COUNTY COURTS. Courts of Gloucestershire. GLOUCESTER COUNTY COURT. And your petitioners will ever pray, &c. His HONOUR, shortly after taking his seat upon the bench, in adverting to the memorial, said he had received a memorial from the attorneys and solicitors practising in the city of Gloucester requesting him to require that on and after the 13th Oct. next, with a view to maintaining the status of the profession, and enhancing and preserving the dignity and decorum of the court, he would require all barristers, attorneys, and solicitors having business in that court to appear in professional costume. With regard to barristers, his Honour said it was a rule that where a judge sat in costume, the members of the bar did likewise; it would be a breach of etiquette not to do so. He thought it was a very sound rule, and that it would tend to maintain the status of the court and the profession if the attorneys and solicitors would adopt the same rule. Cooke asked "Will your Honour define what it is ?" His HONOUR.-Yes; it consists of a gown, and also bands; but at least a gown. It is a rule in most places, and I think it would be well to observe that rule here. I am quite willing to make an order that the rule shall in future be observed here. I don't wish to lay down a hard and fast rule in other places without first consulting the profession in the district, but I must say that what I see carried out here I should like to see carried out in other places also." With regard to the other prayer of the memorial, the request that the privilege of pre-audience might be granted to both branches of the legal profession, his HONOUR remarked that he was not prepared to grant that without further consideration with a view to avoiding any contravention of the Act of Parliament. He knew it might tend to the convenience of the profession and the public; but he was not prepared to grant that request until he had had an opportunity of ascer taining what was done in other places. He should, therefore, take time to consider that point. LINCOLN COUNTY COURT. (Before J. G. TEED, Esq., Q. C., Judge.) SLIGHT V. LARKEN AND WHITE (Swain's executors). Loss of apprentice-Action for compensation- were sued. Tweed contended that as the second 301. had been paid, and that too since the lad left, there was an end of the case. Hebb submitted that the plaintiff, having taught the lad his business for two years, had been obliged to employ other assistance since he left, by which he had suffered considerable loss. He was quite willing to complete his portion of the con tract. The plaintiff deposed to these particulars. He Did what he could to find Swain after he left. Tweed submitted there was no covenant under His HONOUR thought there had been a breach Tweed then addressed the jury, treating the found for the plaintiff for 201. YORKSHIRE COUNTY COURT. Walker appeared for the plaintiff. the house at Dunnington. In Oct. 1868, Mrs. Nelson, disregarding her arrangement with her husband and her said codicil, made a will leaving the house to Matilda Lawson, one of the defendants, charged with the payment of certain legacies to the other defendants in the suit. After the death of Mrs. Nelson, the plaintiff required Matilda Lawson to surrender the property to him, which it was prayed that it might be declared that but she refused to do so, hence the present suit, in Margaret Nelson was in her lifetime, and that Matilda Lawson is now, a trustee of the said property for the plaintiff, and might be decreed to surrender the same to him. Walker now submitted that he was entitled to such decree upon either of two grounds, viz., that the surrender was a mistake in form, and that Margaret Nelson, having elected to take benefits under her husband's will, was bound by his devise of the house. He cited several cases in support of these propositions, put in the various documents above mentioned, and examined the plaintiff, Mr. Luke Thompson, and others, as witnesses. Middleton contended that the evidence of alleged mistake was not conclusive, and that it could not be assumed that Margaret Nelson understood her full legal rights, and therefore was not bound by election. His HONOUR, however, said that he was satisfied there had been a mistake in the surrender, that Margaret Nelson had by her codicil admitted such to be the case and endeavoured to rectify it, and that, by accepting the benefits given to her by her husband out of his personal estate, she had elected to abide by his will, and he should decree that she was in her lifetime, and Matilda Lawson her devisee now is, trustee for the plaintiff, to whom she must forthwith surrender the house. Walker then applied for the costs of the suit to be paid by Matilda Lawson; this was opposed by Middleton, but his Honour said that as she had chosen to contest the matter she must pay the costs, and decreed accordingly. BANKRUPTCY LAW. entitled to a copyhold house in Dunnington, under COURT OF BANKRUPTCY. (Before Mr. Registrar HAZLITT.) Appointment of Receivers-Priority. A petition was presented on the 5th inst. for liquidation in the usual form by Robert Smith, optician and nautical instrument manufacturer, of Billiter - street. made to Mr. Registrar Murray, for the appointApplication was subsequently ment of a receiver, and Mr. Harry Brett, accountant, 150, Leadenhall-street, was appointed. On the following day another application was made to Mr. Hazlitt on behalf of several creditors, for the appointment of Mr. J. P. Turner, also an accountant, as receiver, and the Registrar, being in ignorance of the order previously made by his learned colleague, granted the application. Since that time the two receivers had been acting in hostility, and the matter accordingly came before Mr. Registrar Hazlitt for his decision. Lucas and Doria appeared respectively on behalf of Mr. Brett and Mr. Turner. His HONOUR, having regard to the fact that the appointment made by Mr. Murray had priority, and that this fact had not been brought to his (Mr. Hazlitt's) notice when he made the second appointment-for if it had he certainly would not have granted the application-said that he should rescind his former order. Mr. Turner was accordingly removed, the ap 4 Re THE O'DONOGHUE, M.P. Irish bankrupts in England. This was a first meeting for proof of debts and appointment of trustee and inspectors. Adjudication of bankruptcy was made in this case on the 9th inst., on the petition of Mr. J. R. A. Wallinger, of Brussels, late of Clarendon-road, Bayswater, gentleman. The bankrupt is member of Parliament for Tralee. He is described in the proceedings as 'Daniel, the O'Donoghue, member of Parliament, of No. 3, St. James's-street, Pall-mall, in the county of Middlesex, of no occupation.' The claim of the petitioning creditor arose upon a judgment recovered on the 22nd March 1870, the action being brought on a bill of exchange for 1307., dated the 22nd June 1863, payable at one month, drawn by Josiah Erek upon the bankrupt, and endorsed by him to Mr. Wallinger. The