manner, and within such time, as to the council may appear expedient." In the present case, it seems to have been assumed by the corporate authorities that when under an order to pave and flag a street the work had been, for some cause, suspended and an apportionment of the costs and expenses made upon the owners of property for so much of the work as had been completed, that without any further order the paving and flagging could be resumed, and new apportionments made from time to time under the original order until all was completed to the satisfaction of the council. I am of opinion that this cannot be done, and that in the absence of any subsequent order to that of the 31st of March 1871, to complete the unfinished paving and flagging of the street, and after the apportionment by the council of the cost of that already done, that the first order is satisfied, and that no further proceedings can be had under it. With regard to the second ground, which in my view constitutes an answer to the present claim, I am of opinion that even supposing the second apportionment of the 9th of Nov. 1874 could have been made under the original order, and that an action upon it could have been maintained, yet the unauthorised alteration made in it by the borough accountant, although afterwards sanctioned and adopted by the council, invalidates it, and makes it a document not capable of being sued upon. The defendant is no party to the alterations, nor has he given his consent to them. The amount of the apportionment without authority has been reduced from £76 17s. to £21 5s. 10d., and a new party with a new liability has been made a debtor for the difference. This appears to me, in addition to the other objections to the apportionment, fatal to any claim which may be supposed to arise out of it, and would of itself be an answer to the present action. No objection was raised at the hearing as to the jurisdiction of the court to entertain this action on the ground that, even if the second apportionment under which the present claim arises was properly made, and that the alterations subsequently made by the borough accountant did not affect its validity, the sum which the defendant was called upon to pay was £76 17s., and not £21 58. 10d., and that as this constituted one cause of action it could not be divided, and that as no abandonment of the excess over £50, the limit of the jurisdiction of this court, has been entered on the plaintiff's particulars of claim, the plaintiffs on that ground must be nonsuited. The view I have expressed upon the facts as they are in evidence before me renders any discussion upon this point unnecessary, and there

must be a verdict for the defendant.

Morrison, town clerk of Leeds, for plaintiffs.
J. W. Middleton for defendant.

MAGISTRATES' LAW.

NOTES OF NEW DECISIONS. MUNICIPAL LAW ELECTION PETITION · TAXATION OF COSTS-COUNSEL'S FEES.-The court will not interfere with the master's taxa

tion of counsel's fees, unless there is ground for thinking that he has not exercised a reasonable and fair discretion: (Hargreaves v. Scott, 40 L. T. Rep. N. S. 35. C.P.)

borough rate, then the expenses incurred by that
authority in the execution of the Act shall be
charged on and defrayed out of the borough fund
or borough rate. Sect. 211 provides that the
occupiers of land used as a railway shall be
assessed at one-fourth only of its annual value.
By an Act passed on the 13th July 1876 the
boundaries of the municipal borough of Walsall
were enlarged and made to include that part of
the commissioners' district which was previously
outside the borough, and the corporation was
declared to be the sanitary authority throughout
the borough as extended. The appellants were
the occupiers of a railway within the limits of the
extended borough. On the 1st Dec. 1876 the
corporation made a borough rate to provide for
sanitary expenses, and assessed the appellants at
the full rateable value of their land. Held
(affirming the decision of the Queen's Bench
Division, Mellor and Lush, JJ.), that the corpora-
tion, in respect of sanitary purposes within the
extended borough, had only power to make a
general district rate, and to assess the appellants
at one-fourth of the net annual value of their
land used as railway: (Reg. v. Overseers of Wal-
sall. 40 L. T. Rep. N. S. 47. Ct. of App.)

WILL-LIFE INTEREST DETERMINABLE ON BANKRUPTCY-WORDS OF FUTURITY IN CLAUSE OF FORFEITURE-ANNULMENT OF BANKRUPTCY. In a case where a life interest in property was given, and there was a clause providing that if the annuitant" should become insolvent or be declared bankrupt, or should assign, charge, or incumber, or attempt or affect to assign, charge, or incumber his share of the income of the trust estate," his interest should absolutely cease and be forfeited, and go over as in the will provided, and the annuitant became bankrupt before the date of the will to the knowledge of the testatrix, and the bankruptcy was annulled three years after the testatrix's death, but before the time had arrived at which any payment could have been made to the residuary legatee in whose favour the gift over operated: Held, that no forfeiture took place (Ancona v. Waddell, 40 L. T. Rep. N. S. 31. V.C. Hall.)

COMPANY LAW.

VOLUNTARY WINDING-UP

SHAREHOLDER'S

NOTES OF NEW DECISIONS. MUNICIPAL CORPORATION-APPLICATION OF WINDING-UP-PRACTICE-COSTS.-Costs were BOROUGH FUND OPPOSING A BILL IN PARLIA given to a creditor who opposed a petition by a MENT. A municipal corporation is justified in paid-up shareholder to wind-up an insolvent comusing the borough fund for the purpose of opposing pany: (Re Carnarvonshire Slate Company, Limiperty, or privileges are sought to be imperilled or a Bill in Parliament whereby its existence, pro-ted, 40 L. T. Rep. N. S. 35. V.C. Malins.) diminished, both by virtue of the 92nd section of PETITION FOR COMPULSORY ORDER ALLEGED the Municipal Corporations Act 1835, by which the FRAUDULENT ALLOTMENT.-A winding-up is a employment of the borough fund is authorised in bar to the making of a compulsory winding-up payment of "all other expenses not herein other-order on a shareholder's petition, unless there has wise provided for which shall be necessarily in- has been fraud in the passing of the resolution curred in carrying into effect the provisions of this for a voluntary winding-up, or the resolution has Act," and by virtue of the general law by which been passed by the preponderating influence of the owners of property in trust are authorised to directors or others whose conduct is alleged to be reimbursed out of the trust estate for any require investigation. A company was incorpoexpenses necessarily incurred for its protection or rated in 1873, with a registered capital of £100,000 otherwise: (Attorney-General v. Mayor, &c., of in £1 shares, for acquiring and working a mine. Brecon, 40 L. T. Rep. N. S. 52. Jessel, M.R.) One of the articles of association provided that the directors might allot and issue shares on such terms as they should think fit, and that if at any time it should appear to them that the capital of the company for the time being subscribed would be sufficient for the purposes of the company, they might allot any shares which then remained unallotted to and among the then shareholders, in proportion to the number of shares respectively held by them, and such shares might be so allotted as fully or partially paid-up shares, although no moneys might be received by the company in respect of such shares from any allottee thereof. Within two months after the incorporation of the company, when 25,000 shares had been allotted, siderations, a contract was signed between the some for cash and others for various alleged concompany and all persons who were then holders of shares, by which it was agreed that all the remaining 75,000 shares should be divided between the existing shareholders in proportion to their holdings, and allotted to them as fully paid-up shares. This contract was registered, and the allotments were made accordingly, without any payment being made in respect of the shares so allotted. In May 1877 resolutions were duly

