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Parliamentary Returns-Public Bills Postponed.
1. Aberdeen Colleges
2. *Aggravated Assaults
PUBLIC BILLS POSTPONED.
[The Bills marked thus* are not Government Bills.]
Second reading put off for three months, July 25, Second reading put off for six months, May 7. Order for Committee discharged, July 17. Order for second reading discharged, April 15. Second Reading put off for six months, July 2, Order for second reading discharged, July 10. Order for second reading discharged, June 27. Order for second reading discharged, May 21. Order for Committee discharged, June 27. Order for Committee discharged, July 18. Order for second reading discharged, July 4. Order for second reading discharged, February 27. Order for Committee discharged, July 1.
Committed to a Select Committee, and reported June 24. No further stage.
Order for second reading discharged, Juiy 21. Order for second reading discharged, July 9. Order for second reading discharged, July 1. Order for second reading discharged, July 10.
23. Dwellings for Labouring Classes (Ireland), Second reading put off for three months, July 18.
No. 2 ...
28. Gaols, &c.
Episcopal and Capitular Estates
35. *Justices of the Peace Qualification
36. Juvenile Offenders (Ireland)
Local Dues on Shipping
Lunatic Asylums (Ireland)
40. Lunatic Asylums (Ireland), No. 2
Order for second reading discharged, July 14.
Nuisances Removal, &c. (Scotland) (Another Order for second reading discharged, May 22.
National Gallery Site
Parliamentary Returns.—Lectures at the Inns of Court.
Second reading put off for six months, June 17.
MICHAELMAS TERM, 1856.
Prospectus of the Lectures to be delivered during the ensuing Educational Term by the several Readers appointed by the Inns of Court.
CONSTITUTIONAL LAW AND LEGAL HISTORY.
THE Public Lectures to be delivered by the Reader on Constitutional Law and Legal History will comprise the following subjects:
Temper and Character of England at the Accession of Charles the First-Privileges of the House of Commons Character and Result of Political Struggles during his Reign - Influence of the Church-Attempts to make it Independent of State Control-Conduct of the Judges during the Reigns of the Stuarts-Progress and History of Jurisprudence-Reigns of Charles and James the Second-Causes of the Revolution-Reign and Policy of William the Third.
Review of the Origin and Causes of the English Constitution, from the Reign of John to the year 1688.
Comparison of the French and English Governments and Jurisprudence.
In his Private Lectures the Reader will proceed from the Reign of Charles the Second to the year 1782.
Books: Millar's View of the English Constitution; Clarendon's History, and May's History; Burnet's History of His Own Time; Hallam's Chapters on the Reigns of the Stuart Kings, and the Reign of William the Third; The State Trials; Stephen's Blackstone; Macaulay's History, 4th Volume; Rapin's History of Charles the First and Second; Tindal's Continuation-Reign of William the Third.
The Reader on Constitutional Law and Legal History will deliver his Public Lectures at Lincoln's Inn Hall, on Wednesday in each week (the first lecture to be delivered on the 12th of November), commencing at two p.m. The reader will receive his private classes on Tuesday, Thursday, and Saturday Mornings in each week, at half-past nine o'clock, in the Benchers' Reading Room, at Lincoln's Inn Hall. The first private class to be held on Thursday, the 13th November).
Order for second reading discharged, June 20. Committed to a Select Committee, July 10. Order for second reading discharged, July 17. Order for second reading discharged, July 21. Committee deferred for three months, July 17.
The Reader on Equity proposes to deliver, during the ensuing Educational Term, a course of six lectures on- The Influence exercised by the Norman Conquest on Judicial Procedure in England; The History and Constitution of the Court of Chancery; The Principles of Pleading in Equity; and The Jurisdiction in Bankruptcy.
The Reader on Equity proposes to form two private classes-asenior and junior, according to the amount of preliminary knowledge possessed by the students; using, in the junior, "Smith's Manual of Equity Jurisprudence" as a text-book; and, in the senior, whilst following the division adopted in the Manual, illustrating the subject by a more frequent reference to cases.
