It was there held, that a creditor bringing in a claim before the Master under the Winding-up Acts is entitled to produce all his evidence before

the Master in order to establish his demand as a

debt, and the Master is not at liberty to admit the demand as a claim, and refuse to receive evidence by which it might be established as a debt; but the Court will not interfere with his discretion as to adjourning the investigation, until a list of contributories has been made out.

SOLICITORS' JOURNAL.

Summary.

THE Common Law Procedure Act of the past session effects considerably more than a change in the practice at Westminster-hall. It goes far towards effecting that fusion of Law and Equity, of which so much has recently been written and said. Technical distinctions, hitherto pertinaciously adhered to by legal practitioners, and regarded as forming a part of the very elements of our jurisprudence, will soon cease to occupy the attention of the student; and even now the experienced practitioner must consent to become a second time a student, for he has by the 24th Oct. to learn an entirely new system of procedure, while he has at the same time much to unlearn.

The new Act effects most important alterations, not only in the practice, but in the constitution and jurisdiction of the Superior Courts of Common Law.

By section 2, the trial by jury may be dispensed with, and the decision of any issue of fact left to the Court, or the presiding judge, wherever the parties consent, provided this is ratified by a judge's order, or rule of court, or by some general rules to be made under the Act. Two Nisi Prius sittings may be held, in London or Middlesex, for any of the courts, by different judges, at the same time, so that the lists of causes, as at the assizes, may be proceeded with in two courts at once; and by section 15, the distinction between term and vacation is for the most part put an end to, as sittings may be appointed and held either in Banc or at Nisi Prius, at any time except in the long vacation.

The statute (sections 3 to 17) effects very great changes in the law and practice of arbitration; absolute power being given to a judge, or the Court, on being satisfied that a matter in dispute consists wholly of matters of account, either to decide the matter summarily, or to refer to arbitration, reserving any special point of law, or question of fact, for the court or a jury; and generally powers are given to arbitrators to state a special case. The presiding judge is also empowered, at the trial of any case involving matters of account, to refer the same to an arbitrator, an officer of the court, or a County Court judge Awards are only to be set aside by application within the first seven days of term, and either of the parties to an agreement to refer is empowered to stay the proceedings in an action commenced in breach of the agreement. Some useful provisions are also made for the compulsory appointment of an arbitrator or umpire, &c., in case of default or omission. The most remark

witness to be discredited by the party calling him, dispensing with the attesting witness, allow ing comparison of handwriting, stamping documents at the trial, giving appeal on rules nisi, examining witnesses viva voce on motions, &c., compelling discovery of documents, and submitting an adversary to examination on written interrogatories, &c. We close this brief summary by referring also to section 61, by which the debtors of all judgment-debtors are subjected to a summary process, in the nature of the wellknown foreign attachment of the Lord Mayor's Court.

A question as to whether a judgment is a charge in equity upon the fruits of an ecclesiastical benefice, and as such void, was considered by Stuart, V. C. in Bates v. Brothers, 23 L. T. Rep. 305. There J. B., vicar of B. and rector of M. H., gave to the plaintiffs a warrant of attorney to suffer judgment to be entered up against him for 300l. and costs. Judgment was entered up and duly registered by the plaintiffs on the 25th Jan. 1851. J. B. afterwards gave to the defendant A. D. a warrant to suffer judgment to be entered up against him for 8000l. and costs, which second judgment was entered up on 13th Dec. 1851, and afterwards registered. Upon bill by plaintiffs, praying for a declaration that their judgment was a prior charge on the benefice to that entered up by A. D., the Court held that the judgment was a charge upon the fruits of a benefice by writing, and therefore void under the 13 Eliz. c. 20. Held also (the decision in Hawkins v. Gathercole, 1. Sim. N. S. 63. non obstante, that decision being still sub judice), that no power is conferred by the 1 & 2 Vict. c. 110 to charge anything which the debtor had not power to charge before; and the bill was dismissed without costs.

DIFFICULTIES UNDER THE NEW
STAMP ACT.

VARIOUS doubts and difficulties having arisen as to the operation of certain provisions of the New Stamp Act, amongst merchants and others whose transactions are affected thereby, the Bank of England very considerately stated the most material of them to the Board of Inland Revenue, and asked a solution. The board, through their solicitor, Mr. Keogh, returned a prompt and full answer, which will have the effect of removing these doubts, and giving confidence to this large and important class of traders in their dealings under the new law. We give the correspondence below.

[COPY.]

From the Deputy-Cashier to Thomas Keogh, Esq. Bank of England, 25th Aug. 1854. Sir, I am desired by the Governors of the Bank of England to submit the following points on the New Stamp Act, which are of serious importance, and have excited great interest in the City of London among the mercantile community.

By the 1st section it is enacted, that from the 10th lieu thereof shall be granted, charged, and paid, cerOct. certain stamp duties shall be repealed, and in tain duties specified in the schedule. Some of the duties specified in the schedule are altogether new, and not substitutes for any existing duties. I refer to the duties on foreign bills. The question is, if the new duties imposted on foreign bills are to take effect from the 10th Oct., or whether they take effect immediately, under the general operation of the Act, for want of any date being fixed.

the 10th Oct., will they apply to all bills at that date, Secondly. Supposing such duties to take effect on or only to bills drawn after that day? The latter but that proviso appears only in terms to save from was obviously intended by the proviso in section 1; repeal or alteration any "stamp duties then payable in relation to any bill of exchange, dated before the 10th Oct." There were not, however, any stamp duties then payable in relation to foreign bills which could be the subject of repeal or alteration, and the question is, if the proviso will prevent the new duty

from attaching on such bills.

does clause 6 apply to bills drawn abroad and payThirdly. With respect to foreign bills drawn in sets able here, as well as to bills drawn here and payable abroad? As respects bills drawn abroad, all the parts of a bill do not ordinarily arrive together; and where there are three or more, it is not unusual to keep back one or more parts. Further, it is usual to send one part of a bill to the drawer's agent for acceptance, and to negotiate the other parts; but section 6 appears to restrain the negotiability of one part of a bill in England without all the others.

Is it intended absolutely to prohibit the negotiability of one part of a bill unless all parts are transferred, or to require that each of the parts negotiated, where they are not all transferred at the same time, shall be stamped with full duty as a single bill in such

Fourthly. In reference to the provision in sect. 5, will it suffice, on endorsing a foreign bill, that the date be stamped or written by a clerk, or must it be written by the person who endorses it? This, though consideration in the conduct of business. it may appear a small matter, is really a serious

I have the honour to be, sir, your obedient servant, (Signed) J. R. ELSEY, Deputy-Cashier. Thos. Keogh, Esq., &c. &c.

[COPY.] From Thomas Keogh, Esq., to the Deputy-Cashier. Inland Revenue, Somerset-house, London, 29th August, 1854.

Sir, I have laid before the Board of Inland Revenue your communication, putting four questions with regard to the operation of the Stamp Act of the last session, 17 & 18 Vict. c. 83.

contained in the schedule of the Stamp Act alladed I am directed to state in reply, that all the duties to (including the duties on foreign bills) take effect from the 10th October 1854, that is, on the 11th of that month, and not before.

Secondly. The new stamp duties will apply to all bills and notes drawn in the United Kingdom on and after the 11th October 1854, and to all foreign bills drawn out of the United Kingdom which shall be presented for payment, paid, indersed, transferred, or negotiated in the United Kingdom, on or after 11th October 1854, without regard to the date of such foreign bills, or the time when they were drawn. The proviso in sect. 1 does not apply to the last-mentioned foreign bills, and it was not intended that it should do so.

