« EelmineJätka »
SCALE OF CHARGES.
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tion is a question for the jury. (1 Web. P.C. SOLICITORS' JOURNAL. THE following law lectures and classes are ap295.)
pointed for the ensuing week in the Hall of the Carpenter v. Smith. N. P. 1841.-Abinger, Many of those members of the Incorporated Law Incorporated Law Society. Monday, 10th, class, C.B., in his remarks to the jury, said: “ It is required as a condition of every patent that the Society who wish and recently endeavoured to Conveyancing, 4.30 to 6 o'clock ; Tuesday, 11th, patentee shall set forth in his specification a true throw open the doors for the election of the council, class, Conveyancing, 4.30 to 6 o'clock; Wednesaccount and description of his patent or invention, making it more representative, are probably un- day, 12th, class, Conveyancing, 4.30 to 6 o'clock; and it is necessary in that specification that he should state what his invention is, what he claims
aware of the fact, that in Dublin the council of Friday, 14th, lecture, Common Law, 6 to 7 o'clock. to be new, and what he admits to be old ; for if the Incorporated Law Society is annually elected the specification states simply the whole ma- by ballot.
SEVERAL country solicitors have forwarded to us chinery which he uses, and which he wishes to in.
a quantity of printed matter addressed to each, troduce into use, and claims the whole of that as AMONGST the many offices which might with
and marked “Private.” At the sacrifice of space new, and does not state that he claims either any great advantage to the public, and in view of the portant part of it, as follows, together with the
we are bound to reproduce the whole of the im. particular part, or the combination of the whole increasing necessity for a fairer distribution of body of a circular letter sent with the “ scale of as new, why then his patent must be taken to be a patent for the whole, and for each particular what may be called the pickings of the Profession, charges :". part, and his patent will be void if any particular justly be bestowed upon solicitors, that of clerk
Law Agenry Offices, London. part turns out to be old, or the combination itself of assize certainly seems one of the most con- beg to submit our revised low scale of agency charges
In returning thanks to the lenal profession we now not new.” (1 Web. P. C. 532.) Gibson v. Brand. 1842.-If the patentee claims spicuous. A clerk of assize should be a local for solicitors only, which will be found on comparison to
. below to as his invention improvements in machinery or a solicitor, who would of course appoint his agent patrons that all business entrusted to us will be carried new combination of machinery, and the jury find to do the necessary work in London in the manner out with the accuracy, fidelity, and despatch afforded that he has only invented an improved process, adopted by under sheriffs.
by an experience of twenty years.
It will be seen that our scale enables the country the patent is void. Tindal, C.J., said : Looking
practitioner to secure to himself nearly the full benefit at the specification in the case, it appears to me
of his charges. that this patent cannot be supported at law, be- A CORRESPONDENT informs us that there is an Law AGENTS AND ACCOUNTANTS, JOINT STOCK CONcause the plaintiffs have, in the course, of it, idea prevailing that the partners and articled
PANIES' REGISTRATION AGENTS AND LAW STATIONERS, claimed more than they are entitled to.” His
London, W.C. Lordship also said that the specification ought
to clerks of members of the Incorporated Law be so clearly worded as to enable any person of Society are at liberty to use the hall or reading
8. d. sufficient understanding on the particular subject room of the society. This is an error to which Registering Assignment of Patents
Deeds enrolled to attain the result without doubt or difficulty, it being the price paid by the inventor for keeping
think it necessary to direct attention, Search for Specification of Patents the public out of the enjoyment of the manufao especially as at the present time efforts are being
Registering Bill of Sale ture. Cresswell, J.: “Every party is bound to made to increase and extend the influence of this Search Bill of Sale.... tell the pablic clearly, by his specification, what Society, and when, too, it is said that every Do. Warrant of Attorney he claims, and what they may do or not do, with qualified solicitor should feel it incumbent on him Searching Registered Judgments, Crown debts,
Filing Certificate of Acknowledgment out risk of an action for infringing his patent. to become a member of the society. (1 Web. P. C. 627; 4 M. & G. 179.)
Lis pendens, and Annuities
Articled Clerks' notices for Examination and Ad. Macnamara v. Hulse, N. P. 1843.- Action for
mission given, Affidavits and Admissions prethe infringement of a patent for certain im.
pared, and Court attended on signing the Roll 15 0 provements in paving, pitching, or covering A CORRESPONDENT inquires of us whether soli.
Bankruptcy. streets, roads, and other ways. The patentee, citors only are competent to act as political agents Search for Composition Deeds or Cases in liqui. in his specification, said: “My invention consists for the purpose of attending before Revising Bar. Service of Restraining Order on Judgment Cre.
dation..... in an improved mode of cutting or forming stone,
risters. or other suitable material for paving or covering
We are not aware of any enactment ditors, and making Affidavit of Service roads," &c. The specification directed the blocks limiting the right so to appear to solicitors, Attending Meeting of Creditors, and letter re
porting result, as per time engaged to be used for paving to be bevelled both inwards though we are bound to say such a condition
Probate Registry. and outwards, but said nothing as to the precise would be only right and proper ; but it is hardly Valuations made for Probate in town or country.
; angle at which the bevels were to be made. The a matter for which provision would be made
5 per cent. commission on total value; (one. infringement complained of was the manufacture unless at the instigation of the representative Wills proved, or Letters of Administration ertracted
third of the commission allowed to solicitors) of wooden blocks according to the improvement
for country solicitors, in their own names ........ of the plaintiff. Abinger, C.B., said: "If the body. If the matter is open, an express provision
Searching Will specification leaves it to experiment to determino that certificated solicitors alone should be qualified Court fee what is the proper angle, it is not good; but if for such responsible and important posts would attending for any other purpose at Registry. 2 0 any angle is a benefit, it will do." And, again : be desirable.
Somerset House. “ I think that the words 'any other suitable ma
Passing Residuary Account (according to time) terial' inclnde & wood pavement, though pro. bably the plaintiff never contemplated it.” (1 Car. A REPORT, in circulation, to the effect that the Passing Succession Account, & Marsh. 478; 2 Web. P. C. 129.) Council of the Incorporated Law Society have Paying instalment of Succession Duty
Paying duty on Legacy Walton v. Bateman. N. P. 1842.-Tindal, C.J., decided to apply to Parliament with a view to Paying increase on Probate or Letters of Admi. held that it was a question for the jury whether confirmation by statute of the “Scale of Comthe patentee has given such a description of his mission " recently circulated amongst members
Obtaining return of Probate Duty
3 0 invention and of the manner of carrying it out as
Search for Birth, Death, or Marriage
2 0 will enable a workman of competent skill in that of the society by the council does not, we believe, Attending Stamping Deed line of business to act upon it. (1 Web. P. C. convey the actual position of the matter. The Denoting Stamp to Duplicate Deed
Obtaining Adjudication Stamp ou Deed
50 $21.) If a patentee knows a better mode than Scale has been submitted to the Lord Chancellor,
Joint Stock Companies' Registry. that which he states in his specification of carry and in the event of his approving it, the applica- Registering Company ing out his invention, his patent is void. (1 Web. tion above suggested will be made. As is well companies' Books, Prospectuses, Share Certifi.
Annual and other Returns filed
2 0 P. C. 622.) The Househill Company v. Neilson. N. P. 1843. known, a very large number of solicitors do not cates, Letters of Allotment, forms of applica
tion for Shares and Common Seal supplied at --It is not necessary that the apparatus described belong to any of the existing Law Societies, either
25 per cent. less than any other Registration in the specification should be productive of the in town or country, and we believe-and are glad Agent. greatest amount of benefit; it is sufficient if an so to understand—that it is in contemplation to Books Audited and Accounts prepared (charge
General Business. ordinary workman, acquainted with the subject, could, by following the specification, construct circulate the Scale in question among solicitors
by arrangement). an apparatus productive of some benefit. Lord generally. The Incorporated Law Society repre- Searching Records at Public Record Office. Con.
tracted Latin translated, copied, and verified Justice Clerk Hope, in addressing the jury, said: sents, or should do so, not less those who are not
by affidavit (as per time engaged). * The specification is to be read as addressed to members than those who are so.