LOCAL AUTHORITY-PUBLIC HEALTH ACTDISCHARGE OF CONTRACT BY STATUTE.-By a board B. to allow B. to cause the sewers of B. to deed, dated 1874, local board A. agreed with local communicate with a sewer of A., provided that by B. to pass into the sewers of B., so as to disthe sewage of other places should not be permitted charge into the sewer of A. Persons in other places constructed sewers, connected with sewers of B., and discharging through them into the sewer of A. B. made no attempt to restrain them. A. claimed an injunction restraining B. and the persons in other places from causing or permitting the flow of sewage from any of such other places into sewers of B., so as to discharge as aforesaid. On demurrer, held that, by the effect of the Public Health Act 1875, sect. 22, the contract made by the proviso in the deed of 1874 was discharged, and the persons in other places had a right to connect with the sewer of B. with out making any application to A.: (Newington Local Board v. Cottingham Local Board, 40 Ľ. T. Rep. N. S. 58. Malins, V.C.)

MAGISTRATES' CLERK-FEES-LIABILITY OF

REAL PROPERTY AND
CONVEYANCING.

PERSON GIVING PRISONER INTO CUSTODY.An inhabitant of a borough, who gives into the custody of a police constable suspected persons, and gives evidence against them before the RATING-BOROUGH TOWN COUNCIL-LOCAL borough magistrates, is not liable to the clerk of ACTS-PUBLIC HEALTH ACTS.-By a private the magistrates for his fees in respect of the conAct, passed in 1848, Improvement Commissioners viction of such persons, under the Vagrant Act, were appointed with powers to carry out certain as rogues and vagabonds. Semble, that the improvements for sanitary purposes in a district borough fund is liable for such fees: (Reddish v. comprising part of the municipal borough of Wal-Hitchinor, 40 L. T. Rep. N. S. 65. C. P.) sall and part of the town of Walsall outside the borough. The Act gave the commissioners power to levy a rate for defraying the expenses incurred in carrying the Act into execution, and provided that the occupiers of land used as a public railway in the district should be assessed at onefourth only of its annual value. The Public Health Act 1872 made boroughs urban sanitary districts, and the council of a borough the urban sanitary authority; and by sect. 7 (and sect. 3 of the Sanitary Law Amendment Act 1874) all the powers, duties, and obligations with respect to sanitary purposes of bodies having jurisdiction under a local Act were transferred to the urban sanitary authority of the district. Sect. 16 of the Act of 1872 provides that all expenses incurred or payable by an urban sanitary authority under the Sanitary Acts shall, where the Local Government Acts were not in force at the passing of the Act, be defrayed, in the case of the council of a borough, out of the borough fund or borough rate. By sect. 207 of the Public Health Act 1875 all expenses incurred or payable by an urban authority in the execution of the Act

shall

be charged on and defrayed out of the district fund and general district rate leviable by them under the Act, except that, if in any district the expenses incurred by an urban authority, being the council of a borough, in the execution of the Sanitary Acts were at the time of the passing of the Act, payable out of the borough fund or

NOTES OF NEW DECISIONS. VENDOR AND PURCHASER-REQUISITIONS ON TITLE-INQUIRY AS TO INCUMBRANCES NOT DISCLOSED BY THE ABSTRACT.-A requisition on title in these words: "Is there, to the knowledge of the vendors or their solicitors, any settlement, deed, fact, omission, or any incumbrance affecting the property, not disclosed by the abstract?" Held (reversing the decision of Hall, V.C.), to be an improper requisition. Re Solomon and Davey overruled: (Re Ford, 40 L. T. Rep. N. S. 41. Ct. of App.)

EQUITABLE ASSIGNMENT-PRIORITY OF AsSIGNEES-NOTICE.-The rule of Dearle v. Hall (3 Russ. 1), that the second assignee of an equitable interest without notice of a former assignment of which the trustees have received no notice, obtains by giving notice to the trustees priority over the first assignee, holds good where the first assignment was made by the person originally entitled, and the second by his executor or administrator, or other person claiming through or under him: (Re Freshfield's Trusts, 40 L. T. Rep. N. S. 57. Jessel, M.R.)

passed for a voluntary winding-up of the company, and appointing the secretary of the company liquidator. After the voluntary winding-up had gone on for several months, a shareholder who had bought 100 shares in the company, at of the memorandum of association, who was also £1 0s. 9d. per share, from one of the subscribers one of the allottees of the freely allotted shares, believing £1 to have been paid on each share, presented a petition for the compulsory winding-up of the company, on the ground that the allotment of the 75,000 shares was fraudulent and required investigation, and that the directors and their friends ought to be made to account for the profit made by the sale of those shares. Held (reversing the decision of Malins, V.C.), that the petitioner was precluded by the voluntary winding-up from obtaining a compulsory winding-up order. Held also, that, objectionable as was the clause in the articles of association empowering the directors to allot the shares as fully paid-up, the case did not entitle the petitioner to a supervision order, or to leave to use the liquidator's name in prosecuting proceedings against the directors, or to any remedy under the Companies Acts, but that his remedy was by action against the person of whom he had bought the shares: (Re The Gold Company, Limited, 40 L. T. Rep. N. S. 5. Ct. of App.)

MORTGAGE BY COMPANY ATTORNMENT CLAUSE-WINDING-UP.-Shortly before the commencement of the winding-up of a company, a distress was levied upon chattels belonging to them, under an attornment clause contained in a mortgage of the company's land and works to their bankers, to secure the balance of the current account. The mortgage was executed on the 22nd Feb. 1875, in the ordinary form of a mortgage to secure the balance of an account current with the bankers, and was limited to secure

That the report of the committee of management, the statement of accounts, and the report of the auditors be received, approved, printed, and circulated. Sir H. Jackson, Q.C., M.P., in seconding the resolution, spoke in eulogistic terms of the management of the association.

