to describe one of several securities, the instrument omitted is alone void, and not the other assurances that are described; and that the

mere transfer of an annuity does not require Another case in the Law of Husband and Wife

inrolment.

SOLICITORS' JOURNAL.

Correspondence.__i
REMUNERATION OF SOLICITORS.-I notice with much

was Lancaster v. Carter, 23 L. T. Rep. 109, in would eventually Dofession and their clients. In 10 per cent. would be taken off another Masterno

which it was held that cesser of cohabitation is
not a valid consideration for an agreement to
pay a wife an allowance.
In O'Toole v. Browne, 23 L. T. Rep. 111, B., by
will dated Nov. 10, 1849, after specified legacies
of personalty, gave and bequeathed "all the rest,
&c. of his goods, chattels, estate, and effects, of
what kind and nature soever, to trustees, on
trust," &c. At the time of making the will he
had no real estate. Afterwards he acquired and
died possessed of realty. It was held that, under
sect. 24 of the Wills Act, the real estate passed
by the will to the trustees.

Two charity cases are reported, of some interest, but not requiring the attention of the busy practitioner, for whose use these summaries are prepared-that he may learn in a few minutes what new points of special interest to him, and with which he ought to be acquainted, have been decided in the most important branches

of practical law.

A similar

Could the

The adage, Quot homines," tot sententia, is there most faithfully verified. It is, I assure you, a moment of?! anxiety when waiting to learn to what Master fortune pleasure your efforts to effect a change in reference to refers your bill for taxation the result of the refers ence may make a difference of 10 or 20 per centos In a case where one Master, on a careful perusal of a solicitors charges. A sound reform in this respect serviceable as well as heavy bill, thought that on a strict taxation less than agreeable both to the ordinary cases, a solicitor and his client might very actually took off more than 30 per cent! I fear, howe well be left to themselves to adjust the remuneration ever, that such inequalities are inevitable, whilstan for the services of the former. I have no doubt that, bills for such various classes of business are referred to with regard to conveyances and mortgages, a recog- indiscriminately to the same Masters. To thoroughl nised scale, without being imperative, would ulti-appreciate a bill requires some practical knowledge mately be adopted; for instance, the payment might of business of the class to which it relates, and this be by a fixed fee of, say 5, and a small per-centage can scarcely be expected in all cases. This, however, on the consideration-money, with a procuration-fee is irrespective of the system of charging you depre where the sale or loan is negotiated by the solicitor. cate. To allow the charges in detail is bad; but in leases-in the latter cases applied to settlements and many cases the details of the business done furnish the per-centage being on the only means by which a stranger can arrive at a just rent. Indeed, this plan is adopted in charging for the conclusion as to the remuneration. building leases of one large estate, and gives satisfac-Taxing-Masters be allowed to assess the remune faction; and its general adoption would remove the ration in such cases in gross sums? I doubt it. temptations that at present exist to create delay and Of the evil tendencies I speak of, you may lear prolixity, and would lead to most wholesome reforms more of the Taxing-Master's clerks, who (under in conveyancing. At present the adoption of any recent regulations for the prevention of frauds by solici such plan is fraught with danger to the solicitor. I tors) examine, and check, and count the papers, as a have frequently, at the request of clients, arranged preliminary step to taxation. They will tell you their costs at a fixed sum, without making out a bill; terrible tales of dummies, of old copies with new backs taxation might be insisted on, even after the lapse of all margin, of or tricks with figures, and of many but my impression is that in all these cases a bill and of papers that have been mislaid, of abstracts nearly old abstracts copied and charged full twelve months from the time of payment. The price as new, In the case of the Attorney-General v. The laudable practice you have of charging for the other tricks that degrade the Profession. I should p Mayor, &c. of Rochester, 25 L. 1. Rep. 104, Lord collection of debts by a per-centage is open to the shrink from referring to then, but that by exposing Justice Turner thus usefully stated the principles same objection; indeed, the rule as to delivery of bills abuses I would aid in inducing a sound reform on which the Courts act in administering chari-is at times most oppressive. In a case within my In connection with this subject allow me to call ties. We advise the reader to note it in the margin own knowledge, a solicitor had managed a trust your attention to a distinction which I think should of Mr. Francis's "Law of Charities." He said: involving great responsibility; his bills (unsigned) and at Common Law, of taxing costs as between soli estate requiring much of his personal attention, and be abolished. I mean the distinction, both in Chancery ) Undoubtedly, if an instrument be doubtful in its had been delivered half-yearly, and charged in his citor or attorney and client, and as between party and terms, it is to be interpreted by contemporaneous half-yearly accounts. Owing to a change of trustees, party. Why should not a successful party be allowed usage; and if there has been a long usage in the the business was transferred to solicitors residing in a all costs properly incurred? 3-1 A SOLICITOR application of funds to purposes which may be distant part of the kingdom, and they most unhand-dating 461 30 bus tui 101 gratiam & sup warranted upon one construction of the instru- somely required and taxed bills that had been paid ment, but which may not be warranted upon another construction of the instrument, the court years before. But the worst feature of the present will lean to that construction of the instrument, the shifts to which, in many cases, a solicitor is comsystem of bill-making is its demoralising tendency provided it be doubtful, which will best correspond pelled to resort to make up a sum sufficiently remunerative are most discreditable. Take one instance (a fact): a captain in the army, having an opportunity of purchasing his majority, applied to the family solicitor to raise the necessary funds (say 20007.) on security of a reversionary interest in certain funds locked up in a Chancery suit-a security upon which no man would lend merely for investment. However, to serve his client, the solicitor himself advanced the money. Now the actual necessary costs of this transaction, as per bill, exclusive of stamp duty, would have been about as under: £ s. d, 068 2.5 0 0 15 0 1 10 0 0.6 8

