REAL PROPERTY LAWYER
AND CONVEYANCER.

Summary.

THE plan adopted with the reports in the LAW TIMES is to give precedence to those of most general and immediate interest, leaving for the vacation those whose value is chiefly for reference as future authorities. Hence, most of the Wills cases decided during the last two terms have been deferred, for they are usually of small moment to the practitioner-turning as they do upon the special facts of each case, rather than upon any general principle of law. The arrears of these will now occupy a considerable portion of our columns. Two were reported last week from the Court of Appeal. In Parker v. Sowerby, 23 L. T. Rep. 282, B. gave personal estate and an annuity to his wife, and devised his real estate to trustees, with power to let same, until all his nephews and nieces should attain the age of twenty-one; after, the estates were to be sold, and the proceeds go equally between them. The widow was put to her election between the bequests and the dower. The other was a question of Mortmain. B. gave a sum of stock in trust, after the death of the survivor of his three

Queries on Points of Practice.

RESERVED BIDDING AT AUCTION BY AGENT.-In Conditions
of sale of real property, it was stipulated that the vendors
should be at liberty, by themselves or their agent, to make
one bidding for each lot. Prev ous to a lot being put up, the
auctioneer was called upon by a party present to make
jected to by the solicitors for the vendors as being premature,
known to the company who the agent was. This was ob
as it was quite time enough to give the name of the agent
when the reserved bidding for the vendor was made by such
agent. Can you inform me what the practice is in such
cases?
A SUBSCRIBER'S CLERK.

Answers to Queries.

ACT FOR THE COMMUTATION OF TITHES IN ENGLAND AND
WALES. In answer to the queries of "A Solicitor's Clerk,"
in the Law TIMES of the 8th July, on the construction of
this Act, I would suggest that common sense, and the every-
day event of the payment of debts of more than six years'
standing, notwithstanding the Statute of Limitations, without
the possibility of the recovery from the debtor, should be a
sufficient auswer to the question whether a party, owing and
"voluntarily paying more than two years' rentcharge, could
recover back the difference between the two years and the
amount actually due and paid." And I apprehend that a dis-
tress might be taken for the amount of two years' rentcharge
only, although the notice might specify a larger sum, inas-
much as the first part of the section contemplates the re-
coveryof all arrers," the restrictive clause applying only,
as I conceive, to "the amount to be recovered by distress."
I had for some time the management of the collection of
tithe renteliares to a large amount, and my practice was to
serve a notice in the words of the Act, requiring payment of
all arrears due, without specifying the amount; and this I
take to be the safest course.

AN ARTICLED CLERK.

JOURNAL.

Summary.

daughters, for the Mayor and Corporation of F., JOINT-STOCK COMPANIES' LAW
stating, My original intention was that the
sum should be applied towards the erection of a
tower and steeple to the parish church there;
but, having been anticipated in that design by a
late bequest, which is now carrying into execu-
tion, my desire therefore is that the sum may be
applied in such manner and for such purposes as
the said corporation shall judge to be most for
the benefit and ornament of the said town." This
was held not to be within the Mortmain Act:
(Mayor, &c. of Faversham v. Ryder, 23 L. T. Rep.
282.)

An instance of the danger resulting from the same solicitor being employed by both parties in a mortgage occurs in the case of Colyer v. French, 23 L. T. Rep. 283. B. mortgaged to C., the same solicitor acting for both, who, in his character as solicitor to the mortgagor, retained the title-deeds, representing to C. that certain documents which he delivered to him were the title-deeds. B. subsequently sold the property to D., who had no notice of the mortgage. On a bill of foreclosure by C., it was held to be no defence that D. was a

purchaser without notice, and that C. had not been guilty of laches with respect to the possession of the title-deeds, so as to deprive him of his security. The property was sold to pay certain legacies charged upon this as well as upon other property; and it was held that this did not give the purchaser a good title against C., who was entitled to have the legacies paid out of the other property: (Finch v. Shaw, 23 L. T. Rep. 283.)

In Schroder v. Schroder, 23 L. T. Rep. 286, B. devised all real estate he was then possessed of, or should be seised of, to trustees upon trust for his wife for life, with remainder to his children, &c. Afterwards he bought freehold land at Clapham, and contracted for the purchase of other land in Stockwell. On the following day he executed a codicil, whereby, after reciting this last purchase and agreement to purchase, he devised the Clapham land to the trustees of the will upon the trusts thereof, and directed them to complete the purchase of the Stockwell land, and hold it on the same trusts. In December the Stockwell lands were conveyed to the testator to uses to bar dower. It was held that the devise in the codicil of the Clapham lands was revoked by the conveyance of the same to testator to uses to bar dower, and that the heir was put to his election.

A new statute, c. 32 (23 L. T. 206), is designed to facilitate the apportionment of the rent where plots of lands on lease are taken for the purposes of the Church Building Acts. It provides that in such cases rents and fines may be apportioned; that this may be done by the jury assessing value; that the apportioned rent may be recovered by the same remedies as the entire rent; that sums of money secured by insurance, and all other sums of money or payments or services, may be apportioned in like manner. The Act is to extend to cases where parts of hereditaments are included in leases, and to contracts for leases; the parties having power to assign or convey the leasehold interest.

traffic on Railways and Canals was published THE new Act for the better regulation of the last week (23 L. T. 206). It requires railways and canals to afford all reasonable facilities for receiving and forwarding traffic, without unreasonable delay and without partiality. Persons by motion or summons to the C. P. in England, or aggrieved in this are to apply in a summary way any Judge of the said Court; and, on the certificate of the Board of Trade, the Attorney-General is to apply in like manner, whereupon the Court may direct an inquiry by surveyors, barristers, and others; and, if the Court shall be of opinion that something has been done or omitted in contravention of the Act, it is to issue a writ of injunction to restrain the company from continuing the same and to enjoin obedience, and, in case of nonobedience, an attachment against the directors or other person refusing to obey. The Court is also required to order the payment of a fine for disobedience, which may also be enforced by attachment in the nature of a writ of execution. The Judges are empowered to make regulations for proceedings under the Act, and to order a rehearing. But nothing in this Act is to take away the rights and remedies of any party. Then follow some general and very necessary provisions. The company is to be liable for neglect or default in the carriage of goods. notwithstanding notice to the contrary. The liabilities for injury done to animals is limited to 50%. for a horse, 15/. for neat cattle, and 27. for pigs, unless they be declared as of greater value, and an increased per-centage paid for them. Proof of value is to be, in all cases, upon the party claiming compensation. No special contract with the company as to goods traffic is to be binding, unless signed by the party or the person delivering the goods. It will be remembered, perhaps, that this is another of the measures in which "the interests" defeated in the Commons all that was really of value to the public. The Bill contained large provisions for the protection of human life; but these were struck out by the hostility of the railway companies. It is to be regretted that, in all such cases, the Government did not divide the House, to enable the clectors to see who they are who lend themselves to these jobs, that they might be turned out at the next election.

