expenditure. In conclusion the committee, while gratified to know that this association occupies a high position among law students' societies, feel it their duty to impress upon members that the maintenance of that position is wholly dependent on the active support accorded by articled clerks themselves. Regular attendance and a sustained interest in the proceedings are most desirable and necessary for the continued success and wellbeing of the association.

MANCHESTER LAW STUDENTS' DEBATING SOCIETY.

Cross, Synnott, Collyer, and Quicke. Messrs. Moyle, Tobin, Pickersgill, Owen, and Dowson opposed. After a lengthy debate the question was put to the house, and decided against by the chairman's casting vote. The subject for discussion next Wednesday is: "That the tendency of recent legislation has been to effect too great a severance between the interests of husband and wife," to be opened by Mr. B. T. Bartrum. The following moot is appointed for debate at the Law Institution on Monday 24th inst. A., a thief, employs B., an auctioneer, to sell stolen property. After B. has sold the property, and handed over the proceeds to A., C., the rightful owner, brings an action against B. for the price of the goods. Is B. liable to such action? (Hollins v. Fowler, L. Rep. 7 Q. B.; L. Rep. 7 H. of L. 757.)

WOLVERHAMPTON LAW STUDENTS'

SOCIETY.

In the evening the annual dinner of the society was held at the Star and Garter Hotel, when there was a large attendance of members and visitors. R. A. Kettle, Esq., judge of the East and T. M. Whitehouse, Esq., the vice-chair; and Worcestershire County Courts, occupied the chair, Walker, Clayton, Lawrence, A. B. Smith, A. among those present were Messrs. Thorne, Owen, Whitehouse Hargreave, B.A. (honorary secretary to the Birmingham Law Students' Society), J. E. Howe, Underhill, F. Howl (secretary), W. Dent (treasurer), Manby, T. M. Whitehouse, jun., C. F. Andrews, Gridley, Hall, &c. After the usual loyal toasts had been suitably given by the chairman, Mr. Lawrence proposed The Legal Profession in a very effective speech, in which he dwelt at some length upon the increasing desire which seemed prevalent among the upper and middle classes of having at least one member of the family connected with the Profession, and the consequent overcrowding which he believed existed. He urged very forcibly the expediency, both on behalf of the public and the Profession, of amalgamating the two branches which are at present kept distinct, or at least of enabling a member of one branch to do the work of the other, if he and his client thought fit to do

THE annual mock trial was held on the 30th Jan. last at the sessions courts the use of which had been kindly granted for the purpose by the Manchester Corporation. The proceedings commenced at seven o'clock, p.m. when the judge (F. J. Headlam, Esq., M.A., stipendiary magistrate) took his seat upon the bench, followed by Edward Hardcastle, Esq., M.P., J.P., Thomas Dale, Esq., J.P., F. Furniss, Esq., J.P., J. W. D. MR. RUPERT KETTLE ON THE FUTURE JURISMathew, Esq., J.P., J. A. Railton, Esq., J.P., DICTION OF COUNTY COURTS. George Booth, Esq., J.P., and Joseph Mosley, THE annual meeting of the members of the Esq., J.P. Several ladies also occupied seats on society was held in the Library of the Wolverthe bench. The trial was kept private, admission hampton Law Association, on Thursday, the being by invitation from members of the society, 23rd instant, Mr. R. J. Lawrence in the chair. Upwards of 300 ladies and gentlemen occupied The following gentlemen were elected as the comseats in the galleries, many of the leading solici-mittee for the present year, viz.: Messrs. Barber, tors of Manchester being present. The trial Cresswell, Manby, C. F. Andrews, T. H. Bayley was a criminal one, the prisoner Edward Moores Bott, and T. M. Whitehouse, jun. Mr. Andrews being indicted on two counts. Firstly. With cut- and Mr. Bayley were respectively elected treasurer ting and wounding with intent to murder; and, and secretary, and Messrs. Green and Cheadle secondly, with cutting and wounding with intent auditors of the society. to do grievous bodily harm. Mr. Hardman, leading counsel for the prosecution (with whom was Mr. Norton), laid the outlines of the case before the jury, and then proceed to call his witnesses, who were cross-examined respectively by Mr. A. L. Stocks; and Mr. F. Abell, counsel for the prisoner. The witnesses for the prosecution were Messrs. L. Sykes, J. K. Peacock, C. Law, and J. S. Bridgford, Esq., M.D. and those for the defence were Mr. E. J. Hale, Mr. T. C. Henderson, Mr. J. C. Wilson. The case for the defence being concluded the counsel addressed the jury on behalf of the prisoner and prosecution respectively, and the learned judge summed up. In reply to the usual question asked by the clerk of the court (Mr. C. E. Smith), the foreman replied that the jury acquitted the prisoner on the first count of the indictment, but convicted him on the second, and the judge sentenced him to five years penal servitude. The hon. secretary (Mr. W. Slater), in proposing a vote of thanks to Mr. Headlam, reminded those present that they were also indebted to the Manchester Corporation for the use of the court, and to Dr. Bridgford for the very valuable assistance which he had rendered to the society. Mr. Hislop, the foreman of the jury, seconded the vote of thanks, which was carried with acclamation. Mr. Headlam, in replying, said he was not aware that any one sitting in that chair on the Bench had ever before received a vote of thanks. It had given him a great amount of pleasure to be present, and he thought the performance was highly creditable to the society. The proceedings then terminated. PLYMOUTH, STONEHOUSE, AND DEVONPORT LAW STUDENTS' SOCIETY. AT a meeting of this society, held at the Athenæum, Plymouth, on the 5th inst., the following subject was discussed: "A. the owner of leasehold premises, by his will, after reciting his lease, bequeathed the same and all his estate and interest therein unto and to the use of B. for all the residue of the said term of eighty years.' He subsequently purchased the freehold and died without altering his will. Does B. acquire the fee-simple, or any other estate in the property? Messrs. H. Greenway and E. Boase opened the debate in the affirmative and were followed by Messrs. T. H. Phillips and P. S. Snell in the negative. Afterwards there was a very fair discussion but not quite so good as might have been expected. The chairman, J. Loye, Esq., having summed up all the arguments brought forward by the several speakers, the question was finally decided in the negative; the majority of the members present being of opinion that, looking to the wording of the will, it was clearly the testator's intention not to give to B. more than the interest in the term of years which he had at the time of making his will, and that having subsequently purchased the reversion B. ceased, therefore, to have any interest whatever in the premises, and the feesimple would devolve upon the residuary legatee.