with the mode in which the funds have been for so

long a period applied. But then that is the case where you have not the trust before you-or, at all events, where the trust, if it is before you, is doubt ful in its terms and interpretation; and if you find a clear trust expressed on a will, a deviation for no length of time from that trust can warrant this court, as I apprehend, in making a decree in contradiction to the trust which is expressly and clearly declared.

Answers to Queries.

PROPERTY OF MARRIED WOMEN.-I cannot agree with "H. F." and "R. S. C." in their answers to “J. E.'s" query. The wife's interest is in the nature of personalty, and may be effectually assigned by her husband, subject only to her equity to a settlement, and to her title by survivorship, in case of his death before the estate is sold and the proceeds divided. Her assignment, whether by deed acknowledged or otherwise, is quite inoperative (though Mr. Malins's Bill may soon change the law in this respect). I know of no case precisely in point; and I am not unaware of views being entertained by some conveyancers in conformity with those of your correspondents: but I think the principle is sufficiently clear, and Hobby v. Collins, 20 L, J. 199, Ch., is an authority in my favour. N. M. S.

PROFESSIONAL ETIQUETTE.-I cannot understand how any difference of opinion can possibly exist under the circumstances stated by "W." The general rule is, that purchasedeeds and securities are to be prepared by the solicitor of the party for whose benefit or security they are taken. In the case suggested the housekeeper's solicitor should unques. tionably prepare the transfer. N. M. S.

STAMP. I do not know that I may answer the query of "One, &c." as an able correspondent, but I humbly conceive that the instrument described by him would be liable to a 17. 15s. stamp, over and above the ad valorem duty payable on the mortgage, being, I think, analogous to the cases mentioned in Mr. Hughes's "Sales of Real Property," 2nd ed. vol. 2, p. 295, where it is laid down that, "when a deed contains several distinct matters, a distinct stamp will be required

'n respect of each."

J. C.

CHURCHYARDS.—In reply to "Senex," of the 29th April, I beg to say the only mode by which the Church of England clergy may, in small country towns, retain their fees for burials appears to be by annexing from time to time, as required, pieces of ground to the present churchyards, according to the provisions of the 56 Geo. 3, c. 141, s. 2; or by obtaining the conveyance of adjoining land to the Commissioners for Building New Churches, taking care to comply with the 9 Geo. 2, c. 36, as to execution and enrolment. In densely populated towns this, however, will not do; and in any case Government interference cannot be prevented. J. C.

PRACTICE-LEASE. In reply to "Z.," of the 6th instant, I have found it generally to be the practice, in the preparation of mining and other leases (in the absence of any express arrangement), for the solicitor to the lessor to prepare

the lease or counterpart, at the expense of the lessee.

J. C.

ECCLESIASTICAL COURTS.-A Bill, introduced by Mr. Robert Phillimore and Mr. Napier, is now before the House of Commons, which proposes to improve the mode of taking evidence in the Ecclesiastical Courts in England and Ireland, by giving the judges power to summon and examine witnesses virá voce.

Instructions for mortgage
Drawing same (fo. 45)

Copy
Engrossing

Attending completing..

Special attendances and correspondence,
letters, messengers, &c., say (very
liberal)

2 2 0
£7 5 4
Would this have been an adequate remuneration?
Certainly not-so to swell the amount, useless copies
of wills and orders in Chancery, and other documents,
were made for the mortgagee, at a cost of from 101
to 15. Now I venture to say that a fee or commis-
sion of 30% or 401. would not have been excessive, nor
would it have been objected to. I could mention a
dozen similar instances of the evil influence of this
bill-making system-they are of daily occurrence.
Indeed, so all pervading is it that, instead of con-
sidering solely and honestly what is necessary, a
solicitor is continually considering what he is entitled
to charge for; thus does the law by its unwholesome
assuming that, in cases where the ordinary relation of
interference tempt him to disregard his oath. But
solicitor and client exists, the parties might be left to
themselves to adjust the remuneration, there would
be much difficulty in adapting any fresh rule to
charges incurred by trustees, and payable out of the
funds of their cestuis que trust; so with mortgagee's
costs chargeable against the mortgaged estate, with
lessor and lessee, and the many other cases in which
the party paying the costs is not the one who employs
the solicitor. Take a case under various wills and
settlements, the trusts of which are much intermixed;
the duties and responsibilities of the trustees have
been most onerous. They have had to manage large
real estates and to get in money due on mortgages,
bonds, and otherwise, to a very large amount-to pay
debts, portions, and legacies. The trustees have
necessarily confided the business to their solicitors,
and in the course of several years have paid their
charges to the extent of several thousand pounds.
The trustees are satisfied with the charges; but some
of their numerous cestuis que trust are not. How would
you deal with this case? So far my remarks apply
more particularly to bills not usually subjected to
taxation. With regard to those expressly made out
for taxation, the inequalities and evil tendencies of the
present system are more striking; of its inequalities a
very little experience in Staple-inn will satisfy any man.

