its value. I am of opinion that they must fail. It is clear to my mind that there was no unlawful detention or conversion by the defendant at the time when he received the fish and consumed it, for the perishable nature of the article and the trade of the defendant were well known to both parties, and the fish was delivered to him for the express purpose of being consumed. I think, therefore, that the destruction of the article, which, if it had been done wrongfully and with the knowledge that it was not intended for the defendant, would have been perhaps the strongest evidence of a "conversion," in the technical sense of that word, in this case affords no such evidence. When, then, did the conversion or wrongful detention take place? At the time of the redemand, say the plaintiffs. But then there was nothing in existence to convert or detain. The subject matter of the re-demand had been, by what must be taken to be the express consent of the plaintiffs, consumed and destroyed, and had ceased to be in existence or to be represented by any definite value which could be traced. Can, then, this re-demand make the act of the defen dant in receiving and destroying the fish wrongful by relation, it having been lawful and right at the time? No authority has been cited before me to show that it can: I think it cannot, and there must accordingly be a verdict for the defendant. I should add that if I had any reason to suppose that the defendant had dishonestly endeavoured, by availing himself of the plaintiffs' mistake, to obtain his fish without paying for it, I should have been astute to find some means of defeating this endeavour, but it is not suggested that there was any mala fides on the part of the defendant, and I have the satisfaction of thinking that the cnly persons to blame were the plaintiffs for their carelessness, for which they must suffer. BANKRUPTCY LAW. BIRMINGHAM COUNTY COURT. (Before Mr. Registrar CHAUNTLER.) Re WILLIAM MILLS. Application to adjudicate-Prior adjudicationRule 48-Appeal. Young of the Oxford Circuit (instructed by Hodgson and Son), said he appeared on behalf of a petitioning creditor named Warschauer, in support of a bankruptcy petition against William Mills, jeweller, formerly of 42, Vyse-street, which was filed in that court on the 7th of Sept., when a day was fixed for the purpose of hearing the petition. He was now instructed by Messrs. Hodgson and Son on behalf of the petitioning creditor, to prove what was requisite under that petition, and to ask for an adjudication. The REGISTRAR said as there was another adjudication against the same debtor, Mr. Young must appeal, and he referred him to the Act of Parliament, and the 48th rule. Young said he did not intend to say anything about that matter until it was thrust upon him, but as he had now direct or judicial notice of adjudication in bankruptcy against the debtor, and as he had been instructed that something did take the circumstances, and to show that what took place on Saturday, he should be obliged to go into place on that occasion was altogether irregular. The REGISTRAR.—Then you must appeal against the adjudication. Young said he could not appeal, but must ask for an order with reference to his present application. He had carefully looked into Rule 48, and did not see how it applied to his application. It stated, "Where two or more petitions are presented to the same court against the same debtor, or against debtors being members of the same partnership, the petition first presented shall be first heard." Therefore, prima facie, his client having filed his petition on the 7th Sept. the earliest date, was entitled to have it first heard by the court. The rule further stated, "and where such first petition shall not have been served, or where the debtor has not been served, or where debtor shows cause against the petition, or where the delay will be avoided, any other petition which has been served, may be heard. been made. The REGISTRAR.-The adjudication has already Young. But I say the court had no power to make the adjudication. The REGISTRAR.-The court has done it. to be set aside. Young said he applied to the court to alter its own order, which was irregularly obtained. He failed to see any ground which enabled the court to make an adjudication upon the petition, which was only filed on Saturday last, whereas the petition of Mr. Warschauer was filed as early as the 7th Sept., and a day apointed for its hearing. It appeared that the debtor filed a petition for composition or liquidation by arrangement in February last, when the creditors agreed to accept 6s. in the pound, the last instalment to be secured. The first instalment was paid, and no more, and on the 31st Aug. the debtor filed a second petition for liquidation or composition by arrangement. A day was appointed by the court for the first meeting of creditors, in order to see what resolution they would come to, and between the filing of the liquidation petition and the day of meeting the petition of Mr. Warschauer was filed. The meeting of the creditors took place on Friday last, and did not conclude until after four o'clock, when it was too late for any proceedings in the ordinary or regular mode to come before the court, inasmuch as no resolution was passed by the creditors. Mr. Wenham, who was appointed receiver under the liquidation petition, was no longer connected with the proceedings in consequence of the neglect on the part of the creditors to come to any resolution, and it then became essential for the interest of the creditors, particularly under the petition in bankruptcy of the 7th Sept., that a new receiver should be appointed. His client accordingly prepared the necessary papers to make application to the court on the first available opportunity. Mr. Hodgson came across to the court at a few minutes to ten on Saturday morning, and, after waiting two minutes, walked across the street, and returned at two minutes to ten. The door of the room in which the regular business of the court was transacted was locked, and being determined to be the first in the building he waited with his back against the door until Mr. Butcher, the deputy registrar, came into the lobby. Upon Mr. Butcher tapping the door it was opened, and Mr. Hodgson walked into the room. It was then exactly two minutes past ten. Mr. Rowlands, Mr. James, and others followed him into the room, and he (Mr. Hodgson) handed to Mr. Butcher his application for the appointment of a receiver, verified by affidavit, which was not sworn, but was signed, and Mr. Hodgson had the Testament in his hand ready for the administration of the oath. Mr. Butcher then informed Mr. Hodgson that he was too late, inasmuch as another petition in bankruptcy had been filed, and that the debtor had given a written consent to the adjudication forthwith. Mr. Hodgson remarked that it was impossible that he could be too late, and Mr. Butcher said another petition had been filed by Mr. Rowlands. Mr. Butcher wrote across his (Mr. Hodgson's) papers, fused, prior application having been made," and Mr. Hodgson then wrote an application to search the proceedings alleged to have been filed by Mr. Rowlands, and he then found that the petition and all the papers were unstamped, and that there was no mark of the hour at which the petition was filed. On calling attention to these facts, Mr. Butcher said the endorsement had been made in proper time, and that the stamps had been lodged with him. Mr. Young then contended that what occurred, giving credit for the bona fides in relation to the matter so far as it was possible to do, was substantially an evasion of the law as it now stood, and an attempt, successful so far, to obtain what the law had done away with and repealed by the present enactments. Under these circumstances and that the 48th rule did not apply to the case. he said the jurisdiction was irregularly obtained, He, therefore, asked the court to grant adjudication upon the petition filed on behalf of Mr. Warschauser. Mr. Hodgson was ready to prove on oath the facts he had stated. 