« EelmineJätka »
EQUITY TO SETTLE.
Superior Courts : Lords Justices.--V. C. Kindersley.
271 case was never seised, and having died before examiner to examine witnesses whose evidence admittance, could not be seised by relation or was required on the taxation of costs under the otherwise. The plaintiff could not have com- decree in this suit. The examiner objected to pelled her husband to be admitted during his proceed without a special order. lifetime, and she had no better right upon
Malins and C. Browne in support; Greene, his death to call on his heir to be admitted, contrà. She had, therefore, no grounds whatever for The Lords Justices said, that the names of equitable relief against the heir, and it was some of the witnesses, whom it was intended difficult to see how the heir could be treated as to examine, must be mentioned, and the applia trustee, and in the absence of fraud or other cation stood over accordingly. special circumstances, it would be going beyond any existing authority to convert" him
Vice-Chancellor Rindersley. into a trustee (Vaughan v. Atkins, 5 Burr. 2764; D'Arcy v. Blake, 2 Sch. & Lef. 387). The Morgan v. Morgan. July 29, 1854. bill must tberefore be dismissed without costs, but if, however, she wished to try the question at law, it would be retained for a year, with
MENT ON HUSBAND'S INSOLVENCY. liberty to apply by mandamus or otherwise, as A married woman became entitled, since the she might be advised; the costs to be reserved, insolvency of her husband, to a sum of but if she failed the bill would then be dis- 9201. : Held, that there must be a settlemissed with costs.
ment to her separate use of the whole, and
after her death the capital to go to the In re Lancashire and Yorkshire Railway Com
children of the marriage. pany, exparte Macaulay. July 29, 1854. Pearson appeared in support of this petition
on behalf of Mrs. Morgan for the settlement to RAILWAY COMPANY.-INVESTMENT OF PUR- her separate use of a sum of 9201. to which CHASE-MONEY IN LEASEHOLD FOR 1000 she had become entitled since the insolvency
of her husband. Held, that an investment cannot be ordered Osborne for the husband, contrà, as to a
under the 8 & 9 Vict. c. 16, s. 69, of the moiety of the fund. purchase-money of freehold lands taken by The Vice-Chancellor said, that there must be a railway company in the purchase of lands a settlement as prayed,--the children to take held on lease for 1000 years of which 750 the capital upon the wife's death. were unexpired, although the demise contained no covenants nor proviso for re
In re Good Intent Benefit Society. July 28, 31, entry.
1854. This was an application under the 8 & 9
NEW TRUSTEES, Vict. c. 16, s. 69, for the investment of the Trustees' Act 1850. purchase-money of certain freehold lands taken by the above railway company in the purchase of premises held on lease for 1000 years, and An application under the 13 & 14 Vicl. c. 60, of which 750 were unexpired.
s. 32, for the appointment of new trustees, Dart, in support, stated that in the demise was directed to be made to the Lord Chan. there were no covenants nor proviso for re
cellor or Lords Justices, where one of the entry, citing In re Cann's Estate, 19 Law J., former trustees was of unsound mind. N. S., Ch., 376, where Bruce, Lord Justice, This was a petition under the 13 & 14 Vict. when Vice-Chancellor, had sanctioned an in- c. 60, s. 32, for the appointment of two new vestment in copyholds.
trustees of this society, upon the death of one The Lords Justices (without calling on Bacon, and the other being of weak intellect. contrà) said, that the section referred to did Taylor and Hallett for the several parties. not confer any jurisdiction to make the order The Vice-Chancellor said, that the Act conasked, and the application was accordingly ferred no jurisdiction with reference to the rerelased.
moval of the trustee of unsound mind, and
that the application must therefore be made Farquhar v. Addington. July 31, 1854.
either the Lord Chancellor or Lords Jus.
tices. EXAMINATION OP WITNESSES AFTER DE.
In re Stane's Trust. July 31, 1854. Quære, whether the examiner can, after de
cree, proceed to examine witnesses whose BEQUEST OF LEGACY FOR DISTRIBUTION evidence is required on the taxation of costs without a special order.
