daughters with a locket each, in black enamel and diamonds. I shall feel obliged by your executing the order for me. I wish them to be round, and with my coronet (a baron's) and initials on them in diamonds, not to exceed £30 each. I leave it all to you, as I do not understand this kind of thing; and will you kindly acknowledge the order to me at this club, as I am leaving home for a few days? I wish to present them on the 6th January. I will write in a week to let you know where they are to be sent to me, as I am not likely to be at home for some time.-Your obedient servant, "ST. LEONARDS."

REMARKABLE TRIAL-THE MISTRESS OF PRESIDENT LOPEZ.-A remarkable jury trial has just taken place in the Glasgow Court of Session. Dr. Stewart, lately residing in Assuncion Paraguay, but now in Edinburgh, sued Antony Gelot of Paris, to have it declared whether a bill of exchange for £4,000, payable to the defender, was obtained by Madame Lynch, the mistress of President Lopez, under fear of death; and whether Gelot is an onerous and bond fide holder of the bill. It appears, according to the averments of the pursuer, that this bill was extracted from him by Madame Lynch, who fearing an issue of the war with the Brazilians, wished to provide herself in that event. The bill was dated at Paraguay, 8th May, 1867, was payable to the defender thirty days after sight, and was drawn by the pursuer upon his brother, Robert Stewart, Royal Bank of Scotland, Galashiels. It bore to be endorsed by the defender to Perier Freres and Co., bankers in Paris, and by this company to Messrs. Robinows and Marjoribanks, merchants, Glasgow, and again by them, " without recourse,' to the defender, who now holds it. Evidence was given at great length, the pursuer and the defender being among the witnesses, besides many others who had resided in Paraguay, and who gave painful accounts of the tyranny and cruelty of President Lopez in his dealings with his subjects and with all who came under his power, and at the end a verdict was given for the pursuer.

MR. JUSTICE LOWRY.-We learn from the English newspapers that the Chancellor of the Duchy of Lancaster has appointed T. K. Lowry, Esq., Q.C., late a District Judge at St. Ann's and St. Mary's, in this island, to the Prothonotaryship of the new District Court at Manchester, under the Act of last session, providing for the better despatch of business in the Court of Common Pleas for the county palatine. We are exceedingly glad that the home Government has done justice to Judge Lowry; that the clique persecution to which he was subjected in Jamaica has only done Mr. Lowry, good; got him higher promotion, while his efforts to correct foul and crying abuses in St. Ann's and St. Mary's were also productive of much and lasting benefit. -Jamaica Guardian.

WOMAN'S RIGHTS IN PARIS.-A "woman's rights" question has been decided at Paris against the lady, in a suit between husband and wife for a sum of upwards of £10,000. M. Gueymard, the eminent singer at the Paris Opera, married in 1858 Mdlle. Pauline Lauters, who as Madame Gueymard has long been known as a prima donna. They lived happily together till 1868, when a judicial separation was decreed, in consequence of which Madame Gueymard has since been entitled to the exclusive receipt of her own earnings. But during the ten years of cohabitation M. Gueymard received from the manager of the Opera house no less a sum than 526,000f. for the salary of his wife. As they were married under the regime of “ community of goods," it is beyond dispute that, according to Article 1,530 of the Code Napoleon, the husband, on the general ground of his liability for the expenses of the household (that is the expressed theory of the Code), was entitled to the usufruct (the French word is fruits) of all the common property. M. Templier, counsel for Madame Gueymard, contended that the salary of a singer ought not to be considered as exclusively income, seeing that it was the reward of a special talent, which in the nature of things could not endure for a very long time. In equity, therefore, a part of these large but essentially temporary earnings should be considered as capital, and he asked that M. Gueymard should be decreed to refund to his wife half the the amount, or 263,000f. The

Court, however, held the wife's earnings, no matter how large or how special, were but "usufruct" within the meaning of the Code, and dismissed Madame Gueymard's suit in that respect. It however confirmed her in the exclusive possession of her piano, as an instrument necessary to the exercise of her profession, and her jewels, which it also held were necessaries for an actress.