The Reader on Equity will deliver his public lectures at Lincoln's Inn Hall, on Thursday in each week during the Educational Term, commencing at two o'clock p.m. (The first lecture to be delivered on the 6th of November). The reader will receive his private classes on Mondays, Wednesdays, and Fridays, at half-past three p.m., in the Benchers' Reading Room. (The first private class to be held on Friday, the 7th of November).
LAW OF REAL PROPERTY, ETC.
The Reader on the Law of Real Property, &c., proposes to deliver, in the ensuing Educational Term, a course of six public lectures on the following subjects: 1. A Comparison between the Old and the New Law of Wills; 2. The Statutes 1 Vic. cap 26, and 15 & 16 Vic. cap. 24. 3. The Decisions upon those Statutes.
In his private classes the reader on real property law will explain the common forms of wills, give suggestions as to the best mode of framing wills, and examine minutely the latest decisions on the Wills Acts.
The public lectures will be delivered at Gray's Inn Hall, on Friday in each week, at 2 p.m. (The first lecture to be delivered on the 7th of November). The private classes will be held in the north library of Gray's Inn, on Monday, Wednesday, and Friday mornings, from a quarter to twelve to a quarter to two o'clock. (The first private class to be held on Monday, the 10th November).
Legal Examination Distinctions.-Selections from Correspondence.
JURISPRUDENCE AND THE CIVIL LAW.
The Reader on Jurisprudence and the Civil Law proposes, in the course of the ensuing Michaelmas Term, to deliver six public lectures on the following subjects: 1. The Elementary Principles of Roman Law respecting Proprietary and Possessory Rights, Modes of Acquisition and Transfer, and the Classification of Things. 2. The Departments of International Law which have been affected by Roman Jurisprudence, particularly Capture in War, Maritime and Territorial Dominion, Sovereignty, Occupation, Possession, and Prescription.
With the private classes the reader will proceed regularly through the principal departments of Roman law, beginning with the law of persons. The Institutes of Justinian and the Commentaries of Gaius will form the basis of the Lectures, and will be read together; but on certain days selected portions of the Digest will be taken. Reference will frequently be made to the Institutiones and Commentarii Juris Romani Privati of Warnkönig, and to the Explication Historique of Ortolan. The private classes will assemble at the class-room in Garden-court, Middle Temple, on Tuesdays, Thursdays, and Saturdays, at a quarter to four p.m.; the first meeting to take place on the 13th November. The first public lecture will be delivered in the Middle Temple Hall, on Tuesday, the 11th November.
The Reader on Common Law proposes to deliver, during the ensuing educational term, a course of six public lectures on the subjects undermentioned :Lecture 1 will be Introductory to the Study of
our Common Law will indicate the various matters of which it takes cognisance, and specify Lectures its leading branches and sub-divisions. 2 and 3 will be devoted to an Examination of certain Maxims and Principles of our Common Law which concern the Crown, especially of the following Rules: That the Sovereign can do no Wrong-That the Rights of the Crown cannot be barred by Lapse of Time-That where the King's title and that of a Subject concur, the King's title shall be preferred. These rules will be considered, not in their Constitutional bearing, but strictly in reference to private Rights and Remedies at suit of or against the Sovereign. Lectures 4 and 5 will treat of the Nature of Legal Rights and Remedies as between Subject and Subject. Lecture 6 will be devoted to an Inquiry concerning such Rules of Legislative Policy as are recognised and ordinarily applied in Courts of Common Law.
With his private class the reader will pursue, in detail, the various subjects and topics above sketched out; and in so doing will refer prinBlackstone's or cipally to the following works: Stephen's Commentaries, vols. 1 and 3; the Treatises of Messrs. Chitty and Allen on the Royal Prerogative; and Dwarris on Statutes, 2nd edit.
The public lectures will be delivered in the Hall of the Inner Temple on Monday in each week, at p.m. (The first lecture on Monday, November 10th). The private class will be held in the Hall on Tuesday, Thursday, and Saturday mornings, from a quarter to twelve to a quarter to two o'clock. (The first private class to be held on Tuesday, the 11th November. By Order of the Council,
(Signed) RICHARD BETHELL, Chairman. Council Chamber, Lincoln's Inn,
August 4, 1856.
