Courts should keep in view is a distinction, not between contract and testament or tort and crime, but between act and act.-Law Journal.

NOTES OF CASES.

HIGH COURT OF JUSTICE.
CHANCERY DIVISION.

(Before LORD ASHBOURNE, C.)

In re BELAS, ONE OF THE SOLICITORS.

June 28, 1890.-Solicitor, striking off the roll-Non-pay. ment of client's money-Publication of proceedings.

Application, on behalf of the Incorporated Law Society, for an order that Mr. Abraham Belas, solicitor, should answer certain matters complained of, or, in default, that he be removed from the roll of solicitors.

An affidavit was made by Mr. Wakely, solicitor, Secretary of the Incorporated Law Society, stating that Mr. Belas, under power of attorney from Mr. Graham, & local judge in India, received a sum of £400, which amount he was to have remitted to Messrs. Cootes and Company, to be placed to the credit of Mr. Graham's account; but having failed to do this, Mr. Littledale, solicitor for Mr. Graham, applied to Mr. Belas for payment of the money. Mr. Belas sent Mr. Littledale a cheque dated the 19th of April last, on which day Mr. Littledale presented the cheque at the bank, but it was dishonoured. Mr. Littledale then presented a petition on which the Master of the Rolls made a fourday order for Mr. Belas to pay the money. Meanwhile, Mr. Belas was adjudicated an absconding bankrupt. Owing to his having absconded, he could not be served with the notice of motion.

Shekleton, Q.C. (instructed by Mr. Wakely), in support of the application.

[LORD ASHBOURNE, C.-The matter is one of public notoriety, and it is not to be supposed that I am not aware of what is passing around us.]

In that case, we shall apply for an order absolute in the first instance.

LORD ASHBOURNE, C.-It would be going to the other extreme to grant an absolute order eo instanti, but I shall order that, if cause be not shown by this day fortnight, the Incorporated Law Society may apply to strike Mr. Belas forthwith off the rolls, and that notice of this order shall be published in three Dublin papers and two London papers. I may mention that I observe that recent orders made by me against solicitors were not published in the daily Prese, and as it is desirable that every possible element of publicity should be imported into these cases, as a warning, I think every such case should be reported in the newspapers. It is the duty of the Incorporated Law Society, under the haud of their secretary, to insert such publications.

Shekleton, Q.C.-The Society find it difficult to get some of these cases reported, unless they put them in as advertisements.

LORD ASHBOURNE, C.-They are bound to do that if necessary.

QUEEN'S BENCH DIVISION.

(Before HARRISON, JOHNSON, and HOLMES, JJ.)
In re ROBINSON.

June 27, 1890.-County Cess-Collector-Magistrates' warrant 6 & 7 Wm. IV., c. 116, s. 152-14 & 15 Vic., c. 98, s. 25.

Application, on behalf of Mr. James D. Robinson, barony constable of the barony of Liney, county Sligo, for a conditional order for a mandamus directed to Col. Stewart, R.M., and the other magistrates in the Tubbercurry Petty Sessions district, directing them to issue certain warrants obtained by the applicant for the collection of county cess to the police, pursuant to the 25th section of the Petty Sessions Act. The affidavit

of the applicant stated that they were bound under the provisions of the Grand Jury Act to address the warrant to the barony constable himself.

Fetherstonhaugh, in support of the motion, submitted that the course taken by the magistrates was contrary to the decision of the Exchequer Division in the case of Jones v. Barry, 23 Ir. L. T. Rep. 28, in which it was decided that the Petty Sessions Act repealed the provisions of the Grand Jury Act, and on which the magistrates acted.

The COURT did not consider the applicant's affidavit sufficiently explicit to warrant their granting the order asked for.

Fetherstonhaugh said the application would probably be renewed on fuller affidavit.

EXCHEQUER DIVISION.

(Before MURPHY, J.) SMITH-BARRY v. HANLEY.

June 23, 26, 1890.-Practice-Equitable receiver, appointment of Salary of workhouse chaplain.

Motion, on behalf of the plaintiff, to appoint an equit. able receiver over the salary of the defendant, the Roraan Catholic chaplain of Tipperary workhouse. The motion had been adjourned in order to enable the defendant to be served with notice by registered letter. Cherry, in support of the motion.

C. O'Connor, for the Poor Law Guardians, contra, contended that the salary of a civil servant could not be captured.

[MURPHY, J.-I do not consider the defendant an officer of the civil service at all.]