|

NOT A SOLICITOR.My attention has been called to a leading article in your journal of the 13th inst the circumstance of my having recently received the (ante, p. 65), in which you make some comments on honour of knighthood. It appears that you are under the impression that I am a solicitor a mistake which it is not surprising that you have fallen info, since my elder brother, Mr. Thomas Bignold, is now solicitor in this city, and was until lately, when ba chiefly retired from business, the solicitor to the Nor wich Union offices, and his son, Mr. Edward Samuel Bignold, now acts as such, in conjunction with Mr. Edward Field, under the firm of Field and Bignol My pursuit all through my life has been as conductor of the affairs of the Norwich Union offices, to which

I am secret and I never waltor, Ope

word as to the

so graciously

by the Queen. I received that mark of royal fayour on the occasion of presenting to her Majesty a loyal address from the corporation of this city-a body standing, in point of antiquity, I believe, next to the corporation of London. It was the spontaneous act of her Majesty, not known to me by any previous communication, and is regarded by the corporation of which I am the head as a most distinguished mark of royal favour to her Majesty's loyal city Norwich.

fruten telt od SAMUEL BIGNOLD, DEFECTS IN THE COURT OF CHANCERT.About a month ago you were pleased to notice, in courteo terms, some exceptions which I made, to your desig nation "a fast court," as applied to the reformed tribunal of Equity. The signature annexed to my communication was that which I now adopt. You stated also that any specification of abuses or defects which seem to demand remedy and reformation would meet with all attention. Both my letters have been addressed rather suggestively than other wise; and if you should think to dilate in your own sages as may seem apt) on the purified procedure clear and forcible style (with reference to such pa of Chancery, you would serve additionally a cause which owes much to your pen. The retention of the Masters was a signal blunder, or, if not, an intertional bounty to the "Profession" at the cost the public." Then, as regards ** Chambers, system is, in reality, that of reference" to nomine. The judge ought to try the cause whet comes into his court. For the sake of justice and sense, pray denounce the vile jargon of "accounts taken, and inquiries made," "carrying decree," (y are they not enforced?) "liberty to apply," "just allowance," "surcharge and falsify," equity"-phrases so notoriously vague and indefi as to admit of adaptation to the frame and temper or mere caprice of any judicial, magisterial, or clericol mind to which they may be propounded. Thus it is that "equity reports" yield no instruction, and co tain no learning. They fix no maxims of juris dence; they only exhibit the discrepancies of judicial wisdom. All is seen dim and confused through mist of equivocal terms and shallow conceits, while English law becomes a wider as it is an ever-chang quick sand. The American judges and authors ha denounced our unmeaning gabble, and discarded it Jonathan deputes jurists to the business of law reform; John is content with "practitioners."—A BARRISTER

Law and

M88 276]

755077

THE LAW TIMES.

COUNTY COURTS, 102

bing mood bad

Summary.

198

e to be trans

It

than

on Points of Practice.

Queries Co. C. yesterday a case of inter-03

EXECUTIONS. At our

pleader was decided The circumstances were these:-Atu

the April Co. C. a plaintiff obtained judgment with imme-
morning the defendant sold and delivered his furniture to
dinte execution, which latter was proved to have been
delivered to the bailiff on the same day. On the following (
the claimant, who had no knowledge of the judgment or
execution. The learned judge expressed himself satisfied
but decided in analogy to the writ of fieri facias, which binds
that there had been an actual bona fide sale to the claimant.
the goods of a defendant from the delivery to the sheriff, that
by the bailiff. By the Statute
the defendant's goods were bound by the Co. C. execution
from the time it was 40, s. 16, it is enacted, "that no writ of
scire facias, or other writ of execution, shall bind the property
of the goods of the party against whom such writ of executo
tion is sued forth, but from the time that such writ shall be
executed.' It is submitted that this section does not apply w
delivered to the sheriff undersheriff, or coroners, to be
to executions from the Co. C., which are to be executed by
y of your read the sheriff, undersheriff,
the officers of that court, and
upon the point, which must have frequently arisen since the
Co. Courts were constituted? 39 9lfr/WILLIAM BUBB

of Frauds, 29 Car.

