No. 296, NEW SERIES.-Vol. VI. No. 1235, OLD SERIES.-Vol. XXIV. SEPTEMBER 8, 1860. PARTNERSHIP.-A occurs L for an ACTIVE PARTNER in a General Practice in a large Seaport Town in the North. A moiety to be disposed of, with a prospect of the succession. No one who cannot command at least 15001. need apply. Address, (quoting No. 544), Messrs. Kain & Sparrow, Law, Medical, and Mercantile Accountants, 69, Chancery-lane, London, W.C. PARTNERSHIP or PRACTICE. - Town or Coun try. The Advertiser desires a WORKING PARTNERSHIP or a PRACTICE, (paying a premium if required). He is a man of experience, energy, and liberal education, and is considered a good advocate. Has also a knowledge of Divorce and Probate Business. Address, E. O., No. 12, Serle-street, Lincoln's-inn. PRICE 1S. In the press, and shortly will be published, PRACTICAL TREATISE on the LAW of CHARITIES, MORTMAIN, and SUPERSTITIOUS USES, and on the Charitable Trusts Acts, 1853 and 1858, and the Roman Catholic Charities Act, 1860; with Forms and Directions of the Charities Commissioners, and Precedents of Dispositions for Charitable Purposes, Charities by Deed and Will. By HENRY JAMES STONOR, Esq., Barrister at Law, and Chief Commissioner for the Sale of West Indian Incumbered Estates. London: William Amer, Law Bookseller and Publisher, Lincoln'sinn-gate, Carey-street. PHEAR ON RIGHTS OF WATER. In Svo., price 5s. cloth, MONEY TO LEND.-£20,000 in one sum, or in A TREATISE on RIGHTS of WATER, including smaller sums of not less that £4000. Apply to Thomas Brace, Solicitor, 9, Chandos-street, Cavendish-square, London, W. ROBES.-The Members of the Learned Profession are respectfully invited to inspect the NEW ROBE DEPARTMENT of Messrs. H. J. & D. NICOLL, where every description of Robe may be obtained, correct in form, and at moderate prices. Q. C. Robes, rich silk, from 5 to 7 guineas. Bar Robes, 42s. and 50s. SELWYN'S NISI PRIUS.-New Edition. In 2 vols. royal 8vo., price 27. 16s. cloth, Public and Private Rights to the Sea and Sea-shore. By J. B. PHEAR, Esq., of the Inner Temple, Barrister at Law, Senior Fellow of Clare College, Cambridge. "The work is extremely well done."-Law Times, April 22, 1854. V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn. A NEW EDITION OF BEST ON EVIDENCE. Recently published, in 1 vol. 8vo.. price 28s. cloth boards, TREATISE on the PRINCIPLES of the LAW of EVIDENCE; with Elementary Rules for conducting Edition. By W. M. BEST, A.M., LL.B., of Gray's-inn, Esq., Barrister at Law. H. Sweet, 3, Chancery-lane, Fleet-street. SELWYN'S ABRIDGMENT of the LAW of NISI ditions. By DAVID POWER, Esq., one of her Majesty's Counsel, Recorder of Ipswich. V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn. 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By JOHN CORYTON, Esq., of Lincoln's-inn, Barrister at Law. H. Sweet, 3, Chancery-lane, Fleet-street. II GAZETTES.-FRIDAY, Aug. 31. BANKRUPTS. WILLIAM THOMAS PANTER GREEN, Northampton, currier, Sept. 12 at 12, and Oct. 10 at half-past 12, London: Off. Ass. Graham; Sol. Rawlins, Market Harborough. -Pet. f. Aug. 30. DAVID SMITH, Markyate-street, Hertfordshire, straw-plait manufacturer, Sept. 12 at half-past 1, and Oct. 12 at 12, London: Off. Ass. Stansfeld; Sols. Lawrance & Co., 14, Old Jewry-chambers, London.-Pet. f. Aug. 30. JOSEPH CLARKE, Kidderminster and Bewdley, Worcestershire, tanner, (trading as Richard & Joseph Clarke), Sept. 19 and Oct. 17 at 1, London: Off. Ass. Stansfeld; Sols. Murray & Co., 11, Birchin-lane, London.-Pet. f. July 6. THOMAS MANNING, Aldershott, Southampton, hotel keeper, Sept. 14 at 1, and Oct. 11 at half-past 1, London: Off. Ass. Whitmore; Sol. Richardson, 15, Old Jewry-chambers, Old Jewry.-Pet. f. May 31. WILLIAM HILLS, Sandgate, Kent, draper, Sept. 14 and JOHN COPE LENCH, Birmingham, leather seller, Sept. 10 MEETINGS. John Newton, Old Malton, Yorkshire, horse dealer, Sept. 21 at 11, Leeds, div.-Richard Dickon Askam, Knottingley, Yorkshire, limeburner, Sept. 21 at 11, Leeds, div.