« EelmineJätka »
real and personal estate of or to which he should be seised possessed or entitled at the time of his decease unto and to the use of his wife H. H. absolutely and he appointed her sole executrix of that his will.
AND WHEREAS the said testator died on the day of 190 without having revoked or altered his said will and on the day of 190 the same will was duly proved by the said H. H. in the principal Probate Registry. AND WHEREAS the said H. H. died on the 19 intestate leaving the said A. B. and C. D. her only children and heiresses-at-law.
AND WHEREAS on the 19 letters of administration to the estate of the said H. H. deceased were duly granted out of the district Probate Registry at to the said A. B.
AND WHEREAS all the funeral and administration expenses and debts of the said S. H. and H. H. respectively have been paid. AND WHEREAS the said H. H. assented to the said devise and bequest contained in the said will of the said S. H.
AND WHEREAS the said A. B. and C. D. have agreed to partition the hereditaments described in the first second and third schedules hereto so that the entirety of the hereditaments described in the first schedule hereto should be taken in severalty by the said A. B. and the entirety of the hereditaments described in the second schedule hereto should be taken in severalty by the said C. D.
Now THIS INDENTURE WITNESSETH as follows:-
1. In pursuance of the said agreement and in consideration of the premises the said A. B. as the personal representative of the said H. H. deceased hereby conveys and each of them the said A. B. and C. D. as to her undivided moiety or equal half share hereby as BENEFICIAL OWNER conveys and confirms unto the said X. Y. and his heirs ALL the messuages buildings gardens easements and hereditaments respectively described in the first second and third schedules hereto. To[HOLD the same unto the said X. Y. and his heirs (subject to the said reservation more particularly described in the said third schedule hereto) to the uses following that is to say as to the hereditamente mentioned in the first schedule hereto and the rights of way and passage and easements mentioned in the third schedule hereto so far as the same appertain to or are enjoyed with the hereditaments mentioned in the first schedule hereto to the use of the said A. B. her heirs and assigns the said A. B. her heirs and assigns paying a proportionate part of the expense of keeping the said ways and passages in repair and as to the hereditaments mentioned in the second schedule hereto and the rights of way and passage and easements mentioned in the third schedule hereto so far as the same appertain to or are enjoyed with the hereditaments mentioned in the second schedule hereto. To the use of the said C. D. her heirs and assigns the said C. D. her heirs and assigns paying a proportionate part of the expense of keeping the said ways and passages in repair.
AND each of them the said A. B. and C. D. doth hereby covenant with the other of them her heirs and assigns that they the said covenanting parties respectively their respective heirs and assigns will observe and perform the covenants and conditions contained in the indenture of the day of 189 mentioned in the third schedule hereto so far as the same relate to the hereditaments hereby assured to them respectively and are now subsisting undetermined and capable of taking effect and will keep indemnified the other of them her heirs and assigns from all losses costs and damages which she or they may pay or sustain by reason of the breach non-observance or non-performance of the said covenants and conditions or any of
THE SECOND SCHEDULE ABOVE REFErred to.
All that &c. Which said messuages and hereditaments No. Street aforesaid are delineated on the map Nod. 2 on these presents and therein coloured green.
THE THIRD SCHEDULE ABOVE REFERRED TO.
In addition to all other rights of way and easements conferred or implied by virtue of the Conveyancing and Law of Property Act 1881 full and free right and liberty for the said S. H. his heirs and assigns and his and their agents servants tenants licensees and all other persons authorised by him or them from time to time and at all times by night and by day and for all purposes. To go return pass and re-pass either with or without horses cart waggons and other carriages through over along certain ways and passages feet wide coloured on the plan drawn on a certain indenture dated the day of 189 and made between of the one part and H. C. of the other part in common with the said H. C. his heirs and assigns and all other persons having a like right the said S. H. his heirs and assigns paying a proportionate part of the expense of keeping the same in repair But reserving
unto the said H. C. his heirs and assigns the right to grant a like right of way to such person or persons as he or they might think fit over and along the said passage feet wide on the side of the hereditaments conveyed by the said indenture of the day of 18 And also a right for the said S. H. his heirs and assigns and his and their tenants in common with all other persons having a similar right to use the drain as existing at the date of the same indenture from the same premises.
Revenue appeals will be taken in Appeal Court II. on and after Monday next. The order in which these appeals will be taken is as follows: Noe. 36, 23, 24, 25. 28, 34, 60, 65, 86, 63.
Appeals under the Workmen's Compensation Act will not be taken during the present sittings. They will be taken on and after the second day of the Michaelmas Sittings.
Further considerations will be taken by Mr. Justice Warrington on Tuesday next.
Motions for judgment will be taken to-day (Saturday).
Mr. Justice Channell and Mr. Justice Coleridge, having finished the business at Bristol, on the Western Circuit, last Saturday, returned to London and took their seat in court on the following Monday. They will now remain in town until the commencement of the Long Vacation.
Mr. Justice Scrutton, having finished the civil business at Durham on the North-Eastern Circuit last Saturday, returned to town and sat in court on the following Monday and Tuesday, proceeding with the non-jury list. He returned to the circuit on the following day, joining Mr. Justice Grantham at York. These two judges will open the commission at Leeds, being the last town on the circuit, next Tuesday, the 18th inst.
Mr. Justice Bray and Mr. Justice Bankes, having finished the business at Chester on the North and South Wales Circuit last Saturday, returned to London, and took their seat in the Divisional Court on the following Monday, proceeding with the civil list. Today (Saturday). they return to the circuit and will open the commission at Swansea this afternoon. When the business at this town is finished they will return to London, and will remain until the end of the present sittings.
On Monday last, Mr. Justice Bucknill left London for Stafford, on the Oxford Circuit, to join Mr. Justice Lawrance, and opened the commission on the following day. To-day (Saturday) Mr. Justice Bucknill joins Mr. Justice Ridley at Birmingham, and will open the commission on Monday next.
Mr. Justice Pickford, having finished the business on the Midland Circuit last Tuesday, returned to London, and took his seat in court on the following day, proceeding with the non-jury list. He will now remain in town until the end of the present sittings.
