« EelmineJätka »
were Messrs. H. Brothers, A. Ellis, and William Simpson.
It was suggested that the next annual festival should be held at the King's Hall, and the following members were ointed stewards, viz., Messrs. Boustred, Champion, Wybroo, Fidgen, Peirson, Fisk, Mason, Gough, Hall, and Wildey. Mr. Henry Spray was again elected treasurer. The customary votes of thanks closed the meeting.
or hydrophobia. He is smothered in his own house by bolsters, which are applied by a brother clergyman, on the authority of a warrant signed by two justices of the peace. This is supposed to have taken place about the year 1790. I should be glad to learn whether such a mode of dealing with rabid patients was ever authorised by law. It is a common belief, I find, with many people, that persons suffering from rabies are still secretly disposed of in this way. Another common belief, for which I can find no sufficient ground, is that it is illegal for a man to appear in the streets or in any public place in female attire, but I am unable to find any law which prohibits this. Formerly sumptuary laws regulating the mode of attire were rigorously enforced, but these were repealed in the reign of James I. In your article you refer to “ the widow of a duke, who is accordingly a peeress in her own right.” Is not this erroneous ? As the widow of a de. deased peer, she would only be a peeress by marriage, and would lose all privi. leges of trial by the peers, in case of a subsequent marriage with a
This would be otherwise with a woman who has been createda peeress in her own right, or to whom a peerage descends by special remainder admitting females to the succession.
A COUNTRY SOLICITOR.
CORRESPONDENCE. This department being open to free discussion on all Professional topics, the Editor
does not hold himself responsible for any opinions or statements contained in it
INNS OF COURT.-The appended passage from a letter of Lord Westbury, written just fifty years ago to Lord Langdale, the then Master of the Rolls, will be read with interest alike by those who are desirous of promoting amongst the Benchers a greater sense of responsibility towards the profession of the Bar, and by those who are acquainted with the revival at Gray's-inn of the moot system :-"
-“ The rules of the several societies, by the observance of which they must be considered, both legally and morally, as holding their privileges and their possessions, prescribe to the Benchers the duty of seeing that the students do well and diligently perform the 'moots' or exercises, and attend the 'readings, which were admirably adapted to imbue young men with sound knowledge of law, and to train them in legal dialectics and habits of ready application of their knowledge, which were excellent preparatives for the active duties of their profession. These habits fell into disuse during an age which is to be remarked for its low tone of feeling as to the discharge of public, duties, and I am sorry to say that even in the present times we have not hitherto shown a great degree of conscientiousness. Recent circumstances render it the more necessary, and indeed prudent, that we should give our attention to the subject, and if possible redeem the time, for one society has just expended £100,000 in superb buildings, and by two others the sum of £60,000 has been lavished on the decorations of a church, whilst by neither society is one shilling applied to the legal education or the moral encouragement of its students, and will not this glaring anomaly force the most ordinary observer to conclude that our duties are not fully or honestly discharged ? "
CONVEYANCING IN CORNWALL.-I should like to bring to your notice a practice which I have recently experienced in connection with the purchase of a house in the county of Cornwall. It appears to be the rule for the vendor's solicitor to insert in the contract a provision that the draft conveyance is to be prepared by him, and that the purchaser is to pay him for so doing the full scale charge allowed by the Solicitors' Remuneration Act for investigating the title, preparing the conveyance, and completing the matter. I think you will agree with me that this is a most improper course.
LAW STUDENTS' JOURNAL.
INCORPORATED LAW SOCIETY.--I enclose press copy of letter which I have posted to the Law Society, May I ask you to give it a place in your next impression ?-Your obedient servant,
HENRY H. FIELD. Town Hall, Fenny Stratford, 29th Dec. 1896.
29th Dec. 1896. Sir.—After the correspondence which had passed between us I was greatly surprised to receive your circular letter that you were desired again to remind me that my subscriptions for the year 1896 is unpaid and requesting me to remit the amount £1 ls. so that my name might not appear in the list of ontstanding subscriptions to be laid before the council at the end of the year. May I remind you again of the facts. (1) In the month of December last, that is to say, before this year in question had actually commenced, in response to your usual annual reminder I paid the subscription, and that I hold your receipt for it. (2) That after some two or three months of the year had expired—I forget the exact date-I received another reminder from you with reference to the same subscription and that I returned this second circular letter to you with a memorandum indorsed of the payment of the subscription and giving you the number of your receipt. (3) To this reply of mine you wrote me that it was a shilling farther which was wanted and not a guinea which you had applied for, and that the extra trifle was owing to a rise in the subscription. And then (4) by way of climax you write me in November that unless I pay not a shilling but a guinea, I am to be gibbeted as a defaulter, as more particularly above stated. Now the facts which I have stated amount to this on your own showing : that the society blundered in applying for the sub. scription for 1896 at the old figure : that the society blundered again in giving a receipt for the subscription at the old rate ; that the society blundered a third time in making application for the subscription a month after it had beən paid ; and that the society blundered a fourth time, and that most egregiously, in still again making application for payment of the subscription and threatening to gibbet the member moreover as a defaulter if he did not pay it. Although it was rather late in the day after the year had commenced and months after I had paid the subscription to tell me that the amount had been raised I may add that it was my intention to rectify in my next remittance the blunder which the society had made, but that considering the tone of your last letter it is not my intention to renew my subscription. As there may be many other innocent members of the society who have been treated as I have been treated, I may as well mention that I intend sending a copy of this letter to the Law TIMES.-I am, Sir, your obedient servant,
HENRY H. Field.