-Joseph Kershaw and Wm. George Kershaw, Wakefield, Yorkshire, stonemasons, Sept. 21 at 11, Leeds, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Lewis Levy, Gravel-lane, City, merchant, Sept. 21 at 12, London.-Freeman Newell, Huddersfield, Yorkshire, boot mercer, Nov. 12 at 11, Leeds. To be granted, unless an Appeal be duly entered. George Richardson and George Tomlinson France, Huddersfield, Yorkshire, cloth merchants. PETITION ANNULLED. George Bleackley, Salford, Lancashire, brewer. PARTNERSHIP DISSOLVed. Richard Metcalfe and Richard Huddleston Hodgson, Keighley, Yorkshire, attornies-at-law and solicitors. SCOTCH SEQUESTRATION. George Aitkin, Greengairs, New Monkland, Lanarkshire, grocer. TUESDAY, Sept. 4. BANKRUPTS. RICHARD BUTTLE, Long-acre, Middlesex, tailor, Sept. 15 at half-past 11, and Oct. 17 at 12, London: Off. Ass. Pennell; Sol. Godfrey, 5, South-square, Gray's-inn.-Pet. f. Sept. 1. WILLIAM PATMAN WATSON, Hampstead-road, Middlesex, draper, Sept. 15 and Oct. 17 at half-past 12, London: Off. Ass. Pennell; Sol. Peckham, 40, Ludgate-street.— Pet. f. Sept. 3. JOHN FREDERICK KENT, Croydon, Surrey, builder, Sept. 14 at 3, and Oct. 17 at 2, London: Off. Ass. Pennell; Sol. Tayloe, 4, Scott's-yard, Cannon-street, City.-Pet. f. Sept. 3. FREDERICK TAYLOR BRASSINGTON, Burslem, Staffordshire, shoemaker, Sept. 14 and Oct. 5 at 11, Birmingham: Off. Ass. Whitmore; Sol. Smith, Birmingham.-Pet. PHILIP MILNS, Stamford, Lincolnshire, bootmaker, Sept. d. Sept. 3. 18 and Oct. 9 at half-past 11, Nottingham: Off. Ass. Harris; Sols. Law, Stamford; Hodgson & Allen, Birmingham. JAMES SEASON, Leeds, Yorkshire, cabinet maker, Sept. -Pet. d. Aug. 31. 17 and Oct. 11 at 11, Leeds: Off. Ass. Hope; Sols. Cariss CHARLES DENES, Liverpool, importer of foreign mer& Cudworth, Leeds.-Pet. d. Aug. 25. chandise, Sept. 14 at 11, and Oct. 11 at 1, Liverpool: Off. Ass. Turner; Sol. Pemberton, Liverpool.-Pet. f. Aug. 24. MEETINGS. John Ridgway, Liverpool, merchant, Sept. 14 at 11, LiWoolton, near Liverpool, tailor, Sept. 14 at 11, Liverpool, verpool, aud. ac.; Sept. 27 at 11, div.-Joseph Burrows, aud. ac.; Sept. 27 at 11, div.-John George Claus, Liver 27 at 11, fin. div.-Sylvester Matison, Liverpool, butcher, pool, merchant, Sept. 14 at 11, Liverpool, aud. ac.; Sept. Sept. 17 at 11, Liverpool, aud. ac.; Sept. 25 at 11, div.Edmund Whittenbury Robinson, Liverpool, cotton broker, Sept. 14 at 11, Liverpool, aud. ac.; Sept. 27 at 11, div.— George Joseph Sandford, High-street, Marylebone, and Clerkenwell-green, Middlesex, linendraper, Sept. 27 at 11, London, div.-William Herring, Liverpool, confectioner, Sept. 25 at 11, Liverpool, div. CERTIFICATES. To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting. Frederick George Orchard and George Frederick Cunnington, Brick-lane, Old-street, St. Luke's, Middlesex, tent manufacturers, Sept. 27 at 12, London. -John Austen, Pierrepont-row, Islington, Middlesex, leather seller, Sept. 26 Middlesex, chair maker, Sept. 27 at 1, London.-Francis at 1, London.-Thomas Porter, Beauvoir-place, Kingsland, Bennett John Read, Leadenhall-market, City, and Upper North-Street, Bethnal-green, Middlesex, butcher, Sept. 27 at half-past 12, London. To be granted, unless an Appeal be duly entered. Samuel Langford, Myddleton-street, Clerkenwell, Middlesex, leather seller. Charles England, Barton-uponHumber, Lincolnshire, currier.-George Seaton, Kingstonupon-Hull, currier. SCOTCH SEQUESTRATIONS. William Inglis, junior, Leith, merchant.-David Calman Martin, Dundee, rope maker. DEATH OF THE TREASURER OF LINCOLN'S-INN.-John Herbert Koe, Esq., Q. C., the treasurer of Lincoln's-inn for the current year, and Judge of the County Court Circuit No. 37, died at his residence, No. 33, Glouces man was called to the bar on the 22nd November, 1810, and was made a bencher of Lincoln's-inn in 1842. CHARLES BOTTEN, Crawford-passage, Clerkenwell, Mid-ter-place, on Monday morning. The deceased gentledlesex, brassfounder, (trading under the firm of Charles Botten & Son), Sept. 19 at half-past 1, and Oct. 16 at 12, London: Off. Ass. Stansfeld; Sols. Lovell & Co., 14, Southsquare, Gray's-inn.