To-day (Saturday) Mr. Justice Ridley will join Mr. Justice Bucknill at Birmingham, and will open the commission on Monday next. There is a very slight possibility of these judges returning to London this side of the Long Vacation.
On Tuesday next, Mr. Justice Phillimore will open the commission at Guildford on the South-Eastern Circuit. When the business at this town is finished he will return to town and remain until the Long Vacation.
On Tuesday next, Mr. Justice Grantham and Mr. Justice Scrutton will open the commission at Leeds, being the last town on the NorthEastern Circuit. When the business at this town is finished they will return to town, where they will remain until the end of the present sittings.
Mr. Justice Horridge and Mr. Justice Lush will open the commission at Manchester, on the Northern Circuit, on Tuesday next, the 18th inst. It is understood (the business at this town is considerable, and therefore the possibility of these judges returning to London this side of the Long Vacation is very slight.
There are now eight judges of the King's Bench Division available to assist in the disposal of the London business, and they will remain in town until the end of the present sittings-viz., The Lord Chief Justice, Mr. Justice Darling, Mr. Justice Channell, Mr. Justice A. T. Lawrence, Mr. Justice Coleridge, Mr. Justice Hamilton, Mr. Justice Pickford, and Mr. Justice Avory. This number will be increased next week by the return of Mr. Justice Lawrance from the Oxford Circuit. No other judge is likely to return from circuit during the forthcoming week.
The July Sessions at the Central Criminal Court will commence on Monday_next, the 17th inst., at 10.30. Mr. Justice Lawrance, Mr. Justice Phillimore, and Mr. Justice Bray are on the rota to attend, but it is understood that Mr. Justice Lawrance will be the presiding judge.
The July Quarter and General Sessions were opened last Tuesday at the Sessions-house, Newington, before Mr. Robert Wallace, K.C. (chairman), Mr. Loveland Loveland, K.C. (deputy chairman), and other justices. The calendar contains the names of ninety-eight persons charged with offences, sixty-three having been committed from the north side and thirty-five from the south side of the Thames,
Mr. Justice Lush will act as Vacation judge for the first part and Mr. Justice Horridge for the second part of the Long Vacation.
The Inns of Court Trinity Term will end on Tuesday next. Mr. Justice Bucknil was the only judge of the King's Bench Division sitting in court last Saturday.
Sir Albert de Rutzen, the chief metropolitan magistrate, denies the statements recently circulated that he is about to retire.
Mr. T. M. Healy, K.C., has been adopted the O'Brienite candidate for North-East Cork.
Mr. Henry Argent Simmons, of Bathwick-hill, Bath, solicitor, who died recently, left estate valued at £24 874 188. ld.
The Freedom of the City of Edinburgh has been oonferred on Sir Edward Patrick Morris, K.C., Prime Minister of Newfoundland.
At Durham Assizes on the 7th inst.. Mr. Justice Scratton fined a special juryman £50 for having attended court in a state of intoxication.
A case which has just been decided in Paris affirms the principle that an airman injured in a fall is entitled to compensation under the Employers' Liability Act.
Mr. Justice Bankes, when on circuit at the Chester Assizes, was entertained at dinner on the 5th inst. by the members of the Bar of his old circuit in honour of his elevation to the Bench.
There were only two small cases at the Croydon Quarter Sessions on Monday, and the Recorder tendered his congratulations on such an extremely light calendar, the lightest he had had to dispose of.
The Treasurer and Masters of the Bench of the Middle Temple gave an "At Home." in their hall and gardens last Thursday. Several of the judges, benchers, and members of the Inn were present.
The Home Secretary has issued an order prohibiting the navigation of aircraft of every description over the City of Edinburgh over any place within four miles of the city on the 17th, 18th, 19th, 20th, and 21st inst.
Mr. James Phillips Court. of Ravenswood, Rock Ferry, Cheshire, and of Cook-street, Liverpool, solicitor, chairman of the North Wales Iron and Manganese Company Limited, who died on the 20th April, left estate of the gross value of £55,777, of which the net personalty has been sworn at £35,487.
Mr. Reginald George Gallop, of Lavington, The Drive, Wimbledon, SW., and of Belle Brise, St. Jean de Luz, France, barrister-at-law, who died on the 23rd May, aged fifty years, left estate of the gros8 value of £43,509, of which the net personalty has been sworn at £40,448.
Lord James of Hereford, we regret to sav, has been lying seriously ill for some time at his residence, Combe Warren, Tadworth, Surrey. It is gratifying to report, however, that there is now a great improvement. He is in his eighty-second year, and was called by the Middle Temple on the 16th Jan. 1852.
Sir Henry Poland, K.C., so well known to the Profession, celebrated his eighty-second birthday on Sunday, the 9th inst., he having been born on the 9th July 1829. He was called by the Inner Temple on the 13th June 1851, and became a bencher of his Inn on the 31st Jan. 1879.
The benchers of the Inner Temple have again extended their kind consideration to the poor children of the district surrounding the Temple, by allowing them into their gardens every evening from six until eight o'clock. It is a gratifying sight to see how much they enjoy themselves and how they appreciate the kind thoughts so extended to them.
The London County Council, on the 11th inst., decided to apply to the Local Government Board for the fixing of a limit of ten miles an hour to the speed of motor-cars in roads adjacent to Swiss Cottage, Hampstead, in West-hill and Swain's-lane, Highgate, in Buckingham Palace-road and Grosvenor-place, part of Streatham High-road, and part of Tooting Bec-gardens.
Mr. William Grange, solicitor and town clerk of Grimsby, celebrated his Linetieth birthday last Monday, he having been born on the 10th July 1821. Mr. Grange is the oldest town clerk in England, and he is a member of the firm of Grange and Wintringham, and was admitted in the Trinity Term, 1849. For many years past he has also acted as clerk to the borough magistrates.