HILARY BAR EXAMINATION INTERMEDIATE
SUBJECTS. The general aspect of the Bar examination was not affected by the intermediate subjects, for, like the rest of the papers, Constitutional and Roman Law were easy. In the former the first two questions can be answered from Dicey. In Question 3 from Calvin's case to the Stepney Election Petition is a pretty good jamp in time, but most candidates would be fairly familiar with the Scotch post-nati and Hanoverians of later notoriety. Question 4 seems very wide—“What persons are excluded on the grounds of any personal incapacity from the exercise and enjoyment of any public office and rights ? ”—but we presume a few general headings would do. The two questions on Legal History were on the “ beginnings ” of the three Courts of Common Law, and on indictments; the first is a good old hackneyed qnestion, but the latter has some freshness about it. The rest of the paper was historical, and we notice the immortal Bate co-ordinated as usual with tonnage and poundage. Perhaps the increased influence of the Church is responsible for the question on bishops. As regards Roman Law, a good knowledge of Book I., supplemented by the first few titles of Book II. of Justinian's Institutes, would pass a candidate, and it is hard to imagine an average man stumbling over such questions as “ Give a short account of the Dos," and " Enumerate the several kinds of things to which the phrase · res nullius 'was applied.” The law of contract comes in for a nice question on (1) sale and (2) exchange of a diseased slave, and another on the use of writing among the Romans in contracting. We should say that Question 9 covers far too much of the law of wills to be grouped in one question, as it practically involves the substance of several titles of that part of the Institutes which is admittedly the most difficult.
THE HONOURS EXAMINATION. THE Honours paper presents no peculiar difficulty, and the New Year's roll ought to be pretty full. Question 4 on who should be the parties to a conveyance and the requisitions on title necessary on a short abstract, was about the most practical. The other questions take the usual form ; as, Explain “ the doctrine of consolidation of mortgages,” Explain certain formidable-looking terms, such as “interesse termini,” contingency with a double aspect,' “scintilla juris.” Such phrases look very appalling to the laity, but law students soon discover that there is not much in them. There was a nice question on the cy-près principle; and, on the operation of certain methods of conveyance, students were required to draw the skeleton of a marriage settlement — husband and wife each settling various kinds of property. Examiners are very fond of the word “ doctrine," but this is the first time wo have noticed “Comment on the doctrine of the inclination of courts of equity ;” still the subject matter is easy enough, although the question is couched in peculiar phraseology. The first paper in Law and Equity opened with some nice questions on the law of tort; e.g. on the doctrine of Volenti non fit injuria as applied to employers' liability, and such cases as Smith v. c. Baker and Co. would be found serviceable. The rest of the questions were chiefly on contracts. It is somewhat difficult to appreciate the difference of knowledge required for “ pass” and “honours "purposes when similar questions occur at each examination, notably on the liability of a “transferor by delivery.” Among cases which have occurred in comparatively recent years, we notice Re the affairs of Prince of Soltykoff, Meyer and Co. v. Detroix, and the series of decisions on sales of furniture by possessors who have obtained them under the hire-and-purchase system,
WRITERS OF FICTION.-In your issue of the 19th Dec. you refer to the ignorance so commonly displayed by writers of fiction in dealing with legal questions. That this is so is beyond dispute, and it is somewhat curious that writers who in other respects spare no pains to arrive at accuracy are so extremely slipshod in their legal knowledge. The instance you give is, however, perhaps excusable in a lay writer, more especially as peers are not infrequently tried for misdemeanours and minor offences by the ordinary tribunals of the country. On recently reading the “ Maid of Sker" by Blackmore I came across the following :-A clergyman, who is also a justice of the peace, is bitten by a dog, and is attacked by rabies
Ashbury Railway Carriage and Iron Company Limited v. Riche, L. Rep. 7 H. L. 653 ; Royal British Bank v. Turquand, 6 E. & B. 437; Trevor v. Whitworth, 12 App. Cas. 409.
The lectures will be open to all members of the Inns of Court free, and to gentlemen non-members on payment of a fee of one guinea for the course. Tickets for non-members to be obtained at the office of the council, Lincoln's-inn hall, W.C.
As regards Equity, most students would prefer the Honours paper to that given at the “pass.” The wording of some of the questions continues to savour of metaphorical, if not poetical, language. What can be the sense of framing a question in the following words,
What is the meaning, when applied to competing equitable claims, of the phrase "tabula in naufragio'? Give examples of the success or otherwise of the tabula in saving a claimant.” We wonder if any student asked if the plank could save a defendant. The chief topics touched upon were constructive notice, the position of a vendor of a house after signing contract with the facts in Castellan v. Preston, fraud, partnership, and successive periods for redemption in a foreclosure suit. Without going into details, the paper on Evidence, Procedure, and Criminal Law appears very satisfactory, the questions on criminal law and evidence being well chosen. In civil procedure, the questions were on interrogatories, pleadings, the effect of a plea in abatement, and candidates were required to draft a defence to an ejectment action. The paper in Roman Law, Jurisprudence, &c., is comparatively of slight importance to anybody, except to candidates. It is sufficient to observe that, out of ten questions as many as seven were on Roman law, while jurisprudence is only represented by a bare trace. One question on public and another private international law disposed of these heavy subjects. Any candidate ambitious of obtaining “honours who happens to be pressed for time would do well to centre his attention on Roman law. The first paper in Constitutional Law contained some questions which were decidedly easier than those given at the 'pass,' others go over the same ground. For instance, Question 1, “How far bas the English Constitution served as a model to the United States and France," practically requires the same knowledge as Question 1 of the “pass " paper, “ Compare the Constitution of England (a) with that of the United States, (b) with that of any continental state”; also the position of bishops seems to again fascinate the examiner. The only question observable on Legal History is on the origin of the doctrine of consideration in the law of contract. The usual text-books, such as Dicey, Stubbs, and Fielden, would go very far to master the questions.
COUNCIL OF LEGAL EDUCATION.-HILARY TERM
1897. SYLLABUS OF A COURSE OF Six LECTURES TO
FRANCIS BEAUFORT PALMER, Esq. ON “ COMPANY Law.” THE lectures will be delivered in the lecture room, under the Inner Temple Library. Entrance in King's Bench Walk. The first lecture will be delivered on Thursday, the 14th Jan., at 7.30 p.m., and the lectures will be continued at the same hour on subsequent Thursdays.