DISFRANCHISEMENT OF BOROUGHS.-It is said that the Election Commissioners have recommended the disfranchisement of Bridgewater and Beverley.

POSTAL CHANGES.-Australia, Mauritius, and Straits Settlements-The scale for charging letters above the weight of one ounce, addressed to Australia, Mauritius, and the States Settlements has been altered. A single rate is now charged for every additional half ounce, instead of two rates for a fraction of every ounce after the first. United States-The postage on letters to the United States has been reduced from 6d. per half ounce to 3d.

APPOINTMENTS.

DEPUTY LIEUTENANT.-Viscount STUART has been appointed a Deputy Lieutenant for the County of Tyrone, vice CHARLES ECCLES, Esq., deceased.

JUSTICES OF THE PEACE.-JOHN FAY, Esq., has been appointed a Justice of the Peace for the County of Cavan. JAMES GREER RICHARDSON, Esq., has been appointed a Justice of the Peace for the County of Tyrone.

JOHN WRAFTER, Esq., and J. W. DUNNE, Esq., have been appointed Justices of the Peace for the Queen's County.

JOHN ANDERSON, Esq., has been appointed a Justice of the Peace for the County of Down.

PATRICK MURRAY, Esq., has been appointed a Justice of the Peace for the County of Limerick.

C. B. MARLEY, Esq., has been appointed a Justice of the Peace for the County of Westmeath.

The Earl of DONOUGHMORE has been appointed a Justice of the Peace for the County of Tipperary.

FRANCIS M'KEOWN, Esq., and NATHANIEL MAGUIRE, Esq., have been appointed Justices of the Peace for the County of Leitrim.

JOHN MACAULEY, Esq., has been appointed a Justice of the Peace for the County of Antrim.

RESIDENT MAGISTRATE. JOHN THEOBALD DILLON, Esq., has been appointed a Resident Magistrate for the County of Cavan.

NOTES OF ENGLISH DECISIONS. (From the Law Times.)

MONEY PAID FOR IMMORAL PURPOSES.-The law will not assist a party to recover back property which he has paid or handed over in pursuance of an illegal or immoral contract. Where, therefore, the plaintiff declared upon a bailment of the half of a £50 bank-note, to which the defendant pleaded and justified the detention of the note as a security for payment of £20 due from the plaintiff; to which the plaintiff replied that the alleged debt to the defendant was for wine and suppers supplied by the defendant in a brothel and disorderly house kept by the defendant, for the purpose of being consumed there by the plaintiff and divers prostitutes in a debauch to incite them to riotous, disorderly, and immoral conduct; Held, that that maxim of " In pari delicto potior est conditio possidentis," applied, and that the plaintiff was not entitled to recover. (Taylor v. Chester, 21 L. T. Rep. N. S. 359. Q.B.)

TESTAMENTARY SUIT-NUDE EXECUTOR-COSTS.-A nude executor who propounds a testamentary paper, of the validity of which there is no reasonable prima facie probability, cannot escape from the liability of being condemned in costs

by the fact that he takes no interest under the paper: Roberts v. Cowmeadow, 21 L. T. Rep. N. S. 367. Prob.)