66 Re The REGISTRAR said that if Mr. Hodgson proved every word Mr. Young had stated, it would not make the slightest difference to his judgment. A petition had been filed, upon which adjudication had been made, and that adjudication was subject to be set aside by Mr. Free, or any other person who had any complaint to make against it. The 48th rule also said, "If the court should make adjudication thereon, the court shall, after the expiration of the time allowed for appeal against the adjudication. dismiss all other petitions," and the only course to be adopted was to apply to the court to set aside the adjudication, or to appeal to the Chief Judge. He refused to adjudicate upon Mr. Warschauer's petition. Hodgson then stated on oath the facts of case, also a petitioning creditor against the debtor, was as given by Mr. Young, and Mr. Free, who was likewise examined. Rowlands thereupon said that his papers were regularly and properly filed after ten o'clock on Saturday morning. So far as the officers were concerned, everything was regularly and properly done, and if his friends objected to the proceedings, let them get rid of them in a proper way. Hodgson remarked that he had brought these proceedings before the court out of a sense of duty, and had not the slightest feeling in the matter. He was supported in what he was doing by some of the best professional men in Birming ham, and although his Honour had thought prope r to refuse the adjudication, he should not let the matter drop, but it would be taken elsewhere. The REGISTRAR.-As I said before, I cannot adjudicate on your petition. HALIFAX BANKRUPTCY COURT. (Before Mr. Registrar RANKIN, sitting for the Judge.) Re WILLIAM FAIRFOOT, in Liquidation. Practice-Order to file cash account-For what THIS was a motion on behalf of the trustee for an period. order upon the debtor to file a cash account for three years preceding the petition for liquidation. England for trustee. Foster for debtor, opposed the motion, and questioned the power of the court to make the order, also arguing that, as the debtor kept no books he could not furnish an account if ordered; and, further, that as the debtor stated that two years ago he was solvent, the period asked for was un reasonable. The REGISTRAR.-I have no doubt whatever as to the power of the court to make the order under sect. 19 of the Act, which must be read so (see sub-sect. 7 of sect. 125). As to the period for as to apply to liquidation as well as bankruptcy which an account may be ordered, I am not practice, and I consider that point entirely within aware that it has been limited either by law or in the discretion of the court. There is an old case (Perrot's reported in Burrell) in which the conduct of the bankrupt during nine or ten years seems to have been inquired into. I think that is an extreme case, and, looking at the fact that a times within such a period, it seems unreasonable man may be insolvent and solvent again several to rake up transactions so far back. As the debtor here states that he was solvent two years ago, I shall not order him to carry the account further back than that. I think the objection that he has kept no books is premature and ought not to avail. He should furnish an account to the best of his ability, and its sufficiency or insufficiency may be examined into afterwards. Örder made for debtor to file cash account for two years previous to his petition. LEGAL NEWS. BIRKBECK LITERARY AND SCIENTIFIC INSTITUTION, Southampton-buildings,Chancery-lane.This institution has just issued its prospectus for the winter session. Numerous and well organised classes in language, history, mathematics, physical and mental science, art, &c., are open to both ladies and gentlemen. A legal department has been added, comprising equity, conveyancing, and common law. Arrangements have also been made by which a complete course of technical instruction can be obtained. This will be most valuable for students preparing for the examinations for the Whitworth Scholarships. A Civil Service class has also been formed to prepare candidates for the open competitions for Government appointments. The hours at which the classes meet will be found to be very convenient to those engaged in business during the day, while the fees are so moderate as to be within the reach of all. The list of lectures contain the names of several of the most eminent occupants of the platform. The library has been greatly improved, and the reading room is well supplied with current literature. CORRESPONDENCE OF THE PROFESSION. NOTE. This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. or 1867 (30 & 31 VICT. c. 142) MAY DEFEATED. From a decision of Quain, J., in Chambers, in a matter of Lucas v. Cape and Garnishee, it would seem that if a judgment creditor of A. B. proceeds against a garnishee who disputes his indebtedness, but against whom a judgment is obtained for any sum, be it under above £20, the judgment-creditor in his character of plaintiff is entitled to his full costs of suit, notwithstanding the provisions of the 5th section of the above Act, which is as follows: "If in any action commenced after the passing of this Act in any of Her Majesty's Superior Courts of Record, the plaintiff shall recover a sum not exceeding twenty pounds if the action is founded on contract, or ten pounds if founded on tort, whether by verdict, judgment by default, or on demurrer, or otherwise, he shall not be entitled to any costs of suit unless the judge certify on the record that there was sufficient reason for bringing such action in such Superior Court, or unless the court or a judge at chambers shall by rule or order HOW THE COUNTY COURT AMENDMENT ACT BE AND IS allow such costs." The judge remarked that the matter was past all argument. So it certainly must be considered, if the judge were correct, and allowing such the law is past all endurance. But it surely could not have been the intention of the Legislature when they passed the above sensible and salutary statute! However, the facts may somewhat enlighten the reader. The judgmentcreditor claimed to attach a debt said to be due from me to the judgment-debtors of £30 4s. 4d. to the extent of £26 4s. 9d. Such debt was disputed and writ issued by order of one of the masters under the 64th section of the Common Law Procedure Act 1854. After issue joined, the matter was referred to the master, who certified that the amount due from me to the judgment-debtor at the time of issuing such writ was only the sum of £17 12s. 4., and in his certificate the costs were allowed against me, and they amount to no less a sum than £41 9s. 8d. What I submitted to the judge was, that under sect. 132 of the Common Law Procedure Act 1852, and sect. 64 of the Act of 1854, the plaintiff was deprived of such costs, the same as if it had been an ordinary action. If the decision of the learned judge is to stand good, a very wide door is thrown open to the defeating of the Act above referred to. A judgment is easily suffered to go, and it is held to be sufficient that the affidavit founding the attachment may be sworn by the attorney on his belief, setting forth that a sum above £20 has been recovered, and if the poor garnishee should have the courage to dispute his liability, which in my case was palpably shown to be an utter necessity, he is, so says Quain, J., to be mulet in costs to nearly four times the amount of the debt or more. Surely this state of things calls loudly for amendment, and in this direction I beg to request the aid of your powerful pen and journal so well known for the exposure of all abuses. THE VICTIM. THE BANKRUPTCY ACT 1869.