« EelmineJätka »
Attorneys to be Admitted.
To whom Articled, Assigned, &c.
J. Parrott, Stong Stratford Parsons, Charles William, 19, Storr-street, Bed. ford-square; and Alfred-place
F. J. Jessopp, Derby Pattison, Henry John, 74, Oxford-street
H. B. Wedlake, King's-bench-walk Paull, Henry, 12, Lincoln's-inn-fields
F. A. Trenchard, Taunton
E. L. Pemberton, Whitehall-place
road ; Arlington-street; and Temple Cloud W. R. Mogg, Temple Cloud
R. Price, Stourbridge Pigott, William, Ely, Cambridge
J.P. Lawrence, Cambridge ; F. Barlow, Cambridge Plaskitt, Joseph, 29, Walton street, Brompton; and Louth
C. Ingolby, jun., Louth Player, Joseph Norton, 9, Turreit-grove, larkhall-lane
C. N. Cole, Adelpbi-terrace Plunkett, Henry, 3, Bridge-cottages, Walworth ; and Stourbridge
H. Corser, Stourbridge Potter, Henry, Guildford
T. A.Curtis, Guildford
J. Powell, Birmingham
J. F. Fussell, Bristol
H. Remington, Ulverstone
J. Holyoake, Droit wich
E. Foster, Cambridge Robinson, Edward, 2, Burton-crescent; Miltonstreet; and Clifton
D. Russell, York
G. M. Salt, Shrewsbury
W.J. Beale, Birmingham
J. Burton, Queen's-square
W. Sharp, Verulam-buildings
R. Sheppard, Wells
Frederick-street; and Brownlow-street G. Hodgkinson, Wirksworth
M, P. Moore, New Sleaford
S. Carter, Birmingham Stend, Richard William, Manchester
T. P. Bunting, Manchester Stephens, Thomas Henry, 22, Everett-st., Russellsquare; and Maidstone .
J. C. Stephens, Nlaidstone Stephenson, Tbomas, 33, Kenton-street, Brunswick-square ; and Whitby
A. Stephenson, Whitby Tandy, Thomas, 4, Spencer-street, Clerkenwell; and Gerrard-street
H. Hyde, Ely-place Taylor, George Whitfield, 4, Croom's-bill, Green
wich; Wharton-street; and Bolton-le-Moors. W. George, Bradford Thompson, James, jun., Essex-place, George-road, Dalston; and Hunslet, near Leeds.
H. Nelson, Leeds; A. Turner, Aldermanbury Tibbits, John Markham, 6, Foley-terrace, Pentonville; and Northampton
A. B. Markham, Northampton Tocque, Geo. Richard Fletcher, 41, Downlam
road, Islington; and Gracechurch-street C. Leake, Witner; J. W. Flower, Gracechurch-st. Tombs, Henry Coggan, Lroitwich .
S. Tombs, jun., Droitwicla Trerenen, William, 11, Essex-street, Strand ; and
8, Stanhope-street, Mornington-crescent. P. Nelson, Essex-street Tucker, Edward, Bath
W.C. Gill, Bath Tuke, Henry George, 27, Upper Southwick-street, C. Druce, Billiter-square ; R. N. Bennett, LinHydepark
Notes of the Week.Superior Courts : Lord Chancellor.-Lords Justices.
289. Clerks' Names and Residences.
To whom Articled, Assigned, 8:c. Underhill, James Edward, Wolverhampton H. Underhill, Wolverhampton Walker, George, 1, Southampton-street, Fitzroy-sq. J. Birt, Southampton-street, Fitzroy-square Walls, James Gordon, Millfield-lane; Higbgate- W. A. Walls, Bloomsbury-square; E. F. Burton, rise
Chancery-lane Walter, Alfred, Birmingham.
G. Edmonds, Birmingham Watts, Henry Sborland, 22, Stanhope-st., Hampstead-road; and Yeovil .
H.M. Watts, Yeovil Whatman, C. M. Cornwallis, 2,
River-street, Putney; and Caversham
J. J. Blandy, Reading Whitgreave, Thomas John, 37, Hart-st., Bloomsbury; and Walsall
S. Wilkinson, jun., Walsall Williams, George St. Swithin, articled as George G. F. Druce, Oxford; E. B. Randall, Gray's-inn.
Williams, Highgate-rise ; Kentish-town place Wooldbridge, Charles, 3, Vernon-place, Blooms.
C.J. Tylee, Romsey Wyatt
, Joseph, 10, Charles-street, Trevor-square, Knightsbridge
G. Atkinson, Bedford-row
Added to the List pursuant to Judge's Orders.
J. P. Ashton, Higher Broughton, near Manchester Fox, Thomas, 2, Sidmouth-street, Gray’s-inn-road; and Dover
E. Elwin, Dover Haines, Wm. Tertius, 14, Manchester-buildings, W. Haines, Birmingliam ; F. J. Welch, jun., BirWestminster; and Harborne .
W.H. Duignan, Walsall
T. Parker, 18, St. Paul's Churchyard
P. Pearce, Newton Abbott; W. Jennings, Lime
street Lomer, Walter Abraham, 59, Doughty-street, Bedford-row; and Southampton
D. S. Morice, Coleman-street MʻGowen, William Thomas, Liverpool
Williams and M.Leod, Temple; W.Shuttleworth,
Liverpool Oliver, George James, 13, Lawrence-lane, Cheapside
H. Lloyd, 36, Milk-street, Cheapside Scholes, Charles Robert, jun., Dewsbury C. R. Scholes, sen., Dewsbury; M. Kidd, Holmfirth Thompson, Charles Robert, 118, Great Russell-st. ; W. Perry, Whitehaven; W. H. Ashurst, 6, Old and Kelswick-house, near Whitehaven
Jewry Webster, John, Whitehaven
: J. Musgrave, Whitebaven
NOTES OF THE WEEK. zette, as the day fixed for the prorogation of
Parliament. Unless something very extra
ordinary should occur during the War with This day, the 12th of August, has been an
Russia, we may expect that it will not re-asnounced by a Supplement in the London Ga- semble till next February.