amount claimed under the summons issued in this court on behalf of the petitioning creditor appears to be 185l. 18s. 7d. Hughes appeared for the petitioning creditor. Proofs to the amount of about 7001. having been tendered and admitted, T. Ples, who represented the bankrupt, said that as the meeting was now duly constituted, three or four creditors being present personally or by proxy, he desired to make a short statement on who appeard for the largest eroar, bass wie oppowd to the proceed Beneath Rant, 0,4 Jewry Chambers, was 11/1 16m trustee. No com-! w them A spection was appointed. The You Now, at eleven, was fixed for the Bali Czattination of the bankrupt. CORRESPONDENCE OF THE PROFESSION, freehold property, the to the i J. W., her 1.79, az 1 284.ZZA, the inject of the mortgage 'sy attention to W. Real Prop. 193. MARRIED WOMEN'S PROPERTY BILL 1870.The correspondent of the Times, whose letter you reproduce in your last number, has called attention to certain ambiguities apparent on the face of this Act. Since reading its provisions, the | following additional doubts have suggested themselves. Sects. 2 to 5 inclusive, provide, that the classes of property therein referred to, “shall be 1o. This department of the LAW Ts being open to deemed to be the separate property of women, free diacuvaion on a profesiona, toples, the Boltor is not responsible for any opinions or statements contained in it.. married, or intending to 'marry, and differ in their language from sect. 1, which further provides that ERRATUM COUNTY COURT ACT 1867. Page property coming within its scope shall be "inde313, col. 2, line 2 from bottom, instead of "juris-pendent of any husband." It appears doubtful, diction is given" read "jurisdiction in ejectment is therefore, whether this provision is intended to given." give more than a prima facie legal title, and whether, with regard to property belonging to a woman before marriage, it does not leave intact the equitable doctrine as to settlements in fraud of marital rights. Whether in short it does not clear the legal title only and leave all equities untouched, until judicial decision has settled the construction to be put upon these sections, it would appear advisable in all cases where their provisions are intended to be resorted to before marriage, that a memorandnm signed by the husband, to the effect indicated in sect. 11 of the Act, should be taken by or on behalf of the intended wife. Again, sect. 11 enables married women to maintain actions in respect of their separate estate in their own name. Does this by implication give a similar remedy to their creditors, or is the doctrine laid down in Marshall v. Poulton still to hold good except in the cases provided for by sects. 12 and 13. It is to be observed that the equitable remedy in the County Courts (irrespective of the value of the property) given by sect. 9 extends only to questions between husband and wife. With regard to minor provisions of the Act, the restriction of the application of sect. 7 to " any sum of money not exceeding 2001. under any deed or will," to the exclusion apparently of leaseholds and other personal property, seems unfortunate and hardly consonant with the general terms of the earlier part of the same section. The changes in the law, as to debts contracted by the wife before marriage, effected by sect. 12, seems likely in some cases to benefit the husband at the expense of his wife's creditors. It is difficult to see why the husband should not remain liable to such of that class of debts as his wife's separate estate might be insufficient to satisfy, to the extent of any property to which he has become entitled in his marital right. As the law stands at present, it will be in the power of a wife by collusion with her husband, or by the mere omission to reserve to herself separate property on marriage, to escapo all legal process for payment of debts incurred before marriage, on the strength of a competent credit and estate. LEGAL EDUCATION - INCORPORATED LAW SOCIETY'S HONOURS. Although I sympathise very much with Fag," and congratulate" Lazy" n being a "lucky dog," I must confess that I think " A. B." has mistaken the exception for the rule in his letter of the 13th August last to the LAW TIMES on the above subject. I can quite believe that the cases he has mentioned are perfectly true, and that" Lazy" being third in the honours list might have been a fluke, although there is no evidence that it was. What reasons have we for supposing that "Lazy's" answers to the "examination" questions were not more correct than "Fag's" It is true that Fag" worked harder than “* Lazy" whilst "getting up" for the "examination," but it is equally possible that "Lazy's memory might have been more retentive and his natural ability greater than "Fag's." Even if it were a fluke, do not students in other professions sometimes obtain honours, who never dreamt of such a thing? Most assuredly they do. It doubtless is very hard to a "Fag" to find himself beaten by a "Lazy," but "examinations," like everything else, are attended with a certain amount of chance, and chance does not always favour the most deserving. That anyone should be able to obtain honours at or even pass an "examination" by a fluke, is, to say the least, unsatisfactory, but how is it to be prevented? What remedy can be devised? I am strongly ngainst making the final examination" more stringent than it is at present, at all events for a "pass," as I consider that those students who enn pass it are fairly entitled to be admitted on the roll of attorneys. Those students who have "crammed" in order to get through will certainly regret it afterwards, as they will find that success in practice depends upon their real knowledge, and that their half-digestod mixture of common law, equity, bankruptcy, and a host of other subjects has entirely deserted them immediately after the "examination" is over. The suggestion of having a special "examination" for honours, which should, I think, be only open to those who have passed the " final," above a certain degree of excellence, and a portion of which should be eind voce, as it would be dreaded by "crams,' who, consequently, would never think of going in for it, is well worthy of consideration, and would, I believe, be favourably looked upon by most law students. The question is, how to get the powers that be to appoint or order such an examination P I should suppose that the first step would be to petition the Incorporated Law Society, but before doing this the opinions of other students ought to X. Y. Z. Old-square, Lincoln's-inn, Aug. 27, 1870. ARREARS-MARYLEBONE COUNTY COURT.Your notice last week of the state of arrears in the Marylebone County Court, ought to produce some remedy. In confirmation of what you say I may state that I attended that court on the 22nd July, when the cause in which I appeared was in the day's list. It was not reached, and was adjourned until Aug. 1, when it was to be taken a twelve o'clock. I attended the whole of that day, but the cause was again not reached. It was ad journed till the ith and arain not reached, it now 4, Child's-place, Temple. ABSCONDING DEBTORS' ACT.