SYLLABUS.— The principal kinds of companies ; chartered : unincorporated; constituted by special Act; registered under the General Act.Success of Companies Act 1862—the different kinds of companies under that Act : limited and unlimited; public and private.-Mode of formation and registration.-Omission of word “limited ” under sect. 23 of Act of 1867.--Certificate of incorporation ; conclusive character of.-Nature of a company as a body corporate.-Its existence as a separate person distinct from its members.--Company contrasted with partnership.—The limited powers of a company under the Act.—What is intra vires and what ultra vires.--Liability of company for the acts and defaults of its agents as regards negligences, trespass, fraud, &c.-Duties of a company under the Act.-The Articles of Association or regulations of a company. -How framed and how altered.--Their subordination to the memorandum and to the Acts.—Their binding effect.— Table A.-Ordinary provisions of articles.—Their operation and working and in particular as to: Preliminary agreements : Allotment of shares : Membership.-Their liability, sect. 25 of Act of 1867.—Register of members.-Certificates ; calls.-Forfeiture and lien.--Transfer and transmission.-Increase and reduction of capital. -Borrowing.—Directors.—Their position as agents.
How far trustees.-Appointment of first.--Appointment of additional. Filling up vacancies.--Qualification.-Disqualification.--Remuneration, Rotation. Removal. Accountability for bribes and commission. Powers and discretions.--Committees.-General meetings of members. Notice of. —- Who may call. Quoram.--Chairman.-Votes.-Show of bands. — Proxies. — Polls. — Discretion of chairman. - Amendments. Adjournments. Common seal. - Minutes. - - Dividends. Accounts. Audits. -Notices.--Promoters. Their fiduciary position and liabilities. Their obligations and duties.—Their accountability for secret profite.--Prospectuses ; Nature of.- The obligations of those who issue.- Good faith required.--Misrepresentation.--The danger and result of. - The remedies of those who are induced by misrepresentation to subscribe. Sect. 38 of the Companies Act 1867.-The Directors' Liability Act 1890. -Debentures and debentare stock.-Their nature : the power to issue.--Their transferability. Registered debentures.—Debentures to bearer. Their negotiability.—The security for debentures and debenture stock, how constituted.-The nature of a floating charge.- Trust deeds.—Charge on uncalled capital.-Issuing at a discount.--Majority clauses.-Remedies of holders.—The winding-up of companies. — The different modes. Compulsory ; voluntary; under supervision.-How winding-up brought about.-Proceedings in.-Liquidators.-Calls.-Realising assets.- Proof of claims by creditors.—Distribution of assets.--Dissolution.-Reconstruction.-Amalgamation.
The following are some statutes and leading cases to be referred to :The Companies Acts 1862 to 1890 ; Re Bahia and San Francisco Railway Company, L. Rep. 3 Q. B. 584; Burkinshaw v. Nicolls, 3 App. Cas. 1004 ; Foss v. Harbottle, 2 Ha. 461; Goodwin v. Robarts, 1 App. Cas. 476 ; Oakes v. Turquand, L. Rep. 2 H. L. 325 ; Re Panama, New Zealand, and Australian Royal Mail Company, 5 Ch. 318; Peel's case, 2 Ch. 674;
COUNCIL OF LEGAL EDUCATION. PROSPECTUS LECTURES AND CLASSES DURING HILARY
EDUCATIONAL TERM 1897. CONSTITUTIONAL LAW (ENGLISH AND COLONIAL) AND LEGAL HISTORY,
Reader, J. P. WALLIS, Esq. DURING Hilary Term the Reader proposes to deliver lectures and hold classes on the following subjects :
Legal History. 1. The sources of English law - Anglo-Saxon law - Norman lawRoman and Canon law. 2. Anglo-Saxon law-The local courts—The king's writ-Growth of the curia regis-Evolution of the courts of common law—Their respective jurisdictions. 3. Early civil procedure Real actions - Contract - Tort-Trial by jury-Nisi Prius. 4. Early criminal law and procedure—The justices of assize. 5. The King in Council and in Parliament—Early bistory of equity-Jurisdictions of the House of Lords and Privy Council. 6. The progress of the laws of England. 7. The existing distribution of judicial powers. If time permits, the Reader will also deliver lectures and hold classes on
Constitutional Law. 1. The province of constitutional law—The law and custom of the Constitution-Written and unwritten, flexible and rigid constitutions. 2. The sovereignty of Parliament.
In his classes the Reader will also deal with the early history of the Constitution. The first lecture will be delivered on Thursday, the 14th Jan., at three o'clock, and the lectures will be continued at the same hour on subsequent Thursdays. The first class will be held on Friday, the 15th Jan., at three o'clock, and the subsequent classes on Tuesdays at three o'clock, Thursdays at eleven o'clock, and Fridays at three o'clock. ROMAN LAW AND JURISPRUDENCE AND INTERNATIONAL LAW
PUBLIC AND PRIVATE. Reader, W. A. HUNTER, Esq. Assistant Reader, S. H. LEONARD, Esq.
During Hilary Term the Reader proposes to deliver lectures and hold classes as follows :
Senior Lectures. 1. The history of the family as a legal institution-Marriage-Married women's property-The status of children. 2. The history of property -- Things capable of ownership — Forms of ownership Conveyances, mortgages, &c. 3. The history of contracts. 4. The history of inherit. ance, wills, and legacies.
In the senior class the Reader will discuss the history of the Roman law and constitution, Roman law of possession, contract, and the law of sale. The Reader will refer to the works of Mr. Mackintosh and Mr. Moyle on the law of sale and Hunter's “ Roman Law.”
Junior Lectures. 1. Tutela. 2. Cura. 3. The Roman law of torts— Wrongs to persons (injuria). 4 and 5. Wrongs to property-Fortum, vi bonorum raptorum, damnum, injuria. 6. Quasi-delicts.
The Assistant Reader will, in his class, discuss in detail those portions of the Institutes of Justinian that bear : (1) On the law of wills, with special reference to the form of wills, the requisites of wills, legacies, trusts, and codicils ; (2) Obligationes ex contractu. The first senior lecture will be delivered on Wednesday, the 13th Jan., at ten o'clock, and the lectures will be continued at the same hour on subsequent Wednesdays. The first senior class will be held on Thursday, the 14th Jan., at twelve o'clock, and the subsequent senior classes at the same hour on Tuesdays and Thursdays. The first junior lecture will be delivered on Friday, the 15th Jan., at ten o'clock, and the lectures will be continued at the same hour on subsequent Fridays. The first junior class will be held on Monday, the 11th Jan., at ten o'clock, and the subsequent junior classes on Tuesdays and Saturdays at eleven o'clock, and Mondays at ten o'clock. THE LAW OF REAL AND PERSONAL PROPERTY AND CONVEYANCING.
