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it'affords one more example of the careless and slipshod wording by which our legislation is so frequentiy disgraced, and of the manner in which an Act of Parliament may consequently fail, to a great extent, to effert the very object which it was intended to secure. Surely it can hardly be regarded otherwise than as a gross anomaly that whilst a inanufacturer may not keep, without a licence, a quantity of ammunition containing more than 5lb., a dealer may keep a number of cartridges containing more than 50015. of gunpowder, which would be about the weight of that article in this case, we believe, supposing the 50,400 cartridges to hare contained the ordinary regulation charges.
THE LEGAL EDUCATION ASSOCIATION: The vast importance of the speech of Sir ROUNDELL PALMER, delivered in the Hall of the Middle Temple on Wednesday evening, justifies us in giving to it the greatest prominence. We reported the proceedings at Lincoln's-inn, in July last year very fully, but at that time no steps to disarm the association had been taken by the Inns of Court. Some steps for this purpose have now been taken, and when, therefore, they fail to arrest the progress of reform from without--when, in fact, Sir ROUNDELL Paller denounces the attempt to bolster up the present system by instituting a narrow collegiate course for the members of a particular inn, and characterises the movement as retrograde, overyone must admit that the present is a critical period in the history of the Inns of Court, and a most important epoch for the profession of the law in the United Kingdom.
The speech of Sir R. Pamer is so exhaustive that it requires no explanatory comment from us. Suffice it to say here that he considers that whatever collegiate course the Inns of Court may adopt, a central school of law, under public control, for testing the education of persons seeking to practise the law, is absolutely essential. His second great point is, that there ought to be no separation or division of students with regard to their ultimate career, whether at the Bar or as solicitors and attorneys--that the latter, if they choose, should have the means of obtaining the highest possible education, and that a difference should be made only at the examinations, which should be framed us to their subjects with a view to the career selected by the students.
The frequent applauso accorded to Sir ROUNDELL Palier, and the formidable array of eminent lawryers by whom li vam sepse ported, afford snflicient evidence that the movement now inaugurated is one which cannot be opposed, and that next year will not come to an end without legislative sanction having been given to the scheme of the Legal Education Association.
the object, amongst others, of having it ready to fit in with any comprehensive organisation of legal education which may be established either by the Inns of Court or any body external to them.
The University of Cambridge appointed a syndicate to confer with this association.
The senate of the University of London passed the following resolution :
“That the senate, while regarding many of the suggestions of the Legal Education Association as deserving of the maturest consideration, are nevertheless of opinion that the proposals to assume the name of a Uni. versity and to confer degrees, present preliminary objections to their cooperating with the association.'
It will be observed that the point to which the senate of the University of London objects is not by any means an essential part of the scheme, and it may be here added that the resolutions which the president subse. quently moved in the House of Commons were so framed as to get rid of that preliminary objection by omitting the name “University,” and by leaving the question of granting degrees for further consideration.
The University of Edinburgh forwarded to your committee a valuable report, in which it points out some of the advantages which have been gained by a common system of legal education for both branches of the profession in Scotland.
The University of Glasgow also appointed a committee to inquire and report as to whether it could either co-operate with the association or give it any information which might be useful.
Previously to the meeting in July, 1870, the promoters of the association had forwarded to the honourable societies of the four Inns of Court the original circular explaining the objects of the movement. After the for. mation of the association your committee forwarded to each of those learned bodies a copy of the “ Proposals for a University or School of Law," and copies of the other papers issued by the association. These papers were accompanied by an official letter couched in the same terms as that addressed to the different Universities. Similar communications were also made to the Incorporated Law Society, the Metropolitan and Provincial Law Society, and the various provincial law societies.
In consequence of these communications, the four Inns appointed a joint committee to meet and confer upon the subject; and on the 24th of April last, at the request of this joint committee, a deputation from the executive committee of the association waited upon them for the purpose of stating their objeos and wishes respecting legal education."
The deputation consisted of the following gentlemens-Sir Roundell Palmer, Q.C., M.P.; Mr. Abdy; Mr. Sheldon Amos ; Mr. R. Paul Amphlett, Q.C., M.P.; Mr. Robert Baxter: Mr. Bryce; Mr. J. M. Clabon ; Mr. Mon. tagne Cookson ; Mr. Robert Curling ; Mr. George Dawes ; Mr. Kenelm E. Digby: Mr. Henry Freshfield : Mr. William A. Jevons ; Mr. Charles Harrison, jun. ; Mr. Arthur Hobhouse, Q.C.; Mr. J. V. Longbourne ; Sir H. S. Maine ; Mr. J. C. Mathow ; Mr. G. Osborne Morgan, Q.C., M.P.; Mr. F. S. Reilly; Mr. H. C. Rothery; Mr. Arthur Ryland; Mr. Thomas Webster, Q.C.; Mr. John Westlake.
On the 5th May the hon. secretaries wrote to the chairman of the joint committee (the Vice-Chancellor Malins), to inquire whether that committee wished for any further conference with the deputation ; adding that, as the council of the association were very desirous of knowing as speedily as possible the views entertained by the Inns of Court on the proposals of the association, they would most respectfully ask for an early decision by the Inns of Court on the subject. To this letter no reply has been received by your committee.
It is, however, understood that the joint committee, by a small majority, passed resolutions to the following effect :- "That it is not desirable that the education of students for the bar and the education of the articled clerks of solicitors and attorneys should be under one joint system of management: That there should be a compulsory examination of students for the bar before they are called to the bar, or if they are allowed to practise under the bar : That the Inns of Court shonld estsblish such an examination : and that such examination be carried into effect under the direction and through the instrumentality of the Council of Legal Educa. tion, under amended regulations, the council being increased in number and authority.” These resolutions have been since adopted by the respective Benches of Lincoln's.inn and the Inner Temple, and a resolution expressing acquiescence in them is understood to have been also passed by the Benchers of Gray's-inn.
The executive committee think it right to observo, with respect to the last resolution. that the separate committees which the Honourable So. cieties of the Middle Temple and Gray's-inn had appointed for considering the scheme of the association, had previously reported in favour of the two most important principles of the scheme, namely, a general school of law, and a system of legal education common to both branches of the Profession.
The committee appointed by the Middle Temple recommended “that there should be a legal university to superintend and control the education of students for the profession of the law, consisting of such bodies or members as are contemplated by the council of the Legal Education Association.
The committe appointed by Gray's Inn recommended " That there should be a legal university, or some one body with united action to providemeans for the education of students for the legal profession, with power to prescribe the educational qualifications which shall be required from students on their admission as students, and on their being called to the bar, or admitted as attorneys.” They were also of opinion “ that such body should not be formed of the four Inns of Court exclusively, but that no other body should be associated with the four Inns of Court save and except the Incorporated Law Ssciety.”
