90 Inns of Court.-Notes of the Week.-Superior Courts: Lords Justices. INNER TEMPLE. April 30. John Simmonds, Esq., M.A. MIDDLE TEMPLE. April 30. Charles Boulnois, Esq., LL.B. Fitzgerald Lockhart Ross Murray, Esq. GRAY'S INN. Charles Robertson Griffiths, Esq. INNS OF COURT. Trinity Term, 1855. PUBLIC EXAMINATION OF STUDENTS. BILLS OF EXCHANGE AND PROMISSORY THE Committee of the whole House on this Bill has been fixed for Monday, the 4th June; but so many other measures have been appointed for the same day, that we question whether the Bills of Exchange Bill can be brought on. We hear grave doubts of the public benefit of this alteration of the Law, and it is anticipated that it will lead to an increased number of insolvencies and bankruptcies. These changes, which materially affect trade and commerce, should be carefully considered before they are adopted. There can be no doubt, however, that the choice of the Select Committee has been judiciously made in favour of Mr. Keating's Bill, Held at Lincoln's Inn Hall, on the 18th, 19th if one of the two must pass. and 21st Days of May, 1855. THE Council of Legal Education have awarded to John P. O'Hara, Esq., Student of Gray's Inn, a Studentship of Fifty Guineas per Annum, to continue for a period of Three Years. Charles A. Holmes, Esq., Student of the Inner Temple, a Certificate of Honour of the First Class. NOTICE OF APPLICATIONS TO A JUDGE AT On 13th June, 1855. Watson, Robert William Gifford, Stoke Da John Pym Yeatman, Esq., Student of Lincoln's LAW APPOINTMENT. Mr. Loftus Leigh Pemberton has been ap Edward Howley, Esq., Student of the Middle pointed to the vacancy in the Registrars' Office Temple; Frederick Hyman Lewis, Esq., Stu-in Chancery. RECENT DECISIONS IN THE SUPERIOR COURTS. Lords Justices. Lord Kensington v. Bouverie. May 28, 1855. The tenant for life, under a settlement, was empowered to charge the settled estates with 20,000l., and interest at 5 per cent. for his own benefit, and to create a term to secure it. It appeared that the rents and profits were insufficient to pay the interest on such 20,000l., and the tenant for life accordingly paid the deficiency out of his own Superior Courts: Lords Justices.-Rolls.-V. C. Stuart. moneys: Held, reversing the decision of the Master of the Rolls, that his representatives were entitled as against the succeeding tenant for life to charge such interest paid on the inheritance, and that an account thereof must be taken from the date of the charge, and not from the death of the tenant for life. THIS was an appeal from the decision of the Master of the Rolls (reported 19 Beav. 39). It appeared that by a settlement dated October 13, 1833, and made on the marriage of Lord Kensington, the Kensington estates were settled, subject to a mortgage for 60,000l. held by Lord Braybrooke and others, on the late Lord Kensington for life, with remainder to the plaintiff for life, and a power was given to the late Lord Kensington to charge the estates with 20,000l., and interest at 57. per cent. for his own benefit, and to create a term to secure it. It was also provided that so much of the 20,000l. as should not have been raised by mortgage of the term, during the lifetime of the late Lord Kensington, should on his death, as between his representatives and the parties entitled under the settlement sink into the inheritance. The late Lord Kensington by deed, dated February 5, 1835, charged the estates accordingly with 20,000l. and interest at 5 per cent. from that date, and created a term of 1,500 to secure the charge, redeemable on payment of principal and interest. He afterwards mortgaged this charge with property of his own to secure the several sums of 24,500l., 32,500l., and 23,000l. to several parties. Upon his death, on Aug. 18, 1851, the plaintiff, who be came tenant for life, filed this bill to redeem on payment of the 20,000l. By the decree made on March 1, 1854, directing accounts and inquiries, the chief clerk took an account of the interest on the 20,000l. only, from the death of the late lord, and the rents and profits were found to be sufficient to keep down the interest on the 60,000l. but not on the 20,000l., and he accordingly paid the deficiency out of his own moneys, and an application was made for an inquiry as to the excess of such interest paid by the late lord, and for the same to be charged on the inheritance as part of the mortgage security. The Master of the Rolls having, on December 5th last, refused the application on the ground that the account could only be taken from the death of the tenant for life, this appeal was presented. Solicitor-General, Lloyd, R. Palmer, Selwyn, Shapter, Freeling, Southgate, and Micklethwaite for the several parties. Cur. ad. vult. The Lords Justices said, that the representatives of the late tenant for life were entitled as against the remainder man to a charge on the estate for the sums paid by their testator in his lifetime for interest, in respect of which the rents and profits were insufficient. The accounts must therefore be taken from the period of the charge, and not from the death of the tenant for life, and the decree of the Court below would be varied accordingly. Master of the Rolls. Gerrard v. Butler. May 26, 1855. SETTLEMENT. CHILDREN. 