A railway company having agreed with the trustees to take part of some land belonging to a grammar-school, the master demanded compensation on his own behalf, on the ground that his interests were affected; and he proceeded to arbitration under section 68. But, the company refusing to join or take up the award, he applied for a mandamns. The Court, however, held him not to be entitled to compensation, and that, even if he were, he should have proceeded summarily before two justices under section 121 of 8 & 9 Vict. c. 18: (Reg. v. The Manchester, &c. Railway Company, 23 L. T. Rep. 287.)

IN these times, when every effort is being made to deprive us of the blessing of the Sabbath, by desecrating it as in foreign lands, through opening of as actuated by a regard for the health and recreation public places of amusement, &c., and the advocates of the latter are hypocritically setting themselves forth of the "working classes" and those whose daily maintain themselves and their families, I am truly wants require every effort to be used in the week to glad to see that our profession is taking the lead in giving a half-holiday to their clerks on the Saturday. Surely there is a solemn responsibility and an awful amount of blood-guiltiness attaching to every one who, from avarice or personal indifference to the "one thing needful," so tax the powers of mind and body of themselves and their clerks and dependents in the breaking of one of God's most sacred commandments, week, as to render necessary to health or tempt to the and the breach of which was, under the old dispensation, attended with such marked national and individual judgments; and to the keeping of which commandment in spirit, we, as Christians, are under quite as strong an obligation. When God enjoins man must obey, and no question of human expediency can justify a departure from his law, the keeping of which ever brings a blessing with it despise me shall be lightly esteemed." I sincerely "Them that honour me I will honour, and them that trust this movement in the right direction by the legal profession will go on and be followed by all classes, so that we may soon see the day when the business of the world shall (as it might easily) be so regulated that rest and recreation to the poor overworked dependent in all kinds of business may be enjoyed without encroaching on the Lord's day. I am, Sir, yours, &c.

ROBERT YOUNG.

THE HALF-HOLIDAY.-The law clerks in the provinces would hail such an arrangement as is now contemplated by the Profession in London-of giving a half-holiday on Saturday-with joyous acclamations, as an epoch in the monotonous and weary life of a class whose lot it is to be confined by gloomy walls from the more toilsome routine of an attorney's office. from "morn till dewy eve," and as a blissful relief Nothing can be less inconvenient than allowing clerks a half-holiday, as I am quite satisfied, from long experience in an attorney's office, that half a day can be easily spared without loss or inconvenience to the Profession, if an arrangement is made by all the Profession to that effect; and the clerks will, I am sure, cheerfully work a few hours more during the rest of hope, Mr. Editor, that through your influence the the week to bring up the arrears, if necessary. I

kindness and liberality, to consent to such an excelProfession may be graciously pleased, with their usual lent and beneficial arrangement, and which will be universally cheered as the first step towards the ad

vancement of the social as well as the moral character
of that portion of the community, which hitherto, from
the want of greater opportunities to mingle in good
and healthy society, as well as share in the more
rational amusements afforded by out-door exercises,
ning, I would venture to suggest, let a few clerks in
has been much calumniated. Therefore, as a begin-
ployers to grant them this boon; and the sincere gra-
each town throughout England petition their em-

clerks will not, I hope, be a mean recompense for the
titude with which it will be received by the poor.
loss of half a day.
A CLERK

Reading.

Correspondence. of publication;" and upon this he founds his conNOTARIES.—I was not a little surprised to read the clusion, that, provided a foreigner is in this remarks of "A. B." relative to notaries in the LAW country at the time of publication, even though TIMES for last week, that "in these days there ought he comes purposely to publish, he may obtain not to be a monopoly of a profession which any clerk copyright. Lord St. Leonards put the distinccan thoroughly master in a month." Now I deny that; tion very clearly. He denied the existence of and if "A. B." only possessed a knowledge of the practice of a notary, I do not think he would make any common-law right to copyright. The common law gave a man a right to the possession of such a statement. If he will permit me, I will inform him of what a portion of a notary's practice his MS. and of the thoughts written down upon consists; so that, on consideration, he may find it. But if he parted voluntarily with that posreason to alter his opinion. In a seaport town, a session, by publishing them to the whole world, notary should have a thorough knowledge of the his common law right ceased. Then the statute laws relative to shipping, as regards the trans- law stepped in and gave him, not an ownership fer of vessels, the liability of owners on contracts, in the words which he had already given to the the conduct of actions in the Admiralty Court world, but the privilege of exclusive publication. in cases of collision, salvage, &c. to perform which Hence copyright is not ownership, but a mere successfully great experience is requisite. He ought exclusive right of publication. But when does also to have a critical knowledge of several foreign this right accrue? languages-because he not only frequently comes in The H. of L. says at the contact with foreigners, in his practice with whom he moment when the author publishes. But what has to converse, but he has also to prepare documents is publication? In the popular understanding it in foreign languages going abroad, such as powers of is the distribution of the printed book among the attorney, &c.; and it is only upon a notary's trans- public. This, however, is not the legal definilation of a foreign will that probate will be granted, tion; it is in law the imparting of the contents of and for which purpose a knowledge of the language the MS. to others. Publication may be by is requisite. He is also permitted to prepare all kinds reading it to others; for if that be not publication, of deeds, wills, and other documents, which now con- and if copyright commences only with publicastitute the conveyancing business of a solicitor's prac- tion, it would follow that any person hearing it tice; so, without stating more, I will leave it to the read might use it without violating copyright. judgment of the readers of the LAW TIMES whether even the portion of a notary's practice I have de- This we take to be the foundation of Lord St. scribed "could be mastered by any clerk in a month." Leonards' argument, that to acquire copyright a But "A. B." does not ridicule the profession without book must be printed in this country as well as endeavouring to obtain some practical advantage first published here; for the communication of from it, because he says, "it should be thrown open to the contents to the printer would be in itself a the lawyers generally," and winds up by appealing to publication. Then, in order to avail himself of his brethren to obtain it. Really one would think this, a foreigner must bring himself within the that, from "A. B.'s" description, it would be infra terms of the Act of Parliament; "and to do so," dig. to offer such a practice to the attorneys; but “A. B." for one, it seems, would gladly grasp at it. says Lord St. Leonards, "he must be able to The observations which I have made as regards predicate of himself that he is a subject of these "A. B.'s" knowledge of the practice of the profession realms, at least for the time being." And as to also applies to this, because a portion of a notary's residence he remarked, that whatever would conpractice consists in noting and protesting bills of ex-stitute a man a resident here, so as to make him change, preparing acts of honour, authenticating and subject in point of allegiance to the country while certifying examined copies of documents, and preparing he was here, and would give to him the common and attesting various instruments going abroad, and rights to which every foreigner coming to this granting and solemnising all other notarial acts; and country is entitled, would be a residence that it is stated in "Brooke on the Practice of a Notary" would give him a copyright here if he published that a notary, to a certain extent, is not merely considered an officer of the country where he is admitted, but as an accredited officer in other countries-affidavits sworn before and instruments authenticated by him being respected and received in evidence in foreign courts; and therefore it is manifest, if such duties were to be performed by such a numerous body as the attorneys, in addition to the notaries, there would not be that security against fraud and malpractices which exists at present, by having only a sufficient number to transact the business, and those having their character closely examined before admission, and their conduct afterwards subjected to strict rules and regulations; and if we look back upon the conduct of the two professions we find that, although numerous cases of fraud and malpractices have been brought against attorneys, not one complaint has been made against the conduct of a notary. But I do not say this disrespectfully of the Profession, because it is a natural consequence that, when any profession becomes numerous, there will always be in it some unworthy members. Therefore I think the readers of the LAW TIMES, for the above reasons, will be of contrary opinion to "A. B."