The Council of the Incorporated Law Society having summoned a a general meeting of its members, the society passed the following resolution:
“That this society approves generally of the proposals of the Legal Education Association for a University or School of Law, and is willing to co-operate with it on the footing
"(1) That all the several branches of legal study will be open to all who may become students without distinction or classification, leaving them to determine with which branch of the profession they will ultimately connect themselves; and that the course of instruction and examination of all members of the university intending to be barristers shall not be distinct and separate from the course of instruction and examination of those intending to be attorneys or solicitors, and that an examination by the proposed university shall be equally compulsory or both branches.
(2) That no preponderance be given to the Bar or to attorneys and solicitors on the governing body.”
At a general meeting of the Metropolitan and Provincial Law Association the following report of the committee of management was adopted :
“That the principle of requiring examination before admission to prac
THE MEETING IN MIDDLE TEMPLE HALL. At four o'clock on Wednesday, Sir Roundell Palmer took the chair at a very large meeting in the fine hall of the Middle Temple, to receive the report of the Executive Committee. He was supported by Sir E. Ryan on his right, and Vice-Chancellor Sir John Wickens on his left. There were present Also Mr. Charles Pollock, Q.C., the Hon. G. Denman, Q.C., Mr. T. Hughes, Q.C., Mr. H. T. Cole, Q.C., Mr. Quain, Q.C., Mr. Forsyth, Q.C., Mr. J.J. Powell, Q.C., Mr. Prentice, Q.C., Mr. T. Chambers, Q.C. (Common Sergeant), and many other leading members of the Profession.
The report of the executive was as follows :
When the association was formally constituted in July 1870, the trans. action of its business was entrusted to an exocntive committee of the council which was then appointed. This committee have exercised the dis. cretionary power which was given to them of adding to the council and to their own number, by placing on the council many leading members of both branches of the profession, as well as some others, who have expressed approval of, and interest in, the work of the association. Wherever the committee have found that members of the council were anxious to afford active practical help in this work, they have gladly availed themselves of their services by making them members of their own body.
At the first meeting of the committee on the 18th Nov. 1870, they care. fully considered and adopted a paper headed, “ Proposals for a University or School of Law," prepared by Sir Roundell Palmer, which set forth generally the scheme of the association. Printed copies of these proposals, of a report of the proceedings at the meeting in Lincoln's-inn Hall, and of the original circular issued by the promoters of the movement, were sent to evory barrister and solicitor in London and the provinces. Copies of these papers were also sent to every member of both Houses of Parliament, and were circulated in the colonies.
The circulation of these papers led to an immediate and general recog. nition, not only by the Profession, but by the public, of the importance of, and necessity for, sueh an organised school of law as that suggested by the association ; which, with a staff of permanent and highly qualified teachers, would afford to all classes of students, whether intending or not intending to follow the Legal Profession, common opportunities for systematic legal instruction; and which would conduct, through an indepen. dent board of competent examiners, suitable examinations as an indispen. gable test of fitness to practise law in any of its branches. The general principle of such an organisation at once received the hearty approval of many distinguished Judges and ex.Judges, of a large number of barristers, attorneys, solicitors, and others, of eminent teachers of law, and of most of our leading journals of every shade of political opinion.
By the direction of the committee, copies of the proposals and of the other papers of the association were forwarded to the universities of the United Kingdom, with the expression of a hope that those learned bodies might take the matter into their consideration, and inform the council whether their co-operation in attaining the object proposed might be expected, and under what conditions, if at all, it might be obtained. The results of these communications have been as follows:
The University of Oxford appointed a committee to consider the question; and since the present movement began it has effected a complete reconstruction of its machinery for teaching and examining in law, with
tise haring been first insisted upon by our branch of the profession, it is gratifying to us as solicitors to find that the great value of this principle has been proved by experience, and that its importance is now generally acknowledged.
* That the committee earnestly desire the establishment, under control of Government, of an examining body in the fuonity of law, whose cristiti. cate of fitness shall be indispensable to adinission to the praetice of the profession in either of the branches into which it is now divided : and that sneb exsnination should be the same for all students, without reference to the branch of the profession with which they may ultimately connect themselves.
** That while the body of solicitors would be willing to leave to any examining body the determination of the subjeots and amount of general and professional knowledge required from all who desire to practise the lar: it would not, in the opinion of the committee, be desirable that such faculty or body should have power to insist upon the candidate for examimistion having been educated at any partioular college or school, or on any partienlar system of instruction.
" That while in the opinion of the committee there shonld be only one examining body or facnlty, which should be under control of Government, it maay be found expedient to establish one or more public schools of educa tion in the law, but such public schools should be open to all students with ont distinction in the course of instruction between the branches of the profession which the students may propose to enter. And the committee is further of opinion, that it would not be right that any faculty constituted for the examination of candidates should have the charge of any school or elasses intended to prepare students for such examination.
** That so far as the objects of the Legal Education Association accord with the foregoing resolutions, the committee tenders its cordial support.”
Resolutions approving of the proposals have also been received from the Incorporated Law Societies of 'Liverpool, Birmingham, Manchester, Newcastle-upon-Tyne, and Gateshead, and the Denbighshire and Flintshire Law Association.
On the 5th July last, Sir Roundell Palmer laid before your committee two resolutions. These resolutions, as subsequently placed on the notice paper of the Honse of Commons, were in the following terms :
*1. That, in the opinion of this House, it is desirable that a general sehool of law should be established in the metropolis, in the government of which the different branches of the legal profession in England may be suitably represented ; and that, after the establishment thereof, no person should be admitted to practise in any branch of the legal profession, either at or below the bar, or as an attorney or solicitor in England, without a certiticate of proficiency in the study of law, granted after proper examinations by such general school of law.
"2. T'lat an humble address may be presented to Her Majesty, praying that Her Majesty may be graciously pleased to take into consideration the expediency of establishing and incorporating, under Her Majesty's royal charter, a general school of law in the metropolis, in the government of which the different branches of the legal profession in England may be suitably represented ; and assuring Her Majesty, that, if it shall appear to Her Majesty to be expedient to provide by such charter that, after the time when such general school shall be fully established, no person shall be admitted to practise in any branch of the legal profession either at or below the bar, or as an attorney or solicitor in England, without a certificate of proficiency in the study of the law, granted after proper examinations by such general school of law, this House will be prepared to concur in such legislation as may be requisite to enable Her Majesty so to do.”
A short statement of the reasons in support of these resolutions was prepered by a sub-committee, and by direction of your committee, a copy of this statement was sent to every member of the House of Commons.