Bequest of 500l. to be distributed by executor But on an application for such order being among the poor and needy of a parish in
made, it is necessary to mention the names every respect as he should choose. The of some of the witnesses whom it is in. executor died without having proved, and tended to examine.
the residuary leratee administered and paid This was an application for an order on the the legacy into Court. The parish rate
WHERE ONE OF UNSOUND MIND, JURIS-
CREE ON TAXATION OF COSTS.
AMONG POOR AND NEEDY OF PARISH.
EQUITY JURISDICTION IMPROVEMENT ACT.
-DELIVERY OF PRINTED COPIES OF
Superior Courts: V. C. Kindersley.-V. C. Stuart.-7. C. Wood. payers had resolved that the fund should clared that if any of her said children should be applicable to the two national schools ; die, leaving any child or children, such child but the Attorney-General had certified that or children, if more than one, should have and the dividends should be paid to a dispen- take the share of his, her, or their respective sary near the parish in order that the poor parent equally. This special case was now might receive medical relief, and order ac- presented under the 13 & 14 Vict. c. 35, as to cordingly.
the construction of the will. The testatrix, Mary J. Stanes, by her will,
Smale for the children of the testatrix ; Bagdated in December, 1837, gave to her executor, shawe for the grandchildren; Surrage for the Mr. Larcher, the sum of 5001. to be distributed surviving executor and trustee. by him among the poor and needy of the parish
The Vice-Chancellor said, that the children of Great Baddow in the county of Essex, in of the testatrix who survived her were entitled every respect as he should choose. It appeared to their shares absolutely, and that they did that Mr. Larcher died without having proved not only take for life with remainder to their the will, and that one of the residuary le- children. The costs of all parties to come out gatees had administered and paid the amount of the estate. into Court. A meeting of the rate-payers
had been held, at which it was resolved that the
Vice-Chancellor Ludod. sum in question should be applied for the two
Tapping v. Hooper. July 27, 1854. national schools of the parish under the direction of the Court, and this petition was presented by the parties about to act as the trustees for the purpose. On the hearing, in July, 1853, the matter was referred to the Attorney
The plaintif had not delivered, under the 15 General, who now certified that the fund should
8: 16 Vict. c. 86, s. 7, two printed copies be invested in the names of trustees, and the
of the bill pursuant to notice : Held, that dividends be paid from time to time to the
he was liable to the costs of a motion for funds of the Chelmsford dispensary, near
such delivery, or for the bill to be taken of which the parish of Great Baddow was situate,
the file, although an order had been obtainin order that its sick poor might receive medi
ed at the Rolls dismissing the bill, with cal relief under the nomination of the trustees,
costs, where such order was not obtained and this application was now made for an order
before service of the notice of motion. in accordance with such certificate.
This was a motion upon notice for an order Selwyn and Cairns in support; Terrell on the plaintiff to deliver two printed copies of for the Attorney-General; Osborne for other the bill filed in this suit pursuant to the 15 & parties.
16 Vict. c. 86, s. 7,' or in default that the bill The Vice-Chancellor made the order as asked should be taken off the file. It appeared that and for the appointment of the four trustees. his Honour had, on July 26, ordered the de
livery forthwith, but that the copies had not
Bevir in support.
Terrell, contrà, as to costs,—the common - CONSTRUCTION. - WHETHER GIFT order having been obtained at the Rolls dis.
missing the bill with costs. A testatrir directed her executors to raise
The Vice-Chancellor said, that as the notice
of this motion had been served before the bill 8001. in trust, to divide the same into eight equal parts, and to pay one part to each of
was dismissed, the defendant was entitled to
· Which enacts, that “the plaintiff in any
printed copies of his bill of complaint or claim life estate only, with remainder to their for the same at such rate as shall be prescribed
as he shall have occasion for, upon being paid children.
by any General Order of the Lord Chancellor The testatrix, by her will, directed her exe- in that behalf.” The 5th Order of August 7, cutors to raise a sum of 8001., in trust, to di- 1852, directs that “the payment to be made by vide the same into eight equal parts, and to pay the defendant to the plaintiff for printed copies one part to her daughter, Mrs. Gray, or in the of the bill or claim shall be at the rate of one event of her death in her lifetime, then to her halfpenny per folio ;” and Order 6, " that no husband, another part to the children of a de- defendant shall be at liberty to demand from ceased daughter, another part to a son, and as the plaintiff more than 10 printed copies of his to the remaining five parts, in trust, to pay one bill or claim." part to each of her other children, and she de
ABSOLUTE OR FOR LIFE.