At the annual cricket match, Bar v. Barristers' Clerks, to be held at the Oval, Kennington, on Saturday, the 22nd inst., the Bar team will be represented by Messrs. A. M. Latham (captain), J. Buchanan, W. L. Samson, John Flowers, D. R. Osborne, C. P. Goodden, H. Church, R. C. Cutter, the Hon. R. Gorel Barnes, the Hon. R. Coke, Messrs. W. W. Melville, and W. Cleveland Stevens. The Lord Chief Justice has promised to be present.
The third annual general meeting of the Society of Public Teachers of Law will be held (by permission of the Treasurer and Masters of the Bench) in the refreshment room, Lincoln's-inn Hall, on Friday, at 3.30. After the meeting the members of the society and their guests will dine together at the Waldorf Hotel at 7.30 for 7.45. Among the guests who have accepted invitations are the Treasurer of Gray's-inn (Mr. Edward Clayton, K.C.), the President of the Law Society (Mr. W. J. Humfrys), Sir Francis Maclean (formerly Chief Justice of Bengal), Sir H. Erle Richards. K.C., Mr. Balfour Browne, K.C., Mr. H. F. Manisty, K.C., Mr. J. F. P. Rawlinson, K.C., M.P., the Official Solicitor (Mr. W. H. Winterbotham), and the Principal of King's College, London (the Rev. A. C. Headlam, D.D.).
Mr. Edward Goulding, M.P., barrister-at-law, was presented with a service of silver by his colleagues of the Executive of the Tariff Reform League and the Central Office of the League "as a token of friendship and gratitude for eight years of devoted and self-sacrificing labours as Chairman of the Organisation Committee of the League." Subscription to the gift has been strictly confined to members of the Executive and of the staff of the League.
An Order in Council is published in Tuesday's Gazette prescribing that as from the 1st Feb. 1912 liquid preparations containing more than 5 per cent. by weight of free ammonia shall be added to the list. of substances to which sect. 5 of the Poisons and Pharmacy Act 1908 applies. This section provides that the name of the substance, when sold by retail, and the word “Poisonous" must be on the box, bottle, vessel, wrapper, or cover in which the substance is contained, together with the name and address of the seller.
It was stated at a meeting of the Nottinghamshire Standing Joint Committee on the 8th inst. that during the trial of the East Nottingham election petition Mr. Justice Channell and Mr. Justice Bucknill complained of the state of the judges' lodgings, the decorations and appointments of which had not been renewed for some years. Sir Ernest Paget, the chairman of the committee, upon his own responsibility had ordered new curtains and some additional furniture. The committee decided to have the house put in proper order.
Uzès in the department of Gard is a happy place recalling the state of things under Pope's Man of Ross, "Baulk'd are the Courts, and contest is no more. And vile attornies, now a useless race," for the French papers tell us the prison there has not a single inmate. A similar condition of things has happened before in the cathedral city, but it was thirty-six years ago. This happy state of affairs, we read, affects two persons, particularly, in different ways. The contractor, who furnishes supplies for the prison, is cast down, but on the other hand the gardien chef is jubilant.
Mr. James Dundas White, who succeeds Mr. Cameron Corbett as Liberal member for the Tradeston division of Glasgow, was born in 1886, his mother being the daughter of the late Mr. James White, of Overtoun, and was educated at Rugby and Trinity College, Cambridge. He was called by the Inner Temple in 1891, and is the author of works on the Merchant Shipping and Marine Insurance Acts, and on economic and legal subjects. He sat as a Liberal for Dumbartonshire from 1906 to 1910, but he did not stand at the election last December. He was formerly Parliamentary Private Secretary to Lord Pentland.
The Hardwicke Society will hold its annual dinner on Tuesday, the 25th inst.. at the Café Royal, at 7.15 for 7.45 p.m. The Lord Chief Justice will propose the health of Herr Heinroth, Mitgl. d. H.-H., Krosyndikus, Praesident des Kammergerichts (Supreme Court of Appeal in Prussia), and other members of the German Bench and Bar, who will be the guests of the society. Amongst others, the following have at present accepted the society's invitation to be present: Lord Mersey, Lord Justice Vaughan Williams, and Lord Justice Kennedy. Tickets are to be had from the hon. secretary, Mr. August Cohn, 1, Brick-court, Temple.
The death of Sir John Chute Neligan, K.C., who was from 1866 til! his retirement in 1908 a member of the Irish County Court Bench, recalls some extraordinary instances of length of tenure of their offices by Irish County Court judges. Sir Francis Brady, Bart., K C., was County Court judge of Tyrone from 1861 till his death in 1909. Mr. Jobn Richards was County Court judge of Mayo from 1859 till 1899. Mr. T. R. Henn, Q.C, was County Court judge and Recorder of Galway from 1859 till 1898. The Right Hon. Sir Frederick Shaw, Bart., was Recorder of Dublin from 1828 till 1876, and his immediate successor in that office, the late Right Hon. Sir Frederick Falkiner, K.C., filled it with distinction from 1876 till his retirement in 1905.
The ninety-third annual meeting of the London Mendicity Society took place at the society's offices, Red Lion-square, Holborn, on the 6th inst. Mr. Fritz Reiss, chairman, announced that the King had consented to become patron of the society. During the past year 1453 begging letters had been received for inquiry on behalf of the subscribers, showing an increase of 140 letters compared with last year. The society's constables had attended 2737 cases at the London police courts and forty-two beggars had been arrested by them in the streets; £415 had been paid to applicants for relief. There was a deficit balance of nearly £100 on the year's account. The present board of management were re-elected, and Lord Leigh and Major-General the Hon. Sir Reginald Talbot were appointed vicepresidents.
A firm of London solicitors send the following communication: "We have been the victims of a fraud by a man giving the name of Henry Gould and the address of 20, Cloudesley-square, N. He gave us particulars of his interest in some Irish property-the Croome Estate-and referred us to a Mr. Ernest Harris, solicitor, 20. Grafton-street, Dublin. Our reply to a letter addressed to the last named came from Mr. Ernest W. Harris, solicitor, 2, St. Andrew-street, Dublin, who informed us that he knew nothing of the matter, but that he had had similar letters from other London solicitors on the subject with the exception that the name given was not Henry Gould, but George Read. We have the names of these other solicitors and have placed the matter in the hands of the police. We thought you would like to insert this letter in your next issue to prevent similar frands upon other members of the Profession."