91 PORTIONS FOR YOUNGER APPOINTMENT.- VOID DI A fund was settled under a marriage settlement for portions for younger children, of which there were afterwards six. On the marriage of one, the settlor and his wife appointed one-sixth in her favour, and directed that it should be held on the same trusts as were declared in favour of her husband, herself, and their children successively: On the daughter's death, held that her representative took the fund, and that the direction was void. By a settlement, on the marriage of Mr. and Mrs. Fowler, certain estates were charged with 3,000l. for portions for younger children, and a sum of 2,000l. was also settled on the like trusts. It appeared that there were six younger children, and that on the marriage of one of them, Elizabeth, with Mr. Gerrard, Mr. and Mrs. Fowler appointed one-sixth of the fund for portion to her, and directed it should be held on the same trusts as were declared in favour of Mr. Gerrard, herself, and their children successively. This claim was filed on her death by the plaintiff as her legal personal representative claiming to be absolutely entitled to the fund appointed. Roupell and Wynne in support; Cary for Mrs. Fowler, contrà; Osborne and Biron for other defendants. The Master of the Rolls said, that there was an absolute appointment to Elizabeth, and that the direction was void, and that the plaintiff was accordingly entitled. Vice-Chancellor Stuart. NONPAYMENT OF MONEY. ON Held, that the 1 & 2 Vict. c. 110, s. 16, does not apply to the case of a debtor taken in execution under an attachment for contempt for nonpayment of money ordered to be paid under a decree. It appeared in this case that a decree had been made for the payment of money and that on its nonpayment the debtor had been taken in execution under an attachment for contempt. The question now raised on this petition was, whether the case came within the 1 & 2 Vict. c. 110, s. 16, which enacts, that "if any this Act shall have obtained any charge or be judgment creditor, who under the powers of entitled to the benefit of any security whatsoever, shall afterwards and before the property so charged or secured shall have been duce thereof applied towards payment of the converted into money or realised, and the projudgment debt, cause the person of the judgment debtor to be taken or charged in execution upon such judgment, then and in such 92 Superior Courts: V. C. Stuart.-Queen's Bench.-Common Pleas.-Exchequer. He case such judgment creditor shall be deemed Debtors' Court, including the judgment debt and taken to have relinquished all right and in his schedule, and was discharged. title to the benefit of such charge or security afterwards was committed on a judgment and shall forfeit the same accordingly." summons for 40 days by the County Court Malins, Baggallay, White, and Brown, for Judge. the several parties. The Vice-Chancellor held, that the section did not apply. Court of Common Pleas. George v. Somers. May 28, 1855. COMMITMENT ON COUNTY COURT JUDG- After a judgment in a County Court, the de- THIS was a motion for a rule nisi on the Judge of the Rochester County Court and the plaintiff in a plaint issued in such Court, to show cause why the defendant should not be discharged out of custody. It appeared that an order had been made for the immediate payment of the debt for which the plaint issued, but that on the defendant's subsequent arrest by another creditor he petitioned the Insolvent no Francis in support, referred to the 1 & 2 Vict. c. 110, s. 90, which enacts, that " person who shall have become entitled to the benefit of this. Act by any such adjudication as aforesaid, shall at any time thereafter be imprisoned by reason of the judgment so as aforesaid entered up against him or her, acCording to this Act, or for or by reason of any debt or sum of money or costs with respect to which such person shall have become so endecree or order for payment of the same; but titled, or for or by reason of any judgment that upon every arrest or detainer in prison aforesaid, or for or by reason of any such debt upon any such judgment so entered up as or sum of money or costs or judgment decree or order for payment of the same, it shall be lawful for any Judge of the Court from which any process shall have issued in respect thereof, and such Judge is hereby required, upon proof made to his satisfaction, that the cause of such arrest or detainer is such as hereinbefore-mentioned to release such prisoner from custody, unless it shall appear to such Judge upon inquiry that such adjudication as aforesaid was made without due notice." &c. The Court said, that there was no ground for impeaching the decision in Abley v. Dale, 11 C. B. 378, and refused the rule accordingly. Court of Exchequer. 