PERSONAL LIABILITY OF DIRECTORS-MISREPRESENTATION OF AUTHORITY WITHOUT FRAUD IMPLIED WARRANT.-The appellants, two directors of a company, wrote a letter to the respondents' bank, stating that they, as directors, had appointed C. to be legal manager, and had authorized him to draw cheques upon the account of the company. The appellants were not empowered to give C. this authority. On the faith of the above letter, advances were made by the respondents' bank on cheques drawn by C., purporting to bind the company. There was no imputation of fraud in the transaction. In an action by the respondents against the appellants to recover the amount so paid on C.'s cheques: Held (affirming the judgment of the Supreme Court of Victoria), that the law implied a warranty to the bank, on the part of the appellants, that C. had authority to bind the company, so as to make the appellants responsible to the bank for the advances on the cheques. If a person represents himself as having authority to do an act when he bas not, and the other side is drawn into a contract with him, and the contract becomes void for want of such authority, he is liable for the damage which may result to the party who confided in the representations whether the party making it acted with a knowledge of it, falsity or not. Collen v. Wright, 8 E. & B. 647, followed and approved. The warranty which the law implies in such cases depends on the position of the parties and on the nature and effect of the representation, but when ascertained, as a matter of fact, the legal effect is the same as if the warranty had been express. The remedy by special action, where there is fraud or deceit, is a distinct matter: (Cherry v. The Colonial Bank of Australasia, 21 L. T. Rep. N. S. 356. Priv. Co.)

REGISTRATION-BOROUGH VOTE-CHAMBERS OCCUPIED BY MORE THAN ONE.—An inhabitant occupier as tenant of a dwelling-house within a borough, otherwise duly qualified under the second clause of section 3 of The Representation of the People Act, 1867, to vote for the borough, had let a furnished bedroom to a lodger, and had allowed the lodger the joint use with himself of another room for his meals: Held, that the words "joint occupier" in the proviso at the end of the 3rd section did not apply to lodgers, being limited to the sense in which they are used in the enacting part of the section, viz., as owner or tenant of a dwellinghouse. Therefore, the circumstances of this case did not render the tenant of the dwelling-house a joint occupier within the meaning of the proviso. The Court of Common Pleas reserves to itself discretion as to granting or refusing costs upon affirming an appeal against the decision of a revising barrister: (Brewer v. The Town Clerk of Bradford, 21 L. T. Rep. N.S. 462. C. P.)

JURISDICTION OF COMMISSIONERS-POWER TO ADJOURNCOMMITMENT. By sect. 4 of 15 & 16 Vict., c. 57, the commissioners appointed under the Act to make inquiry as aforesaid in relation to any county, division of a county, city, borough, university, or place, shall, upon their appointment, or within a reasonable time afterwards, go to such county, &c., and shall from time to time hold meetings for the purposes of such inquiry, at some convenient place within the same, or within ten miles thereof, and shall have power to adjourn such meetings from time to time, and from any one place to any other place within such county, &c., or within ten miles thereof, as to them may seem expedient; and such commissioners shall give notice of their appointment, and of the time and place of holding their first meeting, by publishing the same in some newspaper in general circulation in such county, &c., or the neighbourhood thereof, provided always that such commissioners shall not adjourn the inquiry for any period exceeding one week without the consent and approbation of one of Her Majesty's Principal Secretaries of State: Held, that commissioners appointed under the Act had power to hold separate independent meetings from time to time, and were not obliged to adjourn at the close of every meeting in order to keep their power alive and enable them to meet again: (Re The Beverley Commissioners, 21 L. T. Rep. N. S. 464. Ex.)

PRACTICE-COSTS-PLEA BAD, BUT VERDICT FOR DEFENDANT ON THE MERITS.-In an action against a sheriff for an escape, the defendant pleaded (1) not guilty; and (2) the production by the debtor of a certificate of the registration of a composition-deed under sect. 198 of the Bankruptcy Act, 1861. The plaintiff demurred to the second plea, and replied that he was not a creditor bound by the deed, as his cause of action first accrued after the making and registration of the deed. The defendant demurred to the replication, and the demurrers being argue, judgment was given for the plaintiff that the plea was bad, and the replication good. The issues of fact being afterwards tried, the verdict was entered by the court for the defendant on the replication to the second plea: Held, that the defendant, notwithstanding that his plea had been held bad, was entitled to the postca, he having succeeded on the merits of the case: (Dignam v. Barly, 21 L. T. Rep. N.S. 456. Q.B.)