As soon as it became known that Sir Ronndell Palmer had given notice that he would move the resolutions in the House of Commons, some of those who were favourable to the movement drew up a form of petition by members of the Inns of Court, praying that the House would take the Decessary steps for establishing such a school of law as the resolutions indicated. To this petition (which was presented by Sir Roundell Palmer when he introduced his motion on the 11th Aug.) 400 signatures were obtained within a very short space of time. Amongst these signatures were those of Sir William Erle, late Chief Justice of the Common Pleas ; Sir J. T. Coleridge, Sir Joseph Napier, Sir Edward Ryan, and of the following Professors at the University of Oxford, namely, Sir H. S. Maine, Corpus Professor of Jurisprudence ; Mr. Mountague Bernard, Professor of International Law; Mr. Bryce, Regius Professor of Civil Law; and Mr. Kenelm E. Digby, Vinerian Reader of Law. The petition was also signed by Mr. Abdy, Regius Professor of Civil Law at Cambridge; by Mr. Sheldon Amos, Professor of Jurisprudence at University College ; and by eighteen Queen's Counsel. Petitions in favour of the motion were also presented by the Incorporated Law Society and other law societies.
Though the speech with which Sir Roundell Palmer introduced these resolutions was received with marked attention, the requirements of other public business at that late stage of the session made it impossible to derote to the consideration of the motion the time needed for its full discussion. It is, however a significant and gratifying indication of the interest which has beer created in the subject outside of the profession, that the speech delivered by our president was reprinted at the expense of a non-legal member of Parliament for circulation amongst his fellow-mem. bers. Within the profession the efforts of the association have received a atill more signal mark of approval. On the 15th July last Sir Roundell Palmer received the following letter from Lord St. Leonards :
“Boyle Farm, 14th July, 1871. “My dear Sir Roundell Palmer,- I have been considering the proposal to establish a legal college, in which you take such a great interest. No one is more bound than I am to support such a foundation. I request you, therefore, to put down my name as a subscriber of 400 guineas, half to the foundation, and the other half to establish a prize for merit in such a manner as you and those who act with you may direct. Let me know when you will be ready to receive it.-Ever faithfully yours,
“ST. LEONARDS." A donation of 1051. has also been made by Daniel Sturdy, Esq., of Cedars Road, Clapham Common, to be applied in any way which may be thought fit for the encouragement of learning, in connection with the proposed school of law. Both these spontaneous and liberal gifts have been now received, and invested in Consols, in the joint names of Mr. Clabon, the treasurer of the association, and Sir Ronndell Paliner : and the dividends will be in like manner, invested and accumulated, until the proper time for deciding upon their ultimate application arrivos.
It is understood that the Honourable Society of the Inner Temple have made a bench order which will come into operation at the beginning of next
year, and which provides that a sum of 20001. a year may be devoted to the payment of additional lecturers and tutors for the exclusive benefit of students of the Inn. It also provides that special prizes shall be offered to students who shall submit to examinations, conducted under the direction of the society. It should be added that the order assumes that the causoli. dated rules of the four Inns will be so altered as to make examination before a call to the Bar compulsory in all casos.
It also deserves notice that during the present year public law schools have been established at two of the most important centres of population and basiness in the provinces; at Manchester, by the trustees of Owen's College, assisted by the Incorporated Law Association of Manchester, and at Liverpool by the Incorporated Law Society of that town. Both these sehools have been formed under the superintendence of Professor Bryce, as principal, assisted by Mr. Albert Dicey, Mr. Erskine Holland, and Mr. Thompson. They were opened in October, and they number at Manchester forty-six students, and at Liverpool ninety-five. Great assistance will no doubt be rendered to a central metropolitan university or law school, if it can be aided in this way by subsidiary schools established in the provinces.
Whilst congratulating the members upon the extensive support the association has received, and the approval which its proposals have drawn forth from so many sources, and, in particular, upon the recognition by all the Inns of Court of the necessity for a compulsory examination as a condi. tion for admission to the Bar ; and by the Inner Temple of increased provision for teaching the law; all of which signs of advance may fairly be regarded as results of the attention drawn to the subject of legal education by the labours of this association; your committee, at the same time, desire emphatically to express their opinion that nothing short of the proposals of the association for a central school of law, open to students for both branches of the profession, and to tho public, and governed by a public and responsible board, can be accepted as a satisfactory solution of the difficulties in the way of legal education.
It will be seen from the financial statement which will be laid before you by the treasurer, that liberal contributions have been made to the fonds required for the expenses of the association. These expenses have hitherto been almost exclusively those of printing and advertising ; but the donations already received, and the assurances which have come from other qnarters, make it quite clear that should any larger expenditure be required in order to carry out the views of the association, the money will be readily subsoribed.
Sir ROUNDELL PALMER moved that this report, taken as read, should be adopted. He said-Gentlemen, I cannot commence the business of to-day without expressing the satisfaction with which I see so large a number of friends of our common object assembled together, or without thanking the Honourable Society of the Middle Temple for their gracious and most liberal act in placing this splendid hall at our disposal. (Hear, hear.) It will be in the recollection of all, probably, that a meeting was held at Lincoln's-inn, in July last year, in order to set in motion that association which was then formed for the purpose of obtaining a better recognised system of legal education in this country. You are all probably aware of the general nature of the steps since taken. An executive council was formed which immediately set itself to work and issued proposals, which of course are not to be taken in their details or their language as the laws of the Modes and Persians incapable of being altered, but which sought to put upon a proper footing the general objects, and express in a sufficiently intelligible manner the views entertained as to what was the best mode of accomplishing them Those proposals were widely circulated, and the executive council put themselves in communication with different bodies with whom it was deemed desirable to com operate-with the different universities, the Inns of Court, and law societies in town and country, the Incorporated Law Society, and the Metropolitan and Provincial Law Association. The result of those communications in many respects-as to the opinions elicited, even from such as have not expressed a willing co-operation to the association-has been extremely important. I shall presently refer to some of those results a little more in detail, and therefore pass them over at present. Before the close of the last session of Parliament it was thought right to break ground in the House of Commons. It was extremely well known that, looking to the late period of the session, and owing to the difficulty found in carrying through Parliament measures of great public importance, to which the Government devoted their whole strength, that to take any effective steps to carry resolutions was practically out of the question; nor, indeed, was it really desirable to do it in the only way possible under such circumstances, with an exhausted House after a tedious session, and at twelve o'clock at night or one in the morning, with, of course, a very small attendance of members