25, 1855. Attorney-General v. Robinson and others. May cOMPROMISE BY CUS OF INFORMATION On the trial of an information by the Attor- taxation of the costs of this information by the THIS was a motion for a rule nisi to stay the Attorney-General, at the instance of the Comfendant Robinson. It appeared that the inmissioners of Customs, as against the deformation sought to recover penalties to the amount of 53,000l., but that on the trial a verdict for 1,000l. was taken for the Crown by consent, which had been duly paid. Wordsworth in support. The Court said, that as it was not stated when the compromise was effected, that the 1,000l. was to include the costs of the prosecution, the rule must be refused. The Legal Observer, AND SOLICITORS' JOURNAL. wwwwwww Still attorneyed at your service.”—Shakespeare. SATURDAY, JUNE 9, 1855. LIAMENT. PROGRESS OF LAW BILLS IN PAR- the business of Doctors' Commons to the Profession at large, and abolishing the Ecclesiastical Courts. Petitions have been of compensation to the practitioners both in town and country, and on the practical details of a change of jurisdiction and mode of procedure. It is not improbable that the Bill will be referred to a Select Committee of the House of Commons for the purpose of taking evidence and investigating the Government plan. Ir will be convenient in this part of our signed numerously on both sides of the journal, from time to time, to give a brief question. We believe the majority are in summary of the debates which have taken favour of the abolition. But, besides this place in Parliament, on the subject of the difference of opinion, there are difficulties several Bills relating to the Law, or affect- to be considered on the important question ing the interests of the Profession, and to notice the progress made therein. There are several measures, of more or less importance, which have already made considerable advances-some indeed have been sanctioned by one of the Houses of Parliament. Nearly four out of the usual six months devoted to the legislative sittings have passed away; but during the time that remains much may be accomplished for good or evil, and it behoves all who are interested in sound and safe legislation to be watchful at each stage of the several measures that remain for consideration in either House. No less than six Bills stood for consideration on the 4th instant, the three most important of which were postponed in consequence of the debate on the Affairs of the War with Russia. These werethe Testamentary Jurisdiction Bill, the adjourned debate on the second reading of which has been postponed till Tuesday the 12th of June ;-the Bills of Exchange and Promissory Notes Bill, the Committee on which has been postponed till Friday the 8th; and the Despatch of Business in Chancery Bill, the Committee on which was postponed till Thursday the 7th. We mentioned some few weeks ago, that the proctors admitted that important alte rations were needed in the constitution and practice of their Courts, and they were prepared with a plan of reform to meet the objections of their opponents;-to let in the Solicitors to practise in contentious suits; and to allow them a share in the emoluments of business which they introduced to the proctors, according to the arrangements existing between country solicitors and their London agents. We are not aware whether this plan is approved by the proctors generally; at present we cannot learn that it has been suggested to the proper authorities, and we believe it has not yet been communicated in any official form to the Incorporated Law Society, who may be considered as representing the solicitors. On the subject of the Bills of Exchange and Promissory Notes Bill, we understand With regard to the Testamentary Juris- that the bankers and bill brokers in the diction Bill, it is observable that a consi- city are urgently in favour of some alteraderable difference of opinion prevails tion in the law which will accelerate the amongst the Solicitors in London regarding recovery of money on bills and notes, and he expediency of entirely throwing open prevent the setting up of defences for the VOL. L. No. 1,422. G 94 Progress of Law Bills in Parliament.