Obtaining execution of Deed (cach name) artista, or persons of competent skill in the
Payment into County Court branch of manufacture or process to which it is
Notices inserted in Newspapers, &c. (each). applicable. Hence, known machinery need not
Passport obtained from Foreign Office
2 6 be described, when the nse of them is to be made We are sorry to hear that the Hampshire and Friendly Societies enrolled in carrying out the object of the patent .. West Sussex Law Society established, we believe, Articled Clerks prepared for examination in Solicitors'
Law Stationery usual charges. Workmen of ordinary skill, means those compe. in 1869, principally through the instrumentality of
Bookkeeping and Accounts. tent in the ordinary business and conducting of Mr. Cousins, the present clerk to the Justices of It is not enough to say that it is our actual duty the particular trade-to furnish and construct Portsmouth, has become practically defunct, and to expose this ; not enough to say that the thanks apparatus for the purpose required. Certainly,
of the Profession are due to those country solicitors the pursuer does not satisfy the condition of law, this, too, at a time when such societies are more if he says men of the greatest science-first-rate than ever needed, and, indeed, are springing up to forward sůch
matter to us. It must also be said
whose sense of professional etiquette impels them engineers-could understand him, and would know in every part of the kingdom. The matter con
that we are perfectly surprised-we have written what to do, or what direction to give. That is tained in the pages of our present issue, especially it before over and over again--that no society is not enough. The specification must be for the benefit of the trade when the patent is out; it is upon the subject of the serious encroachments formed to stamp out this touting, these depredaaddressed to those engaged in particular depart. upon the Profession, sufficiently illustrates the tions by unqualified persons, which is assuming ments of trade, and who are to be employed in necessity for the existence of these societies, is for us to give publicity to a wrongful state of
in London very large and serious proportions. It order to make apparatus for the purpose, those which, however, should be brought more in con- things; it is for the Profession to rectify it. No who are competent to make similar apparatus for tact with the Incorporated Law Society, if they doubt other business is transacted besides that similar purposes. But the terms in the issue do should not be in fact branches of it. We hope to suggested by “The Scale of Charges.” not denote common labourers or workmen em. ployed under those which do furnish and construct hear that the country society referred to will be such apparatus.” (1 Web. P. C. 676.) again resuscitated. We believe there are many
NOTES OF NEW DECISIONS. Nickels v. Haslam. 1844.—The patent was for young professional men in Hampshire with ample SUIT FOR DISSOLUTION-PRIOR DECREE OF " improvements in the manufacture of plaited energy who may well in their own interests render JUDICIAL SEPARATION-Cruelty COMMITTED articles."
BEFORE THE DECREE-FRESH ADULTERY.-A improvement. Held, by the Court of Common that assistance with the view we suggest which wife who had been jndicially separated from
her Pleas that this did not render the specification older members of the Profession cannot be ex. husband on the ground of his adultery, filed bad. (8 Jur. 474.) pected to bestow.
a petition for dissolution, alleging fresh acts of
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adultery and cruelty, which were known to her BEALL (Samuel), Great Charlotte - street, Blackfriars, dissented from. The proposition that a married before the former decree. Held, that the d cre:
Bur: ey, pawnhroker. Dec. 1; 1. Attenborough, solicitor, woman's separate estate is not liable to her
63, St. Paul's Churchyard, London. of jadicial separation was no bar to her petition BLACKWOOD (Sir Henry) Bart., Portsea. Dec. 1; Grueber "general engagements” is accurate, if it is merely for a divorce : (Green v. Grcen, 29 L. T. Rep. N. S. and Cooper, solicitors, 5, Billiter-street, London.
meant to say that goods sold to a married woman 251. Div.)
CARRINGTON (Edmund, Beverley, veterinary surgeon. WILL TORN BY DISAPPOINTED LEGATEE
Jan. 1; Robinson and son, solicitors, North Bar Within in the ordinary course of domestic life, and con. in Beverley.
tracts made by her in respect of property not her PROBATE OF THE PIECES AND AN AFFIDAVIT.- COOKE Geo. , formerly of Fleet-street, London, late of separate estate, do not necessarily impose a A disappointed legatee got possession of the will
Kendall-place, Vassal-road, North Brixton, now known liability to be satisfied out of her separate estate :
ag 103. Vassall-road, Brixton, Surroy. Jai Messrs. after it had been read over to her, and tore it in Freshfields, solicitors, 5, Bank-buildings, London. (Chartered Bank of Australia v. Lempriere, 29 pieces. One of the pieces was missing, and was DRAGE (Wm.), 9. arrow-street, Leytonstone road, Essex, L. T. Rep. N. S. 186. Priv. Co.)
gentleman. Dec. 1; Jacobs and Co., solicitors, 20, Budge. supposed to have been carried away by her. The
LANDS CLAUSES CONSOLIDATION ACT 1845– row, Cannon-street, London. court allowed the contents of the missing part to DONDERDALE (Richard),
Wheatley Brook, Thornley: Lan. PAYMENT OUT OF COURT – TRUSTEES WITH be proved by affidavit, and granted probate of the Carter, yeoman. Dec. 27: R. W. and A. Arcroft, solicitors, POWER OF SALE-Costs.--A testator devised pieces thus_supplemented : (In the goods of G.
4 Cannon-street, Pre-ton.
EAGLR Geo. C.), '187, Upper Thames-street, London. and real estate to trustees upon trust, to sell when his Clift, 29 L. T. Rep. N. S. 239. Prob.)
13, Butland-gste, Middlesex, and of Wargrave, Berks, youngest son should attain twenty-oue, and to MATRIMONIAL SUIT-JUDICIAL SEPARATION
wool warehouse keeper. Nov. 15: Drake and Son, solici divide the proceeds of sale as therein mentioned,
tors. 3, Cloak-lane. Cannon-street, London. - PERMANENT ALIMONY ALLOWANCE
Eve (Rav. Henry), The Rectory, Ockenden,
near Romford, and he directed that the receipts of the trustees
F.saex. CHILDREN.—The joint in ome of the parties
Dec. 1; A. E. Francis, solicitor, 9, Austin should be good discharges. Before the youngest
Friars, Tondon. amounted to £563, of whii h the wife had £196 GARROD (Joseph N.), Falcon-square, and Wyndham House, son attained twenty-one a portion of the real arising from property se tled on her by her Carlinn hill. St. John's Wood, London, Esq. Dec. 8; estate was purchased by a burial board under husband. There were three children of the
Robinson and Proston, solicitors, 85, Lincoln's-inn-fields, their statutory powers, and the purchase-money
Middlesex. marriage, and the court, in allotting permanent HARRISON inhn), Gladon. Yorks, formerly a slabber, after.
was paid into court under the 69th section of the alimony to the wife, allowed £30 a year for each of
wards A grocer. Dec. 1; J. Hartley, solicitor, Otley, Lands Clauses Consolidation Act. On the youngest these children in addition to the £196 a year of
son attaining twenty-one the estate became divi. HAY (Lieut-Gen. Chas. C. R.), formerly of 22, Cornwall. which she was already in possession : (Todd v. gardens. South Kensington, Middlezex, lato of Redboat sible into eight shares. The trustees and the per Todd, 29 L. T. Rep. N. S.: 52 Div.)