UNITED LAW STUDENTS' SOCIETY. THE above society held its usual weekly meeting on Wednesday last, at Clement's-inn Hall, when the following formed the subject for discussion : "That it is the duty of the State to impose additional restrictions on the sale of intoxicating liquors." Mr. Saw opened in the affirmative, and was followed by Messrs. Parsons, Acland, Ashton,

So.

Mr. Thorne, whose name was coupled with the toast, responded, and in the course of his remarks said he thought it would not be wise to interfere with or run counter to those principles of political and social economy which had established beyond a doubt the benefits which resulted from a division of labour. It was his firm conviction that the interests of clients and of the Profession generally would be far better served by each branch of the Profession working steadily and necessity different, provinces in the administration with interest in their respective parallel, though of that the physical and intellectual welfare of each of justice. For his own part, he must confess individual in the United Kingdom was nowowing to the statutes at present in force for regulating the registry of his birth, his vaccination, and the proving of his will, and the administration of education, the conduct of his public worship, his estate when dead-so tenderly and possibly even officiously looked after by the law of the land, he could not conceive how any client from the moment of his birth to the hour of his death, and even after that event, could fail to be a source of interest and remuneration to both branches of the Profession. (Laughter, and hear, hear). plause, said it seemed to him but a short time ago The Chairman, who was received with loud apsince he himself was a law student in this town, and when he compared the opportunities and the inducements to study which were possessed by the law students of that day with those which they now enjoyed, he must confess that he perceived a vast increase and improvement in that respect. Instead of indulging in the ordinary platitudes of such an occasion, and telling his audience to apply themselves closely to their studies and their books, he would prefer to give them some practical advice, and to warn them of the great changes which, at no very distant day, were coming upon them. He did not himself believe that there would ever be any scarcity of work for either of the branches of the legal Profession, for as the civil and commercial business of the country increased, which they did at a speed unknown to any of our ancestors, matters were continually turning up which com

pelled every man to call in the assistance of a solicitor, and in many instances to bring his particular case before the courts of justice. He did, however, believe that a great change in regard to the method of the administration of justice was shortly coming upon us, and seeing that soon after his first entering upon his present judicial post he had had the honour to be appointed by the Lord Chancellor as one of the committee for framing the County Court rules and orders, and had considerable experience in framing the rules of procedure at present in use in our courts, he claimed to speak with some degree of experience of the past. Under the provisions of the present Judicature Act the block of legal business in London was something intolerable, and such state of things could not possibly continue. There were at the present moment no less than 800 arrears of cases awaiting trial in the Superior Courts, and there seemed to be no prospect of any immediate relief. Plaintiffs, rather than endure so long and tedious a process as that of waiting their turn upon the list, were driven to refer their cases to arbitration, or to compromise with the defendants, who possibly had only given a notice of defence for the purpose of gaining time. At the assizes which had just been held at Worcester, there was, he perceived, only one of Her Majesty's counsel engaged, and that was in a case of such a kind as that eight or ten of equal magnitude and difficulty were often disposed of in a day in the County Courts. As far as he had authority to say, he felt certain that almost in the next session of Parliament a Bill would be introduced upon the basis of the suggestions made by the late commission, and a largely extended jurisdiction would be conferred upon the County Courts, and centres for the administration of justice would thus be established on a fresh scale all over the country. Round these centres there would, of course, spring up a band of local advocates, and then, if a man was inefficient in the conduct of his business he must inevitably be discovered, and would, as a matter of course, lose the support of his clients. In proposing, therefore, the toast of "The Wolverhampton Law Students' Society," he would earnestly recommend his audience to realise the great changes which were inevitably approaching, and to prepare themselves accordingly. The chairman then resumed his seat amid cheers, and Mr. T. M. Whitehouse, jun., briefly responded on behalf of the society, alluding to the importance of experience to the law student in the art of public speaking, which art it was one of the principal objects of the Law Students' Society to promote. He also contended that 'the division of labour spoken of by Mr. Thorne should be a matter of option, and not of compulsion, as was the case at present.

The Vice-Chairman, who was received with cheers, then proposed "The committee and officers of the society," observing that it must be obvious to all that the duties entailed upon the hon. secretary to a society of that kind must of necessity be onerous, while its success and prosperity depended more upon his exertions than upon those of any other member, and the best thanks of all those assembled there that evening were due to Mr. Howl for the very efficient manner in which he had filled the office. The committee, too, had an arduous task in selecting subjects of sufficient interest, and at the same certainty to form good matter for discussion. The time attended with a sufficient degree of unquestions which he would recommend them to endeavour to select should, he thought, be those involving rather principles of law than those depending merely upon fact, or even the balance of authorities, and from what he could see from the he was glad to find that the view he was expressreport, and knew from his own personal experience, ing had, to a great extent, been acted on. was glad to perceive, also, that there was a balance in hand to the credit of the society of £18 0s. 3d., a state of things which was eminently satisfactory, and for which they were indebted to the indefatigable exertions of their hon. treasurer. Money was necessary to the successful carrying on of a in the present day, and he thought the very best law students' society as well as of everything else thanks of the society were due to their hon. treasurer and chancellor of the exchequer, Mr. Dent, for his valuable and effective services. (Applause.)

