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Law of Costs.-Notes on Recent Statutes.-Law Students' Corresponding Society. 65 opinion that the applicant will not be en- Your Committee feel that to enumerate the titled to be admitted upon this examina- many advantages accruing to the Law Student tion.” Exparte Brutton, 1 Lowndes & from mutual intercourse with his fellows, would Maxwell, 219.
be quite an act of supererogation, but nevertheless they would urge upon all, the consi
deration of those advantages which they regret LAW OF COSTS.
have at present received so little attention at
the hands of the Junior Members of the ProSECURITY FOR COSTS ON PLAINTIFF'S fession. GOING ABROAD PENDING SUIT.
Your Committee deem it advisable briefly to The plaintiff was resident in England in
advert to the distinguishing features and obMarch, 1851, when he filed his bill, but being the attention of those Articled Clerks who are
jects of this Society in the hope of attracting in embarrassed circumstances in May, 1852, not at present aware of its existence. It is debe went to, and was still resident in, Jersey. signed, first-As a means of friendly interOn a motion that he might give security for course and for the purpose of engendering costs, the Master of the Rolls said, "I think Articled Clerks ; secondly-To supply the
feelings of unanimity and friendship amongst you are entitled to the order. The state of the wants of a Debating Society in small towns, case is this :-this gentleman, in the early by affording a medium for the written discuspart of the year, leaves his residence, and it sion of moot points, and the composition of does not appear where he went, except that for furnish opportunities to the Student to apply
and thirdly-By the same means, to
essays; some time he was residing with his solicitor. principles to practice, and thus assist him in He then appears in Jersey, and writes that he obtaining a practical knowledge of his Prothinks of coming back.
fession. “This is not a case of a plaintiff who, having mittee to state that the Society now numbers
It affords much satisfaction to your Comordinary residence here, goes abroad for a tem- upwards of thirty members, but still considerporary purpose. It is clear, that, in consequence ing the number of Law Students in the kingof pecuniary embarrassments, arising out of dom, they cannot but feel some surprise that other circumstances, the plaintiff has not, and but as they hope that this has arisen chiefly
80 few should as yet have joined the Society; does not intend to have, any fixed residence in from ignorance on the part of the Profession, this country.” Weeks v. Cole, 14 Ves. 518, either of the existence or objects of the Society, Fas cited. Blakeney v. Dufaur, 16 Beav. 292; they trust, by the publication of this Report, 2 De G., M‘N. & G.771,
to bring the Society more generally before that numerous body, for whose benefit it has been
eatablished, and that this increased publicity NOTES ON RECENT STATUTES.
may be followed by a considerable and speedy
accession of members. RETROSPECTIVE OPERATION OF NEW
With regard to the financial position of the CHANCERY ACTS.
Society, your Committee have to report-That A REFERENCE was directed to the Master finding it impossible to carry on the Society in 1850, and it was ordered that the defendant with the revenue arising from the subscriptions should be examined upon interrogatories as the originally proposed, they have found it neces
sary to call upon each of its members for the Master should direct. A motion for the de- payment of an annual subscription of 28. 6d., fendant's examination vivá voce by the Master in addition to an entrance fee of 28. 6d. payable under the 15 & 16 Vict. cc. 80, 86, was re
Your Committee, with the view of adding to fused, and it was held that the Acts did not the stability and importance of the Society, reapply to causes which were in the Masters' commend that it should not be confined exoffices when they came into operation. Routh clusively to Articled Clerks, as they consider 5. Tomlinson, 16 Beav. 251.
that the interests of the Society would be ma
terially consulted, if solicitors could be induced LAW STUDENTS' MUTUAL CORRE
to give it their countenance and co-operation, SPONDING SOCIETY.
by becoming honorary or ordinary members; and in furtherance of so desirable an object,
propose that solicitors be invited to become FIRST ANNUAL REPORT.
honorary members upon payment of a donation The Committee in presenting to the Mem- of half-a-guinea, or an annual subscription of bers this their First Annual Report of the pro- 58., or ordinary members upon the same terms ceedings and progress of the Society, have as the other members of the Society. great pleasure in being enabled to congratulate
CHARLES R. GILMAN, Hon. Sec. them upon the permanent establishment of
St. Giles' St., Norwich, April 9, 1854. an organised system of intercommunication amongst Articled Clerks.