The resolution was carried.

That

can only wish them a continuance of that health | Mr. T. G. Stallard, Mr. G. S. Blakeway, Mr. J.
and strength, and I hope they will be rewarded H. Yonge, and .Mr. S. G. N. Spofforth, hon. secre-
by your re-electing them to fulfil the office for the tary. A letter was read from Mr. H. Caldicott,
ensuing year. I have to conclude by moving the apologising for his absence. The chairman alluded
following formal resolution :
in very feeling terms to the lamented death of Mr.
H. E. Macdonald, and moved the following reso-
lution, which was carred unanimously:
the members of the Worcester Legal Debating
Club desire to record their sense of the very
great loss the club has sustained in the death of
Mr. Horace Eustace Macdonald, who, as an
active and energetic member and committeeman,
and by his many good qualites, had long and de-
servedly won the high esteem of all its members ;
and they also desire to express their extremo
sympathy and condolence with Mrs. Macdonald
in her bereavement. That a copy of the above
resolution be forwarded by the secretary to
Mrs. Macdonald." Mr. F. Ronald Jeffery was
who is about taking up his residence in Tewkes-
elected secretary in the place of Mr. Spofforth,
bury, and Mr. Blakeway was elected on the com-
mittee in the place of the late Mr. Macdonald. A
very interesting debate followed on a moot point
of law relative to the construction of a will. Many
the most important being that of O'Mahoney v.
cases were referred to during the debate, one of
Burdett, recently decided in the House of Lords.
After the debate the chairman, in a few appro-
priate words, referred to the active and pains-
taking interest which Mr. Spofforth as their
secretary had always shown in the welfare of the
club, and the conviction of the members that it
was to his untiring energy that its success was
mainly attributable; and on behalf of the members
generally desired him to accept a handsome marble
time piece, upon which was a suitable inscription,
in recognition of their appreciation of his services,
and as a token of their esteem. Mr. Spofforth
having appositely replied, the meeting separated.

That the following be the committee of management
for the ensuing year: The trustees, ex officio; the
Attorney-General ex officio; the Solicitor-General ex
officio; Edward E. Kay, Esq., Q.C.; Henry Fox Bris-
towe, Esq., Q.C.; Sir Henry James, Q.C., M.P.; Eneas
J. M'Intyre, Esq., Q.C.; Farrer Herschell, Esq., Q.C.,
M.P.; Arthur Cohen, Esq, Q.C.; Frederick A. Phil.
brick, Esq., Q.C.; C. Locock Webb, Esq., Q.C.; George
Chance, Esq.; Daniel Thomas Evans, Esq.; R. E.
Turner, Esq.; James C. Ma hew, Esq.; Charles J.
Murch, Esq.; William W. Karslake, Esq.; Charles
8. C. Bowen, Esq.; Howard W. Elphinstone, Esq.;
Samuel Poynter, Esq.; Robert T. Reid, Esq.
Mr. T. Chitty, Q.C., briefly seconded the resolu-
tions, which was also carried.

Mr. Herschell, Q.C., M.P., moved, and Mr.
M'Intyre, Q.C., seconded

That the thanks of the meeting be given to Arthur
S. Eddis, Esq., Q C., and Gainsford Bruce, Esq., for
auditing the accounts of the association, and that they
meeting, which was carried.
be appointed auditor until the next annual general

It was then moved by Mr. Justice Denman, seconded by Mr. Holl, Q.C., and resolved committee of management and to the honorary secrepromoting the objects of the association.

That the thanks of the meeting be given to the

taries for the time and trouble they have bestowed in

The next resolution, which was passed, was moved by Mr. Clement Milward, Q.C., and seconded by Mr. Cave, Q.C.

That the thanks of the meeting be given to the treasurer and masters of the bench of Lincoln's-inn for the use of their hall to hold the sixth annual general meeting.