Thirdly. Section 6 applies to foreign bills draw and payable abroad, if negotiated in this kingdom, a well as to foreign bills drawn in this kingdom pay. able abroad, such bills respectively purporting to be drawn in sets; but it does not apply to bills drawn in regard to all the bills to which it applies, is to proabroad and payable here. The effect of this section, hibit the negotiation of one part of a bill, unless all the parts are duly stamped and transferred.

Fourthly. The object to be effected by the writing of the name and date on the stamp is (as expressed in the Act) to cancel it, and the board think it will be a sufficient compliance with the law if this be done by a clerk.

I have the honour to be, sir, your obedient servant, J. R. Elsey, Esq. (Signed) THOMAS KEOGH,

I have observed with considerable satisfaction your advocacy of the Saturday's half-holiday, and an thinking of adopting "X. Y. Z." of Walsall's sugges tion; but, before doing so, would be glad to learn if any of the Co. C. Clerk's offices are closed at two p.m. I am in a Co. C. office, and am afraid that I should be met with rule 6 of the Co. C. practice. stating that the clerk's office is to be open every day but Sundays, &c. from ten till four.

A COUNTY COURT CLERK. As you appear to be receiving many communicamention that such a half-holiday has prevailed in this tions on the above subject, we think it right to town and Gateshead for eleven years. The day, howsequence of its being the principal market-day for a ever, is Friday, Saturday not being suitable in con very extensive district, and an immense business is transacted on the latter day, and all the country side resorts to Newcastle as a metropolis. The ar of a memorial from attorneys' clerks, beld 8th Sept rangement about closing was carried into effect at a special meeting of the Law Society, in consequence 1843, when it was resolved: "That it be recommended leave their offices at three o'clock in the afternoon of to the members of the society to allow their clerks to Friday in each week, for the remainder of that day, to afford them an opportunity of the relaxation and recreation stated in their memorial." The resoluti was fully carried by all the members of the society, and has become well known beyond the Profession We are not aware that any inconvenience has resulted

from it.

WILLIAM CRIGHTON,

JAS. RADFORD.

Secretaries to Newcastle and Gateshead Law Society. In the ward of Bassishaw, Messrs. Carritt and Osgood on Saturday last commenced permitting their clerks to close the office at two o'clock. The clerks at once volunteered for one of them to remain till four p.m., for some time at east, till the system began to work harmoniously and more universally. I hope therefore, you will not cease to advocate the cause of the movement, as everything depends much on your OLD SUBSCRIBER

self.

be seen that the fixing of the date of the 11th Oct. next for the coming into operation of alterations only refers to the particular duties therein alluded to. The consequence is, that all other parts of the Act, except where a date is particularly mentioned, came into immediate operation upon its being passed. The Act was passed on the 9th instant; and therefore any person in the United Kingdom who since that date has remitted, paid, received in payment, or otherwise negotiated or circulated an unstamped cheque at a greater distance than fifteen miles from the bank where it is payable, has incurred a penalty of 50%.; and any person who since that date has acknowledged the safe arrival of any money or securities for money through the general post, without using a receipt stamp, has incurred a penalty of 101. or 20., according to amount. It may be observed en passant that "acknowledging the safe arrival" of a mortgagedeed is within the meaning of the expression "other securities for money," which the Act makes use of. I believe that the Profession and bankers are not yet generally alive to this serious defect, and much less can tradesmen and others be aware of it. But ignorantia legis non excusat; " and any illiterate person in the Orkney or Shetland isles, or other remote parts of the United Kingdom, who on the 10th inst. thus transgressed against the Act passed the day before, has incurred very serious penalties, notwithstanding that a copy of the Act could not possibly be in those parts of the country for a considerable period after. If all such penalties were enforced, I venture to say that a material addition would be made to the year's revenue. That the Commissioners of Inland Revenue will thus interpret the Act seems to me certain; for they construe the 15th section as to denoting stamps on the principle which I have pointed out, and are already acting upon it. Defects of this kind will constantly occur, so long as Law Bills are not submitted to practical men. A similar defect came under my notice last year, in the case of a deed having been acknowledged before a solicitor, who signed himself "A Master Extraordinary in Chancery," unaware that the day before an Act coming into immediate operation had been passed, changing his style to the somewhat inapposite one of "a Commissioner to administer Oaths in Chancery in England."

Queries on Points of Practice.

SIGMA.

A PARAGRAPH has been running its course through the newspapers during the past week, detailing some very unseemly proceedings in the Wakefield Co. C. The affair of Mr. Ramsey had already done too much towards bringing the office of judge in these courts into contempt; and we regret exceedingly that we have to chronicle again, in so short a time, a case where judicial temper and discretion seem gravely at fault. We sincerely trust we shall hear no more of this unseemly contention.

In the case of Mr. Mitchell before the Leeds Co. C., also reported below, the judge very properly punished that person for contempt and

misbehaviour.

THE JUDGE OF THE WAKEFIELD COUNTY COURT. -Since the early part of June last there has been a contention every court day between the judge of the Wakefield Co. C. and a reporter for the Wakefield Express, the judge charging the reporter that a malicious report of a case tried by him had been inserted in the Express, and ordering the officer of the court to remove the reporter. For the third time, on Saturday last, the reporter again presented himself in the court at Wakefield, when the judge asked him if he had reported the case for the Express, of which he (the judge) had before complained, as that report was false and malicious; he had, indeed, scorned to read the paper, and had put it into the fire. The reporter replied that he had taken notes of the case, and was responsible for the report, which he humbly submitted to the court was literally correct. The judge then desired him to leave the court; but, not manifesting any alacrity in departing, he was removed by order

For

COMMITTAL OF A MERCHANT FOR CONTEMPT OF A COUNTY COURT JUDGE.-On Monday morning last (says the Leeds Mercury) a scene took place between Mr. Marshall, the learned judge of the Leeds County Court, and one of the suitors, which has created a considerable amount of conversation in the borough. Amongst the plaintiffs was Mr. H. C. W. Mitchell, wine-merchant, Headingly, who appeared before the court about eleven o'clock. When the case in which he was a suitor was called on, a document was handed to the judge apprising him of the insolvency of the defendant (Mr. Tootal, late sharebroker, of Leeds), and his intention to seek the aid and protection of the Insolvent Debtors' Court. Mr. Mitchell, upon this document being read, said it was the fault of the court that the case had not been concluded sooner, and an execution issued against the defendant. Mr. Nelson, the clerk of the court, assured Mr. Mitchell that the fault was his own, as he had not appeared on the previous court-day, when the case was before them; and was proceeding to explain, when Mr. Mitchell exclaimed, with much vehemence, to the judge-"It is your fault, sir. If you had done your duty, the case would have been tried when the man could have paid, and I should have got my money. If you had done your duty, sir, I should have been paid." The learned judge told Mr. Mitchell his language was most improper, and could not be tolerated there. Mr. Mitchell repeated that it was the judge's fault that he had lost the money; whereupon Mr. Marshall peremptorily ordered him to hold his tongue, and leave the court instantly. Mr. Mitchell said he would leave the court certainly; but he must persist in saying the judge had not done his duty, or there would not have been delay. He was in the act of turning towards the door, when the judge ordered him back, and fined him 20s. for contempt of court. Mr. Mitchell said he would not pay. The judge told him that the alternative was imprisonment; and to prison he would go if he refused to pay the fine. Mr. Mitchell protested he would not pay, and demanded to be taken to gaol. The judge directed one of the bailiffs to take Mr. Mitchell into custody, and at the same time informed him that he would be committed to gaol for seven days unless the fine was paid. The bailiff, as Mr. Mitchell still refused to pay, removed him from court. An hour afterwards, some other causes having been disposed of, the learned judge directed one of the bailiffs to bring Mr. Mitchell into court again. The bailiff went out, and in a few minutes returned, saying that Mr. Mitchell refused to come. His Honour said that Mr. Mitchell was his prisoner, and he must bring him. If he would not come by persuasion, he must use force. If he was not strong enough to bring him in by force he was to call in the police to aid him; and, if they refused, he would fine them. The bailiff then left the court, and in a few minutes returned with Mr. Mitchell, who did not appear to have resisted. At the conclusion of a case which had been taken in the mean time, the learned judge, addressing Mr. Mitchell, pointed out the impropriety of his observations to the court, and added that, as perhaps he was now in a frame of mind to retract what he had said and apologise, he had then the opportunity. Mr. Mitchell expressing a desire to comment upon the remarks of the learned judge, was informed that he would not be heard bevond any apology that he might desire to make. Mr. Mitchell refused to make such an apology, and was committed to gaol for seven days for contempt of court, in default of paying a fine of 20s. He was subsequently conveyed to Halifax gaol.

