Page images
PDF
EPUB

The plaintiff: "I did, my Lord, Mr. Price made no objection, but appeared satisfied with the amount. I told him we had arranged with Mr. Spofforth that we would not enter into the contest unless we had a candidate who was prepared to spend that amount." His Lordship. "A man of principle' in more senses than one, you see." Mr. Price, the plaintiff continued, was to oppose Mr. Gladstone's Irish Church Bill, and to support the Permissive Bill, by which he would gain the support of 1000 or 1500 teetotallers. A document was prepared by a Mr. Thomas Flather and given to Mr. Price, in which it was estimated that 13,500 votes could be polled for a Conservative candidate, and that the probable expense would be 3500l. Mr. Price had a private interview with Mr. Jobson Smith, who said that it was Mr. Price's duty to come down and contest one of the seats; that even if they struck off 25 per cent. of the probable number of votes as stated in the document, he would still have a very good chance of winning a seat, and that if he did not win a seat he would get such a respectable minority as would be a moral influence and a support to the then Government. His Lordship: "I see, he would be a winner either way. If he gained a seat, all well and good, and if he did not, he would poll such a respectable minority as would produce a moral influence: A moral influence on the one side and 35007. on the other." After a good deal of evidence had been taken, his Lordship suggested that the case was one for arbitration, but there was some hesitation by the defendant as to withdrawing a plea of fraud and misrepresentation. The judge, however, said that there were some items which he should feel it absolutely necessary to refer, so that if they went on they would be wasting time by proceeding with a case which at last must of necessity be referred. After some discussion, it was agreed to refer the case to some gentleman, to say whether Mr. Price, as a man of honour, should pay more than he had paid. If there is any difficulty about an arbitrator, his Lordship is to name one absolutely.

[blocks in formation]

vision under this clause should be recorded as part of his sentence.- -The_amendment was agreed to.-On clause 13 the Earl of KIMBERLEY proposed an amendment confining its application to lodging-houses, beer-houses, houses where exciseable liquors are sold, or houses of public resort. He also proposed to omit the words "suspected persons.' -The amendment was agreed to.-On clause 14 the Earl of KIMBERLEY proposed to insert words providing that, when the keeper or keepers of a beershop have been convicted of receiving stolen goods twice in two years, the magistrates shall have the power to prevent the Excise from granting a beer licence to the house for the space of one year. The object of the amendment is to reach the owners of these houses, and to discourage their letting them to men who become the receivers of stolen goods.- -After a few words from the Earl of SHAFTESBURY, Earl GREY thought they should render the exercise of this power on the part of the magistrates compulsory.- -The Marquis of SALISBURY objected to that. He did not think that it would, in all cases, be just to make a landlord responsible for the conduct of his tenant. The Earl of HARROWBY and the Duke of CLEVELAND supported the proposition of Earl Grey. - Lord ROMILLY, on the other hand, warned the House not to adopt so stringent a provision without due consideration.- The Earl of KIMBERLEY proposed to leave the matter to the discretion of the magistrates. He thought that many cases of hardship would arise if they were compelled to deprive a house of its licence without regard to the circumstances under which the convictions of its keeper or keepers took place. The clause was then amended in the manner suggested by the Earl of Kimberley. At the end of the same clause the Earl of KIMBERLEY proposed to add words providing that, on an indictment for receiving stolen goods, proof may be given, in order to show guilty knowledge, that the prisoner had also in his possession other goods, the produce of two or more robberies committed within the space of a twelvemonth previous to his being taken into custody. The amendment was agreed to, as were several others of a verbal kind.

HOUSE OF COMMONS.

BRIDGWATER ELECTION COMMISSION. The ATTORNEY-GENERAL moved that an humble

address be presented to Her Majesty praying for the appointment of a commission to inquire into tion for the borough of Bridgewater. The state the existence of corrupt practices at the late elecment of the right hon. gentleman the member for

creditors taking the initiative in the matter of arrangement. The creditors ought to propose the arrangement to the debtor; and to ascertain that they were bond fide creditors, they should be made to prove their debts the same as if bankruptcy had been declared. Such was the practice in France, and in every other state on the Continent. Having thus ascertained who were the real creditors, the next step would be to ascertain their wishes. At present the solicitor who had obtained nomination from one or more principal creditors, sent forms round to the rest, who signed to save themselves trouble, and thus assignees were chosen-not by the creditors generally, but by one, or perhaps two, solicitors, who had obtained the greatest number of nominations. Another danger to be guarded against was the practice of paying certain creditors to give their assent. This practice had never in this country been made penal, although in every other country it was considered to be criminal and treated as fraud. He should be very glad to see the French law in this particular adopted by ourselves. If that were secured he would give the creditor the fullest possible power to make arrangements before bankruptcy proceedings commenced, or at any time before the proceedings closed. The 75th clause, which was the only clause in the Bill relating to this point, seemed confined to a disposition of property and a liquidation in view of bankruptcy, whereas, in his opinion, it ought to extend to stopping bankruptcy proceedings at any moment the creditors might think fit-a power possessed, with certain limitations under the present law. Passing to cases, which were constantly occurring, where it was impossible to make any arrangement with the debtor, he dissented from the proposition that the future-acquired property of the debtor should be released when he paid 103. in the pound. It was not only sound morality, but prudent legislation, that the future-acquired property of the debtor should not be released till he had fully paid his debts; and he could not conceive a state of society more distressing than that in which a daring and unscrupulous speculator, who had been bankrupt three or four times, was to be seen riding in his carriage, while the unfortunate men he had defrauded went on foot or in tatters. was sometimes said that if they did not release the debtor he would not exert himself-as it was for the interest of society he should--to acquire future property, but experience did not bear out world the Roman law prevailed which allowed a that view. For 1300 years over the whole civilised debtor to be imprisoned for debt, but did not free law men did exert themselves, and did acquire his future-acquired property, and under that followed by the rise of the great commercial cities property. The decay of the Roman Empire was of Italy, and at a later period of the North of

It

On bringing up the report of the committee on this Bill The Earl of KIMBERLEY proposed, by the insertion of words in clause 5, to repeal the provision of the existing law, which requires a ticket-of-leave man to report himself once a month. -The amendment was agreed to.the University of Oxford, on the part of the Oppoof KIMBERLEY then proposed, in clause 10, to in-sition, that no objection would be offered to the sert words more clearly defining the police autho- presentation of such an address in all cases where Germany and Holland, and in every case they

-The Earl

rity under which a man released on ticket-of-leave may be arrested.--This amendment was agreed to. -On the same clause Lord ROMILLY urged that no person should be liable to imprisonment for a twelvemonth merely because (after being twice convicted) he was suspected of getting his living by dishonest means. The magistrate ought to be obliged to have evidence of some positive fact leading clearly to the inference that a man is not living honestly. As the clause stood, it would enable any policeman who had a grudge against a twice-convicted man to gratify it, by taking him before a magistrate and alleging that he suspected him of gaining his living in an improper manner. This would clearly make one law for the rich and another for the poor, and he was convinced that the people would never endure it. He should therefore move the omission of the words enabling a magistrate to commit a man to prison on mere suspicion.The Earl of KIMBERLEY could not assent to the amendment, which would strike at the very root of the Bill. All that the clause did was to place a man who had been twice convicted on the same footing as a ticket-of-leave man. And, unless the power asked for were granted, it would be utterly impossible to lay hold of habitual criminals who are known to be living and associating with thieves, and to be constantly engaged in the commission of crime, but against whom it is impossible to prove any distinct offence.--Lord CAIRNS suggested that the wording of the clause should be assimilated to that of Clause 4, so as to make it authorise a magistrate to send a man to prison who cannot prove that he is not getting his living by dishonest means.- -The Earl of KIMBERLEY was quite ready to accept the suggestion.The Marquis of SALISBURY, on the contrary, preferred the clause as it stood; but, on the other hand, he suggested that too wide and loose a construction might easily be given to the word "dishonest," and that it would be better to substitute for it the word "illegal."After some further conversation, the clause was amended in accordance with the suggestion of Lord CAIRNS. At the end of the same clause,The Earl of KIMBERLEY proposed words, providing that the fact of a man's being sentenced to police super

