person acting as such clerk, shall sign such certi- Provision had been made in the Bill for cases in COMPOUND RATING AND THE RATEPAYING Mr. C. FORSTER asked the First Lord of the Treasury whether it was the intention of the Government to repeal the ratepaying clauses of the Reform Act, and to restore the system of compound rating. Mr. GLADSTONE replied. 6. Limitations of proceedings. All prosecutions My hon. friend is perfectly warranted in asking a for offences punishable by this Act shall be com- question on the matter, which has excited conmenced within seven days next after the commis-siderable interest in the country. It would, howsion of the offence, and not afterwards. ever, be impossible for me, in answering the 7. Saving as to stat. Car. 2.-Nothing in this question, to make known clearly and fully the Act contained shall operate to repeal or alter any intentions of the Government, without anticipaof the provisions of an Act passed in the twenty-ting the statement which is to be made in a few ninth year of the reign of King Charles the Second, days by my right hon. friend the President of the intituled "An Act for the better Observance of Poor Law Board. To answer his question accordthe Lord's Day commonly called Sunday," except- ing to the letter, however, I may say that we do ing so far as the same is altered by or is incon-not propose to repeal the ratepaying clauses of the sistent with the provisions of this Act. Reform Act, or to restore, in the letter, the system 8. Convictions to set forth Act.-All convictions of compound rating. We recognise the existence obtained under this present Act shall expressly remedy without at the same time re-opening the of a practical grievance and desire to apply a 9. Places to which the Act shall not apply.-This political controversies of the Reform Act. I think Act shall not apply to any city, town, or hamlet my hon. friend will find, when the plan of the containing at the last or any subsequent census a Government is before him, as it will be in the population of less than ten thousand persons. course of a few days, that, although we do not in 10. Limitation of the Act.-This Act shall apply the letter and form restore the system of comto England only. pound rating, we do obtain from the remedy which we propose to apply those advantages which that system is calculated to secure. refer to the same. 11. Commencement of Act.-This Act shall come into operation on the seventh day of October one thousand eight hundred and sixty-nine. HOUSE OF COMMONS. NEW WRITS. Mr. GLYN moved "that Mr. Speaker do issue his warrant to the Clerk of the Crown in Ireland to make out a new writ for the election of a burgess to serve in this present Parliament for the borough of Drogheda, in the room of Mr. Benjamin Whitworth, whose election has been determined to be void."- -Col. TAYLOR said that only yesterday the House had ordered the production of the evidence taken during the inquiry into the Drogheda election. He hoped that pending the production of this evidence the issue of the writ would be suspended.- The ATTORNEY-GENERAL said that under the Act of last Session the reports of the Judges were of two kinds. They might be mere ordinary reports that so and so had been duly elected, or that the election was void, in which cases the writs would issue almost as a matter of course, because there could be no object in having the evidence printed or in instituting inquiry. Or they might be special reports, and with regard to them the Act of last Session said that the House might make such order as it thought proper. Where the judges reported specially that there was reason to believe that corrupt practices had extensively prevailed, he apprehended that it would be proper that an address to the Crown should be moved for, with a view to the issue of a commission. The report of the judge in the Drogheda case was not a report of this kind. At the same time it was, no doubt, a special report, and the House would be entitled to take such a course as it thought fit. Under these circumstances, he thought there was sufficient ground for asking his hon. friend to postpone the issue of the writ for a few days, in order that the House might have before it the evidence taken by the judge.The motion was then withdrawn. THE IMPRISONMENT OF A GIRL FOR DEBT. Sir G. JENKINSON inquired os the Home Secretary whether he had obtained further information in reference to the case of a girl, under fourteen years of age, who was taken away last week from the Girls' Refuge at Ealing, by the sheriff's officers for a supposed debt of 531. 11s. 2d., and conveyed to Whitecross-street Prison, and detained there; and whether, if that statement were true, any person had committed a breach of the law in so arresting and detaining such girl; and, if so, whether he intended to take any further steps in reference to the matter.- -Mr. BRUCE believed the girl was removed from the refuge under the mistaken impression that she was of age. He could not speak with authority on the law on the subject, but had gathered from the text books that an infant might be arrested on a writ of capias ad satisfaciendum, and an infant might be outlawed if above the age of twelve, or even under that age if a female. LIBEL BILLS. amend the law of libel. The hon. member ex- CRIME PREVENTION. Mr. BRUCE wished to take that opportunity of stating that it was not his intention to proceed that evening with the Bill which he had given notice of his intention to ask leave to introduce. Her Majesty's Government had taken into consideration the representations which had been made in both Houses with regard to a division of labour, and it had been thought most convenient that this Bill should be introduced into the House of Lords, where his noble friend the Lord Privy Seal would in the course of a day or two bring it in. COUNTY FINANCE. Mr. KNATCHBULL-HUGESSEN gave notice that on Thursday, March 10, he should ask leave to bring in a Bill to introduce the