NOTE.-The Educational Term commences on the 1st Nov., and ends on the 22nd Dec., 1856.
The first meeting of each private class will take place on the usual morning or evening of meeting next after the first public lecture on the same subject.
LEGAL EXAMINATION DISTINC TIONS.
I am glad to learn that some distinction will be conferred on the candidates who pass a superior examination. The diligent student will receive his reward; but from some experience amongst articled clerks, I think the number of competitors for the intended prize will not be great. The majority will be content to pass "without more." This is a step forward in the right direction, and will doubtless be beneficial and creditable to the profession.
I wish, however, to ask one question. Will the candidates who "go in for honors" be required to give notice of their intended competition.
This will perhaps be the better course. candidates as do not give notice may console themselves by conjecturing that if they had competed, they might have carried off one of the prizes; and they cannot be classed amongst the unsuccessful. The Examiners, also, will be saved a large share of trouble if they are only called upon to investigate the papers and decide on the several degrees of merit of fifteen or twenty candidates instead of 100. The answers of the majority may then be considered merely for the purpose of ascertaining whether a sufficient number of the questions have been satisfactorily answered to justify a certificate of "fitness and capacity" for admission.
A. RENTS a house of B. as a yearly tenant. A. gives notice to quit at Midsummer, 1856, which the landlord accepts. A. himself left the house two years ago, leaving his wife in possession, who, contrary to A.'s wish, refused to quit. There was no sufficient distress on the premises to countervail the arrears of rent due above £20, the few articles remaining not being worth 20s. The wife retains the key, and sleeps in a neighbour's house. Will the landlord be justified in considering the wife a trespasser, and in turning her out of possession with the aid of a police CIVIS
A tenant gives notice to his landlord to quit at Midsummer Day, which he fails to do, and holds over until the 21st July-when he is ejected. To what rent is the landlord entitled, subsequently to Midsummer? The statute gives (I forget which) either double rent or double value, but up to what time is that to be computed? ONE, &c.
SURRENDER OF LIFE POLICIES.
Doubtless not a few persons who commence insuring their lives, before many years elapse feel
Correspondence-Professional Lists.-Notes of the Week.
themselves unable to pay the premiums. An offer is therefore made to surrender the policy, but not a shilling will be allowed unless premiums have been paid for at least five years. To guard against such injustice, I beg to suggest the insertion of a clause in the policy of assurance defining the terms on which a surrender might be made according to the number of years that had elapsed from its comARGO.
Perhaps some of the greatest nuisances of the present day are the pretended loan societies, so calculated to impose and take in the unwary.
Some time ago a friend of mine, lured by the address of a mutual loan fund association, in the vicinity of Covent Garden, and by a bow and arrow promise of a proposal, with every expense stated, paid between 20s. and 30s. as fees, demanded to make some pretended inquiries as to his sureties. He proposed for an inconsiderable advance, and although his sureties were most respectable housekeepers, the loan was refused, but the fees retained. Doubtless the object of the fees was to raise funds to pay the promoters for their trouble.
I hope a searching inquiry will be made in a committee of the Commons House of Parliament into the transactions of these societies, and the result exposed to the world. The report would shew whether the pretended societies had any capital or money to advance at all.
The respectable portion of the profession eschew any connexion with such abominable societies. Whether a separate list of all professional men connected with such, and published in the Law List, would be useful and tend to check fraud, I am unable to say.
A friend of mine indorsed a bill for £20 as additional security for a clergyman, whose life, he was told, was insured, and deposited with the office, and on which he would have a lien. The assured died: he was refused the pretended lien on the policy, and had to pay the £20, and no less than £11 13s. 6d. costs to the attorney. BLUE.
DISSOLUTIONS OF PROFESSIONAL PARTNERSHIPS. From July 22nd to August 22nd, 1856, both inclusive, with dates when Gazetted.
Baird, Charles R., and John W. Muirhead, Glasgow, writers.-July 25.
Blundell, John, and Samuel Sharman, Liverpool, attorneys and solicitors.-Aug. 8.