adopted the Roman law of bankruptcy which

a learned judge had reported within the terms of
the Act that in his opinion corrupt practices had
existed at an election, had rendered his task an
was enacted in France by the ordinance of
Louis XIV., namely, that when a man once
easy one. In the present instance Mr. Justice made a cessu volorum a creditor could no longer
Act that he had reason to believe that bribery had the curator was entitled at any time to bring the
Blackburn had reported within the terms of the proceed against him for any antecedent debt, but
extensively prevailed at the last election for the debtor before the commercial tribunal, and compel
borough of Bridgwater. The names of the pro-him to give an account of his affairs, and if his
posed commissioners were Mr. W. Forsyth, Q.C.,
Mr. T. Anstey, and Mr. C. E. Coleridge.The
motion was agreed to.

BANKRUPTCY BILL.

On the order for the second reading, Mr. NORWOOD complained that the Bill had not as yet been sufficiently long in circulation to put the commercial world in full possession of its provisions. He suggested, therefore, that the discussion should be taken on going into committee.The ATTORNEYGENERAL was understood to acquiesce; but Mr. JESSEL wished to make one or two observations before the Bill was read a second time. All nations, he said, concurred as to the principles upon which bankruptcy was to be regulated. The established principles were few in number, and of general application. The first object was to obtain from the honest debtor an arrangement with his creditors, leaving the dishonest debtor to be dealt with by the criminal law. That arrangement should only be limited by the will of the contracting parties, and, as it would be impossible to get universal agreement to such an arrangement, the majority of creditors should have the power of arranging and of enforcing their arrangement. The question of majority had been much discussed, and many alterations had been made. The Roman law required three-fourths of the creditors in number and value, and that was the practice with continental nations. In the State of New York two-thirds were required, and our own legislation had been very various. We had had nineelevenths, six-sevenths, three-fourths, and in the present Bill it was to be five-sixths. It was a very important matter, as the arrangement of the fraction very much influenced the distribution of assets. The proportion being settled, they had next to provide against persons appearing as creditors who were not creditors; and another defect was permitting the debtor instead of the

affairs warranted it the tribunal made an order that he should pay a proportion, if not the whole, of his former debts. The same law had been adopted by every modern state of Europe, and it was only by an; accident that the bankruptcy law of England formed an exception to the rule. The first statute of bankruptcy in this country, the 34 & 35 Hen. 8, c. 4, not only contained no discharge of the future-acquired property of the debtor, but the 6th section expressly enacted that if the creditors were not satisfied by the means provided by the Act they should have the same remedy for the recovery of the residue of the debt as they would have had if the Act had not passed. The 13 Eliz. c. 7 contained a similar provision, the statute of James did not alter the law, and till 1705 there were no means by which a bankrupt could release his future-acquired property from the claims of his creditors. The 4 & 5 Anne, c. 17, for the first time introduced what was called the certificate of conformity, which gave the creditors 5 per cent. of the debtor's property and discharged him. That legislation, however, met with universal dissatisfaction, and in the following year it was enacted that no certificate of conformity should avail a bankrupt unless it was assented to by four-fifths in value of his creditors. That law, slightly altered by the well-known Act of Geo. 2 remained substantially unaltered till the Consolidation Act of the 6 Geo. 4, s. 122, which required the certificate to be signed in the first instance by four-fifths in value of the creditors; but provided that if six months passed three-fifths should be sufficient. Up to the time of the passing of the 5 & 6 Vict. c. 122, no man's future-acquired property was freed from liability for his past debts without the consent of his creditors, but it was then suggested that creditors sometimes withheld their consent vexatiously or from some improper motive, and instead of providing for that, as other

countries had done, by preventing the creditor's taking the law into their own hands and harassing the debtor, the Act of 1842 enacted that if the commissioners, on inquiry, were satisfied with regard to the debtor's conduct, they should discharge him from his debts. When the great Consolidation Act of 1849 was passed, an attempt was made to classify certificates, but the classification was abolished by the Act of 1861, and neither of those Acts made any alteration in the power of the judge to relieve the future-acquired property of a debtor from liability for his debts without the consent of his creditors. It was a disgrace to our system of legislation that a man should be allowed to speculate at other people's expense, and if, after four failures, he succeeded in his fifth venture, that he should be able to turn round and laugh at his creditors. Another point in which our law stood alone was with reference to the doctrine of reputed ownership, and in this case also the exception was due to accident only. The original notion was that if a man put goods into the hands of another for the purpose of enabling that other to obtain credit upon the supposition that the goods were his own, but the doctrine of reputed ownership was that when any goods were allowed to be left in the possession and at the disposal of a man, with the consent of the true owner, and that possession remained undisturbed till an act of bankruptcy was committed, the assignees might take the goods and divide the proceeds among the creditors although the person whose goods they were had left them with no intention to defraud, and although the creditors had not known at the time of their dealings with the debtor that the goods were in his possession. The law, however, was so inconsistent that though that was the practice in bankruptcy, the creditor could not take the goods in execution, even though he had lent on the faith of such goods being the property of the debtor. Things remained as they were until 1774, when the law was reversed by Lord Mansfield and the Court of Queen's Bench. When the Acts came to be consolidated, in the reign of George IV., they omitted the preamble, and left the enacting clause standing. He did not propose to interfere with the statute of Elizabeth, but he should ask the House, when the Bill got into committee, to strike out that clause of the Bill, which was a great anomaly, and every now and then worked great hardship. He would now pass to another point, and that was as to the disposal of the property

of a man who died insolvent. No man who was

not a lawyer, nor a lawyer, unless he had devoted
a considerable portion of his time to the subject,
could conceive the complexity and injustice of the
present state of the law on that subject. Could it
be believed that if a man died a day after his
adjudication as a bankrupt his property was
divided among his creditors, but if he died a day
before the adjudication_his property was divided
in a different manner? By the law for distributing
the assets of an insolvent testator or intestate on
the continent his property was divided among
his creditors rateably without preference or
priority. But in this country, if an insolvent
died, the administrators must first of all pay
the creditors who had got a seal to their writing,
a bond, or a mortgage. Every creditor who
was in that position must be paid 20s. in the pound
before the ordinary creditors got anything; and
that worked in this way, that the relatives or
friends of the insolvent got the preference, because
they generally obtained a bond or a mortgage,
whereas the trade creditor only got a bill of ex-
change or a promissory note. He knew of a case
which occurred a few years ago, of an attorney
who defrauded two different parties of about
50001. each. He died, and his assets were about
40001. There was a suit in Chancery, and it then
turned out that he had executed a mortgage by
affixing his seal in one of these cases, and in the
other he had omitted that ceremony.
It made no
difference as long as he was alive, but being dead
it made all the difference. The result was that
the person who had got the seal got the 40007.,
and that the person who had not had to pay all
the costs, including his fees. (A laugh.) In
another case an insolvent trader got married.
Having nothing to settle, he covenanted that his
executors should pay to the trustees of his
marriage settlement a sum of 10,000l. Some
years after the man died; he had lived insolvent,
and he died insolvent, and when they came to
administer his property in Chancery, they found
that he had a little over 10,000l., and that he owed
25,000l. They administered the property according
to law, that was they first of all paid the costs of the
suit (a laugh)-and then they handed over the re-
mainder of the fund to the trustees of the marriage
settlement, and the creditors got nothing and had
to pay their own costs. Again, if a man became
bankrupt and another man had a mortgage on a
portion of his property, and the property was
insufficient to pay the mortgage, he proved for the
difference; but if a man died, he proved for the
whole against the personal estate, without making
any deduction on account of the property held in