The growth of the business of the Central Criminal Court was referred to on Tuesday by the Common Serjeant. In the bearing of an application to fix a case he observed that, partly on account of the increase of the population in the area over which the court had jurisdiction, partly owing to recent Acts of Parliament which had increased the length of criminal trials, and partly also owing to the complexity of the cases to be tried, due to the conditions of modern life, trials nowadays went to such an inordinate length that it was very difficult to get rid of the business of one session before the next began. To the Common Serjeant's observations it may be added that for many days during the present sessions of the court the pressure of business has been so grea; that it has been necessary to have five courts sitting, and it is probable that the work still remaining will not be finished till after Monday, when the next sessions will begin.
The considered judgments were delivered on Wednesday in the Divisional Court on the report of the Statutory Committee of the Law Society that Mr. Arthur John Edward Newton, a solicitor of the Supreme Court, had been guilty of professional misconduct for (inter alia) aiding and abetting Mr. Horatio Bottomley, M.P., the editor of John Bull, to disseminate in that publication false information in the form of a letter purporting to have been written by Harvey Hawley Crippen, whilst lying under sentence of death in Pentonville Prison for. the murder of his wife. The Lord Chief Justice expressed himself satisfied that the committee were abundantly warranted in finding as they had done. The court ordered Mr. Newton to te suspended from practicing as 8 Bolicitor for twelve months from the 25th July 1911, and to pay the costs of the inquiry b.fore the Statutory Committee and of the hearing before the court.
The election on Saturday last as member for North West Ham in the House of Commons of Baron de Forest, an hereditary baron of the Austrian Empire, who was naturalised in England and authorised to use the title of baron in the United Kingdom in Oct. 1900, may direct attention to the gradual widening of the choice of constituencies and to the removal of restrictions and incapacities in relation to services in Parliament. Previous to the year 1700 an alien could acquire capacity for election by becoming naturalised, but 12 & 13 Wm. 3, c. 2, disqualified all persons born out of the King's dominions, even though naturalised or made denizens, unless they had been born of English parents. The Naturalisation Act 1870 (33 & 34 Vict. c. 14), e. 2, excepts political capacity from the general concessions which it makes to aliens of equal rights with natural-born British subjects. But the same Act (s. 7) enables an alien to acquire by naturalisation the political rights and obligations of a British subject, and thus to qualify for Parliament: (see Anson's Law and Custom of the Constitution of Parliament, pp. 80 81).
The lawsuit between the Staveley Coal and Iron Company and the Lincoln Corporation, the trial of which proceeded at Lincoln for eight days, has been settled by consent. The company sued for £15,000, breach of contract in connection with the supply of cast-iron pipes for Lincoln's new water supply, and the corporation alleged fraudulent delivery of pipes which had been rejected by their inspector, and counter-claimed for practically a similar amount. Sir Edward Carson on Wednesday announced 8 settlement. He admitted that the pipes had been tampered with at the works, but without the knowledge of the company, and be agreed to the terms, which said that the corporation should pay for the pipes actually used at contract price, while the company should take the others back at their own expense, the plaintiffs to abandon any further claim under contract and the final account to be adjusted. They agreed to pay the corporation £3000 on the counter-claim, and the company were to be relieved from all further liability under the contract. The company were to pay all the corporation costs. The parties expressed satisfaction at the termination of the proceedings, which Sir Edward Carson said on Monday were costing £3 10s. per minute.
Mr. Justice Grantham, in charging the grand jury at York on Wednesday, referred to the case in which a man named Lount lis charged with unlawfully attempting to wound Mr. Justice Ridley after the announcement of the result of the Central Hull election petition. He said he understood that the case was sent there specially to be tried, though in ordinary circumstanees it would have been dealt with at petty sessions. The evidence, if true, showed that the man did throw a piece of coal at the judges or at their car as it was moving off, and hit his brother Ridley. He believed that coal had been the Occasion of the heat of the election, so he supposed the man thought a piece of coal was the best way of giving expression to his warmth on the occasion. What he did the law would in ordinary circumstances call a common assault, and it seemed to him that the character of the person assaulted ought not in such a case to alter the character of the assault. He did not think that a little ebullition of feeling by politicians at election times was necessarily a sign of malice or wickednese, but whatever was done should be dealt with at the time, or as early as possible, to prevent a continuance of ill-will in a constituency after the occasion. Throwing anything at a judge might be a serious matter, and it might be interesting to note that attacks on judges and high officers of State were nothing new. So long ago as the reign of Richard II. they were suffering, as now, and the matter was dealt with by statute. In the twelfth year of the reign of Richard II. it was ordained, "That none be so hardy to invent or say or tell any falee news or lies"-they used good Saxon words in bose days-of the prelates or justices of one bench or the other," &c. So it seemed, added his Lordship, that people had suffered from attacks for 600 years.
Mr. Ronald M'Neill (Unionist), who has been returned unopposed. for the East, or St. Augustine's, Division of Kent, in succession to Mr. Akers-Douglas, who has been created a peer, is the only surviving son of Mr. Edmund M'Neill, of Craigdunn, county Antrim, and was born in 1861. Educated at Harrow and Christ Church, he was called by Lincoln's-inn in 1887. In 1899 he became assistant editor of the St. James's Gazette, and editor from 1900 to 1904. He was afterwards appointed assistant editor of the Encyclopædia Britannica. Mr. M'Neill has written on Home Rule, Socialism, and colonial topics. He contested West Aberdeenshire as a Unionist in 1906, South Aberdeen (City) in 1907 and 1910 (January) and Kirkcudbrightshire in 1910 (December). He married in 1884 Elizabeth Maud, fifth daughter of Mr. William Bolitho, of Polwithen, Penzance.