representative element into the administration of county finance. THE BALLOT AT MUNICIPAL ELECTIONS. Mr. EYKYN gave notice that when the Government Bill to amend the law relating to municipal elections was before the House, he should move the insertion of a clause to provide that the votes should be taken by ballot. THE TRADES-UNION COMMISSION. Mr. Serjeant Cox gave notice that on the motion to go into Committee of Supply on Friday, he should ask the Secretary of State for the Home Department when the report of the Trades'-union Commission was likely to be received, and whether it was the intention of the Government to introduce a measure for the regulation of trade and to promote uniformity in the assessment of A CLEVER CONVICT. he put the other evening with regard to the conSir G. JENKINSON repeated the question which vict G. Roberts, who, it was stated, had been sen tenced to death, and whose sentence had been commuted to transportation for life; who had then obtained a ticket of leave, and had subsequently received two sentences of transportation, and who in 1866 had been again sentenced to eighteen months' imprisonment for burglary.-— Mr. BRUCE replied that though the statement of this criminal's career was not quite accurate, his history was sufficiently eventful. It was not true that he had been sentenced to death, but he was twice sentenced to transportation for life. It was not true that he ever got a ticket-of-leave or licence. In the year 1837 he received a sentence of transportation for life for stealing from a in England, having effected his escape from the "dwelling-house." In the year 1852 he was found colony, and was sentenced under another name escaped again, because he was again found in to transportation for life. He appeared to have England, and under a fresh name received transportation for fourteen years. This sentence he appeared to have undergone, because the next record was in 1866, when he was sentenced to be imprisoned for eighteen months for burglary. The fact that he had escaped on previous occasions was not known until a statement was made by the warder. He appeared to have been a man of extraordinary genius; but he never received a ticket of leave, and his escape was due to his own merits and not to the system.- -Mr. WALTER asked the Secretary of State for the Home Depart ment whether a memorial had been received from was the justices of Berkshire with regard to a man named Richard Bonner, who had been convicted several times and imprisoned in Millbank, and who had been subsequently convicted in that county. The justices of Berkshire, under these circumupon them of the man's maintenance after he had stances, complained of the expenses having fallen been transported and confined in a Government prison. -Mr. BRUCE said that the best answer he could give was to read the reply which he had made to the justices of Berkshire, which the cost of maintenance fell upon the county in to the effect that by the existing law which the conviction took place, and therefore the hardship of which the justices complained must occasionally occur. Since 1864 sentences of penal servitude for life had only been passed in grievous the minimum time in which such cases should be cases. By a regulation of Sir G. Grey, in 1866, considered was twenty years, and a question had since arisen whether a convict for life who had been liberated under a licence, but who, whilst at large, committed a fresh offence, should receive & second licence, and it had been said that a judge should have power to commit the man at once to Millbank or any other of the Government prisons. He explained under what circumstances a prisoner might be released before the expiration of his sentence, and cited two cases in which prisoners for attempted murder had been sentenced to twenty years and for life respectively. Both crimes had been committed under motives of jealousy, and the men were sentenced by different judges, and he stated that in the former case a remission, most likely, would be made to fifteen years and four months. It was obvious that cases would arise in which remissions would have to be made under motives of justice. The right hon. gentleman then informed the House that it was not his intention that evening to proceed with the Bill for the more effectual Prevention of Crime which he had asked leave to introduce. Fr Sat. Mon. Tues. Wed. Thur 242 242 931 93 93 93 751 244 244 244 981 934 934 93 931 93 93 ... 74 93 93 93 93 934 93 21s.a 18s.a ... Charing Cross Hotel.-A dividend was declared at the rate of 12 per cent. per annum. Southampton Dock.-Dividend at the rate of 5 per cent. per annum. United Service (Limited).-Creditors' claims must be forwarded to Mr. F. Whinney by 15th June, the 1st July being appointed for their adjudication. West India and Pacific Steam.-Dividend, 14s. per share. REPORTS OF SALES. act for her. It further appeared that the action proceeded until the plaintiff obtained leave to exhibit interrogatories to the three girls with a view to elicit the grounds of their title to the premises sought to be recovered. The answer to these interrogatories was prepared by the said Messrs. Smith and Gwilt, and sworn to by the two eldest girls, and signed and declared to by the youngest one before a magistrate, who had no power to administer an oath in the Superior Courts. However, he read the affidavit over to the child, and, very properly, when he signed his name stated that the child was an "inmate of the Orphan [NOTE.-The reports of the Estate Exchange are officially School, Ealing." The judge's attention was called supplied in the following list. Auctioneers whose names are registered there will oblige by reports of their own sales.] Friday, Feb. 19. By Messrs. RUSHWORTH, ABBOTT, and Co., at the Mart. Freehold house, No. 15, Prince's-street, Red Lion-square, producing 457. per annum-sold for 5107. Leasehold residence, No. 33, Bernard-street, Brunswicksquare, let at 601. per annum, term 25 years unexpired, at 157. 