W. P. V. W.

any of your numerous correspondents will give me advice

here."

whether the element of bona fides should not enter
But we would respectfully suggest
into this definition of residence; and further,
that to constitute a good residence the foreigner
must not come for the mere purpose of publishing,
but with the animus to reside, that is, to be a
dweller in the land.

act at any election for the year ensuing, who is to make a declaration that he will faithfully discharge the duties; and every election auditor doing any act whatever contrary to the true intent and meaning of such declaration is to be deemed guilty of a misde made. Each candidate is to pay 101. for the services meanour. These appointments will forthwith be of the "Election Auditor," beside a per-centage on payments and his reasonable expenses."

COMPETITION FOR PUBLIC OFFICES.-The medical appointments in the East India Company's service will very soon be thrown open to unlimited competi tion of properly educated men between twenty-two and twenty-eight years of age. The best men will be selected for the appointments, without any other of examiners has been formed; and though we are recommendation than character and merit. A board not at liberty to announce the names this week, we may state that it consists of gentlemen of the most undeniable qualifications for the office. It would have been difficult to select able men better or so well suited for the important duties that will devolve upon them.

LAND, ASSESSED, AND INCOME TAXES.-A new Act has just been printed for better securing the collecting income-tax by the collectors. The Inland Revenue and accounting for the land-tax, assessed taxes, and Board may require security to be given by the collectors by bond. Collectors are required to give receipts a penalty of 107. on printed forms, and to fill up the counterfoils, under

PROMOTIONS, APPOINTMENTS,

ETC.

[Clerks of the Peace for Counties, Cities, and Boroughs will oblige by regularly forwarding the names and addresses of all new Magistrates who may qualify.]

John Steel, of Derwent Bank, in the county of Cumberland, Esq., has been returned a member to serve in this present Parliament, for the Borough of Cockermouth, in the room of Henry Aglionby Aglionby, Esq., deceased.

The Lord Chancellor has appointed the following gentlemen to be Commissioners to administer oaths in the High Court of Chancery in England: Anthony Carr, Eastcheap; Charles Prentice Barrett, Eton; Wm. Saben, Stone, Staffordshire; George Heineman, York; and George Sheppard, Otley, Yorkshire.

The Right Hon. Sir John Jervis, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas at Westminster, has appointed Charles Bayly, of Terquay, in the county of Devon, gentleman, to be one knowledgments of deeds to be executed by married of the Perpetual Commissioners for taking the acwomen, for the county of Devon.

The executors of a trader sold to his widow, inter alia, his "book-debts." The books had been The Queen has been pleased to direct letters patent ill kept, and it appeared that there were crossto be passed under the Great Seal for appointing the accounts with many of the creditors. The widow High Chancellor; the Right Hon. John Singleton, Right Hon. Robert Monsey Lord Cranworth, Lord was held to be entitled only to the balances due Lord Lyndhurst; the Right Hon. Henry Lord Brongwhere there were cross-accounts, and not to the ham and Vaux; the Right Hon. John Lord Wrotteswhole debt due to the testator: (Cheek v. Black-ley; the Right Hon. John Lord Campbell, Chief Justice more, 23 L. T. Rep. 285.)

A., on Jan. 3, recovered judgment against B. for the balance of a sum secured by bond. The judgment was registered on Feb. 1. On March debt, and which was registered on March 14. 13, C. also recovered judgment for another bondThe judgment prior in date was held to be entitled to precedence: (Dollond v. Johnson, 23 L. T. Rep. 285.)

B. contracted with C. for hoop-iron to be delivered at D. within a given time and sent by canal. In transit the iron was much damaged by rust. In an action for damages it was held that

of the Court of Queen's Bench; the Right Hon. Sir John Jervis, Knt., Chief Justice of the Court of Common Pleas; the Right Hon. Frederick Jonathan Pollock, Knt., Chief Baron of the Court of ExMoncreiff, Esq. her Majesty's Advocate for Scotland; chequer; the Right Hon. Sir James Parke, Knt, one of the Barons of the Court of Exchequer; James the Right Hon. Spencer Horatio Walpole; the Right Hon. Joseph Napier; Sir Wm. Page Wood, Knt.. a Vice-Chancellor; Sir Alexander James Edmund Cockburn, Knt., her Majesty's Attorney-General; Sir Richard Bethell, Knt., her Majesty's SolicitorGeneral; the Right Hon. Abraham Brewster, her Majesty's Attorney-General for Ireland; William

Queries on Points of Practice. REGISTRATION OF BILLS OF SALF-I shall feel obliged if as to what would be the best course to adopt under the following circumstances:-A party owes me a sum of money, and in January last I took from him, as a security, a bill of there was no implied warranty on the part of C. Keogh, Esq. her Majesty's Solicitor-General for Ire

sale by way of assignment. He still lives in the house, and
has possession of the goods. In July last the Registration
of Bills of Sale Act passed. It then occurred to me that my

bill of sale should be registered; but, on applying at the
Queen's Bench Office, I am told that bills of sale made since
the passing of the Act only can be registered; and, more-
over, their opinion there was that it did not require register-
ing. I believe the bill of sale (being made before the passing
of the Act) to be good as against all contingencies ercept
bankruptcy; and I imagine the Bankruptcy Court would con-
sider the goods, in the event of bankruptcy, to be in the order
and disposition of the bankrupt. If I am right in my view
of the case, will it not be advisable to get a new bill of sale
executed, and then register the same, with a view to protec-
tion against bankruptcy?
A SUBSCRIBER.

MERCANTILE LAWYER.

Summary.

to deliver the goods at D. in a merchantable con-
dition; "the vendee," said the Court, "is bound
to accept an article, if only deteriorated to the
extent to which it is necessarily subjected in its
course of transit from one place to another:"
(Bull v. Robison, 23 L. T. Rep. 288.)

LEGAL INTELLIGENCE.

APPOINTMENT OF "ELECTION AUDITORS."-By this day (Friday) the election auditors for the forthcoming elections of Canterbury, Cambridge, Kingston-upon-Hull, Maldon, and Barnstaple, must be appointed under the New Bribery Act. It is declared by the 15th sect. of that statute (17 & 18 Vict. c. 42) that it is expedient to make further provision for preTHE Copyright question was reported last week, venting the offences of bribery, treating, and undue with the verbatim judgments of the Lords. Some influence; and also for diminishing the expenses of commentary was then made upon it in a leading elections. It is enacted that within six days of the article, so that repetition here is not necessary; passing of the Act (10th Aug.) the returning officers and we refer to it only to direct attention to one Maldon, and Barnstaple, and once in every year in of Canterbury, Cambridge, Kingston-upon-Hull, point, namely, the question-"What is Copy- the month of August the returning officer of every right?" The Lord Chancellor thus stated it"Copyright, defined to mean the exclusive right per person to be an election officer, to be called "Eleccounty, city, and borough, shall appoint a fit and proof multiplying copies, commences at the instantion Auditor, or Auditor of Election Expenses," to

land; Robert Handyside, Esq. her Majesty's Solicitorbarrister-at-law; to be her Majesty's Commissioners General for Scotland; and Henry Bellenden Ker, Esq. for the purpose of consolidating the Statute Laws of the Realm.

