94 Metropolitan and Provincial Law Association. sidered as cancelled; and those gentlemen pro- | defendant where less than 57. is claimed, or, in mised to consider the above suggestion. The Government have, however, proposed and carried an amendment, that the Bill shall simply consist of an enactinent that a crossed cheque shall be paid only through some banker; and the Bill now, consequently, contains no provision whatever for twice-crossed cheques. The Committee have, therefore, prepared a pe. tition for presentation to the House of Lords, praying for the alteration mentioned above. Ecclesiastical Courts reform.-The Commmittee regret that they are still unable to report that any sensible progress has been made towards the reform of the Ecclesiastical Courts. A Testamentry Jurisdiction Bill was introduced Last Session into the House of Commons by the Solicitor-General, on the 16th of April. 1855. It was read a first time on the 16th of April, and the second reading appointed for the 26th of April. On that day a debate arose, which was continued on the 30th, and adjourned to the 4th of May, and afterwards from day to day until the 25th of June, when the Bill was withdrawn. A Bill was presented early this Session, (February 8th) to the House of Commons by Mr. Collier, "to transfer the testamentary jurisdiction of the Ecclesiastical Courts to the Superior Courts of Common Law, and to the County Courts," and the Government subsequently re-introduced their Bill of last Session, under the title of "Wills and Administrations Bill," which proposes to establish a distinct Court of Probate, in which Solicitors will be enabled to practise. Both these Bills will receive that attention from the Committee which their importance demands. any case, unless by order of the Judge. It is provided that a scale of costs, to apply to ac tions above 201., shall be settled by the Judges of Westminster Hall. It also enacts that, in cases under 201., a solicitor shall not recover from his client more than the fees provided by the Act, unless he has consented in writing to pay a further fixed sum. The great injustice of throwing the principal cost of professional assistance upon the party resorting to it, irrespective of the result of the proceedings, remains, as to actions under 20., unredressed. Indeed, the whole question of Costs as regulated by the Bill in question is most unsatisfactory. distribution among the Profession, drawing The only step that has been taken in bankthat the Committee has presented a memorial ruptcy since the last annual meeting has been, introduce a Bill to amend and consolidate the to the Lord Chancellor, praying that he would Bankrupt Laws, which his lordship has acknowledged, promising that the subject should receive his attention. Conditions of Sale.-The important subject of conditions of sale has also recently occupied the attention of the Committee. Several most objectionable conditions have recently been brought before their notice, and especially certain conditions emanating from the office of Woods and Forests. The Committee have been in correspondence with the Commissionsolicitor to the department, on the subject. ers of Woods and Forests, and also with the The question is one of very great importance. Conditions of sale have become so elaborate of late years, and so many objectionable conditions are introduced, such especially as those which provide that the vendor's solicitor shall prepare the purchaser's conveyance, and which compel the purchaser to pay the vendor's costs of proving his title, that it is time that they should be brought within reasonable limits, and it is most desirable that some general rule should be agreed upon by the Profession as a body, and carried out. The Committee will feel obliged to any of their members who will furnish them with their experience and any data on the question. County Courts. The long-expected County Courts Act Amendment Bill was presented by the Lord Chancellor on the 11th of March. It is a most important Bill, and will be carefully considered and watched by the Committee. It contains 83 sections and two schedules. Some of the principal features in the Bill are the following:-It provides that any one appointed as a deputy to a County Court Judge shall be a barrister of seven years' standing, thereby continuing the stigma on our branch of the Profession. It contains the restriction against one attorney employing another in the County Court which is perpetuating a very great grievance. It enables actions for malicious prosecutions to be brought in the County Court. It gives the Court power to try causes (not being actions for crim. con.) by agreement of the Searches for Incumbrances.