of sufficient energy and interest in the subject not to go to bed, and when common lawyers were upon circuit. It would not only have been unsatisfactory, but, in my opinion, unwise, if an opportunity had occurred, to take a division, even supposing it might have been a favourable division upon the particular resolutions at that time submitted to Parliament. Any majority so obtained, or perhaps a unanimous vote if it could have been obtained, would not have been accepted by any person who did not agree with our views, as a conclusive and satisfactory indication of the sense of Parliament. All that could then be attempted was to ventilate the subject, to show we were in earnest and meant this matter to proceed, and meant to obtain the support of the Government for our object. Of course, it was a great object to us to hear criticisms on the particular form in which our objects were embodied, to be put in possession of the views which had occurred to those not entirely with us, which in some respects might be founded upon misapprehension or misconception of our objects, or what we might consider necessary to carry them into effect, or might give us notice of points of objection which might deserve and require cons sideration, all of which are manifestly great advantages as enabling us to make a better and more satisfactory approach to Parliament on the subject. That approach we mean to make with your approval as soon as: Parliament meets. (Applause.) One of the first things which will be done will be to put on the notice paper of the House of Commons a renewed notice in such a forin as upon full consideration may be thonght most wise. That course being taken early, it may be confidently expected that a fair field will be obtained for the discussion of it, and an early night and a whole night with an unexhausted House, and the attention of all who take an interest in it. We may look forward to an actual vote and resolution of the House, and I confess I feel pretty confident, if we conduct our approaches wisely, that resolution will be in our favour. (Applanse). I wish to call attention particularly to what we state at the end of this report to be the principle upon which we think the association: onght to take its stand. We have adverted to what has taken place elsewhere and to the opinions which have been expressed by the various
bodies with whom we have been in communication; and state it to be the opinion of the executive committee and we trust that by adopting the report it will become the opinion of the association that nothing short of a central school of law, open to students for both branches of the profession and to the public, and governed by a public and responsible board, can be accepted as a satisfactory solution of the difficulties in the way of legal education. Now we have on a former occasion glanced generally at the difference between the position of legal education in this country, and its position in other parts of the British Empire and in other civilised nations of the world. And before I enter upon the con. sideration of what has been advanced in the we.y of objection to our scheme, and the difficulties which may stand in our way, I should like to avail myself of the information I have received through Mr. Anderson, from an eminent Scotch Professor, Mr. Muirhead, to put you in possession of the position of this matter in our sister kingdom of Scotland. This is important, because such a comparison as will result from these facts will naturally challenge an answer to the ques. tions whether the system in operation there is or is not substan. tially that which we want to introduce here; and secondly, whether, if it is found to work well there, any reason can exist for believing it would work ill in England. What I find to be the facts in Scotland are these : The Faculty of Advocates, revising former rules in 1866, made the rules under which they are at present governed with respect to admission to their bar. They require, as indispensable to admission to the Faculty, certain attendances at lectures, a course of academical instruction, and certain examinations. Now see what the attendances are : Attendance during at least one session as a pupil in a class of Scotch law, and a class of conveyancing in a Scotch University; attendance during at least one session as a pupil in a class of civil law, in a class of international law, in a class of constitutional law, either in a Scotch university or such other university as may be approved by the governing, body of the Faculty; and, lastly, attendance upon a class of medical jurisprudence, either in a university or a school recognised as qualifying for university degrees. Then they require examination in civil law, international law and in Scotch law by examiners appointed by themselves, with whom they associate the Law Professor of the University of Edinburgh. With regard to the teaching of the Faculty of Law in the University of Edinburgh, I find it as effective as this : First year, 120 lectures and fourteen examinations in civil law, and an equal number in Scotch law; eighty lectures, and eight examinations in conveyancing ; Scotch law the second year, and conveyancing the third ; and either in the second or third year, seven-five lectures in public law, that is natural and international law; about forty in constitutional law and legal history, and about fifty in medical jurisprudence. The University of Edinburgh has therefore a course of academical instruction, lectures, and examinations, and I believe the case is very much the same in France, Italy, Spain, and Belgium. Perhaps in some respects it might be stated, as far as duration of time occupied in preparatory studies goes, to be more severe there than in Scotland. With respect to Writers to the Signet, they are also required to attend the same lectures at the same place and in the same classes in civil law, Scotch law, and conveyancing, and to be examined in Scotch law and conveyancing, as necessary qualifications for admission to this branch of the profession. And I have been told that no evil or mischief has at any time arisen, or even been surmised to be liable to arise, from the union in the same class, and under the same course and system of instruction, of gentlemen intending to follow the different branches of the profession in Scutland. (Applause.)
Now, I think there is a very good practical illustration of the thing which we want, and of the success with which it may be accomplished, and with your permission I will now go to the practical question which has been raised, and which we have had to consider in our communications with the different bodies with whom it has been our duty to communicate. And first of all, following the same order I took in glancing at the subject in the House of Commons, I will refer to what has been suggested on the part of the old Universities-Oxford and Cambridge. In a general way they express their desire to co-operate with us, but the time for going into any questions of detail with them does not arise until we have overcome preliminary difficulties. Leading men among them have manifested themselves zealous and interested in our objects, which they think highly important, and they believe may be made to work together with their own in such branches of legal knowledge as those Universities can communicate. But coming nearer home, there is one University in which there is an important school of law, the University of London, and it is not at all surprising that in some points of view, our scheme should present itself to that university under a different aspect from that in which it is seen in the more remote universities of Oxford and Cambridge. It is most legitimate on the part of the University of London, while heartily sympathising with our object, to consider in what respect it might affect their own school of law, and how far co-operation with us would be prejudicial to their own useful. ness in their own way. I am never afraid to deal with objectors of that class, who have the same objects in view. All we want is that a certifi. cate of examination, founded on proficiency in the necessary knowledge, shall be an indispensable qualification to the practice of the legal profession. Whether that certificate should be identical with a university degree, which, in point of fact, never was the view of the council, and whether the certificate should be granted by a body which should be able to give university degrees, is of minor importance.