Villa, Freshwater, Isle of Wight. Dec. 15; Farrer and sons entitled to two of these shares presented a
Co., solicitors, 66, Lincoln's.inn. fields, Middlesex. MATRIMONIAL SUIT-DESERTION-HUSBAND HEWETT Charlotte), late of 13, Southgate-gtreet (formerly petition praying either that the whole fund in FREQUENTLY IMPRISONED-WIFE'S REFUSAL TO
called Chernock-plare), Winchester, spinster. Dec. 31; court might be sold and the proceeds paid to the
Barnes and Bernard, solicitors, 11. Great Winchester trustees, or that two-eighths might be sold and RESUME COHABITATION.- The husband, who was
street, London. the respondent, had been several times convicted HILL (Catherine), Compton-walk, Southampton, widow.
the proceeds paid to the petitioners entitled of larceny, and sentenced to terms of imprison. HOLD:WO THCK Jas... Otley, York. Dec. 1; J. Hartley, be carried over to the separate accounts of the
Dec. 27; Hickman and Son
thereto, and that the remaining six-eighths might ment. The first separation occurred when the solicitor, Otley. husband withdrew from home, with his wife's HOUSTOUN Wm.), Dhulongh, Co. Mayo, Ireland, Esq. persons entitled thereto, and that the board might
Dec. 20; G. Rooper, solicitor, 17, Lincoln's-inn-fields, be ordered to pay the costs. The board asked consent, for the purpose of conoealment. On his
Middlesex. release the wife refused to return to cohabitation,
that the whole fund might be paid to the trusMACLACHLAN (Daniel), Ventnor, Isle of Wight, physician. and ultimately sued for a divorce. Held, that Nov. 29: Lawrie. Keen, and Rogers, golicitors, 21, tees, in order to save the costs of further peti.
Knightrider-street, Doctors'.commons, London.
tions. Held, that the board were not entitled to there was no desertion, the original separation MAITLAND. Isabella R.), formerly of 18. Stratford-plaçe: require the whole fund to be paid out at once. having been with the wife's consent, and the sub. late of 17. Sevmour-street, Marylebone, Middlesex, spin. sequent separation being involuntary on the
Dec. •; Dawes and Sons, solicitors, 9, Angel.court, Quære, whether the trustees were persons "abso
Throgmor on.street, London. husband's part, and caused by the refusal of the
lutely entitled” within the meaning of the 69th MOYCE (Elizabeth M.), formerly of Mason's Hill, Bromley: section of the Lands Clauses Act: (Re Lowry, 29 wife, which was not founded on any matrimonial Kent, late of Shipbor ie, Kent, widow. Dec. 15: Walker misconduct: (Townsend v. Townsend, 29 L. T. Rep.
And Martinean, solicitors, 13, King's-road, Gray's-inn, L. T. Rep. N. S. 233. Chan.).
LANDLORD AND TENANT—NoxioUS SHRUBSN. S. 254. Div.)
NIELD (Alice), Woodfield Cottage, Alderley Edge, near
London. OF GAME.-A tenant for life of an estate with
PATERSON (Sarah), 48, Tufnell park-road, Hollowav, Mid.
powers of leasing, granted a lease of a farm.
road, Holloway. COMISSION TO ADMINISTER OATHS.-Several
SIDWELL (Ann). 15. Eldon-square, Reading, Berks, widow. for the administration of his estate, the lessee
London: brought in a claim for damages sustained by of my professional friends and I are unable to SMITH (Wm.)._5. Adelaide-terrace, Kingston-man-Hull. agree as to the meaning of the first paragraph on gen lernan. Feb. 1: Towney and 'Dawber, solicitors, 16. the loss of some sheep and cattle which died,
Parliament-street, Holl. page 419 of your number of the 25th ult. After
more than six months before the lessor's death, SOLOMON Samuel). . Pine Apple Lodge, Peckham Rye: from eating branches of yew trees growing on the the Judicature Act has come into operation will Surrey, and Coven' garden, Middlesex, market tower of affidavits deposed to before common law commis. fruit. Dec. 1: W. H. Oliver, solicitor, 61, Lincoln s-inn. lessor's land, which projected into the lessee's sioners be received in evidence in every division
field, and from eating cuttings of the yew South (Jas. !, Spittlegate. Lincoln, brickmaker. Dec. 26; of the Supreme Court ? In a word, will the exist. R. A. White, solicitor, Grantham.
trees which had been thrown into the lessee's ing distinction between common law and Chancery Stewart Chas. A. Manchester. merchant. Nov. 30 : | field by the lessor's servants.
Held (reversing commissioners be abolished ?
Hinde. Milue, and' Ludlow, solicitors, 7, Mount-street, the decision of the Master of the Rolls) that the H. M.
Manchester, (Yes; it is as you suggest, but seo onr note TIPPETT (Jane H.), 37, Addison-rond, North, Notting.hill, claim could not be sustained, as the cause of to the letter of " An Old Practioner" on this sub.
Kensington. Middlesex, spinster. Dec. 3; A. Norris, action (if any) died with the lessor ; and the exe.
solicitor 2, Bedford-row, London. ject.-Ed. Sols. Deptmt.] Wilson (Rev. Wm... Southampton, Dec. 27; Hickman and having been brought within the time appointed
cutors were freed from all liability, no action I am obliged to you, and so must be all the
, solicitors, .
Wood (Richard). Duke of Wellington public honga Leete by the 3 & 4 Will. 4, c. 42. The lessee made commissioners, for ascertaining from the highest stree: (formerly South - Street). Chelsea. Middlesex, another claim for damages sustained since the authority their sition under the Judicature Act, licansod victualier. Now: 29: Sadhand Co., solicitors, 2 lessor's death by loss of cattle which had died and I colloct from the remarks contained in the
Suffolk-, Cannon street, London LAW TIMEs of the 25th Oct., that I as a Commis.
from eating yew cuttings lying on lessor's land,
to which the cattle had gained access through a sioner in Chancery, and a Commissioner at Com.
REPORTS OF SALES.
fence which was out of repair, and which the mon Law for tive counties, will be enabled to
lessor had not covenanted to keep in repair. Held, administer oaths relating to common law in all
Friday, Oct, 24.
that the executors of the lessor were under no parts of England and Wales, and that a commis. By Messrs. WIXSTANLEY and HORWOOD, at the Mart. sioner at law, although his commission should Fifty Shares in the Auction Mart Company (L25 paid)--sold the claim could not be sustained. The lease re.
obligation to keep the fence in repair, and that only extend to five counties, will be able to
for L687. administer oaths relating to the Chancery and
Sixty shares in the Animal Charcoal Company (16 paid) - served the game on the farm to the lessor. Two for £285.
months before the lease was executed, the lessor's Probate divisions, and to common law matters By Messrs. NORTON. TRIST, WATNEY, and Co., steward verbally promised the lessee that the throughout England and Wales, so that we shall Surrey, Reixate – The Quarry-hill Estate, comprising
game should be killed down, and it was on the
mansion and 16a. Ir. 35p , -- freehold --sold for £12,001). all have equal powers. I am induced to trouble you with this letter because a correspondent was
Near East Grinstend. --The Old Fstate, contnining 435a. Or. faith of that promise that the lessee entered into 15p., freshold-gnld for £'6,000, including timber.
the lease. In spite of this promise the shooting of opinion that commissioners would only retain An enclosure, containing 8a. Ir. 10p.-rold for £300. similar powers to those which they now possess. Wood.strert E.C.-Nos. 2, 3, and 4, St. Alban's-court, free
was let to a gentleman who kept a large quantity
hold-so'd for €2200. It would be a very great advantage if London
of game. On a claim by the lessee for damages By Messrs. GADSDEX, Ellis, and Co.,
caused by the depredations of the game, Held Commissioners could administer oaths in the City: - Nos. 18 and 19, Ironmonger-lane, freehold-sold for (reversing the decision of the Master of the country, and vice versa. AN OLD PRACTITIONER.
Middleser: Hanworth.--An enclosure, containing 14a. 2r. Rolls), that the verbal promise constituted
80.- sold for £1390. (You take an incorrect view of the matter.
a good collateral agreement, and was binding A Cottage and plot of land--rold for £170. Members of the Profession already holding com. A house, with shop and garden-sold for £910.
upon the lessor, and that the lessee was en. Ealing.-No. 13, Castle-hill-mews, freehold-sold for £200. titled to be paid the amount of the damages missions will be enabled to exercise them in reference to all business in the Supreme Court and
Wednesday, Nov. 5.
sustained by breach of it out of the lessor's Court of Appeal, but where the commission defines
By Messrs. Edwix Fox, and BOUSFIELD, at the Mart. estate : (Erskine v. Adeane, 29 L. T. Rep. N. S. the limits within which it can be exercised, the
City of London.-No. 29, Budge-row, term 77 years-sola | 234. L. JJ.)