SATURDAY, AUGUST 12, 1854.
POSTPONED LAW BILLS IN PAR- Jurisdiction of the Stannaries Courts ;LIAMENT.
and the Registration of " dishonoured"
Bills of Exchange, for the purpose of enThe Session being about to close, it may forcing payment in six days, at the peril of be convenient to review briefly the various immediate execution. measures for the alteration of the Law 4th. The Declaratory Suits' Bill, to dewhich have been introduced or notified to termine the future rights of parties and Parliament, and subsequently negatived or perpetuate the testimony of witnesses in abandoned. Taking them in the order of support of, or in opposition to, anticipated their importance, as they might have af- claims or subjects of litigation. fected the interests or convenience of the 5th. The Bill for the further amendment Profession, they are as follow :
of the Law of Patents. Ist, The Bills relating to the Ecclesi- 6th. The Assimilation of the Mercantile astical Courts. These were four in num- Laws of England, Ireland, and Scotland. ber, namely : the Testamentary Jurisdic- 7th. The amendment of the Metropolition Bill ;—the Divorce and Matrimonial tan Buildings' Act,-a measure, no doubt, Causes' Bill ;—the Amendment of the Law much needed in many respects, but difficult of Adultery as to Actions for Criminal to effect, consistently with existing rights Conversation ;-and the Marriage of Dis- and interests. senters.
8th. The six Bills relating to Parlia2nd. The Bills affecting the Law of Pro- mentary Elections, namely :-the Trial of perty and Conveyancing, viz: The Con- Election Petitions ;-the prevention of Corveyance of Real Property Amendment Bill, rupt Practices at Elections; the abolition of as to the taxation of costs according to the Property Qualification of Members ;skill, labour, and responsibility ;-the Ap- the abolition of Members' Privilege from portionment of Rent ;-the Personal Estate Arrest ;-the vacating the Seats of Memof Married Women ;-Disposal of Property bers on accepting Government Offices;by Persons under Religious Vows ;--the and a second Bill for the Prevention of Amendment of the Law of Mortmain ;- Bribery. Succession of Real Property of Intestates 9th. The Criminal Law Bills, – viz., nine by all his Children or Next of Kin ;– for the Consolidation of the Criminal Law, Amendment of the Law of Simony for the besides the following :-Amendment of Cripurpose of preventing the Sale of next Pre- minal Procedure ;-appointment of Public sentations ;--the Drainage of Lands ;-and Prosecutors ; abolition of the Punishment the Establishment of Joint-Stock Executor of Death ;-the Prevention of Frauds as to and Trustee Companies for the Administra- Bills of Exchange ;-and the extension of tion of Private Trusts.
the Police system throughout England and 3rd. The enforcement of Executions on Wales. English Judgments in Ireland and Scotland, 10th. Several Bills were also proposed and of Irish and Scotch Judgments in Eng- for the amendment of the Poor and Paroland ;-—the substitution of Declarations in chial Laws,-namely, 'the Law of Settlelieu of Oaths ;-the amendment of the Law ment ;-Uniform Assessment throughout of Arbitration ; – the extension of the the Kingdom ;-abolition of Church Rates ;
VOL. XLVIII. No. 1,379.