158. per annum-sold for 5057. Leasehold town mansion, No. 20, Park-lane, with stabling in Pitt's Head-mews, term 14 years unexpired at 3591. per annum-sold at 35007. Leasehold residence, No. 10, Westbourne-park-terrace, Paddington, let at 707. per annum, term 99 years from 1851, at 107. per annum-sold for 7407. Leasehold residence, No. 11, Westbourne-park-terrace, let at 751. per annum, term 82 years unexpired, at 107. per annum -sold for 7007. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. OBSTRUCTION OF LIGHT AND AIR-MANDA102 102 102 102 1021 1021 TORY INJUNCTION-COSTS.-The court will not grant a mandatory injunction to restrain an 12s.a 12s.a obstruction of light and air, except in cases where a substantial injury has been sustained: (Beadel v. Perry, 19 L. T. Rep. N. S. 760. V.C. S.) EQUITY PRACTICE--RECTIFICATION OF DECREE --GENERAL ORDER 23, Rule 21.-Where, by the oversight of the plaintiff at the hearing of a suit, an error was made in drawing up the decree, the court, on a petition under General Order 23, rule 21, ordered the mistake to be rectified: (Williams v. The Carmarthen, &c., Railway Company, 19 L. T. Rep. N. S. 762. V.C. S.) 106 Do. do. 5Bc. Jan 1872 106 Do. do. 5c. May 1879 1111 111 India Enfaced Paper, 5 c. Rup. Deb. 1872... India Enfaced Paper, 5 c. Rup. Deb. 1877... India Enfaced Paper, 5 c. Rup. Deb. 1882... India Certificates......... Ex. Bills, 1000%, Do. 5001. 100%. and 2007 Do. JUDGES' CHAMBERS. GEORGE RICHARD WALES v. RICHARD EVANS, COPE. d March, 2 per cent., 38. disc.; June, 2 per par. cent. e March, 2 per cent.; 38. disc. PUBLIC COMPANIES. RAILWAY COMPANIES. Metropolitan.-An ordinary dividend at the usual rate of 7 per cent., or at 6 per cent on the preferred and 8 per cent. on the deferred stock. Metropolitan and St. John's Wood.-A dividend at the rate of 2 per cent. per annum on the preference capital. North London.-A dividend of 21. 15s. per cent. on the preference stock, making for the year 5 per cent.; on the ordinary stock, at the rate of 6 per cent. per annum. South-Eastern.-The 4 per cent. dividend includes a distribution at the rate of 6 per cent. on the preferred, and at the rate of 2 per cent. on the deferred stock. Staines, Wokingham, and Woking.-A 2 per cent. per annum dividend. BANKS. Bank of Leeds.-Dividend at the rate of 5 per cent. per annum, free of income tax. Dudley and West Bromwich.-A dividend of 5s. per share. Hong Kong and Shanghai.-Dividend at the rate of 12 per cent. per annum. Newcastle, Shields, and Sunderland Union Joint-Stock Banking.-Creditors are required to send the particulars of their claims to the solicitors of the official manager by the 1st March, the 15th March having been appointed for adjudicating upon them. ASSURANCE COMPANIES. Commercial Union Assurance.-Dividend at the rate of 7 per cent. per annum. MISCELLANEOUS COMPANIES. Aldborough Hotel (Limited).- Creditors must forward claims to Mr. C. F. Kemp, the liquidator, by the 5th March. Alhambra.-Dividend for the half-year at the rate of 25 per cent. Berlin Waterworks.-Dividend declared at the rate of 9 per cent. per annum. British and Irish Magnetic Telegraph.-A dividend has been declared at the rate of 12 per cent. per annum, making 10 per cent. for 1868. Imprisonment of a child. This was an application on behalf of the defendant, Elizabeth Cope, a destitute orphan girl, thirteen years old last birthday, an inmate at the Girls' Refuge, Ealing, to rescind so much of an order made by Blackburn, J. on the 14th Jan. last, as directed the payment of costs to the plaintiff by the said defendant, Elizabeth Cope, and that she be discharged out of the custody of the Sheriff of Middlesex. The case was to have been heard before the judge on the previous day, but the plaintiff's attorney obtained an adjournment until to-day, in order to obtain the assistance of counsel to oppose the application. To-day the case came on for hearing. Boyle appeared for the infant, and Allen for the plaintiff. From Mr Boyle's statement of the case to the learned judge, it appeared that in November last the plaintiff commenced proceedings in ejectment against the defendant, Richard Evans, to recover possession of some premises in his occupation. Shortly after the proceedings were commenced, some attorneys named Smith and Gwilt, of Northand produced an affidavit made by the defendant, umberland-street, Strand, appeared on the scene, Emily Cope (who is also under the age of 21) to the effect that she and her two sisters, Mary Cope, and Elizabeth Cope, were landladies of the premises sought to be recovered in the action. On this affidavit being made and filed, a judge's order was obtained, as a matter of course, for liberty for the three defendants, Emily, Mary, and Elizabeth landladies. Mr. Boyle called the learned judge's Cope, to defend the said action of ejectment as attention to the fact that this order was irregular, inasmuch as according to the Common Law Procedure Act the affidavit, even if the girls had been of age, ought to have been sworn by all three and not by one only, and, moreover, as they are all infants, no such order could properly be made except a guardian had been duly appointed on behalf of such infants. Mr. Boyle further stated that Messrs. Smith and Gwilt, on obtaining that order, entered an appearanc for the child Elizabeth as well as her two sisters, but who instructed them to do so, or authorised such act, he was unable to say, for in an affidavit he now produced the child distinctly swore that she never, to the best of her knowledge, saw the said Messrs. Smith and Gwilt, or gave them any authority to | to the irregularities of this affidavit so far as the infant Elizabeth was concerned. On this affidavit being filed the plaintiff's attorney applied for an order to rescind the order giving leave to the three infants to defend the ejectment. This application was heard before Mr. Justice Blackburn on the 14th Jan. last, and after hearing counsel for all parties, his Lordship rescinded the order obtained by Messrs. Smith and Gwilt for liberty to defend the action for the three girls, and ordered those three defendants to pay to the plaintiff the costs he had been put to since the date of that order. That order was afterwards made a rule of court, and the costs were taxed at 491. 