enabled to maintain him, if not in luxury or
decent comforts, at any rate to solace his declining
years by the prospect of a comfortable home.
(Cheers.) I now come to the other class of cases
who are more particularly the object of this asso-
ciation. There is a stage of the failure when
men sink beneath the load of anxiety and distress.
They leave the world, but leave behind them
frequently widows and children whom they main-
tained with difficulty whilst alive, but for whom
they are unable to make any provision at all
when dead. I consider that these widows and
children have a claim upon the assistance of the Mr. Justice Manisty, who was received with
association (applause); and a claim which is cheers, said that the Master of the Rolls had quite
always recognised. (Hear, hear.) In many cases exhausted the subject, not leaving a single word
the departed husbands had been men of con- to be said. He could not sit down without con-
siderable mark, who had been often able to main-gratulating the committee of management for the
tain themselves whilst alive, but not able to make efficient manner in which they had conducted the
sufficient provision at their death. They had business of the association. He moved:
sometimes been cut off in the midst of a prosperous
career, before they had time to make such pro-
vision. In their case they had, through mis-
fortune, sometimes caused by entering into com-
mercial adventures, lost their little all, thus
leaving those nearer and dearer to them in a
destitute condition. (Hear, hear.) I will mention
two cases which have been relieved last year.
One is the case of a widow aged sixty. Her
husband was a doctor of laws of Cambridge, and
he practised for several years as a conveyancer,
and died some time back, leaving a little capital,
which has been lost by one of those unfortunate
investments with which we are all but too familiar
in the courts of law and equity. (Hear, hear.)
The lady took to letting lodgings as a means of
living, but they being unlet for a year, she got
into debt. She was slightly paralysed. Her two
daughters obtained situations as post office
clerks, and they have been able to assist their
mother and keep themselves. But what was
required was to pay off her debts, £70, and
to start fresh. That money was given to her by
the association, and she is now free from debt,
and has taken a small house, in which there is one
lodger, and by the assistance of the daughters who
live with her, she is enabled to obtain a decent
maintenance. (Cheers.) The other case is that
of a lady whose husband practised for some years
at the Equity Bar. After a time his physical
health gave way, and he retired into the country,
having enough to live upon. Some years ago he
died, and the widow went to live with her brother,
a clergyman. I think the clergy are not the best
judges of investments, and this unlucky clergy-
Sir Henry James, Q.C., said that they could not
man invested his and his sister's all in one of separate without performing one important duty.
those associations not of a charitable description, had moved for five years past a vote of thanks to
In his capacity as chairman of the committee, he
the history of which we are too well acquainted the chairman, but he had never done so with
with. The result was the utter ruin of the clergy-greater pleasure than on the present occasion,
man and his sister. She has applied to the asso-
ciation, and has received some temporary assist-
ance, and it is believed that in a short time some
arrangement will be made by which she will get
provided for in the future. (Cheers.) I am sorry
to detain you (No, no), but I have always found
charity in the concrete is much more interesting
than charity in the abstract. (Hear, hear.) I
will now say a word or two as to the organisation
of this society. It depends entirely upon the
untiring and assiduous exertions of your com-
mittee-I need not say their gratuitous exertions
-that the association is worked in so economical
a manner. (Hear, hear.) If you look at the
accounts you will find how small an amount of the
donations and subscriptions is expended in what
I would call the necessary expenses. One of the
great drawbacks of the ordinary charitable
organisations is the enormous percentage ab-
sorbed in those expenses. I am sure you will be
glad to hear that we are not subject to this re-
proach, but when you look at the constitution of
the committee, I think you will be surprised
and gratified by one thing, and that is, that the
committee is composed of the most eminent
members of the Bar, whose nights and days are
occupied in the arduous duties of advocacy or in
influencing the laws and duties of legislation,
men whose time is so valuable that they can
almost coin it into gold, and yet these are the
men who devote hour after hour and day after
day to the careful investigation of applications for
relief. (Cheers.) They bring to this office a
knowledge of the wants of the members of the
Profession, which cannot be possessed by any but
those who, like themselves, have experienced the
arduous and toilsome struggles of that Profession,
and they being at the same time that kindness
and sympathy which naturally flows from diffi-
culties successfully overcome in their own case,
and of pity for those they left behind them in the
race. (Hear, hear.) I feel that any thanks we
can give them is not capable of being too strongly
expressed, and that the meeting entirely sym-
pathises with them in the result of their labours.
(Applause.) There is only one other fact I wish
to mention regarding them, that they have not
suffered in health or strength by their exertions,
and that the whole number of them is complete,

because when the association was first started,
one of the most prominent assistants was the
(cheers), whose high courage as an advocate and
Solicitor-General of that day, Sir George Jessel
begged to move the following:
his independence they all knew. He (Sir Henry)

That this meeting desires to express to the Master of
the Rolls their thanks for the assistance he has rendered
to the Barri-ters' Benevolent Association by so
efficiently presiding on this occasion.

which was carried amidst applause.
Mr. Kaye, Q.C., briefly seconded the resolution,

The Master of the Rolls, in reply, said.-My
Lords and gentlemen, I am desirous of expressing
so far as I am able to do so, my grateful thanks
to you for the way in which you have received
this resolution. I cannot express my feelings
fully, for I am at present so overwhelmed by the
eloquent description of an imaginary judge
(Laughter)-which has been given to you by my
to respond. This Profession may well be called a
friend Sir Henry James, that I feel quite unable
lottery, and a lottery prohibited by no Act of
Parliament-(a laugh)-but it is a source of satis
faction with all of us when we see one of its
greatest prizes fall into the hands of one no less
distinguished by his great abilities than by his
eloquence, no less remarkable for his assiduous
devotion to the interests of his clients than he is
further that the qualities of his heart are equal
to the cause of charity and benevolence, showing
to those of his head. I mean one who has so long
presided over your committee (cheers) and by
whose exertions we owe, in a great measure, such
success as this association has hitherto enjoyed,
and to whose exertions we hope for a larger
and to the enhancedd gnity of the worthy president.
measure of success in the future to the association
I do not know I can do better than by expressing
of our friend Sir Henry James. (Applause.)
my thanks, by giving you some literal description
The proceedings then terminated.

WORCESTER LEGAL DEBATING CLUB.
A GENERAL meeting of this club was held on
Wednesday, the 5th inst., in the Law Library,
Mr. W. W. A. Tree, LL.B. (Messrs. Tree and
Sons', solicitors), in the chair. The other members
present were-Mr. E. A. Davis, Mr. F. Ronald

LEGAL NEWS.

TEMPLE COMMON ROOM. Middle Temple was held on the 6th inst., in the A MEETING of the members of the Inner and Lecture Hall of the Inner Temple, to discuss the expediency of establishing in the Temple a common of the two societies. room and reading room for the use of the members

Sir Patrick Colquhoun, Q.C., occupied the chair, and there was a considerable attendance of barristers and students.

The Chairman said that he had been asked to

preside at the meeting, and had consented to do
the objects in view. It was proposed to have a
so with much pleasure, as he cordially approved
general room at which the members might meet
and converse, where newspapers and perio-
write and receive letters. He wondered why the
dicals would be taken in, and where men could
matter had not been carried through before, as
many advantages were to be derived from it. The
library was at present very inconveniently
movement would have the
crowded, and this
effect of drawing away men who really did not go
there for the purpose of reading; it would also be
of great assistance in throwing together men who
would afterwards constantly meet one another in
professional practice and giving them oppor-
tunities of becoming acquainted in the same
manner as the practice of dining in hall which he
wondered was not more resorted to; and speaking
for himself in his individual capacity, and not as
to afford the movement every facility in his power
one of the masters of the Bench, he would promise
and advocate its cause among his colleagues.
resolution:
Mr. Swinfen Eady, LL.D., then moved the first

That the proposal to establish in the Temple a
tached, is worthy of support.
common room, with reading and writing rooms at-

And, after congratulating the meeting upon the considerable attendance, proceeded shortly to explain the nature of the scheme. It was proposed to obtain a set of chambers somewhere in for the members of the two societies; to have the Temple, in as convenient a position as possible one room for a reading room, where all the principal daily and weekly papers and the leading magazines would be taken in ; another room for a smoking room; a third as a writing or correspondence room, where members would be able to dressed there, or perhaps instead of having a write letters, and also to have their letters adseparate room for this, it might be combined with the reading room; and lastly, another room as a common room, where members would be able to meet and converse, where any friends could see them and call for them, and generally which the members of the proposed institution could make their head-quarters. Another advantage of the proposed institution would be that it would lessen the pressure in the library. He was glad to see Mr. Martin, the librarian, present, because he was sure that he could testify to the

and that we have not to lament the loss of any Jeffery, Mr. H. Corbett, Mr. G. E. M. Taylor, accuracy of his (Mr. Swinfen Eady's) statement

one of them by death during the past year.