He

The toast was very heartily received, and briefly acknowledged by Mr. Howl and Mr. Dent.

Mr. Alfred Whitehouse having then, in a graceful speech, proposed the health of the chairman, and Mr. Gridley that of the vice-chairman, and the gentlemen referred to having both responded, the proceedings terminated.

Students' Correspondence.

TRAVELLING READERS.-I observed, in last Saturday's issue of your valuable paper, a letter from a "Devonshire Student on the subject of a travelling reader írom the Incorporated Law Society, and I mos

cordially indorse his views. With regard to the financial difficulty of which you speak, I am sure the gentleman to whom I am articled, and I think others also, would gladly contribute towards a fund for readers on circuit whose classes would be of great benefit to articled clerks. I hope this matter will receive further attention in your columns. ONE INTERESTED.

Students' Queries.

ng together one or two evenings a week. T. W. K.

[In reply to your other inquiry, you can present yourself in June 1850.-ED. STUD.'S DEPT.]

DIGEST OF EXAMINATION QUESTIONS.-Can you or any of your correspondents inform me if there is any digest published of the questions asked at the final or intermediate examinations. I know, of course, of Hallilay's Digest, but want one without the answers. R. E. MARSHALL.

entitled to the reward, G. having himself given the' information leading to his apprehension: (Bent v. The Wakefield and Barnsley Union Bank, 39 L. T. Rep. N. S. 576. C. P.)

ALEHOUSE LICENCE-OMISSION TO USE-RENEWAL DISCRETION OF JUSTICES.-The appellant had for nine years, from a period before the passing of the Wine and Beerhouse Act 1869, held INTERMEDIATE, 1880.-Intending going up for this an alehouse licence under 9 Geo. 4, c. 61, in reexamination early next year, I should like to hear from spect of his premises, but had not during that anyone having the same intention, with a view to read-period carried on any trade in intoxicating liquors, nor had taken out any licence to do so from the Excise until the last two months of the term of his last year's licence. Upon application for renewal of his certificate, which was objected to by the police under 35 & 36 Vict. c. 94, s. 42, the licensing justices refused; and upon appeal the quarter sessions decided that this refusal was right, provided that this was not a renewal of an old licence, or that the justices had power to refuse to renew this alehouse licence upon grounds other than those mentioned in sect. 8 of the Wine and Beerhouse Act 1869. Held, upon a case stated, that there was nothing in the circumstances of this case to prevent the appellant from applying for a renewal of his certificate; but that sect. 19 of the Wine and Beerhouse Act 1869 had no application to an alehouse licence, and that the discretion of the justices in refusing a renewal of any such licence was not limited to the grounds specified in sect. 8 of that Act: (Smith v. Justices of Hereford, 39 L. T. Rep. N. S. 604, Q. B.)

[We believe not. Both the final and intermediate questions and answers are published after each examination, and can be published at Evison and Bridge's, or at Cox and Son, Law Stationers, Chancery-lane. ED. STUD.'S DEPT.]

EMPLOYMENT DURING ARTICLES.-During articles I have had the office of a clerkship to a fishery board of conservators offered me. The work of the office would in no way interfere with my employment as an articled clerk, but there would be some remuneration attached thereto. Could I hold same without an order under the Solicitors Act of 1874, and if it is advisable that such order be obtained, what would be the probable costs thereof? H.

[You could not safely accpt such an employment without the order suggested, which would cost two or three guineas.-[ED. STUD.'S DEPT.]

STEPHEN'S COMMENTARIES.-Can you inform me where I can obtain a copy of Stephen's Commentaries? Stevens and Sons are out of them, and do not know when they shall have any more. Is the book published by any other firm? ST. FELIX.

[Write to Messrs. Butterworth and Co., Law Publishers, Fleet-street, London.-ED. STUD.'S DEPT.]

MAGISTRATES' LAW.

NOTES OF NEW DECISIONS. LIBEL CRIMINAL INFORMATION-AUTHO RITY TO EDITOR-PROTECTION TO PROPRIETOR. -Upon a criminal information for libel it was proved that the three defendants, the proprietors of the newspaper in which the libel appeared, took an active part in the management of the paper, but had given a general authority to a competent editor to publish whatever he thought proper in the literary part of it, which contained the libel. It was also proved that, at the time of the publication of the libel, one of the defendants was absent from home on account of ill health, and that neither of them had given any authority for, or consent to, or had any knowledge of the publication of the libel. The jury found that the defendants had not brought themselves within the protection provided by 6 & 7 Vict. c. 96, s. 7, and convicted them all. Held by Cockburn, C.J. and Lush, J. (dissentiente Mellor, J.), that the direction at the trial was defective, in not explaining that a general authority to an editor to conduct the business of a newspaper, in the absence of anything to give it a different character, must be taken to mean an authority to conduct it according to law; and that the verdict-at least as to the absent defendant-being inconsistent with that principle, there must be a new trial: (Reg. v. Holbrook, 39 L. T. Rep. N. S. 536. Q.B.)

TRESPASS-FOXHUNTING-ASSAULT-JUSTI. FICATION.-A huntsman in fresh pursuit of a fox is not justified in forcing an entry upon land against the will of the owner. The appellants, while in fresh pursuit of a fox, came to land managed by the respondent for his father. The respondent warned them off, and endeavoured to prevent their going upon the land. The appellants thereupon attempted to force an entry, and, in so doing, committed an assault, for which they were convicted and fined. Held that the conviction was right, as foxhuuting was no justification of a trespass, which the respondent therefore lawfully resisted (Paul v. Summerhayes, 39 L. T. Rep. N. S. 574. Q. B.)