COURT PAPERS.

REGISTRATION OF VOTERS.-REVISION COURT.

CITY OF LONDON REGISTRATION.-Mr. M'Christie, the revising barrister, has intimated his intention of commencing the annual registration of voters for the City of London on Monday, Sept. 18. The proceedings will take place in the Court of Common Pleas, Guildhall.

PROMOTIONS,
PROMOTIONS, APPOINTMENTS,

ETC.

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

The Lord Chancellor has appointed the following gentleman to be a commissioner to administer oaths in the High Court of Chancery :-Richard Perkins, York.

The Queen has been pleased to direct letters patent to be passed under the Great Seal, granting the dignity of a Baronet of the United Kingdom of Great Britain and Ireland unto John Beverley Robinson, Esq., C.B., Chief Justice of that part of her Majesty's province of Canada called Upper Canada, and to the heirs male of his body lawfully begotten; also to Louis Hypolite Lafontaine, Esq., of the city of Montreal, in the county of Montreal, Chief Justice of that part of her Majesty's province of Canada, called Lower Canada, and to the heirs male of his body lawfully begotten.

The Queen has been pleased to appoint Neville Parker, Esq., to be a Puisne Judge of the Supreme Court of the province of New Brunswick, with rank and precedence in the said court next after the Chief justice; Thomas D. Archibald, Esq., to be a member of the Legislative Council of the province of Nova Scotia; Richard S. Darling and Toussaint Rostant, Esqs., to be members of the Legislative Council of the island of Trinidad.

The Queen has been pleased to approve of the following gentlemen:-M. August Wehner, as Consul in London for his Majesty the King of Hanover; Mr. James Duncan Thompson, as Consul in Cape Town for his Majesty the King of Portugal and the Algarves; and Mr. Peter Petersen, as Vice-Consul at Hull for the Grand Duke of Mecklenburg Schwerin.

Mr. John Callaway, jun., of Canterbury, has been appointed by Charles Harwood, Esq., judge of the County Court, to be clerk of that court, in the place of Mr. George Furley, resigned; and the appointment has been confirmed by the Lord Chancellor.

The following member has been returned to serve in this present Parliament for the county of Aberdeen:-The Hon. George John James Gordon (commonly called Lord Haddo) in the room of ViceAdmiral the Hon. William Gordon, who has accepted the office of steward of her Majesty's Chiltern Hundreds.

ELECTION AUDITORS.-Mr. John Nicholas Bennett, solicitor, of the firm of Whiteford, Bennett, and Tucker, of Plymouth, has been appointed the election auditor for the borough of Devonport, under the Act 17 & 18 Vict. c. 102; and John Clutton, Esq., of 32, Newington-place, Newington, in the county of Surrey, to be the election auditor for the borough of Lambeth.

NECROLOGY.

MR. RALPH BERNAL. WE regret exceedingly to have to announce the death, after a few days' illness, of Mr. Ralph Bernal, father of Mr. Bernal Osborne, M.P. Mr. Bernal represented Rochester for many years previous to the general election of 1852, and, during several Parliaments, was chairman of committees of the House office he discharged in a manner that earned for him of Commons, the onerous and delicate duties of which the respect of all classes of politicians. He himself

was a consistent Liberal. In matters of art and taste Mr. Bernal's judgment was justly esteemed as one of the best in England.

MARRIAGES.

JOILE-SAMUELS-On the 30th ult. at 22, Lower Calthorpe-
street, Joseph George Joile, Esq., of Newcastle-upon-Tyne,
solicitor, to Jane, youngest daughter of the late S. Samuels,
Esq., of Chichester, Sussex.
RICHARDSON-THOMSON.-On the 19th ult. at Ross, Charles
Richardson, Esq., of Ross, son of the late R. Richardson,
Esq., of Capenhurst, Cheshire, Deputy-Lieutenant and
Magistrate of that county, to Mary Francés, eldest daughter
of C. E. Thompson, Esq., surgeon, Ross.
ROBERTS-BERTIN-On the 24th ult. at the parish church of
St. Nicholas, Great Yarmouth, Norfolk, Harry Dawson
Roberts, Esq., of Barge-yard-chambers, Bucklersbury,
London, solicitor, to Adelaide, daughter of M. Bertin, of
Lille, France.

DEATHS.

DAUDISON, JOHN, wine merchant, Huddersfield, Sept. 11 and Oct. 13, at eleven, Leeds, Off. as, Hope. Sols. Messrs. Sykes, Fiuddersfield, and Bond and Barwick, Leeds. Petition, Aug. 28.

SYKES, ROBERT, grocer, Sheffield, Sept. 9 and Oct. 14, at twelve, Sheffield. Off. as. Brewin. Sol. Fernell, Sheffield. Petition, Aug. 12.

WHITE, JOHN, builder, Ormskirk, Lancashire, Sept. 12 and Oct 2, at eleven, Liverpool. Off. as. Cazenove. Sols. Forshaw, Liverpool; and Welsby, Ormskirk. Petition, Aug. 18.

Gazette, Sept. 1.

ALDERSON, CHRISTOPHER, grocer, Lower Tottenham, Sept. 14, at half-past one, Oct. 27. at half-past eleven, Basinghallstreet. Com. Fane. Off. as. Whitmore. Sol. Strong, Jewin-street, Cripplegate. Petition, Aug. 24. BROOKS, ROBERTS, draper, Blackburn and Blackpool, Lancashire, Sept. 13 and Oct. 4, at twelve, Manchester. Off. as. Fraser. Sols. Sale, Worthington, and Shipman, Manchester. Petition, Aug. 28. DANDISON, JOHN (and not Dandison, as before advertised), wine and spirit merchant, Huddersfield, Sept. 11 and Oct. 13, at eleven, Leeds. Com. Ayrton. Off. as. Hope. Sols. Mes-rs. Sykes, Huddersfield; and Bond and Barwick, Leeds. Petition, Aug. 28.

HUMPHREYS, JOHN DODDERIDGE, engineer, New Wharf-road, Caledonian-road, Sept. 14, at half-past eleven, Oct. 20, at two, Basinghall-street. Com. Fane. Off. as. Whitmore. Sols. Morris, Stone, Townson, and Morris, Moorgate-streetchambers. Petition, Aug. 30.