I

as to the crowded state of the library, and consequent increase of noise. The proposed institution was to be open to all members of the two societies on payment of a small subscription-say not to exceed one guinea per year; an attendant would be there all day, who would take in letters and messages. Another advantage might be claimed for the scheme; the origin of the custom of dining in hall, or at least the reason for its being kept up at the present day, was that men about to follow the same profession might get to know one another before becoming engaged in practical work. For this reason he believed the benchers of the Inns of Court had refused to accede to a suggestion emanating from the older universities, that students in residence there might be excused coming up to keep terms in town; and an eminent member of the inn had suggested to him that the proposed reading and common rooms would tend to further the objects which the benchers of the inn had in view, and promote community and good fellowship between the members of the two societies.

Mr. Fielding Clarke seconded, and Mr. Tamplin supported the resolution.

The resolution was put and carried unanimously.

Mr. Shirley Shirley moved the next resolution: That a provisional committee of seven members be forthwith elected to make preliminary inquiries as to probable outlay and annual expense, and with power to petition the Benchers of either inn to lease a set of chambers for such purpose, either rent free or at a reduced rent, and report to a future meeting.

Mr. T. Eustace Smith seconded the resolution.

The motion was then put and carried unanimously, and the following committee appointed; Messrs. Swinfen Eady, Shirley Shirley, Willoughby Jones, and Eustace Smith, Inner Temple; and Messrs. Fielding Clarke, Tamplin, and Poynter of the Middle Temple.

On the motion of Mr. St. Leger Daniels, seconded by Mr. Poynter, the meeting was adjourned to the 31st March to receive the report of

the committee.

After a hearty vote of thanks to Sir Patrick Colquhoun for presiding had been passed by acclamation, the meeting broke up.

Mr. Thomas Wright, solicitor, of Leicester, has issued an address to the electors of Northampton. He condemns the foreign policy of the Government, declared disestablishment a necessity, the burial laws disgraceful, and the revival of protection outside the domain of practical politics.

THE VENTILATION OF THE LAW COURTS.Attention has lately been called to the terrible want of ventilation in the Law Courts, and the consequent suffering of the barristers and others whose business obliges them to remain for many hours in the vitiated atmosphere of the Court of Queen's Bench under the most unhealthy conditions. We are informed on the best authority that there is ample provision for the due ventilation of the courts, but that by order of the Lord Chief Justice, who assumes the direction of the ventilation, every outlet and inlet are closed. Nor is this all; it is easy to understand that during the past severe and the present treacherous weather, the Lord Chief Justice may have a wholesome and perhaps not altogether ill-founded dread of catarrh and bronchitis, and therefore excludes the fresh air for fear it may be too fresh; but if he even allowed the ventilation outlets and inlets to be opened during the time he retires for luncheon, the foul air which has accumulated during the morning sitting would be removed, a supply of fresh air would be introduced, and much of the suffering and danger to health now complained of would be obviated. This, however, is not allowed to be done, the persons obliged to return to the court find the same horrible loaded atmosphere they have left, and with their perceptions of its noisomeness quickened by their temporary inhalation of a purer medium, they are consequently more susceptible to its poisonous influenoe, and we are not surprised to hear that on the 28th ult., one of the abnormally warm days of this abnormal season, Dr. Stephens fainted. Our informant adds that so oppressive and unwholesome is the atmosphere that he only wonders all the barristers do not faint. It is probable that this question of the ventilation of the Court of Queen's Bench will be brought under the notice of the House of Commons.-The Sanitary Record.

which is to be established by an amalgamation of
the Chancery and Common Law offices now con-
cerned in that portion of the business of the
courts which consist in keeping the records.
When these offices have been established in the
building, some time must elapse before (except
with, perhaps, in the case of some of the smaller
offices) any further space can be found. It will
be at least two years before the building as a
whole can be completed, and until that is the case
some large departments, comprising the chief
clerks of the Chancery judges and the Probate and
Divorce Court offices, must continue to occupy
their present offices.

business, and they will moreover save the services
of their London agents in a great measure. But
London solicitors will have to considerably increase
their staff of clerks in order to carry on business
for which they will not receive fair remuneration.
Unless some means are found of establishing a
general registry for the metropolitan County
Courts in the new Law Courts, I fear the Bill, if
passed, will prove a failure. I wish, while I am
on the subject of County Courts, to suggest with
reference to default summonses, that if the sixteen
days allowed for appearance were let alone, and
that a plaintiff might obtain an order to set aside
appearance, as he can do in the Superior Courts
by Order XIV. of the Judicature Act Amendment
Act, a considerable improvement would be made.
Failing this, at any rate let a defendant be
obliged to file an affidavit that he has a good
defence to the action on its merits before obtain-
ing leave to appear.
H. E. S.