LIGHT AND AIR – EASEMENT
GRANT BY terms of the commission in this respect will still
GENERAL WORDS-LESSOR AND LESSEE-SUB. hold good.-Ed. Sols'. Deptmt.]
REAL PROPERTY AND
SEQUENT ACQUISITION OF ADJOINING HOUSE.
General words in a grant must be restricted to UNCLAIMED STOCK AND DIVIDENDS IN THE
what the grantor had power to grant at the date BANK OF ENGLAND.
of the grant. In 1864 A. granted to B. a lease for [Transferred to the Commissioners for the Reduction of the
NOTES OF NEW DECISIONS. National Debt, and which will be paid to the persons
twenty-oue years of a house “together with all respectively whose names are prefixed to each in three LIFE INTEREST OF A MARRIED WOMAN IN edifices
easements, ad, months, unless other clainants sooner appear.)
HER SEPARATE ESTATE-POWER OF APPOINT. vantages, and appartenances thereto belonging, DAWSON (Maria), 33, Bedford-square, widow ALCOCK (Harry), Wilton Castle, Wexford, Ireland, Esq., and
MENT.-A settlement on a marriage under which or therewith held, used, or enjoyed. At the date DEVEBEUX (John Daly), Ballyrank's House, Wexford, property is settled to the wife for life, with re- of the lease A. held, for the residue of & term Esq. 222 163. ed. Reduced Three Per Cent. Annuities. mainder as she should, notwithstanding her expiring at Christmas 1868, an adjoining house, Claimants, said Mario Dawson, widow, Harry Alcock, coverture, by deed or will appoint, with remainder over which most of the light came to the back Daly Devereux,
to her executors and administrators without re. windows of the house leased to B. On the expira. CREDITORS UNDER 22 & 23 VICT. C. 35.
straint on anticipation : held, to vest in equity the tion of his lease A. purchased the fee simple of the Last Day of Claim, and to whom Particulars to be sent.
entire corpus in the wife for all purposes as fully adjoining house, and in 1872 he pulled down that BARNES (Jane), 9, Linden Grove, Peckham, Surrey, widow.
as a similar gift to a man would vest it in him. house with the intention of rebuilding it to a Dec. 31; W. Edwin, solicitor, 56, Blackman-street, The judgment of Turner, L.J., in Johnson v. greater height than its former height. B., whose BARXES (John H.), Bushery Grange, Watford, Herts, and
Gallagher (3 De G. F. & J. 513; 4L.T. Rep. N. S. lights were not ancient lights, filed a bill to the Stock Exchange, London, Esq. Dec. 31; Clayton and 77) followed and approved. Shattock v. Shattock restrain A. from raising the new house to a greater Sons, solicitors, 10, Lancaster-place, Strand, Middlesex. (L. Rep. 2 Eq. 182; 14 L. T. Rep. N. S. 452)' height than the old house. Held, that the lease
to B. only amounted to a grant of the light coming Mr. Wells addressed the court, contending that for Mortimer at six o'clock. He got into the train over the adjoining house during A.'s term in it, the matter complained of had been done under the at Weymouth at 12.30. It was stopped at Trow. and that on subsequently acquiring the fee simple rules and regulations for the government of the bridge for some time, for some unaccountable of the adjoining house A. was not estopped either Ancient Order of Forestry, which provided for the reason, and again at Didcot, where he was trans. at law or in equity from dealing with the house in settlement of all disputes arising among the ferred to another train, and placed in a siding, such a way as to interfere with B.'s lights. Bill members. The high court was the governing and off went the train in which he had taken his accordingly dismissed with costs. Decision of body in the order ; and when an application was ticket. He was told he would catch the Mortimer Malins, V.C., reversed : (Booth v. Alcock, 29 L. T. made for the opening of a new court, it granted a train. He reached Reading at 5.57, and the train Rip. N. S. 231. Ch.)
dispensation for that purpose. The court had the was stopped outside the station by the signal power to make its own laws; but before it could for five minutes. He saw the Mortimer train at the
be affiliated to the district the laws had to be cer. Lower Station, and told the guard it would go. COUNTY COURTS
tified by the Registrar of Friendly Societies. The The guard said "No." When he got into the
district had no power over the funds of any court station he told a porter and an inspector he NORWICH COUNTY COURT.
belonging to it, save the funeral money, which in wanted to catch the Mortimer train, but when he
this case had been refused owing to the execu. reached the lower platform the train started, and Friday, Oct. 3.
tive committee having suspended the Robin Hood he was left behind. He asked the inspector why (Before W. H. COOKE, Esq., Q.C., Judge.)
for a violation of the laws. His Honour's prede. he did not stop the train, and he said he was not KENNEY AND CTHERS v. WELLS.
cessor and the judge of another County Court looking. There was no train to Mortimer for an
elsewhere had decided that the laws of the Forest. hour and a quarter. He had ordered his carriage Friendly society-Interference in litigation--Laws ers provided for the settlement
of whatever dis. to meet him at Mortimer, and his famiiy were of the society—Decree of Foresters' Court order. putes might arise in the order.
anxiously expecting him, as he had told them the ing a sale oj mortgaged property.
His HONOUR said that there could be no doubt weather was rough; he therefore took a carriage THE ipal business here to-day had relation that they had the power to settle any differences to Mortimer, for which he paid 10s., and he now to this case, probably one of the most remarkable arising between them as Foresters, but not as sued the company for that amount. He then read which has ever been brought before a court of British subjects. Here was a case in which money the following correspondence he had had with the justice, and possessing immense interest for those was lent on mortgage, which the lenders were Great Western Railway Company: belonging to friendly societies. obliged to have recourse to legal proceedings to
The Firs, Mortimer, Reading, Wilkin, of Lynn, appeared for the plaintiffs. get back. The Foresters could not issue a decree
29th Aug. 1873. The defendant had no legal representative. ordering a sale of the property. He (his Honour) “Sir,-I am sick, as everybody else is, of com.
Wilkin, in his opening, said that he had to would not like to say positively that Jackson had plaining of the Great Western Railway Com. bring under the attention of the court, a matter sworn that the deeds were burned, but that cer. pany. Yesterday I left Weymouth by the 12.30 ex. which affected the administration of justice, his tainly was the impression left upon his mind at press train, and by your time table I ought to have Honour's character-the time.
arrived at Reading by 5.35 p.m., my ticket being His HONOUR (facetiously interposing).-"Good Mr. Wells said it was one reason why Jackson for Reading. I had arranged for my carriage to meet gracious! I hope you are not going to frighten had been restored that the deeds were not burned, me at Mortimer at a quarter past six, intending, me!" (Laughter.)
and he (defendant) believed that they were in of course, to go on from Reading by the six p.m. Wilkin said he was not going to do that; but Downham at this mon ot.