JACKSON, THOMAS GOODWORTH, joiner, Goole, Yorkshire,
Sept. 19 and Oct. 13, at eleven, Leeds. Com. Ayrton. Off.
as. Hope. Sol. Bulmer, Leeds. Petition, Aug. 22.
LANGMAN, FREDERICK, druggist and oil and grease merchant,
Wolverhampton, Sept. 15 and Oct. 6, at half-past ten,
Birmingham. Com. Balguy. Off. as. Bittleston. Sol.
Hayes, Wolverhampton. Petition, Aug. 24.
MAW, EDWIN, iron founder and manufacturing engineer,
Seacombe, Cheshire, Sept. 13 and Oct. 6, at eleven, Liver-
pool. Com. Stevenson. Off. as. Turner. Sols. Evans and
Son, Liverpool. Petition, June 24.
NORMANVILLE, WILLIAM JOHN, commission agent, dealer in
patents, and manufacturer of axle-boxes for railway car-
riages, Seymour-chambers, Duke-street, Adelphi, and
Queen's-road, Regent's-park, Sept. 11 and Oct. 12, at one,
Basinghall-street. Com. Fonblanque. Off. as. Graham.
Sols, Stevenson and Ley, Victoria-street, Holborn-bridge.
Petition, Aug. 30.

Dividends.

BANKRUPT ESTATES

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

Cox, C. common brewer, final, 34d. Bittleston, Birmingham.- Nicklin, J. B. ironmonger, first, 344. Bittleston, Birmingham.-Turner, F. colliery viewer, third, 7d. (in addition to 3s.) Baker, Newcastle.

NOTICE. Dividends in bankruptcy are not payable from 26th July to 2nd Oct. 1854.

INSOLVENT ESTATES.

Apply at the Provisional Assignce's Office, Portugal-street, Lincoln's-inn-fields, between the hours of eleven and three. Brown, E. out of business, 2s. 10d. (making 5s. 3d.)—Clancy, J. lieutenant 15th Hussars, 38. 3d.-Davies, J. T. grocer, 7s. 34d.-French, H. R. sen. carpenter, joiner, and undertaker, 1s. 3d.—Hall, W. J. C. schoolmaster, 48. 5d-Halls, T. railway clerk, 114d-Harris, B. clothier, 2s.--Hughes, I out of business, 18. 5d.-Jones, H. oil and colourman, 18. 7d -Okey, S. custom-house clerk and agent, 1s. 1}d.--Spong, C. clerk, 58. 6d.

Barnes, W. 6s. 6d. Apply at the County Court, Newport Pagnel.-Eures, C. late farmer, 48. 8d. Apply at the County Court, Warwick.-Furmage, R. drilling master, 14d. Apply to H. W. Dickinson, official assignee, Weston's-lane, Poole.Gabel, J. 2s. 7d. Apply at the County Court, Newport Pagnel Gilbert, J. S. schoolmaster, 3s. 94. Apply at the County Court, Warwick.— McInnes, F. hairdresser and perfumer, Is. Apply at the County Court, Warwick.-Rogers, J. master Dickinson, official assignee, Weston's-lane, Poole.

GRAHAM, WALTER, draper, Blackburn, Sept. 12 and Oct. 3,
at twelve, Manchester. Off. as. Pott. Sols. Cobbett and
Wheeler, Manchester; and Backhouse, Blackburn. Petition,
Aug. 15.

HOLLINS, WILLIAM, commission merchant, Manchester,
Sept. 13 and Oct. 4, at twelve, Manchester. Off. as. Fraser.
Sols. Atkinson, Saunders, and Last, Manchester. Petition,
Aug. 23.
LAWRENCESON, JAMES, innkeeper, Blackpool, Lancashire,
Sept. 14 and Oct. 5, at eleven, Liverpool. Off. as. Bird.
Sol, Richardson, Bolton-le-Moors, Petition, Ang. 21.
LEVET, CHARLES, ironmonger, Ely, Cambridgeshire, Sept. 8,
at half-past twelve, Oct. 13, at two, Businghall-street.
Off. as. Cannan. Sols. Reece and Blyth, Serjeant's-inn,
Fleet-street. Petition, Aug. 7.

LIGHTFOOT, THOMAS, grocer, Stockport, Sept. 8 and 29, at
twelve, Manchester. Off, as. Pott. Sols. Partington,
Manchester; and Bolton, Merriman, and Dunning,
London. Petition, Aug. 21,

LORD, CHARLES, tailor, Fleet-street, Sept. 7, at two, Oct. 20,
at twelve, Basinghall-street. Off. as. Cannan. Sol. Stroug-
hill, Coleman-street. Petition, Aug. 21.
MARTIN, JAMES, hatter, Maidstone, Sept. 7, at two, Oct. 20,
at one, Basinghall-street, Off. as. Whitmore. Sol. Hughes,
St. Swithin's-lane. Petition, Aug. 28.
PAIGE, PHILIP, lodging-house heeper, Torquay, Sept. 7, and
Oct. 5, at one, Exeter. Off. as. Hirtzel. Sol. Stogdon,
Exeter. Petition, Aug. 24.
RAND, JAMES, grocer, Longton, Staffordshire, Sept. 9 and
29, at half-past ten, Birmingham. Off. as. Christie. Sols.
Messrs. Clarke, Longton; and Motteram and Knight, Bir-
mingham. Petition, Aug. 24.
RATHBONE, JOHN EDWARD, dealer in mining shares, late of
Threadneedle-street, and Moorgate-street. Sept. 14, at
cleven, Oct. 13, at half-past one, Basinghall-street. Off. as.
Cannan. Sol. Webb, Lincoln's-inn-fields. Petition,
Aug. 2.
RUSLING, GEORGE, licensed victualler, late of Manchester,
Sept. 12 and Oct. 3, at twelve, Manchester. Off. as. Fraser.
Sols. Boote and Eltoft, Manchester; and Bower, Jaques,
Edwards, Jaques, and Layton, London. Petition, Aug. 19.
RUSSETT, GEORGE HARRIS DE, merchant, Birchin-lane, Sept.
7, at one, Oct, 20, at half-past eleven, Basinghall-street.
Off. as. Cannan. Sol. Elmslte, Moorgate-street. Petition,
Aug. 24.
SIVITER, SAMUEL, ironmonger, Brierly-hill, Staffordshire,
Sept. 15 and 20, at half-past ten, Birmingham. Off. as.
Whitmore. Sols. Messrs. Wright, Birmingham. Petition.
Aug. 23.

Assignments for the Benefit of Creditors.
Gazette, August 22.

Flecknoe, J. innkeeper, Leamington Priors, Warwickshire, July 29. Trusts. W. Rose, upholsterer, Leamington Priors, and W. Smith, accountant, Warwick. Sol. A. S. Field, Leamington Priors.-Humphrey, J. corn and coal merchant, Dorking, Surrey, Aug. 17. Trusts. C. W. Kilner, stationmaster, and J. Ede, miller, both of Dorking. Sol. J. D. Sadler, Dorking.-Lee, G. baker, Liversage street, Derby, July 26. Trust. E. Lloyd, coach builder, Barker-gate, Nottingham. Sol. J. Briggs, Derby.-Rylance, R. tailor, Oldham, Lancashire, Aug. 7. Trust. J. Potter, draper, Oldham. Sol. J. Ponsonby, Oldham.-Smith, W. shoe manufacture. Stone, Trusts. W. Silvester, leather merStaffordshire, July 27. chant, Stafford, S. Griffiths, mercer and draper, Stone, and G. Harrop, woollen cloth merchant, Manchester. Sol. R. M. Shipman, Manchester.

Gazette, August 25.

Sols.