THE LAW CRICKET CLUB.-A meeting of professional men was held at the Law Institution on Wednesday last, when W. Arthur Sharpe, Esq., was voted to the chair. Amongst the gentlemen present were Messrs. E. Bromley, A. G. Renshaw, C. J. Patteson, R. C. Ponsonby, A. R. Fellowes, W. Hayes, F. J. Harris, Charles Ford, J. Van Sommers, jun., C. E. Baker, R. F. Chilton, THE LICENSING LAWS.-There are, according W. T. Harvey, W. R. Cornish, H. R. Hammond, to Mr. Paterson's work on the Licensing Acts, L. Jeffery, H. T. Twynam, J. Tetley, J. B. Collins, C. Wood, and others. Resolutions were passed about twenty Acts of Parliament relating to the that the club should be called "The Law Cricket sale of intoxicating liquors, either enacting, reClub," and on the motion of Mr. Hayes, seconded pealing, re-enacting, controlling, amending, or by Mr. Fellowes, it was unanimously resolved extending one another, to say nothing of at least That the club should consist exclusively of bar-chaotic and complex mass of legislation renders it 300 decisions upon these various Acts. Such a risters, solicitors, parliamentary agents, students entered at the Inns of Court, and articled students to solicitors and parliamentary agents, to be elected in manner hereafter to be determined on.' A provisional committee, consisting of Messrs. C. J. Patteson, R. C. Ponsonby, F. J. Harris, Charles Ford, A. G. Renshaw, A. R. Fellowes, E. T. Gurdon, W. Hayes, Montagne Turner, and E. W. Williamson, was elected to manage the affairs of the club ad interim, to elect members, and frame rules to be brought before a subsequent meeting of the club. A vote of thanks to the chairman for presiding concluded the meeting. Any information relating to the club may be obtained from Mr. Hayes, 41, Bedford-row, W.C., who may be regarded as the promoter of the club, and will be glad to receive the names and addresses of intending subscribers.

CORRESPONDENCE OF

PROFESSION.

THE

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.

very difficult and laborious to master the law upon any particular application under the Acts. Having drawn attention to the above, I conclude with what I submit is a practical suggestion, namely, that the Legal Practitioners' Society should memorialise the Lord Chancellor to appoint a committee of certain barristers, e.g., Messrs. Paterson, Wharton, and W. C. Glen, to draft a C. J. MERCER. bill codifying the whole law.

WHAT IS A "BARE TRUSTEE?"-In your article on this subject you state that, so far as "bare trustee" has you are aware, the term never made its appearance in the statute book until the passing of the Vendor and Purchaser Act 1874. Upon reference to the 3 & 4 Will. 4, c. 74, s. 27, you will find the same expression used. It is of great importance that the meaning of the term should be authoritatively settled, for we have now the decisions of two learned judges upon it, which are certainly not reconcilable with each other.

LEX.

TEN YEARS' CLERKS AND THE PRELIMINARY EXAMINATION.-Your correspondent "O. R.," in defending the present system of granting dispensing STATUTES OF LIMITATION-DEBT DUE ON orders, has brought forward arguments which, I NOTE.-W., by his will dated in 1857, devised imagine, will not convert many of your readers to his residuary real estate to his wife for life, and his opinions. In your article of Feb. 22 you have afterwards to his only child absolutely, "charged already answered most of his arguments. With with the payment of such of his debts as his per- your permission I will make a few remarks on the sonal estate would be insufficient to pay.' Tes-points that have chiefly struck me. He says first tator's personal estate was insufficient to pay his that the solicitors and law students "want to keep debts by a very considerable sum. Testator owed clerks from entering the Profession, because they a certain sum on a promissory note, the interest on know that they are formidable rivals." This which was paid by him to within a year or so of statement is most unjustifiable, for, as you have his death, and subsequently the interest was paid already remarked, solicitors have no objection to by his widow and executrix down to within a short the admission of clerks, provided they have retime of her death, now about twelve years ago, ceived the necessary education, and can maintain but none has since been paid. The beneficiary now the necessary status in society. But, for the sake declines to pay principal or interest, alleging that of argument, assume it to be true. The remedy same are barred by the statute; but on the other lies with the clerks themselves; their only obstacle hand it is contended that a "trust' was created being the examination, and if, as "O. R.” infers, by the testator for payment of such of his debts the majority are able to pass, it is no very great out of his residuary real estate as his personal hardship for them to devote a month or two to estate should be insufficient to pay," that therefore working up the subjects; but if it should be that the statute does not run against such a trust, some of the applicants for orders never have reand that the holders of the note may enforce pay-ceived a sufficient education to enable them to ment by an action for administration. Will some of your readers kindly oblige me with their opinions hereon. A JUNIOR.

pass the examinations, the status of the Profession cannot but profit by their exclusion. I must say I cannot see the justice of making it an easier matter for a ten years' clerk to enter the ProfesPRACTICE UNDER THE FUTURE COUNTY sion, than for a clerk who has, in addition, to pay COURT SYSTEM.-At this present time an enor- a premium-let them stand at least on equal mous sum of money is being spent in order to terms. Again, in the case of a firm requiring to save expense of time and money by concentrating be propped by the admission of a clerk, if the matthe Law Courts. I fear that just in proportion as ter is really so important, it is worth a little the Lord Chancellor's new County Courts Bill trouble to achieve. After considering all "O. R.'s" proves successful in diverting actions from the arguments, I am not influenced thereby to form Superior Courts to the County Courts, it will any other opinion than that which I have always prove detrimental to the object sought to be held, that the real reason that there are so many attained by such concentration. I write as applicants for dispensing orders is their inability to regards metropolitan business. Solicitors who pass the examination, and keep the status of the Prohave an average share of contentious business fession up to its proper level. Now, as to the clerks know that a large proportion of it consists of grievance. According to "O. R.," solicitors who THE NEW LAW COURTS.-During the Easter claims under £200. Instead of, as now, one out-have paid premiums for their articles have served week, commencing on Monday, the 14th April, door clerk being able to attend to many different the eastern block of the law courts' buildings in cases the same day, a solicitor may have to send the Strand will be partially occupied. The offices to Shoreditch to enter a plaint, to Bloomsbury to which are to be the first to take up their location attend a summons for time, to Lambeth to take there are those of the Chancery registrars, the money out of court, and so on to all the metroChancery taxing masters, and the Chancery pay-politan County Courts on small matters incidental master. Speaking roughly, these offices comprise to an action, before the actual trial comes on, in140 officials, who will occupy about sixty rooms involving an immense waste of time, and without the four upper floors of the portion of the building any remuneration beyond the costs allowed in already referred to, and at the northern or Carey- the County Courts. Country solicitors will not be street end. The next set of offices to be accom- so affected by the Bill. One or two County modated will be the new Record and Writ office, Courts at the most will generally take all their

a term of years at no remuneration, and given themselves up to the study of the law (and therefore entitled, one would think, to derive some advantage in return), but who, owing, perhaps, to the crowded state of the Profession, or from being unable to purchase a practice, cannot do otherwise than seek clerkships, are for the future to cease this unjust practice in order that those who rightly should have precedence (?)-men from all classes of occupation, who, when starting in life, may have thought the law the last thing from which they were likely to derive an income, but, having

entered a solicitor's office, have been receiving a
salary for years-may reign in undisturbed
security. Lastly, though it does not follow that
the clerks are inferior in social position to the
solicitors, it must be admitted that (probably in
ninety-nine cases out of a hundred) they are so.
A DEVONSHIRE STUDENT.

form me whether this "scale is recognised and
adopted, and if so would the taxing Master scknowledge
and be bound by it in the event of a bill coming beicre
him framed upon such a basis, or, to maintain the
"scale" rate, must there be a contract to that effect
with the client ?
BILLS.