66 Barristers Called Articled Clerks' Queries and Answers.-Correspondence. BARRISTERS CALLED.
vate reading be unreasonable?
It appears hard for one to be engaged during the fourth Easter Term, 1854.
year of service in copying and ordinary office LINCOLN'S INN.-May 1.
work, with now and then a conveyance to Jasper Kenrick Peck, Esq.
draw, and without any right of appropriating John Hutton Tayler, Esq., M.A.
some time to preparation for an examination George Pemberton, Esq., B.A.
which threatens to be of no ordinary character; Herbert Crichton Stuart, Esq., B.A.
and especially when the office hours are so Francis Barchard, jun., Esq., M.A.
heavy as those named above. And is not such William Worsley Knox, Esq., B.A.
a state of things (if there be anything unreaCharles Herbert Smith, Esq., M.A.
sonable in such an application) repugnant to William Hampden Perfect, Esq., LL.B.
the spirit of the articles usually entered into Charles Mahon Tyndall, Esq., M.A.
between master and clerk ? Cyrus Slater, Esq., B.A.
A CONSTANT SUBSCRIBER. Charles Meaburn Tatham, Esq., M.A. Thomas Prothero, Esq.
[We think that the attendance of an ar. Randolph Henry Crewe, Esq., M.A.
ticled clerk from 9 till 5 is generally suf. William Charles Wilks, Esq.
ficient, though on urgent occasions he should
continue his services to a later hour. He INNER TEMPLE.—May 1.
should have the evening to pursue his studies. John Edward Palmer, Esq.
The attorney is bound to teach and instruct William Rainy, Esq. Matthias Calthrow Turner, Esq.
his articled clerk in the profession of an at. George Bryan Bryan, Esq.
torney and solicitor, and to aid him in preparPatrick M'Gregor Robertson, Esq. ing for his admission on the Roll, and this Alfred Augustus James, Esq.
cannot be done without a regular course of Edwin Ward, Esq., B.A.
MODE OF SERVICE UNDER ARTICLES. Charles Pontifex, Esq., B.A.
An Articled Clerk is a member of the Ho. John James Heath Saint, Esq., B.A. nourable Artillery Company, the duties of Henry Charles Taylor, Esq.
which require his attendance not less than Hon. Francis Dudley Stuart Wortley. 24 times in the year, but after 6 o'clock in the
William George Granville Vernon Harcourt, evening. He is also liable to be called out to Esq., B.A.
suppress riots, and other extraordinary occaThomas Bell, Esq.
sions. Will this membership affect the service Philip Henry Le Breton, Esq.
under the articles ?
MILES. Jonathan Darby, Esq., B.A.
[We think not, if the clerk's absence be Joseph Augustus Yorke, Esq.
with the attorney's permission. The ExaMIDDLE TEMPLE.—May 1.
miners have recently held that service for 21 Hubert Lewis, Esq., B.A.
days in the local militia does not prejudice the Rowland Whitehall Kenyon, Esq., M.A.
clerk.-Ed.] Abercromby Robert Dick, Esq. John Turner Hopwood, Esq.
SELECTIONS FROM CORREHenry Edward Daniels, Esq.
INSURANCE AGAINST FIRE.
ance against fire in the General Life and Fire Edward Matthew Fenwick, Esq.