Arding, F. engineer and iron founder, Uxbridge, Aug. 18. Trust. T. Fisher, gentleman, Taunton. Sol. A. S. Edmunds, New South-square, Gray's-inn.-Buckley, G. currier, Bingley, Aug. 4. Trusts. S. Smith, jun. tanner, and E. Kitchin, currier, both of Leeds. Sol. T. Simpson, Leeds.--Hart, J. draper, Shirley, near Southampton, Aug. 16. Trusts. S. Greenwell and D. Hubbard, warehousemen, Blackfriars-road. Blake and Poole, Blackfriars-road.-Lawson, J. grocer, Swindon, Aug. 22. Trusts. II. Reynolds, yeoman, Swindon, and W. A. Wane, grocer, Highworth. Sols. Crowdys and Townsend, Swindon.-Lorrimer, J. fancy hosier, Leicester, Aug. 4. Trusts. F. Johnson, A. Burgess, S. D. Bromhead, and J. Pool, worsted spinners, J. Plant, box manufacturer, and T. Sunderland, commission agent, all of Leicester. Sol. J. B. Haxby, Leicester.-Moss, W. boot and shoemaker, Chancery-lane, July 27. Trust. II. Baylis, accountant, Norwich. Sols. Sole, Turner, and Turner, Aldermanbury.-Myers, M. S. printer, Tavistock-street, Covent-garden, July 27. Trusts. R. Bezley, typo-founder. Fann-street, Aldersgate, J. Clayton, news agent. Strand, and C. Hope, publisher, Great Marlborough-street. Sol. H. Grainger, Bucklersbury, -Pritchard, H. draper, Bethesda, Carnarvonshire, July 27. Trusts. W. F. Powell and J. Openshaw, merchants, Manchester. Sol. E. Brookes, Manchester.-Richmoud, J. merchant, Billiter-strect, Aug. 22. Trusts, J. M. Frazer, merchant, Mark-lane, and T. Gray, colonial broker, Commercial Sale Rooms. Sol. F. Kearsey, Bucklersbury. - Wainwright, R. draper, Old Stratford, Aug. 21. Trusts. J. C. Sharp, warehousemen, Wood-street, Cheapside, and W. R. Porter, draper, Stony Stratford. Sols. Sole, Turner, and Turner, Aldermanbury.

Ensolvents.

Petitions to be heard at the County Courts.

Gazette, August 22.

Andrews, J. farmer, innkeeper, and publican, Tilney St. Lawrence, Sept. 6, at three, King's Lynn.-Barton, J. journeyman printer, Victoria-place, Union-street, Maidstone, Sept. 5, at twelve, Maidstone.-Daries, G. S attorney-atlaw and solicitor, Tyr Berllau, Crickhowell, Sept. 7, at eleven, Crickhowell-Jenner, I. publican, Foresters' Hope, Brighton, Aug. 26, at ten, Brighton.-Kayles, J. temperance hotel keeper, Burnley, Oct. 5, at eleven, Burnley.-Monck, T. dealer in pastry, confectionary, bread, &c. Hard, Portsea, Sept. 8, at eleven, Portsmouth.-Palmer, H. farmer, Gayton, Sept. 6, at three, King's Lynn.-Roberts, W. licensed vie tualler, general dealer, and land surveyor, Bull Inn, Bentley, near Alton, Sept. 12, at eleven, Alton.-Salmon, J. butcher and shopkeeper, St. Colomb Minor, Sept. 15, at one, Saint Colomb Major.

Gazette, August 25.

Barker, G. jobbing mason, Bristol, Aug. 31, Bristol-Belingbroke, J. last and boot-tree maker, Kingston-upon-Hal Sept. 8, Hull.-Chadwell, C. B. cutler, Oxford, Sept 8, Oxford -Corringham, R. working jeweller, Canterbury, Sept. 6 Canterbury.-Dufour, J. publican, Cheltenham, Sept. 6, Cheltenham.-Greening, B. clock and watchmaker, Bristol, Aug. 31, Bristol.-Harrison, I. late grocer and general dealer, Settle, Sept. 7, York.-Haynes, T. late farmer, Cunner, S8, Oxford.-Kidson J. retailer of ale and porter and butcher, Wolverhampton, Sept. 26, Wolverhampton. Lambert, J. milliner, Bristol, Aug. 31, Bristol--Lloyd, F. retailer of ale and beer, Kinfare, Sept. 25, Stourbridge. — Iver, M. bout and shoe maker, Newcastle, Sept. 14, Newcastle.-Morra, J. bailiff, Exeter, Sept. 12, Castle of Exeter.-Nichols, C. beer retailer and tailor, Southampton, Sept. 5, SouthamptonParry, T. sen. market gardener, Wednesfield, Sept. 24, Wolverhampton. — Pope, J. W. attorney-at-law, Exeter, Sept. 12, Castle of Exeter. - Pritchard, J. W. plumber, painter, and glazier, West Derby, Sept. 25, Liverpool-Esteris, G. publican, farmer, and pig dealer, Ampthill, Sept 11, Ampthill-Sharpe, J. boot and shoe maker, Potterhanworth, Sept. 19, Lincoln. Taylor, R. cabinet make, and upholsterer, Lincoln, Sept. 19, Lincolu. — Vinall, H. clerk a Her Majesty's dock-yard, Chatham, Sept. 7, RochesterWalker, J. photographic artist, engraver and printer, Exeter. Sept. 12, Exeter.- Wilcox, N. grocer, dealer in tea, and beer seller, Ironbridge, Madeley, Sept 16, Madeley. - Wool, I. livery stable keeper, Worcester, Sept. 19, Droitwich.

Partnerships Bissolved.

Gazette, August 22.

Barnes, G. and Seabrook A. naptha rectifiers and varnish manufacturers, Rhodeswell-road, Stepney, July 31. -Big'md, A., J. and E. and Jeffreys, T. brokers, Liverpool, as regards A. Bigland, July 1.-Cox, F. C. Tully, J. and Foster, RH. Rio de Janeiro, Dec. 31, 1853.-Creasy, S. and Spropu, J. Vauxhall-bridge-road, and Dudding, J. Fitzroy-square, builders, as regards Sprague, Aug, 19.—Crozer, J. and Start, J. brewers, Alnwick, Aug. 14. Debts paid by Crozer.—Errk. T. and Merrett, G. contractors, Parliament-street, Westmuster. Aug. 17. Debts paid by Merrett.-Emary, J. sen. and J. jun, and Hoad, F. fly, post, and riding masters, Hastings, as regards J. Emary, sen. Aug. 14.-Gregory, S. Rawlings, S. and Hlavy, A. card makers and machine makers, Frome Selwood, Aug 18.-Harrey, S. and Higgs, T. brick and tile makers and coul dealers, King's Norton, Aug. 17. Debts paid by T. Higes-Hays, E. and Kelly, M. drapers and shopkeepers, New Batford, near Nottingham, Aug. 17. Debts paid by E. HaysHepworth, J. and Dotterill, J. contractors and builders, Gos port, Aug. 18.-Holland, R. G. and Tosbach, J. C. surgeons &c. Clerkenwell-green, Aug. 9.-Humphris, J. and Kest, W butchers and cattle dealers, Liverpool, Aug, 18.—Lea, N, and Chandler, J. drapers and tailors, Swindon, July 22. Delts paid by Chandler.-Lowe, W. and Hornblower, F. S. chemists and druggists, Blackfriars-road, June 30-Metcalf, J. Lee 5. and Hudson, W. Rothwell, maltsters, Aug. 17. Deb's p by Metcalf-Miley, M. Reid, W. and Miley, M. jun. tarts trimming sellers, Warwick-street, Regent-street, Oct. 1Millns, F. and Hare, J. W. chomists and druggists and cake merchants, Spalding, Aug. 18. Debts paid by MaitsParkes, J. and Baker, D. engineers, millwrights, and blacksmiths, Lydney, Gloucestershire, June 10. Debts paid by Baker.-Poeschmann, B. T. and Tischer, L. commissiet tarchants, Liverpool, Aug. 19.-Roberts, J. and Fisher, H. cofectioners, Gracechurch-street, July 29. Debts paid b Fisher-Sanderson, W. and Reid, J. silk manufacturers, Gresham-street, Aug. 21.