Reader, A. UNDERHILL, Esq. Assistant Reader, JOHN GENT, Esq. During Hilary Term the Reader proposes to deliver lectures and hold classes on the following subjects :
Senior Lectures.- Vendors and Purchasers of Land. 1. The preparation of the draft contract-Conditions of sale---Common form conditions-Statutory implied conditions-Deposit. 2. The saleConcealment or disclosure of defects and incumbrances- _“ Puffers Reserve price. 3. The agreement-Necessity of writing and signature Statute of Frauds--Agreement by letters-Whether approved draft agreement is sufficient-Part performance of parol, or unsigned agree. ment. 4. Effect of the agreement on the rights of the parties—Wind. falls — Crops -- Fire - Vendor's lien-Interim rents--Death of either party. 5. The abstract of title-Form and preparation--Examination thereof with abstracted documents—Perusal by purchaser's advisersPoints to receive special attention. 6. The requisitions on the title
Form and preparation-Time for delivery-When time essentialNegotiations upon, and waiver of requisitions -- When possession of purchaser amounts to waiver-Summary jurisdiction under Vendor and Purchaser Act 1874. 7. Searches-Official searches—Usual searches-Local registries-Land Charges Act-Bankruptcy. 8. The Convey.
Preparation Parties' recitals Operative part Parcels Habendam-Statutory implied covenants-Acknowledgment for produc. tion and undertaking for safe custody of documents of title-Variations where property is of copyhold tenure. 9. Execution of conveyanceMarried women-Enrolment-Payment of purchase money-StampsRegistration in local registries.
In class, examples will be furnished of agreements, conditions of sale, abstract of title, requisitions and answers, and deeds of conveyance.
Junior Lectures. In the course of the year 1897 the Reader proposes to deliver lectures covering the elements of the law of real property, and so much of the elements of the law of personal property as relates to possession, alienation, and devo. lution thereof. During Hilary Term these lectures will be confined to the following subjects : 1. Ownership-Movables and immovables-Real estate and personal estate-Things corporeal and incorporeal-- Absolute and limited ownership---Legal and equitable ownership. 2. Tenure of land--Freeholds, copyholds, leaseholds—Law and custom. 3. Estates in land-Fee simple--Fee tail-Life estates. 4. Uses and the Statute of Uses. 5. Copyholds-Manors-Quia emptores—Customary freeholds. 6. Leasehold and other chattel interests--Tenants for time certain, at will, and on sufferance. 7. Hereditaments purely incorporeal-Seignories -Commons-Advowsons-Rents--Tithes-Easements-Titles of honour. 8. Interests in pure ersonalty-Goods and chattels-Possession-Choses in action.
The Assistant Reader will hold classes on practical conveyancing :1. Conveyance by an absolute owner : (a) to one purchaser ; (b) to several co-purchasers ; (c) to uses in settlement. 2. Recitals. 3. Conveyance by trustee and beneficial owner. 4. By husband and wife. 5. A lease. 6. Assignment of a lease. 7. Deed on conveyance of copyholds. 8. Con. veyance by mortgagee under power of sale. 9. Conveyance by tenant for life ander Settled Land Acts. 10. Restrictive covenants.
The Assistant Reader will also further explain, so far as may be required, the matter of the junior lectures. The first senior lecture will be delivered on Wednesday, the 13th Jan., at twelve o'clock, and the lectures will be continued at the same hour on subsequent Wednesdays. The first senior class will be held on Friday, the 15th Jan., at two o'clock, and the subsequent senior classes at the same hour on Tuesdays and Fridays. The first junior lecture will be delivered on Tuesday, the 12th Jan., at two o'clock, and the lectures will be continued at the same hour on subsequent Tuesdays. The first junior class will be held on Monday, the 11th Jan., at twelve o'clock, and the subsequent junior classes on Wednesdays at four o'clock, and Fridays and Mondays at twelve o'clock.
LAW AND EQUITY. Reader, EDMUND ROBERTSON, Esq., Q.C. Assistant Reader, J. A.
HAMILTON, Esq. During Hilary Term the Reader proposes to deliver lectures and hold classes on the following subjects :
Senior Lectures.—The Law of Principal and Agent. The relation of principal and agent-Comparison with other relations General and special agents-Classes of mercantile agents (brokers, factors, &c.)—Mercantile agents under Factors Act 1889–Del credere agent. Joint principals and joint agents-The contract of agency("Implied agency " of married women.) The appointment of an agent. Delegation of agent's authority-General rule and exceptional casesPrincipal and sub-agent. Ratification of unauthorised contracts -- What acts may be ratified-Who may ratify-Effect of ratification. Revocation of agent's authority-When authority irrevocable--Authority coupled with an interest - How revocation effected. Extent of the agent's authority. Rights and duties as between principal and third partiesUndisclosed principals. Rights and duties as between principal and agent --Ordinary duties of agents--Obligations arising out of fiduciary character of the relationship-Special obligations of agents— Del credere agency Agents' rights. Agents and third parties Liability of unauthorised agent.
Junior Lectures. 1. Capacity to contract : (a) Infants : (b) Married women ; (c) Persons of unsound mind; (d) Corporations. 2. Implied or quasi contracts.