Insurance Company, and received an acknowledgment that X. B., having made a proposal
which is enARTICLED CLERKS' QUERIES AND for insuring the sum of £ ANSWERS.
tered in the office books, the same is accepted,
subject to the printed conditions of the office; HOURS OF ATTENDANCE.-TIME FOR STUDY, delivered, unless the company shall, by a letter
and a policy expressive of particulars will be To the Editor of the Legal Obserder and from their secretary, decline the insurance, and Solicitors' Journal.
in which case the money received will be reSIR,—I was articled about three years ago turned by application at the office. to a solicitor in the country. The office hours As this appears to be a novel proceeding, I (which during that time I have regularly ob- think it right to draw public attention to it, served) are from 9 A. M. to 8 P. M.
especially as no limit is fixed within which the Would an application for any, and how secretary is empowered to annul the insurance. much, time during those hours for any pri- Possibly some of your subscribers can inCorrespondence.-Candidates who passed the Examination. form the Profession whether the same principle attention drawn to the fact, that where it is is acted on in other offices.
necessary to copy tables or figures into a brief, CUI-BONO. it will be generally found, according to present
computation, that each will contain about three CHANCERY COSTS.
folios only. The charge of 38. 4d. a sheet in Should not a uniformity of practice exist in such cases for 10 folios, will often prove a loss Chancery charges, where exactly the same to the solicitor. trouble is taken, although the suit is com- The registrar before he settles the minutes or menced by a different form of proceeding. In passes an order, always inquires whether notice a claim or summons, the fee allowed as instruc- has been given to the opposite party, and if tions for and entering appearance for nine de- not, he requests it may be-this sometimes will fendants, would be 11. 18. On a bill or special extend itself to four or five solicitors, and procase, only 6s. 8d. is allowed. In the latter bably at some great distance-still no allowcases the instructions are generally much more ance is made for such notices, now considered extensive.
absolutely necessary. At Common Law such The Taxing Masters should also have their notices would be allowed.
CANDIDATES WHO PASSED THE EXAMINATION.
Easter Term, 1854.
Names of Candidates. Aldham, Robert Huxley Allen, James, jon. Amery, Henry Dickinson Arnall, Joseph Arundel, Robert Backbouse, Thomas James Batchelor, George Beetham Beale, Samuel Martin Bisdee, Thomas Denning Blagg, Charles Joba Bradshaw, Richard Brealey, Albert Brutton, William Courtenay Callaway, John, jun. Canbam,'Henry Crabb : Carr, Edward Statter Cartwright, Frederick Henry Chambers, William Chapman, George Cole, Henry Collinson, Jobo William Sowden Cooke, Cbarles James Crawford, William Henry Creery, Leslie Crowther, William Alfred Dalton, Thomas Masters Davies, Rees Thomas Davis, Frederick John Dinn, Henry Dodd, John Tbomas Drawbridge, William Dunn, William Dymond, Edward Ernest Dysart, William Hobson Earle, Augustus Percy, M. A. Everest, William Alexander . Faber, Henry Grey Fielding, Henry Footner, George Maughan Fry, Lewis Gaskell, Samuel Glubb, William Frederick Googb, Alexander Clement Foster, B. A. Gould, Thomas Gratton, Richard Thomas Green, James, jun. Greenway, John Haines, John Hickman, William
To whom Articled, Assigned, 8c.
Richard Backhouse • John Elliot Wilson
Robert Jobó Porcher Broughton • James Campeg Laycock
Edward Thomas Whitaker
Samuel Haines • Charles Davies
Candidates who passed the Examination.-Professional Lists. Names of Candidates.
To whom Articled, Assigned, &c. Hillman, Edward
John Tattersall Auckland Hillman, Robert William
Robert Hillman Hinde, Charles Heaton
Jobo Thompson; James Watkins Howell, Edward Joseph
Thomas Acres Curtis Hughes, Walter, jun.
Francis Kearsey Jaquet, George Robert
Thomas Moseley ; William Moseley Tayler Jeffery, Jobn Rust
Edward Lane Swatman Johnson, Samuel George
Knowles King Jones, Henry
Francis Gibbs Abell Jones, Samuel
John Hawley Edwards Kell, Thomas Edward
George Brooke Nelson Kelly, Charles Frewen, M. A.