The attorneys and solicitors of England are represented by different societies, more particularly by the Incorporated Law Society and the Metropolitan and Provincial Law Association, and those bodies have ex. pressed themselves with a caution not unbecoming the position which they occupy, but still cordially and sincerely, and as I believe with a very great concurrence and preponderance of opinion among them, as favourable to our objects. The Incorporated Law Society state that they do so upon the footing that there shall be po premature separation or distinction of students while undergoing instruction in the law school, or in the examination with reference to the branch of the profession which they may intend to follow, and that there shall be no preponderance on the governing body of the institution either of the Bar or the attorneys. We entirely appreciate the motive and feeling which has led them to think it right to signify these views, and although we do not, and cannot pledge ourselves as to the precise manner in which the future university may be constituted, which will ultimately depend upon other authorities, namely the government of the country, and not entirely upon ourselves--yet we have had no hesitation in Baying that there is nothing in the principle of those views opposed to our viowe. We do not desire in the future university to introduce premature separation and distinction of classes with reference to the practice of one branch or the other. We desire to make the education to be given as free, open, and liberal as it possibly can be, and to postpone to a later
stage any consideration of the difference between one branch of the profession and the other, and although it is impossible to say what might be regarded by one man or another as preponderance in the government of the insti. tution when formed, yet, as far as the object of putting the Bar in the government of the future university into a position of invidious superi. o:ity over the attorneys and solicitors, or on the other hand of swamping the due influence of the Bar by giving representation to mere numbers, which would of course give attorneys and solicitors the advantage, nothing is further from our purposes than either the one or the other. We think that when the Government of the country, when the ministers of the Crown, come to settle the terms of the proposed charter, they ought to do it with the view to the efficiency of the institution for the objects for which it is established, and with that view only, and so as to avoid raising invidious questions of any kind as between representatives of any class of persons in the legal profession. The Metropolitan and Provincial Law Association have also given us cordial approval and support, but they have expressed it in a guarded manner, and rather as a full indication of particular views on certain im. portant subjects. They say that the education to qualify for practice ought not to be required to be given at any particular college or school, or on any particular system of instruction. In our judgment it is essential that we should not only have examinations, but provide in the central law school as good a system of instruction as we possibly can give, but we do not consider it by any means essential that we should require everybody who is to pass the examination to receive his education and instruction from our professors and in the central school of law. It was never a part of our scheme to insist upon a monopoly of education, still less to confine to monopolists of legal education also the task of examining those whom they taught. My own individual view has never been that it would be expedient or desirable to endeavour to get a monopoly of legal instruction for the central institution. Make it so good, that people of their own accord will come to it for the sake of what they will learn there. (Applause.) As a general rule it is adverse to the success of an institution to give it a monopoly. It is no part of our plan, and I hope it will not become a part. The learned gen. tleman then noticed with satisfaction the establishment of law schools in the provinces, reading the paragraph from the report and making the cor, rection that at Manchester there are sixty students, and at Liverpool ninety-eight; and went on to notice that the Metropolitan and Provincial Law Association expressed a desire that there should be one board of examiners under the control of the Government. I doubt, he said, whether it was the intention of the learned body to say that every department of the executive Government should have the control of the examiners. That is a matter which they may consider at the proper time. My own impression is that public control and responsibility is vitally im. portant; yet it does not follow that you cannot establish an institution which may be trusted to appoint its own examiners, or that the examiners should be appointed by any department of the Government. That is a question to be discusssed upon its merits. The senate of our law school might, I think, be trusted to appoint impartial and capable examiners. It is said that we should not vest the examining power in the hands of those interested in drawing, students to particular schools. That would be accomplished by leaving it in the hands of a body in whom you could trust.
The learned Chairman then noticed the objections of the now Solicitor. General (Mr. Jessel), who, be said, in his remarks in the House of Commons had entirely misapprehended the scheme and intentions of the association. Then turning to the Inns of Court he proceeded to deal with a suggestion that the candidates for practice at the bar ouget to receive a higher legal training than those intended for the branch of the profession not involving ultimately the same qualification. It is, he said, a misapprehension to suppose that there is anything whatever either in the principles of our scheme, or in what is likely to be the practical operation of it which militates against that view. In Scotland the Faculty of Advocates, when they come to consider whom they will admit to the Bar, require attendance on certain lectures and certain examinations in particular subjects, and the Writers to the Signet require attendance on certain lectures, and examinations on certain subjects, the subjects and lectures in the two cases not being altogether the same. The body calling to the Bar, may say certain things are required for the Bar and certain things required for the solicitors and attorneys. The distinction is to be in the hands of the body calling to practice. If you give the best possible education in the university, those intended for every branch of the legal profession will find iv the university what they want; you do not deprive anyone of any class of study, and you do not oblige everyone to swallow everything.
Referring to the Inns of Court, he said :- I believe that as cordial and as general a concurrence in our objects and our views as at this stage could be given by any sensible person, was given by the governing body of the Middle Temple, and all honour and praise to them for it. I have no reason to think that they have changed their minds, although I have no doubt if they find our objects impracticable, they will do the best they can to attain the desired end. The use of this fine hall which they have granted to us shows, not only their courtesy, but also that they approve of our views. Gray's-inn agrees with us to a very great extent indeed-to an extent covering all the principles of our scheme, although guarding them. selves by saying that they were not disposed to associate any body with the Inns of Court in the governing body of the law school, save the Incor; porated Law Society. Then as to the proceedings of Lincoln’s-inn and the Inner Temple. On the 22nd of last June the aggregate committees of the four inns, by a small majority, carried resolutions, that in the opinion of this committee it is not desirable that the education of the students for the bar and the education of the articled clerks of solicitors and attorneys should be under ono general system of manage. ment. Secondly, that the committee was of opinion, and recommended that there should be a compulsory examination of students for the bar before call to the bar or practice under the bar; and that the four Inns of Court should establish such examination. Thirdly, that the committee were of opinion and recommended that such examinations should be carried into effect under the direction and through the instrumentality of the Council of Legal Education. And, fourthly, that the consolidated regulations should be amended, and the Council of Legal Education in. creased in pumber and authority.” It will be seen by these resolutions that we obtained one considerable point--I may fairly call it a victory. They agreed for the first time that there should be a compulsory examination for the Bar. (Applause.)
Proceeding to deal with the distinction between the Bar and attorneys and solicitors, the learned chairman said :- I have thought, and still think, that in every point of view it is unnecessary to make a distinction during study, and in every point of view unwise- unwise, because that distinction
does not really exist or the occasion for it arise till practice begins; unwise, because the more you divide classes and narrow the boundaries of your lectare room, the more you diminish the chances of success and efficiency. Numbers must be reduced, and with numbers emulation, zeal, interest the interest and zeal of the lecturer, the interest and zeal of the pupil. We think it unwise, also, because it must be desirable that all those who are going to practise in any branch of the profession, should be admitted -if they wish to be admitted-to the best system of instruction you can give themand by not giving any particular lecturer or professor & monopoly of instruction, we think it would be wrong to condemnif we could condemn—that branca of the profession in whose hands are the fortunes of mankind and the affairs of the world, who have to conduct all personal communication with clients, and from whom all business must come to the Bar, - it would be incon. ceirably unwise to condemn them to a lower and inferior kind of preparatory education than the best which they are willing to receive. (Loud applause.) If there are in that branch of the profession, as is andoubtedly true, and as there are possibly in the other branch, some men less worthy than the other members, then you are likely not to increase but to diminish their number by making their education more liberal. I therefore, without any hesitation for myself say that the more I reflect upon this question, this principle of dividing in the preliminary stage of instruction future attorneys and solicitors and barris. ters, the more convinced I am that for the Bar, for the solicitors, and for the country, it is better that you should not divide them. I hope we shall take our stand upon that view, and never be satisfied with anything which does not accomplish it. (Applause.)
