that it could have no application there. The returning officer in Ireland is forbidden to make a double return, and ordered to give a casting vote if the votes should otherwise be equal. The penalties imposed by sect. 45 are identical with those imposed by sect. 43, and include "sitting in Parliament." Sect. 46 has nothing to do with the disqualifying provisions of sects. 43 and 45; it substitutes a judge's report for that of the select committee in cases where the candidate has been guilty of any corrupt practice other than personal bribery, for which alone he is punishable under sect. 43. For other corrupt practices he remains liable under the 17 & 18 Vict. c. 102, s. 36. Lincoln's-inn, Dec. 14th 1868. V. H. B. DOUBLE RETURNS.-When there is a double return, the votes for two candidates being equal, and no petition is presented, the House of Commons orders the issue of a new writ of election as regards the seat alone, in respect of which a double return is made. This was done when Gen. Palmer and Lord Brecknock (the late Marquis of Camden) were returned for the city of Bath on an equality of votes, when Lord John Thynne had a clear majority of votes. At the new election Lord Brecknock obtained a majority against Gen. Palmer. THE PETITIONS. The following is a correct list of election petitions against members for boroughs under the new Corrupt Practices at Elections Act, with the names of the principal petitioners and respondents. The judges selected to try the petitions have not fixed any time for commencing this duty, but it is anticipated that the petitions will be set down for hearing soon after Christmas: Borough. Ashton - under Lyne Mellor. Sturge and others Glass. Hind and others Sir H. Edwards & Jones. Kennard. Potter & another Hornby & Fielden. Adams and others Hon. E.F.L.Gower Malcolm &Collins. Storey & another Forster. Walton & others Smith. Lucas.. Gwyn. Westropp and Kinglake and Vananother.. derbyl. Lloyd and another Torrens & Fowler. Gardner Samuelson. Popham & another Burke. Boosy Eaton and Hill. Niblett and others Price and Monk. Elkins and others Onslow. Gray and another Jackson. Hon. Mr. Cal thorpe & another Brassey. Sutton & another North. Thomas & others Wyllie and Clive. Hurst Aldridge. Dickens and an Manchester. New Windsor Northallerton.. Johns. Eykyn. Hutton. Sir H. Stracey. Oldham Cobbett & others. Hibbert. Penryn& Falmouth Broad and others. Fowler & Eastwick Pembroke... Hughes.. Toulmin Meyrick. Hermon & Hesketh Judge Hardy. Anderson & others Cawley & Charley. Ryder Hamilton. Young Figgins. Ogden and others Sidebotham. Hallam & others Tipping. ....... his behalf, appointing a person entitled to practise as an attorney or agent in case of election petitions to act as his agent in case there should be a petition against him, or stating that he intends to act for himself, and in either case giving an address, within three miles of the General Post Office, at which notices may be left; and in default of such writing being left a week after service of the petition notices and proceedings may be given and served respectively by sticking up the same at the master's office." THE PROCEDURE IN ELECTION PETITIONS. cially likely to be made for the services of a favourite counsel, whose superior abilities have made him Attorney or Solicitor-General, and the appearance of a member of the Government in election petition cases would be open to strong objections. The Scotch Lord-Advocate generally, as now in the case of Mr. Moncreiff, is charged with some supervision of Scotch elections for the party. It would be difficult to draw a line between lawyers in Parliament holding and not holding official positions, and it would seem right that the old Parlia mentary practice should continue, and that a barrister who sits in the House of Commons should not take briefs in efection petition causes.-PallMall Gazette. COURTS. Mr. Justice Willes attended at chambers yesterday morning to hear summonses for the delivery of particulars in election petitions, where bribery, SAYINGS AND DOINGS OF THE corruption, and intimidation had been charged in general terms. His Lordship desired it to be understood that under the 44th rule an error had been made in taking a summons before Baron Cleasby, who was not one of the judges on the rota. THE SALFORD PETITION.-Mr. Lanyon (instructed by Messrs. Reed, Phelps, and Sidgwick) appeared upon the summons in this case, and contended that if the particulars were given at once, the witnesses would be spirited away, and the whole object of the Act defeated. Mr. Lumley Smith (instructed by Mr. Tahourdin) appeared for the sitting members, and argued that it was absolutely necessary to have the particulars of the general allegations, in order that the sitting members might be in a position to meet the charges made. His Lordship said he should not decide anything before consulting the other judges, but he felt disposed to say that particulars should be given six days before the trial, but not to exclude evidence subsequently discovered. THE WESTMINSTER PETITION.-Mr. Lanyon appeared for the petitioner in this case. Mr. Ford (Rogerson and Ford) said he had in his summons asked for particulars so far as they were now known to the petitioners, and that upon any additional cases coming to the knowledge of the petitioners, the sitting member's advisers might have twenty-four hours' notice of them. He produced an affidavit made by Mr. W. H. Smith, M.P., stating in the most explicit manner that he was wholly unaware of any corrupt practices, and did not believe in their existence. The like affidavit was made by Mr. Ford himself. He commented upon the difficulty in which the sitting member was placed, in the absence of particulars, seeing that 7648 electors voted for Mr. Smith out of a constituency of 18,839. His Lordship said: I think it is so important that orders made under this Act should be precedents, and that parties in other petitions should not have the trouble of coming here upon the chance of one judge doing what another will not, that before given any decision I shall consult the other judges. But I may say that I consider the affidavit made by the sitting member and Mr. Ford in the Westminster petition very important. Mr. Lumley Smith, in the Salford case, then applied for leave to put in a similar affidavit from the sitting members, and such permission was granted. ELECTION PETITIONS. - Up to Wednesday the number of election petitions on the files of the Court of Common Pleas was fifty-nine, of which fifty-eight relate to boroughs, including cities. The list for counties will no tbe completed for several days. Since the notice appeared in the Times on Monday, four additional petitions have been lodged. Haley and others Ripley. There is a second petition against the return for Hill and another Sir R. Peel and Sir the City of London:-Way v. Goschen. The others H. Lytton. The same ............ Gladstone.. The total number of petitions is fifty-four, and they affect forty-eight constituencies, there being six cases in which there are two petitions. The list of petitions against the return of members for counties will not be completed for some days, as twenty-one days are allowed to petition after the return of the writ to the Clerk of the Crown. The rule No. 10 has been complied with by only a few members, probably from the new practice introduced under the Act not being known. The rule is as follows: are:- -Dover, Elliott v. Dickson; Southampton, Pegler v. Russell Gurney and Hoare; and Stafford, Chawner v. Mellor. The petition from Southampton is presented under the second paragraph of sect. 6 of the Parliamentary Elections Act, alleging payment of money after the election. A number of the members petitioned against have authorised agents to appear for them to transact business relating to the petitions with Mr. Edwin Cooke, of the rule office. If the 10th new rule was generally known it would be followed in nearly all cases. Until the list is completed the judges selected to try the petitions will not appoint the time when they are to be heard. MAY M.P.S PRACTISE IN ELECTION PETITIONS? The new system of trial of election petitions by the judges of the Superior Courts may raise a question for the consideration both of the Bar and of the House of Commons, whether barristers who are members of Parliament should take briefs in election petition cases. Barristers, members of the House of Commons, were precluded from appearing as counsel before election committees. A member of Parliament, having his political opinions and political side, should now, we think, be free from liability to be retained on an election petition on behalf of a political opponent. A run is espe [CONTRIBUTED BY THE REPORTERS OF THE SEVERAL COURTS.] V. C. MALINS' COURT. Several cases have occurred this week which are deserving of notice. First, the case of the Peruvian Railways Company came on tipon three motions, one to decide the question whether a Mr. Crawley was a contributory in the winding-up; another by the official liquidator, to determine whether he had paid for certain shares; and another upon the question whether a Mr. Robinson ought to be on the list. In all these cases the International Contract Company took a prominent part; it being agreed that that company should take the mass of the shares in the Peruvian Railways Company, and save harmless the persons who applied for shares as nominees, or trustees for them. Messrs. John and Edward Pickering, engineers and contractors, were interested in the two companies, Edward being the manager of the International Company, and in Mr. Robinson's case, giving a written indemnity to him, and John being interested in both companies. In both cases the application for shares was made at the request of the Pickerings, as nominees and trustees for the International Company, who supplied the money. Mr. Crawley had executed a transfer in blank; Mr. Robinson had applied personally for shares, and paid the money into the National Bank in this way: the International Company having paid the money to Robinson, he handed it to Mr. Carter, his partner, who paid it into his own private account at his bankers, and then gave his cheque to Robinson, who paid it for the shares as money to the National Bank. Nothing more took place. In the case of the payment of the shares by Mr. Crawley, it appeared that in the ledger the entry was made as a payment, whereas it turned out that the so-called payment was made in this manner: Cheques for 92,000l. and 114,000l. odd respectively were given by the International Company to the Peruvian who endorsed them and handed them back, and they were cancelled. In the minute-book this appeared not as a payment. His Honour was of opinion that in Crawley's case the blank transfer was sufficient to fix him, and he must be upon the list. In Robinson's case, although there was a mode of dealing giving a colour of bona fides, it was clear that he knew well that an allotment was made, and must be held liable to be on the list. As to the payment it could not be regarded as such, and Mr. Crawley. was thought still liable to pay. The next case was that of the Edinburgh Life Assurance Company v. Stanley, where the question was whether, there being already a receiver appointed in another cause, another could be substituted for him at the instance of a second mortgagee. His Honour in this case referring to the rule that a first mortgagee being entitled to take possession, and a second in the absence of that right being entitled to a receiver, said that as it appeared in this case that the present receiver was in London, and the one proposed lived at the spot, and would do the work for a less sum, there must be an order as asked by the applicants. The suits of Inchbald v. Robinson and Inchbald v. Barrington, which came on together for hearing, raised the important question whether an itinerant circus within 115 yards, or, in the former case, within 85 yards of a private dwelling-house, was a nuisance which a court of equity would restrain; or whether, supposing it was a nuisance, the plaintiff ought not to be left to his legal remedy? It appeared that in 1866 Sanger's circus occupied for a limited time a piece of open ground near Park-street, Croydon, belonging to the defendant in the first suit, who was a banker, and that the defendant in the second suit, who also was the proprietor of a similar public exhibition, hired the ground for the like purpose in Aug. 1867. The plaintiff, a resident in the immediate vicinity, at a distance of 85 yards from the proposed erection, which was composed of tent ticking, filed the first bill against the landowner, Mr. Robinson, and Mr. Barrington to restrain the erection of the circus, or any other erection or building, for equestrian performances, or any other noisy purposes, calculated to draw together disorderly persons, and to restrain the landowner from permitting Barrington or any other person to use the said piece of ground for equestrian performances, or any other noisy purpose. On the 7th Sept. an injunction in the above terms had been obtained. The matter had been carried on appeal to Lord Cairns, and his Lordship had directed in the first suit that the questions should stand over until the hearing, and in the second suit he discharged the order for an injunction. The Vice-Chancellor elaborately and ably reviewed the authorities and the evidence, and was of opinion that the matter was not res judicata, but that Lord Cairns had left him totally unfettered to decide as he thought best; and also that in all cases where the reason able enjoyment of an individual was materially interfered with, this court would interfere to protect him against an infringement of that enjoyment, that being a nuisance which this court would restrain. The evidence was sufficient to show that the plaintiff's enjoyment was materially interfered with, and that he was entitled to relief. It was not clear that Mr. Robinson ought to have been a party at all; and in both cases the injunction must be made perpetual with costs against Barrington. No decree against Robinson. The case of Gray v. Lewis, which raised questions of great importance, and in which an array of learned counsel were engaged, was opened on Tuesday evening, and was part heard on Wednesday. National Provincial of England-.A dividend at the rate of 8 per cent. per annum, and a bonus of 6 per cent for the half-year, being equal to 20 per cent. per annum. Oriental Commercial Bank (Limited).