-Pet. f. Aug. 30. SILVANO FRANCISCO LUIS PEREIRA and JOHN GRANT, Great Tower-street, City, wine merchants, (carrying on business under the style or firm of Pereira & Grant), Sept. 14 at 2, and Oct. 17 at 1, London: Off, Ass. Pennell; Sols. Wild & Barber, 10, Ironmonger-lane, Cheapside, London.-Pet. f. Sept. 3. The Right Hon. Sir William Erle, Knt., Lord Chief Westminster, has appointed George Penfold Holmes, Justice of her Majesty's Court of Common Pleas at Gent., of Arundel, Sussex, to be one of the Perpetual Commissioners for taking the acknowledgments of deeds to be executed by married women, in and for the county of Sussex. 8 London Gazettes........ By J. T. HOPWOOD, Barrister at Law. ROLLS COURT. By C. W. CROUCH, Barrister at Law. Construction 877 In re Dawson.-(Taxation-Third-party clause) .. 878 Ion v. Ashton. Legacies charged on real estate-Exoneration of real estate (Will -Mortmain) .... Davis v. Whitmore.-(Practice-Disclaimer by answer-Subsequent costs) In re Mundel's Trust.-(Trustee Act, 1850) 879 ...... 880 ...... 880 An incident of an unusual and unpleasant nature, which took place at the Surrey Summer Assizes of this year, has attracted a share of the public attention. The high sheriff of that county, Mr. Evelyn, is a gentleman of family and fortune, and a descendant of the celebrated Evelyn. When the grand jury, having concluded their business, came into court with the last of the bills, Mr. Justice Blackburn dismissed them, thanking them in the usual manner for the assistance they had rendered to the administration of justice. The high sheriff of the county had requested the judge to pay the compliment to the gentlemen who had attended, but who had not actually served on the grand jury, of thanking them for their attendance, as many of them had come a considerable distance to perform the duty; but the judge said he considered it unnecessary to do so, and it is understood that the high sheriff expressed his intention of thanking them himself. The judge had addressed the grand jury, and was about to proceed with a trial that was before the Court, when the high sheriff rose, and, addressing a number of magistrates who were on the bench, said that he also Mr. Justice Blackburn interposed, and said that he could not allow the high sheriff to proceed, and he must request him to desist. The high sheriff seeming determined to go on, the judge laid his hand on his shoulder, and said he could not permit him to speak, and he must request him to sit down. The high sheriff still per VICE-CHANCELLOR WOOD'S COURT. By H. B. INCE, Barrister at Law. The General Iron Screw Colliery Company v. Shurmans. (Merchant Shipping Act, 1854-Collision -Foreign vessel-Limit of British jurisdiction) 883 COURT OF QUEEN'S BENCH. .... By G. J. P. SMITH, Barrister at Law. The Guardians of the Portsea Island Union v. Whillier. (Collector of poor rates-Orders of Poorlaw Board-Bond-Appointment—Alteration of duties-Discharge of surety). 887 Ward v. The South-eastern Railway Company.—(Railway company-Judgment debtor-Purchase of stock in assumed name-Resale-Insolvency of judgment debtor-Power of company to remove name from register).. Reg. v. The Justices of Kent.-(County gaol-Paving and Lighting Act-Rate-Exemption-" Parliamentary or parochial" —54 Geo. 3, c. 104, s. 18) COURT OF COMMON PLEas. By J. GRANT, Barrister at Law. The European and American Steam-shipping Company, Limited, v. Crosskey.-(Arbitration-Appointment of umpire-Drawing lots) Hounsell v. Smith.