The Assistant Reader will continue his classes on “ The Principles of the Contract of Carriage of Goods by Sea and Land." The first senior lecture will be delivered on Thursday, the 14th Jan., at two o'clock, and the lectures will be continued at the same hour on subsequent Thursdays. The first senior class will be held on Monday, the 18th Jan., at two o'clock, and the subsequent senior classes at the same hour on Wednesdays and Mondays. The first junior lecture will be delivered on Wednesday, the 13th Jan., at three o'clock, and the lectures will be continued at the same hour on subsequent Wednesdays. The first junior class will be held on Tuesday, the 12th Jan., at ten o'clock, and the subsequent junior classes on Thursdays at ten o'clock, Saturdays at eleven o'clock, and Tuesdays at ten o'clock. Reader, A. HOPKINSON, Esq., Q.C. Assistant Reader,
0. A. SAUNDERS, Esq. During Hilary Term the Reader proposes to deliver a course of lectures
“ Administration of Asse on Death":-1. and 2. The legal personal representative: his appointment-Probate-Letters of administrationLimited administrations : Rights and powers : (a) As to property and its alienation; (b) As to actions. Protection of ; Indemnity; Retainer ;
Judicial advice. Liabilities--Generally-Trading-Admission of assets. 3. Real estate. Original state of the law-Stages by which made liable for debts, 3 & 4 Will. 4, c. 104-Powers of executors as regards real estate, 22 & 23 Vict. c. 35—Elliot v. Merriman. 4. Debts : Order in which payable 32 & 33 Vict. c. 46; Secured and unsecured-Judicature Act 1875, sect. 10; Order in which estate applicable for debts ; Exoneration-Ancaster v. Mayer-Marshalling-Aldricia v. Cooper: Blended funds ; Charges-Locke King's Act; 30 & 31 Fict. c. 69 ; 40 & 41 Vict. c. 34. 5 and 6. Legacies and annuities : SpecificDemonstrative - General -- Ashburner v. Marguire; Lapse ; Interest; Funds out of which payable--When charged on realty ; Appropriation; Ademption and satisfaction-Ex parte Pye ; Charities---Mortmain and Charitable Uses Act 1891. 7. Conversion - Fletcher v. AshburnerAckroyd v. Smithson. 8. Distribution of intestates' estates. 9. Government duties—The Finance Acts 1894 and 1896. 10 and 11. Administration actions : Parties : Forms of judgment ; Proceedings under--Accounts (vouching, surcharging); Certificates; Further consideration Costs : Wilful default; Receivers. 12. Payment into court; Proceedings under Order LV. 13. Refunding and recouping. 14. Conflict of laws-Lex domicilii and Lex loci, when to be applied. The Assistant Reader will hold classes on " The Law of Trusts."
Trusts, Part 1.—The Trust. 1. The origin of trusts : Uses of land—The subpoena. 2. The nature of trusts : Privity of estate and of person-Notice of trust—The parties to and subject-matter of a trust. 3. The creation of trusts : (a) Inter vivos-Statute of Frauds, sects. 7 and 8; (b) Testamentary trusts— secret trusts, (i.) Objects undisclosed, (ii.) Intention undisclosed. 4. The validity of trusts: (A) Absence of consideration ; (B) Illegality: (a) Voluntary trusts based (i.) On declaration of trust, (ii.) On transfer-The avoidance of voluntary trusts (i.) By statute, (ii.) By rules of equity. (b) Unlawful trusts—(i.) Superstition-Immorality-Fraud ; (ii.) Perpetuity
- Repugnancy-Sundry ; (iii.) Statutory restrictions on trusts for accumulation. 5. Dispositions resembling trusts, but wanting some of the cbaracteristics of a trust: Trusts—(i.) For payment of creditors ; (ii.) For maintenance of children ; (iii.) Mixtures of trust and power : (iv.) Honorary trusts. 6. The classification of trusts : (i.) Trusts declared or created (Statute of Frauds, sect. 7)-(a) Express trusts, (b) Implied trusts -Dependent on actual intention directly or indirectly evidenced; (ii.) Trusts resulting or arising by construction of law (Statute of Frauds, sect. 8)–(c) Resulting trusts, absence of contrary intention, (d) Constructive trusts, independent of intention. 7. (a) Express or direct trusts : Certainty of intention, subject, and object-Executory trusts. 8. (b) Implied or indirect trusts : (i.) Inter vivos; (ii.) Testamentary-Precatory trusts. 9. (c) Resulting trusts : Arising on (i.) Imperfect disposi. tions, (ii.) Purchases, (iii.) Joint purchases. 10. (d) Constructive trusts : (i.) Fiduciary relation, (ii.) Intermeddling, (iii.) Miscellaneous.
NOTE.—The Assistant Reader proposes to continue and complete the above course as follows, viz. : Trusts Part II., “ The Trustee,” in Easter Term ; Trusts Part III., “ The Cestui que Trust,” in Trinity Term.
The first senior lecture will be delivered on Monday, the 11th Jan., at foor o'clock, and the lectures will be continued at the same hour on subsequent Fridays and Mondays. The first senior class will be beld on Friday, the 15th Jan., at ten o'clock, and the subsequent senior classes at the same hour on Mondays and Fridays. The first junior class will be held on Monday, the 11th Jan., at eleven o'clock, and the subsequent junior classes at the same hour on Wednesdays, Fridays, and Mondays. EVIDENCE, PROCEDURE. CIVIL AND CRIMINAL, AND CRIMINAL LAW.
Reader, A. HENRY, Esq. During Hilary Term the Reader proposes to deliver lectures and hold classes on the following subjects :— Evidence : The nature and history of the law of evidence; Best evidence; Relevant evidence; The rules relating to the competency and examination of witnesses. Procedure : civil procedure ; a summary of the history of procedure at common law and equity before the Judicature Acts; the changes made in procedure by the Judicature Acts and rules ; the proceedings in an action until judgment. Criminal procedure: A summary of the history of criminal procedure. Criminal law : Offences against the person ; offences against property.
The first lecture will be delivered on Thursday, the 14th Jan., at fonr o'clock, and the lectures will be continued at the same hour on subsequent Thursdays. The first class will be held on Saturday, the 16th Jan., at twelve o'clock, and the subsequent classes on Mondays at three o'clock, Tuesdays at four o'clock, and Saturdays at twelve o'clock.
NOTE.-The lectures are free to members of the Bar. Particulars as to fees payable by gentlemen, not being members of an Inn of Court, may be obtained upon application to the Clerk of the Council, Lincoln's-inn Hall, W.C.
MACNAGHTEN, Chairman of Council of Legal Education.
A. G. MARTEN, Chairman of Board of Studies. Council Chamber, Lincoln's-inn, Dec. 1896.
TEMPLE RESTAURANT.—This establishment, situate in Tudor-street, adjoining King's Bench Walk (four minutes from the High Courts of Justice), has been entirely rebuilt and enlarged. The Temple Restaurant is now replete with every convenience and comfort which experience and capital can command. Table d'Hôte daily, consisting of soups, entrées, joints, vegetables, &c., at 28. each. No charge for attendance. Dinners à la Carte quickly served. Choice wines, spirits, and malt liquors. Chops, steaks, tea, and coffee. The Legal Profession is respectfully informed that Breakfasts, Dinners, and Teas are supplied in chambers if desired. Menus and tariffs forwarded daily for selection apou application.-[Apvt.]
