ERLE, C. J.-I am of opinion that this rule should be refused. The principle by which we ought to be guided is stated in Ex parte Bredon as follows:-"The legislature has required the Courts to see that many conditions intended to secure skill and respectability in attorneys have been complied with; amongst others, indirectly, that the stamp duty on the articles of clerkship has been paid. As to this payment, the Treasury has a direct duty in respect of the revenue; but beyond that, the Judges have a duty to see, either that the money has been paid in due time, or the delay accounted for, before they allow the enrolment, and order the service to count as above mentioned." It has been the practice, during all the time I have had the honour to sit in the Court of Queen's Bench and in this Court, to grant applica tions of this kind, where the party applying had, at the time of entering into his articles, good reason to believe that the money would be forthcoming at the proper time, and where the non-payment has arisen from unforeseen circumstances. This was the ground of the decision in Ex parte Bredon. The case made out was a very strong one; the promise which had been made, but not kept, was a promise the party had, under the circumstances, a right to expect would have been fulfilled. In Ex parte Bishop, the Court were about to refuse the application, when it appeared that the matter had been before my Brother Willes at chambers, who told the applicant, that on payment of duty and penalty he could be admitted; and it was on the ground that the applicant had been so informed, that the Court considered that they were bound to admit him. In Ex parte Herbert it is laid down by the majority of the Court, that the recent statutes, giving the Treasury a discretionary power to stamp the articles after the proper time for doing so has elapsed, rendered it a mere question of revenue, and that if the Treasury are satisfied, we have no option but to allow the enrolment of the articles nunc pro tunc. The stat. 19 & 20 Vict. c. 81, has altered the matter as regards the revenue, but no statute has been passed by which we are declared to be merely ministerial officers, to see that the duty has been paid. I do not concur, therefore, in that part of the judgment in Ex parte Herbert. The applicant in this case had not, at the time when he executed his articles, any reasonable expectation that the money would be paid within the six months, and, therefore, there was no unforeseen emergency entitling him to have his application granted. WILLES, BYLES, and KEATING, JJ., concurred. Application refused. AN INDEX то . THE PRINCIPAL MATTERS.. (The additional cases in this volume are indexed in [ ].) ACCEPTANCE. Per Procuration,-See BILL OF EXCHANGE. ADMINISTRATORS. See EXECUTORS AND ADMINISTRATORS. AFFIDAVIT. In support of Application for Interrogatories, On Filing a Bill of Sale,-See BILL OF SALE. ANCIENT FOUNDATIONS. ANCIENT LIGHTS. Prescriptive Claim for, under 2 & 3 W. 4, c. 71. To this plea the plaintiffs replied, that the commencement of a suit (or action) wherein Held, Williams, J., dissenting,—that the 3. A., being possessed of a house of three (871) Held, by Bramwell, B., and Blackburn, J., that the original obstruction was not justifiable, controverting the principle laid down in Renshaw v. Bean, 18 Q. B. 112 (E. C. L. R. vol. 82), and adopted in Hutchinson v. Copestake, 9 C. B. N. S. (E. C. L. R. vol. 99). Held by Wightman, J., and Crompton, J., that the original obstruction was justifiable, but that the defendant was bound to remove it upon the abandonment by the plaintiff of the usurped lights. Held, by Pollock, C. B., and Martin, B., that, the original obstruction being lawful at the time of its erection, its continuance was not unlawful. The judgment of the Court of Common Pleas was consequently affirmed. Jones v. Tapling, APPEAL. 826 An appeal from the Consistory Court to the APPRENTICE. Apprenticeship under a Local Act. : 383 1. By a local Act of 1 G. 2, c. xx., certain revenues were vested in the guardians of the poor of Canterbury, in trust for the maintenance and employment of the poor of that city and the guardians were required to give bond under their common seal, for themselves and their successors, for ever thereafter to provide for, clothe, and maintain sixteen poor boys of the said city, to be called Bluecoat Boys, and cause the said sixteen boys to be instructed, &c., and put them and every of them respectively out apprentices after they and every of them respectively should have attained their respective ages of thirteen years, and before their said ages of fifteen years, &c. :-Held, that this gave the guardians no authority to appren tice the boys against their will, or after the age of fifteen. St. Nicholas, Rochester (Churchwardens), App., St. Botolph-withoutRishopsgate (Overseers), Resp., 645 3. The fact of such fees having been paid and received from the year 1727 down to the present time, is evidence from which the immemorial receipt of them ought to be presumed, if they could have had a legal origin; and the fact of their amount having from time to time been varied, does not necessarily affect their validity. Id. 4. In considering the reasonableness of such fees, regard may be had to the amounts established by statute for similar services rendered by other officers, and to the fees formerly paid in the Courts of Westminster Hall and at the Assizes. 5. Id. It is only in respect of services rendered, or which the officer is ready and willing to perform, that such a claim can be substantiated. Id. 6. The archdeacon's visitation operating for the benefit of the parish at large, and, among others, of the churchwardens themselves, the performance of whose duties is facilitated by the services of the registrar, the fees payable to that officer are properly chargeable upon the churchwardens. Id. 7. 1. Enrolment nunc pro tunc.]