-Having had some practical experience of the working of the above Act, I have no hesitation in saying that it is a most crude and imperfect piece of legislation. It has, in truth, transferred the business of the court from the attorneys, who are the officers of, and therefore responsible to, the court, into the hands of persons calling themselves accountants, who are not so responsible, and who somehow or other contrive to get themselves appointed trustees of bankrupts' estates, and which sad experience has proved they most frequently make available for their own benefit and advantage, to the manifest injury of the creditors. Many of these accountants can scarcely distinguish the debit from the credit side of the account, having had no previous training, and yet, forsooth, they and other disqualified persons are permitted to address the court, and usurp the functions of both attorney and counsel, although the Act expressly declares, that it shall be deemed a misdemeanour for any such person to do so. This lax mode of conducting the public business reminds one of a very recent case, where some parties in the country under the pretext that they had been authorised by the Lord Chancellor to investigate cases in Chancery, contrived to obtain large sums from the credulous and unwary. JUSTITIA. CANADA. In reply to the inquiries of "Lex" and "M. B.," I think I can assure them that they would be required to pass an examination before practising in Canada, even though duly admitted in England, as I have recently heard to that effect from a friend resident in that country. They may not be aware that, in Canada, solicitors are also barristers, and that it is a common saying there, that every third man is a lawyer. A. G. A. COUNTY COURTS AND SUPERIOR COURTS.Your correspondent "J. J." in his letter to you in last week's LAW TIMES asserts that the Superior Courts are too expensive and dilatory for the due administration of justice, and then he goes on to say that the bulk of the common law business of the country is now disposed of by the County Courts. Both these assertions I venture to question. As to the first the expensiveness of the Superior Courts is for the most part occasioned by the cost of taking witnesses to the assize town and maintaining them there, together with the attorney's charges for attending the assizes. The remedy for this is easy enough; a re-arrangement of the circuits, so that the judges of assize should sit at all towns of importance, and at some centre for all populous districts. As to the dilatoriness, that is not the fault of the court but of the practitioners, for if the latter act with expedition the causes can be soon disposed of. I should much like your correspondent" J. J." to show that the bulk of the common law business is done in the County Courts by some kind of evidence, for my experience goes to show the greater number of cases in the County Courts are for sums less than £20, some of which if brought in the Superior means? If anyone would kindly give me some information on this point and direct me to the Act or Acts under which it comes, if any exist, they will greatly oblige. IGNORAMUS. 104. DEVISE-LAPSE JOINTURE.-A. by his will gives an estate to B. in trust for E. F. and G. in such parts, &c., as B. shall appoint, and in default of appointment, to the said E. F. and G, as tenants in common in fee. F. dies in testator's lifetime. Will one third of the property fall into the testator's residuary bequest, or will a power to raise portions displace a jointure provision appointed? J. I. 105. POOR-RATE.-If poor-rates are in arrear for more than two years can overseers claim beyond that time R. W. Courts would go by default, and these can scarcely be said to represent the bulk of the common law business. Whilst the County Court Judges are complaining of the weight of their duties, the advocates for reform are desirous of putting more weight on, and as a sort of assistance to the judge it is proposed to give the registrars jurisdiction up to £5. Anyone at all conversant with the practice of County Courts will know that this will never act, registrars being for the most part practising attorneys would not and could not give such satisfactory decisions as the judges now give, the latter being gentlemen moving in a sphere higher than the litigants, and altogether above being affected by local prejudices if there are others due for a lengthened period? and leanings. That there are cases which can be as satisfactorily tried in the County Courts as in the Superior Courts cannot be denied, especially where it is to inquire into a matter of fact only, but where law is involved give me the clear pointed and unmistakeable ruling of a Superior Court Judge in preference to the hesitancy and doubt of the County Court Judge, who in many cases adjourns the case because he does not know which way to decide. Suppose you have a jury, the judge has to explain to them, the best way he can, what the law is in cases where, if there was no jury, he would adjourn it to look into the law, and what he in such a case tells a jury is all haphazard; and if the judge can support his direction by any kind of construction whatever, provided there is no case on all fours, he will refuse a new trial, and if the amount claimed is under £20 his decision is final. Some County Court Judges detest juries, In and then he is a bold advocate who dares so much as question the ability of the judge to decide the case himself. In fact some of the judges say that it is only in cases where you have no case, or no defence, that you resort to a jury, and the advocate who summons a jury goes into court with the judge against him. the evidence of one of the judges in the report of the Judicature Commissioners he states that the advocacy on some of his circuits is as weak as it can be, with some smart exceptions. Here is a pretty picture of what litigants would have to put up with if all cases were relegated to the County Courts instead of being tried at the assizes before a judge of acumen, and skilled counsel being employed by the litigants. Another judge has such a horror of those appeals to the Superior Courts that he thinks the decision of a judge ought never to be questioned, and that it is better for a case now and then to be decided wrongly in a County Court than that the spirit of litigation should be fomented. I utterly scout the assertion that the cheap summary and satisfactory manner in which the equity jurisdiction of the County Courts is exercised contrasts favourably with the same class of cases in Chancery, for the preponderance of evidence goes to show that the equity fees and costs in the County Courts are monstrously heavy, and further that country solicitors are totally at sea with this kind of practice, to the consequent loss and damage to suitors, one of the judges suggesting that an equity chief clerk should be attached to some central court, because the attempt to administer equitable jurisdiction in the County Court has been a failure through the total ignorance of the solicitors and registrars of Chancery principles and practice. I generally find the most ardent advocates for legal reform are County Court registrars, who imagine they will get more remuneration by it, and country attorneys, who think they will be able to dispense with their annual agency bills, and that fees, which are now paid to agents, will consequently go into their own pockets. In this they are mistaken; the only practical differ⚫nce will be that instead of fees going into the attorneys' pockets they will be paid to Government in the shape of court fees. PATRONUS. 103. TROUT CATCHING BY HAND.-Would any of your readers kindly inform me whether it is legal to take trout from a river by the hand, which process is more generally (at least in the north) termed "grappling." The river in question is a salmon river and is under the vigilance of an association who act under the name or style of "The- Angling Association." Shortly, cution for taking trout from the said river by these what I want to know is this, is a person liable to prose 106. ESTATE TAIL.-Can this be taken in execution under an elegit issued against the tenant in tail? If so, can the judgment-creditor hold the land until his debt tail, or merely during the life of the tenant in tail? is satisfied as against the heir and remainderman in The recent statute 27 & 28 Vict., c. 112, enacts that every creditor to whom any land of his debtor shall have been actually delivered in execution by virtue of any judgment, and whose suit shall have been duly registered, may obtain from the Court of Chancery, on petition in a summary way, an order for the sale of his debtor's interest in such land. Does this merely mean the life estate of the tenant in tail, or the whole inheritance? Sect. 6 of the same statute enacts that every person claiming any interest in such land through or under the debtor by any means subsequent to the delivery of such land in execution as aforesaid, is bound by every such order for sale. These words would certainly not include the heir or remainderman in tail. Can, therefore, their, or either of their interests be affected in any way by the delivery of the land in entailed lands of a deceased tenant in tail in the hands of the heir or remainderman liable to be charged with the debts of the deceased either at law or in equity? F. S. C. execution or the subsequent order for sale? Are the 108. CONTRACT-DISMISSAL.