The section of the Act extends to salaries of all people in public departments.

(Before O'BRIEN, C.J., HARRISON, JOHNSON, and MURPHY, JJ.)

In re GALWAY COUNTY INFIRMARY PRESENTMENT. June 28, 1890.-Presentment - Maintenance of county infirmary-No duly appointed surgeon in charge-6 & 7 Wm. IV., c. 116, s. 85.

Case reserved by Murphy, J.-It appeared that at the last Galway Assizes a resolution was proposed by one of the Grand Jurors, and duly seconded, that a presentment for £300 for the support of the county infirmary should be passed. An amendment was moved to the proposal, that the presentment should be rejected; but upon a vote being taken the presentment was declared carried. The question of the legality of the presentment came subsequently before Mr. Justice Murphy. It was con. tended by counsel representing Dr. Pye, a cesspayer, that there was no power to pass the presentment, iuasmuch as there was uo duly appointed surgeon of the infirmary, Dr. Colohan, who was then in charge of the institution, not having been duly elected. The following question was, accordingly, reserved:-Whether a presentment for the support and maintenance of the infirmary can legally be passed and fiated, although there be no duly appointed surgeon in charge of the institution?

The Macdermot, Q.C. (Joyce, with him), in support of the presentment, submitted that under the 85th section of the Grand Jury Act all that was necessary to carry

the presentment was to show that a certificate, duly signed by the surgeon of the infirmary, stating the number of intero and extern patients, and the amount expended since the last presentment, was lodged before the last presentment sessions. All this had been found, by the case stated by Mr. Justice Murphy, to have been regularly done, assuming that Dr. Colohan was in a legal position to do so.

J. F. Taylor, on behalf of Dr. Pye, contra, was not called on.

The COURT beld that, having regard to the statement of Mr. Justice Murphy, Dr. Colohan was not duly elected surgeon to the infirmary-he was, in point of law, an intruder; and that, accordingly, the presentment should not be fiated.

(Before O'BRIEN, C.J., HARRISON, JOHNSON, MURPHY, and ANDREWs, JJ.)

In re BAILIE'S PRESENTMENT.

June 28, 1890.-- Presentment-Juries Act, 1871-Expenses incurred by Sheriff in carrying Act into execution.

Cose reserved by Harrison, J.-At the Dundalk Spring Assizes an application was made by Mrs. Bailie, widow of the late Mr. J. C. Bailie, sub-sheriff of the county of Louth, for a direction to the grand jury as to whether or not they should make a presentment for £52 to the applicant for expenses incurred by Mr. Bailie in carrying into execution the Juries Act of 1871. It appeared that the grand jury had made a presentment for similar expenses during the two preceding years; but, inasmuch as the auditor questioned the propriety of passing such presentments, the grand jury sought the opinion of the learned judge, who stated the case in court,

Overend, Q.C. (Stanley, with him), in support of the presentment.

Decision deferred.

O'BRIEN, C.J.-The 16th section of the Act provides for the payment of the expense of printing done in pursuance of the Act, and any other expenses attending the execution of the Act, so far as the same should be incurred in connection with the duties imposed upon the Clerk of any Poor Law Union. It is theu enacted that it should be lawful for the grand jury, without previous application at Presentment Sessions or otherwise, to present all such sums of money as they should deem reasonable and necessary for defraying the expenses of any printing done in pursuance of this Act, and any other expenses incurred in the execution of the Act other than those defrayed out of the rates by the guardians of the poor; and also such sums by way of compensation to the collectors of poor rates, clerks of the peace, Collector-General of Rates, and revising barristers in the City of Dublin, for the duties imposed upon them by the Act. The sheriff is not referred to at all in this section, and it is to be observed that the duties imposed upon him are not mentioned in any preceding section of the Act, but came after the 16th section. Further, in a later section it is provided by the Act that the expense of serving summonses incurred by sheriffs should be defrayed as therein provided, showing that it was necessary to have specific provision for the payment of sheriffs' expenses where it was intended that such expenses should be defrayed. The majority of the Court are of opinion that the section was not intended to apply, and does not apply to expenses incurred by the sheriff, and that, therefore, the preseutment should not be fiated. ANDREWS, J., dissented.

ADMISSION OF SOLICITORS.

Messrs. Thos. T. W. Armstrong, son of Mr. George R, Armstrong, J.P., Lisdrum House, Newry, County Armagh, and Joseph J. Biggar, son of the late Mr. Joseph G. Biggar, M.P., have been admitted Solicitors of the Court of Judicature.

