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No. 47, NEW SERIES.-Vol. I.
DECEMBER 1, 1855.
LONDON AND WESTMINSTER BANK.
PAID-UP CAPITAL, £1,000,000.
WANTED, in a Country Office, an Experienced CON. THE LIMITED LIABILITY ACT, 1855, with Prece.
THE RIGHT HON. THE LORD MAYOR.
THOMAS FARNCOMB, Esq., Ald.
CHARLES GIBBES, Esq.
WILLIAM HAIGH, Esq.
GEORGE HANSON, Esq.
JOHN LEWIS RICARDO, Esq., M.P.
JOHN STEWART, Esq.
JOSHUA WALKER, Esq.
W. T. HENDERSON, Manager. WESTMINSTER BRANCH
1, St. James's-square.
J. W. WELDON, Manager. BLOOMSBURY BRANCH .214, High Holborn
WILLIAM EWINGS, Manager. SOUTHWARK BRANCH.
3, Wellington-street, Borough
EDWARD KINGSPORD, Manager. EASTERN BRANCH.. 87, High-street, Whitechapel
W. D. ASPERNE, Manager. ST. MARYLEBONE BRANCH. 4, Stratford-place, Oxford-street..
G. M. MITCHELL, Manager. TEMPLE BAR BRANCH ..217, Strand
CHARLES WARD, Manager. Current Accounts are received on the same principles as those observed by the London Bankers. No Christmas Boxes or other gratuities are allowed to be taken by the Officers of the Bank. The Bank also takes the Agency of Joint-stock Banks, Private Bankers, and other parties residing at a distance. Cheques on Penny Stamps may be drawn from any place in the United Kingdom.
Strong Rooms are provided for the security of Deeds and other property lodged by the Customers of the Bank.
Sums from 101. to 10001. are received on Deposit, at a rate of interest to be fixed at the time, and they are repayable upon demand, without notice. If withdrawn within a month no interest is allowed.
Sums of 10001. and upwards are also received on Deposit Receipts, upon such terms as may be agreed upon, with regard to the rate of interest, and the time of repayment. Parties may lodge money upon an interest Account who have no Current Account, and those who have Current Accounts may transfer any portion of their Balance to an Interest Account.
The Rate of Interest allowed at present on Deposits of 5001. and upwards is Five per Cent. London, Nov. 9, 1855.
J. W. GILBART, General Manager. TO THE BAR.-Gentlemen about to be called will find
This day is published, Nos. 1, 2, and 3, the largest, cheapest, and best assortment of Wigs at E. GRIP. THE PRINCIPLES OF EQUITY. By JOHN SIDNEY FIN'Sstreets.
SMITH, Esq., Barrister-at-Law, Author of "A Treatise on the
Practice of the Court of Chancery," LAW:-A Gentleman in his twenty-fourth year, and who
Benning & Co., 43, Fleet-street. has passed his examination, is desirous of an Engagement in an Office where he could take the Management of the Conveyancing Department, and, from a good experience, assist in the other branches of the
HADDAN'S LIMITED LIABILITY ACT. business.-Address, H. B., Messrs. Walter, 36, Bell-yard, Temple-bar.
This day is published, price 38. cloth,
dents of a Deed of Settlement for constituting a Company with VEYANCING CLERK. He must thoroughly and practically Limited Liability under the Act (or without Limited Liability under the understand Conveyancing, be competent to peruse Abstracts of Title, 7 & 8 Vict. c. 110) only; and of a Deed of Alteration for enabling an draw Wills, and assist the Principal in the usual routine of professional existing Company to register under the Limited Liability Act; and business. No Solicitor need apply.--Letters, stating age, qualifications, Notes on the Application of the Act, and on the Law relating to references, and salary required, to be addressed A. B., Post-office, Bury, registered and other Joint-stock Companies. By THOMAS HENRY Lancashire.
HADDAN, M. A., of the Inner Temple, Barrister at Law, and VineLEGAL and GENERAL DIARY for 1856 : containing rian Law Fellow and late Fellow of Exeter College, Oxford. Summary of Acts of last Session-Commercial and General In..
, , formation--County Courts-Law-Banking-Police-Post Office-Parliamentary-Stamp Duties-Taxes; and a variety of other information.
LAW BOOKS, REPORTS, &c. Revised to October 20, 1855.