-Another subparties, although the matters be beyond its ject which has occupied the attention of the jurisdiction. It provides, that a summons Committee is, the responsibility incurred by may issue, though the cause of action may not solicitors with regard to searches for incumarise in the district; and that when the claim brances. The Committee have prepared a list exceeds 201., the plaintiff may serve the sum of places where at present searches for incummons. The Court fees are also very consider-brances ought strictly to be made, and an estiably reduced. It enacts, that the expense of mate of the average expense; attached to which employing a barrister or an attorney, either by is a form of indemnity, to which solicitors may, plaintiff or defendant, shall not be allowed on if they think proper, obtain the signature of taxation of costs in the case of a plaintiff where their clients, prior to making the usual searches. less than 57. is recovered, or in the case of a The Committee, however, do not recommend this plan, entertaining, as they do, grave doubts of the darkest hue constantly emitted is enoras to how far it would be efficacious. They mous. The pauper establishment has been are anxious to have the whole system remod- erected many years, and an excellent one it is, delled, and would be happy to see the sys- and the hotel about three years; under these tem adopted of giving official negative certifi- circumstances, can the owner or occupier of cates, as is done in Ireland; and will take an the hotel maintain legal proceedings to abate opportunity to draw the attention of the Legis- the nuisance? lature to the subject. AMICUS. [To be continued.] A HINT TO THE PROFESSION. Some time ago, an Irish gentleman forcibly conveyed his wife away with the intention of confining her in Ireland, which he afterwards succeeded in effecting for twenty years, when he died, and she then regained her liberty. A professional gentleman, practising in London, was despatched after the party, armed with a ne exeat regno and a habeas corpus, and on seeing the husband he promised to bring forward his wife. He, however, cunningly substituted another lady, who personated her, and in answer to a question from the professional, stated that her journey was of her own free will. When too late the fraud and injustice was discovered. Surely some person to whom the wife was known should have been sent. ARCHITECT'S CHARGES. PRACTICE AS TO CALLING IN MORTGAGES. An architect agrees, prior to the erection of a house, which was originally estimated to cost for 1,200/., on which interest had been reguA mortgagee dies possessed of a mortgage about 1,000/., to charge 401. for his trouble. larly paid for 18 years. The executors' solici Various alterations and additions were subse- tor, almost immediately on probate issuing, quently made to the building. Is he, under writes a letter to the mortgagor, insisting on such circumstances, entitled to be paid a Com- instant payment of the principal. Is this conmission of 51. per cent. on the total expendi-sistent with the usual and respectable practice, ture, which amounts to 1,500l. ? and in case of legal proceedings being adopted at Law or in Equity would the mortgagor be subject to costs? ATTORNEY PARTNERSHIPS. DISSOLUTION. M. A. GROUNDS OF MR. EDITOR,-I served my articles about twenty years ago, on the expiration of which my master took me into partnership without a premium, for the term of our natural lives. I was glad of the favourable opportunity of establishing myself in a lucrative business. We both went on for twenty years, when my partner, having turned 72, became unable to attend to business as he has hitherto actively done. He has two children; I have none. I think it rather hard that I should continue my almost sole exertions for the benefit of both, and I seek a dissolution. Would I be justified in so doing? The sentiments of the members of the Profession would be acceptable, and by them I would be guided. I am now almost in the prime of life. May 20, 1856. SMOKE NUISANCE. ONE, &c. A. LIABILITY OF A LIVERYMAN TO A FINE I have been a liveryman of one of the city I have occasionally visited an hotel at Norwood, but