John Peter Fearon King, Artbur Wightwick
Baldwyn and Morgan Lander, William May
Alfred Goddard Leathes, Charles Edmund Stanger
Samuel Cotton Lomax, Richard
Alfred Grundy Marshall, Thomas
George Furley; Stepben Charles Venour Marshall, William
John Edwin Marshall Mitchell, William Wagner
Thomas George Moordaff, William
Richard Armstead Morris, Thomas Porter
Tbomas Morris; Jobo Fortescue New, Francis Charles
William Gibson New, Frederick Bayly
Richard Bowerman; William Sandys Parker, William
Robert Cbristopher Parker Peek, Richard
Philip Octavius Jervis ; Hen. Moore ; John Bishop Pollard, John Metcalfe .
William Romaine Gregg Preston, Richard Montague
Timothy Tyrrell Rackham, Matthew Robert
Robert Wortley Robinson, Arthur Ingram
Dixon Robinson Robson, Edward
William Frogatt Robson Rowland, Richard
Christopher Robson ; Charles Henry Edmands Rudge, Edmund, jun.
Joshua Thomas Rush, Edward
John Roger Rush Sheppard, Charles Edward
Charles Augustus Helm; Edwin Wilkins Field Smith, Henry John
John Thomas Tenney Sturt, William
• William Charles Solé Swan, John
William Grant Allison ; Robert Swann Taylor, Albon
· Edward Erskine Tustin Taylor, George Whitfield
William George Thomas, Isaac
: Jobo Maybew; Ralph Darlington ; Thos. Frederick
Taylor Thompson, John
John Musgrave; Peter Wright Tibbits, John Markham
Arthur Bayley Markham Tompkins, Henry :
Inigo Gell; James Sowton Tootal, Montague Robert
James Wheeler ; Samuel Benjamin Merriman Tuke, Henry George
Charles Druce ; Rowland Nevitt Bennett Turner, William
George Wood Wadeson, James Weyman
Samuel James Wadeson; Charles Evans Walls, James Gordon
William Albert Walls ; Edward Frederick Burton Way, Charles
Henry John Mant; Nathaniel Bridges
John Mackrell; William Macmurdo Hacon
William Williams; George Williams Winter, George
George Joseph Twiss; Frederick Grain
DISSOLUTIONS OF PROFESSIONAL PART
PROFESSIONAL LISTS. 15, Hatton Garden, Attorneys and Solicitors.
Robinson, Alfred, and Robert Haynes, 17. Orchard Street, Portman Square, Solicitors,
May 9. From 25th April to 19th May, 1854, both inclusive, with dates when gazetted. COUNTRY COMMISSIONERS TO ADMINISTER
OATHS IN CHANCERY. Barley, Edmund, Frederic James Wise, and Robert Dawbarn, jun., March, Isle of Ely, Appointed under the 16 & 17 Vict. c. 78, with Attorneys and Solicitors (so far as regards the
dates when gazetted. said Edmund Barley). April 25.
Burd, Lawrence, Shrewsbury. May 2, Jameson, John, and Thomas Gibson Cant, Clark, Alfred, Moulton. May 5. Penrith, Attorneys and Solicitors. May 12. Collins, Thos., Bury St. Edmunds. May 2.
Kidson, John, and Henry Dixon, Sunder- Hawke, Henry, Sheffield. May 19. land, Attorneys and Solicitors. April 25. Hinton, Frederic, Lyme Regis. May 2.
Orchard, Thomas, and George James Eady, Macaulay, Wm. Henry, Leicester. May 16. Profes. Lists.--Notes of Week.-Superior Courts: V. C. Kindersley.-V.C. Wood. 69 Metcalfe, Frederic Morehouse, Wisbeach. Frederick North, Esq., for Hastings, in the May 9.
room of Musgrave Brisco, Esq., who has acPage, George, Birmingham. May 19. Page, William Sutton, Stroud. May 9.
cepted the office of Steward of her Majesty's Payn, William, Birmingham. April 25.