or Can of readers refer to decisions

LONDON COMMISSIONERS TO ADMINISTER OATHS IN CHANCERY Further Regulations. In consequence of the great number of gentlemen already appointed London Commissioners to administer oaths inTHE question how the twenty miles is to be Chancery, the Lord, Chancellor, will not make any measured by which the jurisdictions are limited, further appointments at present, unless, in addition to has been at length brought under the considera the certificates now required, the applicant produces tion of the Courts, but it has not been positively one digated by two householders, stating the necessity decided we have only an intimation of the opifor an additional appointment, and a statement of the nions, of Jervis, CJ, and Maule, J. that the disnumber of commissioners within a quarter of a mile tance ought to be measured in a straight line. of lithe applicant, and that he himself carries on his In Election Law it has been decided, we believe, 11that the distance was to be measured by the nearest business upwards of a mile from Lincoln's-inn-hall. sgh By order giorggeroad (Stokes v. Grissell, 33 L. T. Rep. 114.) In er of the Lord Chancellor, fid aida baa (Signed)oidw WC SPRING RICE the same case an affidavit that plaintiff does not May 6p 18544T eso le ni Principal Secretary n believe that defendant carries on business; that COUNTRY COMMISSIONERS TO ADMINISTER OATHS IN CHANCERY. Further Regulations. The applicant plaintiff does not know of any business of defenmust be a practising solicitor of ten years! standings dant; that he has made inquiries and learned he will be required to leave with the usual certificate that, though defendant had carried on business, bent by two barristers a memorial, signed by some he has ceased to do so was held to be sufficient, of the public functionaries and professional persons in in the absence of an affidavit by defendant that the town where he resides, that he is a fit and proper he does carry on business. It is also gathered person for the office of a Commissioner, and that an from Harries. Hands, 23 L. T. Rep. 116, that additional one is required to administer oaths in the the jurisdiction in replevin extends only to cases particular town or district. ad not noitalurgaz 190 where rent is in arrear, or for damage feasant, By order of the Lord Chancellor.animex (and not in case of a distress for tithe-rentcharge. Joy 19 Signed) noW.C. SPRING RICK In Insolvency the Court has refused to allow 61854291900 blo to Principal Secretarying the debts in a protection-schedule vier aloneda to binomSSION. A return has ferred to the schedule filed under a subsequent The Courts will sit at Lincoln's-inn. THE STATUTE LAW COMMISSION. showed that in the present session 7 will be rebe re- prison-petition: (Re Holmes, 23 L. T. Rep. 116.54 od 101 nige Correspondence, do voy soitoang sidebul Site Equity Courts. to -9860 4quired for the commission, on the statute law. TRAS Exit 1900 ITS LAW 10.101 TRINITY TERM The list of arrearst form Trinity dead of asqo at Made eolgiori Lord Chancellor's Court. Te has been exhibited at the offices of the Commons THE INSOLVENCY COURT AND La Courts! There is an increase of business, and the Whitington has recommended that there should be an Thursday ..May 25 Appeal motions and appeals englashops of the Superior Courts,oias Lord appeal to the Lords Justices in insolvency cases. Campbell termed them are getting on. The arrears certainly is an anomaly that an appeal should exist in of the three courts number 142: 30In the QB. there is bankruptcy, and not in insolvency. But the general one new trial rule for judgement, and 29 for argument, result of the appeals in bankruptcy has given rise to including the famous one Lumley Gye. In the so much dissatisfaction, as to render it expendient to special paper, demurrer list, and County Court appeals, consider whether some other Court of Appeal that there are 5 matters for judgment and 25 for argument, that of the Lords Justices cannot be found. and of enlarged rules there are 10.In the Court of C. Prihere are only 17 rules 8 enlarged rules, 8 new COUNTY COURT FEES.-I observed in your publitrial rules and 4 matters standing for judgment. Only cation for Saturday last a letter signed N.," con2 démarrers are entered in the Exch. there are 55 trasting the amount of costs in a recent case in the rules on the lists, 2 on the peremptory paper, 2 on the Court of Exchequer (where a defendant allowed judgped paper for judgment and on the new trial listment to go by default on a debt of 31. 3s. 6d.) with 5 for judgment and 42 for argument, Trinity Term the costs of recovering the same debt in the Co. C., is the last term before the long vacation. There is and endeavouring to show that in the latter court the very Fittle business in the CD P. compared with the expense would have been less than one-sixth of other two courts, and a question has been raised in the amount paid in the Superior Court; also disthe wofession, whether the law business should not puting the accuracy of the statement made by Lord be divided between the three courts in a somewhat Brougham in the House of Lords on the subject of sima manner to the rule adopted in the Court of Ch. Co. C. fees. N. appears to me to have entirely toloubno es ned end stil yn dod te sien misunderstood his Lordship (whose remarks were applicable to court fees, and not to costs); and if his doidw of 290 Lordship's statements, founded on representations made to him, were at all incorrect, it might have been well Monday........ 29 Ditto A of 28 650 for "N." (but perhaps he is a Co. C. clerk), instead Tuesday 30 Ditto of giving one solitary fact only, to have gone a little Wednesday... 31 Ditto Thursday June 1 Appeal motions and appeals further in elucidating the subject, so that a fair and Friday ........ 2 Petitions in lunacy and bankruptcy, and arrived at. The appeal petitions not duet of Saturday..... 3 Appeals case given by him is a very trivial one, a the Monday.....5 Ditto viterogen costs in 31. 33. 6d. In petty cases of 21. or 31. the c Co. C. seem to be the fittest and cheapest tribunal; but I much Superior Court may appear high, and question whether even in some of those cases the Superior Court might not (as Lord Campbell observed) tent, the candidate may be examined conditionally whether the result might not be much more satisfaite. but the articles must be left within the first seven daystory. I have lately had occasion, in two instances, of term, and answers up to that time. If part of the to sue in the Superior Courts for debts of 317. and 194, 108, respectively, and in each case was specially term has been served with a Barrister, Special Pleader, directed not to proceed in the Co. C. I obtained or London Agent, answers to the questions must be obtained from them, as to the time served with each judgment by default in each case. In the former the respectively. A paper of questions will be delivered costs of obtaining the judgment were 41.; in the latter to each candidate, containing questions to be answered 31. 28. (no more than in the trial case named by "N."); in writing, classed under the several heads of 1. Pre- the debts, together with such costs, were paid to me, liminary 2. Common and Statute Law, and Practice without the necessity of enforcing them by execution, and I handed over to my clients the full amount of of the Courts. Conveyancing. 4. Equity, and Practice of the Courts. 5. Bankruptcy, and Practice their claims, without deducting therefrom one shilling for costs. The court fees paid, in each case, were about 15s,-leaving 34, 5s. in the former, and 27. 78. of the Courts. before Justices of the Peace. Each candidate is rein the latter, for the costs of attorney and agent. quired to answer all the Preliminary Questions (No.1); Had the proceedings been taken in the Co. C., the court fees would have been, in each case, as follows, and also to answer in three of the other heads of inquiry, viz. :-Common Law, Conveyancing, and Equity.cz. The examiners will continue the practice of proposing questions in Bankruptcy and in Criminal Law and Proceedings before Justices of the Peace, in order that candidates who may have given their attention to those subjects may have the advantage of answering such questions, and having the correctness of their answers in those departments taken into consideration in summing up the merit of their general examination. Under the new rulesof Hilary Term, 1853, it is provided that every person who shall have given notice of examination and admission, and "who shall not have attended to be examined, or not have passed the examination, or not have been admitted, may, within one week after the end of the term for which such notices were given, renew the notices for examination or admission for the then next ensuing term, and so from time to time as he shall think proper; but shall not be admitted until the last day of the term, unless otherwise ordered.-Legal Observer.