Pancras, Dorset, and Dawlish, Devon, to Eliza Frances, only daughter of the late Mather Byles, Esq., of Dawlish. TAYLOR-DUFAUR-On the 10th inst. at St. Marylebone Church, John Henry Taylor, Esq., second son of George Ledwell Taylor, Esq., of Westbourne- terrace, Hyde-park, and Broadstairs, Kent, to Mary, eldest daughter of Frederick Dufaur, Esq., of Queen Anne-street, and Gray's-inn. TIBBITTS-ENSOR.-On Tuesday, the 15th inst. at St. Pancras, Thomas Abbott Tibbitts, Esq., solicitor, of Leamington, to Jane Rainford Ensor, only child of the late Thomas Rainford Ensor, Esq., of Gray's-inn.

WILLIS MARTINEAU. On the 15th inst. at the Unitarian
Chapel, Effra-road, Alfred Willis, of the Middle Temple,
Esq., barrister-at-law, to Lucy, youngest daughter of
George Martineau, Esq., of Tulse-hill.

ASHLEY, HENRY JOHN, artificial manure merchant, Newbury,
Sept. 2, at eleven, Sept. 29, at one, Basinghall-street. Off.
as. Whitmore. Sols. Rickards and Walker, Lincoln's-inn-
fields; and Cave, Newbury. Petition, Aug. 14.
COVENEY, WILLIAM, silk manufacturer, Manchester, Aug. 29
and Sept. 19, at twelve. Manchester. Off. as. Pott. Sols.
Cobbett and Wheeler, Manchester. Petition, Aug. 10.
DAVY, HENRY, linen manufacturer, Crediton, Devonshire,
Aug. 23 and Sept. 21, at one, Exeter. Off. as. Hirtzel.
Sol. Terrell, Exeter. Petition, Aug. 11.
EDGLEY, ALFRED HENRY, innkeeper, Bottesdale, Suffolk,
Aug. 28, at one, Sept. 26, at twelve, Basinghall-street.
Off. as. Edwards. Sols. Nichols and Doyle, Verulam-
buildings, Gray's-inn; and Jennings, Ipswich. Petition,
Aug. 5.
IVORY, WILLIAM, wholesale grocer, Norwich, Sept 2, at half-
past twelve. Sept. 29, at twelve, Basinghall-street. Off. as.
Cannan. Sols. Sole, Turner, and Turner, Aldermanbury;
and Miller and Son, Norwich. Petition, Aug. 7.
JENKINS, JOHN THOMAS, builder, Deptford, Sept. 2, at half-
past eleven, Sept. 29, at two, Basinghall-street. Off. as.
Cannan. Sols. Newbon and Evans, Wardrobe-place,
Doctors'-commons. Petition, Aug. 12.
MELLOR, THOMAS, and EASOM, SAMUEL, merchants, Liverpool,
Aug. 23 and Sept. 18, at eleven, Liverpool. Off. as. Caze-
nove. Sols. Haigh, Liverpool; and Sale, Worthington,
and Shipman, Manchester. Petition, July 27.
MUDGE, WILLIAM, fly proprietor, Paignton, Devonshire,
Aug. 23 and Sept. 21, at one, Exeter. Off. as. Hirtzel.
Sols Stogdon, Exeter; and Leaman, Paignton. Petition,
Aug. 12
Rimer, Philip, cigar merchant, Gravesend, Sept 2, at half-
one, Sept. 29, at one, Basinghall-street. Off. as. Whitmore.
Sol. Philpot, Gracechurch-street. Petition, Aug. 8.
SHAW, WILLIAM and HENRY, dyers, Mold-green, Hudders-
field, Aug. 28 and Sept. 25, at eleven, Leeds. off. as.
Hope. Sols. Hird, Huddersfield; and Cariss and Cud-
worth, Leeds. Petition, Aug. 11.

STANSFIELD, SIMEON, cotton spinner. Little Hulton, Lanca-
shire, Aug. 25 and Sept. 15, at twelve, Manchester. Off.
as. Hernaman. Sols. Rushton and Armitstead, Bolton-le-
Moors Petition, Aug. 11.

WILDBORE, FRANCIS, hotel-keeper, Wisbeach, Sept. 2, at one,
Sept. 29, at twelve, Basinghall-street, Off. as. Whitmore.
Sols. Linklater, Sise-lane, Bucklersbury. Petition, Aug. 11.
Gazette, Aug. 18.

BREWER, HENRY, innkeeper and victualler, Ross, Hereford-
shire, Aug. 29 and Sept. 26, at eleven, Bristol. Com.
Hill. Off. as. Miller. Sol. Wilkes, Gloucester. Petition,
Aug. 5.
CHANTRY, GEORGE THOMAS, paper-box manufacturer. Man-
chester, Sept. 1, at twelve. and Sept. 28, at ten, Birming-
ham. Com. Balguy. Off. as. Whitmore. Sol. Stand-
bridge, Birmingham. Petition, Aug. 16.
DEANS, THOMAS, draper, Penny-street, Blackburn, Lancashire,
Sept. 1 and 30, at twelve, Manchester. Off. as. Hernaman.
Sols. Cobbett and Wheeler, Manchester. Petition, Aug. 8.
ELLIS, SAMUEL HERBERT, jun. dealer in stocks and shares,
Stock Exchange, London, Sept. 2, at one, Sept, 30, at twelve,
Basinghall-street. Com. Fane. Off. as. Cannan. Sal.
Eady, Hatton-garden. Petition, Aug. 15.
KNAPP, HENRY, builder, Chelsea, Aug. 31 and Oct. 4, at one,
Basinghall-street. Com. Evans. Off. as. Bell.
Huson, Ironmonger-lane. Petition, Aug. 16.
MARSOM, THOMAS, dealer in horses, South-place, Finsbury,
Sept. 4, at half-past eleven, Oct. 11, at twelve, Basinghall-
Com. Evans. Off. as. Johnson. Sol. Smith and
Son, Barnard's-inn. Petition, Aug. 18.
MATHEWS, HENRY ALFRED, boarding-house keeper, Camber-
well-green, Camberwell, Aug. 26, at twelve, Sept. 27, at
one, Basinghall-street. Com. Fonblanque. Of. as. Stans-
feld.
Sols. Wilkinson, Gurney, and Stevens, Nicholas-
lane, City. Petition, Aug. 16.

street.

Sol.