NOTES OF ENGLISH CASES. [From the Law Journal.]

SUPREME COURT OF JUDICATURE.
COURT OF APPEAL.

(Before COTTON, BOWEN, and FRY, L.JJ.)
Re PALMER.

June 18.-Solicitor and client- Mortgage-Agreement as to costs-Mortgagee's costs-Reference for taxation-Solicitors' Remuneration Act, 1881 (44 & 45 Vict. c. 44), ss. 1 (subs. 3), 2, 8 (subs. 1, 4).

Appeal from decision of North, J.

In January, 1884, Slater, wishing to raise £300 on mortgage, wrote to Palmer, a solicitor, as follows: "I hereby request and instruct you to raise or endeavour to raise for me the sum of £200 at 10 per cent. per aunum on the security of all my estate and interest under the will and in the property of the late Thomas Seymour; and I hereby undertake to pay your costs (which I agree at £20, exclusive of costs out of pocket) incurred and to be incurred in or about doing what is necessary in your opinion for the purpose of carrying out these instructions." The letter was signed by Slater. Palmer, in pursuance of the instructions, procured a mortgage for £300, and out of this sum retained £20 for costs. Palmer acted as solicitor for the mortgagor and mortgagee. Slater took out a summons asking that Palmer might be ordered to deliver to him a bill "of all such his fees, charges, or disbursements as he claims to be due or paid or as have been deducted by him out of the applicant's money,' In support of the summons it was contended that the letter of Slater was not an agreement between a solicitor and his client within the Solicitors' Remuneration Act, 1881, s. 8, subs. 1, so far as regarded the mortgagee's costs, because, although the mortgagor was liable to pay the mortgagee's costs, yet he was not the agent of the mortgagee to retain a solicitor for him, and was not a client of the mortgagee's solicitor, and that notwithstanding the agreement there ought to be a reference for taxation under subsection 4 of section 8.

HIGH COURT OF JUSTICE. PROBATE, DIVORCE, AND ADMIRALTY DIVISION. IN THE GOODS OF RHODA SLINN, deceased. June 10.-Testamentary paper-Deed of gift admitted to Probate.

This was a motion for a grant of administration with the will annexed to Elizabeth Walker of the following document:-

"To all people to whom these presents may come, I, Rhoda Slinn, do send greeting. Know ye that the said Rhoda Slinn, of 3 House, 3 Court, West John Street, in the parish of Sheffield, in the West Riding of the county of York, widow, for and in consideration of the love, goodwill, and affection which I have and do bear towards my loving friend, Elizabeth Walker, wife of Joseph Walker, of 5 Garden Street, of the same parish

Rhoda Slinn died November 3, 1889. There was evidence that she had intended to make a will, but that she had been led to believe that a deed of gift would be cheaper. There was also evidence that at the time the deed of gift above set out was executed she said she wished a certain person in America to have £10.

Middleton, for the applicant. He cited Cock v. Cooke, 1 P. & D. 241; Robertson v. Smith and others, 39 Law J. Rep. P. & M. 41; 2 P. & D. 43; In the Goods of Coles, 2 P. & D. 362. Apart from other evidence, the expression as to the person in America shows that the deceased did not intend the deed to operate until after her death,

The PRESIDENT,-I am clearly of opinion that this paper ought to be admitted to probate. It is clear that extrinsic evidence may be admitted to explain an ambiguous paper of this kind, as there is always an inherent improbability that the person executing it intended the property to go away from him or her in his or her lifetime. In this case, as in the others that have been cited, the expressions are wholly inconsistent with an out-and-out gift. In Robertson v. Smith there was an expression of a wish that a certain person should have £50. In this case there is a reference to another person, and an expression of a wish that that person should have £10 if there was enough left. I am of opinion that this paper is testamentary, and I grant probate of it accordingly.

Holloway's Pills.-Any dyspeptic sufferer aware of the purifying, regulating, and gently aperient powers of these Pills, should permit no one to cloud his judgment or to warp his course. With a box of Holloway's Pills, and attention to its accompanying "Directions," he may feel thoroughly satisfied that he can safely and effectually release himself from his miseries without impairing his appetite or weakening his digestion. This most excellent medicine acts as a nervine and bodily tonic by aiding nutrition, and banishes a thousand annoying forms of nervous complaints An occasional resort to Holloway s remedy will prove highly salutary to all persons, whether well or ill, whose digestion is slow or imperfect, a condition usually evidenced by weariness, languor, listlessness, and despondency.

