not render it necessary to prove actual fraud on the part of the debtor, nor does the Act of 1869 make any change in that respect in the law relating to an assignment of the whole of a debtor's available property to secure a past debt, which is still an act of bankruptcy, as it was under the former Bankruptcy Acts, but now such an assignment is an act of bankruptcy, whether the assignor is a trader or not. Where an appellant does not deliver to the respondent a copy of the appeal notice four days before the day on which he intends to move in accordance wieh the 144th General Rule under the Bankruptcy Act 1869, that is not an objection to the appeal, and the only consequence of it is that the appellant cannot move till four days have elapsed from the date of service, provided that the notice has been served before the expiration of the twenty-one days, within which an appeal must be entered with the registrar. The trustee under a bankruptcy is entitled to have all his costs properly incurred out of the estate, and it is not necessary that the order should direct such payment: (Ex parte Lückes; Re Wood, 26 L. T. Rep. N. S. 113. Chan.) COURT OF BANKRUPTCY. Monday, March 25. that a difficulty had existed in making the tender in consequence of the amount of the debt not having been precisely ascertained. Reference had been made in support of the appeal to a decision of one of the registrars (Mr. Roche), and although his Lordship entertained the highest respect for any opinion expressed by those learned gentlemen, that case was decided entirely upon its own circumstances, and had no application to the general principle of law. In the present case the creditor agreed to take the composition, and afterwards sued the debtor in the County Court. The appeal must be dismissed, with costs. HUDDERSFIELD COUNTY COURT. Friday, March 22. (Before Mr. Serjt. TINDAL ATKINSON, Judge.) HAWKYARD v. KAYE. Co-surety-Contingent liability-Bankruptcy Act 1869, s. 31. The contingent liability of one co-surety to another for contribution in the event of the future failure of the principal, is not a contingent liability within the 31st section of the Bankruptcy Act 1869, which, before the failure of the principal, is provable on a bankrupt surety's estate. THIS was a plaint brought by the plaintiff to recover the sum of £18 for money paid by the plain-ments were not only no debt, but can never become tiff to the defendant's use to a money club, to which the defendant pleaded that on the 24th Nov. 1870 he presented his petition to this court for liquidation of his affairs in bankruptcy, in pursuance of the Bankruptcy Act 1869, and obtained order of discharge on the 19th Dec. 1870. It was proved at the hearing that the plaintiff and defendant had, with another, become sureties to a money club, for one Sim Kaye, and that in January 1871, after the defendant had obtained his discharge, the plaintiff was called on to pay the whole of the loan (£50), the defendant's share of which he now sought to recover from the defendant as his contribution as co-surety. (Before the Chief Judge.) Ex parte HEMINGWAY; Re HOWARD. Nonpayment of composition-Rights of creditor. THIS was an appeal from the Leeds County Court sitting in bankruptcy, and raised a question of some importance as to the effect of the registra-his tion of a resolution of creditors for the acceptance of a composition. On the 12th April last the debtor, who was a druggist and drysalter at Leeds, filed a potition for liquidation by arrangement, and at the first meeting the creditors passed what the statute describes as an "extraordinary resolution," whereby they agreed to accept a composition of 5s. in the pound, payable on or before 20th June, in cischarge of their debts. Mr. Hemingway, the appellant, by his attorney, attended the meeting, and tendered a proof for £17 18s. 6d. for goods sold and delivered and law costs, but the proof was objected to in regard to the costs. At the second meeting of creditors the resolution passed at the former meeting was confirmed and registration duly effected. Upon the composition becoming due the debtor caused a circular letter to be sent to the creditors informing them that the amount was payable at the office of his solicitor, and offering to send a postoffice order if requested; and the fact appeared to be undisputed that every creditor, with the single exception of the appellant, had received the composition. The appellant stated that the letter never reached him, and in December last he issued a plaint in the County Court for the amount of his claim. In answer to the action the registra tion of the resolution was set up, but the learned judge gave a verdict for the appellant, and stayed execution for a month to enable the debtor to apply to the County Court sitting in bankruptcy for an injunction. The debtor applied accordingly, and the court granted an injunction, with costs against the appellant, and from that order the present appeal was brought. Bagley was counsel for the appellant. R. Griffiths for the respondent. The CHIEF JUDGE, in giving judgment, remarked upon the importance of the case, and said it was right that the provisions of the statute in reference to resolutions for composition should be carried into full effect. By the terms of the 126th section (8th sub-section), the provisions of any composition made in pursuance of the Act might be enforced by the court on a motion made in a summary manner by any person interested; and, although cases might arise in which the court would decline to enforce them, the object of the Legislature was that each creditor should take his share of the estate, and it would be contrary to common sense and common honesty that one creditor should receive more than another. In this case the resolution was duly passed at a meeting which the appellant by his attorney, duly authorised, attended, and registration having been effected, the composition was binding upon all the creditors, including the appellant, and the court had authority to enforce payment. His Lordship thought the appellant should have resorted to the court under the section cited; that he could not contravene the provisions of the Act of Parliament by frustrating the objects of the creditors; and that no objection could now prevail against the resolution. The case of the appellant was that the composition had not been tendered to him, but there was more than a bare promise without any intention to pay, and whose fault was it that the debtor had not the opportunity of complying with the terms of the resolution? The debtor said that he had caused a circular letter to be sent, stating that he was prepared to pay the composition at the office of his solicitor, and offering to send a post office order to the creditor; but it seemed Milnes, for the plaintiff, contended that the contingency in this case constituted a provable debt or contingency, and was capable of being estimated, and that the discharge of the plaintiff was an answer to the claim. Learoyd, for the defendant.