propose

mortgage. But he would pass on from that to a ship, he could assure the hon. member that it was
still more important point in the administration just as easy to give instances of injustice on the
of assets. According to the law, as long as a other side. He had, for instance, known a case
trader was alive he must not make what was called where some family pictures had been sent to a
a fraudulent preference that was, knowing he person for his inspection, and left in his poss
was about to become bankrupt, he must not go to sion after he had become bankrupt. Those pic
a creditor and pay his debt. If he did, the bank- tures were sent back in perfect good faith, but the
whole of the family were summoned on a charge
rupt was punished, and the creditor was made to
refund. But supposing a man died, the executor of having offended against the statute, and bet
had a full right to prefer one creditor to another, for the kindness of the Commissioner, who took a
and he might pay one creditor in full, and let fair view of the transaction they might actually
another go without; and not only did the executor have been punished. It seemed to him (the
go unpunished, but the creditor who got paid could learned serjeant), that the Bill needed revision, so
not be made to refund. He had a case in his as to protect the rights of those who claimed the
practice some time ago of this kind. The gentle- ownership of property in the hands of the bank.
man who died was a man of high rank, and he rupt, and who had no intention of assisting him to
owed a great deal of money to tradespeople and defraud his creditors. The provisions as to the
other people. He had large estates, but his per-
London Commissioners were not satisfactory. It
sonalty was only sufficient to pay a dividend of would be far better to leave that officer to dis
4s. in the pound. His executor being a trades- charge the ordinary functions of a Commissioner
man, and knowing the law, got the assets in for the metropolis, and to continue the appeal to
as quickly as he could, and paid all the trade the Lords Commissioners. He (Mr. Simon) di
creditors in full. His (Mr. Jessel's) client waited approved of the three appeals given in the Bi
till the will was proved, and then he found that and moreover, as the measure stood, there would
all that was left would pay the other creditors be an appeal from the Commissioner to him.
only about 9d. in the pound. Some years ago he self. The Bill contained an excellent provision for
was counsel in a case in which a great China depriving persons of the power to make themselves
firm had given a credit of some thousands to a bankrupt; but it was defective in precautions
young man who had been a clerk. His affairs against the collusive filing of petitions by friends
had not prospered, and he borrowed large sums
of insolvents. As to the question of the release,
of his wife's father and other relatives. He died he was inclined to agree with the learned genta
one day, and his widow put the administration of man (Mr. Jessel). He never could understand the
his affairs into the hands of her father. Her distinction that used to be made in this respect
father paid himself in full, and her brother in between traders and non-traders. He was aware
full, and her cousin and every friend of the family it was said that credit was necessary for persons
in full, and by the time the principal creditors, engaged in commerce, and that others did t
who were in China, got to know of the death, there need it. But that was not true. No person wh
was not quite enough left to pay the costs of the
ever could get on without a very considerabia
administration suit in Chancery. He did not see
amount of credit; but to impose some restraint
why an executor should have a right which a
upon the release of bankrupts would operate as a
debtor himself had not got. On this point he very salutary check upon reckless speculators. It
thought the law should be altered, and that it
was said that facility of release was an encourage
might be altered very easily. He should
ment to trade; it was really an encouragement to
that no executor or administrator should be swindling. Mercantile men were always fair, and
allowed to retain his own debt, or to give any
even liberal, towards the honest debtor, and the
preference as between the creditors; and, secondly, matter might safely be left in their hands. It was
that as between the creditors themselves there a scandal to see men who, after repeated failures,
should be no priority, and that mortgage-creditors had hit upon some lucky speculation, possessors of
should be put on the same footing as other great wealth, while their unfortunate creditors
creditors. (Hear, hear.)Mr. G. D. GREGORY were in rags. The Attorney-General had, in fact,
said the profession to which he belonged felt that given up the whole case when he refused to releas
a Bill of this nature should be framed principally a bankrupt until he had paid 10s. in the pound.
with a view to the interests of the mercantile If the hon. member went so far, why did he stop
and trading community. He quite approved of there? Surely it ought to be left to the credites.
the provision that bankrupts' estates should be or to a certain proportion of them, to sa
administered by the creditors, but he doubted the whether they would release anyone that fel
expediency of establishing a special Court of Bank- short of the full 20s. in the pound. (Hear.)-
ruptcy. Except for purposes of appeal, this court Mr. S. HILL doubted the desirability of dong
was to be confined to the metropolitan district. away with the right of an insolvent person to be
He thought it would be better that the appeal made a bankrupt upon his own petition.—Sir F.
GOLDSMID directed the attention of the Attorney-
should be to the ordinary courts of law. He was
bound to admit, however, that there was a differ- General to the mode of appointment of the
ence of opinion in his profession as to the special chief judge proposed by the Bill, which would, he
court. Then he could not see why they should said, have the effect of excluding a judge in Chan-
make a distinction between traders and non-
cery from being appointed, and to that extent
traders. The attempt to define them might give would limit the discretion of the advisers of the
rise to difficulties of construction hereafter. He Crown in making this appointment.Mr. Aber
thought greater facility should be given for the
man LUSK said, it being agreed on all hands that
making of a debtor bankrupt, and he disapproved the Bill would effect a great improvement in the pre
of the provision requiring personal service, as
sent bankruptcy system, he trusted the learned
with the present facilities for a man escaping to Attorney-General would not be induced to delay
(Hear, hear)-
the Continent that might give rise to great diffi- the passing of the measure.
culty. The present state of the law respecting The ATTORNEY-GENERAL congratulated himse
the winding-up of public companies was a dis- that the Bill had as to its leading principles
grace to the jurisprudence of the country.ceived the general sanction of the House. Of course
Where the official liquidator was a man of it was not surprising that some details shot
high character and position the settlement of have been objected to; but he could assure h
such affairs was no doubt fairly and honestly hon. friend the member for Bristol that he shouk
carried on; but there were
cases in which be rejoiced to receive his suggestions in committee,
nearly the whole of the assets realised by repeated and to attend to them wherever possible. Agre
calls upon the wretched shareholders
number of the suggestions which had been mad
exhausted in meeting the demands of the liquidator would wait for the committee; but there were
and his attorney. He (Mr. Gregory) very much few points to which he must advert. His hon.
disapproved of the proposal of the Attorney learned friend the member for Dover had in his
General with respect to mortgages. The mort- extremely able speech found but little fault with
gagee had a right to stand upon his security, and the leading features of the Bill, but had suggested
it might impeach the rights of property to place that the arrangement clauses should give the
mortgages on no better a footing than a mere bill creditors more power, such as to put an end to the
of exchange. As to composition-deeds, he was bankruptcy, and had also stated his views as we
aware that there used to be a great deal of fraud the liability of the subsequently-acquired
in relation to them, but the whole or nearly the perty. He could only say that the Bill wet
whole of the abuse had been redressed by the Act further in the direction taken by his h
of last year, which required a declaration from all and learned friend than any bankruptcy Bill had
ever gone before. Hitherto the bankrupt cock
the debtors who were parties to the deed. He did
not agree with what had been said by the hon. have obtained his discharge without the payme
member (Mr. Jessel) as to the manner in which of any dividend at all, and in the many
compositions were obtained, for he believed that of cases last year there had actually been no di
they were generally the result of a resolution dend, but this Bill insisted on a dividend of 195.
come to at a meeting of the creditors. (Hear, being more than the sum recommended by the
hear.) -Serjeant SIMON agreed with a great deal committee of 1865, which was only 6s. 8d. H
that had fallen from the learned gentleman (Mr. opinion was, that if you made subsequent
Jessel), but in the main he approved of the Bill, acquired property liable with any dividend under
for he regarded it as striking out a new and right 20s. in the pound, you might
path. What he specially liked in it was the sepa- bankruptcy law at all.
(Hear, hear.) One he
ration that it would effect between the penal and the member had said it was desirable to give the
administrative functions of bankruptcy law. As to bankrupt some inducement for stopping parent
the proportion of creditors whose consent should be only; and in like manner he (the Attorne
required for certain purposes, he preferred the pro- General) was anxious to give him some inducement
vision of the Bill. With regard to reputed owner-
to work after his bankruptcy, by relieving him