north Court of Appeal in Chancery.
Friday
Thursday.. May 25 Appeal motions

Saturday

Tuesday
Wednesday
Thursday

Friday

26 Petitions in lunacy and bankruptcy, and
appeal petitions
27 Appeals 01 &
ca. 17 data

6 Ditto

7 Ditto

nault at wal pur

9 Petitions in lunacy and bankruptcy, and Get appeal petitions

8 Appeal motions and appeals

Monday ...... 12 Ditto
Saturday.... 10 Appeals
Tuesday
Wednesday 14 Ditto

Thursday

13 Ditto

15 Appeal motions NOTICE. The days on which the Lords Justices shall be Rolls Court. engaged in the Full Court are excepted. Friday ........ 26 Pleas, demurrers, causes, claims, further directions, and exceptions Thursday.. May 25 Motions Saturday ...... 27 Petitions in general paper 29 Pleas, demurrers, causes, claims, further directions, and exceptions Monday.......: Tuesday........ 30 Ditto Thursday..June Motions

Wednesday 6. Criminal Law, and Proceedings

Friday

Saturday

31 Ditto

2 Pleas, demurrers, causes, claims, further directions, and exceptions

3 Ditto

Monday.... May 5 Ditto

Tuesday

£3 11.8

or nearly five times the amount of those in the Supe-
rior Court. The costs, too, would have been more in
each case (by 11. and upwards), as the allowance to
the attorney of his 17. 10s. and 15s. would have been
added. Within the last week I have had three debts
placed in my hands to recover for a client, with in-
structions to proceed in the Superior Court, and not
in the Co. C.; but I find that in one only of such
cases the Superior Courts have concurrent jurisdic-
tion, and that in the other two my client has no alter-
native, but must proceed (if at all) in the Co. C. This
is a hardship upon him, as he has the greatest objection
opinion, the boasted popularity of the Co. Courts is on
(and not without reason) to the Co. C. In my humble
the wane. Assimilate the fees and costs, as near as
may be, and we should then discover in what direction
G.
the pigeon would fly.