MR. HODGSON will SELL by AUCTION, at his New PRICES.
Rooms, the corner of Fleet-street and Chancery-lane, on WedRuled with blue lines, with or without Money Columns, 8vo. edi. nesday, Dec. 5, at half-past 12, the valuable LAW LIBRARY of a tion, containing a week at an opening
Barrister, comprising a fine set of Ruffhead's Statutes at Large, from Ruled with blue lines, containing half a page for each day
Magna Charta, with continuation to 17th and 18th Victoria, 37 vols.; Ruled with blue lines, containing a page for each day
Bythewood and Jarman's Conveyancing, by G. Sweet, 9 vols.; Martin's Diary and Calendar only, cloth..
Conveyancing, 5 vols.; and many other modern Text Books. Also, a London: J. Sullivan, 22, Chancery-lane. series of the Reports in the Courts of Chancery, Exchequer,
Common EQUITY and LAW LIFE ASSURANCE
SOCIETY, pleas.. Nisi Peius, King's Bencli, &c., to the present time. The whole
CAUTION..TO TRADESMEN, MERCHANTS,
SHIPPERS, OUTFITTERS, &c.
WHEREAS it has lately come to my knowledge that some unprincipled
person or persons hare for some time past been imposing upon the Nassau W. Senior, Esq., Taster in Chancery.
public, by selling to the Trade and others a spuri article under the Charles Purton Cooper, Esq., Q.C., LL.D., F.R.S.
name of BOND'S PERMANENT MARKING INK; this is to give George Capron, Esq.
Notice, that I am the original and sole Proprietor and Manufacturer of
the said Article, and do not employ any traveller, or authorise any perExamples of the Bonus upon Policies declared to the 31st December, son to represent themselves as coming from my establishment, for the 1854.
purpose of selling the said Ink. This Caution is published by me to Date of Policy 18th March, 1845. 24th April, 1845. 7th Nov. 1845.
prevent further impositions upon the public, and serious injury to Age at Entry..
51. Annual Premium £25 7 6 £35 16
E. R. BOND, Sole Executrix and Widow of the late John Bond, £49
28, Long-lane, West Smithfield, London. Sum Assured
1000 Bonus added
To avoid disappointment from the substitution of counterfeits, 157 10 0 184 0 0
be careful to ask for the genuine Bond's Permanent Marking Ink; and Copies of the last Report, Prospectuses, and every information may be further to distinguish it, observe that NO SIXPENNY SIZE is or has had upon written or personal application to the Office.
at any time been prepared by him, the Inventor and Proprietor. No. 47, VOL. I., New Series.
8 4 0 0
GAZETTES.-Friday, Nov. 23.
Gustave Louis. Longfils, Pilgrim-street, Ludgate-hill, mer.
chant, Dec. 7 at 12, London, aud. ac.—John Stevenson, BarBANKRUPTS.
ham, Suffolk, innkeeper, Dec. 5 at 12, London, aud, ac.
Charles John Mare, Orchard-yard, Blackwall, shipbuilder, FREDERICK FRANCIS FOX, Finch-lane, London, tailor, Dec. 6 at 11, London, aud. ac. - Edward Pritchard, Mon
Dec. 3 and Jan. 4 at 11, London: Off. Ass. Cannan: mouth, clothier, Dec. 20 at 11, Bristol, aud. ac.-Henry
Sols. Venning & Co., 9, Tokenhouse-yard. - Pet. f. Nov. 21. Evans and Samuel Evans, Dudbridge, Stonehouse, GloucesROBERT GADSDEN, Millwall, Poplar, cement manufac- ter, saddle-tree makers, Dec. 13 at ii, Bristol, aud. ac.
turer, Dec. 3 and Jan. 4 at half past 11, London: Off. Ass. Morgan Williams, Llanelly, Carmarthenshire, wine merchant, Cannan ; Sol. Barrow, 96, Guildford-street, Russell-square. Dec. 6 at 11, Bristol, aud. ae.-
George Lowry, Salford, Lan. -Pet. f. Nov. 13.
cashire, flux spinner, Dec. 5 at 12, Manchester, aud. ac.RICHARD BRIANT, Murray-street, New North-road, Jacob Abraham Jacques and Louis Selig, traders, Dec. 6 at Hoxton, carpenter, Dec. 5 and Jan. 2 at half-past 2, Lon. 11, Liverpool, aud.ac.-Joseph Spencer, Bilston, Stafforddon: Off. Ass. Stansfeld; Sol. Brown, 21, Finsbury. shire, ironfounder, Dec. 8 at 11, Birmingham, aud. ac.-S. place.- Pet. f. Nov. 21.