A coincidence of small import is worthy of a passing note. Until' quite recently there have been two firms of solicitors with offices in the same building in Lincoln's-inn-fields. One bore the name of Lempriere and the other Valpy. One firm has removed to another house in the Fields, so there will still be in this place two firms bearing the two classic names. Lempriere's "Classical Dictionary' was always a favourite among boys, but not so Dr. Valpy's famous "Latin Delectus." It was a good book of its kind before there were better ones, yet it offered unlimited scope for the old-fashioned teacher who did not teach but flogged, while his scholars managed to learn somehow. Since the foregoing was penned the writer has referred to his "Lempriere," and notices that the author says in his preface: "He has paid due attention to their (the schoolmasters, whom he had consulted) remarks, he has received with gratitude their judicious observations, and cannot pass over in silence their obliging recommendations. and particularly the friendly advice received from the Rev. R. Valpy, Master of Reading School," so there was a close association between Lempriere and Valpy.
The announcement of the Civil List Pensions for the current year will irresistibly recall the long and ultimately successful struggle for the establishment of the principle that pensions on the Civil List, by which dangerous corruption had in times past been practised, should be restricted to the reward of merit, and, to use the words of Edmund Burke, in bringing forward his scheme of economical reform in 1780, to "real public charity." After the establishment of various limitations for the abatement of the more flagrant abuses of the Civil List Pension system, at last, on the accession of Queen Victoria, the right of the Crown to grant pensions was restricted to £1200 a year. Such pensions are now conferred according to the terms of a resolution of the House of Commons of the 18th Feb. 1834, to "such persons as have just claims on the Royal beneficence, and who by their personal services to the Crown, by the performance of duties to the public, or by their useful discoveries in science aud attainments in literature and arts have merited the generous consideration of their Sovereign and the gratitude of their country." At the same time an inquiry was directed by the House of Commons to be made into the existing pension list, which resulted in the voluntary surrender of some pensions and the suspension or discontinuance of others: (Report on Pensions, the 24th July 1838).
The very considerable number of election petitions which have been the outcome of the last General Election may render it of interest to recall the fact that there are at least two instances on record of the trial of election petitions in respect to the return of university members or burgesses" the name by which the representatives of the universities in the House of Commons were known till 1872. In 1776 Richard Hutchinson, a son of the Right Hon. John Hely Hutchinson, Prime Serjeant of Dublin, who was Provost of Trinity College, Dublin, and as such returning officer at the Parliamentary election for Dublin University was unseated on petition as member for Dublin University owing to the illegal practices> and undue influence of his father to secure his election. In 1791 yet another election petition was tried by a committee of the Irish House of Commons against the return of Francis Hely Hutchinson, another son of the provost, as member for the University of Dublin, the charge being then made that the provost had offered to ehow the examination papers for fellowships and the right answers thereto to a candidate for fellowship in return for his vote for his son. The committee, by a majority of one including the double vote of the chairman, held the election valid. The Duke of Wellington, then Mr. Arthur Wellesley, a member of the Irish House of Commons, was & member of this committee, and voted in favour of the unseating of Mr. Hutchinson.
The prayer for the Lord-Lieutenant of Ireland, which in the preDisestablishment days was the subject of poignant stricture, that his Excellency might wield the sword which our Sovereign Lord the King hath committed into his hands,' was read in the Anglican Churches in Ireland on last Sunday, notwithstanding the presence of the King in Ireland. The moment the King set foot on Irish soil the Lord-Lieutenant was ipso facto functus officii. When the King arrived in Dublin Castle the sword of State was delivered to Hia Majesty by the Lord Lieutenant. to whom it was immediately returned. By this formality the ordinary powers and functions of the office of Viceroy were for convenience sake neither abrogated nor suspended although, of course, the monarch would be free to exercise should occasion arise therefor any of his royal prerogatives. It is somewhat remarkable that according to a practice necessary in former times owing to the difficulties and delay both in travelling and communication of intelligence, but now without any grounds whatever to justify its continuance, if the Lord-Lieutenant of Ireland leaves that country for a day Lords Justices are sworn for the discharge of the
duties of administration in his absence, whereas the Sovereign can leave Great Britain for a visit, not merely to his kingdom of Ireland, but to foreign countries, without the appointment of Lords Justices for the discharge of royal functions in his absence. The last instances of the appointment of a Regent during the absence of the Sovereign from the realm were in 1716 when the Prince of Wales was made guardian and lieutenant of the kingdom, and in 1732 when Queen Caroline occupied the same position. On other occasions since 1895 Lords Justices have been appointed under the Great Seal with powers specified in the Letters Patent which gave them their commission, that has not been done since 1821. The fact that the Sovereign is absent from the realm does not impair the validity of any executive aot done during such absence, and modern facilities of communication have enabled the King to give the Royal assent to Bille by commission, and to transact other business without inconvenience to the conduct of the Government while out of the kingdom. In 1845 on the occasion of Queen Victoria's visit to Germany Lord Campbell raised the question of the advisability of the appointment of Lords Justices during Her Majesty's absence, for which, however, Lord Lyndhurst in a masterly exposition showed there was no adequate reason (see Anson's Law and Custom of the Constitution, ii, The Crown, Part 1, pp. 216-247; see also May's Parliamentary Practice, p. 515).
Company-Powers of Directors -Control of Company in General Meeting -Articles of Association-Appointment of Managing DirectorConstruction.-By art. 99 of the articles of association of a limited company the directors were empowered to appoint one of their body to be managing director of the company. By art. 113 the business of the company was to be managed by the directors, who might exercise all such powers and do all such things as might be exercised or done by the company, and were not by the statutes or those articles directed or required to be exercised or done by the company in general meeting, subject to the provisions of the statutes, and the articles, and to such regulations as might be from time to time prescribed by the company in general meeting. At an extraordinary general meeting of the company held on the 30th March 1911 a resolution was passed that the then managing director, L., whose term of office was expiring, should be reappointed managing director. Notwithstanding this resolution, the directors by resolution on the 7th April 1911 appointed another director, S., to be the managing director in the place of L. at the end of his term. An action was brought in the name of the company against the directors who passed the resolution to have it declared invalid and to restrain them from acting upon it. The plaintiffs then moved for an interim injunction. It was decided by Warrington, J. (ante, p. 33) that the proviso in art. 113 making the powers of the directors subject to the regulations prescribed by the company in general meeting did not apply to the special power conferred upon them by art. 99, and that the appointment by the directors of S. as managing director was valid and binding. The plaintiffs appealed. Held, without expressing any final opinion as to whether Warrington, J. was right as to the applicability of the articles, that the mution for the interim injunction was not maintainable. Appeal dismissed.