6s. 6d., which with the cost of the writ of execution amounted to 531. 11s. 2d. Notwithstanding the plaintiff's attorneys knew that Elizabeth was an inmate at the Refuge at Ealing, they insisted on the sheriff's officers arresting her and taking her to Whitecrossstreet Prison. On these facts being stated, the learned judge expressed great astonishment, and asked the plaintiff's counsel what answer he had to make to the application, whereupon the learned gentleman submitted that, as it now turned out that the child was an infant, before any steps could be taken to release her a guardian ought to be appointed for her. The judge, however, very properly overruled that objection, saying the application was one affecting the liberty of the child, and therefore no guardian was necessary. The plaintiff's counsel then referred his Lordship to an old case where the court had refused to release an infant plaintiff who was in custody for costs of suit. The learned JUDGE, however, ruled that the case did not bear on the present case, and, after some further discussion, an order was made exonerating the child Elizabeth from the payment of costs, and authorising the Sheriff of Middlesex to discharge her from custody. But no action was to be brought against the plaintiff by the child for being arrested and locked up in prison. CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF PROOF. CATTON (John), Shipdham, Norfolk, baker. March 8; J. Saunders, E. Dereham, solicitor. March 18; V.C. M., at twelve. HOLLIS (W.), Bedgworth, Gloucester, gunmaker. March 15; MCCANS (Nicholas), 50, Parliament-street, S.W. March 16: March 8; E. S. Stephenson, solicitor, 7, Great Queen-street. SANGUINETTI (Bernard), 63, Jermyn-street, Westminster. CREDITORS UNDER 22 & 23 VICT. c. 35. Last day of Claim, and to whom Particulars to be sent. ANNETT (Edwd.), Hampton, Middlesex, gentleman. April 20: Walker and Martineau, solicitors, 13, King's-road, Gray's-inn. ASH (William), 27, Albemarle-street, Piccadilly, and Kentish town, upholsterer. March 20; J. and J., Hopwood, 11, King William-street, Strand. ASHFORD (Henry), 3, Queen-street, City. Treherne and Wolferstan, 75, Aldermanbury. 126, Wood-street, E.C. BAKER (S. C.), Brighton. March 31; C. Sawbridge, solicitor, BEGG (David), Canons Park, Edgware, gentleman; April 10; Still and Son, 5, New-square, W.C. BRADFORD (Anne E., Eaton-square. March 31: Uptons, BROOKING (T. H.), 5, Norfolk-crescent, Hyde-park. May 15; Wilson, Bristows, and Co., solicitors, 1, Copthall-buildings, DAVISON (Joseph), Greencroft-park, Durham. April 17; J. Booth, jun., solicitor, Durham. ENSOM (Sarah Ann), 7, North Cottages, Clapham Rise. April 1; S. S. Garrett, solicitor, 60, Doughty-street, Mecklenburg-square. GREEN (Anne M.), 34, Wharton-street, Clerkenwell. March 31; Cunliffe and Co., 43, Chancery-lane. HORHOUSE (Henry W.), 24, Cadogan-place. March 19; LAIDLER (James), Suffolk-street, Pall-mall. May 1; J. Mason, LEADER (Mary), Parade-row, Jersey. April 2; Fielder and Westminster. MELLISH (Thos.), Hampton-street, Brighton, carpenter. PATIENT (Elizabeth), Myddleton Cottage, Stoke Newington. April 22; F. Broughton, solicitor, 48, Finsbury-square. commons. PERKINS (Charles), Chetnole, Dorset, Gentleman. April 10; MAGISTRATE AND PARISH READING OF RECENT DECISIONS. in all matters in which justices, acting either in the court below was not supported by sufficient consequently illegal, and so amounted to a NOTES OF NEW DECISIONS. INNKEEPER-WHO IS A "BONA FIDE TRAVELLER?"-BURDEN OF PROOF.-The burden of proof that a person taking refreshment at an inn during the prohibited hours is not a bonâ fide Stephens and Matthews, solicitors, 29, Essex-street, above will in no way interfere with the deci, traveller is upon the informer. In appeals from Strand. Armistead, solicitors, Bolton. SHARP (F. W.). Manchester, agent. April 19; Rushton and April 6; Burton and Sons, solicitors, Lincoln. TEATHER John Alstonby, Cumberland, gentleman. April 1; J. R. Donald, solicitor, Carlisle. Bench-walk. WALL (Harriet M.), North Villa, St. Leonard's-on-Sea. At a special general meeting of the members of the Incorporated Law Society, held on the 19th inst. a discussion took place with reference to a statement recently issued by the society in opposition to a suggested change of the site for the New Law Courts and Offices from the Carey-street site to that of the Thames Embankment. The meeting appeared to be unanimous in favour of the Careystreet site, which has already received the sanction of Parliament. Mr. Ralph Barnes, the Bishop of Exeter's secretary, whose death is reported, was the oldest practising lawyer in England. He was admitted as a solicitor in 1802. He held the office of clerk to the cathedral chapter of Exeter for more than sixty years, as well as the offices of bishop's secretary and deputy-registrar of the diocese of Exeter from the time of Bishop Phillpott's appointment in 1831. Up to within ten days of his death he attended regularly at his office in Exeter, where he was in practice for sixty-seven years. THE BENCH AND THE BAR. COURT OF ADMIRALTY. THE CASE OF MR. WILLIAM GILL. The JUDGE, at the sitting of the court, an evidence, or that the judgment was opposed to the facts in proof. Whilst, however, the court sion of justices upon matters properly within their jurisdiction, it will rigorously insist upon their taking upon themselves the duty of investigation in all cases in which their powers for the purpose are duly invoked. No bench of magistrates can refuse to act in any matter properly brought under their consideration; in other words, they cannot decline jurisMarch 31: Stone, Wall, and Co., solicitors, 4, Belvedere-diction, even though they should have