Gazette, August 25.

Broadwith, W. and Wilks, J. brickmakers, Leeds, Aug 13 Debts paid by Broadwith.-Chatheick, T. York, T. Tuer, C and Robinson, J. A. iron founders, Bolton, as regards York, Aug. 21. Debts paid by remaining partners-Clegg, R. WA W. cotton spinners and manufacturers, Heywood, Aug. Debts paid by W. Clegg,--Clark, T. and Hooker, G. tarp 18 Woolavington, May 17. Debts paid by Clark.—Ella J., J. and S. Westall, J. Greenwood, J. and Gill, T. cotton mate turers, Accrington, Aug. 18. Debts paid by J., J. and S. Ellis-Elvery, R. W. and Kiernan, W. J. IslingtonAug. 23. Debts by Kiernan.-Fenwick, A. R. Jobling Tr J. common brewers, Morpeth, Aug. 23-Hughes, J., I. and J. R. machinists, Manchester, Aug. 23. Debts paid by Land J. R. Hughes.-Littlewood, J. and G. fancy manufact Castle Hill Side, Almondbury, July 8. Debts pall bris Littlewood.-Lockwood, J. and Sockdale, W. fancy wildcoating manufacturers, Highburton, Kirkburton, July Moorhouse, S. and J. doublers and cotton-thread made turers, Stockport, Aug. 23. Debts paid by S. Moorhea Volda, C. E. and Plummer, W. H. Crown-court, Cheap Je Aug. 23. Debts paid by Nolda-Oxley, W., E. and J. London and Liverpool, as regards E. Oxley, July 18-Pei cival, T. and Hounsfield. E, coach proprietors and cab owners Sheffield, July 22. Debts paid by HounsfieldB. and Whitworth, H. agents, Manchester, July 7.and Storey, T. cotton manufacturers, Fountain Mill, Le Newchurch, Aug. 15. Debts paid by Riley. -Roberts, Nayler, L and Boukley, S. limestone and lime masters. har Head, near Walsall, July 14-Stokes, J. and Yang, & je naptha manufacturers, Mill-wall, Poplar, Aug. 23, 195 paid by Stokes-Sumners, W. A. Day, C. A. and Bali W. engineers and general dealers, Northam, Southarp's May 31. Debts paid by Summers and Day-Sama, A and Priestley, L. and J. cotton-warp makers and general yara merchants, Huddersfield, as regards L. Priestley, Ang Debts paid by Sussmann and J. Priestley.—Curs, EAndrew, J. ironmongers, Stockport, Aug. 25. Destspal Sykes-Taylor, S. and Lawton, R. J. surveyors valuers, und agents, Manchester, Aug. 9. Debts paid by Lawton.—Wak J. and Sendall, H. grocers, drapers, and general shopkespers Uckfield, June 29,

W

To Readers and Correspondents.

in attendance.

portion of the defendant's case, it was inadmissible, and the

course taken by the justices improper,

"C." (Liverpool.) — We gave place to the Query, and therefore cannot, simply because it has not elicited an answer, repeat it. "N. M. S." (Tewkesbury) reached us too late for insertion this week.

"LEXICON" (Stourbridge.)-If our correspondent will refer below, he will find a standing rule that no notice is taken of "AN ORIGINAL SUBSCRIBER" (Rothwell.)-We hope to find space for the letter next week.

anonymous communications.

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 5s. Remittances

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

EARLY CLOSING.

So it is said that in defiance of the bran new law for putting down bribery, there are to be petitions against almost all the recent returns on the ground of Bribery! It was but as we prophesied of that emasculated measure, although we scarcely expected that its impotence would be proved so soon. Honourable members knew what they were about when they struck out the clause requiring their own solemn declaration that they had not paid, and would not pay, more than the expenses allowed by the Election Auditor, and published in his accounts.

ther notice.

THE LAW TIMES.

SATURDAY, SEPTEMBER 9, 1854.

THE LAW AND THE LAWYERS.

Friday, September 8. THERE is always a mania during the recess. The newspapers must find something to talk about, and they will make a topic, if there is no great public question whereupon to expend their virtuous indignation. This season the case of Lieut. PERRY has been the dispensation. It offered the double advantage of something to abuse and somebody to support-gratifying two classes of readers, and exactly hitting JOHN BULL in his weakest points; for it will be observed that the British public must always be supplied with an object to adore and an object to hate, arising, perhaps, from the not uncommon tendency to set off one extravagance by another on the contrary side. Our readers have, doubtless, followed this case with a good deal of amusement; for to them the proceedings of a Court Martial must appear most ridiculous. Imagine an examination in which every question is put and answered in writing-its tediousness, its inefficiency! It must very much resemble the farce which used to be played upon a Chancery Commission, with interrogatories; and who of our readers, resident in the provinces, does not remember the grave absurdity of that process, where a week was occupied in doing ill what might have been well done in six hours by a vivá voce examination. The extraordinary contempt for all the rules of evidence, reasonable as well as technical, displayed by the tribunal at Windsor, which, nevertheless, was an advantageous specimen of its class, must have amazed the Lawyers, with whom the primary rules of Evidence form a part of their very mode of thought. A Lawyer will no more dream of accepting hearsay as evidence than of calling a term of years a fee-simple. The Courts Martial will have done good service if they serve only to indoctrinate the public mind with something like a perception of "what is evidence"-in which it is strangely defective, insomuch that even educated men are continually found to be adducing as evidence of an asserted fact that which a suckling Law Student in the first month of his reading knows to be no evidence at all. But we hope that something better will come out of the persecution of Lieut. PERRY a reform in Courts Martial. We have heard military men declare them to be the best, because the fairest tribunals in the world. Probably they have soldierly sympathies, which commend them to a soldier's regards; but certainly they are very ill calculated for the discovery of truth and the promotion of justice. It may possibly be forgotten now, but it is due to Mr. WARREN, Q. C., to remind the Profession that some two or three years ago he took VOL. XXIII.-No. 597.

The brevity of the new Common Law Procedure Act has doubtless astonished all our readers. Considering the many subjects with which it deals, it is quite a marvel of legislation. Its language is singularly clear, simple, and condifficulties of construction. With such a model, there will be no excuse for verbosity in future statutes. Compare this with the Registration of Bills of Sale Act and the Bribery Act, and its virtue of brevity will be at once apparent. Nor is it less remarkable for its large grasp of reforms. It embraces arbitration, evidence, judgment and execution, appeal, discovery, mandamus, injunction, equitable defences, equitable jurisdiction, sittings of the courts, and trials. It introduces many entire novelties, such as the power given to the Courts to compel an arbitration; the power to deliver written interrogatories to the opposite party, equivalent to a bill of discovery; the examination of a judgment-debtor as to the debts due to him, and the power to recover them from his debtors; the entire of the equitable jurisdiction, by which, where an action is brought for invasion of a right, as of a copyright for instance, the Court may grant an injunction against future invasions. The only one of these upon which we entertain any doubt is that for the examination of a judgment-debtor as to debts due to him. Is this intended to apply to judgments given by way of security upon warrants of attorney? If so, and the language of the Act is general, it appears to be a very dangerous power for the holder of such a judgment to possess; for he might greatly inconvenience, if not totally ruin, his creditor at any moment. It should have been limited to execution, and have been made a part of the process of recovery when the judgment is put in force, and then only after failure of other effects to satisfy, the more especially as it might be no less inconvenient to the debtors of the judgment-debtors; for the statute empowers the Court or a Judge to issue an attachment against them to compel payment instantera proceeding that might have most serious consequences to persons who may be perfectly willing, but yet unable, to meet a sudden demand for a debt upon which they had calculated upon obtaining the usual credit and indulgence.