were

as well have

from liability after payment of a dividend of 10s. 6d. spread over five years. If he failed in that, his property would be liable at the discretion of the court. With respect to reputed ownership, the clause in the present Bill left the law as it stood at present; but he thought the rule was carried too far when it extended to choses in action. As to the service of notices, it was proposed to leave that, with other matters, in the hands of the judge, who would make rules and regulations for the bankruptcy business of the whole kingdom. By leaving the rules and regulations thus to the judges, he had been able very much to compress the Bill, which contained only 130 clauses against 530 in the Bill of last year. (Hear, hear.) The hon. member for Finsbury had expressed a fear that the law would not reach fraudulent trustees, but he could assure the worthy alderman that those cases were amply provided for under the Fraudulent Trustees Act. It had been suggested that certain penal provisions should have been introduced into the Bill. His answer to that objection was, that the Abolition of Imprisonment for Debt Bill, which would be read a second time that evening, contained ample penal provisions. Only one more question required any observation-namely, the appointment of the chief judge. He attached great importance to that provision which Lord Westbury had introduced in the Bill of 1861, but which was rejected by the House of Lords. Lord Westbury attributed the failure of his Act entirely to the rejection of the chief judge. They had to rely on this judge for the framing of the rules and regulations, and for securing a control over the subordinate officers in bankruptcy, which had never been exercised by the commissioners. It was also necessary to have a superior judge for important causes, and he also thought it desirable that there should be an appeal to the court of common law from which the judge was taken. He had now gone through the main objections to the Bill, the object of which was simply to cheapen bankruptcy. The average cost was now 75 per cent. of the estate, whilst in Scotland it was only 12 per cent., so that an advantage to that important extent would be obtained by the adopting of the Scotch system. The hon. and learned gentleman, in conclusion, again thanked the House for its general acceptance of the Bill.-The Bill was read a second time, and the committee fixed for that day fortnight.

IMPRISONMENT FOR DEBT BILL.

On the order for the second reading, Mr. NORWOOD renewed his protest against further progress with this Bill until the commercial community had had time to become aware of its provisions. The persons who were now arrested were not traders with assets, but generally persons without any available means, against whom, when the Bill passed, the creditor would have no remedy. There were many poor labourers and others who occasionally required credit, and they would be seriously injured by the change in the law. The judges of the County Courts considered their power of imprisonment for forty days to be absolutely necessary. Mr. S. HILL believed that if one thing more than another pressed hardly upon the working men of the country it was the power of imprisonment under the County Courts Act. There were matters in the Bill which required careful attention, and he hoped the AttorneyGeneral would give the House longer time to consider them.-Mr. M'MAHON trusted the Hon. and learned gentleman would not postpone the second reading of the Bill, the principle of which was a return to the practice of the common law, which never allowed any person to be arrested in a civil matter. He suggested that in committee they should insert words to repeal all the statutes upon which the juges had founded the right of imprisoning a man for debt, for the whole system as it stood of final imprisonment in satisfaction of debt was merely judge made law. If the rich man was allowed by the bankruptcy system to escape, the poor man ought not to be imprisoned. In Whitecross-street Prison, he was told, the County Court debtors were imprisoned in something like the cages for wild beasts at the Zoological Gardens, while persons imprisoned for large debts were provided with all the luxuries to which they had been accustomed. All political economists, from Adam Smith to Mill, laid down that it was not for the interest of a State to encourage credit, and he believed that if they were to-morrow to abolish imprisonment for debt trade would be more flourishing, and we should get rid of a process of carrying on business which approached very nearly to swindling.Mr. Serjeant SIMON was not an advocate for imprisoning a man simply because he had been unfortunate and could not pay what he owed, but there must be some protection to those who trusted a person, and who might, but for such protection, find themselves defrauded. The Bill made a considerable distinction between the rich man and the poor man. If a man had contracted a debt fraudulently, or having the means of paying refused

to do so, he ought to be punished, but the punishment should extend to the reckless speculator as well as to the poor market gardener or labouring man. He appealed to the Attorney-General to remove the limit from the sixth clause, promising that if that were done he would give his cordial support to the measure. Mr. WEST trusted the Attorney-General would reconsider the sixth clause having reference to the committal for small debts. -The ATTORNEY-GENERAL said the principle of this Bill was the abolition of the power of imprisonment for debt, and at this time of day he did not think it was necessary to enter into any argument in defence of such a proposal. In 1832 a commission, consisting of several eminent judges, reported strongly in favour of the abolition of imprisonment for debt, and the Bankruptcy Commissions of 1842 and 1864 also made similar reports. Imprisonment for debt was not justifiable, because it made no distinction between the innocent and guilty, and if it was to be a considered a punishment, recent legislation had rendered that punishment almost inoperative, because if a man did not get out of prison himself, he was ultimately turned out by the registrar. Some hon. gentlemen had complained that if the principle of the Bill was good, it did not go far enough, and that there ought to be an abolition of the power of the County Court judges to imprison. All he could say was that if, when they went into Committee, the House could see its way to abolish the power to imprison which was at present vested in the hands of the County Court judges, without endangering the working of the County Courts Act, he should rejoice at the conclusion. At the same time he felt bound to say that a deputation of County Court judges had waited upon him, and they were unanimously of opinion that they could not be answerable for the efficient working of the County Court system if this power of imprisonment was taken from them. The whole subject, however, was one which the House might well consider, and he should be prepared to accept whatever decision they might arrive at. The Bill was then read a second time.

THE CHARITY AND ENCLOSURE COMMISSIONS.

by him upon representations that it ought not to be pressed till after the Judicature Commission had reported. That report would be shortly presented, and till it was in the hands of members he thought this measure should not be proceeded with. Mr. CARDWELL said the Bill had been already deferred for two years, waiting the report of the commission, and as the whole object of the measure was to make the court useful if it was to be continued, he hoped that another session would not be allowed to pass without some legislation on the subject. He recommended that the Bill should be committed pro forma, and the consideration of the clauses fixed for a future day.

-The amendment was withdrawn, and the House went into committee pro forma. The chairman obtained leave to sit again on that day fortnight.

THE STAMP ACTS.

Mr. CRAWFORD asked whether any steps had been taken at the Treasury for the consolidation of the Stamp Acts?-Mr. Lowe said that the Solicitor of the Board of Inland Revenue was now engaged in consolidating the Stamp Acts, and he hoped the work would be completed in time to legislate on the subject either at the end of this or at the beginning of the next Session of Parliament.

THE IRISH CHURCH BILL.