Postponed Law Bills in Parliament. -and the further regulation of Parish will of course take such course as they may Vestries.
be advised for carrying their intentions into
effect. It will be seen from this long catalogue, The Laws of Mortmain will probably that of the numerous Bills brought before again come under review, but great caution Parliament relating to the Law, so large a will be necessary in framing restrictions number as 47 have been either actually re- against charitable bequests. The clauses jected, or abandoned as hopeless, at least in that respect formed the principal objecfor the present Session. Several of the tion to the recent Bill. measures, however, will, no doubt, be re- The Bill for the Registration of Dis. vived in the next Session, and the postpone-honoured Bills of Exchange has already ment of some of them will naturally be been revived by the Noble Lord who promuch regretted. The Public, as well as posed the recent enactments, but in the new the Profession, had long anticipated the Bill some modifications we understand have reform or abolition of the Ecclesiastical been suggested. Before another Session, Courts. To what tribunals the testa. we may perhaps be favoured with the rementary and divorce jurisdictions should port of the Commissioners on Mercantile be transferred, will again be the subject of Law, accompanied by the evidence they are debate in the next Session. Whether they collecting on this and the numerous other are to be distinct Probate and Divorce points of dissimilarity between the laws of Courts, or the Court of Chancery is to England and Scotland. absorb the former, and the Common Law From the petitions which have been reCourts the latter, will be matter for future cently presented, it appears that a consiconsideration. It cannot, however, be ex- derable part of the commercial classes are pected that the contemplated reform can in favour of a speedier remedy than now be much longer delayed. After Parlia- exists for enforcing the payment of bills of mentary Committees, Royal Commissioners, exchange. If this really be the general and the public Press have so strongly con: wish of the public, in consequence of any demned the present system, we may rea- existing grievance, the present period of 16 sonably expect that, in some form or other, days under the Common Law Procedure a large measure of reform will take place at Act may be shortened, and to prevent an early period.
pleas for delay, the defendant may be reIn another Session we may also look quired to verify his defence by affidavit, to forward to important changes in the de- the same effect as would be required under partment of Conveyancing, and therewith the proposed Act to entitle him to go to it is probable an alteration will be effected trial. in the mode of remunerating solicitors, The other Bills comprised in the precedproportioned to the skill and labour they ing statement, do not prominently affect bestow, and the responsibility they incur, the interests of the Profession, and the rather than the length of legal documents. consideration of them may therefore be deIf that change should be effected with re- ferred to a more convenient opportunity, gard to the transfer of property, it will pro- either when they reappear on the table of bably be extended to suits in Equity and the House, or are again brought into public proceedings at Law. The projectors of the notice. late Joint-Stock Trustees and Executors' There are a few more Bills, the fate of Companies, may perhaps again make their which is not yet finally decided for the appearance, but not with the imposing title Session, to which we shall hereafter adof the South Sea Corporation, for its affairs, vert. In the Postscript will be found the we understand, will be wound up forth- latest information, at the time we go to with.
press, of the state of the remaining Bills. We know not that the Profession need The Court of Chancery Bill, relating to the resist the proposed alteration of the law Assessment of Damages, has been postregarding the Succession to real Property poned; and in the other Bill, the Clauses where the owner dies intestate. Either by for appointing “ Clerks of Receivers’ Acwills, or settlements, large landed estates are counts,” have been struck out. for the most part secured to the head of the family, and the proposed alterations
· Whether these petitions are really spon. would be limited to cases where no will or
taneous, or got up” hy the promoters of the settlement existed. Forewarped of the ceded the introduction of the measure.
measure, does not appear. None of them prechange in the law, the “ landed interest”
New Statutes effecting Alterations in the Law.
275 NEW STATUTES EFFECTING ALTE-1 with food as aforesaid, in like manner as any RATIONS IN THE LAW. penalty or forfeiture, or any damage or injury
might be recovered under and by virtue of any
of the powers or authorities in the said Act The Acts of the present Session printed in contained, and which value of the food and the present Volume, with an Analysis to each, nourishment so to be supplied as aforesaid, will be found at the following pages :
such justice was thereby fully authorised and
empowered to ascertain, determine, and enIncome Tax, cc. 17, 24, pp. 46, 134, ante. force as aforesaid ; and every person who Commons' Inclosure, c. 9, p. 64.