Carlton, Darlington, Durham, coach manufacturer, Dec. II RICHARD BUTLER, Pickering-terrace, Bayswater, iron. at 1, Newcastle-upon-Tyne, aud. ac.-Thos. Walton, Haver
monger, Dec. 4 at 11, and Dec. 31 at 12, London : Of. Ass. ton-hill, Durham, glass manufacturer, Dec. 11 at half past 11, Johnson ; Sol. Turner, 30, Charles-street, City-road.-Pet. Newcastle-upon-Tyne, aud. ac.---Henry Lee Fry, Plymouth, f. Nov. 22.
artists' colourman, Dec. 17 at 1, Plymouth, aud. ac. and div. DANIEL DAVIS, Newington-causeway, Surrey, glass mer- - Hugh Williams the elder, John Williams, and Hugh Wil.
chant, Dec. 4 at 1, and Jan. 2 at 2, London: Off. Ass. liams the younger, West Smithfield, tailors, Dec. 15 at halfGraham ; Sol. Stubbs, 46, Moorgate-street, City.-Pet. f. past 11, London, div. joint est.; at half past 12, div. sep. Nov. 6.
ests. of H. Williams the elder and J. Williams.-John Reay JOHN PHILLIPS, Wood-street, Clerkenwell, wholesale rag and John Robert Reay, Mark-lane, wine merchants, Dec, 15 merchant, Dec. 6 and Jan. 1 at 2, London : Off. Ass. Lee; at 12, London, fin. div. joint est., and div. sep. est. of John Sol. Stubbs, 46, Moorgate-street, City.- Pet. f. Nov. 21.
Reay.- John William Nyren and Adam Wilson, Battersea, HENRY CORNEY, Brighton, builder, Dec. 6 and Jan, 1 Surrey, colour manufacturers, Dec. 14 at half-past 11, London,
at 1, London: Off. Ass. Edwards ; Sols. Kennett, Brigh: div. sep. est. of Adam Wilson.-Richard Walker, Wisbeach, ton; Sowton, 6, Great James-street, Bedford-row.—Pet.f. St. Peter's, Cambridgeshire, stationer, Dec. 15 at half.past 1, Nov. 21.
London, div.-Wm. Robinson, Ovington-square, Brompton, JOHN DAVIS, Worcester, tailor, Dec. 5 and Jan. 9 at and Trinity-square, Tower-hill, corn factor, Dec. 14 at 11,
half-past 10, Birmingham : Of. Ass. Christie; Sols. Rea, London, div.-John Brown, Winchester, Southampton, car, Worcester ; E. & H. Wright, Birmingham. – Pet. d. penter, Dec. 14 at 12, London, fin. div.-Philip Rufford, Nov. 22.
F. Rufford, and C. J. Wragge, bankers, Dec. 19 at half.past 10, SAMUEL SMART, Lenton, Nottinghamshire, builder, Birmingham, fin. div. sep. ests. of P. Rufford and F. Rufford.
Dec. 11 and Jan. 8 at half-past 10, Nottingham : Off. Ass. Phæbe Wesson, Loughborough, Leicestershire, bleacher, Dec.
Birmingham.-Pet. d. Nov. 20.
ton-super-Mare and Burnham, Somersetshire, potter, Dec. 27 Dec. 7 and Jan. 8 at 11, Bristol: Off. Ass. Miller ; Sols. Dec. 14 at 11, Leeds, div.-Wm. J. Mackarsie, Clay Cross, Simmons, Merthyr; Henderson & Co., Bristol. — Pet. d. Derbyshire, surgeon, Dec. 15 at 10, Sheffield, div.-Thos
. P. Nov. 9.