the nuisance arising from the smoke of the neighbouring establishment for the re-ents on its validity. ception of the poor of various city unions, is perfectly intolerable. The volume of smoke ALPHA. Bull, William Rogers, Newport Pagnell; and 5, Hornton Street, Kensington Last day of Trinity Term, Borough, John, 8, Langham Place; and Gloucester Street W. B. Bull, Newport Pagnell pursuant to Judge's Order. W. Borough, Derby; C. K. Freshfield, New Last day of Trinity Term, pursuant to the Rule of Hilary Term, 1853 (Notices continued). Bartleet, Charles, Birmingham; Moorgate Bompas, William Carpenter, 11, Park Road, Bowers, Barclay George, 35, North Street, New Clowes, Arthur Tallent, 2, Lower Calthorpe Gregory, Charles, Eyam Harris, Charles Rice, Tredegar Head, Robert William, 14, Upper Brook St.; and Alplington . Hordern, Alexander Radcliffe, 3, South Mol- Lee, Frederic Coope, 17, Inverness Road, Mourilyan, J. Noakes, jun., 3, King William Nash, Alfred Dormer, 14, Great Coram St., Prescott, Byam Martin, 29, Wakefield Street, Roper, George Edw., Trevor. 9, Huntley St., Roper, Samuel, 31, Victoria Street, Bristol Thompson, George, 30, Clarence Street, St. Tosswill, Charles Speare, 8, Carlton Hill East, Venn, William, 4, Upper Street, Islington Williams, Robert, 27, Myddleton Square; . A. Ryland, Birmingham P. S. Coxe, Coleman Street B. W. Rawlings, John Street; B. F. Watson, W. Bleaymire, Penrith; T. Johnston, Raymond E. N. Clowes, New Buckenham G. Hancock, Denbigh Street . J. G. H. Owen, Pontypool . C. H. Venn, Exeter; R. T. Head, Exeter . H. C. Kingsford, Canterbury T. French, Eye J. N. Mourilyan, Sandwich J. J. Wathen, Bedford Square; H. Crocker, T. A. Fellowes, Chippenham W. B. Collis, Stourbridge B. Hope, Brompton; T. Hyatt, Shepton Mallet Messrs. Gregg, Kirkby Lonsdale L. Thompson, York J. T. Church, Bedford Row J. A. M. Pinniger, Raymond Buildings; E. J. P. Jones, Denbigh; T. Rogers, Fenchurch Re-Admissions, last day of Michaelmas Term. King, William Henry, 34, Bloomsbury Square; and Burton Crescent. Last day of Trinity Term. Makinson, Thomas, Manchester Sill, Richard, Walsall. Renewal of Certificates.—Examination at Inns of Court.—Parliamentary Proceedings. 97 RENEWAL OF CERTIFICATES. 13th June. Chase, Samuel Compigne, 5, Sidmouth St., Gray's Inn Road. Chorley, Thomas Fearncombe, Cottage Pl., Cockeram, William Philip, 24, Noel Street, Hill, Thomas, Middle Temple Lane; and Lee, James Frankham, 4, Pancras Lane; and Clapham Rise. McRae, James Layton, 34, Great Hermitage Street, London Docks; and Rochester. Rashleigh, Charles Edward, 56, Lincoln'sInn-Fields; Chester Place; Farningham Hill. Read, Edmund, 13, Tokenhouse Yard; and Greenwich. Rigley, Henry Adolphus, 5, Great Chapel Street, Oxford Street; Bateman's Buildings; and Newport Street. Spencer, Robert, 30, Westmorland Street, Newcastle-upon-Tyne. EXAMINATION AT THE INNS OF COURT. Leases and Sales of Settled Estates. For 2nd reading, May 30. Law of Partnership (No. 2).-Mr. Lowe. In Committee, May 30. Joint-Stock Companies.-Mr. Lowe. Report of amendments, May 30. Joint-Stock Companies' Winding-up Acts Amendment. For 2nd reading, May 30. Shipping Tolls, &c., Abolition. Mr. Lowe. In Select Committee. Judgments, Execution, &c.-Mr. Craufurd. For 2nd reading, June 5. Amendment of Procedure and Evidence. RESULT OF THE EXAMINATION OF STU- Sir F. Kelly. In Committee, May 30. DENTS. Trinity Term, 1856. THE Council of Legal Education have awarded to William Lambert Dobson, Esq., Student of the Middle Temple, and Wells Butler, Esq., Student of Lincoln's Inn, Certificates of Honour of the First Class. William Markby, Esq., Student of the Inner Temple; Charles Beard Izard, Esq., Student of Lincoln's Inn; Athelstane Willcock, Esq., Student of Lincoln's Inn; Charles A. W. Crump, Esq., Student of the Inner Temple; Frederick Seebohm, Esq., Student of the Middle Temple; and Edward Bullock, Esq., Student of the Inner Temple, Certificates that they have satisfactorily passed a Public Examination. By Order of the Council, (Signed) RICHARD BETHELL, Chairman. PARLIAMENTARY PROCEEDINGS House of Lords. Clergy Offences.-Bishop of Exeter. For 2nd reading. Fire Insurances-Lord Stanley. For 2nd reading, May 27. Court of Probate of Wills and Grants of Administration.-Solicitor-General. For 2nd reading, May 30. Testamentary and Matrimonial Jurisdiction. Sir F. Kelly. For 2nd reading, May 30. Ecclesiastical Courts.