-There are no means of measuring the value of such a merely possible liability; the case comes within sect. 31 of the Bankruptcy Act 1819, which provides that where a debt or liability is incapable of being valued, in that case it shall not be provable. His HONOUR, in giving judgment, said the question raised in this case is of considerable importance to a class of persons who become sureties for the repayment of money borrowed by their principals from the various loan societies which are found established and increasing in number in this and other districts of the West Riding. The facts, as they were proved at the hearing, were that the plaintiff and defendant had become sureties to a money club, for a loan of £50, to one Sim Kaye, payable by instalments. The defendant, having become embarrassed in his circumstances, on the 24th Nov. 1870, filed a petition for liquidation by arrangement in this court, and subsequently to this, the principal being in default, the plaintiff, the solvent surety, paid, on the 17th Jan. 1871, a sum amounting to £54, a third of which he now seeks to recover from the defendant, on the ground that the liability of his co-surety for contribution on the failure of the principal is not a contingent liability, the value of which can be estimated so as to make it a debt provable within the 31st section of the Bankruptcy Act 1869. Under the former statutes, until the principal had made default, and the right to contribution had arisen by payment of more than the surety's share, no debt existed. To constitute a provable debt, the right of contribution must have arisen at the time of the bankruptcy of the co-surety, to enable the paying surety to prove under it, and hence a possible right of contribution existing at the date of the bankruptcy was held not a contingent debt within the contingent debt clause: (Ex parte Thompson, M. & Bligh 219). The Bankruptcy Act 1869, appears to be framed with the express object of leaving the bankrupt who has obtained his discharge, complete freedom from all debts and liabilities, present or future, certain or contingent, to which he was subject at the date of the order of adjudication; and the 31st section, under which the present question arises, provides for every "obligation," or "possibility of an obligation," which can be incurred by any express or implied engagement or agreement or undertaking to pay, or capable of resulting in the payment of money or money's worth, whether such payment be, as respects amount fixed or unliquidated, as respects time present or future, certain, or dependent on any one contingency, or on two or more contingencies, coupled however, with this limitation, that in the case of any debt or liability, which from its being subject to any contingeney or for any other reason, does not bear a certain value, such debt or liability, for the purposes of proof, shall be estimated by the trustee, and if any person is aggrieved by such estimate, he may appeal, and the court may, if it think the value of the debt or liability incapable of being fairly estimated, such debt or liability shall not be provable. The question that remains is, it being assumed that the future liability of one co-security to another, who, in the event of the principal's default, pays the amount for which the securities are jointly and severally liable, is a possible obligation within the 31st section, is it such a liability, the value of which can be " fairly estimated ?" The difficulty of attaching a defined value to a future contingent liability of the nature of that in this case, was fully considered in Thompson v. Thompson (2 Bing. N. C. 168), in which it was held that instalments for the payment of which a bankrupt is surety only, and which he covenants to pay in case of default of the grantor, are not, where they became due after his bankruptcy, provable under a fiat against the surety. Tindal, C. J., says, "The question is reduced to this simple point, whether the instalments of an annuity for the payment of which the bankrupt is surety only, and which he expressly covenants to pay in case of the default of the grantor, are provable under a fiat against the surety, where such instalments do not become due until the bankruptcy? Before the day of payment arrived these instala debt except in the event of the principal, the grantor, making default in the payment, but the value of such a contingency it is impossible to calculate. The liability of the surety would depend upon the power and the will of the principal to pay the first and subsequent instalments as they became due, and it is needless to say that such a contingency cannot be subjected to any known law of calculation." In the case now before me the only difference is that instead of an annuity for the payment of which the sureties are liable, it is a liquidated sum of money payable by instalments, the difficulty of valuation being the same in both cases-namely, as to the power and will of the principal while he remains solvent, to pay the instalments. And even in the event of the principal becoming bankrupt, there are no present means of determining how much his estate will pay, or what sum the sureties would be ultimately called upon to contribute. In the language of the judgment in Amott v. Holden (18 Q. B. Rep. 593), 'However great the hardship may be upon a surety that he should remain liable after he has surrendered all his effects upon a bankruptcy, the legislation has as yet provided no relief for him, as it has confined the discharge of the bankrupt to debts and liabilities which might be proved, and for which a dividend might be obtained under the bankruptcy, and no machinery is as yet provided for proof under the bankruptcy of the surety where there is a solvent principal." In all cases where there is a succession of payments dependent on a succession of contingencies, the difficulty of calculating with any reasonable certainty the value of such a contingent liability, so as to bring it within the statute, must be self-evident, and it was upon this ground that before the passing of the Bankruptcy Act 1869, it was held, under the former statutes, that after the bankruptcy of one of two sureties, for the payment of an annuity the co-surety paid the annuity, he could not prove against the estate of the bankrupt for the amount for which the latter was liable to contribute, and the bankrupt continued liable, notwithstanding his discharge under the bankruptcy: (Brown v. Lee, B. & C. 689; Clements v. Langley, 5 B. & A. 372.) Applying the principle which governed these cases to the present, I can come to no other conclusion than the contingent liability in this case cannot be estimated, and that the defendant's discharge, under the proceedings in liquidation, is not an answer to the plaintiff's claim. Looking, however, to the object of the statute, which was to provide against the future liability of persons obtaining a discharge under its provisions, I do not think that the present case is one for costs. Verdict for plaintiff, £18. OXFORD COUNTY COURT. Tuesday, March 19th. Re BATEMAN; Ex parte THE COUNTY OF T. A. Lister (of the Oxford circuit), instructed by Price and Son, of Burford, moved in this matter upon affidavits filed, under the 78th and following rules in bankruptcy, that inquiries might be made as to the title of the County of Gloucester Bank as equitable mortgagees of the real estate of the debtor, and that an account might be taken of the principal, interest and costs due, and that the premises comprised in the secu rities might be sold by auction on a day to be named by the court, and the purchase moneys paid to the said mortgagees, and that they might be at liberty, in case of there being a deficiency, to prove against the estate of the debtor, now in liquidation, and that the trustees might be restrained from declaring a dividend! until after such sale should have been made, and the amount received certified to the court. The facts disclosed by the affidavits are shortly these: J. M. Bateman, late of