-The Court will permit the service under unstamped articles of clerkship to be reckoned from their date, where the omission to pay the duty at the proper time was the result of an emergency which may be justly inferred to have been unforeseen by the party,-the stamp having been since affixed under the authority of the Commissioners of the Treasury. In re Matthew Breden, 351 2. B. had been managing clerk to an attorney, who died, leaving a widow and a son too young to carry on the business. He gave his services to the family and to a friend of the family (an attorney), in order to keep the business together until the son should be admitted. The son, as soon as he was admitted (in June, 1858), gave him his articles, and the widow promised to pay the stamp-duty, as a reward for the great service he had rendered the family. Trusting to the widow's promise, he continued to serve under the articles; and he did not discover that the money had not been paid until after the expiration of the six months allowed by the statute (6 & 7 Vict. c. 73, s. 8) for filing the affidavit and enrolling the articles. In January, 1862, he petitioned the Lords of the Treasury (having then procured the money himself), who allowed the articles to be stamped on payment of the duty and the penalty under the 19 & 20 Viet. c. 81, s. 3:— The Court, under the circumstances, and after conferring with the Court of Queen's Bench, permitted the affidavit of the execution of the articles to be filed and the articles to be enrolled nunc pro tunc, and the service under the articles to count from the date of their execution. In re Matthew Breden, 351 Uncertificated. 3. An objection that an attorney is not duly certificated should be taken before the master. Fullalove v. Parker, 246 4. If made the subject of an application to the Court, it should at least be shown clearly that the party could not by the exercise of reasonable diligence have ascertained the fact in time to bring it to the master's attention. Id. Striking off the Roll. 5. Practice on a rule calling upon an attorney to answer the matters. In re Wright, 705 6. It is no answer to such an application, that the applicant has already filed a bill in equity against the attorney for an account in reference to the transactions complained of,even though the proceedings in equity have resulted in a decree against the attorney. Id. 7. Where it has been referred to the master to examine into the charges and to report to the Court, it is not competent to the counsel for the accused to go into the evidence given before the master: the Court will only look to his report. Id. [Articled Clerk. 8. C., an articled clerk, who, before entering into his articles, was promised a sum of 100%. to be articled, was advised by the person through whom the sum was payable, to article himself, as he should probably obtain the money within six weeks. On the faith of this promise, C. articled himself to an attorney, but the 1007. was not paid, and he was unable to obtain that sum from other sources till twelve months afterwards, when, on payment of the duty and penalty, his articles were stamped. The Court, on these facts, refused an application to allow the articles to be enrolled, and the service to date from the time of execution. Ex parte Herbert, 8 Jur. N. S. 615, commented on. Ex parte Edwards, 869] BAILEE. See RAILWAY COMPANY, 3. BANKRUPT. What passes to the Assignees. Order and disposition.]—W., a trader, by bill of sale, dated the 14th of July, 1856, assigned all his stock and household furniture to the plaintiff as security for an advance of 100%. The deed contained a proviso, that, in case W., his executors, &c., should pay to the plaintiff, his executors, &c., the 1007. on the 14th of July, 1866, or at such earlier day or time as the plaintiff, his executors, &c., should appoint for payment thereof in and by a notice in writing given to W., his executors, &c., twenty-four hours before the day or time so to be appointed for payment as aforesaid, and should in the mean time pay the interest half-yearly to the plaintiff, his executors, &c., the deed should cease and be void. There was also a covenant by W. for payment of the 1007. and interest; and, a further proviso, that, until default should have been made in payment of the 1007. at the day appointed for payment, or of the interest, after notice, it should be lawful for W., his executors, &c., to hold, make use of, and possess the goods assigned, without any hindrance or disturbance by the plaintiff, his executors, &c. W. continued in possession of the goods until the 19th of January, 1862, when he committed an act of bankruptcy. On the 21st, the plaintiff left at his dwelling-house a notice in writing requiring payment of the 100%. and interest on the 23d. On the 22d, W. was adjudicated a bankrupt, and on the same day the messenger entered and took possession of the goods :-Held, that the goods passed to the assignees of W., as goods in his possession, order, and disposition, at the time of the bankruptcy, with the consent of the true owner, within the 125th section of the 12 & 13 Vict. c. 106. Spackman v. Miller, 659 Debts provable. 2. A declaration on a contract assigned for breaches,-first, that the defendant failed to replace certain amounts of preferential stock in a railway company,-secondly, that he failed to pay the plaintiff the dividends which became due upon such stock,-thirdly, that he failed to indemnify the plaintiff against calls made on certain mining shares assigned by him to the plaintiff as a security for the replacement of the stock above mentioned, which calls had been made and paid by the plaintiff. The defendant pleaded his 1. The description of the residence and occupation of the person making or giving a bill of sale, required by the statute 17 & 18 Vict. c. 36 to be contained in the affidavit filed with the bill of sale, must be that which fits the party at the time of giving the security, and not at the time of filing it. The London and Westminster Loan and Discount Company v. Chase, 730 2. An uncertificated bankrupt, following no occupation at the time of granting the bill of sale, may properly be described in the affidavit as a "gentleman," although at the time of filing the affidavit he carries on the business of a commission agent. And see BANKRUPT. BLEACHING WORKS. See FACTORY ACTS, 1, 2, 3. BOARD OF WORKS. Id. Liability of Contractor for Works done under the Local Management Act. 1. A public body, though acting gratuitously for the benefit of the public, is responsible for damage resulting from the negligent performance of the duty intrusted to it. Clothier v. Webster, 790 2. The 135th section of the Metropolis Local Management Act, 18 & 19 Vict. c. 120, empowers the Board of Works to make a sewer, and to carry their works through or under any cellar or vault under the carriageway or pavement of any street, &c., making |