-(Highway - Open quarry on waste between two highways-Nuisance-Pleading-Declaration-Action on the case) sisted, and Mr. Justice Blackburn threatened that if he did not desist he would fine him. This had no effect; the high sheriff would not sit down, and Mr. Justice Blackburn said, "Mr. High Sheriff, I feel myself called upon to fine you 500l." His Lordship then directed Mr. Avory, the deputy clerk of assize, to record the fine. The imposition of the fine did not have the effect of inducing the high sheriff to desist, and Mr. Justice Blackburn then threatened to commit him for contempt of Court, and interfering with the adminis tration of justice. The high sheriff then resumed his seat. This event naturally caused great sensation among the magistrates, and also among the bar. It is reported that a correspondence passed, in which Mr. Justice Blackburn offered to remit the fine, and that Mr. Evelyn, in answer, only sent a cheque for the money. This, however, seems apocryphal; at least, we have not been able to trace it to any authoritative source. Be that, however, as it may, the high sheriff and his friends brought the matter before the other judge of assize, Lord Chief Justice Cockburn; and the result was, that at a later period of the day the high sheriff entered the Crown Court, and, standing beside Mr. Justice Blackburn, read a written apology for his conduct, which Mr. Justice Blackburn accepted, declaring that he had no personal feeling in the matter, and remitted the fine. This took place on the 3rd August, and the affair was supposed to be at an end, the more especially as the high sheriff, with the concurrence of the justices of assize, left the town a few days after; but not so. On the 13th August the following placard was posted on the outside of the court in which, the criminal business having been disposed of, Mr. Justice Blackburn was trying causes : [Sept. 8, of amity and good feeling with their Lordships, and he now distinctly disavowed, on his honour as an English gentleman; the least intention to offer any personal insult to Mr. Justice Blackburn. [Mr. Justice Blackburn bowed his assent to this remark.] He could only say, in conclusion, that he desired to treat the Court with all respect and submission, and that the step he had taken was taken upon a sound conviction, that in ordering an English court of justice to be cleared of the auditory, the learned judge had assumed an illegal authority, and one which he (the high sheriff) felt bound to disobey, as the chief officer of the county. Their Lordships having briefly consulted, “To the freeholders and inhabitants of the county of Surrey.-Gentlemen, on Friday, the 3rd August, Mr. Justice Blackburn, in my presence, but without addressing himself to me, ordered that part of the court which is appropriated to the public to be cleared, at a time when perfect quietness prevailed among the public who were then present according to custom. From that time the public have been barred out from the court where Mr. Justice Blackburn presides, and the prisoners have been tried and causes heard without the possibility of the law being fulfilled, which requires that so many as will, or can,' shall come so near as to hear.' As your sheriff, and feeling that the general dissatisfaction is well grounded, it is my duty to record my protest against this unlawful proceeding, and I have given directions that the court shall be open again to the public, according to the custom and the law. All persons, so long as they conduct themselves with de-nistration of justice. The high sheriff had most uncorum, have a lawful right to be present in court, and I hereby prohibit my officers from aiding and abetting any attempt to bar out the public from free access to the court.... "I am, gentlemen, your faithful servant, “WILLIAM JOHN EVELYN, Sheriff." The judges, upon this, commanded the high sheriff to attend in that court next day. Accordingly, at nine o'clock on the 14th, the high sheriff, in court dress, came into court, and was quickly followed by Lord Chief Justice Cockburn and Mr. Justice Blackburn, in their robes, escorted by their marshals and officers. The Lord Chief Justice then called upon the high sheriff to state whether the placard that had been posted outside the walls of the court had been placed there by his authority. The High Sheriff replied that it had. The Lord Chief Justice then inquired what explanation he had to give for such a proceeding. The High Sheriff then