Sir R. Palmer then directed his attention to the scheme of the Inner Temple-a scheme intended, as he remarked, solely for students of that inn. If, he said, it were not connected with the plan of this as. sociation it would be a retrograde movement, for it would withdraw students from the Lectures of the Council of Legal Education. Do you suppose, he said, that unless absolutely required to do it by the rules ander which they are admitted to the bar, students of the Inner Temple will go to the lectures in their own Inn, and to the lectures of the professors ? Of course not. The proposed system is worse than that which we have now. It might have its place if the Inn were made like a college at Oxford or Cambridge, with tutors and lecturers, and we had our General Schools. But it will work ill unless you had the general school of law already in order, and made it efficient and useful. He wished to speak in no spirit of hostility to those ancient institutions, the Inns of Court, who were governed by men who, if they did not happen to be too busy and had not inherited a system which was worn out (Hear, hear), would be not only willing but able to take the whole work of legal education into their own hands. If from no want of good intentions they had done nothing hitherto, it was quite clear that the system which they represented was not one from which much was to be expected in the future.
He continued : These bodies-I say nothing else about them--are not corporate bodies. I believe they regard themselves as private societies. They
recognise no public trust, no public responsibility, and they are not under public control. Whatever might have been possible during the many years from the reign of Edward I. to that of Victoria—(laughter)—which has been the period of trial of these societies--whatever might have been possible during that period, if they had developed in themselves the elements of such strength and efficiency as to make our present work un. necessary, it would have been well. But, not having done so, and the country having come to be interested in the matter, and those extraneous to the Inns of Court having associated themselves together to get as good a legal education as other countries enjoy, the time has come when we ought to insist, and we have a right to insist, and we must insist, on having this done under public control, by publio authority, and with public responsibility. (Applause.) It may be possible that various questions may arise which will have to be attentively considered, and one will be, What place the Inns of Court ought to assume? That I hope will be well considered. The Inns of Court are, of all the institutions in the world, the most completely open and accessible to reform, for there are no vested interests in them, they can have no objects whatever except public objects, therefore every shilling they possess ought to be devoted to public objects. And all the members of the Inns of Court will say that, if they cannot succeed in doing that for themselves, there is reason why it should not be done for them. Let us show as great a body of supporters as we can, and I believe in quantity and quality, it is all that wo can desire. The hon. and learned gentleman then adverted to the valuable cooperation in the objects of the association of Lord St. Leonards, and his gift of 400 guineas towards the establishment of a legal college, as well as to a donation of 1051, from Mr. D. Sturdy, of Clapham, adding that he thought such an institution ought to be self-supporting, and that, at all events, no difficulty arose on the question of funds at the present stage of their proceedings. "He begged in conclusion, to move the adoption of the report. (Cheers.)
The motion was seconded by Sir E. Ryan, and supported by Mr. Freshfield and Mr. Ryland. The two latter both stated that the objects of the association had the full concurrence of the solicitors, and Mr. Ryland, who is Vice-President of the Birmingham Law Society, said that that society had had special meetings, and had voted a third of a year's income to the object. The motion was carried.
On the motion of Mr. Denman, Sir Roundell Palmer was reappointed president of the association for the ensuing year, Mr. Quain chairman of the Council, and the other officers to the positions which they had hitherto occupied.
A resolution was moved by Vice-Chancellor Wickens, and seconded by Mr. Quain, to the effect that a deputation of the executive committee should wait on the Lords of the Treasury and other members of the Government with the view of obtaining their support for the motion mentioned by Sir Roundell Palmer as about to be made next session, was also agreed to.
A vote of thanks, proposed by Mr. T. Hughes, M.P., to the Benchers of the Middle Temple, for the use of their hall, and one to the chairman, proposed by Mr. Forsyth, closed the proceedings.
NOTES OF THE WEEK.
Nov. 15, 17, and 22.
been bought by Hunter since the decreo in his (Before the Lord CHANCELLOR and the LORDS favour. COURT OF APPEAL IN CHANCERY.
Glasse, Q.C. and Rigby, for the appellant. Nov. 3 and 25.
HUNTER v. WALTERS; DARNELL v. HUNTER; Sir Roundell Palmer, Q.C., Cotton, Q.C., and Re THE NORTHERN Assam TEA COMPANY
CURLING v. WALTERS.
Vaughan Hawkins for Hunter. (WINGROVE'S CASE.)
Mortgage — Priority — Fraudulent conveyance - Kenyon, Q.C., Fischer, and Rogers for, Curling Company-Transfer of shares-Power for direc. Execution of deed - Negligence Constructive and other parties. tors to refuse registration-Breach of trust. notice.
The LORD CHANCELLOR said that this was not This was an appeal from a decision of the Master This was an appeal from a decision of Malins, like a case where the instrument signed was someof the Rolls. The articles of association of the V.C., in whose judgment (reported in 24 L. T. thing wholly different from what it was reproabove company empowered the directors to refuse Rep. N. S. 277) the facts of the case will be found sented to be, but this was a case where the mortto register any transfer of shares to an unfit or very fully stated. They were shortly these :- gagees had parted with their interest by signing irresponsible person. Wingrove, who was for Hunter and Darnell were first and second mort.
an instrument of which they did not appreciate merly chairman of the company, transferred cer. gagees of an estate, the title deeds of which were the full legal effect; they not only executed the tain shares in Jan. 1868 to one Russell, and the placed in the hands of Walters, who acted as soli- conveyance, but signed receipts for their mortliquidator sought to fix Wingrove on the list of citor for both the mortgagees. Walters, purport- gage money, of the effect of which thoy could not contributories, in respect of these shares, on the ing to act under the power of sale in Darnell's but be aware. Persons so acting must take the ground that Russel was an unfit and irresponsible mortgage, put up the estate for sale by auction, consequence of their negligence, and as against a person, and that Wingrove was a party to the and bought it himself through a nominal pur- person who had innocently advanced his money on breach of trust committed by the directors in chaser. Hunter and Darnell both executed the
à deed thus executed, must bear the loss that had registering the transfer to him. The Master of conveyance to Walters without reading it, and in resulted from the fraud of their solicitor. No the Rolls refused the application, and the liqui- the belief that it was a mere formal deed, and they negligence could be imputed to Curling. It would dator appealed.
both signed the usual indorsed receipt, though be a monstrous extension of the doctrine of conSwanston, Q.C. and Higgins, for the appellant. po money was paid to either of them. They structive notice to hold that a person who ad
The Solicitor-General (Jessel, Q. C.) and J. D. both executed the deed in reliance on Walters' vanced money on an ample security, was to be Bell, appeared in support of the order.
representations. Walters then executed an equit. postponed, because his security consisted in part Lord Justice MELLISH, who delivered the judg. able mortgage of the estate, by covenant and de- of small lots, from the title of which somement of the court, said that the Master of the posit of title deeds, to Curling, who had no notice thing might have been discovered affecting the Rolls had found as a fact that Wingrove believed whatever of the prior mortgages not having been main portion of the security, the title to which, Rassell to be a responsible person, and, unless it paid off. The interest on the two prior mort. on investigation, was found to be perfectly clear. was clear that the court below was wrong on the gages was regularly paid during the life of The appeal must be dismissed with costs. evidence, the court of appeal woald not set aside Walters, so that the fraud was not discovered till
The LORDS JUSTICES were of the its decision on a question of fact. The evidence his death in 1865, whereupon the above three suits
opinion. made out nothing more than a case of suspicion, were instituted to determine the priorities of the while on the other side there was Wingrove's mortgages. The Vice-Chancellor held that Cur.