Featherstone, York, linendraper, Dec. 14 at 11, Leeds, div. GEORGE HANNAFORD, St. Mary Church, Devonshire, Samuel Oldfield, John Allan, and Edward J. S. Couzens,
baker, Dec. 5 and 27 at 1, Exeter : Off. Ass. Hirtzel ; Huddersfield, woollen cloth merchants, Dec. 14 at 11, Leeds, Sol. Laidman, Exeter. ---Pet. f. Nov. 21.
div. JOSEPH STEAD, Leeds, grocer, Dec. 10 at 12, and Jan. 7
CERTIFICATES. at 11, Leeds: Off. Ass. Hope ; Sols. Bond & Barwick, To be allowed, unless Cause be shewn to the contrary on or Leeds.-Pet. d. Nov. 20.
before the Day of Meeting. JONAS SMITH, Victoria Mill, Low Moor, Yorkshire, worsted spinner, Dec. 7 and Jan. 18 at 11, Leeds: Off.
Thos. Smith, Kingston-upon-Hull, grocer, Dec. 12 at 12, Ass. Young; Sols. Wavell & Co., Halifax. - Pet. d. Nov. 21. Kingston-upon-Hull.-William Johnson, Mountsorrel, Lei. OWEN WILLIAMS, Manchester, flour dealer, Dec. 4 and cestershire, innkeeper, Dec. 11 at half-past 10, Nottingham.Jan. 8. at 12, Manchester : Off
. Ass. Fraser ; Sols. Higson Edw. Ashwell, Gosberton, Lincolnshire, grocer, Dec. 11 at & Robinson, Manchester.-Pet. f. Nov. 19.
half-past 10, Nottingham.- Wm. Keeling, Birmingham, mer. MEETINGS.
chant, Dec. 17 at half-past 12, Birmingham.- Thomas Barnes, John Miller, Conduit-street West, Paddington, corn dealer, Southampton, woollendraper, Dec. 15 at half-past 1, London.
- William Watkin Ford, Sydney-cottage, Hornsey-road, and Dec. 13 at 11, London, div.-William Strahan, Sir John Howard's-buildings, Brick-lane, Old-st., St. Luke's, wholeDean Paul, Bart., and Robert Makin Bates, Strand, bankers, sale brush manufacturer, Dec. 14 at half-past 11, London.and Norfolk - street, Strand, navy agents, Dec. 11 at 11, Lon. Thomas E. Shales, Brighton, linendraper, Dec. 17 at 1, London, div.- John Morrison, Cheapside, tailor, Dec. 11 at 1, don.-- Richard Hoyes, West Cowes, Isle of Wight, licensed London, div.-- William Cornish, Great Thurlow, Suffolk, victualler, Dec. 17 at 2, London. Henry L. Fry, Plymouth, grocer, Dec. 11 at half past 1, London, fin. div. - John Ste artists' colourman, Dec. 17 at 1, Plymouth.-Richard Jartis, venson, Barham, Suffolk, innkeeper, Dec. 11 at half.past 1, Wolverhampton, beerseller, Dec. 11 at half-past 12, BirmingLondon, div.-- Hansard Jackson Bridges, Wandsworth-road, ham.--Henry Clarke, Church Stretton, Shropshire, seedsman
, Surrey, and Stowmarket, Suffolk, brewer, Dec. 11 at half. Dec. 17 at half-past 12, Birmingham.--Miles Robinson, Norpast 1, London, div.-- James Haywood, Derby, ironfounder, wood, near Otley, Yorkshire, farmer, Dec. 14 at 11, Leeds.Dec. 11 at half-past 10, Nottingham, aud. ac, and div. - Thomas Linfoot,' York, builder, Dec. 18 at 1, Leeds. James Wilson Jeffryes and John Meek, Liverpool, merchants, Dec. 12 at 11, Liverpool, div.-George Pryde, David Jones,
To be granted, unless an appeal be duly entered. and John Gibb, Liverpool, sail makers, Dec. 12 at 11, Liver- William Crampton, Bedford, near Leigh, Lancashire, cot. pool, div.-Sylvester Lewis Samuel, Liverpool, watch manu- ton manufacturer.- Joseph Dent, Atherstone Warwickshire, facturer, Dec. 11 at 11, Liverpool, div.-John David Neill builder.--Nathan Levy, Worcester, clothier. -Wm. Charles and Henry Sanderson, Liverpool, ship brokers, Dec. 12 at 11, Holland, Lincoln, grocer.- Bryan Hebden, Filey, Yorkshire, Liverpool, div. sep. est. of John David Neill.—Hugh Brown, innkeeper. - Thomas Routledge and Joseph Routledge, ComLiverpool, ship chandler, Dec. 13 at 11, Liverpool, div.-mercial-road, Lambeth, saw mills proprietors.- John Walter Joseph Feeny, Birkenhead, Cheshire, eating-house keeper, Rymill, Paul's Wharf, Upper Thames-street, paper agent.-R. Dec. 13 at 11, Liverpool, div.-Frank Castelli, Bury-court, Gray, Bishop's Waltham, and St. Mary-st., Southampton, hop St. Mary-axe, merchant, Dec. 11 at 12, London, pr. d.-0 merchant.—Matthew Richmond, Steele, Leicestershire, draper. Thomas, Manchester, tailor, Dec. 5 at 12, Manchester, last ex. -T. Scully and E. Scully, Curtain-road, Shoreditch, whole - Arthur Ferdinand de Neumann, Gloucester-street, Pimlico, sale cheesemongers.- Thomas Lawrance, Reading, Berkshire, and Lime-street, merchant, Dec. 10 at 2, London, aud. ac.