-This new Act has lately been noticed before Mr. Justice Willes at chambers. Absconding debtors had certainly been treated very easily by the Bankruptcy Act of last year. Under the o1 law a creditor exceed ing 201, showing reasonable ground for believing that his debtor contemplated leaving England, could generally obtain a judge's order for arrest the same day. I think it is much to be regretted that the Debtors' Act 1569 s. 6. changed all this, by altering the amount of debt to 50%., and adding the condition that the debtor's absence will materially preindice the plaintif in the prosecu tion of his action." Practically this condition has deprived creditors of the useful power of detention. By the short Act passed last session" to facilitate the arrest of absconding debtors," an attempt was made to relieve creditors. This statute enacts that the court, that is the London Bankruptcy Court, or any County Court with bankruptcy powers, “after a debtor-summons has been granted in the manner prescribed by the Bankruptcy Act 1869, and before a petition can be presented, may direct the immediate arrest of the debtor, when it appeared to the court that there is probable reason for believing that he is about to go abroad with the view of avoiding payment of the debt for which the summons has been granted, or of avoiding service of a petition of bankruptcy, or of avoiding appearing to such petition and examination in respect to his affairs, or otherwise avoiding, delaying, or embarrassing proceedings in bankruptcy." This looks strong against the debtor, but in actual practice will be found very different from the "capias," and to give creditors adequate power against absconding debtors, I would suggest the amendment of sect. 7 of the last Bankruptcy Act, which requires as a preliminary to the issue of a debtor summons, "That the creditor has failed to obtain payment of his dect, after using reasonable efforts to do so." As the debtor summons is intended to have the incidents of a common law writ, as well as compelling an act of bankruptcy, I submit that a written demand, as under the Acts of 1849 and 1861, ought to entitle the creditor to such summons, and upon proof of debtor's intention to leave the country, even this demand might safely be dispensed with. There is also an amendment in cases of arrangement out of court, which I think would be valuable, particularly in small cases, in which I know from experience few creditors take the trouble to attend, or be represented at meetings under the Act. I mean in the majority to bind absent or dissenting creditors. This, by the Acts of 1861 and 1868, required the same majority as nowthree-fourths in value and a majority in number, but of all the debtor's unsecured creditors, as proved by affidavit. Now, the same majority of creditors happening to be present personally or by proxy at the meeting, suffices to carry a resolution binding on all. Probably this alteration was accidental; anyhow I consider that a dissenting creditor can only fairly be bound by the required majority of the whole body of his co-creditors. G. MANLEY WETHERFIELD. 1, Gresham-buildings, 31st Aug. THE BANKRUPTCY ACT 1869.-Some time ago a creditor took from one of his debtors an assignment of a policy to secure a debt, and the debtor has recently filed his petition under the liquidation clauses. Rule 272 stipulates that a secured creditor, previously to being allowed to prove or vote, shall assess the value of his security and be deemed a creditor for the balance only, after deducting such assessed value; and, in cases of liquidation, any balance to be produced beyond the amount of such assessed value is to be paid over to the trustee, who is also empowered to redeem the security at any time before realisation of the payment of such assessed value. On the above facts, with reference to the said rule, the following questions arise: 1. Supposing the creditor's debt to be 5007., and he holds, as assignee, a policy on the debtor's life for 1000l., the surrender value of which is 2001., and he (the creditor) proves for 300., would the trustee, in the event of the death of the assured (the debtor), be entitled to the amount payable on the policy less the 2001. ? 2. Or would the trustee, in the event of the creditor proving, be entitled to redeem the security on payment of the present assessed (surrender) value of the policy? X. Y. Z. SUBLETTING-BANKRUPTCY.—I should like to hear the opinions of your learned correspondents on the two following points, which have lately been under my notice :-First, if a lessee lets his house furnished, without asking landlord's consent, is it a breach of the usual covenant not to "assign, underlet, or in any way part with," &c., without consent? Secondly, if a man lets his house furnished, and the tenant becomes bankrupt, does the furniture pass under his bankruptcy, as being in his order and disposition? My impression is, that both questions must be answered in the affirmative, and that a great number of persons in London act every year as if the reply would be in the negative. Q. Z. THE BANKRUPTCY ACT 1869-Costs.-I am extremely obliged to Mr. Salaman for answering my letter, and beg to inform him that before I read his reply the court was moved upon the question of costs, and his Honour held that rule 292 only referred to sect. 125, paragraph 12, of the Act, and refused to allow me the costs prior to the bankruptcy. Would Mr. S. kindly give me his opinion upon the ruling of the judge. For my own part, I feel inclined to appeal. W. P. A. Queries. 67. INTESTACY RIGHT OF REPRESENTATION.Amongst the answers to the Final Examination questions contained in the LAW TIMES of last week, I find the twenty-third question-"If a man dies intestate, leaving a sister, three children of a deceased sister, and a grand son of another deceased sister, how does his personal property descend ?"-answered as follows: The sister and the grandson of a deceased sister will take one-third each of the personalty, and the three children of a deceased sister will take the remaining third equally." Now, by the 22 & 23 Car. 2, c. 10, it was enacted that there shall be no representatives admitted amongst collaterals after brothers' and sisters' children: (Williams' Executors and Administrators, part 3, book 4, c. 1, s. 4.) Again, in Williams on the Law of Personal Property, it is stated, "Beyond brothers' and sisters' children, no right of representation belongs to the children of relatives with respect to the shares which their deceased parents would have taken." According to these authorities, then, would not the correct answer to the question be, that the surviving sister would take one moiety, and the three children of the deceased sister the other moiety equally between them, and that the grandson would take no share of the personalty? J. Z. Answers. (Q. 62.)