS, Esqrs., Barristers-at-Law.

BUSINESS OF THE WEEK.

Thursday, April 19.

GTE v. HUGHES.-Bovill, Q.C. moved for a new trial, on
the ground of the improper reception, by Erle, C.J., of parol
evidence to vary the written contract, and of evidence as to
what plaintiff believed at the time of the contract being
entered into; also on the ground of the verdict being
against the evidence.
Rule nisi on all but the last ground.
KEATING, J. said that the court had consulted the judges
who tried the following cases, and that in
FACHIRI V. MILNES, as to the verdict being against the
evidence, there would be a

Mv. BECK AND ANOTHER.
DAWES v. HAWKINS.

Rule nisi.

No rule.
No rule.

COTTON v. WOOD.-M. Chambers, Q.C. moved, by leave of the judge, for a rule to enter a nonsuit, on the ground that there was no evidence to go to the jury of negligence, and for a new trial, on the ground that the verdict was against the evidence, and also on the ground that there had been an attempt to corrupt the witnesses. The plaintiff's wife had been killed by the negligent driving, as was alleged, of a driver of an fomnibus of the defendant. The jury found a verdict for the plaintiff, and gave 101. for the plaintiff, and 15. for his children. Rule nisi.

RICHARDSON V. DUNN.-O'Mally, Q.C. moved for a rule calling upon the plaintiff to show cause why the verdict for the plaintiff should not be set aside, and a verdict entered for the defendant, on the ground that the action would not plaintiff had been put to in suing another person. The delie; also for a rule to reduce the damages by the costs the

fendant had told the plaintiff that he was the agent for a
Mrs. Clifton, and had represented the value of the goodwill
of a certain business as so much. It turned out to be much
less, and the plaintiff brought an action against Mrs. Clifton,
when it was shown that the defendant was not her agent.
A rule was now sought on the ground that the damages con-
sequent upon that litigation were too remote. Rule nisi.
LAMING v. GOURLEY.-M. Smith, Q.C. moved for a new trial
on the ground of the verdict being against the evidence.
Rule nisi.

STANDISH. CARRUTHERS AND OTHERS.-Monk moved for a new trial, on the ground that the verdict, which: had been found for the defendant, was against the evidence, and that Blackburn, J. had improperly admitted certain evidence at the trial. The COURT said, as to some of the points they would consult Blackburn, J.

Friday April 20.

WHITMORE (Assignee, &c.) v. LLOYD.-This cause was tried before the L. C. J. at Kingston: verdict for plaintiff, damages, 20601.-Lush (Digby with him) now moved for a rule calling on plaintiff to show cause why there should not be a new trial, on the ground that the verdict was against the weight of the evidence. It was an action brought by the assignees of one Demetrio, a bankrupt, to recover a cargo of wheat; and the question which went to the jury was, whether they believed a Miss Martin, who swore she bought the bill of lading of the wheat. [ERLE, C.J.: There is a similar question now pending in respect of another cargo of wheat, of which it is alleged that Miss Martin also bought the bill of lading. If this case stood alone, there would be some reason for granting a rule to show cause. Let this motion stand over until it is known whether the other side will abide by the result of the next trial. The court will grant a rule to show cause; in the mean time arrangements can be made with the other side.] The next point is, that the cargo having been bought bona fide, for value in the open market, the purchase is good both under the Factors Act and at common law. Demetrio stopped payment on 8th Aug.; on the 23rd he hands over the bill of lading, indorsed by him, to Miss Martin, the said bill being "to order." With the bill was delivered a soldnote and invoice and charter-party. Now the assignees take under the statute of Elizabeth; their title does not relate back to the 23rd. Before they disaffirmed the contract, there was a bona fide sale for value to defendant. The sale by Miss Martin to Hall was on Oct, 16th, before the

leged: (Addison v. Bush, 25 L. J. 25, QB.; Conce. Tik Esie were 24 L. J. 3.7, Q.3.

KRE-FT . Cas£££ —This cause was tried before the Land Chief Justice at the strings in Lindin at tem Ter.c for the plaind—J. Brussel to enter & LONGA W I for new trial on the grand that the ver van BLANG Ite evidence. Te parts had been putter and the action was in respect of money, drawn by dediquant after the termination of the partners. p.

SMITH. LIVE - Have spend fug leave to enter p pearance to an act on a bit of exchange. app cation had been made to W A chambers and refased [bYLES J.: The judge has almond caree ERLE, CA: We thing, ton that didem tart rugis to be et in. WILLEN, J.: There is 6:1x Wiether the o urt has, 219 diction under the bus of Exchange Amt: therefore we had better intimate cur opinion to brither W

Sands one. OAKLEY & OOD DEES-EALE, C.J. resumed reading the evidence in this case.

Saturday, April 21. MOOR C. TOWER - Iran Q C. morad for a rule to enter the verdict for the defendant, ca the ground that there I was no evidence to go to the ja I will the

CATLIN T. MAITLAND -C. P. Uck more! for a mo upon the plaintiff to show cause ▼ y be sua six refund to the defendant the sum of il 15a Charged in teluk of the plaint.f, who had been the attorney for the defen fant is as action, on the grand that ne etter had

whereas six were charged fit; and also for a me fr the master to revichs LAKAT 2. On the grand that