[For continuation of Gazette, see p. 469]. 2
CONTENTS. London Gazettes...
460 after eight days from filing of certificate-SumLeading Article 461 mons adjourned into court).
1083 Notes of the Week..
Vice-CHANCELLOR Wood's COORT. Reviews
By MATTHEW B. BEGBIE, Barrister at Law.
1084 Regula Generalis--Summary Procedure on Bills of Ex
The Attorney-Gencral v. Briggs-The Attorney-Gechange Act .....
neral v. The Birmingham and Oxford Junction Friendly Societies-Order of Court
Railway Company.-(Specific performance-CoEquity Sittings Papers and Cause Lists, after Michael.
venant to build in a particular manner-- -Acquiesmas Term
1084 NAMES OF THE CASES REPORTED.
Musgrove v. Flood.-(Married woman- Costs) 1086
COURT OF QUEEN's Bench.
By G. J. P. Smith and W. B. BRETT, Barristers at Law. Trevor 0. Bluck.-(Suitors' fee fund)
1077 The Royal British Bank v. Turquand.-(Action –
Bond executed by joint-stock company-Plea-
Excess of authority by directors-Prejudice to
shareholders-Deed of settlement-Provision for
borrowing money-Resolution of meeting of share.
1086 suit-Form of order for sale in administration suit
Graham v. Solomon. - (Outlawry where the property is in mortgage).......... 1078
Assignment of error by attorney-Practice-Waiver)
1089 Rolls Court.
COURT OF COMMON PLEAS.
By W. PATERSON and W. Mills, Barristers at Law. Dixon v. Gayfere-Herman v. Dunbar.-(Vendor and
Upton v. Townend-Upton v. Greenlees.-(Landlord purchaser-Grant of annuity-Whether charge
and tenant- Eviction, what is).....
1089 upon land)
COURT OF EXCHEQUER.
By W. M. Best, Barrister at Law.
Johnson v. Diamond.-(17 f. 18 Vict, c. 125, ss. 64,
1093 Vice-CHANCELLOR STUART's COURT.
CROWN CASES RESERVED.
By G. FRANCIS, Barrister at Law.
Reg. 0. Roberts.-(Counterfeiting foreign cointion Act, 1845.-(Railway company-Purchase
37 Geo. 3, c. 126, 8. 2- Attempt to coin) 1094 of land-Investment of purchase money-Costs of
PREROGATIVE COURT. incumbrancers-Lands Clauses Consolidation Act,
By A. WADDILOVE, D.C.L. 1845, sect. 80)
1082 In the Goods of William Jones.-(Will-Execution Ware o. Watson.-(Practice-Sale of land by order
- Acknowledgment of signature).
1096 of Court-15 & 16 Vict. c. 80, s. 34-51st General
In the Goods of Jane Webb.-(Will-Subscription of Order, 16th October, 1852 - Opening biddings
Mr. Barber, after having served his articles with the
Messrs. Scoones, of Tunbridge, practised as an attorney LONDON, DECEMBER 1, 1855.