[Thomas Logan Limited v. Davis. Ct. of App.: Cozens. Hardy, M.R, Farwell and Kennedy, L.JJ. July 8-Counsel: for the appellants, Henry Terrell, K.C. and H. Maddocks; for the respondents, Cave, K.C. and Maugham; G. E, Tyrrell. Solicitors: for the appellants, Maddocks and Colson, agents for Maddocks, Ogden, and Co., Coventry; for the respondents, Rawle, Johnstone, and Co., agents for Wright, Hassall, and Co., Leamington; H. Tyrrell and Son, agents for C. H. Passman, Leamington ]
Contract-Agreement for Service for two Years-Power to terminate Agreement by Notice at any Time-Verbal Contract-" Agreement not to be performed within the Year"-Statute of Frauds (29 Car. 2, c. 3), 8. 4,-Appeal of the plaintiff from the judgment of A. T. Law. rence, J. upon a special case stated by an arbitrator. The plaintiff brought this action to recover damages from the defendant for breach of a contract to employ the plaintiff. By an order made by a master, and by consent, the action was referred to an arbitrator. Before the arbitrator it was agreed that he should first determine whether there was any concluded and binding agreement between the parties. The defendant contended that the agreement alleged by the plaintiff was within sect. 4 of the Statute of Frauds, being an "agreement not to be performed within the year.' arbitrator made his award in the form of a special case for the opinion of the court, in which he stated: "I find that the agreement alleged and relied upon by the plaintiff was an agreement for employment of the plaintiff for a period of two years, subject to six months' notice on either eide during that period, and that there was no memorandum in writing containing all the terms stated by the plaintiff in his evidence as constituting the agreement between
was or was
himself and the defendant." The question for the opinion of the court was whether the agreement alleged by the plaintiff not within sect. 4 of the Statute of Frauds. A. T. Lawrence, J. held that the agreement alleged was an "agree. ment not to be performed within the year," within sect. 4 of the Statute of Fraude, and gave judgment in favour of the defendant: (104 L. T. Rep. 494). The plaintiff appealed. Held (affirming the judgment of A. T Lawrence, J), that the agreement for employment for two years, though determinable by notice by either party at any time during that period, was agreement not to be performed within the year," within sect. 4 of the Statute of Frauds.
[Hanau v. Ehrlich. Ct. of App: Vaughan Williams, Fletcher Moulton, and Buckley. LJJ. Jaly 3 and 4.-Counsel: for the appellant, Atkin, K.C. and Colefax; for the respondent, Dickens, K.C. and Bremner. Solicitors: for the appellant, Michael Abraham, Sons, and Co.; for the respondent, Spyer and Sons ] Highways-Extraordinary Traffic. Excessive Weight -Extraordinary Expenses of Repair-Average Expense of Repairing Highways Neighbourhood"-Damage recoverable- Highways and Locomotives (Amendment) Act 1878 (41 & 42 Vict. c 77), 8. 23-Locomotives Act 1898 (61 & 62 Vict. c. 29), s. 12.-Appeal by the plaintiffs from a decision of Channell, J. reported 104 L. T. Rep. 542. The action was brought by the plaintiffs against the guardians of the defendant union, and K. the contractor, to recover the sum of £290 23. 9d., being extraordinary expenses incurred in the repair of certain highways in the defendant's district. The plaintiff, as rural district council, were liable to repair a certain highway in the parishes of L., B., and D., extending for a distance of four miles and four farlongs, leading from L. railway station to a workhouse or farm colony of the defendant union in the parish of D. It was alleged by the plaintiffs in the statement of claim that in the months of June to Sept. 1909, large quantities of manure were conveyed by means of trucke, drawn by heavy traction engines, from the L. railway station to tho workhouse or farm colony along the highway by or in consequence of the order of the defendant union, or by or in consequence of the order of the defendant K. The traffic so conducted along the said highway was alleged to be excessive in weight and extraordinary traffic within the meaning of sect. 23 of the Highways and Locomotives (Amendment) Act 1878, and the plaintiffs claimed the above-mentioned sum as being extraordinary expenses incurred by them in repairing the highway by reason of the damage caused by the excessive weight passing along the same and the extraordinary traffic thereon. The plaintiffs also alleged that it had been duly certified to them by their two surveyors, that having regard to the average expense of repairing highways in the neighbourhood, extraordinary expenses had been incurred by them to the above amount in repairing the highways. It appeared that the defendants, the guardians of the Poplar Union, had in April 1909 made an agreement with the defendant K. for the cartage of all coal, manure, and other materials required by the defendants to be brought from L. railway station to the workhouse farm, and K. was consequently joined as a defendant. Channell, J. found as a fact that there had been extraordinary traffic, though not to a considerable extent upon the highway, and that the extraordinary traffic had in fact damaged the road in some places though the damage was not large, so that the expense of repairing the road had been somewhat increased, though the increased expenditure, whatever it may have been, had not substantially increased the highway rate in the district so as to thereby throw any increased or unfair burden upon the other ratepayers of the district, and he gave judgment for the defendants. The plaintiffs appealed. Held, that the necessary conditions had not been made out by the plaintiffs to entitle them to recover, and that they had failed to satisfy the court that there was such extraordinary traffic as to cause extraordinary expense. Appeal dismissed.
[Billericay Rural District Council v. Guardians of the Poor of Poplar Union and Keeling. Co. of App. : Vaughan Williams, Fletcher Moulton, and Buckley, L.JJ. July 5 and 6.-Counsel: for the plaintiffe, Macmoran, K.C. and Naldrett; for the Poplar Union, C. A. Russell, K.C. and Bethune; for the defendant Keeling. Sir F. Low, K.C. and C. E. Jones. Solicitors for the plaintiffe, Indermaur and Brown, for Lewis and Quennell, Brentwood; for the Poplar Union, E. J. Marsh; for the defendant Keeling, W. Hilliard and Ward.]