train. We did not reach the signal post at Read. he was sure his Honour would say, after hearing His HONOUR remarked that that made the ing (having changed at Didcot from the express the facts which it would be his duty to lay be- matter all the worse, and Jackson might consider train into another) until four or five minutes fore him, that any thing more extraordinary he himself fortunate that he was not now undergoing before six. The signal stopped us from entering had never listened to, affecting as it did his powers penal servitude. The Foresters had no power to the station at Reading for five minutes, and the as a judge, and an atteinpted illegal interference take evidence upon oath ; yet here they seemed to Mortimer train was standing at the lower platwith the pewers of this court. The plaintiffs, have gone behind his (the judge's) back, and, form, so that it was perfectly well known that the James Kenney, William Coe, and Henry Hamond, hearing what Jackson had to say, preferred to train from Didcot had arrived. When we got are trustees of the Court Robin Hood (No. 1302) accept his version of what occurred, without into the station at two minutes past six I hurried of the Ancient Order of Foresters, at Downham; giving him (his Honour) an opportunity of defen. down to the Mortimer train, and saw it set off and the defendant, Willis Wells, is secretary to ding himself for giving a judgment after hearing before my eyes, and leave me behind. I spoke to the Ancient Order of Foresters Friendly Society, witnesses duly sworn. In the whole course of his the inspector, and asked him why he allowed it at Lyon, registered pursuant to the Act of Par. life he had never listened to anything so astonish. to go when passengers were on their way to it. liament, the former being a branch of the latter, ing on the part of the people who professed to be his answer was, 'Well, sir, I was not looking.' which, from its position, claimed a control over its in their right senses. The plaintiffs were clearly I was obliged to take a carriage to my house at funds. In Aug. 1869, the Court Hobin Hood entitled to a judgment treating the suspension as a Mortimer, for which I paid 10s. This sum, of advanced to one Robert Norton, of West Dereham, nullity, and
to an order requiring the defendant to course, I demand from the company, If it is not the sum of £400 upon mortgage of some copyhold pay the funeral money.
paid, I shall at once instruct my solicitor to com. property. At that time a man named Philip Jackson was one of the trustees of the Robin able to state from his own knowledge that botâ company, to recover the amount. The arrange
Mr. Wilkin said that he was happy at being mence an action in the County Court against the Hood and became the custodian of the deeds of Mr. Wells and the officers of the distriet he had
ments at the Reading station are simply disgrace. Norton's property. For reasons which amply in attendance with him were persons of the ful, and I wish you could hear what your own warranted it in taking that step, the Robin Hood highest respectability, and he was sure that they officers along the line say about them.--Your resolved upon calling in its money from Norton, really did not mean to do anything wrong.
W. FORSYTH, Q.C. but failing to obtain this without a resort to liti. His HONOUR said that he, too, was convinced
“You can send the 10s. by P.O.O. or stamps. gation, Jackson was asked to join his co-trustees of Mr. Wells' respectability; and in the circum. I had come from the Channel Islands, and my in the bill which it had been found necessary to stances he thought the best thing to be done, family were naturally made anxious by my non; file on the equity side of the court against Norton, instead in giving an immediate judgment, would appearance by the six p.m. train from Mortimer.” which he refused. In the notice which was served be adjourn the case for a couple of months, in the upon Jackson he was made to understand that in hope that a mutual arrangement would in the
The following reply was sent :
“ London, 1st Sept. 1873. the event of his neglecting or refusing to join with the co-trustees in the suit, he would be made meanwhile be arrived at. He would be glad to “W. Forsyth, Esq, Q.c., a defendant at his own risk as to costs-and see Mr. Wells on another occasion, although he The Firs, Mortimer, Reading.
“Sir, I beg to acknowledge receipt of your defendant he was made. At the hearing of the hoped pever again to see him in this matter.
letter of the 29th ult., in which you complain of suit, when asked to account for the non-production
(Laughter.) of the deeds, Jackson stated that his house had
Mr. Wilkin concurring in the course suggested, the train by which you travelled on Thursday last been burned, and gave his Honour to understand
an adjournment till the December sitting was missing the connection at Reading for Mortimer,
ordered. that the deeds were burned with it; but, at all events
and I have to express my regret for the incon.
venience to which you were put in consequence. the decree prayed for was granted, and the mort. gaged property ordered to be sold, there being due
READING COUNTY COURT.
I will at once have inquiries made into your comfor debt and interest £473, the costs amounting to
Wednesday Oct. 22.
plaint and by an early post communicate with you £63 123. 9d., making a total of £537 12s. 9d. The
again. —Yours obediently, sale realised but £436 1s. 2d., leaving a deficiency (Before H. J. STONOR, Esq., Judge.)
“J. GRIERSON, per A. BEASLEY." of £101 11s. 7d. Jackson having rendered himself
FORSYTH V. GREAT WESTERN RAILWAY Mr. Forsyth next sent the following letter : liable for the costs, a distress was issued for their
“The Firs, Mortimer, Reading. recovery; but as that had been done under the Railway company - Carriage of passengers
5th Sept. 1873. authority of a court of competent jurisdiction, it
“Sir,-You have had quite time enough to make seemed difficult to believe that Jackson, whose A railway company having by its time table stated the inquiry relative to my claim, and as I do not frequent appearance before his Honour would that a train would arrive at a particular time, intend to be trifled with, I beg to inform you that justify the impression that he was as well and that every attention would be paid to ensure
unless I hear from you satisfactorily by return of acquainted with the effect of an order duly made punctuality of the train, being late halt an
post I shall on Monday next instruct my solicitor by an English court of justice as most men, should
to commence an action against the G.W.R. Co.
“ W. FORSYTH." have tried to defeat it by an appeal to a body of Held, that a primi facie breach of contract had Yours obediently: individuals who, while indulging in high-sounding been committed.
“The Traffic Manager, G.W.R. Co.” titles, had no power to interfere with a process of Forsyth Q.C., conducted his own case, W. F. The reply to that letter was this :his Honour's court. Blandy, acting as bis solicitor; and Gledhill
G.W. Railway, Gen. Manager's Office, His HONOUR said that more outrageous viola- appeared for the defendants.
Paddington Station, 9th Sept. 1873. tion of the law of the land in an effort to defeat Forsyth said, in opening the case, that he
“Sir,- In the absenco of Mr. Grierson, who is the process of a legally-constituted English brought the action on public grounds, to en.
out of town for a day or two, I beg to acknowledge tribunal, or a piece of greater tyranny than had deavour to stop the system of unpunctuality the receipt of your letter of yesterday's date. It been attempted to be exercised by those whom the on the Great Western Railway, whereby it was
shall be laid before him on his return, and a reply defendant represented, he certainly had never utterly impossible to make an 'engagement with sent you as soon as possible. heard. It was he (his Honour) and not the plain. confidence and safety, and, being sworn, deposed
“Yours faithfully, A. BEASLEY. tiffs, who had ordered Jackson to pay the costs to the facts as follows: In the month of August “W. Forsyth, Esq., Q.C., The Firs, Mortimer." in the equity suit. If he had been wrong in that, he was travelling from the Channel Islands to Forsyth said he freely admitted that as a matter Jackson would, upon application, have had every Mortimer, where he resides. It happened to be of law, in case of anything beyond the control of facility for appealing against his decision to a rough weather at the time, and he had written to the company occurring to delay the train, they competent authority; but, instead of that, he his family and said he should be home on Thurs- were absolved from fulfilling their contract to went to a body of men who had absolutely no day, Aug. 23th, at six o'clock, if the weather convey passengers at a certain time. It was not power in the matter whatever. As he had said, he allowed. The wind was high and the sea rough at an absolute guarantee. He then quoted the case had never heard anything like it; but he would the time. The time bills showed that the train of Denton v. Great Northern Railway, in which, like to hear what answer the defendant had to left Weymouth at 12.30
p.m., and reached Read. I according to the printed time tables a passenger make to the complaint.
ing at 5,35, and there was a train to leave Reading train was to leave plaintiff's station in London at
five o'clock, to arrive at Peterborough at 7.20 the facts of the case I will hear it, but I have already was pleadable in bar to an action for the original same evening, and Hall at midnight. It turned given you my judgment on the law.
debt. out the train did not go as advertised. Lord No evidence was offered for the defendants. His HONOUR then said that it was necessary Campbell and Mr. Justice Wightman held that the publication of the time table was an under to appeal.
Judgment was given for the plaintiff with leave for the creditor to comply with the terms of the
resolution, and he considered that in this case it taking to convey the passenger. Mr. Forsyth was
had not been done. In the resolution it was then proceeding to read a newspaper report of a
specially stated that the composition should be case, in which Mr. Warwick Cole, the Birming.
payable at three months and six months from the ham County Court judge, had given judgment
date of the first meeting. The time for pay, against the London and North-Western Railway WESTMINSTER COUNTY COURT. ment of the second instalment did not expire till Company, when Gledhill objected, on the ground that news.