Bampton, draper, deceased, opened an account with the County of Gloucester Bank at Burford, and having overdrawn it in the year 1857, entered into an agreement, and deposited certain title deeds of premises at Bampton to secure the balance of his ruuning account, with interest, limited to the principal sum of £500, and this sum having been advance, he entered into a further agreement in 1862, and deposited certain other deeds relating to other premises at Bampton, for securing a like sum and interest. J. M. Bateman died in 1869, and by his will devised these premises specifically to his sou, T. E. Bateman, the debtor, who duly proved the will. Both J. M. Bateman and T. E. Batem in had paid several sums on account of principal and interest, but for the last two years nothing had been paid, and there was now due about £200. Lister having stated the facts, referred to the 72nd section of the Bankruptcy Act 1869, and particularly pressed upon his Honour that part of the application as to Messrs. Price having the conduct of the sale, as unless otherwise ordered, the trustee would be entitled to it, and referred to the analogous practice if a foreclosure suit had been instituted. He also called attention to the fact that T. E. Bateman had acted in the exeuntion of his father's will, and had paid a sum of £50 on account of this debt; and as the properties were expected to realise only about £700 or £800, he submitted that the bank were entitled to rank as creditors in the liquidation. HIS HONOUR.-The affidavit of Mr. Price says, "The said T. E. Bateman took upon himself almost individually, the debt and liabilities of his testator, and I have since been informed, and verily believe that the estate of the said J. M. Bateman was insolvent at the time of his decease." You cannot prove against the debtor until you have shown that he has assets in his hands as executor. Lister pointed out the payment of the £50 on account on 20th Feb. 1870, and argued that the debtor had made the debt his own. His HONOUR.-That would be taken to be a payment to keep down the interest. An administration suit would, I think, be required before the debtor could be liable. Lister thought very little would be got from the estate, and he would take his Honour's advice, and abandon that part of the application. He might state that the debtor and the trustees had been duly served with notice of the motion, and copies of affidavits. His HONOUR: I see; I have read the papers, and the order will be as prayed, except as to proof against the estate, and as a matter of form there should be a direction to pay the surplus (if any) to the trustees. Lister. And your Honour orders that Messrs. NEWPORT (MON.) COUNTY COURT. Liquidation-Application to take resolutions of His HONCUR: The registrar is bound to register the resolutions if he is satisfied that everything is regular. Lloyd then read an affidavit which he had made and filed in support of his application, and he then asked for an order. Batchelor (who appeared for the debtor) said the debtor was not present at the alleged meetings of creditors, neither had he anyone to present a statement of his affairs. Without such a statement no resolutions could be passed. His HONOUR: Your affidavit says he was there. Lloyd.-The statement was filed by myself as his attorney. Batchelor.-Tucker withdrew before a chairman was appointed. He had also withdrawn Mr. Lloyd's retainer to appear for him. now? His HONOUR.-What do you propose to do Batchelor. That the resolutions be not regis. tered. His HONOUR.-Then what is the next step? His HONOUR.-Supposing I rescind these resolutions, the creditors can file a petition for adju. dication. Parkinson (who appeared for a judgment creditor): I have done so. His HONOUR.--The act of bankruptcy is complete when the petition is filed. Batchelor said he had prepared an affidavit, but it was not filed. He then proceeded to argue the point, and referred to a case (Re Obband) tried in one of the Superior Courts, in which it was laid laid down that the foundation for resolutions must rest upon the statement of his affairs by the debtor. 160 His HONOUR.-Here is the statement signed "E. Tucker." Bachelor-That was after I gave my notice to withdraw. His HONOUR.-You have given this notice, and Loyd-They were in this position: two or Lloyd. Then he can bring an action if he has Batchelor.-It is filed at the same time as the His HONOUR.-How do you get rid of the act of bankruptcy? Batchelor. We don't intend to. His HONOUR.-Then what is the use of this proceeding? Batchelor. He says he made a mistake. He has a right to withdraw the petition for liquidation. His HONOUR.-Certainly not. See the effect of this. Mogford issues an execution. Debtor issues a restraining order to keep Mogford from getting his money, and for the purpose of defeating Mogford's claim. Batchelor. He is ready to pay Mogford and there is no proof of it. The only thing I could do After a good deal of further discussion, His HONOUR, after some little consideration, Batchelor asked for an appeal. His HONOUR.-I don't grant an appeal; I permit an appeal. You may appeal if you like. Lloyd.-Please to allow the costs. His HONOUR.-I'll allow the costs; and I'll go further, and say the debtor will be very ill-advised if he does appeal, as it will necessarily entail further expense. U. S. DIST. COURT, W. D. OF OHIO. (a) What constitutes an act of bankruptcy-Effect of This Opinion of the court by SHERMAN, J.-This is adjudication of bankruptcy rendered against this a petition, seekin for causes alleged, to have an insurance company. There is no question as to the insurance company being subject to the propute as to the facts. It appears from the petitions, visions of the bankrupt law, nor is there any disanswer, and evidence, that this insurance company has been in existence for a number of years, and Chicago on Oct. 9th. That the company sustained in good credit and condition until the great fire at a loss in that city of over 1,000,000 dols., while their capital and assets is but little over 200,000 dols. That about the 1st Nov. 1871, and after they losses, and after paying their running expenses had fully ascertained and knew the extent of their rent, and the salaries of their officers, agents and for the month of October previous including their the laws of Ohio, of all their assets, to three of solicitors, they made a deed of assignment under their stockholders, in trust, and for the equal benefit of their creditors. This state of facts, tions, would in my opinion render them subject to unexplained and uncontrolled by other considera. assets to be administered under the provisions of an adjudication of bankruptcy and cause their the bankrupt law. But it urged that the decision of Swayne, J. in the cases of Langhay v. Perry (2 B. Reg. 180) and Tearrin v. Crawford (2 B. Reg.181) renders such assignments valid. Those decisions establish the doctrine for an insolvent debtor to make a general assignment of all his property for the benefit of all his creditors an act of bankruptcy, it must be made on his part with the intent thereby to defraud and hinder his creditors, or with intent to defeat or delay the operation of the bankrupt law. It becomes a question of fact. The innocence or guilt of the act depends upon the mind of him who did it, and it is not a fraud within the meaning of the bankbeing the recognised law in this circuit, I am rupt law unless it was meant to be so. obliged to say, that the making the assignment by this insurance company was not necessarily an act of