-EXECUTION OF DEED.-The deed would be valid if executed by the party referred to alone, if delivered as his act and deed, without any witness being present to attest the same (unless it be an instrument made in the exercise of a power of appointits due execution it would be advisable to have it ment), but for the purpose of preserving testimony of executed by the party referred to at Pietermaritzburg in the presence of and attested by a notary public, who will grant an act with his official seal attached, to the party executing it, and this is usually certified by the governor of the colony or by a consul. S. C. W., Fairford. (Q. 63.)-OFFICER'S WIDOW-PENSION-LIABILITY FOR HER DEBTS.-If the querist be what his signature imports, he ought to be cognisant of the law upon the question he propounds. You have my address Mr. Editor, and are at liberty to give it him if he be a solicitor, and if he communicates with me direct, I will answer his queries per letter. S. C. W., Fairford. ΤΟ UNDERLET (Q. 64.)-LEASE-COVENANT NOT UNDERLEASE-The covenant entered into by the lessee is one that runs with the land, and is binding upon the covenantor's assigns, and extends as well to a mortgage as to any other species of assurance. S. C. W., Fairford. (Q. 65.)-WILL-REVERSION.-This question appears to have been inserted by a non-legal querist. If otherwise, you may answer him as per my reply to question S. C. W., Fairford. No. 63. MARAVILLA COCOA FOR BREAKFAST.-The Globe says: "Taylor Brothers' Maravilla Cocoa has achieved a thorough success, and supersedes every other cocoa in the market. For homoeopaths and invalids we could not recommend a more agreeable or valuable beverage." Sold in packets only by all Grocers, LAW LIBRARY. An Apology for the Present System of Conveyancing, as contrasted with those of Registration_and Record of Title. By H. W. B. MACKAY, Esq., LL.B., Barrister-at-Law. London: Long mans. His THE object of this pamphlet is stated in the preface to be to contrast the present system of conveyancing with the "Reforms," which after floating before the Profession for half a century have culminated in the "Bill to facilitate the Transfer of Land," and to show that while neither system is perfect, perfection might be attained by the present if it were subjected to certain unessential modifications, but could not, under any conditions, be attained by the proposed substitute." The method of the work is, first, to state the objects which appear to the writer desirable in the practice of conveyancing; secondly, how far the present system is in accordance with the proposed reform; and, thirdly, to criticise the proposed alterations. The rootidea is, that the outcry for change proceeds from the non-legal public, and that its true cause is their ignorance of the nature of the existing system, and that if accurate information on the subject could be conveyed to them, in an intelligible manner, their views would be altered. The writer very ably explains his, and at the each point in it against the arguments that same time in a cool and logical manner defends have been advanced by law reformers. suggestions of alterations in the present law of conveyancing would, it appears, attain most of the advantages which could accrue from recording title without the counterbalancing disadvantages of increased expense, and a complete unsettlement in the law, and consequent costly litigation. He thinks that one great part of the expense of our present system is due to the necessity of compensating conveyancers for their labour and time involved in its study; that reform should commence with substantive laws; and that those technical doctrines relative to the limitation of estates, which are so unsuited to modern society, should be swept away, and law and equity reduced in this respect to uniformity. But he contends that it is a principle of natural jurisprudence that formalities sufficient to insure deliberation, clearness of expression and publicity (so far as subsequent purchasers are concerned) should be required for the transferring of estates, so as to affect third persons, while as between the vendor and purchaser themselves, any instrument, however informal, should be sufficient, and that the distinction between the formalities necessary to a legal and those necessary to an equitable alienation, is the exponent in law of this principle, and should therefore be retained, and even more distinctly marked than at present. The author's remarks on this portion of his subject are well deserving of consideration. He enters at length into the doctrine of constructive notice, which he contends should not be abolished, but rendered less severe on purchasers, and more strictly defined, and he freely enlarges on the proposed emendations, and makes others, to which space does not permit us to allude. The concluding part, shows by the exespecially by that of Tottenham's Estate, the gross ample of the Irish Landed Estates Court, and injustice wrought by indefeasible titles, against which in every form the writer strongly protests. The work contains a full index. It is not only an instructive contribution to the law of titles, but also an able critique on the present practice of conveyancing at large, and may worthily fill a place on every conveyancer's bookshelf. ECCLESIASTICAL LAW. Mr. Fraser, of Alton, has come forward with an explanation of Mr. Bruce's withdrawal of the Lectionary Bill, which certainly attributes to the Home Secretary an unusual respect for the sacredness of the British constitution. Arguing from a passage in the introduction to "Blackstone's Commentaries," Mr. Fraser concludes that, strictly speaking, any alteration in the Liturgy of the Church of England, unless with the consent of the church, collectively or representatively given, would be an infringement of the fundamental and essential conditions of the union. Such consent has not been formally given, and hence Mr.Bruce's inaction. The public has been disappointed and the printers have suffered loss, but the fundamental laws of the country have been preserved intact. There is, indeed, one difficulty in the matter with which Mr. Fraser does not deal. He has not told us how the consent of the church is to be obtained, for, we presume, he is not bold enough to assert that Convocation in its present form is a representative body. There seems some inconsistency in maintaining, on the one hand, that clergy and laity constitute the church; but, on the other hand, that the clergy (or rather the beneficed clergy) shall alone have any part in the ecclesiastical council of the nation. the principal law books you have studied. A. LEGAL EXAMINATION.-Q. Mention some of Hoyle's Laws of Whist, Cribbage, &c., and Laws of Cricket. Q. What is a real action? A. An action brought in earnest, and not by way of a joke. Q. What steps would you take to dissolve an injunction? 