Wednesday

6 Ditto

7 Ditto

Thursday...... 8 Motions
Friday

9 Pleas, demurrers, causes, claims, further directions, and exceptions

10 Ditto

12 Ditto

13 Ditto

14 Petitions in general paper Thursday ...... 15 Motions N.B.-Short causes, short claims, consent causes, unopposed petitions, and claims, every Saturday. The unopposed petitions to be taken first.

Consent petitions must be presented and copies left with the secretary, on or before the Thursday preceding the

Saturday on which it is intended they should be heard.

V. C. Kindersley's Court. Thursday.. May 25 Motions and causes Friday 26 Petitions, unopposed first ...... 27 Short causes, short claims, and general Saturday paper

.

Third Session

Fourth Session
Byeday

..

Monday, May 29
Tuesday, June 6
Wednesday, June 14
Friday, June 23
Monday, July 3

Caveat days, Thursday, Aug. 3; Thursday, Sept. 7; Thursday, Oct. 5.

First Session
Second Session

Third Session

Fourth Session
Byeday

First Session

Wednesday, May 31
Thursday, June 8
Friday, June 16

Tuesday, June 27
Wednesday, July 5

any part of the law relating to them.

LAW PAMPHLETS.

which he never rallied. The late Mr. Baldwin held the office of law adviser to the Castle during the

State trials of 1848-9.

JUDGING A JUDGE.-A letter from Marion, Arkanhad been absent for several weeks, aiding, as is genesas, says: Our county judge, W. P. Farmer, who rally believed, Morgan, the murderer of Appel, to escape from justice, returned last Friday, and this morning, with brazen-facedness unparalleled, came to hold our Probate court. In the mean time our citizens assembled and requested the judge to resign, which he absolutely refused to do. They then informed him that he could not hold the court, and a meeting of the citizens was immediately called at the a committee to draw up resolutions expressive of the sense of the meeting, who reported the following, which were unanimously adopted: Whereas, in the opinion of this meeting, W. P. Farmer, the present incumbent of the office of judge of the County Court, and ex-officio judge of the Court of Probate of this county, has disgraced himself as a man and a citizen, and rendered himself contemptible as a judge, by aiding a notorious murderer to escape from justice, therefore it is resolved that a decent respect for the opinions of the citizens of this county demands that the said Farmer resign his office of judge; and also, that if W. P. Farmer refuses to comply with this generally expressed wish of the people, but still insists upon holding the office of which he is the present incumbent, he shall, under no circumstances, be allowed to exercise the duties of his office in this county.'"

WE have before us a heap of pamphlets on legal
topics, on inspecting which, the first reflection
that occurs to the mind is, who bears the cost of
printing them? The publishers are scarcely in-court-house, which, after being organised, appointed
sane enough to do so; can the desire of appear-
ing in print tempt the authors thus to throw
away their money? As for readers, where are
they looked for, either by author or publisher?
Who reads a pamphlet nowadays? Nobody.
Nor is there much chance of attaining even that
honour next most coveted by authors-being
reviewed; for reviewers, as we know to our dis-
comfort, are overwhelmed with these "paper

Extra Court days, Friday, Aug. 4; Friday, Sept. 8; Friday, pellets of the brain," as some wit called them; in

Oct. 6.

somuch that, if we were to bestow but twenty lines on each, we should be compelled entirely to throw aside everything pretending to be a book. In PROMOTIONS, APPOINTMENTS, this dilemma, we cannot do more than name these

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.]
CHANCELLORSHIP OF RIPON.-Mr. Headlam, M.P.,
has been appointed Chancellor of the diocese of Ripon,
rendered vacant by the death of his father, the

Venerable Archdeacon Headlam.

pamphlets and their subjects, as an acknowledgment of the courtesy of the authors in sending them, and express our regret at the waste of so much ink, paper, and printing-with advice, which will not be taken, to those whose pens move them, not to throw away money in publishing pamphlets, which, whatever their merits may be, nobody reads. Mr. W. D. BRUCE has very ably described the present state of the Ecclesiastical Courts of Record, and made some proposals for their complete reformation, which M.P.'s would do well to study, if they can think of anything -Mr. WOODFORDE FFOOKS has treated but war. "an obstacle to of the Law of Partnership, as social progress." He advocates limited liability, and has put together with considerable skill the arguments in its favour. But he might as well call the Law of Debtor and Creditor an obstacle; for would not speculation and enterprise be still more encouraged, if individuals were to be permitted to speculate for profits without liability SOUTHAMPTON.-Edgar Atheling Drummond, Esq., to pay their losses? Mr. Ffooks's arguments are to be Deputy-Lieu tenant.

The Right Hon. Sir John Jervis, Knt., Lord Chief Justice of Her Majesty's Court of Common Pleas at Westminster, has appointed Robert Frederick Welchman, of Southam, in the county of Warwick, gentleman, to be one of the Perpetual Commissioners for taking the acknowledgements of deeds to be executed by married women, under the Act passed for the abolition of fines and recoveries, and for the substitution of more simple modes of assurance, in and for the County of Warwick.