HIGH COURT OF JUSTICE-CHANCERY DIVISION. Extraordinary Tithe Rent-charge-Redemption-Money paid into Cours -Application to invest-Costs-Tithe Act 1846 (9 & 10 Vict. c. 73), 8. 9-Tithe Act 1860 (23 & 24 Vict. c. 93), 8. 39-Extraordinary Tithe Redemption Act 1886 (49 & 50 Vict. c. 54), s. 5, sub-83. 3 and 4. An originating summons was taken out on the 3rd April 1911 by the Dean and Chapter of C. to obtain an order for the investment in Newfoundland Government Three and a Half per Cent. Inscribed Stock (1945) of a sum of £481 paid into court pursuant to sect. 5 (a) of the Extraordinary Tithe Redemption Act 1886, by one, G. W., for redemption of a tithe rent-charge, and for an order that G. W. should pay the costs of the application. The land commissioners had certified that the capital value of the extraordinary tithe rent charge payable in respect of certain land by the defendant was £481, and on the 21st March 1911 G. W. paid into court that sum to the credit of Ex parte the Extraordinary Tithe Redemption Act 1886. In the matter of John Alfred Graham Wigan, of Oakwood Park, Maidstone,
landowner, and the Dean and Chapter of the Cathedral Church of Canterbury, tithe owners." The Dean and Chapter of C. had become by a certain scheme of exchange the owners of the tithe, but the Board of Agriculture had held that they were not persons able to give a good discharge for the redemption price under sect. 5, subEect. 3, of the Act, and had directed that the redemption money should be paid into court under sect. 5, sub sect. 4, of the Act. The only question argued at the hearing of the summons was how the costs of and incident to and consequent upon the application including any brokerage ought to be borne. There was no provision in the Act itself, and there was no reported case on the point. Counsel for the applicants argued that by analogy of cases under the Lands Clauses Acts the respondent being the person who had exercised the compulsory powers ought to pay the costs of the application. The learned judge said that it was admitted on both sides that it was a question for the discretion of the court; that he must regard the presumed intention of the Legislature, which he thought must have intended to safeguard the tithe owner; and that in all ordinary cases the costs ought to fall on the person whe exercised the power of redeeming the charge; the landowner must pay the costs of the application, which would not include brokerage.
[Ex parte the Extraordinary Tithe Redemption Act 1886; Re Graham-Wigan. Ch. Div.: Neville, J. June 28.-Counsel: E. F. Ball; E. F. Harman. Solicitors: Kingsford, Dorman, and Co., for Kingsford, Arrowsmith, and Wightwick, Canterbury; F. J. Berryman for Brennan and Brennan, Maidstone.] Practice-Action-Consent Judgment-Damages to be ascertained by Special Referee-Defendants to pay Damages found-Subsequent Report finding Amount payable-Interest-Form No. 7a, appendix F to Rules of Supreme Court-Judgments Act 1838 (1 & 2 Vict. c. 110), 88. 17, 18.-By their action commenced in June 1910 the plaintiffs claimed an injunction, account, and damages in respect of the wrongful working by the defendants in Feb. 1909, subsequently continued to the issue of the writ in the action, of a vein of fluor spar lying under land of the plaintiffs. On the 18th July a judgment by consent taken on a motion treated as the trial of the action the court granted an injunction, the action to be compromised on terms that it be referred to a referee to ascertain the sum to be paid as damages, the referee to inquire the market value when brought to bank of spar gotten by the defendants and what damages, if any, the plaintiffs had suffered by reason of the plaintiff's minerals being rendered unworkable or only workable at increased costs by reason of the defendants' trespass. The defendants were to pay the amounts to be found in answer to the inquiries. On the 1st June 1911 the official referee (who on the 7th Nov. 1910 had been nominated as special referee to ascertain the sum to be paid as damages upon the basis of the order of the 18th July 1910) in pursuance of the order reported that he had ascertained the sum to be paid as damages on the basis of the order, found the amount payable by the defendants to the plaintiffs to be £1515, and decided that the defendants should pay the costs of the reference. On motion by the plaintiffs that the referee's report might be adopted and the defendants ordered to pay the £1515 mentioned in the report with interest at 4 per cent. the plaintiffs, relying on sects. 17 and 18 of the Judgments Act 1838 (1 & 2 Vict. c. 110) and Borthwick v. Elderslie Steamship Company (93 L. T. Rep. 387; (1905) 2 K. B. 516), asked for an order for payment of interest at 4 per cent. from the time the fluor spar was brought to bank, or, alternatively, from the date of the judgment by consent. The defendants, for whom Phillips v. Homfray (62 L. T, Rep. 897; 44 Ch. Div. 694; 66 L. T. Rep. 657; (1892) 1 Ch. 465) was referred to, submitted that the present application was too late, and that interest should be given only from the order on the present motion, or at the carliest from the 1st June 1911. Held, that the defendants' agrement embodied in the order by consent to pay damages certified could only be enforc d by some further order, and it was not an order whereby any sum of money was payabe to as to bring the order within the statute.
an agreement to pay on the referee's certificate being made and interest on the £1515 at 4 per cent. per annum ran from the 1st June 1911.