4. I should put it in very hot water, and leave it there till it melted. Q. What are postnuptial articles? A. Children. Q. What is simple larceny? A. Picking a pocket of a handkerchief, and leaving a purse of money behind. Q. What is grand larceny? A. The income tax. Q. How is the property of a bankrupt disposed of? 4. The lawyers and the other legal "functionaries divide it among themselves. LEGAL NEWS. CLIENT'S LAW.-At the Portsmouth County Court, an eccentric and talkative little man, wearing a white blouse, was plaintiff in a case, and having proved the delivery of the goods, and that the defendant was in receipt of good wages, the Deputy-Registrar asked him for what order he Mr. Cousins: He means forthwith. (Loud laughter.) asked.-Plaintiff: Verbatim. THE PUBLIC SCHOOLS ACT AMENDMENT.Among the last Acts was one to amend the Public Schools Act 1863, certain powers of making statutes and regulations, and of proposing schemes, were vested in the new governing bodies of the several schools to which the statute applied. The powers were to pass to the special commissioners appointed by the Act. The powers in the new governing bodies would, unless otherwise provided by Parliament, on and after the 1st Jan. 1867, pass to the special commissioners. It has been deemed expedient to postpone the transfer of the powers to the special commis sioners, and to continue for a further time the Powers of the special commissioners. It is now governing bodies shall continue vested in such declared that the powers vested in the new bodies until the 1st July 1871, and from and after that day shall pass to and vest in the special commissioners, as mentioned in the recited Act. All the powers conferred on the special commissioners shall be in force to the 31st July 1872, and Her Majesty may continue the same to the end of the year. PROMOTIONS & APPOINTMENTS [N.B.-Announcements of appointments being in the nature of advertisements, are charged 28. 6d. each, for which postage stamps should be inclosed.] Mr. J. H. Tilly, of the firm af Tilly and Thomas, Public Accountants, 1, Circus-place, E. C., has been Bacon, Official Mining Company, the Santa Clara Silver Lead appointed by Vice-Chancellor Liquidator of the Vale of Rhadol Silver Lead Mining Company, and the Lisburne Consols Silver Lead Mining Company. THE GAZETTES. Bankrupts. Gazette, Aug. 26. To surrender at the Bankrupts' Court, Basinghall-street. ALLEN GEORGE WILLIAM, china dealer Chalk Farm-rd, Haver stock-hill. Pet. Aug. 22. Reg. Brougham. Sol. Barnett, New Broad-st. Sur. Sept. 15 AMOS, JAMES, metal dealer, Bunhill-row, Old-st, St. Lukes. Pet. JUCH, ERNEST, journalist, Crane-ct, Fleet-st. Pet. Aug. 23. Reg. Brougham. Sols. Lumley and Co., Old Jewry-chambers. Sur. LEIBICH, IMMANUEL, professor of music, Princes-sq, Kennington- To surrender in the Country. BLACKBURN, THOMAS, SCHOFIELD, RICHARD HOLLAND, and SCHOFIELD, MATILDA, cotton brokers, Liverpool. Pet. Aug. 24. Reg. Hime. Sur. Sept. 12 COLLETT, THOMAS, victualler, Bridgewater. Pet. Aug. 23. Reg. Lovibond. Sur. Sept. 7 COLLIER, LOUIS FRANCOIS, lace manufacturer, Nottingham. Pet. Aug. 2. Reg. Patchitt. Sur. Oct. 7 GOULD, THOMAS, victualler, Deal. Pet. Aug. 23. Reg. Callaway. GREEN, WILLIAM COLTMAN, boot manufacturer, Bradford. Pet. HARDWICK, WILLIAM, draper, Swindon and Cricklade. Pet. Aug. 19. Reg. Townsend. Sur. Sept. 7 JAMES, EDMUND, bridle cutter, Walsall. Pet. Aug. 22. Reg. Clarke. Sur. Sept. 7 LLOYD, THOMAS HOWELL, grocer, Llanfynydd. Pet. Aug. 8. Reg. Lloyd. Sur. Sept. 7 RISTE, THOMAS, commission agent, Nottingham. Pet. Aug. 24. Reg. Patchitt. Sur. Sept 9 STATHAM, GEORGE, jeweller, Hanley. Pet. Aug. 22. Reg. Challinor. Sur. Sept. 10 Gazette, Aug. 30. BALMFORTH, HENRY, woollen manufacturer, Elland; Sept. 8, at eleven, at offices of Sols., Messrs. Chadwick, Dewsbury BARNES, ROBERT, Joiner, Blackburn; Sept. 6, at eleven, at offices of P. F. Turner, Blackburn. Sols., Beck and Swift, Blackburn BATH, EDWARD JOHN, printer, High-st, Whitechapel, and Snakes-la, Woodford; Sept. 12, at two, at office of Mr. Klinck, accountant, Bishopsgate-st-without. Sol., Benny BENNET, JOHN, Coal merchant, Eagle - wharf, Wandsworth; Sept. 9, at twelve, at the Monarch Hotel, Agar-st, Strand. SoL, Charlton, Blucher-rd, Camberwell BILTON, JOHN, no occupation, Linton-ter, Bow; Sept. 9, at three, at offices of Bath and Co., King William-st BLACKBURN, THOMAS, draper, Preston; Sept 14, at two, at offices of Sol, Edelson, Preston BRICE, HENRY, artist, Exeter, Sept. 7, at twelve, at offices of J. O. Harris, Wruford, and Co., accountants, Exeter. Sol., Fryer BULLEN, WILLIAM, hatter, Romford; Sept. 10, at three, at offices of H. T. Thwaites, Basinghall-st. Sol., Dobie CADOGAN, DANIEL, painter, Cardiff; Sept.7, at two, at the White CHANNON, WILLIAM, grocer, Ottery Saint Mary; Sept. 12, at CROWTHER, RICHARD, furniture dealer, Tipton; Sept. 9, at eleven, at offices or Sol., Travis, Westbromwich DALTON, SAMUEL, cheesemonger, Great Suffolk-st, Borough; Sept. 8, at twelve, at offices of Nicholls and Leatherdale, accountants, Old Jewry-chmbs DANE, THOMAS, tea dealer, Great Tower-st-bldgs, and Commercial-st, E.; Sept. 19, at twelve, at offices of Sols., Harper, Broad, and Manby, Rood-la DAVIES, CLAUDIUS CHARLES, builder, Bracknell; Sept. 8, at twelve, at the Hind's Head Inn Bracknell DEE, WILLIAM, newspaper correspondent, Chant-sq, Stratford, par West Ham; Sept, 8, at two, at offices of Sols., Messrs. Paterson and Garner, Bouverie-st. Fleet-st EVANS, ANN, grocer, Merthyr Tydfil; Sept. 9, at one, at offices of Sols., Simons and Piews, Merthyr Tydfil GREENWOOD, ROBERT BENJAMIN, meat salesman, Metropolitan Meat and Poultry Market; Sept. 14. at two, at office of H. A. Dubois, accountant, Gresham - bldgs, Basinghall- st. Maynard, Clifford's inn Sol., GRINGER, WILLIAM JAMES, engineer's clerk, Plumstead-cottage, GUILFORD, THOMAS HENRY, manager, Manchester; Sept. 15, at three, at offices of Sols, Sale, Shipman, Seddon, and Sale, Manchester HAIGH, WILLIAM, fancy manufacturer, Denby Dale; Sept. 15, at eleven, at the County Court, Huddersfield. Sol., Freeman, Huddersfield HARPER, RICHARD WILLIAM, cotton spinner, Barrowford, par Whalley; Sept. 8, at four, at office of Sols., Rawson, George, and Wade, Bradford HARRIOTT, GEORGE, paper box manufacturer, Birmingham; Sept. 9, at two, at office of Sol., Waltord, Birmingham HARRY, THOMAS, haulier, Wenvoe, near Cardiff; Sept 8, at eleven, at office of Sol., Morgan, Cardiff HEBBLETHWAITE, JONATHAN, saddler, New Mill, near Huddersfield; Sept. 9, at three, at the Ramsden's Arms Inn, Cross Church-st. Huddersfield. Sol., Armitage HERBERT, THOMAS, out of business, Pontypool; Sept. 9, at one, at the Queen's Hotel, Newport. Sol., Cathcart HITCHEN, BENJAMIN, out of business, Birmingham; Sept. 9, at twelve, at offices of Sol., Harrison, Birmingham HOGAN, JOSEPII, tailor, Birmingham; Sept. 9, at three, at the Acorn Hotel, Temple-st, Birmingham. Sol., Maher HOLDEN, GEORGE, warehouseman, Friday-st, Cheapside; Sept. 13, at eleven, at the Chamber of Commerce, 145, Cheapside. Sol., Sturt, Ironmonger-la HOLT, RICHARD, watch maker, Stockport; Sept. 13, at three, at