Mr. ARTHUR JAMES SHIRLEY, of the firm of Shirley, Atkinson, and Shirley, solicitors, Doncaster and East Retford, has been appointed Coroner for the borough of Doncaster, in succession to the late Mr. John Lister, F.R.C.S. new coroner, who formerly filled the office of deputy, was admitted in 1876.

The

Mr. ROBERT MACLEANE PAUL, M.A., of the firm of Smith and Paul, solicitors, Truro, has been 69. CRIMINAL PROCEEDINGS-WITNESS FOR PROSECU-appointed County Clerk of Cornwall. Mr. Paul was admitted in 1866.

TION-EXPENSES-LIABILITY OF PROSECUTOR TO PAY.-
In December last A. was summoned to the Nottingham
Town Hall by a credit and discount company on a
charge of fraudulently obtaining money on a bill of sale
without disclosing the fact of there being a previous
bill of sale upon his effects, the case was fully gone into
by the Magistrates and dismissed. B. a solicitor's
clerk who attested the first bill of sale, was summoned
as a witness, and paid by the proc ss ser er £2 conduct
money. Subsequently the credit and discount com-
pany proceeded against A. by ndi tment at the assizes
held at Nottingham in February last, and B. was served
with subpana to attend and produce the first bill of
sale, he asked the person who served the subpæna for
B. was in a position to pay for himself in the first in-
stance. He then wrote to the solicitor for a payment on
account, but the solicitor refused to send him any con-
duct money, saying that this being a criminal proceed-
ing. B. must be well aware that he was bound to attend
cluding the time occupied in travelling, was absent
three days. On the case coming before the grand jury,
they threw out the bill. and the judge expressed him.
self as follows: "I give notice that I shall disallow
every expense connected with this bill, which is the
only thing I can do to show my sense of the proceeding
B., before leaving Nottingham, applied to the Manager
of the Cred t and Discount Company for his expenses,
but was informed that the company did not in end to
pay anything, and B. might apply to the Crown for pay-
ment. B. then wrote again to the solicitor who had
caused him to be serve with subpora, but he denied
his liability. I shall be much obliged by you or any of
your correspondents informing me whether anyone is
liable to pay B. for his time and expenses, and travelling
to and from Nottingham a distance of sixty-four m les)
and rem ining there three days, if so, who? and what
E. H.
steps should be taken to compel payment.

[The master will not recognise the scale, and even in case of an agreement with the client, taxation can Kindly allow another clerk to explain his probably be insisted on under the Solicitor's Act 1870.— ED. SOL.'S DEPT.] ideas upon the ten years' men question. In this town a great many ten years' men have obtained an order dispensing with the preliminary examination, and have succeeded in getting admitted into the Profession, or are now under articles. The majority of them are men of undoubted ability, and some have already attained first-class positions, and the others are certainly in a better position than they were in as clerks. On the other hand, there are a great number of men belonging to the well-to-do class, who, after passing the preliminary examination, have paid heavy premiums for their articles, and have been admitted, yet can hardly find business enough to pay their office expenses. Here two usually concealed elements in this ques-conduct money, which was refused on the ground that tion present themselves: First, solicitors of large practice will not take articled clerks without premiums, ranging from two to three hundred guineas; secondly, if so many ten years' men are to get articled on the terms which they now do, the heavy-without. B. accordingly attended at the assizes, and, inpremium-paying gentlemen are likely to become scarce. As things are, the latter soon find out that there is another road into the Profession, in which premiums play no part, and they not unnaturally think themselves injured mortals. They then resort to their debating societies, and pass resolutions which call in question the proceedings of some of our ablest judges. Better still, however, let us have a remedy, which shall be at once honest and effectual, and some such remedy might, I venture to think, be devised out of the following proposal, viz. : 1. Abolish dispensing orders altogether. 2. Any ten years' man, that is to say, any man who has served a bona fide clerkship to a solicitor or solicitors, in any capacity, for ten years after attaining the age of twenty-one, upon proof of the fact by affidavit, to be open to public inspection, or otherwise, and upon payment of a fee, say £10, but without articles, to have the right of passing an examination as to his qualifications for being admitted a solicitor. 3. The examination to last six consecutive days, and to embrace the present preliminary, intermediate, and final examinations, all rolled into one, and to be held in London. 4. If successful in his examination let the £80 stamp duty now payable on articles be added to the stamp duty on his admission, with, say, £20 more, in consequence of this duty not being payable until his admission into the Profession is secured, whereas under articles the pupil may never become a solicitor. If something to the above effect were adopted, the present outcry would be silenced, as only those clerks whose ability could not be questioned would be able to enter the ranks of the Profession, which they could do without seeking any man's patronage. The " necessary status in society " of the Profession would not, I think, be lowered by the class of clerks who would get admitted under this arrangement, any more than it is now lowered by the eagerness with which young solicitors run after situations at £80 or £100 a year. 26th Feb.

A BIRMINGHAM CLERK.

COUNTY COURT COSTS.-In issuing summonses under the Bills of Exchange Act for amounts under £20, the Registrar of this Court refuses to enter on a summons any costs save "33. 4d. for letter before action." I contend that I am entitled to the same costs on a Bill of Exchange summons as on a default summons under Sect. 1 of the Act of 1875, the Registrar says "No, you do not prepare, swear, and file affidavit, nor do you file any notice of mode in which payment will be accepted; under a default summons you are not entitled to anything for preparing particulars and attending entering plaint. I should like to have the opinions of some of your readers on this, especially Registrars of County Courts. I have several times entered plaints under the Bills of Exchange Act in other County Courts, and have always been allowed the costs as on other default summonses. W. NEVE. Luton, Beds.