ACTION FOR GOODS SOLD-EVIDENCE OF APPROPRIATION. Plaintiff, an artist, made the following agreement with defendant, a picture dealer :-"I agree to finish three pictures for Mr. Fitzpatrick (the defendant), which are now submitted to him, in my best manner, for £60 cash and a clock." The pictures were not then completed, but afterwards defendant expressed approval of them, and said he would send for them next day: (Held, in an action for the £60 that these circumstances constituted, sufficient appropriation of the pictures by defendant to support common counts for goods bargained and sold, and sold and delivered: (Girardot v. Fitzpatrick, 21 L. T. Rep. N.S. 470. Mellor, J.)

RESTITUTION OF CONJUGAL RIGHTS-HUSBAND SUCCESSFUL-COSTS.-A wife in her answer to a petition for restitution of conjugal rights, made charges against her husband of odious and disgusting conduct, which her counsel withdrew at the trial. She was proved to have a separate income of £700 a year. The husband obtained a decree, and the court, under the 51st section of the Divorce Act, condemned the wife in the costs of the suit: (Miller v. Miller, 21 L. T. Rep. N. S. 471. Div.)

EQUITY PRACTICE-TRUSTEE RELIEF ACT.-The house named by trustees in their affidavit on paying a fund into court, as the place at which they might be served, had been pulled down, and the trustees themselves had not been heard of for ten years, and could not be found. Service on the trustees of a petition for payment out of court of the fund dispensed with, and the matter referred to chambers to inquire who were the persons entitled to the fund: (Re Bolton's Will, 21 L. T. Rep. N. S. 413. Rolls.)

PRACTICE-ADVERTISEMENTS -Where petitioners in a petition under the XLI. Consol. Ord., rule 14, and the 20th section of the 19 & 20 Vict., c. 120, are very numerous, the name of one, and the description of the property, and place for service on all, is a sufficient compliance with the order: (Re Whiteley's Estates, 21 L. T. Rep, N. S. 454. V.C.M.)

BOROUGH FRANCHISE-CHAMBERS IN THE TEMPLE.The appellant held as tenant an entire set of chambers consisting of three rooms not communicating together, and a vestibule into which the rooms respectively opened, in the Temple, under a demise from the benchers. The appellant occupied and used one of these rooms for the purposes of his profession, which was that of a barrister, and demised the other two rooms, unfurnished, each to another barrister respectively. By the lease or agreement between the appellant and each of these under-tenants, the appellant agreed to let the room at the rent of £30, the rent to include attendance of clerk and laundress, rates, taxes, and coals; there were no poor rates, but the appellant paid all other rates and taxes; no one resided in any part of the chambers: Held, that the appellant was the occupier of a house within the meaning of the 27th section of the Reform Act, 1832, and was entitled to a vote for the City of London: (Smith v. Lancaster, 21 L. T. Rep. N. S. 492. C. P.)

PLEADING ALLEGATION OF TRUST-DEMURRER.-M., who had held a diplomatic post in Her Majesty's service, filed a bill against the Secretaries of State for Foreign Affairs, alleging that he had been unjustly dismissed from his post, and that various sums were due to him from the defendants; also alleging that a certain sum was annually drawn by the Foreign Office from the Treasury for the purpose of paying the salaries and pension of the diplomatic and consular services, and that such sum was received by the defendants as a trust-fund in trust to pay thereout such salaries, &c. The bill prayed that an account of what was due to the plaintiff might be taken, and that the defendants, as such trustees, might be ordered to pay what should be found due. On a demurrer by the defendants: Held, that the general allegation of a trust was not sufficient to give the court jurisdiction, but that it was necessary to set out the facts, deeds, or instruments in which the trust originated : Held, also, that the court had no jurisdiction to take such an account as that asked by the bill, the Foreign Office having a discretion as to the application of the fund, and not being responsible to the Court of Chancery. Demurrer accordingly allowed: (Murray v. Earl of Clarendon, 24 L. T. Rep. N. S. 448. M. R.)