The pressure of professional matter of inmediate urgency prevented us from giving a full report of the speeches at the anniversary dinner of that excellent institution, the United Law Clerks' Society. We therefore take advantage of the comparative lull of the vacation again to direct the attention of the Profession to its strong claims upon their support. The society is founded for the purpose of providing a benefit fund for Law Clerks during sickness and infirmity. How it is appreciated by themselves, is shown by the fact that during the last year the Clerks had contributed to it no less than 1100l. It is now in the twenty-second year of its existence, and numbers upwards of 500 members. But even this is a small proportion of the entire body; and we should be better pleased if thrice that number were enrolled. It was remarked by the Chairman that only one death had occurred during the year, and that this fact spoke loudly in favour of those who belonged to the profession of the Law, and showed that they were men of temperate habits; but we fear this praise is too general. It shows that the 500 members of the society are

what was asserted; but we should be better satisfied with it, if those who have not yet joined it would give the best proof that they are entitled to the same encomium. But the society does not keep its charity at home. Besides making provision for its own members, it extends relief to distressed Law Clerks who are not members, after full inquiry into the validity of the claim. The society is now contemplating the formation of a Law Library for the use of the members-a very desirable object, the want of which has long been felt, and the endeavour to supply it by their own resources argues a zeal for their employment and a taste for reading and study which is highly creditable to the body, and of itself would entitle them to all the addition by way of donation to their funds which the Profession can afford. 400l. was subscribed in the room to aid the fund of the society. But there were hundreds not present who will be glad to help them, and we trust that this notice may remind them that contributions will still be welcome. Lord Justice TURNER, who was present, returning thanks for the toast of "The Bench, the Bar, and the Profession," made some excellent remarks on that "union among all the Lawyers" which we have endeavoured so anxiously to promote. He said "he thought the toast a very good one, combining, as it did, the whole Profession. He believed that, so long as the Profession remained united, it would be difficult to make any impression unfavourable to its continuance or prosperity. They would all remember the old fable of the bundle of sticks; how easy it was to break them singly, and how impossible it was found to do so when bound together. This old fable should teach the Profession a great lesson. When united together for objects important and right in themselves, they could not be assailed successfully; but, when disunited, they were unable to protect themselves from injury. Union for a just and righteous cause was meritorious. Disunion among those who were aiming at a just and proper object only excited our pity and contempt." No stronger argument than this of Lord Justice TURNER could be preferred for the formation of the Law Club which we have suggested. It would be a point for union of the Lawyers. Might we look to his Lordship for support of that scheme?

The question "What is a traveller?" is likely to produce the same diversity of judicial opinion as the famous one "What is a crime ?" It has been raised by the new Beer Act, which forbids the sale during certain hours on Sundays except to bona fide travellers. In every case it is in the breast of the Justices to determine what persons shall be held to be such; and they will probably construe the clause with more or less strictness, as their own leanings are for or against the statute. A visitor at Hampstead from London has been held to be a traveller; so has a drover in Smithfield, who has driven cattle from the country, although himself resident in London. But a traveller is properly a person who is on his road from one place to another, and who stops by the way, or, as the French phrase it, en route, for refreshment. The distance to which he is going is not an element in the question, provided he be bonâ fide on his road for the purpose of travel, and not for the mere purpose of going to get a glass of beer, &c. This is the common-sense interpretation of the term, and, being a law in limitation of the liberty of the subject, it is to be construed liberally, and any doubt given in favour of the defendant. Great differences of opinion prevail as to the propriety of the new law. It produces some inconveniences certainly, but it possesses some advantages; it must be remembered that intoxicating liquors are not the only kind of refreshments. Tea and coffee will serve the same purpose, and they are not prohibited. coffee-house ought to satisfy all hunger and thirst after ten o'clock on Sunday nights. Doubtless we shall have some amusing questions. and decisions growing out of the new statute: Mr. THOMPSON'S Notes upon it a fortnight ago. will be very useful to our readers, who may chance to be engaged in informations or defences.

A

One of the most remarkable facts connected with the County Courts is the paucity of cases beyond the jurisdiction, tried by consent of parties, under sect. 17 of 13 & 14 Vict. c. 61. In 1853 only thirty-four of such plaints were entered, and but twenty-three tried. We have been asked by a high authority if we can suggest an explanation of so unlooked-for a result. We believe the causes to be two. First, the consent of both parties is required, and the fact that it is proposed by either almost insures its rejection

by the other, who supposes that his adversary has some advantages to gain by it. This is the objection to requiring the consent of both parties to dispensing with a jury, instead of empowering either party to demand a jury. Secondly, the non-allowance of professional remuneration in the County Courts is, of course, an insuperable obstacle to business of this class being taken there. The Attorneys cannot conduct such cases without reasonable reward. This the law does not give, and clients are, of course unwilling to pay their own costs, although they win. This is the simple explanation which we offer of a fact that has surprised some of our noble and learned Legislators in the House of Lords. The obvious cure is to give reasonable professional remuneration in the County Courts.

BRIBERY AND TREATING. THE New Bribery Act would be an important one, if its operation were not limited to one year. But, as a general election during that period is an improbable event, its practical operation will be limited to the few accidental elections that may take place in the interval: so that neither will its merits be tried nor its defects discovered, and the Lawyers will scarcely trouble themselves to master the provisions of a measure which is to die almost as soon as they could learn them.

In such circumstances, a very brief sketch of the new statute will suffice to give to the Profession, generally, all the information they are likely to require during the few months of life that are allowed to it.

In the first place, it repeals the entire preexisting law relating to Bribery and Treating. It then proceeds to define Bribery, in a definition that will defeat itself by its absurd elaboration; and then it makes the direct or indirect offer, promise, gift, or the procuring to be given, of a bribe, a misdemeanor, with a penalty of 1007.; and the taking or contracting to take a bribe is also a misdemeanor, with a penalty of 101.

Treating is defined also, and any candidate guilty of it incurs a penalty of 50%., and any voter treated avoids his vote. Observe, that treating by the candidate is alone prohibited, so that it will be lawful for the friends of the candidate to treat. Note also, that the vote of a treated elector is avoided, however given, so that if B. be treated by C. (a candidate), and afterwards votes for D., another candidate, his vote is lost to D., who did not treat him. Possibly both of these defects in the Act will furnish useful hints for the conduct of future elections.

For the first time there is an attempt to prohibit undue influence, and an endeavour is made to define it, which utterly fails, because it can take shapes that no definition could possibly anticipate; and the offence is made a misdemeanor, with a penalty of 50%. It may be safely predicted that this provision will be an entire failure.

Then follows the most effective measure yet devised for the prevention of bribery. Any person convicted of taking a bribe, of treating, or of undue influence, is to be appropriately punished by disfranchisement, and his name is to be placed in a separate list, to be called "the list of persons disqualified, &c."

The next provision is also unexceptionable. A penalty of 21. is imposed upon any candidate for giving any cockade, riband, or mark of distinction. And all payments for chairing and for ribands, &c. are to be deemed illegal.