in London; and here, while his practice was gradually
increasing, a Mr. Fletcher, a retired surgeon, of some THE case of Mr. William Henry Barber has been property, residing at Camberwell, was introduced to frequently noticed in our pages; but a condensed his- him as a client. He employed Mr. Barber in drawing tory of it, now that his labours have at length been agreements, leases, &c. between him and his tenants, crowned with success, cannot fail to be interesting to and in the course of such employment informed him, our readers,
that he had been successful in tracing the rightful The narrative was sufficiently remarkable before the owners of unclaimed dividends in several instances, recent judgment of the Court of Queen's Bench; but and had been rewarded for his trouble by receiving 51. it has now become more worthy of attention, as an per cent. upon the amount recovered. He gradually example of the triumph which awaits importunity for introduced cases of this nature to the office of Mr. right, and also of the desire which animates our judges Barber, employing him to perform such services with to act justly towards those who appeal to them, how- respect to them as are required to be performed hy a ever it may interfere with their previous judgments or solicitor. During four years he brought, mixed up their preconceived impressions. There is nothing more with other business, nine of these cases; five were gedelightful than to contemplate a great act of justice, nuine, four were fraudulent, the latter being supand the pleasure is, if possible, enhanced when we ported by forgeries and falsehoods of the deepest dye. are aware that it must have been performed at some It was beyond all dispute that Fletcher's guilty acviolence to the feelings, which may almost uncon- complices were a wretched old woman of the name sciously have formed themselves into prejudices, and of Richards, who lived just long enough to complete by reversing the effect of that which before has been the first fraud, her two daughters, Mrs. Dorey and decided by the same tribunal. In this country, 80 Mrs. Sanders, and the husband of the latter, Mr. Sanhigh is the character of our judges, so happy are we in ders, a fishmonger in Bristol. This being clear, the the administration of justice, that, as a general rule, no only question was and has been, whether Mr. Barber suppliant need despair whose consciousness of innocence was deceived by these artful criminals, or was himself can support him through the terrible ordeals to which a participator in their crime? He was one morning he will be subjected by the imputation of guilt. waited upon at his office by Mr. Freshfield, solicitor to the Bank of England, who, after introducing the sub-conduct. It will afford me real pleasure to continue ject, quickly assumed a threatening tone towards Mr. his acquaintance under happier circumstances*.” It Barber, who thereupon declined to be led in the per- was this most estimable clergyman who, in a letter formance of his duties by his visitor. He had the addressed to Lord Stanley in 1846, said, “I am misfortune to offend Mr. Freshfield by his answers. certain that if there were any mode of appeal, I A week afterwards he was arrested on his way to his could establish Barber's innocence; and so painfully office, taken before a magistrate, and charged with do I feel the misery of his condition that I would uttering a forged will for the purpose of obtaining un- in that case make a royage to England for the purclaimed dividends. He immediately sent for Fletcher, pose of doing s0; for the thought perpetually haunts insisted upon his telling the whole truth and giving me that Barber is undeservedly undergoing the fate of his evidence in open court, which very soon had the a convict at Norfolk Island, and I cannot shake off effect of transferring Fletcher to prison, but not, as the distress it occasions me.” Unable himself to take had been anticipated, of releasing Mr. Barber.
the voyage thus suggested, he actually sent Mrs. NayIn course of time, in April, 1844, (twelve years lor, with her infant child, to England with Mr. ago!), Fletcher, Mr. and Mrs. Sanders, Mrs. Dorey, Barber's papers, and then for the first time the meand Mr. Barber were arraigned at the bar of the morial and documents supporting it were read, an Old Bailey upon these charges. Mr. Barber applied investigation was instituted in this country, and Mrs. for a separate trial, so that he might have the benefit Naylor returned with a letter from the Secretary of of the evidence of those who stood by his side, and State, acquainting the reverend gentleman that the who alone could testify to what had passed between result of the inquiry was satisfactory, and a pardon them. The application was refused. Mr. and Mrs. would be sent out. Accordingly a pardon-conditional Sanders and Mrs. Dorey pleaded guilty. The trial upon his not returning to Great Britain or Irelandof the first case (Stewart's) lasted three entire days, was received by Mr. Barber in April, 1847. He was at and resulted in the conviction of Fletcher, but