good reason for believing that their interference will not ultimately accomplish any useful object. As an illustration we may cite the recent case of Reg. v. Fawcett and others, 19 L. T. Rep. N. S. 396. In that case it appeared that an information had been laid before justices against one Hodson for an assault committed upon the complainant, and upon hearing her, and also the witnesses for the defendant, the justices convicted the defendant, and fined him 50s. Subsequently, the defendant applied to the justices for a summons against the woman upon a charge of perjury information for the assault; and upon his having committed by her upon the hearing of the former given his evidence to them, they inquired if he had any additional evidence beyond what he had adduced upon the former hearing; whereupon he said that he had not, and therefore they refused to issue a summons. They acted upon the honest impression that as the facts had been fully gone into upon the hearing of the information for the assault, it would be merely a rehearing of the case. Upon this refusal the defendant Hodson applied to the Court of Queen's Bench for a rule calling upon the justices to issue their summons and to hear and adjudicate upon the complaint. The court, upon the hearing, made the rule absolute. In shire, also reported in 19 L. T. Rep. N. S. 397, the the case of Reg. v. The Justices of Montgomerysame question again arose. It appeared that an appeal against an order of removal was entered for the October sessions 1867, and was then adjourned until the ensuing January sessions, when it was again adjourned, and so again adjourned until the July sessions in 1868; but before the holding of such last-mentioned sessions the appellants gave notice of abandonment, whereupon the respondents applied to the sessions for their costs, but the sessions refused to grant any upon the ground that by one of the rules of their sessions, if notices of countermand be given six clear days before the day appointed for the holding of the sessions, no costs are to be given to the respondent. Upon this, the respondents in the appeal moved for a rule for a mandamus commanding the justices to enter continuances, and to award such costs as they should think fit to be paid by the appellants to the respondents. The court in this case also made the rule absolute. In each of these cases the justices had declined jurisdiction, that is, they had refused to act in a case in which they ought to have acted. In each case they had refused to do what it was incumbent upon them to do, upon a ground which was legally insufficient. If in the first case they had refused to issue their summons because they were not satisfied with the sufficiency of the complaint, they would have been perfectly justified in law in so doing. But their refusal was upon a ground which the law could not recognise, and was therefore wholly unjustifiable. So, in the second case,-had the quarter sessions upon the application for costs exercised their discretion upon the subject, and have refused them, the court above would not have interfered with that discretion. But their refusal was based upon a rule which ignored a discretion which it was the intention of the Legislature they should in each case exercise, and which refusal was nounced that he had received from the Benchers of the Inner Temple, in the matter of the appeal of Mr. William Gill against an order of the Benchers disbarring him, a copy of the decision of the judges, to the effect that the order in question must be set aside. The learned judge said he thought it to be his duty to make this announcement, inasmuch as the disbarring order had been mentioned in court at the time it was made. ASSIZE INTELLIGENCE, NORTHERN CIRCUIT. Newcastle, Feb. 20.-The cause-list for the county contains an entry of 10 causes, and for the town of 2 causes; of these 7 are marked for special juries. The Northumberland calendar contains an entry of the names of 21 prisoners, and the Newcastle calendar of 23; none of the cases are of a very serious nature. Lord Lytton has sent 10l. to the fund which is being raised for the widow and family of Mr. Ernest Jones, not, as Lord Lytton explains in a letter promising the donation, because there was any political sympathy between the late Mr. Jones and himself, but because he honours the deceased gentleman for his disinterestedness, and feels a sincere compassion for his family, besides recognising in him a fellow-craftsmen in literature. BREAKFAST-A SUCCESSFUL EXPERIMENT. -The Civil Service Gazette has the following interesting remarks:There are very few simple articles of food which can boast so many valuable and important dietary properties as cocoa. While acting on the nerves as a gentle stimulant, it provides the body with some of the purest elements of nutrition, and at the same time corrects and invigorates the action of the digestive organs. The singular success which Mr. Epps attained by his passed by any experimentalist. By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well-selected cocoa, Mr. Epps has provided our breakfast tables with a delicately flavoured beverage which may save us many heavy doctor's bills.-[ADVT.] homeopathic preparation of cocoa has never been sur magistrates the court reserves to itself a discre tion as to costs in each case: (Davis v. Scrase, 19 L. T. Rep. N. S. 789. C. P.) SENTENCE-PREVIOUS CONVICTION.—The prisoner was convicted of the misdemeanor of having inflicted grievous bodily harm on a policeman. After verdict it appeared from inquiry made by the court, that the prssoner had been previously convicted of felony, but the indictment contained no charge or allegation of such previous conviction. The prisoner was sentenced to five years penal servitude: Held, that the sentence was not illegal, as being contrary to the 27 & 28 Vict. c. 47, s. 2, which enacts that when any person shall, on indictment, be convicted of any crime or offence punishable with penal servitude, after having been previously convicted of felony, the least sentence of penal servitude that can be awarded shall be seven years: (Reg. v. Summers, 19 L. T. Rep. N. S. 799. Cr. Cas. Res.) THE POLICE.