the White Lion Hotel, Great Underbank, Stockport. Sols., Cobbett, Wheeler, and Cobbett, Manchester HOPEWELL, EDWARD, furniture polish manufacturer, Sheffield and Upperthorpe; Sept. 8, at three, at the Canton works Upperthorpe. Sol., Machen, Sheffield HUTCHINSON, ALEXANDER, tailor, Bristol; Sept. 7, at one, at office of W. H. Williams and Co., accountants, Bristol. Sols., Press and Inskip, Bristol IVIMEY, CHARLES, tailor, Southampton; Sept. 10, at twelve, at office of Hitchcock, Hocking, and Ridley, woollen warehousemen, Gresham-st. Sol., Killby, Southampton JOHNSON, BENJAMIN, tailor, Belsay; Sept. 7, at one, at offices of JONES, JOHN, victualler, Birmingham; Sept. 9, at twelve, at office of W. H. Griffin, Birmingham KAY, JOHN, clogger, Ramsbottom; Sept. 9, at eleven, at offices of Sols, T. A. and J. Grundy and Co., Bury. Sols., Richardson and Dowling, Bolton, agents for T. A. and J. Grundy KING, JAMES, fish curer, Great Yarmouth; Sept. 8, at eleven, at office of Sol, Wiltshire, Great Yarmouth KNOPFF, AUGUST LUDWIG RUDOLPH, watch maker, Buxton, par Bakewell; Sept. 9, at two, at the Shakespeare Hotel, Buxton. Sol., Machen LEE, THOMAS, boot manufacturer, Warrington; Sept. 2, at three, at the County Court, Warrington. Sols., Nicholson and White, Warrington LEIBINS, EMIL HENRY, leather merchant, Tower Royal, and MC KAY, JOHN COWAN, credit draper, Whitstone; Sept. 6, at two, MORRIS, THOMAS, wine merchant, Teignmouth, and Exeter; Sept 9, at one, at the Queen's Hotel, Queen-st, Exeter. Sol., Friend PHILLIPS, DANIEL, grocer, Pembroke Dock; Sept. 9, at three, at 16, Pembroke-st, Pembroke Dock. Reg., Lloyd PICKARD, JAMES, innkeeper, Sheffield; Sept. 5, at twelve, at office of Sol, Wightman, Sheffield POTTER, WALTER, corn dealer, Great Portland-st; Sept. 14, at 3, at the offices of Sols., Messrs. Gold, Serjeant's-inn, Chancery la PUGH, JOHN FLESHER, grocer, Soho-st, par Handsworth; Sept. 15, at three, at offices of Sol., Rowlands, Birmingham RUSSELL, THOMAS, Victualler, Worthing; Sept. 10, at twelve, at the Railway Inn, Pulborough. Sol., Mant, Storrington SEARGES, WILLIAM ROWLAND, tea merchant, Great Tower-st; Sept. 14, at three, at offices of Sols., Lewis, Munns, Nunn, and Longden, Old Jewry SELLENTIN, ERDMANN, coal exporter, Sunderland, and Seaham Harbour; Sept. 8, at twelve, at offices of Sol., Dixon, Sunderland SHAW, JOSEPH, hatter, Sheffield; Sept. 7, at twelve, at office of Sol., Tattersall, Sheffield SHORT, ROBERT, hoemaker, Kington; Sept. 14, at three, at the Talbot Inn, Kington. Sol, Page, Hay SMITH, JOHN, timber merchant, Manchester; Sept. 9, at three, at offices of Sols., Messrs, Heath, Manchester STEVENS, WILLIAM TEMPLE, merchant, Liverpool; Sept. 8, at four, at office of J. S. and R. Bleuse, accountants, Liverpool. Sels., Evans and Lockett, Liverpool STRATFORD, HENRY, music seller, Sandringham-rd, Dalston; Sept. 8, at three, at offices of Sol., Tatham, Great Knightriderst, Doctors'-commons STRINGER, GEORGE MARSHALL, commission agent, Underwood, par Plympton Saint Mary, and Plymouth; Sept. 13, at eleven, at office of Sols., Greenway and Adams, Plymouth THACKER, GEORGE, paper manufacturer, Afonwen, near Holy. well, and Castle Donnington; Sept. 8, at three, at offices of Sol., Sampson, Manchester THOMAS, DAVID, builder, Croydon; Sept. 19, at twelve, at offices of Eagleton and Mason, Newgatest. Sol., Eagleton, Newgate-st THOMSON, ALEXANDER CHARTRES, commission merchant, Mark-la; Sept. 7, at twelve, at offices of L. C. Alexander, accountant, Fi con-ct, Fleet-st. Sol., Copp, Essex-st, Strand TOWNSEND, Jo11N, worsted spinner, Elland, par Halifax; Sept. 10, at four, at offices of Sols., Holroyd and Sunth, Halifax TURNER, GEORGE, grocer, Preston; Sept. 7, at two, at office of Sols., Cunliffe and Watson, Preston UNDERHILL, JAMES, out of employment, White Lion-st, par Clerkenwell, Sept. 3, at eleven, at 1, Greshamn-bldgs, Basinghall-st. Sol., Doble, Bisinghall-st VENABLES, GILBERT, journalist, Burton-crescent; Sept. 17, at WALKER, JOHN CHEW, Woollen manufacturer, Crossley, and WILBY, PHILIP SCOTT, rag merchant, South Ossett, par Dewsbury, Sept. 6, at three, at offices of Sols., Mainwright, Mander, and Witham, Wakefield WOLFENDEN, JAMES RAWSTHORNE, and WOLFENDEN, HENRY, cotton spinners, Bolton; Sept. 8, at twelve, at the Clarence Hotel, Spring gardens, Manchester. Sols., Rowley, Page, and Rowley WOLFENDEN, JOHN PILKINGTON, stock broker, Bolton, and Manchester; Sept. 8, at three, at the Clarence Hotel, Springgardens, Manchester. Sols., Rowley, Page, and Rowley Gazette Aug. 30. ADUTT, LEON MARCO, agent, Mark-la; Sept. 15, at twelve, at the offices of Mr. Benjamin Nicholson, 7, Gresham-st. Sol., Montagu, Bucklersbury ARETON, JOSEPH CHRISTIAN, stuff manufacturer, Bradford; ASTWOOD, EDWIN GRAY, warehouseman, Poultry, and Harrow- BUCKMASTER, JAMES GEORGE, glass merchant, Bread-st-hill; Sept. 14, at eleven, at the offices of Sols., Howard and Co., Poultry BULLOWS, RICHARD, builder, Aston juxta Birmingham; Sept. 12, at ten, a 30, Bennett's-hill, Birmingham. Sol., Parry CARTER, JOHN, builder, Testerton-st, Notting-hill; Sept. 12, at twelve, at the offices of Sol., Smith, Great James-st, Bedfordrow CHADWICK, JOSEPH, and CHADWICK, BENJAMIN, stone merchants, North London Stone Wharf, Maiden-lane Station; Sept. 8, at one, at Mullin's Hotel, Ironmonger-la. Sol. Scott, South-sq, Gray's-inn CHEESEBROUGH, WILLIAM; TEE, SAMUEL LAYCOCK; and CHEESEBROUGH, JOHN EDWARD, Woolstaplers, Bradford; Sept. 9, at eleven, at offices of Sols., Rawson, George, and Wade, Bradford CHILTON, WILSON, jun; CHILTON, WILLIAM; SIDGWICK, MICHAEL: SIDGWICK, GEORGE; and BLANCH, WHEATLEY, shipbuilders, North Hylton, near Sunderland; Sept. 12, at twelve, at offices of Sols., Messrs. Kidson, Sunderland COCKROFT, JEREMIAH, and COCKROFT, JOSEPH, stonemasons, Halifax; Sept. 15, at three, at offices of Sol., Storey, Halifax COLLYER, WILLIAM, and SHOHL, CHARLES PHILIP, wholesale stationers, Jewin-st; Sept. 13, at twelve, at the offices of Barnard and Co., 3, Lothbury. Sol., Smith COOK, JAMES WILLIAM, furniture dealer, Westbourne-pk-rd, Bayswater, and Oliver-ter, Harrow-rd; Sept. 20, at three, at offices of Sols., Lewis and Lewis, Ely pl, Holborn COULSON, WILLIAM, grocer, Brigg, Sept, 9, at twelve, at the George Hotel, Kingston-upon-Hull. Sol., Freer, Brigg CROSLAND, CHARLES, out of business, Sandal Magna; Sept, 20, at two, at offices of Sol., Barratt, Wakefield CUMMING, THOMAS MORRIS, confectioner, Truro: Sept. 10, at two, at the offices of Sols., Hodge, Hockin, and Marrack, Truro ELLIOTT, CHARLES TAYLOR, hotel keeper, Exeter; Sept. 13, at eleven, at the offices of Jo. Harris, Wreford, and Co., Gandy-st, Exeter. Sol., Huggins, Exeter ELLIOTT, JOHN, builder, Derby; Sept. 12, at three, at the office of Sol., Moody, Derby FARNSWORTH, JAMES, contractor, Derby; Sept. 9, at three, at the office of Sol., Moody, Derby HACKNEY, BERNARD BATIGAN, factor, Ashton, and Birmingham; Sept. 12, at three, at office of Sol., Maher, Birmingham HALL, JONATHAN, grocer, Sheffleld; Sept. 9, at one, st