bankruptcy. It appears plainly and de cidedly from the evidence, that the officers and stockholders of this company when they ordered this assignment to be made were actuated with the most honest intentions, and with the laudable purpose of giving their creditors their entire assets. They meant no fraud; either legal or moral frand. But it is claimed by the petitioners that the payment of the rent of the premises occupied by them to Mr. Crittenden, and the permitting the secretary of the company and other agents of the their hands, were evidence of payment by way of company to pay their salaries out of money in preference to creditors, and therefore a frand upon the bankrupt law. If the proof satisfied me that those payments were made with an intent to make a preference in favour of these persons, and against the interests of and to the injury to the rights of the creditors, then I must decide that they constituted an act of bankruptcy. But the proof is not satisfactory. I find that by the payment of the rent, the forfeiture of the lease and the consequent loss of their office furniture and other property were avoided, and by subsequent acts of the company and its assignces certain valuable privileges and a considerable sum of money over and above the amount paid for rent, were saved and added to the assets. A failing or insolvent debtor has undoubtedly the right to pay out money or make changes in his property, before an actual adjudication of bankruptcy, if he does it in good faith without injury to the rights of his creditors, and especially as in this case when he saves property and increases the assets. Although there was no formal charge made in the petition, as to any other payment of the rent, yet proof was admitted and considerable stress was laid upon the payment of the secretary's salary and that of other officers and agents. It is true that the salaries of the secretary and those of agents were paid at the close of the month of October, and after the insolvency of the company was known, but they were paid in good faith, with no intent to prefer them, and in fact in every instance the sums paid were retained out of moneys in the hands of those agents, and on which they had a lien for their monthly salaries. The money received by Hessenmueller, the secretary, was for his own monthly salary, and that check as secretary and treasurer of the company, of the clerks in the office was paid by his own (a) From the Chicago Legal News. on the bank where the company account was kept, and he was the only person who could sign cheques, and this was done by him with no proof that the officers approved or sanctioned the act. Finding the law of the case thus settled and applying the facts proved to the law, I am satisfied that no act of bankruptcy, within the meaning ofthe bankupt law, has been committed by the insurance company, and I must dismiss the petition with costs. LEGAL NEWS. THE will of the Hon. Gowran Charles Vernon, barrister at-law, late Recorder of Lincoln, who died at his residence in Montague-square on Jan. 15th last, at the age of forty-two, was proved in the principal registry on the 6th ult. by his relict, the Hon. Caroline Vernon, daughter of the late Mr. J.N. Fazakerley, M.P., the acting executrix, power being reserved to his brother, the Hon. Fitzpatrick Henry Vernon. The testator was the second son of the late Lord Lyveden. The personalty was sworn under £25,000. The will is dated Aug. 10, 1871. The testator confirms his settlement on marriage, and bequeaths to his wife the whole of his property, both real and personal, "knowing that she will take good care of all their children in her lifetime and by her will." He has also appointed her guardian of his children during their minority. lated against in the Act referred to, were never- 66 THE CRIMINAL LAW AMENDMENT ACT.Last week a deputation from the late congress of Trades' Unionists at Nottingham waited upon Mr. Bruce at the Home Office by appointment, to urge the views of Trades' Unionists on the Criminal Law Amendment Act, in regard to the Act being used, as it was alleged, as an instrument of oppression by employers. Mr. Mundella introduced the deputation, and said that he had formed an opinion upon the Act that in its working it was most prejudicial to the workman. The first spokesman was Mr. George Howell, the secretary of the Trades' Union Congress Parliamentary Committee, and he laid before the Home Secretary a memorial and reports of the cases brought before the magis. trates. The memorial stated that the deputation was appointed by the Congress, which represented THE OFFICE OF QUEEN'S ADVOCATE.-The by delegation Trades' Unionists to the number of Lords of the Treasury having determined to adopt over 375,000, and indirectly nearly as many more. the system of remunerating the Attorney-General They submitted that the new law called the and the Solicitor-General by salary in lieu of fees Criminal Law Amendment Act was founded on (except so far as regards professional fees for the presupposition of criminal intentions on the contentious business) and abolishing complipart of that large section of Her Majesty's sub-mentary briefs and payments for services not jects known as Trades' Unionists; and this intended to be given," a further Treasury minute in itself was an act of injustice, caused by was made on the 22nd Jan, in which, after referan imperfect knowledge as to the aims, ob- ring to the minute relating to those functionaries, jects, and working of those societies. They and observing that no reference was made in it to submitted, also, that any act of violence against the office of Queen's Advocate, which is analogous person or property, either by an individual or by in many respects to the offices of Attorney and combination, was fully met by the common law of Solicitor-General, " my Lords record their opinion assault, and by the general statute and common that whenever a vacancy shall be occasioned by law, such as were applied to the other subjects of the retirement of the present holder of that office the realm; and that, therefore, the application of it will be desirable that the subject should be special legislation to acts committed by that considered in order to see whether an arrangement numerous and influential section the artisan similar to that which has been made in the case of classes could not but be regarded by them as a the law officers ought to be effected in regard to special wrong, inasmuch as they were as incapable the remuneration of the Queen's Advocate, or as any other portion of Her Majesty's subjects of whether a Bill should be introduced into Parlia openly or secretly violating either the letter or the ment, or other means taken to abolish or alter his spirit of the laws of the land. Then the memo- office." rialists most respectfully called attention to the eases which had been already tried under this new law, and submitted that great injustice, and even cruelty, had been inflicted by the way the law had been interpreted and enforced. With regard to the cases of violence which had occurred, the deputation had no word of apology to offer. These were and should be punishable. Reports of these cases taken from the newspapers were appended to this memorial, and they more especially drew attention to the Bolton case, both as it was presented to the magistrates and on the hearing of the appeal before the Recorder. All the other cases which had occurred in which violence was used were, in point of law, assaults. They further submitted that even were the law found to be and class-made Act. necessary in order to reach and punish a class of PREACHING "PENDENTE LITE."