:

REWARD FOR INFORMATION LEADING TO APPREHENSION OF A CRIMINAL-SURRENDER OF A CRIMINAL INFORMATION SENT BY CONSTABLE-COMMUNICATION OF MATERIAL FACTS. -A reward was offered to any person giving such information to the superintendent of police at D. as should lead to the apprehension of G. G. gave himself up to the chief constable at E., who, after searching the Police Gazette, and satisfying himself as to G.'s identity, telegraphed to the superintendent at D., "Do you hold warrant for the apprehension of G. for forgery?" and received a telegram in return, “I still hold warrant for G., and should like him to be apprehended." Upon that the chief constable at E. apprehended and charged him, and he was ultimately convicted. Held, that the chief constable at E. was not

DISTRICT CHURCH-METROPOLIS-INCUMBENT DANGEROUS STRUCTURE-OWNER.-The defendant was incumbent of a district church in

the metropolis, built under the provisions of the Church Building Act 1818, by which repairs of the churches are to be made by rates in the districts, in like manner as in cases of repairs of churches by parishes. Part of the tower fell upon a passerby, and the tower was duly repaired by the Metropolitan Board of Works, in pursuance of Part 2 of the Metropolitan Building Act 1855 concerning dangerous structures. A stipendary magistrate refused to grant a warrant of distress for the cost of these repairs upon the incumbent. Held, upon a rule for mandamus, that the incumbent, not being in the receipt of rent or profits from the church, was not the " owner within the meaning

of the Act and tha the was not therefore liable for

these repairs; (Reg. v. Lee, 39 L. T. Rep. N. S. 605, Q. B.)

RESTITUTION OF PROPERTY OBTAINED

BY FALSE PRETENCES. INNOCENT PURCHASER-RIGHT OF RETENTION. THE general rule of the law of England is, that no man can acquire a title to a chattel personal from anyone who has himself no title to it, except only by sale in market overt: (Peer v. Humphrey, 2 Ad. & Ell. 595.) Such a sale, however, if attended by the formalities prescribed by the common law, such as payment in open market, &c., gives the purchaser a right to the article purchased against all the world, even though the article be a stolen one, and the vendor be the actual thief In the case, however, of a stolen article, the statute law has intervened to revest the property in the original owner where he has prosecuted the thief to conviction. Thus, by the Larceny Act (24 & 25 Vict. c. 96), sect. 100, it is enacted that, if " any person guilty of any such felony or misdemeanour as is mentioned in this Act.. shall be indicted for such offence and convicted thereof, in such case the property shall be restored to the owner or his representative," &c. This enactment is merely in conformity with several similar enactments which have come down from the 21 Hen. 8, c. 11. Simple as this provision appears to be, it has more than once given rise to litigation, and the difficulty has been in deciding, who is the party liable to make restitution? An article stolen may pass through very many hands before the rightful owner is entitled, by the conviction of the thief, to claim restitution. Who amongst these various parties is liable to make restoration, the person who originally obtained the goods from the thief, or he who unfortunately was their possessor at the time of conviction? This question is to be answered by a consideration of the question, in whom is the property vested? As we have seen, a sale in market overt conveys a legal title to the purchaser, however unlawfully the goods may have come into the possession of the vendor, and that this legal title cannot be impeached until there is an order for restitution upon the conviction of the thief.

The rule of law was very clearly expressed by the Court of Queen's Bench as long ago as Horwood v. Smith (2 T. R. 750), in which it was held that the owner of goods stolen, though he prosecutes the thief to conviction, cannot recover the value of them from the person who purchased them in market overt and sold them again before conviction, although the owner gave him notice of the robbery while they were in his possession. Lord Kenyon said, :n his judgment: "There is no doubt that the original owner of the goods

(eighteen sheep) who prosecuted the thief to conviction has a right to the restitution of them. But the question here is, whether he can maintain this action of trover against the defendant, who was not in possession of them at the time of the attainder; and we are of opinion that he cannot. To maintain this action, the defendant should have been in possession when the attainder hap pened. But, if he could maintain the present action, he may recover with equal propriety against any one of the various persons through whose hands the goods may have passed in the intermediate time. Now, it cannot be conceived that he should have his remedy against so many; there must be some person to answer him to the extent of his demand. The statute has directed that in certain circumstances there shall be a restitution of the goods. But during the interval between the felony and the conviction, the property remains in dubio, liable to be defeated by the attainder. Now during that time the defendant purchased the goods in question for a valuable consideration.

the case.

If, in this case, the goods had remained in the defendant's possession at the time of the attainder, that would have altered But he had the good fortune to get rid of them before that time, and another person was There is no case then substituted in his room. in which an action has been maintained against a person in the defendant's situation. The plaintif has a right to the restitution of the goods in specie, and perhaps would be entitled to recover damages in trover against any person who is fixed with the goods after conviction, and refuses to deliver them, for the goods are converted to the prejudice of the owner."

said:

Mr. Justice Buller also

This is an action of trover for sheep, and in order to maintain it the plaintiff must prove that the sheep were his property, and that while they were so they came into the defendant's pos session, who converted them to his own use. Now, when did the plaintiff's property begin in this case? Not till after the conviction of the felon : because, before that time, the property had been altered by a sale in market overt. From the time

of the conviction the defendant has never had possession of the sheep then it cannot be said that he converted the plaintiff's 'sheep to his use. having parted with them when the property was revested in the plaintiff."