MILNES, SIDNEY, brewer, Anchor Brewery, Britten-street,

Chelsea, Sept. 4, at twelve, Sept. 30, at one, Basinghall-
street. Com. Fane. Off. as. Whitmore. Sols. Marten,
Thomas, and Hollams, Commercial Sale-rooms, Mincing-
lane. Petition, Aug. 5.
ROUTLEDGE, SAMUEL, dyer, Huddersfield, Sept. 4 and Oct. 5,
at eleven, Leeds. Com. Ayrton. Off. as. Hope. Sols.
Floyd and Son, Huddersfield; and Bond and Barwick,
Leeds. Petition, Aug. 15.
SCARLETT, HENRY, common brewer, Huddersfield, Aug. 28,
at twelve, Oct. 5, at eleven, Leeds. Com. Ayrton. Off. as.
Hope. Sols. J. and W. Sykes, Huddersfield; and Bond
and Barwick, Leeds. Petition, Aug. 16.
TRIPP, ROBERT, dealer in railway and mining shares, Saint
Michael's-chambers, Saint Michael's-alley, Cornhill, and
Hereford-road, Bayswater, Aug. 28, at half past twelve,
Sept. 26, at twelve, Basinghall-street. Com. Holroyd.
Off. as. Edwards. Sols. Goddard and Eyre, Wood-street,
Cheapside. Petition, Aug. 4.

BANKRUPTCIES ANNULLED.
Gazette. August 15.

COOK, ISAAC, painter, Sunderland.
CRICKMER, GEORGE, saddler, Lowestoft.

Gazette, Aug. 18.

MEE, CHARLES, Berlin wool and fancy needlework Reposi-
tory, Milton-street, Bath, Aug. 15.

Dividends.

BANKRUPT ESTATES.

Official Assignees are given, to whom apply for the
Dividends.

Edwards,
Edwards,
Brewin,

Ashton and Spriggs, warehousemen, third, 10.
London.- Ashton, H. warehouseman, final sep. 20s.
London.-Bramer, C. wood dealer, first, 3s. 6d.
Sheffield.-Burgin, J. tailor, first, 78. Brewin, Sheffield.—
Burn, A. tailor, first, 4s. 1d. Whitmore, London.-Colk, W.
wine merchant, second, 2s. 1d. Whitmore, London.-Dun-
thorn, J. corn dealer, final, 4s. Stansfeld, London. -Fuller,
J. H. logwood grinder and fustian manufacturer, first, 11§d.
Fraser, Manchester.-Green, H. baker, first, 3s. 8d. Whit-
more, London.-Hiley, J. boarding-house keeper. first, 4s. 11fd.
Whitmore, London.-Hutchinson, R. ship builder, second,
Wakley, Newcastle.-Norbury and Bindloss, silk
manufacturers, first, 2s. 4d. Fraser, Manchester.-Powell,
T. L. upholsterer, second, 18. 4d. Stansfeld, London.-
Prockter, G. J. and T. cotton spinners, further, 84d. Sep. of
G. Proctor, 20s. Fraser, Manchester.- Quick, F. silversmith,
first, 2s. 6d. Whitmore, London.-Roberts, J. timber mer-
chant, first, 2d. Whitmore, London.-Robson, J. miller, first,
4d Baker, Newcastle.-Taylor, T. M. merchaut, final,
28. 4d. Wakley, Newcastle.

1s. 4d.

INSOLVENT ESTATES,

Apply at the Provisional Assignee's Office, Portugal-street,
Lincoln's-inn-fields, between the hours of eleven and three.
Barlow, R. watch manufacturer, 74d.- Batchelor, G. tobac-
conist, 2s. 1d.--Daker, H. J. out of employ, 9fd-Halliwell,
W. cotton waste dealer, 2s. 14d.-Hurren, J. beer retailer,
78. 2d-Jackson, J. gentleman, 1s. 114d. (making 3s. 5d.)
Powell, J. T. clerk, 24d. (making 2s.)-Richardson, R. G.
grocer, 2s. 74d-Smith, B farmer, 3s.- Williams, T. pork
butcher, 6s. 4d. (making 17s. 5d.)- Woodward, C. clerk in
holy orders, 2s. 10 d.

Bannerman, W. F. clerk R.N. 2s. 8d. Apply to Taylor and
Collison, Great James-street, Bedford-row.

Assignments for the Benefit of Creditors.

Gazette, August 8.

Trusts. E. Mercer, timber merchant, and J. R. Cooper, ironmonger, both of Liverpool. Sols. Robinson and Duke, Liverpool-Cole, J.T. butcher, Newgate-market and Warwicksquare, July 15. Trust. J. B. Nicholson, hosier and shirt maker, Ludgate-hill. Sols. Mardon and Prichard, Newgatestreet.-Dunmur, M. shoe manufacturer, Wellingborough, Aug. 2. Trusts. T. O. Beale, gentleman, and J. Brown, tailor and draper, both of Wellingborough. Sol. T. Cook, Wellingborough.-Edbrooke, J. and Field, R. locksmiths, Bristol, July 27. Trusts. A. Jack, iron master, and J. Godwin, iron merchant, both of Bristol. Sol. W. Sweet, Bristol.-Nicholls, R. currier, Rotherham, Aug. 3. Trust. H. Cooper, tanner, Neepsend, Sheffield. Sols. Dixon and Blackwell, Sheffield. Thompson, J. spirit merchant, Durham, July 19. Trusts. T. Harbutt, North Shields, and W. Graham, jun. Stockton, spirit merchants. Sol. J. Ward, Exchequer, Durham.

Insolvents.

Petitions to be heard at the County Courts.
Gazette, Aug. 8.

Arber, T. boot-closer, Cambridge, Aug. 21, at ten, Cambridge.-Britton, T. glass blower, Birmingham, Aug. 19, at ten, Birmingham.-Eades, C. ale, beer, and porter retailer, Aston, Birmingham, Aug. 19, at ten, Birin ngham.-Gee, J. labourer, grocer, aud provision dealer, Birmingham, Aug. 19, at ten, Birmingham.-Gibbins, J. carpenter and builder, Birmingham, Aug. 19, at ten, Birmingham.-Goode, W. bricklayer and builder, Haslingfield, Aug. 21, at ten, Cambridge-Hodgson, B. cabinet maker and paper hanger, Cropfield, Halifax, Aug. 25, at ten, Halifax.-Imbery, C. clock maker, Skircoat-moor, Halifax, Aug. 25, at ten, Halifax.— Islip, R. jun. merchant, Stamford, Aug. 21, at eleven, Stamford.-Jackson, J. sen. builder and commission agent, Birmingham, Aug. 19, at ten, Birmingham.---Lyndon, G. ironmonger and journeyman stove grate fitter, Birmingham, Aug. 19. at ten, Birmingham.-Lyons, J. baker, Ryde, Isle of Wight, Aug. 31, at ten, Newport.-Mead, E. carpenter, Othery, Aug. 24, at ten, Bridgewater.-Sheridan, W. C. T. coach builder, Ryde, Isle of Wight, Aug. 31, at ten, Newport.-Smith, T. shopkeeper and railway porter, Cleg Nook, Mytholm Royd, Halifax, Aug. 25, at ten, Halifax.-Swift, D. butcher, Barnack, Aug. 21, at eleven, Stamford.-Teague, J. beerhouse keeper and butcher, Neath, Aug. 12, at ten, Neath.-Tebbs, W. mason, builder, and contractor, Halifax, Aug. 25, at ten, Halifax. Varnom, J. tailor and draper, Birmingham, Aug. 19, at ten, Birmingham.-Waterhouse, J. cabinet maker and hair dresser, Halifax, Aug. 25, at ten, Halifax.