-A call of 81. per share (the whole of the uncalled capital) has been made, payable in two instalments of 41. each on the 7th Jan. and 7th April, 1869, at the offices of Messrs. Cooper, Brothers, and Co. ASSURANCE COMPANY. that on the 18th instant the Master of the Rolls Agricultural Cattle Insurance.-Notice is given intends to make a call on the contributories at the rate of 2501. per share of 201., and of 621. 10s. per share of 51. MISCELLANEOUS COMPANIES. African Steam Ship.-The usual 8s. per share dividend is declared for the half-year, together with a further 2s. bonus. Peninsular and Oriental Steam.-A dividend of 3 per cent. declared for the half-year. Tyne General Engineering.-Creditors are quired to send to the liquidators by the 21st inst. particulars of their claims. JURIES. Mr. DENMAN gave notice of his intention to ask whether the Government were prepared to bring in a Bill to carry out the report of the committee on juries, made last session. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. ABROAD-FINES AND RECOVERIES ACT 1833.— ACKNOWLEDGMENT OF MARRIED WOMEN An affidavit is not sufficient under the 85th section of the Fines and Recoveries Act 1833, unless it clearly states that the acknowledgment required by the 83rd section was made before two duly appointed commissioners, one of whom was not interested in the transaction for which AP a the acknowledgment was required: (Re Kay, 19 L. T. Rep. N. S. 356. C.P.) PRACTICE-FEME COVERTE-SEPARATE rePEARANCE-CONTEMPT OF COURT.-Where husband and wife living apart, were joined as defendants in a suit and appeared by one solicitor, and the wife, in spite of the endeavours of her husband, disobeyed an order made in the suit; it was held that a motion to commit both defendants for contempt must fail, but that an application ought to be made to effect the separate appearance of the wife: (Hope v. Hope, 19 L. T. Rep. N. S. 374. V.C. S.) JURIS HOUSE OF COMMONS. On the motion of Mr. AYRTON, it was resolved that the House at its rising should adjourn until Tuesday the 29th inst. THE GAME LAWS. Mr. HARDCASTLE gave notice that after the winter recess he should move for leave to bring in a Bill to amend the law relating to game and trespass. ELECTION PETITIONS. Mr. GOLDNEY gave notice that at an early date he should move for a return of all the election petitions and for copies of such petitions. GRAND JURIES IN IRELAND. Mr. P. DAWSON gave notice that on the re assembling of Parliament, he should ask the Secretary for Ireland whether the Government would introduce a Bill to revise the grand jury laws of Ireland, in accordance with the recomSat. Mon. Tues. Wed. Thur mendations on the Grand Juries Presentment Act 1868. 240 923 928 924 924 241 240 924 921 924 ... 92 92 92 THE RATEPAYING CLAUSES OF THE REFORM ACT. Mr. H. B. SHERIDAN gave notice that he should move on an early day after the adjournment, for leave to bring in a Bill to repeal certain provisions contained in the Representation of the People Act 1867, whereby the payment of the poor-rate is made a condition precedent to the right of voting for a member or members to serve in Parliament for England and Wales; and to enable "owners to pay the said rate, or to enter into any composition for the payment thereof, instead of occupiers. 102 102 102 1023 1023 1023 Parliament. Mr. WHALLEY gave notice of his intention to move a resolution that in the opinion of this House it is expedient to include in the financial arrangements of the Government the unconditional repeal of the income tax on trade profits and labour, and to make up deficiencies by an increase in the property tax. He also gave notice of his intention to introduce a Bill for the abolition of turnpike tolls. THE REGISTRATION OF VOTERS. Mr. V. HARCOURT gave notice of his intention to move for a committee to inquire into the exist ing laws with regard to the registration of voters for the election of members of Parliament. 1 TAXATION OF COSTS-LAY COMMISSION-FEES OF LEGAL ASSESSOR.--Upon taxation of costs a master refused to allow fees charged by a legal assessor to a lay commissioner, appointed to take evidence at Calcutta. The court, although recognising the complicated facts and legal difficulty of the case as matters for the master's attention in considering the propriety of these charges, refused to hold that there was any implied authority to retain legal assistance in the nomination of a lay commissioner, and discharged a rule to review the taxation: (Potter v. Rankin, 19 L. T. Rep. N. S. 383. C.P.) ABSENCE OF MATERIAL WITNESS - NEW TRIAL-MERITS.-The court will not grant a new trial on the ground of absence of a material witness, when the proceedings have been regular, and the litigant applying for the new trial does not clearly show merits: (Dunn v. Edwards, 19 L. T. Rep. N. S. 394. Bail.) TRIAL OF CAUSE PENDING SUMMONS TO AMEND PLEADINGS.-An action had been brought by N. against E., who, inter alia, pleaded an arrangement-deed, which, if good, would be a bar to a portion only of plaintiff's demand. There had been conversations respecting a settlement, but these had gone off, and the case stood for trial at Guildford Assizes. Plaintiff took out a summons to amend the pleadings, which was returnable by adjournment on a certain day. Upon that day the case, being in its order, was called on, and taken as undefended: Held that, under the circumstances, the defendant was entitled to a new trial upon terms, as he could hardly have supposed that the cause would be tried in his absence on the day the summons was to be heard: (Nevill v. Edwards, 19 L. T. Rep. N. S. 395. Bail.) SHAM ATTORNEYS' CLERKS IN THE If the privilege of attorneys to practise as advocates in the Court of Bankruptcy were strictly limited, the attorney regularly employed by one or other of the suitors, only would be entitled to be heard, but for the sake of convenience, the strictness of the rule has been so far relaxed, as to permit articled clerks, or clerks in the regular employ of attorneys engaged in cases, to be heard on matters of detail. We should hardly be disposed to find fault with this, if it did not admit to practice a class of persons who have no other qualification than the name of some attorney lent to them