THE COURTS AND COURT PAPERS.
the state of the business Divisional at Nottingham should
require it, go there on
Mr. Justice Williams
Bankruptcy and Com-
Circuit Court (Nisi Prius intervening) South Wales Circuit
intervening) Midland Circuit
End Chambers North Wales Nisi Prius
STUDENTS' SOCIETIES. LAW STUDENTS' DERATING SOCIETY.—The usual weekly meeting of the above society was held at the Law Institution, Chancery-lane, on Tuesday, the 5th inst. ; chairman, Mr. Neville Tebbutt. The subject for debate was, “That the action of breach of promise of marriage should be abolished.” Mr. A. E. Clarke opened in the affirmative, and Mr. A. H. H. Richardson in the negative. The following members also spoke : Messrs. Blagden, Daniel, Melior, Smith, Boulton, Eastleigh, E. Allen, Anderson, Hamilton-Fox. The motion was carried by four votes.—The subject for debate at the next meeting of the society on Tuesday, the 12th inst., is " That the case of ‘Fricker v. Van Grutten' (75 L. T. Rep. 117; (1896) 2 Ch. 649) was wrongly decided.”
LIVERPOOL.—The annual meeting of the Liverpool Law Students' Association took place on the 4th inst., at the Law Library, Union-court. Mr. John Lawrence, the president, occupied the chair, and there was a fair attendance. The annual report stated that there were 440 members on the roll, as compared with 475 at the close of last year. Of this number 52 were barristers, 264 solicitors, 10 bar students, and 112 articled clerks. Thirty-three new members had been elected, against fifteen last year, and the number of articled clerks exceeded that hitherto attained, being 112 against 103 at the end of last year. During the year, thirteen members had passed the final examination, and four had obtained honours, viz., 2nd class, Messrs. J. R. Herron, B.A., LL.B, and Laurence Jones ; 3rd class, Messrs. R. P. Clayton, B.A., and F. J. Weld. The committee drew attention to the alterations in the rules whereby bond fide law students at University College are eligible for membership ander certain conditions. As yet only one had availed himself of this alteration. The library continued in a satisfactory condition, and the balance on hand showed an increase of £20. The President moved, and Mr. Hood seconded the adoption of the report. In supporting, Mr. A. F. Warr, M.P., said that the repprt was a satisfactory one. He was glad to see that they had decided to admit law students at University College, but was sorry that they were restricting the number of such students who could at any one time be members of the association. He begged them to reconsider that matter. They were all students of the same subject, and there was no room for rivalry between them. He noticed that the law students at University College had started another association. He hoped that the members of one association would be able to join the other, as he believed that it was by the union of the various bodies-University College, the Law Students' Associations, and the Law Society—that they would get the strength they wanted to bring about the establishment of that law school in Liverpool to which he looked forward. In the course of his remarks Mr. Warr read a letter from Mr. Alfred Tyrer, stating that he would be pleased to give a prize of £5 5s. during each of the next three years for such course as the committee might decide.—His Honour Judge Baylis, Q.C., also supported the motion, gave some practical advice to law students, and expressed pleasure in renewing his prize for proficiency in debate. The motion was afterwards adopted. On the motion of Mr. Todd, seconded by Mr. Archer, Mr. F. Gregory, president of the Incorporated Law Society of Liverpool, was elected president for the ensuing year. Mr. Gregory, upon taking the chair, delivered an address, in the course of which he dwelt upon the value of the debating facilities afforded by the association. He urged the students to be diligent, to make themselves not only good lawyers, but well-informed men of the world, and to cultivate the spirit of enthusiasm. He pointed out the exceptional educational advantages of the law students of Liverpool, and in this connection referred to the departure to Oxford of Prof. Jenks, after four years' good work in the Queen Victoria Chair of Lew, and to the appointment in his stead of Prof. Emmett, to whom he tendered, on behalf of that association, a cordial welcome and an assurance of their co-operation and sopport.- On the proposition of Mr. Alsop, seconded by Mr. Miller, the president was thanked for his address.Subsequently Mr. A. T. Miller was elected secretary, and Mr. J. H. Layton treasurer ; while the following gentlemen were chosen to compose the committee for the ensuing year: Messrs. F. W. Archer, F. Barnes, J. Findlay, W. G. Finch, C. F. C. Hopley, W. H. Hickson, J. B. Killey, H.L. H. Millard, H, Musker, P. J. Taylor, together with the treasurer and secretary. Thanks were accorded to the retiring officers.
Trustees, executors, and other of our readers who may, from time to time, have at their disposal sums of money for distribution amongst deserving charities, will, we hope, find many worthy of special consideration in the list of “Charities ” which appears in this week's issue of the LAW TIMES. We will continue the insertion of these appeals from time to time during the year, and hope the departure may prove useful.
WARNING TO INTENDING HOUSE PURCHASERS AND LESSEES.-Before purchasing or renting a house have the sanitary arrangements thoroughly examined, tested, and reported upon by an expert from Messrs. Carter Bros., 65, Victoria-street, Westminster. Fee quoted on receipt of full particulare. (Established 21 years.)-[ADVT.]
HAYNES'S STUDENT'S GUIDE to the Law and PRACTICE of the COURTS of PROBATE and DIVORCE; especially arranged for the use of candidates for the Final and Honours Examinations of the Incorporated Law Society, and forming a complete examination digest of the subjects to which it relates. Second Edition, much enlarged. Price 6s.-HORACE Cox “ Law Times" Office, Windsor House, Bream’s-buildings, E.C.(Advt.7
WARDE'S PRACTICE OF INTERPLEADER BY SHERIFFS AND HIGH BAILIFFS, with Acts, Rules, and Forms.—Handy pocket size. Price 3s. 6d., post free.- HORACE Cox, “ Law Times” Office, Bream's. buildings, E.C.-[AĐvt.]
B. LORD CHIEF POLLOCK,
The Business of the Courts will be taken in accordance with the Judges' Resolutions of May 24, 1894. The Judges named to sit in Divisional Court will, whenever it becomes necessary, sit at Nisi Prius.
Dumbelton v. Williams, Torrey, and Field Magnolia Metal Company and others r. Limited.