-The case of Reg. v. Edmonds came before Willes, J., at Chambers, on an application by Mr. Edmonds, solicitor, of Newent, Gloucester, charged both with the murder and manslaughter of his wife some years ago, to remove the indictment or indictments from the Gloucester Assizes, shortly to be held, to the Central Criminal Court, on the ground that from the prejudice created he could not have a fair trial. Among the reasons urged was a sermon by the vicar of Newent, as also comments in the local newspapers. Willes. J. said he had been struck by the sermon of the vicar, and looked for some explanation. His Lordship read some portions from a printed copy, and expressed a hope that the Bishop of Gloucester and Bristol in his next charge would warn his clergy from preaching on a pending trial. His Lordship remarked that if newspapers were prevented from commenting on existing cases he thought that clergymen should adopt a similar course. The summons was adjourned to Thursday for affidavits in answer to the application. THE LICENCE OF COUNSEL.-The Devon Lent Assizes terminated yesterday. It is gratifying to reflect that no heinous crimes, such as sometimes appal the heart of humanity, were tried. The cause list was what the lawyers call a "moderately good one." It contained twelve cases; but, as was said of the five loaves and two fishes, in view of the hungry multitude, what were these twelve briefs among so many expectant and briefless barristers? The most interesting case of the assize was the breach of promise from Buckfast leigh. It was heard before Baron Martin, who is a noble-hearted judge, whose sympathies are always tender and true, and who often sinks the lawyer in the man. The Buckfastleigh "jilting" case naturally attracted much attention, especially among the "dear creatures." The plaintiff is a young lady, of humble position, and the defendant is a young gentleman, with "great expectations." The theory of the defence was that the young person was more enamoured with her "lovyer's" expectations than with his personal attractions-he being somewhat daft," and at the time of the promise drunken. This theory was skilfully built up by Mr. Sobey, one of fertile old Exeter's remarkable young lawyers, some material bricks in the artistic edifice being supplied by Mr. William Morgan. We mention this gentleman's name on account of the unjustifiable attack which was made upon him by Mr. Queen's Counsel Cole in his summing-up speech to the jury. Mr. Cole, in the excess of his barristerial zeal, evidently forgot himself. We only hope that the learned gentleman did not get his instructions to defame a respectable and talented fellow citizen from the " attorney on the other side." No doubt, counsel are very properly allowed a due share of license; but when learned gentlemen descend to epithets, such as Mr. Cole used, but which he adduced no evidence whatever to sustain, and this, too, merely because Mr. Morgan did what the most honoured names in the legal profession do every day-viz., search out evidence in favour of his employers-we really think that the usual accredited barristerial license becomes unlicensed "jaw," and should not be recognised in any court of English judicature. Mr. Cole, as an honourable professional man, will doubtless see, on reflection, that he has made a grave mistake.-Exeter Evening Post. 1. On Relief in Equity against Forfeitures. 2. On the Doctrine of Equity concerning Mortgages. 3. On Charitable Trusts. An Advanced Course. 1. On Implied Trusts. 2. On the Equitable Doctrine of Conversion. 3. On Resulting Trusts. In the Elementary Private Class the subjects discussed will be-The Rights and Liabilities of Married Women. In the Advanced Private Class the Lectures will comprehend-The Administration of Assets, Personal and Real. THE LAW OF REAL PROPERTY, &C. The Reader on the Law of Real Property, &c., proposes to deliver, in the ensuing Educational Term, Twelve Public Lectures (there being Six Lectures in each Course) on the following subjects: Elementary Course. 1. On the usual form of Mortgages of Freeholds and Leaseholds; the Nature and Incidents of the Mortgagor's Estate; the Remedies of the Mortgagee; and the Provisions of Lord Cranworth's Act as to Mortgages. 2. On the Doctrine of Priority as between several Incumbrancers. 3. On Conditions of Sale and the Judicial Construction of the Clauses usually Introduced therein in the Sale by Public Auction of a Freehold Estate in Lots. JURISPRUDENCE, CIVIL, AND INTERNATIONAL LAW. The Reader on Jurisprudence, Civil, and International Law, proposes to deliver, during the ensuing Educational Term, Six Public Lectures on 1. The Roman Law relating to Obligations arising from Contract, contrasted with the English and French Law on the same head (in continuation). (1.) The Contract of Letting to Hire (locatio conductio.) (a) The Right of the Tenant to Compensation in respect of Improvements, according to the Roman, French, and English Law respectively, and particularly according to the Landlord and Tenant (Ireland) Act 1870. (2.) The Contract of Partnership (societas). (a) The principles of the Law of England and France relating to Joint-Stock Companies. 2. The International Law relating to Capture by Sea and by Land. In his Private Class the Reader will discuss Tutela and Curatela, and the corresponding portions of English and French Law. He will use as Text-books Sandars' edition of the Institutes, Demangeat, Cours élémentaire de Droit Romain, and the Commentary of Demolombe upon the Code Napoléon. The Reader will also discuss, in the Private Classes, points of International Law relating to the Rights of Neutrals, using Wheaton's Elements of International Law as the Text-book, and referring to the works of the principal modern Jurists, the decisions of the Admiralty and Prize Courts of England and America, the Debates in Parliament, and State Papers relating to the cases under discussion. The Reader will also especially discuss :1. The Modifications made in the Treaties of Vienna since 1815. 2. The Alabama claims - The English and American Cases considered. 4. Criminal Courts of Appellate Jurisdiction. With his Private Classes the Reader will consider in detail the above Subjects, and illustrate them by cases, and by reference in the following books: Elementary Class-Commentaries on the Laws of England, by Broom and Hadley, (vol. iv.); Archbold's Criminal Pleading (last edition.) Advanced Class Russell on Crimes (by Greaves); Greaves's Edition of the Criminal Law Consolidation and Amendment Acts. LAWS IN FORCE IN BRITISH INDIA. The Reader on Hindu and Mahomedan Law, and the Laws in force in British India, proposes to deliver, in the ensuing Educational Term, a Course of Six Public Lectures on the following subjects, viz : Laws in force in British India. 1. Introductory Lecture. 2. The Civil Procedure Code. 3. The Succession Act. 4. Penal Code. 5. Penal Code (continued.) 