Gazette, August 11.

Carr, W. schoolmaster and land surveyor, Gate Helmsley, York, Aug. 28, at ten, York.-Chinn, C. carpenter, Coventry, Aug. 29, at twelve, Coventry.—Coleman, J. grocer and dealer in provisions, Bristol, Aug. 28, at half-past ten, Bristol.Fisk, B. innkeeper, Butley, Aug. 25, at two, Woodbridge.Green, T. builder and carpenter, Coventry, Aug. 29, at twelve, Coventry. Hallawell, J. provision dealer and grocer, Halifax, Aug. 25, at ten, Halifax.-Harris, G. sen. lithographic printer and stationer, Coventry, Aug. 29, at twelve, Coventry.Knight, J. plasterer, plumber, and house agent, Bristol, Aug. 31, at half-past ten, Bristol.- Knight, J. W. builder, carpenter, and joiner, Coventry, Aug. 29, at twelve, Coventry.-Lord, S. greengrocer, Bacup, Aug. 22, at twelve, Haslingden. -Masey, J. T. builder, carp nter, and undertaker, Bristol, Sept. 28, at half-past ten, Bristol.-Mellow, J. shoemaker, St. Austell, Sept. 7, at ten, St. Austell.-Roberts, E. ledger clerk, Bristol, Aug. 31, at half-past ten, Bristol.-Rodwell, R. victualler and boot and shoemaker, Tring, Aug. 31, at ten, Aylesbury.-Shackleton, W. R. boot and shoemaker, Luton, Aug. 17, at eleven, Luton.-Smith, J. railway labourer, Alne, Easingwold, Aug. 29, at ten, Easingwold.-Southcoat, C. hay and straw dealer and cowkeeper, York, Aug. 28, at ten, York. -Sutton, F. R. sign and furniture painter, Bristol, Sept. 28, at half-past ten, Bristol.-Taylor, G. W. grocer and flour dealer, Kimberworth, Rotherham, Aug. 25, at twelve, Rotherham.-Thomas, L. perpetual curate, Merthyr Mawr, Sept. 1, at eleven, Bangor.-Tempest, J. black and whitesmith, Blackburn, Aug. 28, at eleven, Blackburn.-Vaughan, W. jun. fishmonger and dealer in poultry, Bristol, Aug. 31, at half-past ten, Bristol.-Vokes, W. watch and clock maker, Bath, Aug. 19, at eleven, Bath.-Walker, J. wheelwright, Markgate-street, Hemel Hempstead, Aug. 16, at half-past ten, St. Albans.-Ware, C. sen. saddler and harness maker, Sept. 28, at half-past ten, Bristol.

Partnerships Bissolved.

Gazette, August 4.

Aldridge, A. and Moginie, J. pianoforte manufacturers, Churton-street, Cambridge-wharf, Pimlico, July 10. Trusts. T. M. Green, ironmonger, and C. Herbert, printer and stationer, both of Churton-street. Sol. J. Yonge, Strand.Brown, J. H. F. and Forster, T. woollen drapers, Vigo-street, Regent-street, Aug. 4. Trusts. F. Harrison, warehouseman, Bow-churchyard, G. Kendall, Blackwell-ball factors, Basinghall-street, and J. Macken, tailor, Little Ryder-street. Sol. J. Pike, Old Burlington-street.-Burton, E. innkeeper, Manchester, July 28. Trusts. L. Pickup, commercial traveller, Liverpool, and J. R. Bridgford, accountant, Manchester. Sols. G. Stone, Liverpool, and J. Wallace, Manchester.Corvell, G. S. commission agent and merchant, Newcastleupon-Tyne, July 29. Trust. J. Ormston, merchant, New-York, Aug. 28, at ten, York. Williams, J. butcher, Bristol, castle. Sol. I. Hewitson, Newcastle.-Day, N. M. and Turner, J. engineers and machinists, Bunhill-row, Aug. 2. Trusts. W. Laurence, salesman, Rose-cottage, Chelsea, F. F. Shaw, Blackfriars-road, and G. Frasi, Barbican, ironmongers. Sol. J. P. Murrough, New-inn.-Ewart, A. draper, Croydon, July 31. Trusts. D. Laurie, Watling-street, and I. M'Cutchan, Friday-street, warehousemen. Sol. T. M. Cattlin, Ely-place. -Garfatt, J. tailor and draper, Northwich, July 7. Trusts. G. Willis, watchmaker, Northwick, and G. Caster, accountant, Manchester. Sols. W. S. Bradburne, Northwich, and F. T. Selby, Spalding.-Holland, G. coal and hay merchant, Aylesbury, July 29. Trusts. J. Gadsden, auctioneer, Windover, W. Batson, farmer, Weedon, and C. Canning, coal merchant, Tamworth. Sols. Rose and Parrotts, Aylesbury.-Poppleton, J. lamb's wool spinner, Leicester, July 15. Trusts. J. Jacques and S. Viccars, woolstaplers, Leicester. Sol. J. B. Haxby, Leicester.-Slade, G. and L. grocers, Bath, July 11. Trusts. F. J. Nash, wholesale grocer, Arthur-street-west, London, and W. Nation and F. Asprey, grocers, Bath. Sols. Hill and Matthews, St. Mary-axe.-Taylor, J. corn miller and grocer, New Malton, July 26 and Aug. 4. Trusts. J. Reed, jun. Stonegrave, J. Burnett, Langton, farmers, and J. Smith, gentleman, New Malton. Sol. H. Jackson, New Malton.Underwood, J. flour dealer, baker, and general shop keeper, Cardiff, July 11. Trusts. F. Adams, merchant, Bristol, and G. Coleman, miller, Llandaff. Sol. T. Dalton, Cardiff.Watkins, T. grocer, Crawford-street, Bryanstone-square, and Ann's-terrace, Islington, July 26. Trusts. J. A. Merrington, colonial merchant, Thames-street, and L. Brockelbank, tallow melter, Aldersgate-street. Sols. W. J. Norton and Son, New-street, Bishopsgate.- Whitaker, J. bookseller and pub---Lee, H. B. sen., G. H. and H. B. jun. straw plait dealers, lisher, Pall Mall, July 14. Trust. J. W. Bennett, wholesale stationer, Upper Thames-street, and T.J. E. Chubb, bookbinder, Dean-street, Fetter-lane Sols. Jacobs and Forster, Crosbysquare.--Wigley, J. printer and stationer, Middleton, July 10. Trusts. A. Heywood, wholesale stationer, T. Parr, bookbinder, both of Manchester, and J. Heywood, printer and stationer, Heywood. Sol. E. Brookes, Manchester.-Wood, W. lace manufacturer, Nottingham, July 29. Trusts. W. Hill and W. W. Miller, lace manufacturers, Nottingham. Sols. Fox, Butlin, and Dufty, Nottingham.