Captain ARCHDALL gave notice that, on the third reading of the Bill for the Disestablishment and Disendownment of the Irish Church, he should move that the Bill be extended to England and Scotland. (Hear, hear, and laughter.)

THE PALACE OF JUSTICE.

Mr. W. H. SMITH gave notice that he should ask the First Commissioner of Works whether

Her Majesty's Government intended to proceed with the Courts of Justice Concentration (Acquisition of Additional Sites) Bill during the present

session.

ESTATE AND INVESTMENT JOURNAL.

STOCK AND SHARE MARKET. STILL there is uneasiness on the Continent, and fears are entertained that a war is not far distant. This restrains enterprises, and represses speculation. The following are the fluctuations of the week:

Mr. GOLDNEY asked the Chancellor of the Exchequer whether any and what arrangements had been made to carry into effect the resolution of the House, "That the expenses of the Copyhold, Inclosure, and Tithe Commission, Inclosure and Drainage Acts, and the expenses of the Charity Commission, ought not to be borne by the public." -The CHANCELLOR of the EXCHEQUER said that the Inclosure Commission had provided for 17,000l. out of 20,000l. expenses, but the Charity Commissioners had reported that they could not raise more than 1000l. towards expenses without an income-tax upon charities. He should be very favourable to such a measure, but, in 3 Cent. Cons. Aan... the mean time, had determined to lay the estimate as it stood before the House.

BEVERLEY ELECTION.

The ATTORNEY-GENERAL gave notice for Friday next to move an address to the Crown for a Com mission of Inquiry into the proceedings of the late Beverley election.

COURT OF COMMON PLEAS (COUNTY PALATINE OF LANCASTER) BILL.

ENGLISH FUNDS.

Fri. Sat. Mon. Tues Wed Thu

Bank of England Stock shut 3 Cent. Red. Ann.

New 2 Cent. Ann.... Do. do. Jan. 1894.. New 3 Cent. Ann. ... Cent. Annuities Cents. Jan. 1873 Ann. 30 years exp. April 5, 1885

5

5

Do. exp. Jan. 5, 1880...
Do. exp. July 1880
ed Sea Tele. Ann. 1908
Consols, for Acc..
India 5 Cent. for Acc.

Do. 5 Cents. July 1880)
India Stock, July 1880.
India Stock, 1874

India 5 Cent.
India 4 Cents. 1888..
India 5 Cent. 1870
India Bonds (1000l.)
Do. (under 10001.)
Ex. Bills, 1000l.

Do. 5001

Do. 1001. and 2001. 3 c.

a Par.

[blocks in formation]

91 91 91 91 912 921 924 93 93

92

93

934

74

[ocr errors]

91 91 91 91 913

[ocr errors]
[merged small][merged small][merged small][merged small][merged small][subsumed][ocr errors]

b March 21 per cent., 58. premium.

e March, 23 per cent. par. d March, cent.

1127

212

113

113

[ocr errors]

100% 100% 100% 100% 100,

8s.e

88.0

b

[ocr errors]
[ocr errors]
[ocr errors]

C

d

[ocr errors]
[blocks in formation]

PUBLIC COMPANIES. RAILWAY COMPANIES.

On the motion for going into Committee on this Bill- -Mr. Serjt. SIMON moved that the House should go into Committee this day six months. He complained that the Bill had been introduced and pressed forward with undue haste. A Commission had been appointed on the subject, which had not yet reported; it was expected that it would recommend great changes, and it was the object of the present measure to defeat such reforms. The court itself was obsolete, and he objected to the continuance of its jurisdiction. He denied that the Bill would, if passed, confer any benefit on the suitors in this court, and asserted that the measure was one promoted by a few attorneys in Manchester and Liverpool entirely June, prent, le, premium in their own interest. He moved that the Bill be committed on that day six months.--Mr. WEST explained that the Bill, if it passed, would not involve any charge on the Consolidated Fund. It had been read three times in the House of Lords, and, therefore, could not be said to come upon the House by surprise. In former days the assizes for the County Palatine were held in Lancaster, but in 1835 assizes were given to Liverpool, and subsequently to Manchester, and then it became necessary to have prothonotaries' offices at both these places. To abolish these offices was the object of the Bill, and to abolish the present sinecure offices. Her Majesty had surrendered her right to appoint, in order that the reform contemplated might be carried out. The Bill had been brought forward by the late Government, and had therefore received the sanction of both parties in the House.- -Mr. A. CROSS and Lord SANDON supported the Bill, and Mr. CRAUFURD opposed it. Col. W. PATTEN explained that the Bill of last year was withdrawn

Bahia and San Francisco.-A dividend at the rate of 6 per cent. per annum. Belgian Eastern Junction.-A dividend of 1s. 7d. per share.

Dunaburg and Witepsk.-A dividend at the rate of 5 per cent. per annum.

Forth and Clyde Junction.-A dividend at the rate of 3 per cent. per annum.

Glasgow and South-Western.-A dividend at the rate of 4 per cent. per annum dividend declared. Great Western of Canada.-A dividend at the rate of 5 per cent. per annum.

Melbourne and Hobson's Bay United.-A dividend at the rate of 7 per cent. per annum. Peebles.-A dividend at the rate of 6 per cent. per annum.

Tottenham and Hampstead.-At the meeting

the chairman said that the liabilities were very large; and that the creditors must be moderate in their demands if they wished to obtain even a portion of their claims.

Tournay-Jurbise and Landen-Hasselt. - Divi

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. SPECIFIC PERFORMANCE-COSTS OF Referees MADE PARTIES.-The S. Railway Company con

NEELE (Samuel J.), Strand. June 1; G. F, Abraham,
citor, 3, Mansfield-street, Portland-place.
PHILLIPS (Frederick), Old Trafford, Stretford, Lan
May 21; Humphrys and Munby, solicitors, 57, Crose-stret
Manchester.

STAFFORD (Annie), 3, South-street, Finsbury-square. Mart;
Hamber and Co., 20, King's Arms-yard.

dends of 7s. 5d. on the dividend shares, and of 6s. tracted to purchase land from G., the line being STRATTON (Thos.), 2, Old-square, Lincoln's-inn. May 1;

on the preference shares.

[blocks in formation]

Oriental Bank Corporation.-A dividend of 6 per cent. for the half-year.

FINANCE, CREDIT, AND DISCOUNT COMPANY.

East India Land, Credit, and Finance (Limited). -The liabilities have now been extinguished, and a further return of 11. per share is payable on the 5th April.

ASSURANCE COMPANIES.

General Provident Assurance (Limited).-ViceChancellor Malins proposes on the 14th inst. to make a call of 51. per share upon the contributories. Scottish Commercial.-A dividend of 5 per cent. MISCELLANEOUS COMPANIES.

British American Land.-A dividend of 11. per share declared.

Canada Company.-The dividend in 1868 was 31. 10s. per share.

Chartered Gas.-A dividend at the rate of 4 per cent. per annum.

Gartness Iron and Steel Works (Limited).-Cre ditors are required to send the particulars of their claims to Mr. H. H. Cannan, of Walbrook, the official liquidator, by the 4th May, the 20th May having been appointed by Vice-Chancellor James for adjudicating upon them.

Imperial Gas.-The usual 7 per cent. and 10 per cent. maximum dividends were announced. Mutual Tontine. An interim dividend of 2 per cent. paid, and a further 14 per cent. declared. Panama, New Zealand, and Australian Royal Mail (Limited).-Creditors are required to send particulars of claims to Mr. John Young, Tokenhouse-yard, the official liquidator, by the 1st May, the 25th of May being appointed by Vice-Chancellor Malins for adjudicating upon them.