-Mr. A. is engaged as lately, he supposed his principals would give him a clerk to a firm of London solicitors. Being in bad health longer holiday than a fortnight (the time usually allowed), but he was required to return to business at the end of the fortnight. Mr. A. stated that he could not undertake to return at that time, but would do so if able. He was then requested, in case he should not firm would then make its own arrangements. At the so return, to write to the office to that effect, and the end of the fortnight Mr. A. did not feel well enough to return to business, and accordingly wrote to the firm. Mr. A. not having returned till a month had elapsed, and not having received notice to leave the office, can. not he claim wages until the expiry of a notice from the firm (not yet given), especially as Mr. A., now at the end of a month, is willing to go back to the office to close up matters. Mr. A. was engaged by the firm at a yearly salary, nothing having been arranged about notice. What notice can he claim? Some persons say six being the customary notice. months, others three. Some contend for one month as Answers. INQUIRY. (Q. 96.) WESLEYAN MINISTER-TOLL.-There is no case which decides that a Wesleyan minister going to or returning from a week evening's appointment is In Smith v. Barnes (40 L. J., exempt from toll. N. S., 15 M. C.) it was decided that he is on Sundays. From the reasons given by the justices who decided Smith. Barnes I think there is no doubt that a Wesleyan minister is exempt from toll on week days if he is going to or returning from a religious service held in between an appointment on Sunday and one on the one of his own chapels. There can be no difference week day. C. L. C. (Q. 97.) GRANT.-"F. S. C." seems to me an unnecessary quibbler. What is he aiming at? Let him read the statute he refers to, viz., the 8 & 9 Vict. c. 106, and he will at once see that all corporeal hereditaments are thereby now made to lie in grant as well as livery, which, together with the usual statutory words "to the use," &c., is and would be sufficient to transfer the legal and equitable estate from A. to B. Does "F. S. C." contend that without the insertion of the usual words "to the use," no estate would pass? I have always understood that the word "grant" in modern conveyanciug was enough to pass the freehold estate without reference to the Statute of Uses, although it would doubtless be considered bad conveyancing to dispense with its requirements. See also Prideaux's Conveyanc ing, 6th edit., vol. 1, c. 3, pp. 153-4. W. W. (Q.98.) 23 & 24 VICT. c. 145, s. 26.-Under 23 & 24 Vict. c. 145, trustees may apply any part of the income and the accumulated income for the benefit of an infant but the principal money cannot be so applied. I think the administrator may be considered a trustee of the fund for the child. As, therefore, the administrator claims under no instrument which will negative the application of the Act it will be necessary for him to petition the Court of Chancery for an order to apply the principal. A. C. W. (Q. 100.) LONDON UNIVERSITY.-The Calendar of the University will furnish your correspondent with all necessary information as to what degress are conferred, and in what subjects candidates are examined. It is published by Taylor and Francis, Red Lion Court, Fleet-street, at 4s.; any bookseller will supply it. The University purposely abstains from mentioning any treatises to be read. There is a very good book (I believe) called "A Guide to Matriculation and Gradua tion at the London University," by a graduate of the University, giving instructions to candidates; specify. ing what books should be read, with useful hints, &c., which may be had of the Rev. M. A., 360, New Crossroad, S.E., price 3s. 6d. JURE NON VI. . LEGAL EXTRACTS. THE ENGLISH BAR. (From the Spectator.) IT is sometimes difficult to understand why English statesmen dally over the question of judicial reform. There are so many conspicuous and inconvenient anomalies in our system of judicature, and these have been so often condemned by scientific jurists, that it may appear at first sight easy for a Government to reap credit and profit from a bold scheme of reconstruction. But behind the hesitation of statesmen there lies a real and not wholly unreasonable fear. Those who look closely at the question of judicial reorganisation soon come to perceive that it has two sides, and that all the arguments are not on one side. In such a case, where reform seems to imply a change so radical as that from a centralised to a localised judicature, it is the business of statesmen to balance advantages against disadvantages, and in the present instance, we fancy, Mr. Gladstone and other Liberal leaders have been scarcely able to make up their minds. We have on record the evidence of some amongst our most eminent lawyers pointing out the dangers of meddling with the English Bench and the English Bar as they exist at present, nor can any testimony be more emphatic than that of Mr. Justice Blackburn, in his dissent from the recently published Second Report of the Judicature Commission. "I attach much importance," says this distinguished judge, "to the keeping up the great Central Bar of England. The only real practical check on the judges is the habitual respect which they all pay to what is called the opinion of the Profession, and the same powerful body forms, as I think, a real and the principal check on the abuse of patronage by the Government." Such is the view which is brought into conflict in the minds of public men with the familiar and cogent argument for cheapening justice, and bringing it to the doors of the people by enlarging the authority of what are now known as the County Courts. A large measure for the localisation of legal business would unquestionably break up the Central Bar which Sir Colin Blackburn regards as so indispensable a guarantee for the maintenance of the existing standard of legal morality. Can we be certain that it would be in our power to devise and apply any system of checks likely to fill the place of this institution? The Bar, let us remember, has not been created by Act of Parliament or Royal Warrant; such as it is, with all its merits and defects and both are numerous-it has grown up gradually its traditions, its character, and its influences have been moulded by a long and ciencies of our law, our judicature is above not memorable history. Whatever may be the defimerely reproach, but rivalry. No other country can show the same high level of stainless integrity and fearless independence among its judges and advocates. The conditions in which this tone and spirit were generated were not the concoction of Parliamentary wisdom, but the "fortuitous concourse" of influences nowhere else found united. If we had to create the result we admire anew, we should find it a difficult, if not an impossible, task to bring together the diverse and impalpable agencies that have made the English Bar what it is; and it is by no means clear that any other power would maintain the checks which guard the purity and freedom of the English Bench. : It is a pity that this part of the question is so little discussed, for this is really the cardinal point of the controversy. We are merely wasting time in contending for this or that limit of County Court jurisdiction, or for salaries high or low, until we have settled whether the great mass of the higher legal business of the country, which now is dealt with by a Central Bar, and by judges chosen from that Bar and subject to its influence, is to be transferred to local tribunals, local prac titioners, and local influences. It is undoubtedly true that the present system is dilatory and costly, and that the County Courts have worked so well upon the whole that the demand for bringing justice, cheap and speedy, to the people's doors comes upon us with almost irresistible force. Yet the considerations we have noted may well give our statesmen pause. For after all, quality is as necessary to be thought of in supplying the people with justice as either rapidity or inexpensiveness. As a matter of fact, the local courts are at present governed by the standard set in the higher courts, and if they were to deviate materially from that standard, a large part of the business which now flows to them "by consent" would revert to the superior tribunals. In theory this might remain the case under a more extensive plan of localisation, for in important causes a right of appeal to the "High Court" from the local courts is reserved by the plan of the Judicature Committee. And for a time, in fact, the influence of the