-It has been determined to appoint four district superintendents of police in the metropolis. The district superintendents will be Mr. Baynes, now governor of the county prison at Winchester; Mr. A. C. Howard, of the Bengal Constabulary; Colonel Pearson, of the Grenadier Guards; and Superintendent Walker. The district superintendents will act in their respective districts under the orders of the Chief Com missioner. A free pardon has, we understand, been granted to Frederick Augustus Farrar, who, with John Hallett, was, at the November session of the Central Criminal Court, sentenced to ten years' penal servitude for forging a bill of exchange which was purported to be accepted by Earl Dudley.-City Press. Goschen on his perfect official manner. It is supMr. Newdegate, on Tuesday, complimented Mr. posed to be the custom for the chiefs of depart turn down one corner of it and to make thereon a ments, when they receive a written application, to note of instruction as to the answer which their subordinate is to write. Mr. Newdegate said be had heard of a case in which an official succeeded in condensing his instructions into three simple letters: U B D. Mr. Newdegate's emphatic pronunciation sufficiently indicated the meaning of this cabalistic formula. The final letter is, of course, a double D. THE ADMIRALTY.-Information from several quarters reaches us to the effect that some extraordinary revelations are likely to result from Written and verbal statements are pouring in the Admiralty prosecution instituted last week. upon the authorities, showing the various ramifications of a system of fraud carried on to an extent of which the public generally have had little idea. Mr. Baxter, the Admiralty Secretary, who is applying himself to the investigation with his usual energy and determination, although subjecting himself to much personal ill-will, seems resolved to be at the bottom of the business. The detectives employed have been most successful in London, and the pocket-books and documents their movements, which have not been confined to seized are said to exhibit as complete a system of public robbery as could be devised.-Dunde Advertiser. THE BEERSHOP LICENSING SYSTEM.--A merous and influential deputation waited upon the Home Secretary to urge upon him the desirableness of transferring the power of granting beerhouse licenses from the Inland Revenue to the magis tracy. The deputation comprised clergy, members of Parliament, representatives of temperance societies, and of officials connected with the Licensed Victuallers' Defence League. The Home several other members of the deputation, who Secretary was addressed by Col. Ackroyd and explained its objects. One of the arguments used was the fact that Broadhead, of Sheffield, had been granted a licence by the Excise the day after the local magistrates had refused it. Mr. Bruce, in reply, said Mr. Gladstone has already told the House of Commons that there are many subjects of national importance which he has found it impossible to deal with this session, amongst them the question of national education, I have no doubt this licensing system question would have been thoroughly considered, and probably treated, if there had been any prospect of carrying it through the present session. It is one as to which great diversity of opinion exists, and it could only be dealt with comprehensively. The Government knew that was impossible in the face of what lay before it. Your proposition, however, MORTGAGE-LEGAL AND EQUitable-PrioriTY. B. and C., tenants in common in fee, borrowed money on security of an equitable mortgage of their property, and B. afterwards, without the knowledge of C., executed a legal mortgage of his moiety, acting as the mortgagee's solicitor in the transaction, and subsequently the rights of the equitable mortgagee became vested in B., legal mortgagee: (Turton v. Meacham, 19 L. T. he was held to be entitled to priority over the Rep. N. S. 760. V.C. S.) JOURNAL. NOTES OF NEW DECISIONS. due, of which he was not aware. Within fifteen cases, this was a reasonable contract as far as it affected the plaintiff. Ward contended that it was a fair and reason able contract, the consignors receiving the ample ment as follows:-This is an action brought by the is much more limited, being confined to the trans- JOINT-STOCK COMPANIES' LAW ing his goods. The facts of the case are shortly fer to magistrates of the power of granting licences to all places open for the sale of liquor. That seems a sim le question, but it would be, I think, impossible for this or any other Government to take the step you propose without considering whether it was part and parcel of a good and complete system with respect to the whole system of licensing. The Parliamentary committee which dealt most exhaustively with this subject was that presided over by Mr. Villiers, and that committee reported in favour of depriving magistrates of the power with which you seek to invest them. A Bill has been brought forward once or twice on behalf of Liverpool, which to my certain knowledge has received large support from influential gentlemen of all parties, and that Bill was based upon a similar principle, although its provisions varied in some respects from the recommendations of Mr. Villiers's committee. The step you call upon us to take is one which I can assure you will have the consideration of her Majesty's Government; but it is at variance with the report of the committee, the Liverpool Bill, and a large number of persons who have given the question much consideration. You will therefore, understand that, without full consideration, her Majesty's Govern ment is not prepared to say at this moment whether they would or would not consent to this modified measure. What I say is not a positive refusal; but the question is a new one. Not intending to deal with the whole subject, I could not, without consultation with my colleagues, of course pretend to say that the Government will deal with a portion of it. The deputation expressed their thanks, and withdrew. B. having ample power as managing director of the C. Company, applied on its behalf for shares in the D. Railway Company. 