for the nonce. Their modus operandi is said to be this. Mr. Such-a-one, who has been in prison for being a smartish sort of fellow, takes upon himself debt, and released under the Bankruptcy Act, to utilise his experience by undertaking to obtain for other prisoners their release from custody, and To effect this, he arranges with Mr. Nobody, an to take them through the court for a fixed sum. attorney, that the latter shall have the fees for attesting the debtor's petition, in consideration of which Mr. Such-a-one is to assume to be his clerk for the occasion. That the result of such a proceeding is, in most cases, deplorable to the unhappy bankrupt, is almost needless to say. The commissioners do all they can to discourage such malpractices when brought under their notice, but many cases escape their observation, partly through the unwillingness of regular practitioners to raise objections. We think it no more than our duty to call the attention of the public to the facts above stated, and to call upon the many respectable attorneys practising in the Court of Bankruptcy to put aside any false delicacy they may have on the subject, and use their best endeavours to put an end to a system that cannot fail to bring discredit on their branch of practice. COURT OF QUEEN'S BENCH, GUILDHALL. The sittings at Nisi Prius began here before the Lord Chief Justice and another Judge of the court. The general cause list contains the names of 150 cases, of which 54 are remanets from last Term and 102 are new causes. There are 67 special jury cases and 89 common jury cases. Of the latter, however, a large portion are undefended, some are set down as such, and others will turn out to be so, as was the case with several to-day in both courts. Nearly 20 were disposed of, leaving about 140 to be tried. (Before COCKBURN, C. J. and a Common Jury.) There were ten causes in the list, of which four were marked as undefended, and more than one of the others turned out to be so. In two there were verdicts for the plaintiff, with scarcely any defence; in one there was a verdict by consent, one was withdrawn, one was made a remanet, and one was agreed to be determined on a special case. The cause list, therfore, was disposed of early in the day. COURT OF COMMON PLEAS. PULBROOK . THE GREAT WEST CORNWALL MINING COMPANY (LIMITED). Robinson, Serjt. and Eyre Lloyd were counsel for the plaintiff; and D. D. Keane, Q. C., Philbrick, and Holmes Poulter for the defendants. The plaintiff, a solicitor in Threadneedle-street, sued to recover a bill of costs from the defendants. By a judge's order it was directed that the only, question to be tried by the jury should be whether two sums of 1001. and 150l., which had been paid to the plaintiff, had been paid on account of the preliminary expenses and charges of the plaintiff up to the time of the allotment of the shares, or whether they had been paid generally and could be applied to the present demand, which was for professional services subsequent to the allotment of the shares. The plaintiff's case was that he had had considerable experience in the formation of companies like the defendants', and that his charge for preliminary expenses in an ordinary company was 1007., and that the present company was an amalgamation of four distinct mines, with four distinct titles, which required separate investigation, and that he had stipulated for 250 guineas for his preliminary expenses, and that the sums in question were paid on that account. The jury returned the verdict for the plaintiff ; the amount of his present bill is to be ascertained on taxation by the Master. CENTRAL CRIMINAL COURT. (Before the RECORDER.) Charge of Libel against an Attorney. The defendant addressed the jury, and then called some members of his family for the purpose of showing that down to the month of June 1867 the two families were on friendly terms, and that consequently the defendant was not actuated by any feeling of malice towards the prosecutor. Besley replied on the part of the prosecution, and he repeated that the only object of the prosecutor was to be protected from annoyances of the same description in future. The jury at first returned a verdict of guilty, but stated that they did not think there was any malice established against the defendant. Eventually, however, they gave an unqualified verdict of guilty. The defendant then expressed his regret for what he had done, and promised not to annoy the prosecutor in future, and he was then discharged upon his entering into his own recognisance to appear and receive judgment if he should be called upon to do so. HEIRS-AT-LAW AND NEXT OF KIN. HUGHES (James), 180, Drury-lane, Middlesex, stationer's clerk. Next of kin and heir-at-law to come in by Jan. 14, 189, at the chambers of V. C. S. Jan. 29, 1869, at twelve, at the said chambers; is appointed for hearing and adjudicating upon the claims. CREDITORS UNDER ESTATES IN CHANCERY. BELL (Thos.), Shaldon, Devonshire, a Lieutenant-Colonel in DAVIS (G. A.), 3, Plowden-buildings, Middle Temple, esq. at twelve. ELSE (Charles), Matlock, Derbyshire, yeoman. Jan. 9, 1869; at eleven. 1869; G. F. Fox, solicitor, 35, Corn-street, Bristol. Feb. 4, MORTLOCK (Simeon), Meldreth, Cambridgeshire, farmer and PYNE (Charles), White Horse-chambers, Fetter-lane, London, SHEARS (Maria), the Lawn, South Lambeth, Surrey, widow. CREDITORS UNDER 22 & 23 VICT. c. 35. BADGER (Hy), 157, Cheapside, London, straw hat manufac turers. Feb. 1, 169; Smith, Fawdon, and Son, solicitors, London. London. HALL (Anna Eliza, Saffron Walden, Essex, widow. Jan. 13, NEWETT (John), Tyr Mab Ellis, near Pont-y-Pridd, Glamor- Shields. PICKUP (James), Manchester, gentleman. Jan. 21, 1869; ROGERS (M. D., 216, East India-road, Poplar, Middlesex, TAYLOR (J. D.). 7, St. Anne's-lane London, plumber, glazier, and painter. Jan. 20, 1869. France and Scarborough. COOMBS (Eliza), Maidenhead, Berks, spinster. 