Universal Private Telegraph.-A dividend at the rate of 4 per cent. for the half-year.

MINING COMPANIES. Anglo-Californian Gold Mining.-A further call of 1s. 6d. per share is made upon the contribu

tories.

Ipstones Park Colliery (Limited).-Particulars of claims must be forwarded to the official liquidator by the 3rd May. The 21st May is appointed for their adjudication.

REPORTS OF SALES.

NOTE. The reports of the Estate Exchange are officially supplied in the following list. Auctioneers whose names are registered there will oblige by reports of their own sales.]

Tuesday, March 23.

By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Freehold, 7 acres of building land, fronting West Green-road, Tottenham-sold for OZ.

Copyhold, three houses, Nos, 85, 87, 89, Stepney-green, producing 667. per annum-sold for $30. Leasehold, four houses, Nos. 1 to 4, South-street, Westsquare, St. George's-road, Lambeth, producing 1507, per annum, term expiring in 1887, at 317. 10s. per annum-sold for 1807.

Freehold house, No. 27, James-street, Manchester-square, let at 15. per annum-sold for 7507.

Leasehold house and shop, No. 188, Upper Seymour-street, Somers-town, let at 31. per annum, term 22 years unexpired, at 6. per anuum-sold for 3757.

Leasehold house and shop, No. 122, Edgware-road, let at 85. per annum, 3 years unexpired, at 57. 8s. per annumsold for 1257.

Tuesday, March 30.

By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Leasehold four residences, Nos. 113, 115, 117, and 119, Victoria Park-road, Hackney, term 80 years from 1852, at 134. 28. 6d. per annum, sold for 17601. Leasehold profit rental of 801. per annum secured on a residence situate at the corner of New Park-road, Brixton-hill, terms 35 and 10 years from 1869, sold 10307. By Messrs. BROAD, PRITCHARD, and WILTSHIRE. Leasehold residence known as Stanley-villa, Hamlet-road, Sydenham, producing 1007, per annum, term 95 years from 1862, at 137. per annum-sold for 12007.

Friday, April 2.

By Messrs. NORTON, TRIST, WATNEY, and Co., at the Mart.
Leasehold mansion, No. 34, Portland-place, and stabling in
Devonshire-row mews-sold for 41007.
Freehold plot of building land overlooking Plashet-park-
sold for 157.
Ditto-sold for 157.

Tuesday, April 6.

By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Freehold estate, known as Tipple-hill farm, Caddington, Herts, comprising upwards of 120 acres of land, with farmhouse, buildings, cottages, &c.-sold for 56007. Leasehold, town residence, No. 5, Duchess-street, Portland-place,; term 374 years unexpired. at 457. per annumsold for 17007.

Beneficial interest in the lease of a residence, stabling, and 25 acres of iand, known as Finchley-lodge, Finchley; term 14 years unexpired, at 1327. per annum-sold for 10107. By Messrs. WINSTANLEY and HORWOOD, at the Mart. Leasehold residence, with stabling and gardens, No. 17, Camberwell-terrace, Peckham-road, let at 81. per annum, term 100 years unexpired, free from ground-rent — sold for 18007.

[blocks in formation]

and Lark, solicitors, 4, Serle-street, Lincoln'a-inn-feld WARREN (Elizabeth), Builth, Brecon. May 31; Blake and Hughes, solicitors, 3, Lothbury, E.C.

TUCKER (Andrew), Charmouth, Dorset. May 19: Tr

WATKINS (Thomas), Anthony-place, Widemarsh, Herefəri

May 1; J. Mason, solicitor, 19, Maddox-street, Regen street. WHICKER (George), 67. St. James's-street, Westmince June 1; T. N. Doughty, solicitor, Carlton-chambers, 1, Regent-street, S.W.

worked by the M. Company, who had a lease from the S. Company, and were working under a parliamentary title. G., being unable to get principal or interest, filed a bill for specific performance, and made the M. Company parties, but asked no relief against them: Held, that they were necessary parties, and must pay their own costs: (Goodford v. The Stonehouse, &c., Company, 20 L. T. Rep. N. S. 137. V.C. M.) REVIVOR AND SUPPLEMENT INFANTS BORN AFTER DECREE.-After decree, and two orders, on further consideration, it was for the first time discovered that a person served with a copy of the decree had subsequently had two children. Whereupon an application was made for the usual supplemental order to bring the infant children regularly before the court. The court, however, having regard to the decision in Capps UNCLAIMED STOCK AND DIVIDENDS IN THE v. Capps, L. Rep. 6 Ch. App. 1, refused to make the order: (Auster v. Haines, 20 L. T. Rep. N. S. 152. V. C. S.)

VOLUNTARY SETTLEMENT JUDGMENT-CREDITOR-PLEADING.-A., formerly chairman of a company, having made an unauthorised expenditure of 6000l. of the moneys of the company, and the company having been ordered to be wound-up, the official liquidator on 23rd Jan. took out a summons for an examination into A.'s conduct, and an order was made in May that he should pay the amount to the official liquidator. In the mean time A., on the 13th Feb., executed a settlement of his property on certain trusts in favour of his sons and grand-daughter: Held, that the settlement was fraudulent, having been made in anticipation of the order to pay, and came within the 13 Eliz. c. 5. Deed accordingly declared void as against the creditors of A.: (Reese River Silver Mining Company v. Atwell, 20 L. T. Rep. N. S. 163. M. R.)

[blocks in formation]

BINGLEY (Thos.), 10, Pazoda-terrace, Bermondsey Newroad. April 30; J. A. Rose, solicitor, 11, Salisbury-street, Strand. May 8: M. R., at eleven.

LEE (John J.,6, Southampton-buildings. May 25; Emmets,
Watson, and Co., solicitors, 11, Bloomsbury-square. May
7: V.C. S., at ten.
LONG (Joseph), Dover, draper, &c. May 1: Fielding and
Co., solicitors, Dover. May 27; M. R., at twelve.
Ross Thos.), Kilravock House, South Norwood-hill. May 1:
J. P. Theobald, solicitor, 26, Furnival's-inn. May 23;
V.C. J., at noon.

SARGENT (Mary, 81, Grafton-street, Fitzroy-square. April 30; J. Lay, solicitor, 41, Poultry. May 22: V.C. S., at twelve.

[blocks in formation]

3, St. Aubyn-street, Devonport.

BOLTON (Richd.), Maidenhead, plumber. May 31; C. Brown, solicitor, Park-road, Maidenhead.

BOURNE (Mrs. Anna). May 11; Cheston and Sons, solicitors,
1, Great Winchester-street-buildings.
BRUNT (Wm.), Marston, Bedford. May 1; W. Browne, soli-
citor, Bank-chambers, Nottingham.

BUSH (Mary), 30, Portland-place, Morice Town, Devonport.
April 24; O. Richards, solicitor, 16, Warwick-street,
Regent-street.
CLARKE (Anne M.) 217 Essex-road, Islington. May 20;
J. Selby, solicitor, 2, Fen-court, Fenchurch-street.
DAY (Jas. B.), 68, Copley-street, Stepney. May 15; R.
Moore, solicitor, 36, Mark-lane, E.C.
FOWLER (Richd.), Camberwell-house, Camberwell. May 5;
Pike and Son, solicitors, 26, Old Burlington-street, W.
FRANK (John), Leadenhall Market. May 18; M. Shephard,
solicitor, 17a, College-hill, Cannon-street.
GLADSTONE (George J.), 21, Brunswick-street, Blackwall.
April 20; Cattarns and Co., solicitors, 3, Mark-lane.
GOUGH (Wm.), Birmingham. July 10: Thos. Simcox, solici-
tor, 20, Waterloo-street, Birmingham.
GREGORY (Thos., Warwick Castle, Warwick; June 1; J.