Gazette, August 14.

Bennett, J. tailer and draper, Manchester, July 14. Trusts.
J. Hough, woollen draper, and E. Grindred, warehouseman,
both of Manchester. Sol. E. Brookes, Manchester.-Blakeley,
J. builder and contractor, Liverpool and Manchester, July 29.

Antill, N., Peters, E. widow, and Peters, G. C. wine and spirit merchants, Portsmouth and Portsea, July 25. Debts paid by Antill.-Booth, W. and Tindal, E. J. auctioneers and house agents, Portland-terrace, Regent's-park, Aug. 2.-Brookes, T. and Wragg, A. machine holders, Nottingham, Aug. 2. Debts paid by Wragg. -Brown, J. Rusby, W. and Brown, G. stone merchants and quarrymen, Bankside, Southwark, and Idle and Gazeby, as regards J. Brown, Aug. 2—Brown, J. Rusby, W. Brown, G. and Booth, H. quarrymen and delvers, Greemore Peniston, as regards Rusby and G. Brown, Aug. 2.--Bury, T. Glover, W. and Speed, J. W. silk and worsted dyers, and dyers, calenderers, and finishers, Salford, July 31. Debts paid by Bury.-Cowen, R. jun. and Mitchell, J. lace pattern designers, Nottingham, July 31.-Curry, P. F. and Statham, H. H. attorneys and solicitors, Liverpool, Aug. 2.-Genge, R. and Lovibond, G. C. sailcloth manufacturers, East Chinnock, July 25. Debts paid by Lovibond.-Gibbons, J. G. P. and Burlton, R. grocers and ironmongers, Ellesmere, Aug. 1. Debts paid by Burlton.-Goldney, F. B. and P. R. lace merchants, St. Paul's-churchyard, Aug. 4. Debts paid by F. B. Goldney.-Hughes, J. A. and Shaw, W. proprietors of a literary and scientific institution, Albion-square, Dalston, Aug. 2.-Inch, T. and Pike, T. J. decorative artists, Bristol, June 24. Debts paid by Pike.-Lancashire, M. and Fearn, H. manufacturers, Derby, July 29. Debts paid by Lancashire. Liverpool, Aug. 3.-Makinson, G. and Woodcock, E. Wigan, July 1. Debts paid by Woodcock.-Maxwell, W. J. and Hinde, J. B. wine merchants, Salisbury-street, Strand, June 30.-Milns, H. G. and Meyrick, C. linen drapers, &c. Tonbridge, July 31.-Parlane, W. M'Millan, J. Yuile, D. and M'Farlane, D. sugar refiners, Liverpool, July 26.— Pollard, E. and Stockwin, A. manufacturers of fenders, &c. Birmingham, Aug. 1. Debts paid by Pollard.--Prehn, W. and Clegg, C. merchants, New Orleans and Liverpool, July 1.-Roberts, W. and Taylor, H. grocers and provision dealers, Gloucester, June 16, 1853. Debts paid by Taylor.-Shackel, J. and L and Pattison, James, John, Elizabeth, and Emma, confectloners, Birmingham, as regards J. and L. Shackel, April 15. Debts paid by remaining partners.-Sidney, R. and J. and Garrow, J. D. silk mercers and drapers, Liverpool, as regards

Garrow, Ang. 1.--Sinkins, J, and Man, W. H. linen and GLENFIELD PATENT STARCH (used in THE SANS-PLI SHIRT, now so well-known

Verrall, A. widow, and W. R. auctioneers and appraisers, THE 168. TROUSERS REDUCED to 148.; THE INDUSIUM, price 5.-BESEMERTS

Shaw, J. whitesmiths, machinists, &c. Lreds, Aug. 3. Debts MESSRS.

paid by Shaw.-Willmott, W. and Woodror, A. tailors and woollen drapers, Spalling, July 31.

AUG. 26.]

To Readers and Correspondents.

"W. C." (Market Harborough.)—We are obliged by our cor-
respondent's suggestion, which shall have due consideration.
"E. C." (Liverpool) will see that his wishes have been attended

to.

19

“A. B." (Liverpool).—The reply to "W. P. V. W." would
Neither
occupy more space than we can at present spare.
would further discussion of the subject be interesting or ser-
viceable. We have given the statements and arguments of
both sides as offered; but must not encourage controversy on
such a question.
(Leeds) complains, with
"A CERTIFICATED ATTORNEY
justice, that serious inroads are made on strictly professional
duties by land agents and surveyors, who draw leases; by
clerks in stamp offices, who draw "residuary schedules;" and
by publishers of newspapers, who draw "dissolutions of part-
nership, and affidavits of the same."
"A DEFENDANT."-Our correspondent evidently does not belong
to the Profession. The questions raise difficult points in the
law of distress, and should be laid before counsel in the usual

manner.

“A. WALKER," Birmingham.-Thanks for the inclosed printed notice. We had previously received from another correspondent a similar one, which we had sent to press.

We cannot undertake to return rejected communications

Whatever is intended for insertion must be authenticated by the name and address of the writer; not necessarily for publication, but as a guarantee of his good faith. No notice can be taken of anonymous communications. NOTICE.

Postage-stamps can only be accepted at the LAW TIMES Office in payment of sums not exceeding 58. Remittances

for all sums above 5s. must be by post-office order.

THE LAW TIMES.

SATURDAY, AUGUST 26, 1854.

THE LAW AND THE LAWYERS. Friday, August 25. How barren of performance was the last session, as compared with its promises, will appear from the following insignificant list of Bills that became laws, and which might properly be termed Law Bills-that is, those in which the Lawyers have a special interest. Common Law Procedure Stamp Duties Usury Law Repeal Bankruptcy

ment

Amend

Court of Chancery
Admiralty Court

Ecclesiastical Courts
Evidence

Witnesses, to Compel
better Attendance of
Registration of Bills of

Sale

Real Estate Charges

Of these but one is entitled to be characterised as a great reform. The Registration of Bills of Sale is second in importance. The rest are of comparatively trifling value.

Look now at the following list of Law Bills introduced, but rejected or withdrawn. See how vastly greater is the sum of disappointments, whether measured by worth or by number. Ecclesiastical Courts Reform Poor Removals

Stannaries Courts
Friendly Societies
Public Prosecutors

THE LAW TIMES.

merce of both, the realisation of the scheme seems
Wherefore so?
more impracticable than ever.
Because, forsooth, the Scotch will concede nothing
to the common purpose. They desire assimila-
tion; but they define that to mean-making the
They will not permit
English law like their own.
of the slightest alteration of their own law, not
even the civilisation of its phraseology, so that it
may be intelligible in both countries; they will
not even meet us half-way, so as to preserve the
best of the law of both. How such an irrational
opposition is to be overcome it is impossible even
to anticipate; certainly it will not be in our
generation.