6. Criminal Procedure Code. In the Private Class the Reader will discuss minutely and in detail the subjects embraced in his Public Lectures, illustrating them by decided cases. EXAMINATION ON THE SUBJECTS OF LECTURES The examinations for exhibitions on the subjects of lectures and classes delivered in the three educational terms, 1871-2, will commence on Monday, the 1st July, at Lincoln's Inn Hall. Students who propose offering themselves for examination must enter their names on or before Saturday, the 1st June next, at the Steward's Office. Lincoln's Inn; and a reader's certificate of having duly attended the lectures and classes on the subjects in which a student offers himself for examination must be sent to the Council of Legal Fducation at Lincoln's Inn, on or before Thursday, the 20th of June. Students having duly attended the lectures and classes of one or more of the readers from the Michaelmas Term preceding the July examination, are qualified to enter for examination on such subjects, but they are not allowed to enter for the elementary and advanced examination on the same subject; provided always that the terms they have kept do not exceed the limits prescribed by clause 40 of the Consolidated Regulations of the Inns of Court. Students who have passed an examination under the 45th clause are not eligible to enter for the July Examination under the 39th clause of the Consolidated Regulations. Students who have obtained exhibitions under clause 39 are not eligible to enter again at a subsequent examination on the same subject. The examinations for the exhibitions will be partly oral, and partly in writing by means of printed papers of questions. The following days and hours have been set apart for the said examination Monday morning, the 1st July, at ten to one, By Order of the Council, The Public Lectures on Constitutional Law and Legal History, at Lincoln's-inn Hall, on Wednesdays. 2 p.m.; the first lecture on the 17th April. The Private Classes on Tuesdays, Thursdays, and Saturdays, at 10 a.m.; first class meets on the 18th April. The Public Lectures on Equity, at Lincoln's-inn Hall, on Thursdays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.); the first lecture on the 18th April. The Private Classes on Mondays at 3.45 and 4.30 p.m., Wednesdays and Fridays at 3.15 and 4.15 p.m.; first class meets on the 19th April. The Public Lectures on the Law of Real Property, &c., at Gray's-inn Hall, on Tuesdays (Advanced Lecture at 2 p.m.; Elementary Lecture at 3 p.m); the first lecture on the 16th April. The Private Classes on Mondays, Wednesdays, and Fridays at 11.45 a.m. and 12.45 p.m.; arst class meets on the 17th April. The Public Lectures on Jurisprudence, Civil and International Law, at the Middle Temple Hall, on Fridays, at 2 p.m.; the first lecture on the 19th April. The Private Classes on Tuesdays and Thursdays at 3.45 p.m., Saturdays at 2 p.m.; first class meets on the 20th April. The Fublic Lectures on the Common Law, at the Inner Temple Hall, on Mondays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.); the first lecture on the 15th April. The Private Classes on Tuesdays, Thursdays, and Saturdays-Elementary at 11.45 a.m., and Advanced at 12.45 p.m.; the first class meets on the 16th April. The Public Lectures on Hindu, Mahommedan Law, and the Laws of India, at the Middle Temple Hall, on Saturdays, at 10.45 a.m.; the first lecture on the 20th April. The Private Classes on Mondays, Wednesdays, and Fridays at 10 a.m.; first class meets on the 22nd April. The Educational Term commences on the 15th April, and ends on the 31st July. The Lectures and Classes will be suspended after Wednesday, the 8th May, and be resumed at the appointed days and hours on and after Tuesday, the 28th May. The first Public Lecture of this course will be delivered by the Reader on Common Law on Monday, the 15th April, at 2 p.m. The first meeting of each Private Class will take place on the usual morning or evening of meeting after the first Public Lecture on the same subject, and the same rule will be observed after the recess. Students who have been unable to attend a Lecture or Class of either of the Readers, and desire dispensation as a qualification for Call to the Bar, should make application, with an explanation of the cause of such absence, in writing, to the Reader during the course, or immediately after the delivery of the last Public Lecture of the course; and the Reader's report thereon, together with the application, will be forwarded to the Council of Legal Education, who alone have the power of granting dispensation. CORRESPONDENCE OF THE PROFESSION. NOTE.-This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. the letters on this subject which have appeared in your valuable paper, and I am sorry that such an important discussion should have degenerated so May I, therefore, as a clerk, apologise on behalf far as to become a mere bandying of personalities. of lawyers' clerks generally, for the indiscretion of those gentlemen who allowed contempt to usurp the place of prudence and calmness; and at the rescind the editorial note attached to "An Adsame time, may I crave that you will kindly mitted Man's' letter, and allow me to state my views of the formation of such a society, so that, at least, the discussion may be ended in an honourable manner. While agreeing of the gentlemen whose letters have preceded with the general working proposed by two or three mine, I would suggest that instead of waiting for a national organisation to burst, fully ripened, in this matter should at once form local associa upon them, the earnest clerks who are interested tions in their own towns, which associations might afterwards unite in districts, and gradually, national whole. I do not advocate strife, neither as they became important, merge into one grand do I think that the great end of ameliorating the condition of lawyers' clerks, will be attained by opposition to their employers, but only by working for their common good, earnestly, yet calmly. I shall feel much obliged if you will have the goodness to insert this, and I respectfully subscribe myself, A LAWYER'S CLERK LAWYERS' CLERKS' ASSOCIATION.-I have read 121. SUCCESSION DUTY.-A., by will dated in 1826, devises real estate to his son in fee, subject to an annuity in favour of A.'s wife during her life. The son succeeds, and dies in 1856 (in the lifetime of the widow) having devised the same estates upon trusts for sale. Legacy duty is paid under his will upon the proceeds of sale of a portion of the property and upon the value of the part unsold, less only the value of the annuity to the widow. The widow dies in 18. Part of the property remaining unsold has been now contracted to be sold, and the purchaser requires that duty should be paid upon the increase of benefit by the extinction of been paid, under the will of the son, upon the whee the annuity. The vendor contends that duty having estate, deducting only the value of the widow's life interest, no further duty is payable. But the purchaser insists that the legacy duty, paid under the will of the son, is beside the question, as the succession duty Will one of your corres B. S. C. pondents state his views of the matter. attaches under the will of A. LAW SOCIETIES. SUNDERLAND LAW STUDENTS' SOCIETY. THE inaugural meeting of this society was held on Tuesday the 12th inst., Mr. A. A. Rees, jul., prosiding, when Mr. John Robinson read a paper on Legal Education. The next meeting was held on Tuesday, the 19th inst., Mr. W. Halers presiding, when the subject for debate was Does the Married Women's Property Bill of 1870 meet the requirements of the times ?" Mr. Rees opened in the affirmative, and The Council have resolved that in no case shall was followed by Mr. John Brewis in the negative. Students be allowed to change from the Elemen- Several members having spoken on the subject, tary to the Advanced Course of Lectures and and Mr. Rees having replied, the chairman then Classes, or vice versa, while qualifying for Call summed up, and on the question being put to the to the Bar, or for the Examinations on the sub-meeting it was decided in the affirmative by a jects of the Lectures. majority of four. YORKSHIRE LAW SOCIETY. AT a general meeting of the society, held at the Royal Station Hotel, York, on Tuesday, the 19th March, 1872, John Holtby, Esq., President, in the chair. The following report was read:-Since the last meeting, a deputation from this society consisting of the president, the vice-president, and the honorary secretary, accompanied by other members of the society, attended the annual provincial meeting of the Metropolitan and Provincial Law Association, at Newcastle-upon-Tyne, in the month of October last, on which occasion many subjects of interest to the profession were discussed. Amongst these the question of 1. Professional remuneration.