APPOINTMENTS AND PROMOTIONS.

NOTE BENA.-Information intended for publication under the above heading should reach us not later than Friday morning in each week, as publication is otherwise delayed.

Mr. Allen H. Morgan, Solicitor, has been appointed a Commissioner for Oaths, at Thurles.

Mr. John M'Clean, Clerk of Petty Sessions, has been appointed a Commissiouer for Oaths, at Draperstown.

COUNSEL TO THE ATTORNEY-GENERAL. Mr. George Vaughan Hart, and not Mr. W. P. Ball, as erroneously stated, has been appointed Counsel to the Attorney-General, in the room of Mr. E. G. Swifte, new Divisional Magistrate. Mr. Hart filled the position on a previous occasion, when Mr. Justice Holmes was Attorney-General, and the manner in which he discharged his duties gave unqualified satisfaction.—Dublin Evening Mail,

LAW STUDENTS' JOURNAL.

THE INCORPORATED LAW SOCIETY OF

IRELAND.

PRELIMINARY EXAMINATION FOR APPRENTICES TO
SOLICITORS,

Pursuant to the Attorneys and Solicitors (Ireland) Act, 1866.

DUBLIN, TRINITY SITTINGS, 1890.
FIRST PAPER.

ENGLISH HISTORY,

1. What led to the appointment, and what were the duties of "Comes litoris Saxonici" 1

2. Mention the chief social effects of the Crusades. 3. What coucessions were made by Stephen on his accession to the throne, and what important effects resulted from one of them?

4. Give as accurate an account as you can of the battle in which cannon were first used. What other battle was fought in the same year?

5. Mention the circumstances which led to, and give some account of the Rye House Plot and its results.

6. What was the Triple Alliance, why formed, and the date of it?

7. What gave rise to, and what were the principal events of the Seven Years' war? What war grew out of it?

8. Who was John Wilkes, and with what constitu tional question is his name connected? 9. Who was Sir Robert Walpole? Who were bis colleagues in the Ministry? Name his great Tory opponents.

10. Give some account of the Repeal of the Corn-laws; and what Ministerial changes and other circumstances attended that measure?

GEOGRAPHY.

1. Into how many classes are the winds divided! Explain the causes of each.

2. By what combination is the circular motion of the earth and other planets produced?

3. What is a table-land ? Where are the most remarkable, and what is their effect upon climate? 4. Between what bays is the peninsula of Yucatan ?

5. Name the peninsulas of Europe, and the seas which border upon each.

6. What are the chief cities of Natolia, Syria, Thibet, Arabia, Persia?

7. Where are the following islands and to whom do they respectively belong ?-Formosa, Mauritius, The Maldives, Staten Island, The Belearic Islands,

8. State what you know respecting Khyber Pass, Camperdown, Marengo, Strasburg.

9. In what counties are situate-Barnstaple, Frome, Penrhym, Cheddar, Hexham, Tiverton ?

10. Name the midland counties of Scotland, and the counties on the eastern coast of England, with the chief towns of each,

THE ENGLISH LANGUAGE AND LITERATURE.

1 Write a brief critique upon Milton's L'Allegro and Il Penseroso.

2. The novels of Scott may be divided into two main classes. What are these? Several novels are connected together in different series, and their authorship attributed to an imaginary writer-with what object and enumerate these novels.

3. Who was "Gilfillan "? Describe the sect to which he belonged.

4. Relate briefly the story of the "Bodach Glas." 5. What was "Dyer's Weekly Letter," and how disposed of after its arrival at Waverly House?

6. Mention some of Scott's reflections upon the supposed necessity of rendering study agreeable to youth.

7. What was the date of Shakespeare's birth? At what age did he leave Stratford, and discuss the different reasons assigned for his doing so?

8. Give the substance of Ross's auswer to Macduff's question

"Stauds Scotland where it did?"

9. Quote as accurately as you can Macbeth's description of sleep.

10. Explain the following passages :—

"

(i.) "There's husbandry in heaven." (ii.) "Why should I play the Roman fool?" (iii) "So foul and fair a day I have not seen,' (iv.) "There's warrant in that theft Which steals itself when there's no mercy left." (v.) "My Genius is rebuked, as it is said

Mark Antony's was by Caesar."

COURT PAPERS.

COURT OF BANKRUPTCY.

ADJUDICATIONS IN BANKRUPTCY.

[The dates of Adjudications are first given, the Sillings follow in italics.