251. Three We understand that the appeal against the decision of Giffard, V. C., in the memorable spiritualism case of Lyon v. Home has been abandoned. This THE LIBERTY OF THE SUBJECT IN JERSEY.The practice of arbitrary arrest in Jersey has been recently illustrated in the Times. An explanation of the law of arrest as applicable to alleged debtors in that island may be of interest, showing, there be summarily lodged in gaol. And, it is to as it does, upon what slight pretexts anyone can be added, the onus is entirely upon himself to procure his liberation. An alleged debtor may be arrested by either of two warrants, the ordre provisoire or the ordre de justice; but both, according to law, require the signature of the bailiff, the highest civil officer in the island. The main difference between the two warrants is one of subsequent procedure. The ordre provisoire is the cheaper and more accessible, and in regular course would be obtainable from the bailiff on payment of the fee of 1s., and replies to cursory inquiry. The ordre de justice is comparatively more costly and difficult. It must be got upon a writ, setting forth the facts of the case, or what purport so to be, but no evidence is required of the truth of the statements, and they are very rarely supported by an affidavit. course would, however, entail legal assistance and be in any case dearer than the other. If warrants of arrest are easily obtained under the law, the looseness of its administration gives additional facilities. The demand for the cheaper article, ordres provisoires, is very strong, and, for convenience, they are kept in stock ready signed. The bailiff subscribes his name to twenty or more blanks at a time and leaves them at the office, and any écrivain (a grade of lawyer requiring little preparation, and far below the rank and qualification of an English attorney) can, according to law, obtain one for a shilling and fill it up with the name of anyone he pleases. But this limit, again, may be passed. The sheriff, under-sheriff, or any of his officers, or any officer of the court, can, though contrary to law, obtain a ready-signed ordre provisoire, equally leaving blanks to be filled up. This is the regular every-day course of business; and it is unchecked by fear of action for false imprisonment, for which the law appears to make no provision. Nor would it avail anything. Civil causes are not tried before a jury, but before the jurats-a body of unpaid magistrates, who are judges both of law and of fact. The same body sit in the Legislature for life, and have considercognisant of the law of arrest, and cannot be able influence there. They are, of course, fully ignorant of the procedure. THE BENCH AND THE BAR. THE NEW LORD CHANCELLOR. The learned lawyer who takes his seat henceforthr upon the woolsack as Lord High Chancellor, and whom in a day or two we shall have to style Lord Hatherley, is the second son of the late Alderman Sir Matthew Wood, who sat for many years as M.P., for London in the Liberal interest, and who was one of the first persons on whom Her Majesty was pleased to confer a title after her accession to the throne, in acknowledgment of many obligations to the Alderman on the part of Royalty. We do not allude so much to the zeal he displayed in the cause of Queen Caroline as to the fact that it was he who, having acted as a trustee of the Duke of Kent's affairs, first suggested to his Royal High ness shortly before the birth of Her present coming over to England, in order that the possible Majesty the propriety of the Duke and Duchess future heir to the throne of England might be born upon British soil. The Lord Chancellor's mother was Maria, daughter of the late Mr. John Page, a surgeon and apothecary, of Woodbridge, Suffolk, the same gentleman to whom the poet Crabbe was originally articled or apprenticed. The title of Baron Hatherley, by which his lordship has chosen to be called to the Upper House, is taken by him from the village of that name in Gloucestershire, in which stood the residence of his father, Hatherley-house. It is not a little singular that the living of Hatherley is now in his Lordship's patronage in his official capacity. solicitors, 11, Charter-house-square, Aldersgate, London. N. M. Adler and Sir M, Montefiore. Lawson obtaining honours in the same mathematical tripos. The classical tripos was not instituted till the following year. He was called to the Bar at Lincoln's-inn in 1827, and, devoting himself to the Chancery side of Westminster-hall, soon gained a very fair share of professional practice. It was not, however, till after he had entered Parliament that his name became widely known to the public; and he must be set down as one of those to whom a career in the Commons proved a first step to the woolsack. He sat as M.P., for the city of Oxford, in the moderate Liberal interest, in the Parliament of 1847-52, and was re-chosen at the General Election of the latter year, on both occasions without the trouble of a contest. In 1849 he was appointed to the post of Vice-Chancellor of the County Palatine of Lancaster, and two years later succeeded Sir Alexander Cockburn in the Solicitor-Generalship, which he held until the retirement of his party from power in the February of the following year. His tenure of this office was but short, and it was marked by no event of importance or significance. We believe it is no secret in the profession that his appointment to the Solicitor-Generalship, was largely due to a speech he made in the House of Commons on the Ecclesiastical Titles Bill, upon which it is remarkable that he took the very opposite line to the present leader of the Cabinet in which he sits. He maintained with great learning, and with frequent reference to the Canon Law, that, notwithstanding the Roman Catholic Church was not an established body in England, still the act of the Pope in issuing his "Bull" for appointing bishops with territorial titles in England would largely affect the nature of the law of the Romish Church here, and that as the Court of Chancery, in its dealing with religious and charitable trusts, must recognise and enforce the law of every religous community, whether established or not, therefore this measure, if allowed to be legal, would practically work an alteration in the law of the land,. In fact, his argument came to this: that "establishment meant "recognition of the State," not "a positive connection with the State." This question, so raised by him nearly 20 years ago, may, as will readily be seen, have a direct bearing on the inpending controversy respecting the disestablish Hannen, Sir J. B. Karslake, &c., and the wives Lord Cairns distributed the prizes. Before doing so, he said that he hoped it would not be considered unfitting, as one of the original members of the committee of the Inns of Court Volun teers, and one who had taken an uniform interest in the prosperity of that corps, that he should appear before them for the purposes of the ceremony in which they were about to engage. At the same time he offered his sincere congratulations to the corps upon its continued efficiency. He recollected many years ago, when the corps was first established, it appeared to him that there was no danger to be apprehended as to its efficiency and character except in one respect. It appeared to him that the corps would have that which went beyond all other things to make a body efficient, and that was youth and vigour, with trained and practised intelligence. And in that respect none of them had reason to be disappointed. The name of the corps had stood for many years amongst the first of the volunteers of the kingdom. But, at the same time, he had felt that there was one danger to which a body of that kind was exposed, and it was that, in a numerical point of view, the constitution of the corps might be found, in the course of years, to diminish. There were various reasons for