Carter, John Richard, and John Carter, Spalding, attorneys, solicitors, and scriveners-Aug. 5.
Chaplin, John Clarke (deceased), John Richards, and James Stubbin, Birmingham, attorneys and solicitors.Aug. 15.
Cox, Peter, and James Warden, Beaminster, attorneys and solicitors-July 29.
Gee, George, and Edward Jessel, 13, Buckingham-street, Strand, attorneys and solicitors (under the style or firm of Stafford, Gee, and Jessel).-Aug. 22.
King, Henry, and John Tompsett, Mayfield, Sussex, attorneys and solicitors.-Aug. 22.
Murray, John, and Charles Pool Froom, Whitehall-place, Westminster, attorneys and solicitors.-Aug. 8.
Appointed under the Fines and Recoveries' Act, with dates when Gazetted.
Bell, John Williams, Gillingham, in and for the county of Dorset.-July 22.
Housman, Edward, Bromsgrove, in and for the county of Worcester. July 22.
To Administer Oaths in Chancery. Appointed under the 16 & 17 Vict. c. 78, with date when Gazetted. Lewis, William, Crickhowell.-July 25.
NOTES OF THE WEEK.
During the Vacation until further Notice. All applications which are necessary to be made at the judges' chambers are to be made at the chambers of the Vice-Chancellor Kindersley.
Parties desiring to make any urgent special application to the court during the vacation are to apply at the said chambers for an appointment.
The chambers of the Vice-Chancellor Kindersley will be open every day in the week except Saturday and Monday from eleven to one.
Mr. S. Wauchope has been appointed to officiate as chief magistrate of Calcutta.
Mr. G. F. Cockburn has been appointed to officiate as Commissioner of Revenue and Circuit for the Cuttack Division.
Mr. C. K. Hudson has been appointed second class principal assistant to the Commissioner of Assam.— Civil Service Gazette.
Mr. George Anthony Herring, solicitor, has been appointed clerk to the magistrates, and also clerk to the guardians of the Bedale Union, in the room of Mr. Charles Thomas Herring, deceased.
The Queen has been pleased to appoint John Hamilton Gray, Esq., to be Attorney-General, and John Campbell Allen, Esq., to be Solicitor-General for the province of New Brunswick.
Algernon Montagu, Esq., has been appointed a member of the council of the colony of Sierra Leone. -From the London Gazette of Aug. 22.
NEW MEMBERS OF PARLIAMENT.
Charles Napier Sturt, Esq., for Dorchester, in the room of Henry Gerard Sturt, Esq., who has accepted the office of Steward of Her Majesty's Chiltern Hundreds.
The Honourable William George Boyle for Frome, in the room of Richard Edmund St. Lawrence Boyle (commonly called Viscount Dungarvon), now Baron Boyle, called up to the House of Peers.
Henry Gerard Sturt, Esq., for the county of Dorset, in the room of the Right Hon. George Bankes, deceased.
Charles Paget, Esq., for Nottingham, in the room of the Right Hon. Edward Strutt, who has accepted the office of Steward of her Majesty's manor of Hempholme, in the county of York.
PROROGATION OF PARLIAMENT.
It is this day (21st August) ordered by her Majesty in council that the Parliament, which stands prorogued to Tuesday, the 7th day of October next, be further prorogued to Thursday, the 13th day of November next.
REVISION OF LIST OF VOTERS FOR FINSBURY.
Mr. Macqueen has appointed Wednesday, the 8th of October, at the Lords Justices' Court, Lincoln's Inn, for the revision of the List of Voters for the borough of Finsbury.
CHANCERY ADHESIVE STAMPS.
In pursuance of the order of the Right Honourable the Lord High Chancellor, dated the first day of August, 1856 (page 256 ante), the following new Chancery adhesive stamps will be issued, viz. :— 3d., 6d., 18., 1s. 4d., 18. 8d., 2s., 2s. 8d., 3s., 4s., 5s., 78., 88., 10s., 14s., and 20s.
Recent Decisions: Lords Justices; Master of the Rolls; V. C. Kindersley.
RECENT DECISIONS IN THE SUPERIOR COURTS.