[Achover Fluor Spar Mines Limited v. Jackson. Ch. Div.: Eve, J. July 7.-Counsel: J. H. M. Ryan; Edward Beaumont. Solicitors: Woodcock, Ryland, and Parker, agents for Alfred Grundy, Son, and Co, Manchester; W. W. Wynne and Sons, agents for Shipton, Hallewell, and Co., Chesterfield.]
ettled Land-Capital Moneys-Improvement—Golf Course and Clubhouse-"Open Space"-Development of Estate for Building PurposesSettled Land Act 1882 (45 & 46 Vict. c. 38), s. 25, sub-ss. 17, 18.-The applicant, aa tenant for life in possession of the B. settled estates, con prising a mansion house with an extensive park, arable and pasture lands, the agricultural lands of 6000 acres producing an annual income of £1500, five miles from two important towns, and the land in the neighbourhood of which estate was being developed for building purposes, applied, after schemes submitted to and approved by his solicitors to the trustees of the B. estate, with the consents of the mortgagees of the applicant's life interest, by originating summon, to which as amended the trustees and the remainderman were made respondents, that the trustees of the tettlement for the purposes cf the Settled Land Acts 1882 to 1890 might be authorised to expend out of capital moneys specified sums in the hands of such trustees upon the construction and laying out of an eighteen-hole golf course and a club-house for the use of the members of the proposed golf club respectively. There
was evidence of estate agents as to what portions of the B. estate were ripe for development for building purposes, [and that the construction of a golf course would materially assist such development of the adjoining land. Golfers of reputation and experience, amateurs as well as professionals, stated that a club-house was an absolute necessity to a golf course, and that the site of the proposed course was well adapted to the purpose. Re Orwell Park Estate (116 L. T. Jour. 267) was referred to during the argument for the tenant for life, and it was said that the proposed outlay ought to be sanctioned as being necessary or proper in connection with the conversion of land into building land. Held, that the trustees ought to be authorised to expend a sum not exceeding £6000 out of capital moneys upon the construction of a golf course and a club house at B, a sum not exceeding £4000 to be spent on the club-house and to include architect's feer, and a sum not exceeding £2000 on the course.
[Re Earl De La Warr's Settled Estates; Earl De La Warr v. Buckley. Ch. Div.: Eve, J. July 11.-Counsel: Lawrence, K.C. and C. A. Bennett; Austen-Cartmell; H. Burrows. Solicitors: Bennett and Ferris; Norton, Rose, Barrington, and Co.; Cope and Co.
Will-Construction-Settlement Estate Duty-Legacies and Annuities"Free from Legacy Duty respectively"--Residuary converted Realty and Personalty-"Testamentary Expenses, Debts, and Legacies, and the Annuities herein before directed to be paid"-As well as all Settlement Estate Duty-Substitutional Legacies by Codicil-Finance Act 1896 (59 & 60 Vict. c. 28), s. 19, sub-8. 1.-Sir R. P., by his will dated the 17th Sept. 1907, after appointing executors and trustees, devised his Welsh, Berks, and Bucks estates to his wife, the first defendant, absolutely, and after devising his Irish estates, subject to certain life interests in trust for the eldest son of M. A. F., the infant defendant R. G. F., for interests partly in possession and partly in reversion, with remainders over, devised his residuaryfrea! estate upon trust for sale and to stand possessed of the clear money to arise from such sale as part of his residuary personalty. The testator then made and gave a number of specific bequests and pecuniary legacies, including £20,000 to M. A. F. and £1000 to F. O'D., the husband of the defendant K. O'D., and also gave numerous annuities, including the produce of £27,000 to E. A. for life, with a power to appoint to her issue, and, in default of appointment, in trust for her children, and £50,000 for his wife for life, and after her decease for M. A. F. for life, with remainder to her children. Also the income of £20,000 upon trust during the life of H. I. M. as to £200 a year for C. F. M. and as to £150 for M. M., and the residue for H. I. M., with certain remainders as to two-thirds and one-third of the income to C. F. M. and M. M. respectively and their children. The testator declared: "I intend to give all the legacies and annuities hereby bequeathed, and I direct that the same shall be paid or appropriated, free from legacy duty, respectively." The testator bequeathed his residuary personal property, including the clear money arising from the sale of real estate (except Irish estates), therein before devised upon trust for conversion, upon trust after payment out of arrears of rent and ready money of funeral and testamentary expenses, debts, legacies, and annuities therein before directed to be paid aud the duties on the legacies and annuities 89 I well as all settlement estate duty," as to half for hie wife, as to one fourth for M. A. F., and as to the other one fourth upon trust for E. A. and her children. By a second codicil the legacy to F. O'D. was revoked if he should die in the testator's lifetime (which event happened) and replaced by a settled legacy of £5000 for his wife and children. The testator repeated the declaration contained in his will as to legacies being paid free of legacy duty. By a third codicil the bequest of £27,000 in favour of E. A. and her children and that of £50,000 in favour of testator's wife were revoked. By second and third codicils the legacy of £20,000 to H. I. M., C. F. M., and M. M. was revoked and replaced by an annuity of £200 a year and £10,000 for C. F. M. and his children, and the bequest of one fourth of the testator's residuary personal estate to M. A. F. was revoked and "in lieu thereof " she was given a life interest subject to which the share was given to her children equally. The testator again repeated the declaration in his will as to freedom from legacy duty. Sir R. P. died on the 30th May 1910 and his will and codicils were duly proved. The originating summons raised questions whether the pecuniary legacies and annuities Bettled and unsettled were given free of estate duty, and whether the settlement estate duty in respect of the two one fourth settled shares of the residuary personal estate, the benefits to H. I. M., and on the testator's Irish estates ought to be borne by the testator's residue On behalf of R. G. F. reliance was placed on the use of the word "all" in the will, and it was argued that the residuary personal estate ought to bear the settlement estate duty on the Irish estates: (Re Pimm: Sharpe v. Hodgson, 91 L. T. Rep. 190; (1904) 2 Ch. 345; Re Cayley; Awdry v. Cayley, 91 L. T. Rep. 743; (1904) 2 Ch. 781). For H. I. M. and her younger child the words of the will and third codicil were relied on and it was said she took a substituted legacy free from settlement estate duty: (Re Joseph; Pain v. Joseph, 99 L. T. Rep. 539; (1908) 2 Ch. 507). For the legatees and annuitants Re Coxwell's Settlement; Kinloch-Cooke v. Public Trustee (101 L. T. Rep. 627; (1910) 1 Ch. 63) was oited, and Re Spencer Cooper; Po v. Spencer Cooper (98 L. T. Rep. 344; (1908) 1 Ch. 130) distinguished. Held, that the will contained a direction to pay legacies and annuities, including all settlement estate duty on them, but that direction did not extend to the settled shares of residue or à fortiori to the settlement estate duty upon the Irish