old system would be felt. But as soon as the vast withdrawal of legal work from the superior tribunals, and its transfer to the local courts, had begun to thin the ranks of the Central Bar and to distribute its members more and more to the local centres, the prestige attaching to the former would pass away, and we are afraid would not pass away to the latter. It is certain that any large measure of localisation would destroy at a stroke half the business at least of the London solicitors, a body of men with whom only a very small minority of the provincial practitioners deserve to be compared. The Bar, of course, would follow business to the provinces, and though a few men of the first class might hold their ground in the metropolis, the corporate power of the Profession, as it is morally exercised, would inevitably disappear. We should then have to look for the operation of the checks which Mr. Justice Blackburn considers so valuable to the small local bodies of practitioners, barristers, and solicitors who would gather together in the centres of the new local circuits. The "opinion of the Profession" would cease to be a dominant influence over the conduct of judges or of governments, and for it would be substituted the opinion of local cliques of interested persons. It is fair to inquire whether in these circumstances, so different from that glare of public discussion in which judicial promotions and judicial acts stand now, we could reasonably expect the same substantial guarantees that we have got at present against inefficiency, jobbery, favouritism, and corruption. The experience of continental countries does not lead us to a sanguine estimate of the chances. The local Bench, so far inferior to the present class of judges in professional standing, social position, and fortune, would be open to suspicions, at least, if not to temptations, which would weaken public confidence in the purity of justice. The Bar would become tainted with the prejudices and jealousies which get hold of all professional bodies in provincial towns, and the solicitors would generally approximate to the type of the rural pettifogger. These are at least the possi. bilities involved in the change from a centralised and localised judicature, and without questioning the immense advantages of giving the people cheap and speedy justice, we contend that there is something to be said on the other side. Statesmen may well hesitate to undermine a fabric that has stood so long and served the country so well, until at least we have the assurance that we shall get a decent weather-proof house in its stead. The proposals of the Judicature Commissioners respecting the jurisdiction of the County Courts, if not open to all the objections that may be urged against a complete scheme of localisation, are considered dangerous to the "Central Bar" by so high authority as Mr. Justice Blackburn. Is it too late to inquire whether an alternative scheme may not be suggested which, while cheapening the cost and most essential features of an historical system, quickening the pace of justice, would preserve the defaced by many anomalies, but also distinguished by excellences that, once destroyed, could not be restored by any policy within the power and wit of man to devise? LAW SOCIETIES. ARTICLED CLERKS' SOCIETY. A MEETING of this society was held at Clement'sinn Hall, on Wednesday the 25th inst., Mr. Hanhart in the chair. The society went into committee on the draft of the new rules, which, after several amendments, was finally settled. LEGAL OBITUARY. T. F. KELSALL, ESQ. THE late Thomas Forbes Kelsall, Esq., solicitor, of Fareham, Hants, who died at his residence in that town on the 3rd inst., after a long and painful illness, in the seventy-third year of his age, was the youngest son of the late John Kelsall, Esq., formerly a member of Council, and Judge of the Vice-Admiralty Court at the Bahamas; his mother was Lucretia, eldest daughter of the late John Moultrie, Esq., lieutenant governor of the province of East Florida. He was born in the Island of Exhuma, in the Bahamas, on the 13th May 1799, and having received his education at the Grammar School at Hammersmith, was admitted a solicitor in Hilary Term 1823. In 1829 he was appointed steward of Fareham Vicarage Manor, and in 1832 he received the appointment of clerk to the trustees of the Gosport and Waltham Turnpike-roads, and to the trustees of the Titchfield and Cosham Turnpike-roads. In the following year he was appointed a commissioner for administering oaths (common law), joint clerk to the commissioners of taxes for the district of Fareham, and also a perpetual commissioner. In 1855 he was made a commissioner for administering oaths in Chancery. In 1852 Mr. Kelsall was appointed sub-distributor, and in 1867 distributor of stamps for the district of Fareham. Mr. Kelsall, who was a Liberal in politics, was possessed of considerable literary ability, as is evinced by his biographical memoir prefixed to the Life and Works of T. L. Beddoes, which he edited and published some twenty years ago. "His friendship and devotion to this powerful young poet," says a writer in the Hampshire Telegraph," who is probably more famous among literary men than with the public at large, may be said to have constituted the dominant emotion of Mr. Kelsall's life; and only this year, although blind and upwards of seventy, he contributed to the Fortnightly Review (July number) an appreciative paper on the genius and composition of his friend. Beddoes had been met by him in early life in the literary circle which Mr. Kelsall then frequenteda circle in which Keats was present, and of which Mr. B. W. Proctor (Barry Cornwall) now remains the only representative. Those who merely knew Mr. Kelsall as the business-like and highly-respected solicitor of Fareham little suspected the spiritual realm of ideas in which his life was passed, or his unceasing energy on behalf of social and political progress.' The late Mr. Kelsall was twice married; first, in 1829, to Frances Anne, danghter of the late Rev. William Harrison, vicar of Fareham, by whom he has left surviving issue two sons, William, his successor in the firm, and Gustavus Nicolls, a captain R.E., and also two daughters, Mary Eleanor and Lucretia; another son, Thomas Moultrie, who was also a member of the firm, died in 1868. Mr. Kelsall married a second time in 1854, and has left a widow to lament his loss. The remains of the deceased gentleman were interred in the parish churchyard of Fareham. H. TOOGOOD, ESQ. THE late Henry Toogood, Esq., solicitor, of Devon, on the 27th Aug., in the fifty-sixth year of Queensgate-terrace, London, who died at Torquay, his age, was the fifth son of the late Jonathan Toogood, Esq., M.D., of Bridgwater, Somerset, by Ann, daughter of John Giles, Esq., of High water in the year 1816, and was admitted a soliciHall, Somersetshiro. He was born at Bridgtor in Trinity Term 1841. He practised for many years at his chambers, in Parliament-street, Westminster, as a parliamentary agent, and for some years he held the office of Deputy High Bailiff of Westminster. Mr. Toogood married, in 1850, Berwick Curtis, Esq., by whom he has left sur. Miss Frances Ann Curtis, daughter of Charles viving issue one son and four daughters. The remains of the deceased gentleman were interred at Torquay. DR. PHILLIPS. THE late Dr. George Phillips, formerly Professor of Law in the University of Berlin, whose death German Ultramontanism. The son of Protestant has just been announced by the Indépendance Belge, was one of the strongest champions of parents, Dr. Phillips was born about the end of the last century, and was, consequently, upwards of seventy years of age at the time of his death. In 1825 he was appointed Professor of Law at the University of Berlin, and subsequently becoming a convert to the Roman Catholic faith, he ob tained, in 1833, a chair in the University of Munich. On the fall of the Abel Ministry, provoked by Lola Montes, he was obliged to retire from that post. Later, Dr. Phillips occupied successively the chairs of Canon Law at Innsprück and Vienna. C. C. BERNARD, ESQ. THE late Charles Colston Bernard, Esq., barristerat-law, whose melancholy death by drowning in the Southampton Water has just been announced, was the only child of Joseph Bernard, Esq., a gentleman much esteemed in Southampton, who has been for some time both a borough and county magistrate, and is chairman of the local bench of county justices; his mother was Georgiana Emily, daughter of William Abbott, Esq., late of Warnford-park, Hampshire, and he was born in the year 1848. He was educated at Winchester and Merton College, Oxford, where he took his B.A. degree in 1870. He was called to the Bar during the past twelvemonth, and held his first and, as it has now unfortunately proved to be, his last brief at the recent assizes at Winchester. It appears that on Saturday, the 21st inst., Mr. C. Bernard went on a fishing excursion in the Southampton Water, and he is supposed to have met his death during a sudden and somewhat extraordinary tempest which swept over the town about midday. His body was found on the following morning off Weston, near Netley Abbey, lying near to a boat which was capsized and sunk on the previous day during the tempest. The father of the deceased gentleman was present at the finding of the body. PROMOTIONS & APPOINTMENTS GIBBS, ENOCH, builder, Ilfracombe; Oct. 7, at three, at the Star N.B.