The Lord Chancellor has appointed the following gentleman to be a Commissioner to administer oaths in the High Court of Chancery:-Henry Berry, Verulam-buildings, Gray's-inn.

COMMISSIONS SIGNED BY LORD-LIEUTENANTS.

A SCENE IN COURT.-The English Fast-day was observed at Quebec and Montreal, and collections were made in the churches and chapels for the scene " in the soldiers' families. There was a Superior Court at Montreal. The court met, as the day was not a legal holiday: a discussion arose between the Bar and the Bench respecting an adjournment. One of the judges, Mr. Justice Mondelet, apparently a thoroughgoing peace man, excited the indignation of all by his outrageous language in opposing an adjournment. He vehemently declared that the military and seamen were a parcel of murderers, deliberately going out to cut each other's throats"; he did not care which party got their throats cut; he would not adjourn to pray for such people. Mr. Bedwell, a barrister, said he certainly soldiers who had gone out to fight the just battles of was very much surprised to hear this,-the gallant their country denounced as robbers and murderers! then much more were their officers and leaders murderers-the British Parliament and Ministers also; nay, the Queen herself, who declared war, was a murderess; and, if so, to pray for their success was blasphemy. Mr. Justice Mondelet-" So they are; so it is! Groans and hisses greeted these excla

equally good for this startling conclusion."A
Bencher of the Middle Temple" (name not stated)
has issued an Appeal to the Legislature, on the
questions of law disposed of in the famous Bridg-mations. All the bar consented to the adjournment;
water Will case. He protests against the doctrine and, the other judges not sympathising with Justice
that considerations of public policy should be ad- Mondelet, the court broke up for the day.
mitted in the decision of questions of pure law.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.
DENTON.-On the 17th inst., at Tanyrogof, near Abergele,
Denbighshire, the wife of H. R. Denton, Esq, barrister-
at-law, of a son.

GREEN. On the 19th inst., at 29, Mornington-crescent, the
wife of Thomas Green, Esq., barrister-at-law, of a
daughter.
MARRIAGES.

NOTICES OF NEW LAW BOOKS. The Law of Turnpike-roads, &c. By GEORGE C. OKE, Author of the "Magisterial Synopsis," &c. London: Butterworths. -Mr. HERBERT BROOM has printed his IntroducEIGHTEEN years have elapsed since the publica-tory Lecture on the Study of the Law, delivered at the tion of a work on the Law of Turnpikes; it canInner Temple. It contains some useful hints, and not, therefore, be said of Mr. OKE'S volume, as no man is better qualified than Mr. Broom to be a of so many other law books-that it is hopelessly teacher of the law. Mr. WATKIN WILLIAMS, seeking a place already occupied. Practically, of the Inner Temple, has instituted a short ExMr. OKE has taken possession of an unclaimed amination of the Law of Church-rates, showing, territory, and he has turned it to good account, as he asserts, that the parish is under no legal and we hope will find it yield to him, as he well obligation to repair the church-Indefatigable BERRY-TILLMAN.-On the 24th inst., at St. Pancras church, deserves, a profitable harvest. Mr. G. WINGROVE COOKE, who has usefully devoted himself to the study of agricultural topics, has issued some Suggestions for an Annual Return of Agricultural Statistics. But the topic is not precisely within our province.--Mr. D. ROBARTON BLAINE, Barrister-at-Law, has published, professedly "for the use of artists, sculptors, a little treatise engravers, printsellers, &c." on the Laws of Artistic Copyright and their Defects. Although especially designed for artists, it will be useful to the Lawyers, for the law is very conveniently arranged and clearly stated. Old Law Reformer" inquires Where shall the New Law Courts be built? and, in twenty-three pages of argument and figures, he contends for Lincoln'sinn-fields.-Mr. H. B. THOMSON has treated of the Laws of War affecting Commerce and Shipping. and so successfully, that a second edition has been called for, in which we see the subject has been considerably extended. This also is addressed to the classes directly interested in the questions of which it treats; but it will have an interest for many of our readers. Mr. Thomson has done his work extremely well, for he states his points so clearly, that his meaning can never be misunderstood.

But wherefore, amid the eager grasping of law writers at all subjects, useful and useless, that offered a chance of the smallest sale, was so large a theme as turnpikes so long neglected? Manifestly because no person was competent to undertake it. A Barrister could know little or nothing of the practice of a law which is limited almost entirely to justices' courts, and few of the Attorneys take to legal authorship, because, if they are masters of their Profession, they can employ their time more profitably; and if they are not so, they are incompetent to write a law-book. It was the accident of an intelligent man, who is not an Attorney, occupying the position of manager to the clerks to the magistrates in an extensive division, and fulfilling, in fact, all the duties of that important and responsible office, and devoting all his time and thoughts to the subject, that has supplied the vacuum in the law library; for the peculiar knowledge possessed by Mr. OKE was essential to the production of such a volume as that which the practitioner wanted. And it is all that could be required. It gathers together all the statutes now in force relating to turnpikes; it treats lucidly of the office and duties of trustees, of the union of trusts, of the purchase of lands by them, and their property in the roads; of the mortgagees and creditors; of the making and diverting roads; of repairs, rates, tolls, letting of gates, liabilities and exemptions; of the relationship of railways to turnpikes; and of the offences against the turnpike laws, and their

LEGAL INTELLIGENCE.