The question, therefore, where the property has been bought in market overt, whereby the right of property is transferred to the purchaser, is clear from ambiguity. It has, however, beer. recently questioned how far the same principle applies to similar facts where the property has not been bought in market overt. In the very recent case of Moyce v. Newington (39 L. T. Rep. N. S. 535) it appeared that the plaintiff. who was a butcher, purchased in Maidston Market (which was one recently established under a local Act of Parliament, and was not therefore one in respect of which the protection arising from a sale in market overt would attach) forty-nine sheep of a man of the name of Wale. The transaction was a regular one; but it turned out that the sheep had been obtained by Wale of the defendant by a purchase, in which he made payment by a cheque upon a bank at which he had no fund and kept no account, and which cheque was ac cordingly dishonoured. Wale was afterwardapprehended, tried, and convicted of obtaining the sheep by false pretences. The sheep were taken by the plaintiff to his own premises. Before the trial of Wale, the defendant went to plaintiff's premises and there took possession of the sheep. and removed them to his own farm. At the trial. as the sheep were in the then possession of the prosecutor (the defendant in the action), no order for restitution was made. The plaintiff having brought his action to recover from the defendant the sheep in question which he had removed from his premises, the Court held that he was entitle to recover, holding that the 100th section of the 24 & 25 Vict. c. 96 applies to cases only in which possession has been obtained without the property passing, and for this the case of Lindsay v. Cundy (L. Rep. 1 Q. B. Div. 348) was quoted. In the corsidered judgment of the court, Lord Chief Justice Cockburn says: "In the present case there was no property in the prosecutor at the time of convic tion. It had been parted with by a contract. which, though under the circumstances voidable. ceased on the sale before it had been avoided to be any longer voidable, and as to which, therefore. the right of the plaintiff had become indefeasible. It cannot have been the intention of the statute to defeat it nevertheless, and by the mere convic tion of the fraudulent purchaser to deprive the innocent buyer of the right which, according to the decisions in the series of cases already referred to, had become absolute in him. Our judgment must therefore be for the plaintiff."

It will be seen that in this case the defendant had actually sold and transferred to Wale she property in the sheep, and although the consideration for the sale was a cheque which was worth less. yet the sale was a good one in law unti avoided by the seller; but before any such avoid

After hearing numerous witnesses on either side His Honour at the conclusion of the case, which took the best part of the day, observed that he

had no doubt that the claim made was extravagant and exaggerated, and he would have to consider the evidence very carefully, in order to satisfy himself whether defendant had used more than sufficient force to eject the woman from the room. He therefore reserved judgment, which was given on Thursday as follows:

HIS HONOUR.-I regret very much that a jury was not demanded by either of the parties, and that I have consequently to discharge the functions of a jury in the present case. Since the hearing I have carefully reperused my notes of the evidence, and given the case my anxious consideration, and I am now prepared to state the conclusions at which I have arrived. Before doing so, however, I think it right to remark that the plaintiffs have most certainly failed to prove the principal allegations

contained in their statement of claim as to the consequences of the alleged assault, and have not only allowed a considerable time to elapse without bringing any action, but (according to their own evidence) have brought this present action, not on their own motion, but at the instigation of a gentleman of the name of Side, who is a candidate for

the office of a member of the school board at the coming election, and who has introduced them to a solicitor whose firm conducts this action, and who is also a candidate in conjunction with Mr. Side for the same office; and lastly, they have brought this action without any previous application to the defendant for compensation. It is unnecessary to add that the circumstances militate very strongly against the plaintiffs' claim, at all events as regards the amount of damages. The conclusions to which I have come, upon the very conflicting evidence in the case, are as follows: That Mrs. Cobbold having been informed (whether correctly or not) on the 30th Oct. last that her son had been caned by the defendant (not with any severity), for absence from school, notwithstanding that she had sent by her son a letter stating that such absence was occasioned by his illness and was sanctioned by his parents, proceeded on the following day to the school in a state of much excitement, and inquired for the defendant of some of the scholars in a very improper and insulting manner. That, having learned that the defendant was in his private room, she, without previously knocking at the door, rushed into the room and addressed him in a violent and threatening manner; that the defendant was at that time without his coat,

and preparing to wash himself, and, irritated by such an intrusion at such a moment, did, without first ordering her to leave the room, or, at all events, without waiting a reasonable time to see if she would obey such order, seized her with undue force and haste, and in a dangerous manner, especially considering that there were two steps leading upwards from this room into the passage outside, and that Mrs. Cobbold was offering much resistance; that Mrs. Cobbold consequently fell against the steps with some violence, although fortunately without any serious consequences, and that in the scuffle and fall she received slight in

out the year. The library appears to be increasingly used by members, but no record is kept from which the increase can be ascertained. dulness of trade during the past year has led to a The great diminution of real property sales, and the income expected from the use of the society's rooms for this purpose has not been realized Considerable use has been made of the rooms for meetings of creditors and arbitrations, but the committee cannot help thinking that the society's income from this source might easily be largely augmented if members would more generally exert their legitimate influence in its favour on all suitable occasions. The committee would again remind the members that the object with which the society started the sale room and consultation rooms was to distribute over a wider area the cost of keeping open a law library for the use of the members.

LIBRARY.-The Law Reports, and legal periodicals, and a few works of reference have been added to the library during the past year; but the supply of new works has been certainly stinted for want of funds. The committee have received an intimation from Mr. Jos. A. Philipson (who has filled the office of honorary librarian for upwards of ten years) that he would be glad to be relieved from the duties of this office. It is right to notice on this occasion that the formation of the library is in a great measure due to Mr. Philipson's exertions. The standing committee have recently issued fresh regulations for the management of the library, to meet what appeared to be the wish of the members at the last annual meeting.

without success.