Atlas Metal Company Limited and F. Cutlan (trading as the Cutlan Boot and others
Shoe Manufacturing Company) 1. J.: The North Chartered Exploration ComDawson and Sons
pany Limited v. Riordan Debout The General Steam Navigation Davis o. Sugare Company
Appleyard v. Vestry of Lambeth Backman 8. The London General Omnibus Weekes r. The South London Equitable Company Limited
Building Society Ganthorn v. C. F. Richter and B. Richter Dunn r. Macdonald
(the Metropolitan Credit Company, Rochford v. Sturgis claimants)
Goodlock v. Cousins Collier o. Kenworthy
Gros r. Moore Finlay v. The Mexican Investment Cor- ' Peebles The Oswaldtwistle Urban poration Limited
District Council The Minna Creig Steamship Company The Vayor, &c., of Southport (apps.) r.
Limited v. The Chartered Mercantile The Birkdale Urban District Council
Bank of India, London, and China (resps.) Roosen v. Rose
Re H. R. Elton and Re The Solicitors Act Walter and Gould v. King
SUPREME COURT OF JUDICATURE.-HILARY
Court of Appeal.
APPEAL COURT 1.-NOTICES. Queen's Bench Interlocutory Appeals will be taken in COURT I. on Monday, Jan. 11, and afterwards on every Monday in Hilary Sittings. Bankruptcy Appeals will be taken on Friday, Jan. 15, and following Fridays.
Queen's Bench Final Appeals and New Trial Motions will be taken in COURT I. in alternate weeks during the Sittings. New Trial Motions will be taken in COURT I. on Monday, Jan. 11, and following days in that week. Final Appeals in the second week.
On Mondays and Fridays Final Appeals or New Trial Motions will be taken if there are not enough Interlocutory or Bankruptcy Appeals for a day's Paper.
Admiralty Appeals (with Assessors) will be taken in Court I. on days specially appointed by the Court, notice of which will appear in the Daily Cause List.
APPEAL COURT II.-NOTICES. N.B.—Interlocutory Appeals from the Chancery and Probate and Divorce Divisions will be taken in COURT II. on Monday, Jan. 11, and afterwards on every Wednesday (except Wednesday, Jan. 13) in Hilary Sittings.
N.B.-Subject to chancery Interlocutory Appeals on Wednesdays, Chancery Final Appeals will be taken every day in COURT II. until further notice.
N.B. When the Interlocutory Appeals are not enough for a day's Paper, Chancery Final Appeals will be added on Interlocutory days.
Appeals from the Lancaster and Durham Palatino Courts (if any) will be taken in COURT II. on Thursday, Feb. 4, Thursday, March 4, and Thursday, April 1.
FROM THE CHANCERY Division.
1896. Re The International Commercial Com- The Guardians of the Poor of the West
pany Limited and Companies Acts 1862 Derby Union, in the County of Lanto 1890
caster, r. The Metropolitan Life AssurQuihampton v. The Peruvian Corporation ance Society Re T. Armstrong's Patent 18,719 of 1894 The Same 9. Priestman
and Patents, Designs, &c., Acts; Re The North British Rubber Company petition of J. Yates
Limited v. The Gormully and Jeffery Re The Companies Acts 1862 to 1890 and Manufacturing Company
Re The Bulfontein Sun Diomond Mine Re Watson; Watson v. Watson-Watson Limited; Er parte C. Cox Hughes
r. Watson Re The New Travellers' Chambers Limited Re White; Scriren r. Scriven
and Companies Acts 1862 to 1890 ; Re Clayden ; Clayden r. Clayden Appeal of Sir W. G. Hunter
Re The Application of Eastman's PhotoRe Same, &c.; Appeal of Sir G. S. M. graphic Materials Company Limited for Thomas
Registration of Trade Mark, No. 187,707, Re Same, &c.; Appeal of Arthur Green and Patents, Designs, &c., Acts Re Sir G. Ellict; Hunt r r. Elliot
Peebles Crosthwaite --- Pasmore Elliott Brothers c. Sullivan
Crosthwaite Re Isaac: Cronbach r. Isaac
Kawlinson r. Davies Page r. Ratliffe
Re Doetsch; Matheson r. Ludwig Re The Mersey Railway Company and Re Divorce-Hinchcliffe v. Hinchcliffe, Teale The Railway Companies Act 1867 and
co-resp. Re The Mersey Railway Acts, &c. Re Cosier; Humphreys r. Gadsden Re The National Bank of Wales Limited Pneumatic Tyre Company Limited v. East
and Re The Companies Acts 1862 to 1890 London Rubber Company Re Simpson ; Grime v. Simpson
Re T. E. Brinsmead and Sons Limited and Yates 1. Armstrong
Companies Acts 1862 to 1890 Re Maule; Chester r. Maule
Re The London Health Electrical Institute Re Back; Jose r. Page
Limited and the Companies Acts 1862 to Re J. Smith; Davidson r. Myrtle.
1830 Re J. Smith; Davidson r. Myrtle
Re The Mersey Railway Company and Re Roycroft and Woulf and Re the V, and Railway Companies Act 1867 P. Act 1674
Re Lever; Cordwell r. Lever Re The Southern Counties Deposit Bank Re E. J. Wragg Limited and Companies and Companies Acts
De Candia r. Mann, George, and Co.
1896. Kennedy r. Dodson
Garside 1. Tie Lirerpool Ry. Permanent Holt r. Smith
Benefit Building Society.
FROM THE CHANCERY Division.
1896. Ehrmann r'. Ehrmann
Cheetham e. Heginbotham
Page o. Ratliffe.
FROM THE QUEEN'S BENCH DIVISION.
Jones v. German.
For Hearing.-Final List. Rr the Duty on the Estate of the late Sir The Guardians of the Poor of the
Thomas Gresham and Re The Customs Axminster Union (apps.) v. The Incorand Inland Revenue Act 1885
poration of the Guardians of the Poor James r. Ridet
of the Town of Plymouth (resps.) The London County Council r. Wright Re An Arbitration between Carr and The (Surveyor of Taxes)- Wright (Surveyor Sun Fire Insurance Company
of Taxes) r. London County Council Millar v. The Nyassa Company Limited Sellars r. Brown
Lewis o. Wanderers' Club Limited Susmen t. Ehrmann Brothers
Lines r. Usher Hill . Hill
Sir W. G. Armstrong, Mitchell, and Co. Brandon r. Boyce
Limited r. The Hotchkiss Ordnance Witt . Suart and Co.