-Received a large share of attention, and though many opinions were expressed upon the scales of charges which had been previously submitted to the profession for consideration, the matter still remains open for discussion, no plan having yet been presented which can be said to be satisfactory-the scale for large transactions being too high, and that suggested for smaller matters not being sufficient to meet the ordinary exigences of such cases. Your committee are of opinion that no fixed scale of per centage will equitably meet the variable circumstances of every day conveyancing practice. 2. Legal Education.-The subject of legal education and the establishment of a school of law has been much discussed, and whilst your committee is of opinion that it is highly expedient, with a view to improve the status of the Profeesion, that the best education should be given to those who desire to enter its ranks, they nevertheless think that it is not wise to adopt any course which shall break down the division which now exists between the Bar and your Profession, and they have not therefore been enabled actively to promote any of the schemes hitherto propounded for improving the character of the legal education of its members. The measures which have been introduced into Parliament during the present session are not of such importance as to call for any lengthened comment, or (with few exceptions) to require vigorous action on the part of your members. Some, however, need to be noticed. I. Public Prosecutors.-A Bill on this subject has been again introduced into the House of Commons. It presents the same objectionable features as existed in former Bills on the same subject. Nothing has occurred since the matter was before discussed to induce your committee to look more favourably on the scheme, and believing that its adoption would be attended with a very large and unnecessary outlay-extensive useless Government patronage-unjustifiable interference with the existing rights and privileges of the Profession-and the utter destruction of a provincial sessional Bar, your committee cannot do otherwise than recommend you, as heretofore, to petition against the Bill. II. Ecclesiastical Courts and Registries Bill.The Ecclesiastical Courts Bill seeks to regulate by one Act the system of judicature of the English Ecclesiastical Courts, but your committee are of opinion that the Bill, if it became law, would not be the means of effecting any considerable reform in the practice and procedure of these courts. The Bill does not materially interfere with the existing diocesan and provincial courts, and the appeal from the latter to the Queen in Council, and it is difficult to conceive, after a perusal of the Bill, that any greater advantage could accrue either to the public or to the suitors which might not be effected by properly carrying out the provisions of the Church Discipline Act. The latter Act empowers the Ecclesiastical Judges to regulate the process and proceedings of their courts by new rules of practice. If this were done, and rules similar to those which control the proceedings of the Courts of Common Law duly enforced, a reform almost equal to any contemplated by the Bill would be effected. The committee draw the attention of the members more particularly to part 20 of the Bill under the head "Practitioners," as more immediately affecting the interests of the Profession; the 122nd and 123rd sections secure to solicitors the right of advocacy in the diocesan courts, and the right to practise as proctors in the diocesan and provincial courts. The Bill, when it passed the second reading in the House of Lords, contained two most objectionable clauses-the 80th and 81st sections. By these sections it was provided that-on and after 1st Jan. 1873, all the registers of each diocese in England and Wales which are older than twenty years should be transferred into the custody of the Master of the Rolls, and placed in the Public Record Office of London for public use, under the regulations in force there, pursuant to the Public Record Act (1 & 2 Vict. c. 94), and that from and after the same day all the parochial registers and other documents relating to the registration of births, deaths, and marriages, which are upwards of twenty years old, and deposited in the several parishes of England and Wales, should likewise be transferred into the custody of the Master of the Rolls and placed in the Public Record Office in London. In the opinion of your committee no ground whatever exists for the transfer of such registers to London, and great public inconvenience would be occasioned thereby; the expense of searches for and obtaining copies of the entries in such registers, and of proving the same to be true copies, would be materially increased without any corresponding advantage to the public. These clauses were afterwards strongly opposed, and thereupon withdrawn; but, inasmuch as Lord Romilly has intimated his intention of again raising the question on the third reading of the Bill, your committee recommend that a petition against these clauses should be presented in the event of their being again introduced into the Bill. III. Real Estates Titles Bill.-A Bill intituled "a Bill to amend and extend the Act to facilitate the proof of Title to, and conveyance of, Real Estates," has been introduced into the House of Commons. Its object is to enable persons entitled to apply for registration of the title to land of freehold tenure, to apply for a declaration of the title to such land in the manner prescribed by the Act of 25 & 26, c. 53; and it is provided that whenever any such declaration has been made, every subsequent purchaser for valuable consideration of the land mentioned in such declaration, or of any part thereof, or of any interest in such land, or of any part thereof, from, through, or under any person whose title has been thereby declared or established, shall be deemed to hold the same for an estate in fee simple, or for such less estate as may be conveyed to such purchaser under the title declared or established by such declaration, but with the reservations and subject to the qualifications and incumbrances, if any, appearing in the declaration, and to the estates, and incumbrances, if any, created or arisen under the same title, since the date of the declaration, and subject also to such charges and liabilities, if incumbrances, but free from all other estates, any, as are by the principal Act declared not to be incumbrances, claims, and interests whatsoever, including all estates, interests, and claims of Her Majesty, her heirs and successors. It will be perceived that this Bill is permissive only, and as the process of obtaining a declaration of title will be nearly as expensive as that under the original Act of which it is intended to be a supplement, it may be confidently assumed that, if passed, it will be like its predecessor, wholly abor tive, and utterly useless. Your committee recommend a petition against the Bill. IV. Charitable Trustees Incorporation Bill.