that. The Bar was more or less a changing body; young men came from the universities with a view to studying for the Bar, and in course of time their practice called them elsewhere; or, if they were practising in London, the stress of business became so great that they were no longer able to give to the corps that degree of leisure which it required. He was anxious to speak, not so much to those who were members of the Bar, as to those who were coming forward previous to being called to the Bar. It appeared to him that two most excellent objects would be accomplished by becoming a member of a corps of that kind. In the first place, in reference to the somewhat homely subject of exercise-he believed a man engaged in study for the Bar would find the necessary drill connected with a membership of that corps one of the best means of exercise within his reach. In that respect the Early in the year 1853 Sir William Page Wood was nominated one of the Vice-Chancellors by the much beyond that. It had always appeared to corps ought to recommend itself; but he went Administration of Lord Aberdeen, on their acceshim that it was much to be regretted in the interest sion to office, and he consequently retired from the of those who studied for the Bar, that they had representation of Oxford, his removal from St. not in London something of the nature of a legal Stephen's making a vacancy for the return of Mr. university, some central lodge to which the various Cardwell, who had failed to secure his re-election inns of courts might become affiliated. Unfortuat Liverpool. The duties of Vice-Chancellor Sirnately, they had nothing of the kind in London, W. Page Wood discharged until early in the present and the consequence was that those engaged in year, when he succeeded Lord Cairns as one of the study for the Bar, for the two or three years they Lords Justices of Appeal in Chancery, and at the were so engaged, were absolutely without any same time was sworn a member of Her Majesty's common bond of companionship with others Privy Council. It is no small tribute to his high engaged in the same pursuit. He recollected when personal and legal merits, that, although a Liberal he was a student in chambers, with the exception in politics, he should have been offered this high of those who were fellow pupils with him, he was appointment by the Conservative party, who had quite unacquainted with any of the number of no lack of available candidates on their own side gentlemen who were engaged as he was. Now a of the House; and a similar honour was paid to body of this kind would form the means of comhim by Lord Justice Selwyn, who, though nomin-panionship, for in becoming members of the corps ated to a Lord Justiceship a few weeks or months previously, gracefully waived his right of precedence in favour of his brother Justice, so much his ment of the Irish Church. senior. Neither as a member of Parliament nor as a member of the Bar did Sir William Page Wood ever rank very high as an orator; but it may be safely said that on the Judicial Bench few of his brethren have ever held a higher position. He has shown himself a sound and able lawyer, most honest and consicientious, and wonderfully industrious and painstaking, and his courtesy and kindness have won for him the respect and even affection of the Bar. He is known to the world at large as a man of high character and attainments, a sincere and attached Churchman, though tolerant in his religious opinions, and a zealous supporter of the leading societies of the Established Church. He is also the author of more than one work on religious subjects. His Lordship-who, although not actually heirpresumptive, is in remainder to the baronetcy of his great nephew, the present Sir Matthew Wood, of Ravenhall-place, Essex-married in 1830, Char: lotte, only daughter of Mr. Edward Moor, of Great Bealings, Suffolk.-Times. The corps INNS OF COURT RIFLE VOLUNTEERS. The annual distribution of prizes to the members of the corps took place on the afternoon of Monday last in Lincoln's-inn Hall. paraded at four p.m. in the garden of Lincoln'sinn, and then marched into the hall, at the top of which a platform was erected for the accommodation of the many distinguished visitors who were present to witness the ceremony. Amongst them were Lord Chief Justice Bovill, Sir William Erle (Ex-Lord Chief Justice of the Common Pleas), Lord Justice Selwyn, Vice-Chancellors Malins and Giffard, Justices Willes, Montague Smith, and they would become acquainted with many persons His Lordship then distributed the battalion and BATTALION PRIZES. Battalion Challenge Cup-Private G. P. Bidder, D Brewster Challenge Cup-Ensign Chatto, A Company. A Company-Private T. Cope. When the prizes had been distributed, a vote of thanks to Lord Cairns for presiding was proposed in complimentary terms by Sir William Erle, and suitably acknowledged by his lordship. Colonel Cuninghame, in the name of the corps, expressed their acknowledgments to the Benchers of Lincoln's-inn for kindly placing their hall at the disposal of the corps, not only for the occasion of the day's ceremony, but also for the purposes of afternoon drills. The colonel then called for three cheers for the Queen, and three more for Lord Cairns, all of which were given with the utmost heartiness. The band then played "God save the Queen," and the proceedings terminated. ASSIZE INTELLIGENCE. NORFOLK CIRCUIT. Leicester, Dec. 16.-Mr. Justice Byles opened the commission here, and proceeded to the trial 10 prisoners in the county, and 2 in the borough. of prisoners. The calendar contains the names of OXFORD CIRCUIT. Worcester, Dec. 15.-Baron Bramwell opened the commission here. The calendar contains the names of 10 prisoners, whose offences are comprised in 8 cases of an ordinary character.. There was no commitment from the city, and, according to custom, the Sheriff of the city (Mr. Barnett) presented the learned judge with a pair of white kid gloves, to commemorate the freedom of the city from crime. Sir R. P. Collier, the Attorney-General, and Sir Tuesday sworn in before the Lord Chancellor at J. D. Coleridge, the Solicitor-General, were on the House of Lords. The Lord Chancellor (Lord Hatherley) has made the following appointments: Principal Secretary, Gordon Whitbread, Esq.; Secretary of Presentations, Hon. E. P. Thesiger; Secretary of Commissions, Hon. H. G. Campbell; Gentleman of Chamber, Samuel Smith, Esq.; Purse-bearer, Wm. Goodbody, Esq.; Train-bearer, Mr. Elsey. THE NEW SOLICITOR-GENERAL. - Mr. Cole ridge, in his address to his constituents at Exeter, says :—“ I have taken office with great reluctance. Not that I am insensible to the honour of serving the Crown; still less that my allegiance to those Liberal principles which I have professed, and the great statesman whom I have followed is in the slightest degree abated. But I should much have preferred to remain a member of Parliament