RECEIVER ANNUITY IN ARREAR-DISTRESS FOR— GENERAL CHARGE OF DEBTS.-A testator gave an annuity to his son T., and all his real and personal estate to his son J. absolutely, subject and charged with the payment of debts, funeral and testamentary expenses, legacies, and the annuity. The annuity was paid for twenty years, and then fell into arrear, and T. filed a bill, and moved for a receiver: Held, that under the 4 Geo. 2, c. 18, T. had a power of distress, and his remedy was at law. Motion refused: (Sollory v. Leaver, 21 L. T. Rep. N. S. 453. V.C. M.)

TRADE-MARK — IMITATION - INJUNCTION - DAMAGESCOSTS.-W.'s manager, without the personal knowledge of W., affixed tickets with T.'s name printed thereon to certain goods of inferior quality to T.'s, and made by another manufacturer. On T.'s complaining of this, W. offered to give an undertaking that he would not use such tickets again, and to pay a certain sum, but declined to make a public admission that he had used the tickets in order to defraud T. Held, that, notwithstanding W.'s offer, T. was entitled to an injunction with costs, and also to an inquiry as to damages at his own risk: (Tonge v. Ward, 21 L. T. Rep. N. S. 480. M. R.)

DEATH OF PETITIONER

PRACTICE - AMENDMENT.-Where a petitioner, a tenant for life of settled property. had died after the petition was served, but before it could be heard, leave was given to amend the petition by substituting the successor to the settled property, an infant tenant in tail, for the original petitioner: (Re Wilkinson's Settled Estates, 21 L. T. Rep. N. S. 482. M. R.)

COSTS OF UNCERTIFIED SOLICITOR-6 & 7 VICT., c. 73, 8. 26. The 26th Section of the Solicitor's Act (6 & 7 Vic., c. 73), which provides that no uncertified solicitor shall be capable of maintaining any action or suit for the recovery of any fee, &c., for business done by him whilst uncertificated, does not destroy the debt, but merely takes away the remedy. Consequently, where a solicitor had, without any fault of his own, been without a certificate for six months, and the taxing master, on an order of course taken out by the client, had disallowed all the items in a bill of costs in respect of business done during the time that the solicitor was without a certificate: Held, on a summons by the solicitor to review the taxation, that the taxing master was wrong in disallowing these items, and the matter was referred back to the taxing master accordingly: (Re Jones, 21 L. T. Rep. N. S. 482. M. R.)

REVIVOR BY ASSIGNEES OF BANKRUPT PLAINTIFFCOSTS STAY OF PROCEEDINGS.-Where a plaintiff becomes bankrupt or dies, and his assignees or representatives carry on the suit, they can only do so upon payment of all costs, which he had been ordered and was liable to pay : (Cook v. Hathway, 21 L. T. Rep. N. S. 484. V. C. M.)

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SALE OF DELETERIOUS HAIRWASH - HUSBAND AND WIFE NEGLIGENCE. - Hairwash compounded by the defendant, a chemist, was sold to the husband for the use of the wife (plaintiff's). It proved most injurious. The Court of Exchequer held that, inasmuch as there was a duty on the part of the defendant, as the compounder and seller of the hairwash, towards the wife, for whose use he knew it was purchased by the husband, to use due and reasonable skill and care in compounding and selling it, and damage had arisen to her, not remotely, but directly, by reason of a breach of that duty on the defendant's part, the action was maintainable by the plaintiffs jointly: (George and Wife v. Skivington, 21 L. T. Rep. N. S. 495).

REFEREE. Although the decision of an arbitrator or referee is final upon all matters within his jurisdiction, if he has the means of forming an opinion, it is not so if he has not such means (Sadler v. Smith, 21 L. T. Rep. N. S. 502. Ex. Ch.)