Held, reversing the decision of Mr. Commissioner Fonblanque, that in lieu of annexing a condition under the 12 & 13 Vic. c. 186, s. 198, that a certificate is not to protect the bankrupt's afteracquired property-except a certain dividend were paid, the certificate will be suspended, with protection, and with liberty to apply.
Swanston and Bagley appeared in support of this appeal from Mr. Commissioner Fonblanque, granting a certificate of the second class to this bankrupt, who was a surgeon and apothecary, to which was annexed the condition that it should not be available for his after-acquired estate until he should have paid to all his creditors a dividend of five shillings in the pound.
By the 12 & 13 Vict. c. 186, s. 198, it is enacted that "forthwith after the bankrupt shall have passed his last examination, the court shall appoint a public sitting for the allowance of his certificate, &c.; and the court, having regard to the conformity of the bankrupt to the law of bankruptcy, and to his conduct as a trader before as well as after his bankruptcy, and whether the allowance of such certificate be opposed by any creditor or not, shall judge of any objection against allowing such certificate, and either find the bankrupt entitled thereto, and allow the same, or refuse or suspend the allowance thereof, or annex such conditions thereto as the justice of the case may require."
Bacon and Speed contrà.
The Lords Justices (without calling on Shebbeare for the assignees) said that it was inexpedient as a general rule to annex a condition to a certificate that it should not, wholly or to any limited extent, protect the bankrupt's after-acquired property, It was better under such circumstances to suspend the certificate, with protection, and give liberty to apply. The order of the court was, therefore, discharged, and the certificate suspended with protection, but with leave to apply either to this court or to the commissioner.
Master of the Rolls.
In re Turner, exparte Burton and others. August 1,
1856. ATTORNEYS AND SOLICITORS' ACT-TAXATION OF BILL OF COSTS UNDER S. 38 BY THIRD PARTY. Held, that in order that a third party may obtain an order to tax a solicitor's bill of costs under the 6 & 7 Vict. c. 73, s. 38, it is not necessary to shew pressure, but merely that some of the items are excessive and improper.
IT appeared that under a deed of compromise of a suit instituted by Mr. Bruce (of whom the respondent Mr. Turner was solicitor) against the petitioners, they covenanted to pay the costs, charges, and expenses, as between solicitor and client, properly incurred by Mr. Bruce in instituting such suit, or in any way relating thereto, or otherwise in the discharge of his duty as trustee under the marriage settlement of Mr. and Mrs. Burton (two of the present petitioners). The bill of costs, which had previously sent to the petitioners' solicitor, was paid by Mr. Bruce, who brought an action to recover the amount against the other petitioner. This gentleman paid the same, and this petition was presented for a taxation under the 6 & 7 Vict. c. 73, s. 38, on the ground that certain items were excessive and improper, and for the repayment to him of such sum as should be found to have been paid in excess.
By that section it is enacted that "where any person, not the party chargeable with any such bill within the meaning of the provisions herein before contained, shall be liable to pay or shall have paid such bill either to the attorney or solicitor, his executor, administrator or assignee, or to the party chargeable with such bill as aforesaid, it shall be lawful for such person, his executor, administrator, or assignee, to make such application for a reference for the taxation aud settlement of such bill as the party chargeable therewith might himself make; and the same reference and order shall be made thereupon, and the same course pursued in all respects, as if such application was made by the party so chargeable with such bill as aforesaid: provided always, that in case such application is made when, under the provisions herein contained, a reference is not authorised to be made except under special circumstances, it shall be lawful for the court or judge to whom such application shall be made to take into consideration any additional special circumstances applicable to the person making such application, although such circumstances might not be applicable to the party so chargeable with the said bill as aforesaid, if he was the party making the application."
Stiffe in support; Higgins contrà.
The Master of the Rolls said that where a third party paid money to his solicitor, and was afterwards repaid by the person liable, the question of pressure did not arise, but it was sufficient if some of the items were, as the petitioners contended was the case here, excessive and improper.
After having read the affidavits, his Honour directed a taxation.
OTHERWISE "-AFTER-ACQUIRED PROPERTY. Under a will the petitioner was entitled, together