and of the Bar, distinguished only by being your representative. A man, however, has no right to indulge his private wishes if those whom he is bound to respect think he may be of use in the public service." Earl of Devon, late President of the Poor-law We understand that, before quitting office, the Board, appointed Mr. Henry Longley, barristerat-law, to be a Poor-law inspector, in the room of Mr. Edward Gulson, who had held the office since 1834, and who resigned in consequence of failing health, The appointment of law adviser at Dublin Castle is understood to have been conferred upon, or rather restored to, Mr. Heron, Q.C., who ably filled the office when the Liberal Ministry were last in power. The office of secretary to the Lord Chancellor has been given to Mr. Teeling, and secretary of bankrupts to Mr. Waters. THE NEW CROWN OFFICIALS IN SCOTLAND.Mr. Moncreiff, the new Lord Advocate, on Tuesday presented his commission in the First Division of the Court, and took the usual oath. The following have received their commissions as Advocates Depute:-Mr. Alex. Moncreiff, Mr. G. H. Thoms, Mr. J. A. Crichton, Mr. H. J. Moncreiff. The Advocate Depute for the Sheriff Court has not yet been appointed. It is said that Mr. Edgar Bowring, one of the members for Exeter, will be unable to take his seat in the House of Commons, on the ground that he is disqualified by his being the recipient of a pension from the Crown. The point is one of con siderable interest, and has occasioned some con troversy. That it has been raised, however, in the way it has, has naturally created some apprehension among Mr. Bowring's friends. On Tuesday the Lord Chief Justice, addressing the front row, said that he wished publicly to state that he had received a letter from Milan on a subject about which he knew nothing whatever, and from a person of whom he also knew nothing. His Lordship merely wished it to be known he had received such a letter. It was handed to our reporter, and was dated Milan, and signed Giuseppe. It was written in what by courtesy may be called English, but was totally unintelligible. THE NEW CABINET.-The new Cabinet consists of fifteen members, the oldest of whom is Lord Clarendon, who is 68; the Lord Chancellor, 67; Mr. Gladstone, 59; Mr. Bright and Lowe, each 57; Mr. Cardwell, 55; Mr. Bruce and Earl Granville, each 53; the Duke of Argyll and Mr. Chichester Fortescue, each 45; the Earl of Kimberley, 42; Earl de Grey and Mr. Childers, each 41; Mr. Goschen, 37; and the Marquis of Hartington, 35. The Lord Chancellor, Mr. Bright, Mr. Lowe, Mr. Bruce. Mr. C. Fortescue, Lord Kimberley, and Mr. Childers are respectively new to the duties of Cabinet Ministers. Of the fifteen members of the Cabinet, six will sit in the House of Lordsnamely, the Lord Chancellor, the Lord President, the Lord Privy Seal, and the Foreign, Colonial, and Indian Secretaries. Nine are commonersthe Premier, the Home and War Secretaries, the Chancellor of the Exchequer, the First Lord of the Admiralty, the Presidents of the Board of Trade and the Poor Law Board, the PostmasterGeneral, and the Chief Secretary for Ireland. The departments which in the late Government were represented by chiefs in the Commons, and are now in the Lords, are the Foreign and India offices. On the other hand, the Presidents of the Board of Trade and the Poor Law Board, and the Postmaster-General, who were then in the Lords, will now be in the Commons, should Lord Hartington be successful in finding a seat. MAGISTRATE AND PARISH LAWYER. NOTES OF NEW DECISIONS. LOCAL GOVERNMENT ACT 1858-WHERE IT MAY BE ADOPTED.-A parish which includes within it a corporate borough is a "greater place including within its limits a "lesser place," within the meaning of sect. 14 of 21 & 22 Vict. c. 98 (the Local Government Act 1858). The borough, therefore, cannot adopt the Act unless the parish has refused to do so, although the parish be itself included within the limits of the Parliamentary borough. A parish is a place "having a known or defined boundary," within is not such a place: (Re Borough and Parish of the meaning of sect. 12. A Parliamentary borough Lymington, 19 L. T. Rep. N. S. 352. Q. B.) POOR LAW ELECTION OF BOARD OF GUARDIANS-PERSONATION.-It is not an offence under sect. 3 of 14 & 15 Vict. c. 105, to personate a voter who is dead. B. was on the ratebook, and entitled to vote for the election of guardians, but he died before the election. C. then filled up the voting paper, and delivered it to the proper officer. He was held not thus to have personated "any person entitled to vote at such election:" (Whiteley v. Chappell, 19 L. T. Rep. N. S. 355. Q. B.) LARCENY.-The cashier of a bank has a general authority to part with his employer's money in payment of such cheques as he may think proper. Where, therefore, money has been obtained from a cashier at a bank by presenting Bath Borough. Bedford. Berwick-on-Tweed Birmingham Bolton Bury St. Edmunds a forged cheque, the offence is not larceny, but either false pretences or uttering a cheque knowing it to be forged : (Reg. v. Prince, 19 L. T. Rep. N. S. 364. Cr. Cas. Res.) RATING-POSTS IN THE BED OF A RIVER.The Corporation of Oxford are seised in fee of the bed of the river Isis, which is there navigable and a common highway. Posts were many years ago driven into the bed of the river for mooring barges, &c. The University Boat Club had a barge, and for the purposes of their club, moored to the posts by rings, which passed loosely and moveably round them, the barge being enabled thereby to rise and fall with the river. The club was held not to be liable to be assessed in respect of this mooring: (Grant ▼, 378. Q. B.) The Local Board of Oxford, 19 L. T. Rep. N. S. LAW WARRANTS-PLEADING.-To a return to an information in the nature of a quo warranto, the Crown may, by distinct replications, traverse several matters: (R. v. Diplock, 19 L. T. Rep. N. S. 380. Q. B.) SUMMONS-JUrisdiction of JUSTICES-HBARING.-If, on an application to justices for a summons for an indictable offence, they have heard and determined the application, and on the merits have declined to grant it, the court will not grant a mandamus to compel them to review 'their decision. But if they have refused to hear the application, or if, after hearing it, have refused to grant it from a mistaken view of their duty, amounting to a declining of jurisdiction, the court would grant it: (R. v. Fawcett and others, 19, L. T. Rep. N. S, 396. BOROUGH QUARTER SESSIONS. When holden. Friday, January 1 Monday, January 4 Friday, January 8 Monday, January 11 Thursday, January 7 Monday, January 11 Thursday, January 7 Friday, January 1 Tuesday, December 29 Thursday, December 31 Monday, January 4........ Monday, January 4...... Thursday, December 31 Friday, January 8 Monday, January 4....... Monday, December 28 Monday, January 4.......... Wednesday, Jannary 27 A. W. Beetham, Esq....... C. Saunders, Esq. G. Francis, Esq. N. Palmer, Esq. J. B. Maule, Esq., Q.C. J. H. Brewer, Esq.......... THE NEW LEGAL KNIGHTS.