[blocks in formation]

citor, 67, Bridge-street, Walsall.

INDERWICK (John), 1, Percy-terrace, Walham-green. April 20: Garrard and James, solicitors, 13, Suffolk-street, PallMall.

WHITEHEAD (Joseph), Barton-upon-Irwell, Lancaster June 1; T. Leeming, solicitor, 4, Hulme-street, Mis chester.

WOODHOUSE (George),5, Addison-crescent, South Kensing May 1; J. B. Batten, solicitor, S2, Great Georgetten, Westminster.

BANK OF ENGLAND.

Transferred to the Commissioners for the Reduction of e National Debt, and which will be paid to the perks respectively whose names are prefixed to each, in the months, unless other claimants sooner appear,j GARDENER (P. F.), Hitchin, Herts, gentleman, Dirikal on 697. 58. 4d. Reduced Three per Cents. Claimant, s P. F. Gardener,

ROGERS (Mary), Paradise-street, Chelsea, spinster. Dr. dend on 22751. Reduced Three per Cents. Claimant, sal M. Rogers.

THE BENCH AND THE BAR.

ASSIZE INTELLIGENCE. NORFOLK CIRCUIT. Ipswich, April 1.-The commission for the last place on the circuit was opened yesterday after noon by Lord Chief Justice Bovill. The av 2 special jury causes. The criminal business is business is extremely light, viz.. 1 common and large in point of number of prisoners, but the offences charged are not so serious as they have been on other parts of the circuit. There are 3 prisoners in the calendar, and among the heavier charges are arson, burglary, manslaughter, rape, and perjury.

The Queen has been pleased to direct letters patent to be passed under the Great Seal, granting the dignity of a Baron of the United Kingdom t Great Britain and Ireland unto the Right H Sir James Plaisted Wilde, Knight, Judge of Her Majesty's Court of Probate, and Judge Ordinary of Her Majesty's Court of Divorce and Matr monial Causes, and the heirs male of his body lawfully begotten, by the name, style, and tit of Baron Penzance, of Penzance, in the county Cornwall. The Right Hon. Baron Penzance s the fourth son of Mr. Edward Arthur Wilde, and nephew of the late Chief Justice Sir Thomas Wilde, who was raised to the peerage on be appointed to the Great Seal in 1850, when he chose his title also-that of Lord Truro-from the sam far-western county. His mother was Marian daughter of Mr. William Norris. He was bur in London in the year 1816, and was educated at where he graduated B.A. in 1838, and proceeded Winchester, and at Trinity College Cambridge,

M.A. in 1842. In 1839 he was called to the Par at the Inner Temple, and for some years went the Northern Circuit. In 1840 he was appointed Junior Counsel to the Excise and Customs Departments, and was made a Queen's Cour in 1855. In 1859 he became counsel to the Drely of Lancaster, and in April of the following year was promoted to a seat on the judicial bench as one of the Barons of the Exchequer, and received the honour of knighthood. In 1863, on the subs and lamented death of Sir Cresswell Cresswell. S James Wilde was appointed Judge of Her Majesty's Court of Probate, and Judge Ordinary of He Majesty's Court of Divorce and Matrimonia Causes, the duties of which post he has discharge. with eminent ability down to the present time His Lordship was sworn a Privy Councillor c receiving the last appointment. Lord Penzan married in 1860, the Lady Mary Pleydell Bouvers, daughter of the venerable Earl of Radnor.

Whitehall, April 1.—The Queen has been pleased to direct letters patent to be passed under the Great Seal, granting the dignity of a Knight of the

LANGLOIS (A. A.), 120, Leadenhall-street, E.C. May 18; United Kingdom of Great Britain and Irelazi

H. W. Vallance, solicitor, 33, Moorgate-street, E.C. LAW (Edward, 14, Lonsdale-terrace, Barnes. June 21; M. and F. Davidson, solicitors, 35, Spring-gardens. LAWRENCE (George H.), Mossley-hill, near Liverpool. June 30; Ellis and Field, solicitors, 3, Fenwick-street, Liverpool. LUDLOW (Hannah), Clifton, Bristol. May 31; Fry and Otter, solicitors, Shannon-court, Bristol.

MARTIN (Sarah), 21, Langham-street. May 15: W. C. Fitch, solicitor, 21, Northumberland-street, Charing-cross. NALDER (John), 7, Brunswick-street, St. John's-street-road. June 24; W.E. Nalder, 7, Brunswick-street, St.John-streetroad, Clerkenwell.

unto Charles Farquhar Shand, Esq., Chief Justi

of the Island of Mauritius.

THE MASTERSHIP OF THE TEMPLE-I stated that the Rev. Dr. Robinson (late Ar deacon of Madras) has determined to resign office as Master of the Temple, and it is rumoured that his successor will most probably be the Bes E. H. Plumptre, of King's-college.

[blocks in formation]

NORFOLK PETTY SESSIONS. WYMONDHAM, Tuesday, 6th April. Extraordinary charge of an unnatural offence under sect. 61 of the 24 & 25 Vict. c. 100. Henry Browne, fifty-five, labourer, of Runhall, Norfolk, was brought up in custody, charged with committing an abominable crime with a greyhound bitch, the property of his master.

Linay (of Norwich), appeared for the pri

soner.

Several witnesses spoke of the cause of their suspicions being aroused, and two witnesses spoke positively as to having on the 18th ult. actually seen the prisoner in the very act of committing the offence.

Linay cross-examined with a view of showing that all the prisoner could be indicted for was the attempt, and reserved the prisoner's defence. The bench committed the prisoner for trial for

the minor offence, and consented to take bail.

At the Lancaster quarter sessions it was resolved that, "It was desirable to memorialise Government that in any future legislation on the subject of licensing beerhouses, full and ample control be placed in the hands of the magistrates, and that no such licences be granted without the consent of the magistrates."

Mr. Hepworth Dixon's famous book Spiritual Wives has given rise to judicial proceedings in Russia. I believe I have already told you that soon after its appearance it elicited replies from some of the persons involved in the dealing of the Königsberg_sects. These replies, not only criticising the English author, but also condemning

MERCANTILE LAW.

He trusted that both sides would extend

a

sinecure :

COURTS OF ARBITRATION FOR THE SETTLEMENT OF STRIKES were advocated in an able lecture on Thursday, April 1, by Mr. Rupert Kettle, of Wolverhampton, an authority on the subject. There was a large attendance of operatives, and Mr. L. Fry, who had been appointed umpire between the employers and operatives of Bristol, presided, and was well supported by employers. Messrs. H. Thomas, G. Thomas (Brislington), and Commissioner Hill, who were unable to attend the meeting, expressed themselves in favour of Courts of Arbitration. The chairman said the carpenters and joiners had agreed to such courts. Nothing gave him greater pleasure than to undertake any service of that kind, in which he thought he might be the means of promoting mutual goodwill amongst such important classes of the community. large amount of forbearance to him in this matter. He hoped the office would be a but if questions arose which the council could not settle, he trusted both sides would give him credit for an endeavour to bring a calm and an impartial consideration to the questions submitted, and an endeavour to act fairly, honestly, and equitably in the matter. Mr. Kettle's lecture was attentively listened to, and at the close he was thanked for it. The meeting also expressed its cordial approval of the principle of submitting disputes between employers and workmen to arbitration. Mr. W. Baker, in the course of some remarks, said the carpenters deserved great credit for initiating this movement in Bristol; and he hoped that their influence would be very great upon another section of the building trade that unfortunately at the present moment did not see things in the same light as the carpenters did. He referred to the masons. The most important question that had arisen for many years would be brought forward in May, when, if there was to be a trial of strength between the employers of masons and the masons, the struggle would There were all the essentials of a violent struggle. How much better it would be if the dispute could be settled in the way advocated by Mr. Kettle. He hoped the masons would see the wisdom of agreeing to such a course.