Solicitors for the appellant, J. Crowdy for Grif. positive oath that he believed Russell to be a re- ling was entitled to priority over the two prior fiths and Crichton, Newcastle-on-Tyne. sponsible person, and the decision of the Master mortgagees, as they had, by executing the convey. Solicitors for the respondents, Farrer, Ouvry. of the Rolls in his favour. The appeal must, there ance to Walters, and by signing the receipts, given and Co.; Dean and Taylor for Longueville, Wilfore, be dismissed with costs.
Walters absolute power to deal with the estate. liams, Jones, and Williams, Oswestry; Hillyer Solicitors, Mercer and Mercer.
Darnell appealed, Curling's interest having and Fenwick; Clayton.
Nov. 18 and 24.
what was in substance the same debt. The proof, Hurst had done no act disposing of the property (Before the LORDS JUSTICES.) therefore, would not be allowed. :
for the benefit of himself or anybody else, the Lord Justice JAMES was of the same opinion. gift over contained in the will of Hannah Hurst CARDIGAN v. CURZON.HOWE.
Order of the Vice-Chancellor accordingly took effect. Trustee - Discretion — Power of sale — Land in
Glasse, Q.C., Nalder, and G. O. Edwards, for the neighbourhood of large town—Tenant for. life
Solicitors for the appellants, Uptons, Johnson, nephews and nieces of Hannah Hurst. - Remainder man. Upton, and Budd.
Pearson, Q.C. and A. G. Marten for the heir-atThis was an appeal motion from an order of the
Solicitors for the respondents, Argles and law of John Harst.
Raulins. Master of the Rolls refusing to interfere with the
J. T. Humphry for other parties. discretion which the trustees of a will had exer
The VICE-CHANCELLOR said that on the con. cised in selling certain real estate. By his will,
Saturday, Nov. 25.
struction of the will he was of opinion that John the Earl of Cardigan devised large real estates in
Hurst took a life interest with a power of disposi. the neighbourhood of Leeds to trustees to the use Lunatic-Past maintenance-Claims-Priority.
tion over the fee ; but, subject to the exercise of of the Countess of Cardigan for life with divers This was a petition under the Lunacy Regulation that power, the property was to go to the nephews remainders over; and the will empowered the Act 1862. Under the trusts of the will of Francis and nieces of the testatrix. John Hurst had died trustees, at the request and with the consent of Scott, who died in 1861, Christina Gibson, a per- without exercising the power: the money, was the Countess, to sell the real estates or any son of unsound mind, but not found so by inqui. therefore divisible among the nephews and nieoes. part of them. After the above suit had been in sition, was entitled to a reversionary interest in
Solicitors : Collyer and Co.; A. C. Eduards; stituted for the administration of the trusts of the one-sixth part of the testator's residnary estate, Milne, Riddlell, and Mellor ; Lever and Son. will, the trustees, at the request of the Countess, which fell into possession in 1870, and constituted contracted to sell 5} acres of the land at a price the whole property of Christina Gibson. The
V. C. BACON'S COURT. considerably in excess of its agricultural value. amount of her share in the testator's residuary Thereupon the remainder man applied to the
Friday, Nov. 24. estate was 6411. 7s. 10d., and it was paid to her court to refuse its consent to the sale, on the brothers, Thomas Gibson and Alexander Gibson, wild-Legney-Failure of object of gift-Absolute
PALMER V. FLOWER. ground that the land in question being near upon trust for her in accordance with the directions the rapidly extending town of Leeds, would in contained in the will. From 1838 to 1859, when she
gijt. the course of a few years become of very great was admitted as a parper patient to Colney Hatch CHARLES JAMES PALMER, by his will, after value for building pnrposes, and that the trustees Asylum, her brothers had pail suns amounting to making certain specific devises and bequests, dewere exercising their discretion unduly in favour more than 7001. for her maintenance in a private clared that for the purpose of making a further of the tenant for life, and to the injury of the lunatic asylum. Upon receiving their sister's provision for the advancement of his nephew, remainder man. The Master of the Rolls refused legacy, the brothers made arrangements to remove
William Henry Palmer, it should be lawful for his the application, and the remainder man appealed. her to a private lunatic asylum, and to lay out the trustees from time to time during the life of his
Swanston, Q.C. and Marten, for the appellant. amount in the purchase of an annuity for her life, sister-in-law, Mrs. Elizabeth Palmer, upon her reSir Richard Baggallay, Q.C., Charles Hall, and
bnt be fore this arrangement could be carried out quest in writing, and after her death, at their dis
& formal claim was Bovill, for the respondents, were not called upon.
made upon them by the cretion to expend any sum or sums of money treasurer of the County of Middlesex for the pay.
out of his residuary estate so that the total Lord Justice JAMES said that this was an
ment of 3091. 103. 41., being the cost of the lunatic's amonnt did not exceed 65001. “in the pur. appeal npon & conflict of surveyors as to value, maintenance at Colney Hatch Asylum from 1859 chase of any commission or commissions for and it ought not to have been bronght except upon to 1871. Thereupon Thomas Gibson filed this in obtaining the promotion of my said overwhelming evidence. On the merits his Lord. petition praying for the directions of the court nephew, William Henry Palmer, in her Majesty's ship thonght that the trustees had exercised a as to whether he and his brother should retain army.” The testator died on the 3rd Jan. 1868, at wise discretion, and said that he should have the legacy in part satisfaction of the sums ex.
which time W. H. Palmer was a lieutenant in the made the same bargain himself.
pended by them for the lunatic's maintenance, 68th Regiment of Infantry. On the 15th Feb. Lord Justice MELLISH said that Lady Cardigan or whether they should pay the claim of the trea- 1868 he exchanged into the lith Hussars, for was entitled to require the land to be sold in order surer of the county of Middlesex.
which exchange he paid the sum of 6001. and for to obtain a fair income on the capital. In his Cracknall, for the petitioner, submitted that his ontfit, &c., 5501. On the 30th May 1868 Mrs. opinion the order of the Master of the Rolls was the brothers were entitled to the whole snm on
Elizabeth Palmer sent a request in writing to the quite right.
their undertaking to continue the maintenance of trustees of the will of C. J. Palmer, to pay the Appeal arcordingly dismissed with costs. their sister for the future. He cited Re Macfar. whole sum of 65001. to W. H. Palmer. This the Solicitore for the appellant, Duncan and Murton. Ilane (6 L. T. Rep. N. S. 154 ; 2 J. & H. 673.) trustees refused to do without the sanction of the
Solicitors for the respondent, Nicholl, Burnett Schomberg, Q.C. for the treasurer of the county court. The object of the gift had failed in conseand Veteman; Bloxom, Ellison, and Bloxam. of Middlesex, contended that the brothers' claim quence of the abolition of purchase in the army.
was no debt at all, as they were under no obliga: A special case having been settled, the following Friday, Nov. 24.
tion to maintain their sister, and that if it was a questions were submitted to the court : (1) Whether debt, it was barred by the Statute of Limitations.