offices of HEATH, WILLIAM GORDON, journeyman printer, Halifax; JOYCE, EDWARD, printer, Congleton: Sept. 14, at ten, at the KENDALL, DAVID, engineer, Maryport; Sept. 13, at eleven, at the office of Sol., Collin, Maryport KNIGHT, SAMUEL KIRKBY, and TURTON, GEORGE, printers, LEE, JOHN, professor of music, Chesterfield; Sept. 12, at two, at MEASOM, WILLIAM, common brewer, Burton upon Trent; ROWLEY, ENOCH, draper, Brownhills; Sept. 2, at eleven, at offices of Sols., Wright and Marshall, Birmingham SIDEY, GEORGE, ironmonger, The Promenade, Ealing; Sept. 8, at twelve, at the offices of Sol., Grenville, Cornhill SMITH, DOLPHIN, wine merchant, Brighton; Sept. 20, at three at the office of Sol., Lamb, Brighton SPRINKS, CHARLES, builder, Denbigh-ter, Notting-hill; Sept. 16, at one, at the offices of John Macdonald Henderson, 72, Basinghall-street. Sols., Harcourt and Macarthur, Moorgate-st STEPHENS, GEORGE, general mason, Linton-cottage, Bermondsey: Sept. 12, at two, at the offices of Sol, Ditton, Ironmonger-la THOMAS, JONATHAN, brewer, Llantrissint; Sept. 10, at twelve, at the offices of Sols., Simons and Plews, Merthyr Tydf WARD, EDWARD, wholesale draper, Little Bolton; Sept. 9, at eleven, at the Home Trade Association Rooms, York-st, Manchester. Sols., Mrinwell and Pennington, Bolton ZACHARIAH, AARON JOHN, jeweller, Portsea; Sept. 14, at twelve, at office of Harry Brett and Co., Leadenhall-st. Sol., Montagu, Bucklersbury Dibidends. The Official Assignees are given, to whom apply for the Dividends. Armstrong, W. and Rouse, S W. wholesale grocers, first, 4. Gd. At offices of Trust. G. P. P. Thoms, 3, Mansion-pl, Palace-pate, Exeter.-Craven, J. worsted stuff manufacturer, first, 2. 6d. At office of Trust. G. Muller, 29, Brook-st, Braford.-Emerson, J. grocer, first, 18. 9d. Kinnear, Birmingham.-French, C. H. of Radwinter, 2s. 6d, At 26, Trinity-st, Cambridge.--Gittins, T. second Harris, 24. Turner, Liverpool.-Howard, B. farmer, first, 28. Nottingham.-Rib, T. ironmonger, first, 4s. At offices of J. Greener and Co., accountants, 62, Grey-st, Newcastle.—Thomas, J. S. grocer, 28. Gd. At offices of Sols. Messrs. Blagg, Cheadle. Orders of Discharge. Gazette, Aug. 16. UNDER BANKRUPTCY ACT 1961. BAILEY, JOHN, carpenter, Calne UNDER BANKRUPTCY ACT 1869. ASHTON, JOHN, carpenter, Holloway-rd SENDALL, HENRY, Nutfield, and SENDALL, CHARLES, Bletchingley, butchers SHEEN, RICHARD, grocer, Castle Hedingham BIRTHS MARRIAGES, AND DEATHS. MARRIAGES. BRANSON-SCHWABE.-On the 25th ult., at the parish church of Bickley, George Edward Branson, Esq., solicitor, to Juliet, only daughter of Hermann M. Schwabe, Esq., of Chislehurst. CHESTER-SANGER.-On the 25th ult., at St. Bartholomew's, St. Paneras, London, John Chester, Esq., of 5, Old-square, Lincoln'sinn, barrister-at-law, to Lilly Lawrence, eldest daughter of the late William Sanger, Esq., of Essex court, Temple. EVERITT GRAHAM.-On the 24th ult., at West Malling, Kent, Mr. F. W. E. S. Everitt, of Lincoln's-inn, to Melicent I., daughter of the late Mr. J. Graham, of New Barnes. HOLLOND-KEATS.-On the 17th ult., at St. John's Church, Great Stanmore, John Robert Hollond, Esq., M.A., of the Inner Temple, barrister-at-law, to Fanny Eliza, daughter of the late Frederick Keats, Esq., of Braziers, Oxon. PHILBRICK-COCKBURN.-On the 23rd ult., at the Church of St. Stephen the Martyr, Avenue-road, Regent's-park, Frederick Adolphus Philbrick, of Lamb-building, Temple, barrister-atlaw, to Minne, younger daughter of the late James Cockburn, Esq., of 28, Avenue-road. PHILLPOTTS-BULLER-On the 24th ult., at Wimpole, Devon, Mr. W. F. Phillpotts, barrister-at-law, to Gertude C., daughter of the late Mr. T. W. Buller, of Strete Ralegh. PO OCK-I'FEIL.-On the 24th ult., at Stoke next Guildford, Mr. W. A. Pocock, of the Middle Temple, barrister-at-law, to Katharine M., daughter of the late Mr. R. A. Pfeil, of Boxgrove, Guildford. ROBERTSON-RITCHIE.-On the 3rd ult., at Kawatcoor, St. John, N.B., Mr. D. D. Robertson, to Martha, daughter of the Hon. Chief Justice Ritchie, of New Brunswick. VETCH HARDING.--On the 26th May, at Glen Duthie, Pietermaritz burg, Nata', Robert Francis Vetch, Esq., 20th Regt.. to Eliza Allen, third daughter of the Hon. Walter Harding, Lord Chief Justice of Natal. DEATHS. DAVIES.-On the 23rd ult, at his residence, 40, Stock Orchardcrescent, Holloway, aged 53, Thomas Davies, Esq., solicitor, 38, Moorgate-street. DEAN. On the 30th ult., at 43, Wigmore-street, Cavendish square, after three days' illness from erysipelas, aged 30, Mr. Ellis Dean, solicitor, eldest son of Mr. W. W. Dean, of Horbling, Lincolnshire. MATTHEWS.-On the 29th ult., suddenly, at 6, Belitha Villa, Barnsbury, aged 76, Elizabeth Matthews, sister of the late Richard Matthews, serjeant-at-law, of the Middle Temple, and of Histon, Cambrdgeshire NASH. In the prime of life, after long suffering, Sarah, the beloved wife of Mr. C. B. Nash, of Albany. RUSSELL. On the 22nd ult., at Royal Leamington Spa, aged 33, William Vaugham, son of W. Russell, solicito. in the above town SHIELL. On the 24th ult., at Liverpool, two days after his return from Australia by the steamship Great Britain, aged 22, William Shiell youngest son of John Shiell, Smithfield, Dundee, solicitor. WARRICK v. QUEEN'S COLLEGE, OXFORD Right of common-Bill on behalf of freeholders-Frame of suit...... 55 57 GO 63 70 72 76 To Readers and Correspondents. All anonymous communications are invariably rejected. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. ERRATUM. By an error of the press six lines which should have followed the article in last week's number on " Loss by fire caused by sparks from an engine," were ap pended to the leading paragraph on the first page. The lines begin "An American contemporary." THE Law and the Lawyers. THE twenty-fifth half-yearly general meeting of the members and friends of the Solicitors' Benevolent Association, is announced to be held at the Law Library, Small-street, Bristol, on Wednesday, the 12th Oct. next, at ten o'clock a.m., amongst other things, to consider a proposition submitted by the Committee on Law Benevolence: "As to whether this association will receive any sum which the committee can raise, for the purpose of applying the interest according to rules to be fixed by the 347 donors, in aiding the education of the children of poor attorneys and solicitors, without any preference being given to members of this association, it being understood that the help shall be 349 given by granting annual sums to the parents to 347 347 348 345 349 349 330 Adjoining Owners and Boundary Rights ELECTION LAW: Judges' Chambers-The Brecon Election Petition 351 enable them to send their children to schools of their own selection ;" and, if deemed expedient, to pass such a general rule as will enable the directors to accept such trusts as that proposed. ONE of the oldest of our County Court Judges has just died-Mr. JOHN COLLYER-who, when the County Courts were first established, was 353presented by Lord CRANWORTH to the Judgeship of Circuit No. 35, which includes Bedfordshire, 353 Cambridgeshire, Huntingdonshire, the Isle of Ely. The learned Judge also held courts at Biggleswade, Haverhill, Hitchin, Royston, and Saffron Walden. As a lawyer, Mr. COLLYER was well and favourably known in the Profession. In 1840 he published his treatise on the Law of Partnership, which was a standard work on the subject for many years, and which has been republished in America. He was also author of "Reports in the Court of Exchequer from 1833-41, and in the Court of Chancery from 1844-45." Mr. COLLYER succeeded to the family estates in Norfolk on the death of his father in 1857. The deceased was a justice of the peace for the county of 356 Norfolk, and his two elder sons are barristers: the eldest, JOHN MONSEY COLLYER, practising at the Chancery Bar, the second son, WILLIAM ROBERT COLLYER, practising at the Common 358 Law Bar on the Norfolk circuit. 