in this time with Fletcher and other prisoners at Impresthe acquittal of Mr. Barber. The next case that sion Bay, in Tasmania. This event, and its immediate was taken, although the last in order of time, was results, shall be given in his own words :Slack's case, and in this Mr. Barber was found guilty. “ Joyful was this news to my suffering mind. I The indictments in the other two cases (Burchard's was nevertheless in an awkward dilemma. The suand Hunt's) were not proceeded with. Barber was perintendent accompanied the intelligence by saying, suddenly called upon to say why judgment should You must give in your prison clothing, and proceed not be passed upon him, and then made a statement to Hobart Town, where you will receive the necessary declaring his innocence, and charging Fletcher, who document.' With what clothes,' said I, “shall I be stood by him, with having deceived him to his ruin. furnished to travel in ? (for not one article had I of my He and Fletcher were sentenced to transportation for own). 'I have no orders,' said he, 'alout that.' The life; Sanders to transportation for seven years; Mrs. principal communication between Hobart Town and Sanders and Mrs. Dorey to two years' imprisonment. Impression Bay was by water; but as the conditional Barber and Fletcher were sent to the worst penal set- pardon came unaccompanied by any authority for a tlement, Norfolk Island, where Fletcher was made a free passage, I was unable to obtain one. By land it clerk, and Barber was employed in cleaning out the was about ninety miles, through an alınost untrodden wards of the convicts. Applications for his services as region-a gum-tree wilderness, without, for the greater a clerk were refused, and he was intentionally sub- part, any roads, except a slight kind of sheep track, at jected to indignities and cruelties, from which even many places quite effaced by heavy rains; but go I Fletcher was exempt. At length, stretched upon a sick must; and for aught that the Government provided for bed in the hospital of Norfolk Island, he wrote a me- me, under such extraordinary circumstances, I might morial to the British Government, which, however, have wandered to Hobart Town naked and without was long kept back by the authorities of the island. food. My miserable fellow-prisoners, however, had Fletcher, as well as Sanders, had now made public more compassion upon me, and clubbed together such confessions of their guilt, and of Barber's entire inno- few odd articles of wearing apparel as they happened
There was, however, no mode open to him of to possess; and I gladly do the superintendent and the laying these facts before the Government, or of ob- religious instructor the justice to say, that they eked taining a favourable response to them. But stricken, out the charity of those whose fellow-captive I had so prostrate, as he was, he was not utterly forsaken. long been, sufficiently to enable me to set out upon my Those peaceful, beneficent agencies were at work, which, journey—a wandering mendicant round the earthrising gradually from the under-current to the surface having the fixed resolve to proceed, by the blessing of of life, bring hope and succour to the desolate and the Providence, to Paris, (a distance of 20,000 miles), there oppressed. A most excellent man, the Rev. T. B. to renew my never-ceasing struggle for justice. I someNaylor, (chaplain of Norfolk Island), had become times travelled thirty miles of that weary, though deeply impressed with a belief in Barber's innocence. welcome, journey without seeing a person from whom He it was who thus alluded to his sufferings, and the I could inquire the way. Knowing, however, the geofortitude with which they were endured :-“I have graphical position of Hobart. Town, the sun served as never known a prisoner of the Crown who has been my compass by day, and the stars by night. My course subjected to greater wretchedness. I rejoice to be able * See his statement, dated Norfolk Island, September, 1845, to add, that I have never seen an instance of more dig- set forth in a pamphlet published by Mr. Barber, p. 91, 8th nified suffering, accompanied by invariably consistent ed., 1853.
sometimes lay by the sea-coast, but oftener deep in victed? We trust there may be, and in the meantime the wood's embrace,' as I emerged from which the heartily. congratulate Mr. Barber upon his complete scenery was often sublimely beautiful. After crossing vindication, and wish him all prosperity in his renewed
vocation. mountains and fording streams, I in three days and three nights reached Tasmania's capital. Had a stage har
NOTES OF THE WEEK. lequin suddenly made his appearance, he could scarcely have attracted more attention than I did in my motley, Mr. M. T. Baines, Q. C., M.P. for Leeds, and forill-fitting suit. I was, however, soon metamorphosed. merly President of the Poor-law Board, has been I there found the Rev. Mr. Rogers, the late chaplain appointed Chancellor of the Duchy of Lancaster. of Norfolk Island, who generously received and maintained me at his own house for two months.”