Thursday Oct. 23.
midnight of the 7th June last, and therefore the
demand made on that day was premature, not paper reports were not taken as evidence by (Before FRANCIS BAYLEY, Esq., Judge.) being in accordance with the resolution. judges. He apprehended that they required a PEARSE AND ANOTHER V. COOPER.
Plaintif was therefore nonsuited. proper law report. His Honour observed that newspaper reports Composition under Bankruptcy Act 1869— Action
for original debt-Must be default in paymentwere sometimes better. [The objection was with.
LEGAL NEWS. drawn.]
If by the terms of an extraordinary resolution a Forsyth then gave a brief outline of the composition is to be accepted, payable on de. We are sorry to notice that the practice in Dub. case against the London and North Western
mand, at a certain place, and within a certain lin of solicitors advertising the removal of their Railway Company. That company failed to con
time, such demand must be made accordingly. A offices seems to be on the increase, vey a person to Holyhead as advertised in their demand made before the time mentioned in the
The funeral of the late Lord Chief Justice time bills. The train started from Birmingham
resolution is insujicient. If debtor makes default, Bovill took place on Thursday at Kingston and ought to have met the Belfast mail train at
creditor may sue for original debt. Stafford, but the train was three quarters of an This was an action brought by Frederick Pearse
Cemetery. hour late, and lost it.
At the Surrey Sessions on Monday the chairman, The company relied and Ashton Lever, trading as Pearse, Lever, in his chargo to the grand jury, mentioned the upon their notice on the time bills that every and Co., of 75, Fleet:street, advertisement agents, sudden death of Mr. Dalby, who had been for attention would be made to ensure punc.
against Henry Edwin Cooper, of Bethnal.green many years a magistrate for the county: tuality. Judgment was given against the com- road, sewing machine maker, to recover the sum
The office of Examiner of the Court of Chanpany. The next case quoted by Mr. Forsyth of £10 19s. 4d., balance of a debt due from the was Freeman v. The Great Western Railway Com- defendant to the plaintiffs, after deducting c. otter, has been offered by the Master of the pany, heard at Reading before his Honour, who 14s. 8d., being the first instalment of a com.
Rolls to, and accepted by, Mr. Anderson, Q.C. gave judgment for the plaintiff. Another case re. position paid by the debtor. ferred to was one at Epsom, in which his Honour
The action was entered on the 22nd September the Middlesex Sessions on Tuesday, from indis.
SIR W. H. BODKIN had to leave the bench at decided against the Brighton company for not last. taking three passengers to Epsom in consequence
The defendant had given notice that he intended position, and it is understood that he will not
sit in the court again this year. Mr. Serjeant Cox of the Derby races going on at the time, when the to rely on the ground of defence, that the plaintiffs” presided in the first, and Mr. Barrow
in the three persons were the only ordinary passengers claim was barred by an extraordinary resolution
second court. to Epsom, and the train an ordinary one, and of the defendant's creditors, under the 126th sec.
MR. HENRY JAMES, the new Solicitor-General, room in it. Mr. Forsyth defied the defendants to tion of the Bankruptcy Act 1869, duly registered ;
on Monday evening dined in the hall of the Middle produce a case in their favour. The company did and that he also relied on a tender of the compo- Temple for the first time since his accession to not become absolutely liable against all accidents. sition due thereunder. If the delay had been through an accident, such
8. R. Glyn, solicitor, appeared for the plaintiffs. society (Sir J. B. Karslake), read grace to the
office, and in the absence of the treasurer of the as the breaking of a tube or embankment, he
Davies, solicitor, for the defendant. should not have been there ; but when it arose Glyn submitted that, as it was for the defen. benchers and students assembled.
The Royal Commission on the legal departfrom neglect he brought the action in the interest dant to prove he had complied with the terms of ments, consisting of Lord Lisgar (the chairman), of the public.
the , . The time table was put in. Davies, accordingly, for the defendant, said that Baron Bramwell, Mr. H. West, M.P., Mr. G. 0.
Trevelyan, M.P., Mr. Law, and Mr. Rowsell, Cross-examined by Gledhill: I took a return he relied as his defence upon an extraordinary reticket from Reading to the Channel Islands. I solution passed by the statutory majority of de have commenced their sittings in committee room did not inquire if there was another train imme- fendant's creditors, at a meeting held on the 7th E in the House of Lord. The proceedings are diately. Dec. 1872, and which was in the following terms :
strictly private. His Honour (to Gledhill): Yon must show 1. That a composition of 25. 6d. in the pound of Common Pleas on Tuesday morning an order
ELECTION JUDGES.—At the sitting of the Court that there was a train immediately.
shall be accepted in satisfaction of the debts due Gledhill : There was a train in an hour and a to the creditors from the said Henry Edwin
was read appointing Mr. Justice Grove to be quarter, and he would have reached Mortimer Cooper. 2. That such composition be payable by placed on the rota for the trial of election petitions earlier by that than by the conveyance.
two equal instalments on demand, at 281, Bethnal. during the ensuing year. Baron Martin was also Forsytle : No.
green-road aforesaid, at or after the exp ration selected by the Court of Exchequer, and Mr. Justice Gledhill, for the defence, said the company of three months and six months respectively, Mellor by the Queen's Bench,
THE NEw Law COURTS.—The Royal Institute fought the action on principle. The cases which from the date of this meeting. He then called the Mr. Forsyth had quoted were entirely different to defendant, who deposed that he had paid the first of British Architects held their first ordinary the one then before his Honour; cases in which instalment due under the resolution, that no general meeting of the winter session on Monday there had been a ticket granted at one station to demand had ever been made by the plaintiffs for of Sir Gilbert Scott, in which the president
conanother at some distance, and the delay had the second instalment of the composition, and that arisen in one train having failed to catch another. he had tendered the amount of it before action gratulated the institution that the new Law In Hurst v. The Great Western Railway Company, brought. On cross-examination however the de- Courts were about to be commenced, and emphatiwhere a passenger who had taken a ticket from fence of tender entirely failed. A boy was called with the perfection of the edifice to save a paltry
cally condemned the disgraceful proposal to tamper Cardiff to Newcastle, had got into a train at to corroborate defendant's evidence, but on crossBristol, to catch a Midland train at Birmingham, examination it transpired that he could know percentage.
A PETITION was lodged in the Court of Combut from the train being half-an-hour late ho nothing of the matter in dispute. could not catch the Midland train, the Court of Glyn then called one of the plaintiffs, who mon Pleas on Tuesday morning, praying that the
return of Mr. Henry James (Solicitor-General) Common Pleas, before Erle, C.J. and Willes, J., stated that on the 7th June last he had sent a held there was no cause of action, clerk to No. 281, Bethpal.green-road, to demand should be declared null and void,
ground that he, both by himself, his agent or His Honour. But they did not put the time the second instalment of the composition, and a tables in evidence. There was no contract to letter was real in corroboration of the fact. The agents, and other persons in his behalf, were convey the passengers to a certain place at a clerk was then called, who swore to having made guilty of bribery,
treating, personation, and undue the demand at Bethnal.green-road aforesaid, and Belmont, a justice of the peace; and Mr. Walter
influence. certain time.
The petitioners are John Marshall, of Gledhill said that Mr. Justice Willes said in that defendant had said he had not the money, Chorley Brannan, of 10, Hammett-street, Taunhis judgment the question was whether the
but would pay it on the clerk's calling again. He ton, auctioneer.' The trial of the petition will, take the train from Cardiff in time for the plain. Coombe (27 LT. Rep. N. S. 315); Ex parte Hodge, of three weeks, before either Baron Martin or Mr. pany entered into such a contract to guarantee to then cited in support of his case Edwards, it is expected, come on for hearing in the course tiff to go on by the next train from Gloucester to
re Hatton (27 L. T. Rep. N. S. 397); Slater v. Justice Grove: Mr. Hardinge Giffard, Q.C., has Newcastle. That depended first upon the word. Jones, Capes v. Ball (27 Ĉ. T. Rep. N. S. 57). ing of the ticket, and secondly on the other facts.