-Announcements of promotions being in the nature of advertisements, are charged 2s. 6d. each, for which postage stamps should be inclosed. July 30.-The Lord Chancellor has been pleased to appoint Richard Marsden Reece, of 14, Furnivals-inn, in the County of Middlesex, Gentleman, to be a London Commissioner to administer Oaths in Chancery. Aug. 19.-The Right Honourable Sir William Bovill, has appointed Richard Marsden Reece, of 14, Furnivals-inn, in the County of Middlesex, Gentleman to be a Perpetual Commissioner for taking Acknowledgments of Deeds by Married Women. MR. F. T. ASTON, of No. 23, Bush-lane, Cannonstreet, has been appointed a Commissioner for taking Affidavits, Affirmations, and Declarations, and Examining Witnesses in Suits, Matters, and Proceedings pending in the Supreme Court of Judicature in the Province of Bengal, and also for taking the Acklowledgements of Married Women in England, in respect of Property in India. THE GAZETTES. Professional Partnerships Dissolved. Gazette, Sept. 13. COOPER, WILLIAMS, and GREAVES, attorneys and solicitors, Brighton and Shoreham. June 30. (William John Williams and William Greaves.) Debts by Williams. Gazette, Sept. 17. KIDD, BRITTON, and KEWNEY, solicitors, North Shields and Newcastle. Aug. 31. (Robert Kidd, John James Britton, and Stanley Kewney.) Bankrupts. Gazette, Sept. 20. To surrender at the Bankrupts' Court, Basinghall-street. BEAUMONT, JAMES, grocer, Westminster-bridge-rd. Pet. Sept. 19. Reg. Pepys. Sol. Aird, Eastcheap. Sur. Oct. 1 DAVENPORT, JOHN, tea merchant, Little Tower-st, and The Gardens, Peckham-rye. Pet. Sept. 17. Reg. Hazlitt. Sol. Piesse, Old Jewry-chinbs. Sur. Oct. 3 HOLMES, JOHN, baker, Long-la, Bermondsey. Pet. Sept. 18. Reg. Pepys. Sols. May and Co., Adelaide-pl. Sur. Oct. 3 To surrender at the Bankrupts' Court, Basinghall-st. BRUNTON, CHARLES FREDERICK, and RAPLEY, WILLIAM, warehousemen, Hart-st, Wood-st. Pet. Sept. 19. Reg. Pepys. Sur. Oct. 10 DAVIES, ELIZA, late fishmonger, Acklam-rd, Notting-hill. Pet. Sept. 20. Reg. Hazlitt. Sur. Oct. 8 ISRAEL, ABRAHAM, butcher, Bristol-gdns, Paddington, and White's-row, Spitalfields. Pet. Sept. 21. Reg. Pepys. Sur. Oct. 10. WEBSTER, WALTON, and BROWN, HENRY, bedding manufac- DAVIES LLEWELLYN, sawyer, Newport, Monmouth, and Maindee, Pet. Sept. 19. Reg. Weller. Liquidations by Arrangement. FIRST MEETINGS. ALDIS, ROSs, printer, Rochdale; Oct. 3, at ton, at offices of Sols., Messrs. Roberts, Rochdale AUERBACH, RUDOLPH, commission merchant, Mincing-la; Oct. 10, at three, at office of Sols., Lawrence, Plews, Boyer, and Baker, Old Jewry-chmbs BALL, JAMES WHITESIDE, cabinet maker, Blackpool; Oct. 3, at three, at office of Sols., Gardner and Horner, Manchester BIDWELL, EDWARD, wholesale stationer, Southwark-st, Southwark: Oct. 7, at half past two, at office of Messrs. Sawyer, accountants, Adelaide pl, London-bridge. Sol., Godwin, Moorgate-st BIFFIN, ELIZABETH, widow, Bootle, near Liverpool; Oct. 4, at three at office of Sols.. Masters and Fletcher, Liverpool BRETT, VERNON HENRY, tobacconist, Exmouth-st, Clerkenwell; Oct. 8, at three, at office of Sol., Brighten, Bisho pagate-stwithout BRUNWIN, HENRY JOHN, straw hat manufacturer, King-st, Borough, and Portobello-rd, Notting-hill; Sept. 30, at eleven, at 7, King-st, Borough. Sol., Fisher, Asylum-rd, Peckham BYNE, HENRY POYNTZ, stationer, Jermyn-st, St. James' Westminster; Oct. 3, at three, at office of Sol., May, Golden-sq, St. James's, Westminster CLARK, THOMAS, and FORRESTER, GEORGE, bakers, Cockermouth; Oct. 8, at eleven, at office of Sols., Hayton and Simpson, Cockermouth CLAYTON, JOHN, tobacconist, Middlesborough; Oct. 4, at three, at office of Sol., Dobson, Middlesborough Cox, JOHN BENNETT, butcher, Woolston, St. Mary Extra; Oct. 3, DENNIS, JANE JEMIMA, innkeeper, Bath; Oct. 10, at twelve at offices of Sol., Collins, Bath chambers, Ilfracombe. Sol., Fox HICKS, JOHN, grocer, High-st, Kingsland, and Brushfield-st, Spitalfields; Oct. 8, at three, at office of Sol., Sherrard, Lincoln's-inn-fields HIGGS, CHARLES, builder, Kidderminster; Sept. 27, at three, at office of Sol., Saunders, Kidderminster HUFF, WILLIAM EZRA, commission agent, Bath; Oct. 8, at two, at the White Lion hotel, Bristol. Sols., Messrs. Phillips HUGHES, THOMAS, builder, Birmingham; Oct. 4, at eleven, at HUTCHINSON, ISAAC, cabinet maker, Nottingham; Oct. 7, at twelve, at office of Sol., Heath, Nottingham IRONS, THOMAS EDWARD, shoe dealer, Kendal; Oct. 4, at eleven, at the Board-room, Market-pl, Kendal. Sols., Thompson and Graham offle of Sol., Cottrell, Birmingham JEFFERIES. JOHN, builder, Shalimar Acton; Oct. 2, at two, at office of Birchall, Southampton-bldgs, Chancery-la. Sol., Harrison, Furnival's-inn, Holborn JONES, JOHN, late labourer, Perthewig, in Henllan; Oct. 12, at ten, at office of Sol., Louis, Ruthin KASSELL, HENRY, and KASSELL, WILLIAM, builder, Goole; Oct. 10, at three, at the Lowther hotel, Goole. Sols., Messrs. England, Goole; and Hind, Howden LAMONT, DUNCAN, timber merchant, Fish-st-hill, and Horne; LODGE, FRANCIS, out of business, Normanton; Oct 5, at eleven, MULLOCK GEORGE, tea dealer, Malpas; Oct 7, at three, at office of Sol., Cartwright, Bridge-st-row-cast ODELL, JAMES, Ironmonger, Stony Stratford; Oct. 3, at one, at the Cock inn. Stony Stratford. Sol., Bull, Newport Pagnell OGLE, JOHN, hawker, Clay Cross; Oct. 3, at twelve, at office of Sols., Messrs. Cowdell, Chesterfield PEACOCK, THOMAS, farmer, Frodsham; Oct 7, at eleven, at office of Sol., Linaker, Frodsham PERKINS, ALBERT GEORGE, grocer, Stourport; Oct. 4, at three, at office of Sol., Watson, Stourport PHILLIPS, WILLIAM, oilman, Strutton-ground, Westminster, and Ferndale-rd, Clapham; Oct. 7, at twelve, at Mason's Hall tavern, Mason's-avenue, Basinghall-st. Sols., Whites, Renard, and Floyd, Budge-row, Cannon-st PULLINGER, JAMES, publican, Crystal Palace-rd; Sept. 27, at three, at 40a, King William-st. Sols., Bannister and Robinson, Martin's-la RUDDOCK, JOHN, innkeeper, Scarborough; Sept. 30, at three, at office of Sol., Richardson, Scarborough SMITH, WILLIAM, bootmaker, Birmingham; Oct. 14, at eleven, at office of Sol., Allen, Birmingham SUMNER, WILLIAM, chemist, Birmingham; Oct. 7, at eleven, at the Great Western hotel, Birmingham. Sols., Barber and Ratcliffe, Birmingham TIPPLER, WILLIAM COOCH, farm bailiff, Waltham Abbey; Sept. 30, at twelve, at office of Sol., Preston, Mark-la TRIMBOY, JOHN JAMES, tallow chandler, Landport; Oct. 2, at half past eleven, at the Chamber of Commerce, 145, Cheapside Sol., Walker, Portsea VERRALL, CHARLES EBENEZER, bookseller, Brighton; Oct. 9, at three, at office of Sol., Lamb, Brighton WARBURTON, HENRY GALTON, cotton waste dealer, Manchester; Oct. 2, at twelve, at office of Sols., Gardner and Horner, Manchester WATERHOUSE, JAMES, builder, Smallheath; Oct. 4, at twelve, at the Queen's hotel, Birmingham. Sols., James and Oerton, Birmingham WATSON, HENRY, stationer, St. Ann's-la, Aldersgate; Oct. 10, at three, at office of Sols., West and King, Cannon-st WATSON, WILLIAM, grocer, Liverpool; Oct. 7, at three, at office of Sol., Baxter, Liverpool WEYMOUTH, THOMAS, clothier, Old Kent-rd; Oct. 9, at three, at office of Sol., Brighten, Bishopsgate-st-without WILLIAMS, ALFRED ERNEST, iron merchant, Darlington; Oct. 3, at eleven, at office of Sol., Robinson, Darlington WOODWARD, JOSEPH, jeweller, Kidderminster; Oct. 3, at twelve, at office of Sol., Fallows, Birmingham WESTON, JOSEPH GREENWOOD, tea inspector, Shanghai, China; Nov. 