Company Limited National Opalite Glazed Brick and Tile Benneit and Young r. John Bacon Limitel
Syndicate Limited r. Ceralite Syndicate North Charterland Exploration Company Limited
Limited r. Rowe Re W. M. Baker, solicitor, and Re The Harrison Yeadon Urban District Solicitors Act 1888
Council Dennison v. Bookey and Co.
Sadd r. Foster Ellis r. Wright, Odell, and Smith
The South African Territories Limited v. Thorpe v. Harman
Wallington Norman r. Pelican
Re An Artitration between Adolf E, Kempf Wernam u. Stone
and The National Insurance Guarantee Eley r. Read
FROM THE PROBATE, DIVORCE, AND ADMIRALTY DIVISION
1896. John o' Scott; Owners of s.8. 11. M. Holby Ratata; Biornstead and others V. The r. Owners of 8.s. John o' Scott.
Mayor. Alderman, and Burgesses of the
Borough of Preston.
New Trial Paper.
1896. Smith and others (Exors, &e.) 0. King's | Silter and Co. r. Rich Norton Rural District Council
Ashenden v. Lukey Robinson r. Mayor, &c., or the Borough Thornton v. Lee, Scott, and Gibbons of Workington
Bayley v. The Incandescent Fire Mantel Smith 1. London and South-Western Store Company Railway Company
Jenkins r. The Great Eastern Railway Beatty v. Cullingworth
1896. Re Stogdon; Er parle the Debtor
Re Wari; Ex parte the Debtor. he Oxenden ; Ex parte the Debtor
1896. Palliser r. Dale and others
| comprising the Parish of St. Bride The Manx Bank Limited r. Daniell
(reeps.) Bennett v, Robins
Windmuller , Mack Dombey and Son o. Playfair Brothers and Re An Arbitration between Spillers and others
Baker Limited and H. Leetham and The Conservators of the River Thames Sons
(apps.) r. The Assessment Committee of Humpbery and others v. Westwood and the City of London Union, in the City another of London, and the liberties thereof, and The Lingfield Steamship Company Limited
the Surveyor of Taxes for the District 0. The North-Western Bank Limited. N.B.—The above List contains Chancery, Palatine, and Queen's Bench Final and Interlocutory Appeals set down to Dec. 24, 1896, inclusive.
SUMMARY OF APPEALS. From the Chancery Division, final, 45; interlocutory, 5; total, 50. From the County Palatine Court of Lancaster, final, 4; total, 4. From the Queen's Bench Division, Anal, 50; interlocutory, 9; total, 59. From the Probate, Divorce, and Admiralty Division, Admiralty with Assessors, final, 2 ; total, 2. From the Queen's Bench Division Sitting in Bankruptcy, final, 3; total, 3. New Trial Paper, Anal, 9; total, 9. Totals : Final, 113; interlocutory, 14; total, 127.
High Court of Justice.
Chancery Division, NOTICES RELATING TO THE CHANCERY CAUSE LIST. Motions, Petitions, and Short Causes will be taken on the usual days stated in the Hilary Sittings Paper, with the following exceptions, viz. :Mr. Justice Chitty.--In consequence of Mr. Justice Chitty sitting for the disposa)
of his Lordship's own Witness List, from Tuesday, Feb. 2, until Saturday, Feb. 13 (inclusive), his Lordship's Motions and Unopposed Petitions will be taken by Mr. Justice North--that is to say, Motions on Thursday, Feb. 4, and Thursday, Feb. 11. Unopposed Petitions on Saturday, Feb. 6, and Saturday, Feb. 13. If the Witness List should be taken on any days other than those above appointed, due notice will be given. When the Witness List is being taken, Further Considerations will
not be taken on the Tuesdays. Mr. Justice North.-In consequence of Mr. Justice North sitting for the disposal of his Lordship's own Witness List, from Tuesday, Jan. 19, until Saturday, Jan. 30 (inclusive), his Lordship's Motions and Unopposed Petitions during that time will be taken by Mr. Justice Chitty-that is to say, Motions on Thursday, Jan. 21, and Thursday, Jan. 28. Unopposed Petitions on Saturday, Jan. 23, and Saturday, Jan. 30. If Witness Actions can be taken on any other days than those appointed,
due notice will be given. Mr. Justice Stirling.-In consequence of Mr. Justice Stirling sitting for the disposa)
of his Lordship's own Witness List, from Tuesday, Feb. 2, until Saturday, Feb. 13 (inclusive), his Lordship's Motions and Unopposed Petitions during that time will be taken by Mr. Justice Kekewich--that is to say, Motions and Unopposed Petitions on Thursday, Feb. 4, and Thursday, Feb. 11. Witness Actions will probably be taken on other days than those mentioned above ; of these due
notice will be given. Mr. Justice Kekewich.--The Order of Business before Vr. Justice Kekewich wil)
be as stated on the Sittings Paper. Actions for Trial with Witnesses will be taken on Tuesday, Jan. 19, and continued until the end of the following week. They will also be taken at other times. Notice will be given in the Daily
Cause List. Liverpool and Manchester Business.—Mr. Justice Kekewich will take Liverpool and Manchester Business as follows: 1. Summonses in Chambers will be taken on every other Friday after poon, com
mencing with Friday, Jan. 15. 2. Motions, Short Causes, Petitions, and Adjourned Summonses on erery other
Saturday, commencing with Saturday, Jan. 16 (except Jan. 30). Mr. Justice Romer will take Witness Actions every day in the order as they stand in his Lordship's Cause Book.
Summonses before th Judge in Chambers.--Justices Chitty, North, Stirling, and Kekewich will sit in Cyurt the whole day on every Monday during the Sittings to hear Chamber Sumn onses.
Summonses adjourned into Court will be taken (subject to the Witness List) 99 follows: Mr. Justice Chitty, with Non-Witness Actions, except Procechure Summonses, which (if any) are taken erery Saturday; Mr. Justice Stirling, with Non-Witness