rose, and bowing to their Lordships and the Bar, of whom there was a full attendance, said he was glad to have that opportunity of offering an explanation of the course he had pursued in publishing the placard which was now the subject of remark. That course he had not taken without deliberation, and he was bound, with the greatest respect and deference to their Lordships, to affirm that he believed he had discharged his duty to the county of Surrey as the high sheriff appointed by her Majesty. He proceeded to say that Mr. Justice Blackburn had ordered the court to be cleared of several of the au dience, and that the officers effectually executed the command. This, he respectfully contended, was an illegal act, and had the effect of invalidating the verdicts which had been afterwards returned; and this being so, he considered it obligatory on him to do what he believed the duties of his office required at his hands -viz. to assert the illegality of the course pursued by the learned judge, and to command his officers not again to obey such orders from the Court. The high sheriff then stated that he had left the town on Thursday with their Lordships' sanction, that he had departed on terms The Lord Chief Justice said that the Court had heard with anxiety and sorrow the statement which the high sheriff had addressed to them, amounting, as it did, to an entire justification of what their Lordships, as her Majesty's judges of assize, sitting as the representatives of the Sovereign, felt to be a most improper, unlawful, and unseemly contempt of their office and of the admi questionably mistaken the law to the utmost, and he 5007., and the fine was immediately recorded. from the high sheriff appeared in The Times news- - "I must reiterate, that on the 3rd August, at the Crown Court at Guildford, the whole of the space appropriated to the public was entirely cleared, and from that date to Monday, the 13th August, when I interfered, that space was empty. The only entrances left open were, first, the entrance for counsel, witnesses, jurors, and officials; and, secondly, the judges' entrance; and numerous complaints were made to me on the subject. I cannot but maintain that I was substantially right in the course taken." On the 22nd August a letter appeared in The Times, addressed to the editor of that paper, from Mr. Avory, the associate on the Home Circuit, in reply to the above: "Sir,-My attention having been called to the letter of Mr. Evelyn, the high sheriff of Surrey, inserted by you in The Times last week, it may, perhaps, be as well that the public should learn from an official source the causes which led to the order of the presiding judge, that the public should be excluded from a particular part of the Crown Court (so called) at Guildford during the recent assizes. "As deputy clerk of assize and clerk of the Crown, I have been during many assizes officially present in the Crown Court at Guildford, and I have on no one occasion been there without hearing most grievous and oftrepeated complaints of the extreme and painful difficulty of conducting the public business with decorum, owing to the disgraceful state of the barn' provided as a court for the administration of justice. Without a plan it is very difficult to convey a notion of the arrangements of this 'barn,' which, at one end, consisting of two arches, is open to and actually adjoins the public paved road, and I must therefore content myself with saying that about one-third of the whole area of the 'barn' is separated from the rest by a wooden barrier, and is appropriated as standing room (there not being a single seat in it) for a continually changing and noisy crowd, finding ingress and egress through the open end of the 'barn.' "The other two-thirds are occupied by judge, counsel, jury, and officials, and by seats for magistrates and for the general public. "The standing room which I have referred to above being the space next adjoining to the open street, it was found impossible to prevent the crowd from moving about and making a great clatter of feet; and, in fact, the din and disturbance were so great that it was extremely difficult to hear or be heard. Add to this the noise (in spite of straw laid down to prevent it) made by heavy country waggons and vehicles of all kinds passing along the paved road at the open end of the barn, and you may readily understand that the proceedings should be frequently absolutely stopped until the noise had subsided. 