DUBLIN.

Blakely, Elizabeth (otherwise essie), Olivia Blakely, Martha Blakely, and Marianne Blakely, all of Lakeview, Virginia, in the county of Cavan, spinsters. June 20; Tuesday, July 8, and Friday, July 25. Thomas Percy Mathews, solr. Crossan, Edward, formerly of Cullyhana, but now of Cornagh, in the county of Armagh, Sergeant, Royal Irish Constabulary. June 24; Tuesday, July 15, and Friday, August 1. James Henry, solr.

Kennedy, John William, of Bridge-street, Boyle, in the county of Roscommon, grocer and spirit dealer. June 19; Tuesday, July 8, and Friday, July 25. W. P. M Evoy, solr. O'Reilly, Patrick C., of 31 Talbot-street, in the city of Dublin, grocer and provision merchant, trading as " P. C. O'Relily and Co." June 24; Tuesday, July 8, and Friday, July 25. Bouchier Eaton, solr.

100

Do.

..

Watfd.& Limerick, 4 pc do. 4 pc. 1873 Rys. Guaranteed City of Dublin Jun., 4 p c C. & M. Light Ry. Co., lim perpetuity, 5 pc

Leased at Fixed Rentals Dublin and Kingstown Debenture Stocks. Gt.Northern(Ireland) 4 p Do.. 5 p c

214

348

15

61

66

1

114 1142

1

66

1 x d

• Shares not fully paid np are given in Italies. Bank Rate - Of Discount- 3 per cent. Of Deposit-1 per cent.

Name Days July 15th and 30th, 1890. Account Days-July 16th and 31st, 1890. Busin's commences at 1 30 p.m.

PUBLIC NOTICES:

PUBLIC NOTICES:

HENNIG BROS., Billiard Table Makers,

29 HIGH STREET, LONDON, W.C.,

Undertake to supply new 14 in slate bed full size solid mahogany Billiard Tables of guaranteed workmanship and finish, replete with every modern improvement and requisites of the value of £10, delivered and fixed for £60; or freight paid to any Colonial Port for £70. Undersize, French, and Magie Billiard Dining Tables from £6 68. New Billiard, Pool, or Pyramid Balls, full size, real Ivory, from 10s. Supr West of England Cloths for full size Tables and Cushions, from 628. 6d. Cues (well seasoned Ash) 18.; ditto, supr hardwood butted, 28.. 2s. 6d., 38, 38. 6d., 48., 48. 6d.; Ebony butted, 58. Cue Cases, 2s. 6d. and 38. Cue Tips (best quality only), 18., 18. 2d., 18. 4c., and 18. 6d. per box of 100 Cue Tip Chalks, 18. per gross. Restuffing Cushions with Rubber, warranted not to get hard in any climate, £8 108. Adjusting and Colouring Balls, 8d. Price Lists, Cloth and Cushion Rubber Samples, post free. Every kind of Billiard Work executed with despatch, carefully and at moderate charges. Billiard Rooms fitted throughout; distance no object. Colonial and Shipping Orders promptly attended Estab. 1862. Cut out and preserve for future reference

to.

173

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7 WESTMORELAND-STREET, DUBLIN. Local Committee of Direction

SIR PERCY RAYMOND GRACE, BART., D.L., Chairman. JAMES MILO BURKE, Esq., D.L. JAMES PIM, Jun., Esq. WM. JOSHUA GOULDING, Esq., J.P. | Right Hop JOHN YOUNG, P.C., D.L. Bankers-THE ROYAL BANK OF IRELAND. Medical Officer

Solicitors

THOMAS CROZIER & SON.

SIR WILLIAM STOKES, M.D. Secretary-JOHN ROBERTSON.

AGENCY APPLICATIONS ARE INVITED. 45

ROBERT WHYTE,

Ladies' & Gentlemen's.

Boot & Shoe Manufacturer,

LITHOGRAPHY}

MAPS, PLANS, MEDICAL PLATES CIRCULARS, &C., executed by

JOHN FALCONER,

53 UPPER SACKVILLE-STREET, DUBLIN.

JAMES KEOGH,

TAILOR

(Late of J. B. JOHNSTONE),

36 WELLINGTON-QUAY,

DUBLIN.

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Dress Suits, Silk-lined, from .

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Gentlemen supplying their own materials can have them made up

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in best style at Moderate Charges.

FIT GUARANTEED.

83

171

Advances already made exceed One Million Sterling.