70 BILL OF EXCHANGE.-A. is the drawer of a bill of exchange at four months, which is accepted payable at Brighton; the Bill is never negotiated, but remains in the possession of the drawer until maturity. Can A., the drawer, then sue the acceptor thereon without first presenting it to him for payment at the place where it is made payable.

H.

71. ACTION BY MARRIED WOMAN-COSTS-PRACTICE.— A married woman by her next friend institutes a suit in the County Court with respect to property left her by will and her husband joins for sake of conformity. (1) Is there any necessity for the next friend to give an undertaking as to costs? (2) Supposing such an undertaking to have been given unnecessarily, cannot the next friend apply to the registrar to vacate the undertaking if he is sought to be made liable thereunder, the SUBSCRIBER. plaintiff having withdrawn the suit.

Answers.

---

The Tables of Affinity state

that "a man may not marry his wife's sister's daughter,"
(Q. 65). INTESTACY.-
therefore the second marriage of A. B. was invalid. and
his widow and her eight children can take no part of his
estate The eldest son should take out administration,
and, unless there is some special cus om, he will take
of gaveikind prevails in the district in which the lands
the entirety of the freeholds. If, however, the custom
are situated (which, being in Kent, is very likely), both
the sons would inherit equally, or, if the custom of
borough English prevails, then the younger son would
take to the exclusion of the elder; as to the personalty,
the four children of the first marriage would take
equally.
E. H.

LEGAL OBITUARY.

NOTE.-This department of the LAW TIMES, is contributed by EDWARD WALFORD, M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain; 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.

P. LE NEVE FOSTER, ESQ. THE late Peter Le Neve Foster, Esq., barristerat-law, who died somewhat suddenly on Thursday, the 20th ult., at his residence East Hill, Wandsworth, in the seventieth year of his age, was the only son of the late Peter Le Neve Foster, Esq., J.P., of Lenwade, Norfolk, by his marriage with Grace, daughter of A. Osorio, Esq., and was born at Lenwade in the year 1809. He was educated under the Rev. Mr. Valpy, at Norwich Grammar School, and afterwards entered Trinity College, Cambridge, where he took his Bachelor's degree in 1830, as 38th Wrangler in the Mathematical Tripos, and was elected a Fellow of his College; he proceeded M.A. in 1833. He was called to the bar by the Honourable Society of the Middle Temple in Hilary Term 1836, and for some years went the Norfolk Circuit, and also practised as an equity draftsman and conveyancer. Soon after his call to the Bar, Mr Foster published a small legal work on Wills, which is doubtless known to many of our readers. He took an active part with the late Prince Consort in promoting the success of the Exhibition of 1851, and he was also

actively engaged in getting up the guarantee fund for that of 1862. In 1853 he was appointed Secretary to the Society of Arts, which position he held until the day of his death. Mr. Le Neve Foster gave considerable attention to matters connected with the Patent Laws, and took an active part, with others, in procuring their reform in 1852. He took great interest in all applications of science to arts and manufactures; for many years he was editor of the Society of Arts Journal, and among his numerous contributions to its pages, are two papers, one on "Aluminium," the other on Figure Weaving by Electricity." Though not a specialist, save in photography, he was a man with an immense fund of general and technical knowledge in all the arts and manufactures, and was therefore particularly qualified for the office he filled for a quarter of a century. "During his term of office,' says the Times, "the Society of Arts has flourished as it never previously did, and, owing in no small degree to his exertions, it has quadrupled its number of members and increased its resources in a still greater proportion. Much of its work was originated by the late secretary, and all of it was carried out by him." Mr. Foster was one of the founders of the Photographic Society, and was on its council for many years; he was president of the Queckett Microscopical Club for a year, and also served for some time on the Council of the British Association. He was a Knight of the Tunisian Order of Iftikar, and of the Italian Order of the Redemption, an honorary member of the Netherlands Society for the Promotion of Inventions, and a corresponding member He of the Société d'Encouragement of Paris. married, in 1838, Georgiana Elizabeth, daughter of the Rev. Clement Chevallier, M.A., formerly APPOINT- Fellow and Tutor of Pembroke College, Cambridge, by whom he has left a family of eight sons and two daughters. The deceased gentleman had lately been suffering from an acute attack of gout, but had sufficiently recovered to resume his official duties. On the day above mentioned he left the office of the society in apparent good health and spirits, but, shortly after reaching home, some members of his family found him lying dead on the floor of his drawing-room. His death has been attributed to fatty degeneration of the heart. A short time since his large circle of friends formed a committee for the purpose of

The second marriage having been gone through with a niece of the first wife is void, and the iss e in consequence illegitimate; under the e circumstances therefore, the children of the first wife will be entitled to administratio; the freeholds. presumably of gavelkind tenure, will descend to the two sons of the first marriage, and the personal estate be equally divided between the four children of the first marriage.

PROMOTIONS AND

MENTS.

J. J. W.

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

Mr. EDMUND ROBERTSON, who was called to
the bar of Lincoln's-inn in Nov. 1871, has been
appointed Professor of Roman Law at, University
College.

The name of Mr. WILLIAM EDWARD CARTER,

solicitor, of Pontefract and Knottingley, has been
placed on the Commission of the Peace for the
borough of Pontefract. The learned gentleman
was admitted as far back as Midsummer Term,
1835.

Mr. THOMAS CLARKE, of the firm of Clarke and
Payne, solicitor, Tiverton, has been appointed
County Clerk for Devonshire. Mr. Clarke was
admitted in 1850.

Mr. H. LADD has been appointed Clerk to the
Board of Governors of the new Middle Class
Schools at Canterbury.

presenting him with a testimonial on the comple-
tion of his twenty-fifth year of service to the
Society of Arts. About £1200 has, it is stated,
already been subscribed, and it is now proposed t
increase that sum for the benefit of his widow
The remains of the deceased gentleman were in-
terred in Wandsworth New Cemetery.

J. TORRANCE, ESQ., W.S.
THE late John Torrance, Esq., Writer to the Sig-
net, who died on the 20th ult., at his residence in
Dundonald-road, Kilmarnock, N.B., was a native