66 "On the day referred to by Mr. Evelyn, the 3rd August, the tumult was so great that the effort to hear and be heard was of the most painful kind, and I was really astonished that the judge did not order the whole court to be cleared of the public; but it was not until he had time after time commanded silence, and found that he did so without the slightest result, except for a few minutes, that he gave directions to have the standing room above referred to cleared of its noisy occupants. "That portion of the court in which there were no seats provided for the public, and in which a noisy crowd continually disturbed the public business, was entirely cleared, but the orderly part of the public continued in possession of the excellent accommodation provided by the justices of Surrey, and a crowd of persons, sufficient to create difficulty in passing and repassing, continued to attend and take great interest in the proceedings. On and after the 3rd August many orderly stragglers might also have been seen in the space which had been ordered to be cleared." "I am, Sir, your obedient servant, "HENRY AVORY, Deputy Clerk of Assize, Home Circuit. "10, King's Bench-walk, Temple." Such is the full account of this proceeding, in which we have no hesitation in pronouncing the high sheriff wrong throughout. Mr. Evelyn is a gentleman much, and we believe deservedly, respected in the county of Surrey, and it is said that, in compliment to him, the gentlemen of that county attended in much larger numbers than usual at the assizes in question. If, therefore, the affair had ended with his apology and the remission of the fine on the 3rd August, it might have been imagined that the previous conduct of the high sheriff, however illegal and indecorous in itself, was a mere error in judgment, arising from a cause creditable to him as a man-namely, the desire to express his gratitude to those gentlemen who had attended for the special purpose of doing honour to his shrievalty. But the issuing the placard is an act of a very different nature, and is one which, taken in connexion with the former part of his conduct, compels us to put a very different interpretation on the whole. There is a report that this last act was done under the advice of counsel; at all events it was done after the lapse of ten days, and consequently cannot be set down to precipitancy or want of time for consideration. We do not stop to inquire whether Mr. Justice Blackburn ought to have thanked those gentlemen who were not sworn on the grand jury-a course, we believe, unusual in which, however, he is contradicted both by the Lord -or whether Mr. Evelyn is correct in his statementChief Justice and Mr. Avory-that Mr. Justice Blackburn excluded the public from court. Assuming, for the purpose of the argument, that Mr. Justice Blackburn these matters, that forms no justification for Mr. acted indiscreetly, or even illegally, in respect to both Evelyn. If a judge of assize neglects or oversteps his duty, the constitution has provided remedies; but he is not to be publicly called to account, and have his acts overruled before his face, by the high sheriff, who is his subordinate, and indeed, in some sense, his servant for the time being. The high sheriff does not absolve him from the duty of obedience and has, indeed, precedence in his own county, but that respect to his Sovereign, or the judges of assize who. represent that Sovereign-"In præsentiâ majoris potestatis, minor potestas cessat." (Jenk., cent. 5, cas. 53). We hope that this affair is now at an end, and |