-Sir Richard Bag. gallay, on whom Her Majesty has conferred the honour of knighthood, not on being appointed to, but on resigning the post of Solicitor-General, has been known for many years as enjoying a most BAL MASQUES.-We are informed, on good respectable business as a Chancery barrister, and authority, that the police will not in future grant obtained silk as far back as the year 1861. He licences for the assemblage of a number of loose is the eldest son of Mr. Richard Baggallay, of King-people to attend what is called a masquerade. thorpe-house, Upper Tooting, Surrey (of which The neighbourhood of the Alhambra Palace was county he is himself a magistrate), and was born on Monday night in a complete uproar for several in 1816. He was educated at Caius College, Cam- hours owing to one of these balls having taken bridge, where he took his B.A. degree in 1839 as twelfth wrangler, and shortly afterwards obtained place there. We congratulate the police authoa Fellowship. Having taken his M.A. degree in rities on adopting such a wise resolution. 1842, he was called to the Bar at Lincoln's-inn in the following year. He was returned to Parliament for the city of Hereford in July 1865, in the Conservative interest, after a close contest, but lost his seat again at the late general election. He succeeded Sir John Karslake in the SolicitorGeneralship last year. He is married to a daughter of Mr. Henry C. Lacey, of Withdeane, Sussex. Sir Anthony Cleasby, one of the new judges appointed in consequence of the passing of the Bribery Act, is a gentleman who did considerable service to his party about nine months ago by contesting the University of Cambridge in what may be called the strong Tory interest, against the more modified and Liberal Conservatism of Mr. A. Beresford-Hope. He owns a property called St. Leger's, at Worlingham, near Croydon, Surrey, in which county he is in the commission of the peace. According to the County Families, he is the son of the late Mr. Stephen Cleasby, who died in 1844; he was born in 1804, and was educated at Eton and at Trinity College, Cambridge, where he took his Bachelor's degree in 1827 as third wrangler, and also as a First Class in Classics. He was called to the Bar at the Inner Temple in 1831, and was made a Queen's Counsel in 1861. He formerly went the Northern Circuit. He is married to a daughter of the late Mr. Walter Fawkes, of Farnley-hall, Yorkshire. Sir George Hayes, who has also received the honour of knighthood on his appointment as one of the new judges appointed under the Bribery Act, has long been one of the leaders of the Midland Circuit. He was called to the Bar at the Middle Temple in Jan. 1830, and in 1856 he was made a serjeant-at-law, to which a patent of precedence was added in 1860. THE CASE OF MADAME RACHEL.-Mr. W. H. Roberts has applied to Lord Chief Justice Cockburn to admit the prisoner to bail, and to fix the amount thereof, pending the arguments on the writ of error, which have been brought to test the right of Mr. Commissioner Kerr to sit as a judge for the trial of prisoners at the Central Criminal Court, and the validity of the commission under Lord Chief Justice, after hearing Mr. Roberts for which he claims to exercise jurisdiction. The the prisoner, and Mr. Lewis, sen., for the prosecution, fixed the bail-the prisoner in 1000l., and two sureties of 1000l. each or four sureties of 5001. each. THE POLICE AND THE CRIMINAL CLASSES.On Wednesday upwards of 100 delegates from the various metropolitan vestries and district boards met in the Court-house, Marylebone-lane, to consider the question of metropolitan police management, specially with reference to the increase of street robberies and the inadequate protection of life and property. Professor Marks took the chair and introduced Mr. Edward Hill, brother of the late recorder of Birmingham, who addressed the meeting on the existing police system and the suppression of crime. That system he held to combine the maximum of cost with the minimum of success, and this was in a great measure owing to the state of the law in regard to criminals. He then detailed the alterations which he thought necessary, after which Mr. Beal moved that a committee be appointed to draw up a memorial to the Home Secretary. The proposal was adopted, and the meeting was brought to a close. CONTROL OF CRIMINALS.-At a meeting of the standing committee of the Repression of Crime Section of the Social Science Association, held Statutory notice 8 days 10 days............... 14 days W. Smith. G. H. E. Rundle. S. G. Johnson. J. L. Cufaude. J.W. H. Richardson. C. Hughes. W. W. Hayward. J. Mayhew. at their rooms in the Adelphi, Sir Walter Crofton, C.B., in the chair, the following resolutions were passed with regard to the supervision of criminals and the repression of crime: "2. That it is a pressing necessity to give more completeness to our present practice of police supervision by the establishment of a central authority controlling, and a register recording, the movements of convicts on license." "2. With a view to the further repression of crime and the better protection of life and property, it is expedient that legislative power be obtained to establish a police supervision of habitual offenders; and that to this effect it is recommended that a law be enacted empowering magistrates to require any person who has been twice convicted of felony, and who either can be proved to be associating with thieves, or is unable to show that he is earning an honest living, to give bail as a security against his committing any new offence; and that, failing to give such bail, such person should be committed to prison." CIVIC ENTERTAINMENT TO THE LEGAL PROFESSION. On Monday evening Mr. R. N. Philipps, the Chairman of the Law and Parliamentary Committee of the Corporation, at the conclusion of his year of office, gave a banquet to the members of the Bar and others at the Freemasons' Tavern. The guests, about 120 in number, included the Lord Mayor, the sheriff's of London and Middlesex, Lord Denman, Lord Houghton, FieldMarshal Sir John Burgoyne, General Scott Waugh, the Recorder of London, Hon. G. Denman, M.P., Mr. Crawford, M.P., Mr. Bell, M.P., Mr. Baines, M.P., Colonel Akroyd, M.P., Mr. Brady, M.P., Mr. Hardcastle, M.P. Mr. Gilpin, M.P.. Mr. Reed, M.P., Mr. Norwood, M.P., Mr. M'Arthur, M.P., Mr. Meyrick, M.P., Mr. Cave. M.P., Mr. Stapleton, M.P., Mr. Plimsoll, M.P. Mr. Serjeant Simon, M.P., Mr. Huddleston, Q.C., Mr. Forsyth, Q.C., the Treasurer of the Middle Temple, Mr. Webster, Q. C., the Recorder of Liverpool, Mr. Serjt. Tindal Atkinson, Mr. Serjt. Robinson, Mr. Serjt. Sleigh, the Recorder of Ipswich, the Recor der of Pontefract, Mr. Cooper and the members of the Middlesex Sessions Bar, Mr. Lilley and the members of the Surrey Sessions Bar, Mr. Hannay |