The penalties for bribery, treating, and undue influence, are to be recoverable only in the Superior Courts, and indictments under the Act are not to be tried at Quarter Sessions. In prosecutions, defendants are to be entitled to costs if acquitted, and actions and prosecutions are to be brought within one year.

The material improvement effected is in the reduction of the penalties. Heavy penalties defeat their own object. Parties will not prosecute, and juries will not convict. The penalty of 107. for taking a bribe is one for which there will be no compunction to sue. It will just suffice to be held in terrorem over traitors. It is, however, a defect that this penalty is not recoverable in the County Courts. The costs of an action in the Superior Courts will be greater than the penalty recovered. Penalties for illegal payments and defaults are recoverable in the County Courts. Why should not those for bribery and treating

be so?

Such being now the law of bribery and treating, let us see by what machinery it is to be enforced.

In the month of August in each year, the re

turning officer of every county is to appoint an Auditor of Election Expenses, whose appointment is to be publicly notified, and he is to make a declaration faithfully to perform his duty. Within a month after the election, all persons having claims upon the candidate must send them in to the candidate or his agent, who within two months after receipt must send them to the Election Auditor; with a statement if they are correct or not. No payment is to be made of any bill, charge, claim, or money, by any candidate, or by his authority, except through the Election Auditor, under a penalty of 10l. and double the amount of the payment. The candidate is, however, graciously permitted to pay his own personal expenses, and the costs of advertisements, but of these also, he is to render a true account to the auditor. No refreshment, or money, or ticket to obtain it, is to be given to any voter on the day of nomination or day of polling, under a penalty of 21. for each offence.

No money is to be paid for any expenses of an election, save as above, without the authority of the Election Auditor; and all money paid by the candidate or his agents, appointed in writing before the day of nomination, are to be fully and truly stated to the Election Auditor, who is to make out an account of the expenses, and publish a full abstract thereof in some newspaper of the county or borough.

Before the nomination, each candidate is to give to the Election Auditor, in writing, the names of his agents, who alone shall have authority to expend money, or incur expenses in his name or on his behalf, rendering to the auditor an account of all payments made by them.

For these duties the Election Auditor is to be entitled to a fee of 10%. from each candidate, and a commission of 21. per cent. on the sums paid. A change important to our readers is indirectly, and probably unintentionally, made by the repeal of the 7 and 8 Geo. 4, c. 37, which made all persons employed in an election incompetent to vote. This Act repealed, and the new Act being silent on the subject, their disability ceases, and employment will be no objection to the vote.

Such is the new law, which is to have the ridiculous trial of a twelvemonth. It will at once occur to our experienced readers in how many shapes it is open to evasion. Sagacious Mr. CoPPOCK has pointed out some of them in a letter to the Times, and it may be useful to know them. Direct bribery, he truly states, will be made more difficult, but certainly not impracticable; indeed, we can find nothing in the Act that facilitates its detection, or that makes the committing of it more dangerous. As for treating, it is positively legalised, for it may be done by anybody but the candidate. Refreshments to voters are prohibited on the days of nomination and polling; but they may be given to the voter on any other days, and to his wife or family on those days. Chairing, flags, and bands are declared to be illegal, but there is no penalty.

A curious oversight has been committed. An election must, acccording to the standing order, be questioned within fourteen days after the meeting of Parliament. But the auditor is not to receive the accounts until three months after the election, so that in many cases the time for petitioning will be past!

Mr. COPPOCK truly remarks, that the notification, by the candidate, of his agent or agents authorised to expend money on his behalf, "is the most cunning device to shield the candidate, and cover corruption, ever propounded."

The truth is that the Bill was purposely rendered nugatory. There was no real desire on the part of the House of Commons to put a stop to bribery. The whole proceeding was a sham. The only effective clause-that which required a declaration from the candidate was deliberately struck out. This was the test of honest intent in our law-makers; and when it was applied, it failed.

TAXATION OF BILLS. In former papers we have shown that the first step to improvement in the existing form of Professional Remuneration is the abolition of the indignity of Taxation as between Attorney and Client. We term it an indignity, because the charges of no other Profession are liable to the same supervision. Every other bill is subject only to the ordinary checks of public opinion, of self-interest, of reputation, and ultimately of a jury; and these suffice to keep them within the bounds of fairness and moderation. But a Solicitor is not supposed to be open to these influences; and he, forsooth, is placed at the mercy of his client, I

who may bring his bill before an officer who can know very little indeed of the actual amount of skill and labour which have been bestowed upon the business charged by him, to be hacked and hewn according to his caprice. Why should not a jury be the protector of the public against extravagant charges of Lawyers as well as of Doctors?

It would not be difficult to show that the clients are greatly losers by the present practice of taxation. Their liability to this process makes it incumbent upon a Solicitor to make out his bill so that it may pass the ordeal without serious loss. He knows that it is impossible for him to predicate precisely what items the Master will allow and what he will expunge, and moreover that, although the Master may strike out some items which he considers wrongly inserted, he will not substitute for them other items which might lawfully have been charged, but which are omitted. As a consequence, the Solicitor is obliged to make out his bill as fully as possible, and bill-making is the most difficult and delicate part of an Attorney's business. He is almost compelled to charge as much, instead of as little, as he can, and the law designed to protect the client thus operates in many cases against him; for we believe, and we speak from much experience, that an Attorney making out a bill in his own fashion, without having to calculate what charges may be allowed or disallowed on taxation, would in nine cases out of ten make a lesser total amount of charge than under the present system. It is not the fear of taxation that regulates an Attorney's charges-it is the fear of losing his client, if he is exorbitant. That no necessity exists for the process is proved by the fact that not one bill out of five hundred is taxed. Surely

it is not worth while to continue the entire of the existing system of professional charges, with all its inconveniences to the Attorney and vexations to the client, for the sake of clipping a few items from one bill in five hundred, especially as the law has provided the same check against overcharges in an Attorney's bill as in all other bills -an appeal to a jury. Surely the few bills now taxed might be left to be disputed before that tribunal, in preference to maintaining a machinery which stands in the way of a much desired improvement in the form of an Attorney's charges.

The permission given to the Taxing-masters by the recent statute to estimate the skill and labour employed in any matter, without exclusive reference to the length of documents, is of no prac tical service; for it is impossible for the Master to form a fair judgment of these, and he must be guided in great measure by the amount of work that appears to have been done. There can be no substantial improvement in the mode of profes sional remuneration so long as taxation is continued. The abolition of that indignity is the first indispensable step to reform. This accomplished, the Attorney will find no difficulty in making charges in the form of fees, which might be regulated in some cases according to the amount of property involved, in others according to the difficulty and labour of the case. For our own part, we shall not suffer this question to sleep until the Attorneys are placed on precisely the same footing as all other Professions and relieved from the undeserved indignity of taxation, and until an Attorney's bill, which now fills fifty pages, is compressed into one page of letter-paper; and we crave the assistance of the Profession in an endeavour to obtain for them these onward steps in their social status.

THE LAW AS IT IS.

An entire change has been made in the practice of the law. The old law books are worthless, or worse-they mislead. The sooner the Lawyers sell nine-tenths of the contents of their libraries as waste paper the better for their brains and for their pockets: they can serve only to mystify the former; while the present high price of old paper will enable them to turn their ponderous tomes to more profitable account than may be possible hereafter. Happily for them, there is no necessity for sup plying the lacuna upon their shelves with any thing like an equal quantity of new law. The recent changes have at least had the good effect of contracting enormously the letter of the law. A few volumes of respectable bulk will now contain all that the practitioner needs to possess for the general conduct of his Profession; and the sale of his superseded library will almost suffice to buy the few books that must supersede them.