355 Court of Bankruptcy-Petition-B. A. 1861–B. A. 1809, s. 119.. 356 - CORRESPONDENCE OF THE PROFESSION LEGAL EXTRACTS LEGAL NEWS .LEGAL OBITUARY THE GAZETTES....... BIRTHS, MARRIAGES, AND DEATHS TO READERS. 356 357 357 357 358 WE are requested to give our support to what is styled a "Court of Reference." The following is the prospectus of the scheme :-"A court will be held once in every week or oftener as business may require. Chancery Court for equity business will be presided over by a Chancery barrister. Common Law Court, for common law business, will be presided over by a common law barrister. Subscribers can confer with the solicitor and attend the court in person or by attorney. Cases will be heard before a competent barrister and the solicitor of the court. County Court (heavy) fees and one Judge for all branches of the law can now be avoided. Solicitors will be benefited by coming to this court, and can have conferences with the legal representatives; a chamber barrister will be retained. No barrister will be retained permanently for court business, but subscribers and solicitors will have the option of selecting a barrister as referee, the fee to same must be within the range allowed by the court. This court possesses the same advantages as an arbitration reference, but stripped of the heavy costs of same." No doubt our present system of reference to barristers works most unsatisfactorily, owing mainly to the jobbery surrounding it. References fall to the lot of a few barristers nomiEPORTS of all the CASES decided by nated by other barristers; the latter of course For half a year.. For a year 158. 30s. 60s. But to prevent inconvenience, a fortnight's notice of the subscription becoming due will be given to the subscriber. court such as that now proposed would do much to mitigate the evil. What we want is the court foreshadowed by the LORD CHANCELLOR in his judicial reform bills. That we shall get some day, and we prefer to wait for it, and put up with existing grievances in the mean time rather than rush into new schemes which must be promoted for the benefit of a few interested individuals, and not for the good of the public and the Profession. TORTS COMMITTED BY AGENTS. In view of the present state of the discussion respecting the general liability of masters for the acts of their servants, it is well that we should keep before us the inclination of the decisions of our courts in cases where it is sought to make employers, and railway companies more especially, responsible. Cases quite on the border line were reported by us last week, namely, Walker's and Smith's cases against the South-Eastern Railway Company, 23 L. T. Rep. N. S. 14. Of course it is primarily detailed in the report:necessary to consider the facts, which are thus "Smith and Walker were strangers, and on the 30th June 1867, Walker had been dining at Gravesend, and on returning to London by the last train on the defendants' line, complained at Gravesend to the guard of the train, of an influx of third class passengers into his (a first class) carriage. On arriving at the London-bridge station, Walker saw a dispute going on as to a ticket between one of the passengers and the He took some part (verbally) ticket collector. in the dispute, when the collector asked him for his own ticket. This he had just shown to another ticket collector, and he refused to show it again. He wanted to retain the ticket, because it entitled him to go on to Cannonstreet station from another side of the platform. On his refusal to show the ticket, the guard of the train exclaimed, 'This is the man who was making a disturbance at Gravesend,' and one of the servants of the company then seized him by the coat-collar, ran him down an incline, and then gave him a kick which sent him out of the station. Meanwhile Smith and a man called Murphy (who had died before the action was tried) had got involved in a contest with one Antonio, a police officer in the defendants' service, Smith, Murphy, Antonio, and other servants of the defendants then came out of the station and the row became general. Walker was then waiting outside the station, as he wanted to see the station-master to com plain of the policeman who had assaulted him. Antonio, who was drunk, then charged Walker with having assaulted him, and he and other servants of the company then both took Walker and Smith to the police-station, where they charged them with having been drunk and disorderly at the railway station. As the plaintiffs were evidently sober, the inspector refused to take this charge. Antonio then charged the plaintiffs with having assaulted him and obstructed him in the execution of his duty. This charge was taken and on it the plaintiffs were taken into custody and locked up for the night. The next morning they were brought before a magistrate and the charge of assaulting and obstructing the officers of the company being repeated, the plaintiffs were on it committed for trial at the sessions. The company's solicitor appeared against the plaintiffs at the police-station and he instructed counsel to prosecute at the sessions. The plaintiffs were prosecuted at the sessions. and after a long trial acquitted, the foreman of the jury at the same time stating that they did not think any blame attached to the company's servants." ser In the next place it is to be seen what steps the company had taken to protect themselves against the incautious acts of their vants. By one of their rules they give power to their sworn constables to take into custody any person committing an assault upon another in their stations, for the purpose of preventing fights and affrays, "but this power is to be used with extreme caution, and not if the fight or affray is at an end before the constable interferes." This clearly is a direction for the guidance of officers of the company which would not in any way protect them against third persons, towards whom the officers had acted with undue severity in the course of their employment. "If," said Mr. Justice Smith, in giving judgment, "Antonio had acted on behalf of the company, and in pursuance |