certain sentences passed by Prussian courts of
law, on which his opinions were partly founded, in
their turn gave umbrage to the Crown lawyers,
against the
who lodged the usual action of "hatred and con-
tempt of the Royal authorities
Out of the three pamphlets thus in-
writers.
culpated one, by order of the court, has been
seized and committed to the flames. The literary
world will be no loser by this unceremonious
destruction of one of its numerous children. The
defunct sheets contained a defence of Pastors Ebel,
Diestel, and other gentlemen of the same question-
ably sanctimonious hue, against the accusations
of the heathen world.-Correspondent.

a foot passenger

VELOCIPEDES AND TURNPIKES.-A gentleman
named Jones last week summoned Edward An-
drews, the toll collector of Northam-bridge,
Southampton, before the borough magistrates, for
unlawfully charging 3d. toll for himself and a
The defendant
French two-wheeled velocipede.
pleaded guilty to exacting the toll under the clause
empowering a charge for "
driving a wheelbarrow," under which clause he
had been in the habit of charging for perambu-
lators. The magistrates, after a week's considera-
tion, gave their decision in the case yesterday. They
decided that the collector had no power under the
Act to charge for a velocipede, and gave judgment
for the plaintiff, with 6. fine and costs against the
Mr. Page, solicitor for the
bridge company.
Northam-bridge Company, applied for a case to be
granted for the Court of Queen's Bench, to which
the magistrates acceded. Mr. Page stated that,
notwithstanding this decision, in the event of Mr.
Jones again refusing to pay toll the gates would be
shut against him. In that case Mr. Jones said he
should again apply for a summons against the toll-
keeper.

THE NEW BANKRUPTCY LAW.

NOTES OF NEW DECISIONS. DESCRIPTION OF DEED.-A deed of inspectorship is included in the words "deed of composi tion or arrangement" in sect. 136 of Bankruptcy Act 1861: (Ex parte Johnson, 20 L. T. Rep. N. S. 177. Bank.)

ASSENT.-One of two partners who executed a joint deed of inspectorship, assented to the deed in respect of moneys held by him in trust for strangers to the firm, but applied for the purposes of the firm. It was held that this was an insufficient assent: (Ibid.)

EFFECT OF DEED UNDULY REGISTERED.-A deed of inspectorship, although inoperative as against dissenting creditors, not having been duly registered through a defect in the statutable majority in value of creditors, may be binding on assenting creditors submitting to the jurisdiction of the court: (Ibid.)

ADMINISTRATION OF FUNDS.-Where a deed of inspectorship is held binding as above, the trustees will be ordered to administer the funds in conformity with the law of bankruptcy. An application under a deed for the administration of the funds ought not to be made by one of the debtors: (Ibid.)

JURISDICTION.-B. and C. carried on business

in partnership. B. paid to the bankers of the
firm of B. and C. a sum of 4815, the proceeds
of the sale of certain property held by him in
trust for A. This sum was applied by B. in
payment of some of the debts of B. and C.
B. and C. afterwards executed a deed of inspec-
torship, to which B. assented as a creditor for
the trust moneys, and the deed was registered
without the assent of B. in respect of the trust
moneys; the statutable majority of creditors in
value was insufficient, and the registration was

COUNTY COURTS.

MANCHESTER COUNTY COURT.
Tuesday, April 6.

(Before J. K. BLAIR, Esq., Judge.)
Re BLAKE.

Execution-Sale-Title to goods.

There must be an absolute sale of goods seized ander an execution to entitle the creditor to the fruits of his judgment:

Where, therefore, a debtor whose goods had been taken in execution were not sold when he filed his petition, his assignees were held entitled to them.

In this case it appeared from the statement of the learned counsel, Kirby (who was instructed by French), that in January last a judgment in the County Court was obtained for 671. by a Mr. Falk which certain household furniture and effects against Mr. J. N. Blake. Execution issued, under claimed by the trustees of Mr. Blake's marriage settlement were seized, and removed by the officers of the County Court. The trustees thereupon interpleaded, but the County Court, on the 22nd Feb. last decided against their claim and in favour of the execution-creditor. On the 23rd Feb., when the goods were about to be sold, Blake filed bankruptcy assignees were duly chosen, who, on his petition in the Bankruptcy Court, Under the behalf of the general body of creditors, claimed the goods, and instituted the present proceedings for the purpose of establishing such claim.

Kirby, in support thereof, referred to the 184th enacted that no creditor shall have the benefit of section of the Bankruptcy Act, by which it is

his judgment unless he has perfected his execution by sale as well as seizure in a case where the In the present case the petition was filed the day petition for adjudication of bankruptcy is filed. before the sale, and in addition thereto the execution-creditor had already taken his remedy by proving his debt under the bankruptcy, which, by the 182nd section of the Bankruptcy Act, was a clear election to abandon his rights to the fruits of his judgment. The authorities on the point were numerous, but the principal one was O'Brien v. Brodie, 14 L. T. Rep. N. S. 559.

Cotton, for the execution-creditor, resisted the claim, and argued that there had been a constructive sale by the removal of the goods, and to be prejudiced by the delay in the sale caused by that the rights of the execution-creditor ought not riage settlement. With respect to the proof of the interpleader of the trustees under the mar debt, by which it had been contended he had made his election to take his remedy under the bankruptcy, it was only a conditional proof, and simply admitted on the understanding that it might be withdrawn.

Upon the latter point Mr. Bolland, of the Bankruptcy Court, was called, and he deposed that the practice in bankruptcy was not to admit proofs of debts with such a condition attached, but that the waiver by the creditor of the benefit of his execution. admission of the proof was understood to be a

His HONOUR said the question before him was purely a legal one, and not one in which he could take into consideration any alleged hardship the liament was clear that where no sale had actually execution-creditor might suffer. The Act of Partaken place before the filing of the petition in bankruptcy the property passed to the assignees, and therefore, irrespective of the question of elecin favour of the assignees. tion raised by the creditor proving his debt, which he considered a bar to his claim, he should decide

Verdict for the assignees, with costs.

Tuesday, April 6.

(Before Serjt. WHEELER, Judge.) THE BAVARIA; THE NONANTUM. Admiralty-Claim for wages-Consular protest—

Jurisdiction.

Where an American seaman has signed articles, and a dispute arises, the matter is one for the arbitration of the American consul. Secus, where no articles have been signed. The following judgment sets forth all the facts and arguments in these cases.

His HONOUR said :-These are claims for wages, in one case by George Abdell, an American sailor, against the American ship Bavaria, and in the The American other by William Emsley, a Scotchman, against the American ship Nonantum. consul interposed, and protested against the set forth by him in each protest. On Monday the motion to dismiss the cases in accordance with prosecution of the suits, upon grounds which are

exceed in severity that of any previous period. invalid. On an application that the court would the protests came on for hearing, when Potter

order the inspectors of the deed to divide the separate estate of B. amongst his separate creditors, as in bankruptcy: Held, that all parties to the deed consenting, the court had jurisdiction under sect. 136 to make such order: (Ibid.)

appeared as counsel for the shipowners, and The claimants were represented by R. G. Williams as counsel for the American namely, that the consul. Carr. No question was raised, or indeed cauld be, as to the law of the case

« ՆախորդըՇարունակել »