GARNISHEE SUMMONS IN VICTORIA.-The Common Law Procedure Act (Victoria) 1865, by section 215, gives a summary remedy for damages against a garnishee, who shall, after service of the writ and before the dissolution of the attachment, without the leave of the court, dispose of or part with any "property, of whatsoever nature, belonging to the defendant, or to or in which such defendant shall be legally or equitably entitled, or otherwise beneficially interested," attached in the hands of the garnishee. In proceedings under the above section: Held (affirming the judgment of the Supreme Court of Victoria), that the words of the statute require that the property attached should belong to the defendant, and imply an actual, and not merely a constructive, ownership in him; and that, therefore, where a garnishee parted with property, which though dealt with by the defendant as if he was the owner, had been really only entrusted to him for sale, a summons under the above statute was properly refused: (Wilson v. Traill, 21 L. T. Rep. N. S. 510. P. C.)

INSOLVENTS.

To be heard in the Country.

Crowley, John, of Nile-street, and St. Patrick-street, Cork, draper's assistant, previously of Main-street, Tipperary, confectioner; formerly of Queen's-square, Fermoy, county Cork, draper's assistant. Petition filed 28th December, 1869. Hearing at Cork, January 20, at 10. Collins, solr. Fry, John, of Greaghaholia, county Cavan, farmer; previously of Cloncaird, said county, farmer. Petition filed 29th December, 1869. Hearing at Cavan, April 2, at 1. Rynd, solr.

OFFICIAL LIQUIDATORS.-The Economist remarks that the whole system by which the Court of Chancery has so much to do with the administration of estates is liable to the very objection which has been fatal to the present bankruptcy law. Judicial administration does not prosper, either in chancery or bankruptcy, and liquidators will always find "immense facilities for causing delay and incurring costs." Except that the affairs are on a larger scale, we do not see why the present bankruptcy law should not be applied to joint-stock companies as well as other insolvents; and the scale after all makes no difference in principle, which is that the creditors should have the conduct of the administration, and appoint and supervise their own officer. It may be necessary, in addition, to give the shareholders some remedy against carelessness in recovering assets where a surplus may come to them, but the first interest is the payment of the creditors, and the bankruptcy principle appears best fitted to secure it. The shareholders might be allowed to vote in certain cases as contingent creditors.

EXPEDITION IN CHANCERY.-The law's delays have ever been a favourite topic with public writers and speakers; the law's dispatch and promptitude rarely find a chronicler. A remarkable instance, however, of the rapidity of the movements of the Court of Chancery occurring only a few days since ought not to go unrecorded. Some property of the Landed Estates' Company, distant about twelve miles from London, was, in the course of the forenoon, invaded by a body of men who commenced digging up a portion of it, in assertion of the supposed right of their employer. At two o'clock information was received at the London offices of the Company of these proceedings, and at three o'clock instructions were given for the filing of a bill for an injunction to restrain the defendant, Mr. Weeding. With the assistance of several shorthand writers, a bill was written from dictation, and placed in the hands of the printers, together with a plan of the estate and an affidavit. These were printed off with the utmost speed; the bill was filed the same afternoon in the court of Vice-Chancellor Mallins, and the learned judge, after hearing counsel, granted the injunction. By seven o'clock in the evening a messenger, accompanied by a body of police, served a copy of the injunction upon the parties, who were still upon the ground, and who were forthwith removed. Such a rapid movement is perhaps unparalleled.

LADY BARRISTERS.-About fifteen years ago the judges of Cincinnati, Ohio, having been appealed to by a lady for admission to the Bar, decided that there was nothing to render it necessary that the "candidate" for such admission should be of the male sex. The lady, however, failed to pass the preliminary examination. There have since been several applications made by ladies to the American law schools for permission to study in them. The St. Louis law school has been the first to yield on this point, and there are now two young ladies among its pupils, one from St. Louis, the other from Brooklyn, New York.

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DECEMBER

Mon. Tues. Wed. Thur. Fri. 27 28 29 30 31

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Holiday

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Holiday

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538

Name Days-December 29th, 1869, and January 13th, 1870. Account Days-December 30th, 1869, and January 14th, 1870 Saturday, 1st JANUARY, will be a close Holiday at the Stock Exchange and Stock Brokers' Offices.

On Saturdays business commences at 11 30 a.m., and the Stock Brokers' Offices close at 1 p.m.