Severe comments have been made by the news-
papers on Mr. Justice Maule's charge to the jury
upon the trial of the poachers charged with the
murder of Mr. Bagshawe. His Lordship is said
to have stated the law to be that, if the prisoners
really believed that the deceased was about to
arrest them without having a legal right to do
so, it would not be murder; and from this the
critics deduce the conclusion that, according to
Mr. Justice Maule, a thief in your house would
be justified in shooting you if you collared him.
As is usual when the newspapers talk about law,
they talked without knowledge of their subject,
and the judge is unfairly assailed for an error
which is not his, but theirs. Undoubtedly the
law is, that, if men go out together for the pur-
pose of committing an offence, each one is an-
swerable for the acts of all the rest, done in pur-
suance of the common design. But another rule
is, that, although it is not merely the right, but
the duty, of every man to apprehend a felon,
wherever found, a misdemeanant may only be
taken into custody without a warrant while in
the act of committing the misdemeanor. There
is a third rule, that a man may lawfully resist an
unlawful attempt upon his liberty; and although
he may be guilty of an excess of resistance, kill-
ing in the course of it would not be murder, the
essence of which is malice aforethought, but man-
slaughter, more or less aggravated. A killing in
the course of the commission of a crime is con-
strued to be murder, because a man who goes out
to commit a crime is presumed to have prepared
himself for all the possible consequences of his act.
The explanation of Mr. Justice Maule's charge,
therefore, is probably this, that the poachers were
not committing a felony at the moment of their
attempted capture; that they could not have
been lawfully captured; that they had a right to
resist such capture; and that, although their re-
sistance went beyond the limit allowed by law,
they were not guilty of murder, but of man-
slaughter only.

Another criminal case has excited much inte-
rest, the trial of the woman at Windsor for the
murder of her children. The jury acquitted her
on the ground of insanity, in face of the summing
up of Mr. Justice Erle, who put it very strongly
that, if she knew what she was doing, and could
reason upon results, she was responsible for her

Divorce and Matrimo- Simony Law Amend-actions; nor would he recognise a maniacal im

Last year great hopes were entertained that the assimilation of the mercantile law of England and Scotland would be accomplished, with no other obstacles than those arising out of unavoidable but not insuperable difficulties in the operation. There appeared to be a unanimity of approval in both countries; and nothing seemed to be wanting but an arrangement of the terms upon which the common code should be conUnhappily, the hopeful prospect is structed. already clouded; and while every man in both countries continues to declare that assimilation would be an immense convenience to the comVOL. XXIII.-No. 595.

An

pulse to crime as a defence. Why not?
irresistible impulse to do certain things is one of
the commonest forms of madness: and to kill is
not the least frequent of these. The patient is
sane, perhaps, on all other points. He can reason
rightly, think clearly, knows even his own weak-
ness, yet has no power to resist. We acknow-
ledge the practical difficulty of the question when
presented to judges and juries-how easy it is to
set up such an excuse for crime, and how dan-
gerous the admission of such a plea. But the
question is not one of expediency, but of truth.
Is there such a form of madness? If there is,
the question for the court is, whether the pri-
soner was in very truth under its influence. That
is for the prisoner to establish-the onus of proof
is upon him; we claim only that he shall be
Mr.
allowed to plead and prove it, if he can.
Justice Erle's doubts arise from the difficulty
there would be in drawing the line between
maniacal impulse and irregular or immoral
motives. But the solution will be found in the
conduct of the prisoner previously to, and at the
time of, the committing of the crime. His mo-
tives must be closely examined. If no reasonable
or probable ones exist, a maniacal impulse is the
fair conclusion. In this case there was no assign-
able motive for the murder of the children by
their mother. On the contrary, it was an act so
opposed to nature that nothing less than madness
can explain it. Let mothers say if we are wrong
in this. Happily, the jury so thought, and the
country is saved from the crime of hanging a
An example is not needed to deter
mad woman.

If the

mothers from murdering their children.
voice within will not restrain their hands, the
law will threaten them in vain. Example may
be useful to deter from murder committed for
revenge or gain, because these are natural im-
pulses, passions which may exist in many sane
minds, and which in all of us need to be held in
But the murder of her children by a
check.
mother not only could not be prompted by any
known passion of a sane mind, but is in direct
of the natural instincts-maternal love. There-
opposition to the strongest and most universal
fore do we look upon the verdict as a righteous
one, and thank the jury for their vindication of
humanity as well as of reason.

The new stamp duties do not come into operation
until October. They will be found in full in our
last number. This is another and very important
step in the direction of simplification, so as to
avoid evasions and accidental errors, and by re-
duction raising a larger revenue through light
The principle of
charges, which everybody pays cheerfully, be-
cause they inconvenience none.
uniform stamps of small denomination is so
unexceptionable in itself, so productive to the
revenue, and so little burdensome to the payers,
that it ought to be widely extended. For in-
stance, a uniform agreement stamp of 1s., re-
quiring all written contracts whatever to be go
stamped, would produce tenfold the present
amount of revenue from the same source.
withstanding the opposition it encountered in the
House of Commons, a penny stamp on bankers'
cheques might be made to yield a considerable
income. A sixpenny stamp on all legal processes
would be a reasonable substitute for the Attor-
neys' tax; and many similar subjects for taxation
by stamps might be suggested, preferable to any
existing tax, and better than any new one which
the exigencies of the war may compel.

Not

The Law Society approves the proposition for a Lawyers' half-holiday on Saturdays. We know that many of the judges are prepared cheerfully to promote the design, by closing the courts at one o'clock on that day. The good work has been already begun in London; and it will be seen that many of our readers have adopted the practice, without waiting the assent of their brethren. The desire of the Profession in the country is to do likewise; the Saturday marBut in such cases it is prokets being the single obstacle in a few of the provincial towns. of Saturday. A correspondent urges us to reposed to make Thursday the half-holiday, instead than the holidays of their clerks. We should be commend our readers rather to increase the wages well pleased if they would do both, and better But wages are regupleased if they could do so. lated by supply and demand; and the only mode of raising them is for fewer persons to become

clerks.

A new commission has issued for the Consolidation of the Statute Law in lieu of that which has expired-or, rather, which committed felo de se; dissension and mutual abuse, it was, of course, for, after its extraordinary exhibition of internal impossible that it could be continued. The new Commission is unpaid. It is composed of the Law Lords, the Chief Justices, and all the legal functionaries-the only non-official being Mr. BELLENDEN KER, the head of the late Commission, a very clever but crotchety gentleman, who has a theory about codification which he is doubtless extremely desirous to put into practice. We are glad to see, however, from the terms of it, that the new Commission is of more modest design than was the former one. pointed to codify; the business of this one is to repeat the arguments so often urged here limited to consolidation. It is not necessary now against codification; for the experiment appears to be abandoned even by its former advocates. Consolidation, however, is both useful and prac ticable; and much may be anticipated from the labours of the Commissioners, provided they keep Mr. B. KER (who, we presume, will be their working man) under sufficient restraint, and see tion, and does not attempt to thrust in any of his that he really adheres to the work of consolidacodification schemes. In consolidation nothing must be altered. Excision there must be; but not a word should be added or changed.

That was ap

NEW LAWS OF THE SESSION. new laws of the last session will be issued as THE LAW TIMES editions of the most important COMMON LAW PROCEDURE The SECOND usual. They will comprise the following Acr will contain all the necessary forms, with