13, at two, at 2, Balfour-bldgs, Shanghai Sol., Harwood Gazette Sept. 24. ASHTON, WILLIAM, commission agent, Manchester; Oct. 14, at three, at office of Sols., Sale, Shipman, and Seddon, Manchester BARKER, JOHN, whitesmith, Ipswich; Oct. 11, at three, at office Sol., Hill, Ipswich BELLAMY, JAMES, draper, Altrincham; Oct. 9, at three, at office of Sols., Almond and Bennett, Manchester BENNETT, WILLIAM, auctioneer, Liverpool; Oct. 10, at two, at the Clarendon Rooms, Liverpool. Sol., Goodere, Liverpool BOOTH, LIONEL, bookseller, Regent-st, and Hildenborough; Oct. 17, at three, at office of Sols., Lawrance, Plews, and Co., Old Jewry-chmbs BRENCHLEY, WILLIAM EDWARD, farmer, Ditton; Oct. 3, at two, at the Star hotel, Maidstone BROWN, MICHAEL HENRY, house decorator, Albert-ter, Knightsbridge; Oct. 3, at one, at office of Coker and Keely, Cheapside. Sol., Barrett, New-inn, Strand CLENCH, JOHN, share broker, Devon and Exeter; Oct. 8, eleven, at Bude Haven Hotel, Exeter CODD, CHARLES EDWARD, soda water manufacturer, Copenhagen-st, Islington, and Crescent rd. Crouch End; Oct. 8, at twelve, at office of Cape and Harris, Old Jewry. Sol., Camp, Farringdon-st DARLASION, WILLIAM; licensed victualler, Birmingham; Oct. 3, at three, at office of Sol., Parry, Birmingham DOWNING, THOMAS, grocer's-assistant, Exeter; Oct. 8, at eleven, at office of Sol., Friend, Exeter ELMER, JOHN, harness maker, Haughley; Oct. 15, at three, at office of Sol., Hill, Ipswich GEEN, PHILIP, draper, King-st, Hammersmith; Oct. 8, at twelve, at the Chamber of Commerce, Cheapside. Sols., Davidson, Carr, Bannister, and Morriss, Basinghall-st GREAVES, WALLACE MCGUFFON, colour manufacturer, Blackburn; Oct. 4, at half-past eleven, at office of Sol., Jones. Manchester GREEN, JOSEPH, grocer, Belvidere; Oct. 8, at twelve, at office of Sol., Knox, Newgate-st GREGORY, THOMAS LEA, commercial traveller, Warwick; Oct. 4, at ten, at office of Sol., Eaden, Birmingham GRIFFITHS, JAMES WILLIAM, confectioner, Exeter; Oct. 7, at eleven, at the Chamber of Commerce, Exeter. Sol., Huggins, Exeter HANSON, JOHN, plumber, Rochdale; Oct. 9, at eleven, at the Reed hotel, Rochdale. Sols., Messrs. Roberts, Rochdale HARRIL, GEORGE BYRON, commercial traveller, Midsomer Norton; Sept 28, at twelve, at office of Sol., Clifton, Bristol HAWKINS, CHARLES, contractor, Newton, near Manchester; Oct. 23, at eleven, at office of Sols., Boote and Edgar, Manches ter HOBBS, EDWARD NEWMAN, baker, Brick-la, Bethnal-green; Oct. 9, at four, at office of Sols., Wood and Hare, Basinghall-st HOPPE, CHARLES JAMES, dealer in musical instruments, Eastbourne; Oct 10, at eleven, at offices of Surrand Gribble, 12, Abchurch-la, London. Sol., Stiff, Eastbourne HUGHES, EDWARD JAMES, ironmonger, Longton; Oct. 3, at halfpast two, at the County Court Office, Stoke-upon-Trent. Sol., Litchfield, Hanley HUNT, JOSEPH, coal merchant, Birmingham; Oct. 15, at two, at office of Sol., Lowe, Birmingham JOWETT, JOSEPH, woolstapler, Bradford: Oct. 5, at eleven, at Oct. office of Sols., Wood and Killick, Bradford KIDD, JAMES, builder, Cambridge; Oct. 7, at twelve, at office of Sol., Whitehead, Cambridge LAWSON, HENRY, out of business, Birmingham; Oct. 4, at eleven, at office of Sol., Duke, Birmingham LEAVER, BENJAMIN, photographer, Blackpool; Oct. 10, at three, at office of Sols., Rowley, Page, and Rowley LIVSEY, JAMES, painter. Middlesborough; Oct. 7, at eleven, at Great Swan-alley, Moorgate-st MILDON, EDWARD, builder, Devonport; Oct. 9, at twelve, at office of Sols., Beer and Rundle, Devonport NAPPER, JOHN, farmer, Westhide; Oct. 8, at eleven, at office of Sol., Piper, Ledbury NOBBS, THOMAS ELLIS, tailor, Shepherdess-walk, City-rd; Oct. 10, at three, at the Chamber of Commerce, Cheapside. Sol, Sturt, Ironmonger-la PHILLIPS JOSEPH, Cooper, Bristol and Gloucester; Oct. 2 at twelve, at office of Hancock, Triggs, and Co., public account ants, Bristol. Sols., Bramble and Blackburne, Bristol PLANT, THOMAS, brush manufacturer, Birmingham; Oct. 7, at twelve, at the Hen and Chicken Hotel, Birmingham. Sol, Hawkes, Birmingham PLUMB, FREDERICK DAY, metal broker, Bristol: Oct. 2, at one at officeof Sols., Britten, Press, and Inskip, Bristol ROCHEFORT, PAUL, picture frame maker, Brushfield-st, Bishopsgate; Oct. 15, at three, at office of Sol., Brighten, Bishopsgate st without SAUNDERS, BENJAMIN LENCH, grocer, Brunswick-ter, Green-la, South Hornsey; Oct. 7, at three, at office of Izard and Betts, Eastcheap. Sol., Stacpoole SEED, RICHARD, butcher, Bashall Eaves; Oct. 9, at eleven, at office of Sol., Eastham, Clitheroe SMITHER, ALFRED, out of business, Basingstoke; Oct. 10, at twelve, at office of Sol., Chandler Basingstoke SOMMERFIELD, GEORGE, journeyman baker, Grant-rd, Clapham Junction, Battersea; Oct. 12, at two, at 1, Bank-bldgs, Wandsworth. Sol., Jones SPAVEN, ROBERT, builder, Kingston-upon-Hull; Oct. 10, at eleven, at office of Sols., Messrs. Reed, Hull THOMPSON, HENRY, clothier, Shelton; Oct. 4, at three, at the County Court Office, Hanley. Sol., Litchfield, Hanley THOMAS, THOMAS, draper, Ystradyfodwg; Oct. 9, at twelve, at the New Inn Hotel, Pontypridd. Sol., Rosser, Aberdare VANE, JAMES, fruiterer, Cullercoats and Tynemouth; Oct. 3, at twelve at office of Sols., Messrs. Harle, and Co., Newcastleupon-Tyne WALKER, LEWIS, woolstapler, Halifax; Oct. 4, at three, at office of Sol., Storey, Halifax WALKER, RACHEL, tailor, Pendleton; Oct. 7, at three, at office of Simpson and Sumner, public accountants, Manchester. Sol, Hardy WALLER, EDWARD AUGUSTUS DONOUGHMORE, civil engineer, Brighton-ter, New Cross; Oct. 2, at eleven, at office of Sol, Peddell, Guildhall-chmbs, Basinghall-st WATTS, JOHN, grocer, Well-st, Hackney; Oct. 9, at two, at office of Sol., Stone, Finsbury-circus WHEELER, GEORGE ALFRED, builder, Merton-rd, Wandsworth; Oct. 10, at eleven, at office of Sol., Jones, Wandsworth WIDDOWSON, JOHN JAMES, boot manufacturer, Liverpool, and Bootle, near Liverpool; Oct. 9, at two, at office of Sol, Etty, Liverpool WILCOCK, THEOPHILUS HENRY, wholesale tea dealer, Manches ter; Oct. 7, at three, at office of Sols., Sutton and Elliott, Manchester WILLIAMS JAMES, doctor, Worcester; Oct. 7, at three, at the Link Hotel, Worcester. Sol., Maher, Birmingham WILLIAMS, ROBERT GLYN, grocer, Carnarvon; Oct. 7, at eleven, at office of Sol., Williams, Carnarvon WOLLEY GEORGE, add CLIFF, JOHN GRIFFIN, drapers, Stafford; 10, at eleven, at office of Sol., Hand, Stafford WOODROW, GEORGE, outfitter, Portsmouth; Oct. 30, at two, at the Chamber of Commerce, 145, Cheapside. Sol., Ford, Ports mouth WRAGG, JOHN, auctioneer, Derby; Oct. 11, at three, at office of Sol., Gee, Sheffield Mackay, A. draper, first, 2s. 3d. At offices of Read, Dangerfield, and Smith, Albert-bldgs, Queen Victoria-st.-Maddick, G. W. newspaper proprietor, first and final, 6d. At office of Trust, C. Brown, 2, Bucklersbury.-Ruddock, E. victualler, first, 48. At the Weldale Brewery, Weldale-st, Reading. Trust., H. Bird, jua.Yelland, A. ironmonger, first, 6s. 8d. At Trust., G. Wreford, 37 and 38, Gandy-st, Exeter. Avery, J. miller, first, 2s. 6d. At office of Trust., H. Bolland, 10, South John-st, Liverpool.-Bottomley, J. H. manufacturer of stuff goods, first and final, 20s. At office of J. W. Berry, 1, Charlesst, Bradford. Trust., B. Booth.-Daacy, S. and W. builders, 1s. 4d. At office of Trust., S. R. Ade, 157, North-st, Brighton.-Gatehou, C. brewer, first, 74d. At office of Trust., H. Bolland, 10, South John-st, Liverpool.-Gemsom, L. bootmaker, first, 2s. 8d. At offices of J. S. and R. Blease, 15, Lord-st, Liverpool.-Hoyland, J. tobacconist, first and final, 6s. 6d. At offices of Trust., W. F. Tasker, 15, North Church-st, Sheffield.-Neilson, C. D. provision broker, first, 38, 3d. At offices of J. S. and R. Blease, Commercechmbs, 15, Lord-st, Liverpool.-Rowbotham, W. and E. malteters, first, 58. At offices of Coker and Keely, accountants, 32, Cheap side. Trust., F. Coker.-Rowbotham, E. maltster, first, 5s. At offices of Coker and Keely, accountants, 32, Cheapside. Trust. F. Coker.-Rowbotham, W. maltster, 20s. At offices of Coker and Keely, accountants, 32, Cheapside. Trust., F. Coker.-Slee, E. wool broker, first, 3s. At offices of J. S. and R. Blease, 15, Lordst, Liverpool.-Watkins, W. tanner, first, d. At offices of Sol, Hebb, Ross. MARRIAGES. CHEESMAN-COOPER.