The

which will come into operation on the 1st Jan. BILLS OF SALE ACT.-This important measure, during its progress through Parliament. next, was carefully considered by the committee most important of its provisions is that contained in the 5th section, which provides that trade machinery, as therein defined, shall be deemed to be personal chattels, and that any disposition thereof by the owner, which would be a bill of sale as to other personal chattels, shall be deemed to be a bill of sale within the meaning of the Act. The committee fearing that this section would be found very embarrassing in practice and injurious to the interests of the owners of property, the value of which depends on trade fixtures, supported the Incorporated Law Society in opposing it but by the Act, include a great deal of manuTrade fixtures, as defined hitherto passed facturing plant which has The provision that mortgages containing attornwith mortgages of the land without registration. ment clauses shall be deemed to be bills of sale will afford additional protection to ordinary credisuch mortgages will, it is feared, press somewhat tors, but the consequent increase in the cost of heavily on a considerable number of those who, through the aid of building societies, buy the houses they occupy. The committee think it well to draw the attention of the members to the new provisions as to registration, and as to the attestation by a solicitor. It is hoped that the latter provision will materially check the preparation by money lenders, accountants, and other irresponsible persons, of such grossly unfair bills of sale as ignorant persons are now frequently entrapped into signing; but in order that this may be so it refusing to attest a bill of sale unless it has been is necessary that solicitors should co-operate in prepared by a solicitor. Another great change is that effected by the 20th section, which enacts that chattels comprised in a registered bill of sale shall not be deemed to be in the order or disposition of the grantor within the meaning of the Bankruptcy Act. It has long been seen to be unreasonable that the order and disposition clause, which rests on the principle of credit being given on the faith of the grantee's ownership of the chattels in question, should override a registered bill of sale which the creditor could have dis

pro

deeds or of title, which has yet been suggested. The views of your committee were communicated to the associated provincial law societies. Mr. during the parliamentary session, and reported Morgan's committee examined several witnesses the evidence. It will probably sit again next session, and it is expected that four witnesses, representing country law societies, will be examined before it. The opinion of the society was asked, in January last, by the Bristol Law Society. on the following question: "In contracting for the sale for a sum in gross of a plot of land (part of a building estate), subject to building and other covenants, stated seriatim in a contract, is it improper, from a professional point of view, for the vendor's solicitor to stipulate in such contract for the preparation of the conveyance by himself

PRACTICE.

at the purchaser's expense?" The committee replied that, in their opinion, the question should be answered affirmatively; the vendor might stipulate that the conveyance should be in a particular form set out or referred to in the contract, but could not properly require that his solicitor should prepare the conveyance.

MATTERS RELATING TO SOLICITORS.-The attention of the standing committee was called during the past year to a case where it was alleged that a solicitor in this neighbourhood had taken as an articled clerk a young man who had been guilty of very recent dishonesty towards a previous master. The committee invited the solicitor to explain the matter, and he attended the committee, and made a statement, admitting the alleged facts, but stating that he believed the clerk was sorry for what he had done, and was not likely to offend again. The committee felt it to be their duty to inform the solicitor that, as then advised, they would have to communicate the facts relating to the clerk's conduct towards his previous master to the registrar of solicitors, in the event of his offering himself for examination under the Solicitor's Acts, and to direct the solicitor's attention to the questions which he will have to answer under the regulations of 27th Nov. 1877. The committee have felt it their duty during the past year to bring under the notice of the council of the Incorporated Law Society of the United Kingdom certain alleged facts, amounting to a charge of very serious misconduct and dishonesty on the part of a solicitor recently practising in an vestigation. adjoining county, and the case is now under in

PRELIMINARY EXAMINATION. - During the past year the standing committee have had occasion to consider the propriety of supporting application for dispensations from the passing of the preliminary examination. They feel strongly that the efforts of the general body of the profession to raise its tone and character entitle it to the right of investigating and deciding in the first instance upon all applications for the exercise of the dispensing power. The council of the Incorbody well qualified to fulfil this duty on the part porated Law Society of the United Kingdom is a of the profession; and the standing committee would be glad if the members of the society in general meeting should see fit to support this view by resolution.

THE ASSOCIATED PROVINCIAL LAW SOCIE TIES. This association now embraces twenty-two thirty-five, and constitutes a useful and effective provincial law societies out of a total number of organisation for ascertaining and giving effect to the opinions of the country members of our Profes sion. The annual general meeting was held in London on the 29th March, when the Bankruptcy Law Amendment Bill was considered, and it was resolved as follows: 1. That there is no reason why the distinction between trader and non-trader should be preserved. 2. That it is desirable that among the preferential debts mentioned in clanse 48 of the Bill should be included, the proportion last preceding payment up to the filing of the of rent of a debtor's premises from the date of the petition. That a trustee continning in possession of the debtor's premises should be bound to pay rent during his occupation, such rent being at the previous rate accruing de die in diem, and that he should be at liberty to give up the premises to the landlord at any time without notice. 3. That a secured creditor, on valuing his security, should be at liberty to give notice to a trustee, requiring him within six calendar months to take the security at the valuation, and in default of the trustee should be at liberty to apply to the court for all redeeming the creditor at that amount, the latter order vesting the security in him free from all equity or right of redemption of the debtor or his trustee, and to receive dividends on the amount of his proof above the value of his security. That the right to compel a trustee to elect within a limited time whether he will disclaim onerous property should be extended to the case of onerous contracts." A meeting of the committee was held on the 7th June, and a general meeting of the association on the 21st June, to consider the subject of Mr. Osborne Morgan's Committee on Land Registration. At these meetings this society was

represented by your treasurer, Mr. Dees; and on the latter occasion the opinions of eleven country law societies were collected, and the following resolutions were passed: 1. That it is expedient to offer evidence on behalf of the country law societies before Mr. Osborne Morgan's Committee; and that a deputation from this meeting, consisting of Messrs. Dees, Burne, Bateson-Wood, Howlett, Thornley, Winterbotham, and Marshall, be empowered to arrange with Mr. Osborne Morgan as to giving such evidence. 2. That the measures successively passed in the years

present year are Messrs. Salt, Neuill (Wellington), Williams (Oswestry), E. Cresswell Peele (Shrewsbury), Cooper (Bridgnorth), E. Bagnall Potts (Broseley), Chandler (Shrewsbury), G. Gordon Warren (Market Drayton), and Weyman (Ludlow). It was reported that the proposed conditions of sale had been framed, and it was resolved that a printed copy of the draft should be forwarded to each member for his perusal and observations.