-Mr. Collier. For 2nd reading, June 11. Judge and Chancellors (Ecclesiastical). For 2nd reading, June 12. Sleeping Statutes' Repeal.-Mr. Locke King. For 3rd reading, May 30. Oath of Abjuration. Mr. Milner Gibson. In Committee, May 23. For 3rd reading, June 2. Poor Removal (No. 2).-Mr. Bouverie. For 2nd reading, June 6. Church Rates Abolition.-Sir W. Clay. In Committee, June 2. Amended Formation of Parishes.-Marquis of Blandford. Re-committed, May 30. Advowsons.-Mr. Child. In Committee, June 2. 98 Professional Lists.-Notss of the Week.-Superior Courts.-V. C. Kindersley. Medical Qualification and Registration.- | Cheadle and Stone, Attorneys, Solicitors, and Lord Elcho. For 2nd reading. Conveyancers. May 2. Trust Property Criminal Appropriation.— Attorney-General. County and Borough Police.-Sir G. Grey. For 3rd reading. Public Prosecutors.—Mr. J. G. Phillimore. In Select Committee. Seaman, Edward Cleveland, and Frederick Lewis Lyne, 12, Pancras Lane, Queen Street, Cheapside, Attorneys and Solicitors. April 29. Unett, John Wilkes, John Unett, and Geo. Unett, Birmingham, Attorneys and Solicitors (so far as regards the said John Wilkes Unett). Qualification of Justices of the Peace.—Mr. | May 23. Colville. London Corporation.-Sir G. Grey. For 2nd reading, May 26. Courts of Common Law (Ireland). Re-Committed, May 30. PROFESSIONAL LISTS. PERPETUAL COMMISSIONERS. Wilson, Cornwell Baron, and James Pattisson, 13, Furnival's Inn, Holborn, Attorneys and Solicitors. April 29. NOTES OF THE WEEK. QUEEN'S BENCH SITTINGS. At a little before two o'clock, Mr. Watson, Q. C., rose and asked whether the Court would Mr. Justice Coleridge said, the Court had come to no such decision. Appointed under the Fines and Recoveries' Act, rise at two o'clock or not? with dates when Gazetted. Allen, Edward, Manchester, in and for the county of Lancaster. May 2. Smith, George Moore, Whittlesey, Isle of Ely, in and for the county of Cambridge. April 25. DISSOLUTIONS OF PROFESSIONAL PART NERSHIPS. From 22nd April, to 23rd May 1856, both inclusive, with dates when Gazetted. Cattlow John Reynolds, and Edward Daniel, SITTINGS IN EXCHEQUER CHAMBER. The Court will sit and take cases in Error from the Queen's Bench on the 2nd and 3rd of June; from the Common Pleas on the 13th and 14th of June; and from the Exchequer on the 16th and 17th June. INSOLVENT DEBTORS' COURT SITTINGS. Mr. Commissioner Phillips has adopted a rule not to sit later than four o'clock, an arrangement likely to satisfy all persons having business in this Court. RECENT DECISIONS IN THE SUPERIOR COURTS. Vice-Chancellor Kindersley. LEGACY. A testator, having lent a legatee 2001. upon a memorandum that it was to be deducted from his share under A.'s will, afterwards by his codicil cut down his interest to a life estate: Held, that the 2001. was, nevertheless, to be deducted from the share of the legatee. IT appeared that a testator, who by his will gave his son, Thomas Olney, an absolute interest with the other children in his estate, advanced him 2001., taking a memorandum in the form of a receipt, to the effect that the executors should deduct that amount from his interest under the will. The testator subsequently altered his will by a codicil, whereby he gave Thomas Olney a life interest only, without power of anticipation or disposition, with gift over to his children. The question now arose whether the 2001. was still to be deducted from his interest under the will and codicil. Glasse and Greene for the plaintiff; Baily Hopwood for the defendants. The Vice-Chancellor said, that the debt was not discharged by what had taken place, and that 2001. must be deducted. Cook v. Gregson. May 27, 1856. CREDITORS' SUIT.—ASSETS, LEGAL OR EQUI TABLE. EQUITY OF REDEMPTION. Held, that the equity of the equity of redemption of a mortgage by the testator are legal and not equitable assets in the hands of executors. IT appeared in this creditors' suit against the executor and executrix, that she had mortgaged certain estates in Antrim, Ireland, and again mortgaged the equity of redemption. The question now arose, whether the equity of this equity of redemption was legal or equi table assets. The chief clerk had held that it was equitable. Glasse and Cotton for the plaintiffs; Baily and Toller for the executrix Swanston and C. Hall for the executors; Giffard for other parties. The Vice-Chancellor said, that the plain distinction betwen legal and equitable assets was, that the one was assailable in a Court of Law, |