His HONOUR said that there was no doubt if sitting member.
been retained with Mr. Serjeant Balantine for the As to the first, it stated that the defendants default had been made plaintiffs would recover; would convey from Cardiff to Newcastle, but but that, looking at the terms of the resolution, it News of to-day says :-The Attorney General has
SIR John COLERIDGE.—The Western Morning there was no statement that the train would arrive appeared to him a demand must be made at the not accepted the Lord Chief Justiceship, for it
place named in the resolution at or after the time has not yet been offered to him, nor is it likely His Honour.-Here the time table shows an when the composition became payable, and that in that it will be offered until after the funeral of express contract and a special agreement that this case it had just struck him the demand had the late Sir William Bovill ; but Sir John Cole. "every attention will be paid to insure punc. been made too soon. The resolution was passed ridge, before leaving Exeter for London, assured tuality,” and that is a guarantee, if a guarantee on the 7th Dec., the six months then, at which his private friends that it was his fixed determi. be necessary.
time the second instalment would become due, nation to accept the offer, if, in accordance with Gledhill.-It is for the plaintiff to show neglect. would not have expired till midnight on the 7th precedents, he should receive it.
His inclinaHis HONOUR.-He has shown a prima facie June last.
tions, he said, would lead him to a contrary
Glyn said that it was very doubtful whether course, but his medical attendants strongly adGledhill.-- This occurred at the busiest season in any case a demand was necessary, and read vise some diminution of the severe and incessant of the whole year at Reading, being the races. passages from the before-mentioned cases in toil of the past few years
which of late has told Mr. Justice Willes said (in the case he had support of his contention. He argued that as in perceptibly upon him. But
for Mr. Gladstone's quoted) that the only other circumstance is that the above cases it was ruled that it was the pay pressing request, Sir John Coleridge would have the train ought to have arrived at 4.35 p.m. ment of the composition, and not the mere agree. accepted the Mastership of the Rolls, but such a
His Honour.–But they did not put in the ment to pay it, which satisfied the debt; it was request is not likely under the circumstances to time bill.
not necessary to prove a demand of payment, it be repeated on the present occasion. Gledhill.-He says there is a doubt whether being sutficient that the composition had never THE RIGHTS OF MARRIED WOMEN.-At the there is a guarantee.
been paid. He also adverted to the fact that in Croydon County Court on Monday, Mr. H. J: His HONOUR. - In this case there is a guarantee. Slater v. Jones, and C'apes v. Ball (ubi sup.), Stonor delivered an important judgment, which
Gledhill.-Chief Justice Erle says the whole where no default had been made, it was with some decides several points as to the rights of mar; ase rests upon the ticket.
considerable doubt that the judges had arrived at ried women in respect to their earnings and His Honour.-If you have any evidence on the the decision, that a resolution for composition property. The claimant, Mrs. Laporte, claimed
under the Married Women's Property Act seeing that right was ever done. To some of us (Q. 6.) LOCAL AUTHORITY UNDER THE Gas Works 1870, for property in which her earnings, as a it was given to know him more intimately. Those CLAUSES Act 1871.-Terms used in this Act have the lodging house keeper, had been invested by her, of us who had been his associates at the Bar ever
same meanings respectively, as the same terms have
when used in the Gas Works Clauses Act 1817, and in and which had been seized in execution of judg: found in him an honourable opponent or a loyal the Gas and Water Works Facilities Act 1876 (s. 4). ments which had been obtained. Mr. Stonor held colleague; and full well we learnt to know that the interpretation of the term "local authority,” re. that the second section of the Act which relates his vigorous intellect and his great earnestness ferred to in sect. 35, means the bodies of persons named to “any money or property so acquired by a secured to every client who intrusted his interests in schedule A of the Gas and Water Works Facilities
Act 1870 (sect. 2 of that Act). "A. F. W.” will find the married woman through the exercise of any lite- to his hands the truest and sincerest advocacy
information he requires in that schedule. A. A. R. rary, artistic, or scientific skill,” not merely re- the English Bar could provide. Some there are, stricts the money or property in question to such my Lords, who knew him better yet, and those (Q. 7.) CONTRACT-DEBT--RUNNING ACCOUNT, &c.as may be acquired after the passing of the Act will mourn him most. Such of us as, may be, B. cannot divide his cause of action against A. for the (either separately from or jointly with her hus like your Lordships, enjoyed his private friend- purpose of bringing two actions in the County Court band), but that it is to be further restricted ship, learned how loving and gentle he was to
(sect. 63 of 9 & 10 Vict. c. 95; and sect. 18 of 13 & 14 Vict. c. 61).
A. A. R. to money acquired by her separately from her those who were of him-how generous in his husband. With regard to the furniture, he could friendship to his associates, how considerate to see no reason why it should not be included in the those who were dependent on him, and how open
LAW SOCIETIES, term " investment” in legal construction. As to and generous his hand to those who needed aid. the operation of the first section with regard to If it be true that to live in the hearts of those we METROPOLITAN AND PROVINCIAL LAW auch investment, he held that furniture was vested love is not to die, Sir William Bovill has not
ASSOCIATION. in her at law, and was not subject to her husband's passed away from among us. A generation must
SECOND DAY. debts. As regarded £20 which the claimant had go and come ere some of us will forget to mourn received from her sisters, and laid out in furni- him, and ere every one of those for whom I have
(Continued from page 10.) ture, the money not being earnings, or wages, it spoken, every member of the English Bar, ceases THE PROPERTY OF MARRIED WOMEN-PROSPECdid not fall within the Act, and judgment for that to mention his name with regard and respect. TIVE LEGISLATION WITH REFERENCE THERETO. amount would be in favour of the creditors, and
MR. C. E. Mathews read a paper upon this for the balance in favour of the claimant. Mr,
subject. He commenced by pointing out the Stonor called attention to the extremely careless NOTES AND QUERIES ON manner in which the laws in force in the year manner in which the Act was drawn, and also to
POINTS OF PRACTICE.
1870 were altered by the Act of that year. The the great hardship imposed upon creditors by the
Act of 1870 was a good Act, so far as it went, but Act. THE OPENING OF TERM.--THE COURT OF NOTICE.-We must remind our correspondents that this
it dealt partially and incompletely with a recogcoluinn is not open to questions involving points of law
nised social injustico. It made but small altera. CHANCERY, Nov. 3.-The Lord Chancellor, at- such as a solicitor should be consulted upon. Queries will tion in the legal relations of husband and wife; tended by Lord Justice Mellish, Sir George Jessel be excluded which go beyond our limits. N.B. --None are inserted unless the name and address of the
but it did some very good things, which the paper (the new Master of the Rolls), the Vice-Chancel.
writers are sent, not necessarily for publication, but as a
enumerated. It was generally admitted that the lors, Sir R. Malins and Sir James Bacon, entered
guarantee for bona fides.
Act was passed for the protection of the poorer his court at Westminster shortly before 2 o'clock.
classes, and as a matter of fact the whole rule of Before commencing the business of the day, his
settlement in connection with the marriage of lordship made the following observations, which were received with marked attention and sympathy gage of a freehold estate an interest in land, within the
8. INTEREST IN LAND.-Is an agreement for a mort.
persons in the middle and upper clases had not
been affected in any way. Speaking of the rights by the Bar, who remained standing, and the meaning of the 4th section of the Statute of Frauds ? of a husband over the property of his wife, sube numerous spectators with whom the court was Refer to cases.