Reviews As soon as his case had been fully inquired into, a subscription was raised in order to enable Mr. Barber to The Lawyer's Companion for 1856. Edited by W. F. proceed to Sydney. He arrived there after a voyage of FINLASON, Esq., Barrister at Law. (Continued anten days, and there also a very handsome sum was sub
[Stevens & Norton.] scribed for him, chiefly by the judges, barristers, and
This useful work has become more useful under the solicitors. He then took ship for China, driven to careful and industrious editorship of Mr. Finlason, and adopt that circuitous route in order to avoid the British being the companion of a practical and practising law
a glance at its contents will shew how worthy it is of coast. He proceeded to Canton, where he had a very yer. It containsnarrow escape from assassination. He then sailed for A law calendar for the year. Madras, where he arrived on the 20th January, 1848, A retrospective calendar for four previous years. after having been nearly shipwrecked in a dead calm,
The sittings of the Courts in and out of term. the current setting direct towards that dangerous sunken
Rules as to time, and tables shewing the time for rock known to mariners as Pedro Branca, at the en- taking steps in suits in law, equity, and bankruptcy.
The offices of the courts-their hours and their holitrance to Singapore*. At Madras he was received with days. cordiality and kindness, a munificent subscription was raised for him, and on the 14th February he resumed ruptcy, and County Courts.
Costs and fees in Common-law, Chancery, Bankhis journey, and, by the route of Egypt and Trieste, Recent cases as to practice. reached Paris on the 4th May. His first step was to Useful forms in legal proceedings, affidavits, attestalay his papers before the Marquis of Normanby, by tions, notices, &c. whom they were transmitted to the Government; and
Tables of stamp duties. in the following November he received at Paris his full
Tables for computing costs, calculating discount, inand unconditional pardon. He now lost no time in
terest, &c. proceeding to England, and although he had never Rules for the admission of attornies. been struck off the roll of attornies and solicitors, it Index to statutes of practical utility, from the 1 Geo.4 was necessary for him to apply for permission to take to last session. out his certificate, as more than twelve months had A London and provincial law directory. elapsed since he
A diary for 1856, with memoranda as to legal buAccordingly, in January, 1849, the application was siness. made; it was opposed by the Incorporated Law Society,
Recent cases bearing upon these subjects have been and referred to a Master of the Court; in July, 1850, carefully collected, and the forms have been recast under judgment was given refusing the certificate. În May, the Common-law Procedure Acts of 1852 and 1854. 1851, the application was renewed, but unsuccessfully. The index to practical statutes from 1 Geo. 4 to 1856 It was now that important evidence came to light, has been compiled expressly for the work by the editor, comprising two long statements by William Sanders, and will be found very useful. One of the tables remade by him for the information of his attorney pre- lating to costs shews at a glance the amount of the viously to his trial, and a statement by Mrs. Dorey, fractional parts of a bill of costs. made for the saine purpose. By following up the information contained in these documents, further evi- The Summary Procedure on Bills of Exchange Act, 1855, dence was obtained, all tending to corroborate Mr. Barber's statements from the time of his trial to the
(18 8; 19 Vict. c. 67); with an Introduction, Explaperiod of their discovery. Fortified by these welcome
natory Notes, and Index. Second Edition, including
the New Rule as to Costs. By 0. B. C. HARRISON, auxiliaries, another application was made by Mr. Barber, in May, 1853, to the Master of the Rolls, but he
Esq., Barrister at Law. [Wildy & Sons, 1855.] was referred back to the Queen's Bench. To that We formerly called attention to the main provisions Court again he went; in last Easter Term a rule nisi of this statute, (ante, p. 389), which has been renwas granted on his behalf, and on the 21st November, dered almost a dead letter by reason of the blunder in 1855, the rule was made absolute for the re-admission omitting all mention of costs from the indorsement on of Mr. Barber. Thus, after the lapse of twelve years the writ of summons, and of its being still open to since his conviction, Mr. Barber resumes his place in suitors to adopt the old in preference to the new system. society, his conviction annulled, his sentence remitted, The editor states that the omission to which we have his professional status restored.
just referred arose from a mistake in the draft of the Twelve precious years have been spent in outward bill when before Parliament. The question whether a wretchedness and disgrace — twelve years have been sum for costs may be indorsed, notwithstanding the destruck out of a professional career at the time when he fect in the act, was recently pending before the Court who was pursuing it was in the prime of life, and of Exchequer, and has just been set at rest by a Rule advancing towards success. Is there no remedy for of Court. (See post, p. 464). Mr. Harrison also points this-no compensation from society for the grievous out a mistake in the notice subscribed to the writ, wrongs which it inflicts upon the innocent man con- stating, that “if the defendant do not obtain leave
from one of the judges of the courts within twelve * See the work before referred to, p. 30.
days after having been served with this writ, inclusive