LEGAL NEWS.

IN the Queen's Bench Division, on Monday, be-fore the Lord Chief Justice and Mr. Baron Pollock. Mr. Harrison, Q.C., applied, on behalf of Mr. Moojen, for a rule nisi for a certiorari, to remove any indictment for perjury that might be found against him at the Central Criminal Court into the Queen's Bench Division for trial. The perjury was alleged to have been committed in the course of some complicated proceedings in Chancery desired that the case should be tried by a judge and by a special jury. The rule was granted.

have failed to obtain the adhesion of owners of property, and are, practically, a dead letter. 3. That the objections which deter owners from seeking to place their property on the register of title appear to be inherent in the systems which have been offered to them by the Acts of 1862 and 1875. 4. That, with the view of removing some of these objections, it might be desirable to amend the Land Transfer Act 1875, by providing that landowners should have power to remove their land from the register, retaining, nevertheless, the benefit of a declaration of the title, absolute, or otherwise, at the date of removal. 5. That the improvements in the law of real property effected by the Transfer of Property Act, the Acts relating to Trustees and Mortgagees, the Real Property Limitation Act, the Vendor and Purchaser Act, the Settled Estates Act, and other recent statutes, indicate the direction which further legislation may usefully take, and that such further legislation should (amongst other things) provide for an amendment of the law as regards notice, and lien for judgment and crown debts and succession duty. 6. That whilst no system of registration which has hitherto been devised can be relied on as an absolute preventive of fraud, any system of registration will necessarily occasion considerable east and some delay in dealing with real proparty.

THE INCORPORATED LAW SOCIETY OF THE UNITED KINGDOM.-The committee have again to acknowledge important services rendered to the Profession and the public by the council of this society during the past year. Amongst these may be mentioned the inauguration of the new system of conducting the intermediate and final examinations: efforts to procure an amendment of the law relating to tacking and consolidation of mortgages: the careful watching of the measures introduced during last session, especially those relating to Bills of Sale, Bankruptcy Law Amendment. Bar Education and Discipline, and County Courts: and the assistance rendered towards proenring the consideration and settlement of various questions of law of great importance to solicitors. The annual provincial meeting of the society was held at Manchester in October last, under the presidency of Mr. Hollams, and was largely attended by solicitors from London and all parts of the country, who were most hospitably entertned by the president and members of the Manchester Incorporated Law Association. The subjects discussed in the address of the president e abraced the County Court system and the BankPaptey Law. On each of these subjects he made sme useful and important remarks. [Pressure

o our

space prevents us reproducing them.] Resolutions were passed affirming the desirability of a fourth assize for the transaction of civil busin for York and Lancaster, and a third assize for similar business in Durham and Northumberland, and that all civil causes should be entered when ready for trial with the district registrar in the town where the action is to be tried. Attention was called to the summoning of jurors, in a paper read by Mr. Gibson, the hon. secretary of this society. The society will be gratified to learn that Mr. Laws, the president of this society, has been elected one of the extraordinary members of the council of the Incorporated Law Society of the United Kingdom for the year ending Oct.

1879.

EXPENDITURE OF THE SOCIETY.-The accounts for the past year will be laid before the meeting. In accordance with the bye-laws, the committee have estimated the expenditure of the society during the coming year, and their estimate will be submitted to the meeting. They recommend that a contribution of £2 2s. from each member be declared necessary for the purposes of the society.

SHROPSHIRE LAW SOCIETY. THE annual meeting of the Shropshire Law Society was held at the Society's Rooms, Belmont, Shrewsbury, on the 30th nitimo, the president, Mr. Salt (of the firm of Salt and Sons, Shrewsbury), in the chair. The report of the committee was read and adopted, and the accounts of the hon. secretary and treasurer were passed. Mr. How (Shrewsbury) was elected president for 1879, and Mr. Henry Lee (Whitchurch) vicepresident. Mr. Osborne (of Phillips, Osborne, and Phillips, Shifnal) was re-elected honorary cretary and treasurer. The committee for the

PROFESSION.

NOTE.-This Department of the LAW TIMES being open to free discussion on all professional topics,the Editors do not hold themselves responsible for any opinions or statements contained in it.

V. C. HALL'S CHAMBERS.-I am pleased that your efforts have been crowned with success, and that the junior clerks are to hear summonses as in the Master of the Rolls' and Vice-Chancellor Malin's chambers. I addressed one or two letters to you on the subject, and I shall feel obliged if you will allow me to call attention to the ViceChancellor Bacon's chambers. In consequence of be a convenience and a saving of time if the junior an accident one chief clerk is away, and it would clerks (who at present are not overburdened with work) were to take formal summonses. A SUFFERER.

NOTES AND QUERIES.

None are inserted unless the name and address of the writer are sent, not Leessarily for publication, but as a guarantee for bona fides.

51. BANKRUPTCY PRACTICE.-In case of bankruptcy of partners, should joint creditors prove against joint as well as seperate estate of such partner, and must they elect which to take dividend on? Where holder of a bill proves against estates of drawer, acceptor, and indorser, how are dividends usually proportioned, as holder might get more than 20s. in the pound. Where only one of partners liable on bill is bankrupt, it is presumed proof should be made by holder against his estate, and in an action against others divid nd cred.ted? Where partners dissolve, and each soon afterwards fails, how should creditors generally prove, and how are estates administered? STUDENT FOR FINAL.'