should have so supplied such food and County Court Extension, c. 16, 121.
nourishment as aforesaid should be at liberty, Registration of Bills of Sale, c. 36, p. 216.
if he should so think fit, instead of proceedWarwick Assizes, c. 35, p. 218.
ing for the recovery of the value thereof as
last aforesaid, after the expiration of seven Attendance of Witnesses, c. 34, p. 235. clear days from the time of impounding the
Evidence in Ecclesiastical Courts, c. 47, p. same, to sell any such horse, ass, or other 254.
cattle or animal, openly at any public market
(after having given three days' public printed Commons' Inclosure (No. 2), c. 48, p. 254. notice thereof) for the most money that could
be got for the same, and to apply the produce CRUELTY TO ANIMALS.
in discharge of the value of such food and 17 & 18 Vict, c. 60.
nourishment so supplied as aforesaid and the The Preamble recites the 5 & 6 Wm. 4, expenses of and attending such sale, rendere. 59, and 12 & 13 Vict. c. 92.
ing the overplus (if any) to the owner of such All persons who have impounded animals, aforesaid neglecting or refusing to supply such
cattle or animal; and any such persons as and provided food, &c., since passing of 12 cattle or animal with such food as aforesaid & 13 Vict. c. 92, or shall hereafter impound, were made liable to certain penalties: and &c., may recover expenses. Power to sell whereas by an Act passed in the session of animals, &c., after being impounded seven Parliament holden in the 12 & 13 Vict., intidays; s. I.
tuled " An Act for the more effectual PreyenProvision of 2 & 3 Vict. c. 47, as to the tion of Cruelty to Animals,” the said first reusing of dogs for purposes of draught with- cited Act and a certain other Act
extending in the metropolitan district extended to all the provisions of the same to Ireland were reparts of the United Kingdom ; s. 2.
pealed; and by the said Act of the 12 & 13
Vict., it was enacted, that every person who Interpretation of terms; s. 3.
should impound or confine, or cause to be im
pounded or confined, in any pound or recepThe following are the Title and Sections table of the like nature, any animal, should
provide and supply during such confinement a An Act to amend an Act of the Twelfth and and water to such animal
, and every such per
sufficient quantity of fit and wholesome food Thirteenth Years of her present Majesty for the more effectual Prevention of Cruelty to and supply such animal with such food and
son who should refuse or neglect to provide Animals.
[31st July, 1854.]
water as aforesaid should, for every such Whereas by an Act passed in the Session offence, forfeit and pay a penalty of 20s.; and of Parliament holden in the 5 & 6 Wm. 4, c. power is thereby given in case of neglect for a 59, intituled “ An Act to consolidate and certain time to supply such food and water for amend the several Laws relating to the cruel any person to supply the same, and the reaand improper Treatment of Animals, and the sonable cost of such food and water is to be Mischiefs arising from the driving of Cattle, paid by the owner of such animal before such and to make other Provisions in regard there-animal is removed to the person who shall to, " every person impounding any horse, ass, supply the same, and the said costs may be or other cattle or animal was required to sup-recovered in like manner as therein provided ply such cattle or animal daily with good and for the recovery of penalties under the said sufficient food and nourishment whilst im-Act: and whereas it is doubtful whether the pounded; and by the said Act every such per- last recited Act gives any remedy to the person son who should so find, provide, and supply impounding for the recovery of a compensaany such borse, ass, or other cattle or animal tion for the food and water provided for any with such daily food and nourishment as afore- animal, and no power is given to sell the said should and might and they were thereby animal, although full provisions for those purauthorised to recover of and from the owner or poses were contained in the said first recited owners of such cattle or animal not exceeding Act : be it therefore enacted as follows :double the full value of the food and nourish- 1. Every person who since the passing of ment so supplied to such cattle or animal, by the said Act of the 12 & 13 Vict. has improceeding before any one justice of the peace pounded or confined, or hereafter shall imwithin whose jurisdiction such cattle or animal pound or confine as in the said Act mentioned, should have been so impounded and supplied any animal, and has provided and supplied or