"An

Mr. Baldwin, the Commissioner of the Irish Insolvency Court, expired at one o'clock on Wednesday from the effects of an attack of apoplexy, with which he was seized the previous day, and from

William Berry, Esq., of Southampton - buildings, and
Lampton-lodge, Isleworth, solicitor, to Jane, eldest sur-
viving daughter of William Tillman, Esq., H. M. C.,
London.
FRENCH-WILLINGHAM.-On the 24th inst., at St. Mary's,
Whitechapel, James French, Esq., of Salisbury-square,
and Shepperton-cottages, Islington, to Martha Mary Wil-
lingham, only daughter of the late George Willingham,
Esq., of Park-road, Regent's-park, and Worthing, Sussex,
solicitor.
JUKES-THOMPSON,-On the 29th of December, 1853, at St.
Peter's church, Collingwood, Victoria, Alfred Meredith
Jukes, Esq., solicitor, of Melbourne, eldest son of the late
Alfred Jukes, Esq., surgeon, Birmingham, to Margaret
Strathen, niece of Mrs. A. D. Thomson, of Grosvenor-
street, Grosvenor-square, and Belvedere, Tunbridge-wells.
PEARSON ROBERTS.-On the 16th inst., at the parish church
of Newland, Gloucestershire, Justly Pearson, Esq., of
Coleford, to Blanche, youngest daughter of William
Roberts, Esq., of the same place.

DEATHS.
REYNOLDS-On the 19th inst., at No. 5, Upper Wimpole
street, aged 79, Henry Revell Reynolds, Esq., late Chief
Commissioner of the Court for the Relief of Insolvent
Debtors.

THE CAZETTES.

Bankrupts.

Gazette, May 23.

BEST. JOSEPH, jun. scrivener, Kidderminster, June 6 and 22, at
ten, Birmingham. Off. as. Bittleston. Sols. Roberts,
So ith-square, Gray's-inn; and Reece, Birmingham. Peti-
tion, May 1.
BOND, RICHARD. builder, Brighton, June 2 and July 8, at
eleven, Basinghall-street. Off. as. Whitmore. Sols. Bar-
row and Clarke, Bloomsbury-square. Petition, May 10.
BURR ROBERT, bootmaker, Gosport, Hampshire. June 1, at
half-past one, July 6, at one, Basinghall-street. Off. as.
Johnson. Sol. Burr, Paternoster-row. Petition, May 18.

R. Wilcoxon, Monument-yard, and F. G. Harding, Fore- OFFICE FURNITURE.-The largest Stock

street, Cripplegate, plate glass manufacturers. Sols. Devonshire and Wallinger, Old Jewry.-Winks, H. upholsterer, North-place, Gray's-inn-road, May 8. Trusts. H. and J. Dove, drapers, Newgate-street. Sols. Mardon and Prichard, Christchurch-chambers, Newgate-street.

Midhurst. - Nason, T. jun. late fishmonger and poulterer, ALLEN'S ILLUSTRATED CATALOGUE

New Windsor, June 7, at ten, Windsor.-Price, J. late beer retailer, Heath, Old Swinford, May 22, at ten, Stourbridge.Quarmby, W. journeyman mason, Ecclesall Bierlow, Sheffield, June 1, at twelve, Sheffield.-Richards, J. builder, carpenter, and undertaker, Portsea, June 6, at eleven, Portsmouth.Wallett, W. F. equestrian clown, Theatre Royal Hotel, Manchester, June 14, at ten, Leeds-Wilcockson, J. beershop keeper, Hasland, June 14, at eleven, Chesterfield.

Abbott, T. corn, coal, and hay dealer, Watlington, June 8. CARPETS, CABINET FURNITURE, and

at ten, Reading.-Cox, G. hotel waiter, Plymouth, May 31, at eleven, East Stonehouse.-Dodson, W. sen. late butcher and cattle dealer, Toxteth-park, Liverpool, May 29, at ten, Liverpool-Farrar, T. late bookkeeper and salesman, Halifax, June 9, at ten, Halifax.-Hooper, J. grocer, &c. Kelvedoncommon, Doddinghurst, June 9, at eleven, Brentwood.— Martin, F. boatman, innkeeper, grocer, coal dealer, &c. Sleaford, June 13, at eleven, Sleaford.-Robinson, R. tailor and draper, Skirlaugh, May 31, at eleven, Hedon.-Swallow, J. (widow), dealer in furniture and paper hangings, Lincoln, June 6, at twelve, Lincoln.-Taylor, W. silk manufacturer, Macclesfield, May 25, at eleven, Macclesfield.-Wear, G. C dealer in soap, Great Grimsby, June 15, at twelve, Great