5198 shares were allotted to the C. Company accordingly. The memorandum of association of the C. Company provided that such of the funds for the time being in the hands of the company as should not be required for the immediate purposes of the company might from time to time be invested as the directors might think fit. B. also stated the object of the company to be (inter alia) to assist in the formation of other companies and generally to transact the business of a capitalist. This taking of shares in the D. Company was held not to be ultra vires, and that the C. Company was a contributory on them: (Peruvian Railways Company, 19 L. T. Rep. N. S. REAL PROPERTY LAWYER AND 803. V. C. M.) CONVEYANCER. NOTES OF NEW DECISIONS. EASEMENT INJUNCTION.-The court will not grant a mandatory injunction to restrain an obstruction of light and air, unless a substantial injury can be sustained: (Beadel v. Perry, 19 L. T. Rep. N. S. 760. V.C. S.) KNARESBOROUGH COUNTY COURT. Liability of railways as carriers. Held, that this agreement protected the company At the last sitting of this court, James Plummer, Ward, solicitor, Manchester, for the railway company. TRUST ESTATES-CONSTRUCTIVE NOTICE DISCHARGE OF DEBT.-The testator in his lifetime had lent to the trustees of the estates of the Earl of Durham 5000l. on the security of their bond. After the testator's death the executors, by virtue of a power in the will, allowed the debt to remain on this security. The testator had devised and bequeathed his residuary real and personal estate to his executors in trust to convert the same and divide the proceeds among his children, the plaintiffs in the cause. Shortly after the death of the testator the Earl attained his majority, and gave his personal bond for the debt in substitution for that originally given by his trustees. This bond was prepared by a solicitor who was the solicitor The plaintiff, on the 2nd Oct. last, ordered a for the trustees of the Earl as well as for the basket of fish from Messrs. Mackrill and Woolley, executors of the testator. The bond bore date of Grimsby. The fish arrived at Harrogate in 1849, and in 1859 a moiety of the debt secured Station by the 8.20 a.m. train, and should have thereby was paid off with the interest then due been forwarded to Knaresborough by the train thereon. A joint receipt was given by the two leaving Harrogate at 8.35 a.m. By an oversight executors. In 1862 the remainder of the debt not forwarded by that train; and when plaintiff on the part of the parcels' clerk, the basket was was called in, and one of the two executors re-telegraphed to Harrogate about it, there was a ceived the amount then due and the interest, delay of fifty minutes in answering him. and gave a receipt for same in the name of both consequence was that he could not get the fish The executors, he having forged the name of his co- in time for his customers, and refused to take itexecutor to the receipt for it, and appropriated the amount to his own use. On bill filed by the cestui que trusts of the testator's will alleging constructive notice that the debt consisted of part of the testator's residuary estate, and for a repayment of the moiety of the debt so improperly paid: Held, that there was not such constructive notice of the debt having formed part of the testator's assets as rendered the Earl of Durham liable to repay the amount of the outstanding portion of the debt, and bill dismissed with costs. The doctrine of construc tive notice not to be extended beyond the principles of the existing decisions: (Charlton v. The Earl of Durham, 19 L. T. Rep. N. S. 763. V.C. J.) suing for the value and loss of profit on its resale. Capes contended that this agreement did not His HONOUR said that if the contract, as affecting the consignee, was not reasonable, then it would not protect the company; and the question arose whether, in view of the law and the decided these. On the 1st Oct. 1868, the plaintiff sent a telegram to Messrs. Mackrill and Gould, of Great Grimsby, to send him fish. They sent the fish by the line of the defendant company, and it ought to have arrived at Knaresborough by the train arriving there at 8.47 a.m. on the 2nd Oct. The fish got all right as far as Harrogate, and was there taken out under the impression that it was consigned to The mistake was discovered just as the train was a fishmonger of the same name at Harrogate. about to leave; but before it could be rectified the train had gone. The plaintiff sent a telegram, but was not in fact able to get the fish in time to accommodate his customers from the defendant company. They took no steps to remedy their mistake beyond offering the basket of fish to the plaintiff at the Harrogate Station, when he got there soon after eleven o'clock. The plaintiff then refused to take the fish. The solicitor to the defendant company raised two points in answer to the action, namely, first, that the defendant company their character as common carriers, to an action were not, under these circumstances, liable, in for negligence; and, secondly, that they were protected by a risk note, which the consignors had signed, and which he contended was just and reasonable within the meaning of the Act 17 & 18 Vict. c. 31, s. 7. On the first point of the defence, I intimated my opinion at the hearing that under the circumstances there was such negligence as would make a common carrier liable to an action, and the cases seem to me clearly to lay down the law to that effect. Davis v. Garrett, 6 Bingham, 716, is a case very analogous to this. The plaintiff shipped some lime. The master of the defendant's barge