-Executor and Trustee Bill. purpose of delay. The Bill of Mr. Keating and Mr. Mullings is well calculated to effect that object, and we are told that it will probably pass the House of Commons; but its success in the House of Lords is somewhat doubtful. executorships and trusts, will be exclusively authorised to charge any trust estate which they may get into their hands with the payment of a commission to them, the amount of which is only to be limited by their own bye-laws and the sanction of the Treasury; this alteration of the law is so important a part of the whole scheme of the Bill that, unless it be effected, the Bill itself must fall to the ground. The despatch of business in Chancery Bill is in a somewhat questionable position. We think, if the clauses were struck out which restrict solicitors from the administration of Oaths except at their places It is believed that any such change in of business, or where the deponent is un- the public law, for the exclusive benefit of able to attend from sickness, the Bill might an unestablished body, is unprecedented. pass, although doubts are entertained If the principle of the Bill be admitted, it whether additional Chief Clerks to the follows that it is right and proper that all Equity Judges should not be appointed, as other persons or corporations who are willwell as Junior Clerks. We trust, however, ing to undertake trusts under similar cirthat no unnecessary delay will take place, cumstances should also be entitled to charge because the time is fast approaching when the trust estates confided to their care with the pressure of business, prior to the Long the payment of commission for the risk Vacation, will be greatly increased, and the and trouble incurred in the execution of the suitors and practitioners may suffer serious inconvenience if the staff of clerks be in- It is submitted that the Bill ought not sufficient. We beg to suggest, therefore, to pass unless and until the Legislature that, with the exception we have mentioned, shall deem it proper, after full and mature it will be expedient the Bill should pass; deliberation, to alter the existing law by a and reserve for another Session the appoint- general measure applicable to ali persons. ment of additional chief clerks. trust. If it were necessary to discuss the merits We are glad to find that the Public Pro- of the proposed establishment of a comsecutors' Bill has been referred to a Select pany for the purpose of undertaking the Committee, consisting of Mr. J. G. Philli- duties of executors and trustees, the futimore, Sir G. Grey, the Attorney-General, lity of the scheme could easily be demonthe Lord Advocate, Mr. Watson, the strated. If a person is minded to make a Solicitor-General for Ireland, Mr. Ewart, will or settlement, he confides the execuMr. Walpole, Sir F. Thesiger, Mr. Napier, Mr. Philipps, Lord Stanley, and Mr. Miles. tion of the trust which he is creating to those of his relations or friends in whom he places the greatest personal confidence. The important Bills relating to the Law He has to provide for the guardianship of of Partnership and Limited Liability, of his children, for their maintenance during which we give full copies in subsequent minority, for the guardian's consent to the pages, will of course receive due consider- marriage of his daughters, and for a multiation. The general impression appears to be in favour of these alterations in the Law. EXECUTOR AND TRUSTEE BILL. REASONS AGAINST THE BILL. tude of details which require personal consideration of the various contingencies of life as they arise. Assuming that any existing companies, however highly respected and successful they may be in their respective spheres, were willing to undertake such trusts, would a parent desire that the directors for the time being of such an establishTHE main object of this private Bill is ment as the Bank of England, or the Royal to effect, for the exclusive benefit of the Exchange Assurance Company should be promoters, a most material change in the the guardians of his children, and should public law of the land. According to the have the control of their education and law as it now stands, no executor or trustee the selection of schools or tutors for them, can be remunerated out of the trust estate or should be entrusted with the discretion for the performance of his office, except by of consenting to the marriage of his the express direction of the testator or set- daughters? tlor; but if this Bill is permitted to pass into a law, the company proposed to be established for the purpose of undertaking Experience has proved, beyond all question, that the management of public companies is only successful in such branches: |