Chiltern Hundreds. Pinniger, Henry William, Westbury. May 5. Sir Thomas Erskine Perry, Knight, for Stevens, Richard, Witham. May 19. Stevenson, John Mackeness, Northampton. Henry Tufnell, who has accepted the office of
Devonport, in the room of the Right Hon, May 16.
Steward of her Majesty's Manor of Northstead, PERPETUAL COMMISSIONER. Appointed under the Fines and Recoveries' Act,
LAW APPOINTMENTS. with date when gazetted.
Gillery Pigott, Esq., has been appointed Simonds, Robert Withington, Winchester, Counsel to the Board of Inland Revenue, in in and for the City of Winchester, also in and for the County of Hants.
the room of Thomas Phinn, Esq., M. P., ap
pointed Counsel to the Admiralty and Judge NOTES OF THE WEEK.
Advocate of the Fleet.
NEW MEMBERS OF PARLIAMENT.
COLONIAL LAW APPOINTMENTS.
Herry Manners, Baron Waterpark, for the The Quran has been pleased to appoint city of Lichfield, in the room of Thomas Geo. William Young, Esq., to be Attorney-General, Anson (commonly called Viscount Anson) now and William A. Henry, Esq., to be SolicitorEarl of Lichfield, called up to the House of General for the Province of Nova Scotia.Peers.
From the London Gazette of May 23.
RECENT DECISIONS IN THE SUPERIOR COURTS.
Vice-Chancellor Mood. In re Drewry's Trusts, exparte Overseers, 8c.,
Shroeder and others v. Shroeder. May 5, 1854. of Whitehaven. May 5, 1854.
HEIR-AT-LAW. MAINTENANCE OF LUNATIC PAUPER AND WIPE AND CHILD. — PAYMENT OUT OF
A testator, by his will, dated in 1825, devised
all his real estate of or to which he then was FUND IN COURT.
or at the time of his decease should be seised An order was made on petition for the pay- or entitled, or which he then had or there
ment of the expenses for the support of a after should have power to dispose of or lunatic pauper in an asylum, and of his wife appoint by will, on certain trusts for his and child by the parish, out of a fund paid wife and children, and by a codicil in 1827, into Court under the 10 g: 11 Vict. c. 96, after reciting a contract for the purchase to which he was entitled, with a declaration of an estate, he directed the same to be held that the fund was liable for the future on the trusts of the will. The estate was maintenance.
afterwards conveyed to him on the usual This was a petition for the payment to the
trusts to bar dower : Held, on special case, petitioners of the expenses for the support of
that as it was the testator's intention by his lunatic pauper in an asylum, and of his wife
codicil to confirm his will, but the subseand child, out of a fund'in Court paid in under
quent conveyance took the estate out of the the 10 & 11 Vict. c. 96, to which he was en
codicil, and it passed to the eldest son as titled, and for a declaration that such fund was
heir-at-law, the heir-at-law was put to his liable for the future maintenance. The fund
election to take under the will or such had not been invested.
estate. Tripp, in support, cited In re Upfull’s Trust, This was a special case under the 13 & 14 3 M N. & G. 281; Read v. Legard, 6 Exch! Vict. c. 35. The testator, by his will, dated R. 636.
in July, 1825, devised all his real estates of or The Vice-Chancellor said, there was great to which he then was, or at the time of his difficulty with respect to applying the
decease should be, seised or entitled, or which
corpus of a pauper's property, for past expenses
he then or thereafter should have power to of maintenance, although the income might dispose of or appoint by will, upon the trusts properly have been so applied, but upon the therein mentioned for his wife and children. authorities cited the order would be made as By a subsequent codicil, after reciting a conasked,
tract entered into in November, 1827, for the purchase of freehold property at Stockwell
, he declared that it should be held by his execu