"

52. MARRIAGE BY REGISTRAR.-Would you permit me to bring to your notice, and that of your readers, the subject of a marriage contracted at a Registry Office under the following peculiar circumstances, viz: 1. By an Act passed in the reign of King William IV., it is marriage by register. In a case I am acquainted with, necessary to give three (5) weeks' notice previous to information respecting the marriage was given on a Wednesday, and the civil ceremony took place on Friday in the same week. No three weeks' notice was given, and therefore between the information respecting the marriage and the ceremony itself, there only elapsed one day. 2. The girl was under age. 3. The ceremony was performed without consent of parents. Is such a contract legal and binding? I suould feel extremely obliged for an answer, as I am anxious for information. DELLA-VINEY.

53. ELECTION OF AN OFFICER TO A PUBLIC INSTITUTION BY THE MEMBERS.-Where there are several candidates and no special rule exists to the contrary, and the sense of the meeting is taken by a show of hands, is not the candidate who has the greatest number of hands held up in his favour duly elected without proceeding further, and reading out the names until one candidate has an absolute majority of those present?

W.o.

LEGAL OBITUARY.

NOTE. This department of the LAW TIMES, is contributed by EDWARD WALFORD, MA., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britai; and, as it is desired to make it as perfect a record as possible, the families and friends of deceased members of the Profession will oblige by forwarding to the Law TIMES Office any dates and materials required for a biographical notice.

THE late Joseph Arden, Esq., barrister-at-law, of J. ARDEN, ESQ.

Rickmansworth Park, Herts, and of Clifford's Inn, Fleet-street, who died on the 30th ult., in the eightieth year of his age, was the eldest son of the late Joseph Arden, Esq., of Islington, and was born in the year 1799. He was called to the Bar by the honourable society of Gray's Inn. in Michaelmas term 1840, and for many years went the Home Circuit, enjoying a fair share of practice. He was recently made a bencher of his inn, and he was also principal of Clifford's Inn, of which he was for many years an "antient." Mr. Arden, who was a magistrate and deputylientenant for Middlesex and also a magistrate for Hertfordshire, married, in 1823. Mary Ann, daughter of John Munro. Esq., but was left a widower in 1865. His eldest son, Mr. Frederick Arden, late of the 12th Lancers, was born in 1826, and is married to his cousin, Helen, daughter of Hector Munro, Esq.

MR. R. H. DANA.

THE late Mr. Richard Henry Dana, barrister-atlaw, of Cambridge, Massachusetts, whose death is just announced, at the ripe age of ninety-one, was the descendant of a gentleman of the same name who had been sheriff of Middlesex in the reign of Elizabeth. His father, Francis Dana, LL.D., was at one time Minister to Russia, during the American Revolution, subsequently a member of Congress and of the Massachusetts Convention for adopting the national constitution, and afterwards Chief Justice of Massachusetts. The deceased was born at Cambridge, Massachusetts, in the year 1787, and after a course of three year's application to his studies at Harvard College, he was admitted to the American bar in 1811. Although his father and grandfather, and his mother's father and grandfather, were all members of the legal profession, Mr. Richard Dana does not appear to have followed it for any great length of time, probably owing to a constitution not very robust, combined with an inclination for authorship. In conjunction with his relative, Mr. Edward Channing, he assumed the partial editorship of the North American Review, but his connection with that publication ceased in 1820. In 1821 appeared the first volume of "The Idle Man; " but this was shortly afterwards discontinued. In the same year he contributed to the New York Review a poem, entitled the His best known Dying Raven. production, however, is the "Buccaneer," which, with some other poems included in the same volume, appeared in 1827. Since 1833 Mr. Dana wrote but little, beyond contributing a few articles to The Literary and Theological Review and The Spirit of the Pilgrims; he, however, appeared as a lecturer in the winters of 1839 and 1810, delivering a course of ten lectures upon Shakespeare, in the cities of Boston, New York, and Philadelphia. APPOINT- Mr. Dana was married and has left a family. His son Mr. Richard H. Dana, jun., is a distinguished member of the Boston Bar, and also the author of many well-known legal works, including "Laws Relating to the Practical Duties of Masters and Mariners, ""Customs and Usages of the Merchant &c. He also published a "Dictionary Mr. EDWARD HUGH JACKSON, of the firm of Service, of Sea Terms," the "Seaman's Friend; containF. and E. H. Jackson, solicitors, Wisbeach, has been appointed clerk to the governors of Wisbeaching a Treatise on Practical Seamanship," &c. Mr. Dana is perhaps best known as an author by his amusing book "Two Years before the Mast.

54. RATES.-Perhaps some of your correspondents will give me their opinion as to whether the municipal authorities have, for the purposes of education, power to lay what they may call a school or education rate, or whether the funds for such purpose must not come out of the general district rates. G. R. D.

55. BASTARDY LAWS.-Can any of your readers inform Singapore, and what means exist there for compelling a us whether there are any bastardy 1 ws in force at putative father to contribute to the support of his natural child? We have seached the books at the Colonial Office, and can find nothing bearing upon the point. Possiby some of your correspondents may have had some experience in this branch of the colonial law. C. & C,

PROMOTIONS AND

MENTS.

NOTA BENE.-Information intended for publication under the above heading should reach us not later than Thursday morning in each week, as publication is otherwise, delayed.

Grammar School. Mr. Jackson was admitted in 1850.

MR. JOHN HARCOURT LEE of 10, New-inn, Strand, W.C., has been appointed a commissioner to administer oaths in the Supreme Court of Judicature.

Mr. J. W. ARCH. CALKIN, of the firm of Clarke and Calkin, Rugby Chambers, Great James-street, W.C, has been appointed a commissioner to administer oaths in the Supreme Court of Judicature in England.

W. DAY, ESQ. THE late William Day, Esq., barrister-at-law, who died on the 31st ult., at his residence in Promenadeterrace, Cheltenham, in the seventy-seventh year of his age, was the eldest surviving son of the late William Day, Esq., of St. Neots, Huntingdonshire, and was born in the year 1802. He was called to the Bar by the honourable society of