deviated unnecessarily from the usual course, and during the deviation a storm came on, the lime was wetted, the barge caught fire, and the whole was lost, and the defendant was held liable. It was argued that the same loss might have occurred had the master not deviated; but Chief Justice Tindal said: "If this argument were to prevail, the deviation of the master, which is undoubtedly a ground of action against the owner, would never, or only under very peculiar circumstances, entitle the plaintiff to The same answer might be attempted to an action against a defendant who, by his mistake, forwarded a parcel by a wrong conveyance, and a loss had thereby ensued; and yet the defendant in that case would be undoubtedly liable." The same law is laid down in recover. the case of Hales v. London and North-Western Railway Company, 4 B. & S. 66, in which Chief Justice Cockburn says, "The carrier must do that which is within his power, and which is reasonable to expect he should do for delivering the goods. Here the goods arrived at Newcastle, and there was abundant opportunity of sending them on by railway to Sunderland every day, instead of which the defendants kept them until the carrier could take them to Seaham Harbour." The cases of Beal v. London and South Devon Railway Com pany, 3 H. & N. 337; and Gull v. General Iron Screw Collier Company, L. Rep. 1 C. P. 600, authorities to the effect that the "want of reasonable care, skill, and expedition " is such negligence as will make carriers liable; and the case of Taylor v. Great Northern Railway Company, L. Rep. 1 C. P. 385, is an authority that in the absence of an express contract as to the time of within a reasonable time; which means, in the delivery, there is an implied contract to deliver words of Chief Justice Erle, "a time within sonable exertions." Taking these cases as my which the carrier can deliver, using all reaguide, I cannot but find that in this case the goods were unnecessarily taken out of their usual course. They were not forwarded as soon as they might have been, nor with reasonable care and expedition; and they were not delivered at the time at which they would have been if the defendant company had used all reasonable exertions; and therefore the defendant company are not entitled to a verdict on the first ground urged by their solicitor. I now come to the defence on the ground that the risk note frees the defendant company from all liability. This note, it may be observed, is not signed by the plaintiff, as, however, it was laid down in 1743, in the case of Smee v. Prescott, before Lord Hardwicke, in Chancery, a report of which is in 1 Atkins, f. 248, and decided in Dutton v. Soloman, 3 B. & P. 582, that the person to 66 66 ques Mr. Lupton (Leeds) seconded the resolution, and after some discussion it was carried unanimously. Mr. Hurst (Leeds) moved " That this assoc tion is of opinion that the abolition of impris ment for debt is uncalled for and inexpedient; and Mr. M'Cause (Belfast) proposed "That bankruptcy bill introduced into Parliament shot! include Ireland." Both resolutions were agreed to with unanimity County Courts Amendment Act. The next matter was the resolution proposed Mr. Gibbs, of Wolverhampton-"That the Cou Court Amendment Act of 1867 ought to be amen by some such clauses as the following, viz.:-1 An action may be brought in the County Court the district where the debtor resides; or if th plaintiff gives security for costs, in the Cory Court of the district where the plaintiff rese 2. In any action for the recovery of a trade de as defined by sect 3 of the Act of 1867, to wh an unsuccessful defence has been made the or shall be for payment within fourteen days, un the creditor shall expressly agree to take paym by instalments, or at a later date.' whom the goods are sent is the person who alone company. For the condition is expressed without the commercial community having endeavoured The Chairman moved the adoption of the report. Mr. Wright, of Birmingham, seconded the res lution, and it was adopted. Registration of Partnerships. Mellor, M.P., of Huddersfield, seconded "That Mr. Lupton, of Leeds, proposed, and Mr. Writ is desirable that the names and addresses of partners in firms should be registered in s public office; that a copy of this resolution presented to the Board of Trade, and that petiti be sent to both Houses of Parliament praying t such registration be provided for by law. which resulted in the resolution being carried. Several members took part in the discussit Tribunals of Commerce. Mr. Behrens, of Bradford, moved, and Whitwell, M.P., seconded, a resolution "That memorial be presented to Her Majesty's Gore ment, praying for the introduction of a bill the immediate establishment of tribunals of t merce, and that a deputation of this associat wait upon the President of the Board of Tr for the purpose of presenting a memorial or subject; or that in case Her Majesty's Minist be not prepared to introduce such bill, to ask the reappointment of a select committee of t House of Commons." Registration of Trade-marks. Mr. Field, of Birmingham, moved "That deputation from this association be appointed wait upon the Board of Trade for the registrat of trade marks in England, and in the event their declining to do so, that a private member requested to introduce a bill carrying out the p vious recommendation of the association." motion was passed. MARITIME LAW. NOTES OF NEW DECISIONS. COLLISION - CONTRIBUTORY NEGLIGENCE A collision was caused solely by the neglect compulsory pilot in charge of the ship, with any neglect or default on the part of the maste or crew. The owners were held to be exes from responsibility under sect. 388 of the chant Shipping Act (17 & 18 Vict. c. 104). I the duty of the pilot to determine the rate speed: (The Calabar, 19 L. T. Rep. N. §.77 Priv. Co.) INSURANCE-PERILS OF THE SEA-W ARE "OTHER PERILS?" Goods were ins under an ordinary Lloyds' policy, and while ship was taking in cargo in harbour in t |