W. H. Palmer was entitled to the whole sum of Re THE ORIENTAL COMMERCIAL BANK Methold for the Solicitor to the Suitors' Fund. 65001., (2) to the 6001. for his exchange, (3) to the (CLAIM OF THE EUROPEAN BANK).
Lord Justice JAMES was of opinion that the 5501. for his outfit, &c.
Kay, Q.C. and kingilon for the plaintiff.
S. H. Boult for the residuary legatoes.
Willcock, Q.C. and W. P. Dickens for the trusThis was an appeal from a decision of Bacon, legacy, there should be an order that they should y.c. In April 1866 bills of exchange were drawn retain the whole sum, upon their undertaking to tees.
The Vice-CHANCELLOR was of opinion that by the Oriental Bank on the European Bank, and maintain their sister during the rest of her life.
Lord Justice MELLISH concurred.
Mr. W. H. Palmer was entitled to the 65001. with accepted by the European, for the accommodation of the Oriental, upon an undertaking by the
Solicitors for the petitioner, Denton, Hall, and interest at the rate of 4 per cent. from the date of
Mrs. Palmer's request.
Solicitors for the Treasurer of the County of
Solicitors : Palmer, Palmer, and Bull; J. B. meet the bills at maturity. The bills, amounting
Solicitors to the Suitors' Fund, Johnson and
Re WARE'S TRUSTS. banks had stopped payment, and were being
Will-Construction--Administration. wound-up, and as the Oriental had failed to fur.
V.C. MALINS' COURT.
SAMUEL WARE, by his will dated 5th July 1859, nish the European with funds, the bills were dis.
Friday, Nov. 24.
bequeathed unto his two niecos, Miss Cumberlege honoured. The Agra Bank being holders of the
PENNOCK v. PENNOCK.
and Mrs. Cautley (wife of Joshua Cantley) 10,0001. bills for value proved for the whole amount of 88001. in the winding-up of the European, and re. Gift by will-- Construction, Whether absolute each for their own absoluto use and benefit" exceived a dividend of 10s. in the pound, amounting
interest, or life estate with power of appoint. cept as hereafter limited,” and he directed the Inent.
trustees of his will to invest the same for their to 41021. Os. 9d. on the whole. They also proved for the balance of 88001. in the winding-up of the By post nuptial settlement dated 5th July 1869, separate use, independent of any husband, and in Oriental, and received a dividend of 15s. in the an undivided share in realty was settled upon
case either Miss Cumberlege or Mrs. Cautley, or pound, so that on the whole they received 20s. in Hannah Hurst, the wife, for life, with a general certain other persons to whom he had beqneathed the pound. The European then claimed to prove power of appointment after her death. On the annuities should become a bankrupt or take relief against the Oriental for the amount which they which a decree for sale was made on the 29th Jan.
as an insolvent debtor, or sell, assign, mortgage, 26th Oct. 1869 a partition suit was instituted in
or otherwise dispose of the annual sum or interest had paid to the Agra. The Vice-Chancellor allowed the claim (see 24 L. T. Rep. N. S. 936), and the
1870. The property was sold on the 3rd Aug. 1870. bequeathed to her, then the same shall cease and liquidator of the Oriental appealed.
Hannah Hurst exercised the power contained in fall into and become part of my residuary estate the settlement by her will dated the 4th Jan. 1870
as though she was actually dead, except in respect De Ger, Q.C., Koy, Q.C. and H. M. Jackson for as follows: “I direct, limit, and appoint all the
to Mrs. Cantley, whose legacy is to go to her the appellant, contended that the order of the
said share of real estate unto my husband, John children, according to her appointment, and in Vice-Chancellor was wrong, as it in effect allowed
Hurst, his heirs, executors, administrators, and default to them absolutely.” The test:tor died on a double proof in respect of one debt.
assigns, in trust to stand possessed thereof, and the 12th Dec. 1860. Mrs. Cautley died on the 9th Ediliis, Q.C. and Grahom Hastings, in support to enjoy the rents, profits, and income arising and July 1867, leaving her husband her surviving, of the order, co tended that the liability of the to arise therefrom, for his own absolute use for without having become bankrupt or insolvent, or Oriental to furnish the European with funds to and during the term of his natural life, with power having sold or in any way incumbered the interest meet the bills was a distinct debt from their lia- to take and apply the whole or any part of the bequeathed to her by the will of her uncle, Samuel bility as endorsers of the bills, and that therefore capital arising therefrom, to and for his own
Ware. By her will, dated 6th Aug. 1866, sbe this was not a case of double proof.
benefit, and from and after the decease of my said appointed the 10,0001. among her children. Upon Lord Justice MELLISH was of opinion that the husband, I direct the same, subject as afore. the death of Samuel Ware legacy duty at the two debts were substantially the same. If the three said, to be equally divided amongst my nephews rate of 31. per cent. was paid upon the legacy banks had remained solvent, the Oriental wonld and nieces.” And the will contained power
to Mrs. Cantley and the Commissioners of In. have performed both contracts by paying the bills for the husband to sell the property;
Hannah land Revenue
now required Mr. Cautley to Could they, because they were insolvent, Hurst died on the 9th June 1870, and John Hurst take out letters of administration to his wife in be held liable to pay two dividends in respect of a died on the 22nd June following, intestate. On a respect of that legacy. By consent of the Comdebt, which, if they had remained solvent, they petition for payment of the purchase money out missioners of Inland Revenue, the question was would only have had to pay once? In his Lordship's of court, the heir-at-law of John Hurst contended submitted to the court in the form of a petition. opinion they could not. The rule against double that he was entitled to the money, on the ground Amphlett Q.C. and A. Bailey, appeared for the proof was very sound : it applied equally in that John Hurst took an absolute interest in the petitioners. Chancery and in bankruptcy, and ought to apply property under his wife's will. It was contended W. W. Karslake for the Commissioners of In. in 'winding-up. To allow the claim would be to on the other hand, on behalf of the nephews and land Revenue. make the Oriental pay two dividends in respect of nieces of Hannah Hurst, that, inasmuch as Jo The VICE-CHANCELLOR was of opinion that