-A Bill to facilitate" the incorporation of trustees of charities for religious, educational, literary, scientific, and public charitable purposes and the enrolment of certain charitable trust deeds," has been introduced into the House of Commons. By this Bill it is proposed to be enacted that it shall be lawful for the trustees or trustee for the time being of any charity for religious, educational, literary, scientific, or puplic charitable purposes, or any three or more persons interested therein, to apply to the Charity Commissioners for a certificate of registration of the trustees of any such charity as a corporate body, and upon such commissioners being satisfied that there is no just reason why such certificate should not be granted, such commissioners shall grant the same, and the trustees of such charity shall thereupon become a body corporate by the name described in the certificate, and shall have perpetual succession and a common seal and power to sue and be sued in their corporate name, and to hold and acquire, convey, assign, and demise any present or future property, real or personal, belong. ing to or held for the benefit of such charity, in such and the like manner, and subject to such restrictions and provisions as such trustees might, without such incorporation, hold or acquire, convey, assign, or demise the same for the purposes or such charity. Provision is also proposed to be made for the enrolment in Chancery of deeds which have been accidentally omitted to be enrolled in due time. Your committee are of opinion that the passing of this Bill would be very advantageous, and therefore recommend a petition in its favour. V. Evidence Law Amendment.-This Bill, introduced into the House of Commons, is intended to simplify the law of evidence. It contains many provisions which would materially affect the administration of the law. By it, accused persons would be competent but not compellable to give evidence. Husbands and wives in every proceeding, both civil and criminal, to be competent and compellable to give evidence for or against each other, provided that any communication made by husband or wife to the other during their marriage shall be deemed a privileged communication. A barrister, solicitor, attorney, or clergyman of any religious persuasion, shall not be bound to disclose any communication made to him confidentially in his professional character. A witness is not to be excused from answering on the ground of criminating himself, but no answer so given shall be used against him in any criminal proceedings, or in any proceeding for a penalty or forfeiture. The improper admission or rejection of evidence shall not be ground of itself for a new trial or for the refusal of any decision in any case, if it shall appear to the court before whom such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that if the rejected evidence had been received, it ought not to have varied the decision. A witness shall not be bound to produce any document in his possession not relevant or material to the case of the party requiring its production, nor any confidential writing or corre spondence which may have passed between him and any legal professional adviser. An impression of a document made by a copying machine shall be taken prima facie to be a correct copy. Many other Bills, such as The Court of Chancery (Funds) Bill, Municipal Corporations (Borough Funds) Bill, Municipal Corporation Acts Amendment Bill, and The Municipal Officers Superannuation Bill, have received and will continue to receive the anxious attention of your committee. It was then unanimously resolved 1. That the report of the committee now read be received and adopted. 2. That the donation of £10, made by the committee to the widow of a solicitor recently killed, who was not a member of the society, be approved; and that the donation of £10 to the widow of a former member be granted in accordance with the recommendation of the committee. COMPANY. LAW UNION FIRE AND LIFE INSURANCE THE annual general meeting of the shareholders of this company was held at the chief office, No. 126, Chancery-lane, London, James Cuddon, Esq., notice convening the meeting, and the following in the chair. Mr. Frank McGedy (the secretary) read the report of the auditors: 4th March, 1872. To the Directors of the Law Union Fire and Life Insurance Company. Gentlemen,-At the conclusion of our audit of the accounts of the above company for the year ending Nov. 30, 1871, we beg to report that we have been carefully through the books of accounts, and have found them to be accurately kept, and to authorise the present balance sheet. "We have examined the registers of mortgages deeds which were produced to us by the solicitor, and reversions with the mortgage and purchase and find that those deeds vouch for all the corresponding investments which appear in the balance sheet. tained by letter from the Bank of England that the amount of stock which appears on the balance sheet is standing in the names of the company's trustees. We are, gentlemen, yours faithfully, "FRANCIS WORSLEY, "We have also to state that we have ascer "THEODORE WATERHOUSE,} Auditors." On the motion of Mr. M. J. Geoghegan, seconded by Mr. Mark Waters, the directors' report and accounts, which had been circulated, were taken as read. [A copy of these documents is held over till next week.] The Chairman said-Gentlemen, the accounts now presented to you are in new forms, being those prescribed by a recent Act of Parliament applicable to companies transacting both fire and life business. It is very important to bear in mind that the capital and funds in each department are perfectly distinct, and that by special arrangement in the deed of settlement, and conditions on the policies, the life assurance fund can never under any circumstances be liable to fire losses. (Hear, hear.) Although our fire business is of a very safe and non-speculative description, life assurers generally will think this provision satisfactory and desirable. You will observe that the general result of the year's operations is an accumulation of upwards of £36,000, a larger surplus, I think, than has arisen in any former year. This surplus includes a sum of £3750, or thereabouts, being the profit realised on reversions purchased by the company, which have fallen in during the year. This profit arises after deducting interest on the purchase money of such reversions; so, in truth, greatly increasing the average rate of interest on the company's investments for the year much beyond £4 5s. 1d. per cent., the rate stated in the report. The rate of interest would have been higher but for the fact of sums amounting to about £20,000 being sometime on deposit receipt at only about £2 per cent. I need hardly say this is sometimes unavoidable, for it is scarcely possible to make investments without sustaining some intermediate loss of interest. A very excellent leading article relating to insurance offices appeared in the Times a few days since, in which attention was called to the fact that, notwithstanding the general prosperity of the country, life insurances had fallen off to the extent of about 10 per cent. during the |