-On the 10th inst, at the parish church of MORRIS-ROWLAND--On the 17th inst., at Wrexham, Evan DEATHS. BUCKLAND-On' the 20th inst., at Shaftesbury, aged 77, Charles Edward Buckland, solicitor, clerk to the Magistrates and Commissioners of Taxes for the Shaftesbury and Hindon divisions, and to the Shaftesbury Board of Guardians since its formation in 1835, also for 56 years Town Clerk of Shaftesbury. LEVINGE SWIFT.-On the 11th inst., Richard Levinge-Swift, Esq. barrister-at-law, and late Her Majesty's Consul at Brest. MONTGOMERY. On the 12th inst., at Homburg, Leslie S. Montgomery, Esq., of No. 48, Stephen's-green, Dublin, barrister-at law, Professor, King's Inns. REPORTS of MAGISTRATES, MUNICIPAL, PAROCHIAL, ELECTION, and ECCLESIASTICAL LAW CASES, decided by all the Courts. Part VII. of a new volume (the 7th). Quarterly, price 5s. 6d. Sent post free to subscribers. N.B.-The back volumes and parts may be had; the vols. at 25s. each, half bound. Also, REPORTS OF JOINT-STOCK COMPANIES LAW CASES decided by all the Courts. Part VI. of a new volume (the 5th), price 5s. 6d. Published quarterly and sent post free to subscribers. Vols. I. to IV. may be had, price 42s. each, half bound. London: HORACE Cox, 10, Wellington-street, Strand, W.C. Salvage-Agreed compensation........... 183 Exeter County Court.. LEGAL NEWS 403 403 404 404 404 405 CORRESPONDENCE OF THE PROFESSION... 406 NOTES AND QUERIES ON POINTS OF PRAC TICE 406 PROMOTIONS AND APPOINTMENTS............ 407 407 THE GAZETTES BIRTHS, MARRIAGES, AND DEATHS ......... 408 The Law and the Lawyers. THE rumours in circulation at Taunton concerning the appointment of Mr. HENRY JAMES to the Solicitor-Generalship must be based upon the assumption that Sir ALEXANDER COCKBURN is to be raised to the peerage, and to resign his position as the head of the Common Law Bench. In such an event, the ATTORNEY-GENERAL would, of course, become LORD CHIEF JUSTICE. Sir A. COCKBURN'S retirement has been for some time looked upon as not unlikely, and his elevation to the peerage is the only reward which can be bestowed upon him for his magnificent labours in connection with the Geneva Arbitration. The Taunton election rumours may, therefore, not be altogether without foundation. AMONG the numerous objections which are raised to the present County Court system, one with which the public will doubtless have little sympathy is mentioned by a correspondent whose letter we publish elsewhere. Why should the remuneration of attorneys in the County Courts be dependent upon the Judge? Our correspondent brought five separate actions for the same plaintiff, in each of which he was successful. He had made a journey of 230 miles, and been absent from his place of business for three days. The Judge gave him his costs in one case only, viz., 15s. Naturally indignant, he writes to know whether he can be denied his costs. The fact is, that in the absence of any special direction, the costs abide the event of the action. But a County Court Judge may withhold all costs from a successful plaintiff or defendant. This is highly unsatisfactory, and the grounds upon which the Legislature proceeded in so enacting are not easily understood. If the County Courts are raised to a higher sphere this anomaly will probably be abolished. VOL. LIII.-No. 1540. A CORRESPONDENT raises a point as to procedure in taking the ballot at municipal elections. He writes, "the last clause of sect. 20 of the Ballot Act provides that a municipal election shall, except so far as relates to the taking of the poll in the event of its being contested, be conducted in the same manner in which it would have been conducted if this Act had not been passed.' Rule 27 provides that if a person representing himself to be a particular elector named on the register, applies for a ballot paper after another person has voted as such elector, the applicant shall, upon duly answering the questions and taking the oath,' &c. Is the effect of the section and rule taken in connection with the whole Act itself, such as to necessitate the administering the oath at a municipal election, or is the proper course to adopt to cause the elector to subscribe to the usual declaration which has hitherto been used at municipal elections?" It appear to us to be perfectly clear that the municipal election must be conducted in every detail like the Parliamentary election. Rule 27 is in the schedule referring to "the poll" at Parliamentary elections," and it is "the poll" which sect. 20 says shall be conducted in the same way in both cases. THE improvement of our procedure for dealing with debtors out of the jurisdiction-a very important question for English creditors-must soon call for the attention of the Legislature. Under the Common Law Procedure Act a debtor out of the jurisdiction may be served with a writ, and if he do not appear judgment may be entered up. If the debtor has no property within the jurisdiction, the proceedings open to the creditor come to an end. We have passed an Act enabling English creditors to proceed upon their judgments in Scotland and Ireland, and we ought to come to some arrangement with foreign countries for a similar purpose. A correspondent of a country paper recommends inquiry into the state of procedure of other nations, as regulated by article 69 of the French Code of Civil Procedure, and article 947, second paragraph, of the Italian Code of Civil Procedure. addition to the foregoing, he refers to treaties between France, Italy, and Switzerland, for the execution of judgments between these countries respectively. He adds that even at present English judgments can be executed in the above-mentioned countries-subject to a conformation of their respective laws-but certainly not in such an efficacious manner as between the contracting parties alluded to. To render the process perfect would be a matter of small difficulty; and it is certainly as important that suitors should obtain the fruits of their judgments as that justice should obtain her victims by extradition. In WE find it somewhat difficult to understand the position taken up by SIR GEORGE JESSEL with regard to law reform. He claims to be a law reformer, but at the same time he says that no reform is necessary. Now this is simply an untenable position. Sir JOHN COLERIDGE has proclaimed that there are glaring abuses in our legal system which must be got rid of. The entire press is of the same opinion, and we must take it that the country so far as it has thought about it entertains a similar view. Standing almost alone is SIR GEORGE JESSEL, who says that England has the best law, and the best administered law of any great country, but according to his last speech, 'he did not say that it was perfect." If, therefore, he does not concur with the majority of the thinkers upon the subject, if he considers that there is nothing to reform, he must necessarily be an opponent of that law reform which is generally considered imperatively necessary. When, therefore, he denies that he is opposed to law reform it must be taken with the qualification that he is not opposed to his own kind of reform; and the law being in his opinion nearly perfect he is not opposed to doing next to nothing. We can hardly believe that he considers this a satisfactory answer to those who have commented upon his proceedings connected with Mr. VERNON HARCOURT'S motion last session. We are sure the public and the Profession would be much obliged to him if he would state what are the defects in our law which he admits exist, and to what kind of law reform he is not opposed. THE hopes of the party which has much at heart the introduction of an improved system of legal education must rise to their full height on the accession of Sir ROUNDELL PALMER to office as Lord Chancellor. Instead of "vague resolutions" which are rejected by a captious majority of the House of Commons, we shall have a measure coming from the Lords embodying the views of the Legal Education Association. We have only one suggestion to make. Any scheme for improving our legal education should be postponed until it is known what is to be done with our judicial system. Are the courts to be localised and the Profession scattered over the face of the country? Is London to cease to be the great legal centre? If so it will be useless to have a Central School of Law in the metropolis. In such an event all that will be required is an examining body similar to the London University. Dining and lectures at the Inns of Court also will have to be abolished, and as substitutes we must have local schools with professors thoroughly competent for their work. Moreover it is |