S. A. ject to the alterations created by the Act of 1870, densely crowded :-It is impossible for us to meet
9. EJECTMENT.--Will twenty years' possession by a
Mr. Mathews quoted the words of the late Chan. here to day without a deep sense of the great cestui que trist, without the intervention of any trustee, cellor of the Exchequer, that a man without a losses which the Bench and the country have sus
give a sufficient legal title to maintain ejectmentshilling might marry a woman of great wealth, tained by the death of the two eminent judges so
Last surviving trustee died seventy or more years ago, and by studying the law of cruelty to perfection lately taken from us; and I feel sure I shall only and no appointment of new trustees has ever been made might, by course of conduct just within the law, be giving expression to the common feeling of all or executed.
S. B. drive his wife and children from him, seize their the members of the Bar who are here present, as
property, and reduce them to misery and destitu. well as to our own, if I attempt, however imper.
tion, while he fattened upon the spoils of the un. fectly, to say a few words to express our sense of
(Q.) 1. RELEASE OF DEBT BY WILL-LEGACY DUTY.- happy woman whom he had sworn to love and those losses. The late Vice-Chancellor Wickens, If but for the release the debt would have been recover. cherish. It was difficult to imagine any just whom we shonld have hoped to see present in this able at law, duty is payat le, otherwise not. S. ground for the retention of a law which would court to-day, was united to all of his colleagues Legacy duty is payable in respect of a debt which
seem to be as undecessary as it certainly was un. upon the bench, and to many of our brethren of is released by will, and for the law on this point of just. In the inevitable amendment of the law in the Bar, by the closest ties of personal affection, the Legacy Pruty Act, 36 Geo. 3, c. 52. A case in
this and other points, care would have to be taken while to some of us he was endeared by a friend. point will be discovered in 3 Y. & J. 114. E. W, P. in doing justice to the wife that injustice was not ship which dated from the days of early youth. The release by the will of the testator of a debt done to the husband. A woman of property He brought to the discharge of his high duties owing to him is in the nature of a donatio mortis causa, shonle have larger powers of disposition over her powers of mind, and cultivation, and accomplish and therefore liable to legacy duty under 8&9 Vict. freehold and copy hold estates, but at the same
c. 76 ments such as it falls to the lot of very few men to
- The "release" " forgiveness " of a debt due
time she should be made directly liable for the sup. possess, and to those qualities he added a temper from A. to the testator is a legacy" to A. within the port and maintenance of her household. A widow the most uniformly cordial and amiable, a judg. meaning of the Legacy Duty Acts, and duty is payable should have no right to dower, or to any interest ment the most sound, learning the most extensive, thereon : (Attorney-General v. Holbrook, 3 V. & J. 114).-- in her husband's property, until his creditors and all the qualities needed to make a very great
Τ. Ε. Η.
were paid. A husband, in cases of divorce, ought judge. The greatest expectations had justly been formed of him, and during the short time he was
(Q. 2.) PRACTICE IN THE COLONIES.-A clerk, even if
no longer to be liable for costs to enable admitted in England, cannot, as far as I remember,
a guilty wife to carry on a suit-at any rate, permitted to be upon the bench he has shown that
commence practice in any Antipodean colony (New unless the court was satisfied that she was other it it has pleased God he would have fulfilled all South Wales excepted), without passing an examina- wise unable to do so. Nor should any allowance those expectations. Of the other eminent judge tion there. Three months' notice of bis intention to for subsistence during a pending suit be allowed whom we have lost, those practising in this court pass such examination is required, and the subjects to a wife if the court was satisfied that she was
as have necessarily not seen so much, but all of us know how extensive was his learning, how great ney admitted in England has simply to make an appli manent subsistence ought to be granted if a
colonial law. In New South Wales (Sydney), an attor: able to maintain herself without it, and no per. his experience, and all of us, I think, must know tion to a judge at chambers for permission to practise, separation or divorce was the result of a wife's that there was no man of more indefatigable and put the usual notice in the Colonial Government misconduct. They must see that wives did not activity in the discharge of all his duties-no man Gazettee. It is not necessary to state anything to the obtain important and unjust rights as respected
These were the facts of a more kindly heart. I feel sure that in the Incorporated Law Society here. of the case in 1866, but they may be altered now.
their husband's property, in addition to the few words I have said I have expressed the feeling should, from practical experience, strongly recommend
exclusive guardianship of that which was their entertained by all members of the Bar as well as “Enquirer” to remain at home.
Τ. Ε. Η. own. With regard to the objection urged that by the whole Bench of Judges, and that such
women were untitted to have the disposal of their feelings will be shared in throughout the country.
(Q. 4.) AGENTS AND DEBT COLLECTORS.-The County
own property, Mr. Mathews said he ventured to THE LATE LORD CHIEF JUSTICE BOVILL.
Court judge is the proper person to stop the practice think that it was within the knowledge of all COURT OF COMMON PLEAS, Nov. 3.--On coming of debt collectors appearing as advocates iu bis court. lawyers that a woman properly trusted with funds into court, Mr. Justice Keating, who was much The collector considers he has a right to appear before knew quite as well how to administer them as men affected, caid : In view of the melancholy event
the court by sect. 91 of 9 & 10 Vict. c. 95, and sect. 10 of did. He was certain that in many households the which has deprived the court of its chief, had we
15 & 16 Vict. c. 56, as long as the judge allows him to do annual provision which was ensured to wives by consulted our own feelings we should have been so, and he is not liable for violating the Attorneys' Act, their marriage settlements caused them to be
because sect. 33 of 23 & 2. Vict. c. 127, exonerates him disposed to adjourn the business. But so per. so long as he has the leave of the judge. County treated with additional consideration and respect. suaded are we that such a course would be Court rule 115, makes the provisions of sect. 10 (ante) A discussion then took place, in which Mr. opposed to his wishes and feelings, who would applicable to all matters which may come before the England spoke against legislating for exceptional not have desired the public interest to be post. court. " Burton-on-Trent" and his professional friends should apply to the judge for a general order disallow.
cases in such a manner as to destroy the mutual poned to any other consideration, we have aban. ing “ agents" or "debt collectory”
feelings of unity which ought to exist between doned that intention. The court has sustained a
appearing before him or practising in the court.
A. A. R.
husband and wife. most severe and serious loss-one to be deeply
Mr. W. S. Allen (Birmingham) said there could and acutely felt by every member of it. A most accomplished lawyer and distinguished judge has power of sale takes the case out of the Succession Duty left untouched the question so far as it affected
scarcely be a difference of opinion as to the great
(Q. 5.) SUCCESSION Duty Act. -- The exercise of the scandal dealt with in the paper. The Act of 1870 passed away ; no man ever sat on this or any
) other bench of justice more ardently desirous of any duty by reason of the death of the annuitant. the working classes; and there was something faithfully discharging his duties. The Solicitor. Daty, however, became payable under sect. 29 upon grievously defective in the law when a wife was General (Mr. Henry James, Q.C.) said : In the
the purchase-money, and has probably long since been left to bear the chief share of the consequences of absence of my learned friend the Attorney
her husband's misconduct, even when that mis. General, I have been requested by my brethren of an annuity (sects. 3, 5, and 20 of 16 & 17 Vict. c. 51,
conduct had brought him within the reach of the of the Bar to express to your Lordships the deep and see page 85 of Hudson on Legacy and Succession criminal law. and sincere regret with which we have learnt the Duties). The interest of the successor will be con. Mr. Ellett (Cirencester) thought an amendment death of Sir William Bovill. My Lords, we all sidered to be the value of the annuity to him, such might be made by extending the jurisdiction of knew him as Chief Justice of this court, and in annnity to be valued according to the tables mentioned magistrates to cases
which did not strictly come the Act sects. 21 recognised a judge singularly earnest thereon must be borne by the present owner as the
within the definition of desertion. in his determination to do justice to every suitor successor, and the only person beneticially interested
The Chairman referred to the hardship of re. who came before him, and one who conspicuously in the succession : (sects. 2, 3, 5, 15, 42, and 41, same quiring a respectab'e woman, who had been fulfilled the first duty of an English judge in Act.)
A. A. R. deserted, to go before a board of guardians before
A. A. R.