PROROGATION OF PARLIAMENT.
RECENT DECISIONS IN THE SUPERIOR COURTS.
C. Hall in support.
The Lord Chancellor made the order as Londonderry v. Vane. Aug. 5, 1854.
asked. SERVICE OF LETTERS MISSIVE ON OUT OF JURISDICTION.
Lords Justices. Order on motion under the 2 Wm. 4, c. 33, for leave to serve letters missive on a peer In re Booth. August 2, 1854. in Ireland, and if no appearance were
TRUSTEES' ACT, 1850.-LUNATIC TRUSTEE. entered within eight days, a printed copy of
- JURISDICTION. the bill to be served under the 15 & 16 Vict. c. 86, s. 3.
New Trustees were appointed under the 138
14 Vict. c. 60, s. 32, in the stead of one This was an application under the 2 Wm.
who had died and of the other who was of 4, c. 33, for leave of the Court to serve letters
unsound mind, on petition in lunacy. missive in this suit on Lord Portarlington and the Marquis of Drogheda, who were in Ire- Quære, whether the Vice-Chancellor has jue land, and that if no appearance were entered
risdiction to appoint in the stead of a within eight days, a printed copy of the bill
lunatic trustee. might be served on them, in accordance with
This was a petition under the 13 & 14 Vict. 8.3 of the 15 & 16 Vict. c. 86.
C. 60, s. 32, for the appointment of new trus.
Superior Courts : Lords Justices.-Rolls. tees in the stead of one who had died and of now sought might be obtained by an order of another who was of unsound mind, but not revivor under the 15 & 16 Vict. c. 86, s. 52, so declared by commission. The Vice-Chan- and in future that course must be adopted, but cellor Kindersley had, in In re Good Intent that as the plaintiff might have been misled by Benefit Society, reported ante, p. 271, declined the decision of the Dean, 8c., of Ely v. Ed to make the order on the ground that the pe- wards, 22 Law J., N. S., Ch., 629, the order tition should have been presented to this would be made in the present case. Court in lunacy.
Hallett and Cotton for the several parties. The Lords Justices, without deciding whe-Shaw v. Hardingham and others. July 22, 1854. ther the Vice-Chancellor had no jurisdiction, EQUITY JURISDICTION IMPROVEMENT ACT. made the order as prayed.
-SALE BY EXECUTORS IN FORECLOSURE
Master of the Rolls.
In a foreclosure claim a motion was granted
under the 15 and 16 Vict. C, 86, s. 55, for Attorney-General v. Pretyman. Aug. 4, 1854. a decree for the sale of real estate by the CHARITY LEASE.-IMPROVED RENT. -OUT- executors of the mortgagor's will, with a LAY OF LESSEE.
power of sale on the death of a tenant for Upon the expiration of a charity lease, an
life, and held that the persons entitled increased rent was offered by another
upon the determination of the life estate person, and it appeared that the existing were sufficiently represented by the exelessee had expended a large sum in im
cutors under s. 42, rule 9. provements on the faith of the lease being This was a motion in this claim for fore. renewed : Held, that he was entitled to have closure of a mortgage, under the 15 & 16 Vict. the option of continuing at the higher rent, c. 86, s. 55,” for a decree for sale on the deor of having an allowance made for his fendants, who were the executors under the outlay.
mortgagor's will. There was a power of sale This was a petition on behalf of the Master upon the death of the tenant for life, who was of the Mere Hospital, Lincoln, for leave to made a defendant. grant a lease of a farm belonging to the W. Hislop Clarke, in support, referred to s. charity to a Mr. Harrison. It appeared that 42, rule 9, which enacts, that “ in all suits the recent lessee had paid a rent of 8001. a concerning real or personal estate which is year, but had laid out about 2,0001. in im- vested in trustees under a will, settlement, or provements on the faith of obtaining a re- otherwise, such trustees shall represent the newal of his lease. Mr. Harrison was willing persons beneficially interested under the trust, to give a rent of 1,000l. a year.
in the same manner and to the same extent as R. Palmer and Shapter in support ; Wickens the executors or administrators in suits cone for the present lessee; Terrell for the Attorney-cerning personal estate represent the persons General.
beneficially interested in such personal estate; The Master of the Rolls said, that the present lessee must be allowed the option of I Which enacts that "upon any suit in the taking the farm at the increased rent, and that said Court becoming abated by death, mar. if he did not continue lessee he must have riage, or otherwise, or defective by reason of compensation for his outlay.
some change or transmission of interest or lia
bility, it shall not be necessary to exhibit any Edwardes v. Batley and others. July 18, 1854. obtain the usual order to revive such suit, or
bill of revivor or supplemental bill in order to EQUITY JURISDICTION IMPROVEMENT Act. the usual or necessary decree or order to carry
on the proceedings; but an order to the effect AC- of the usual order to revive, or of the usual
supplemental decree may be obtained as of Held, that upon the death, in an administra- course upon an allegation of the abatement of
tion suit by an executor and trustee against such suit, or of the same having become de-
Court that it will be necessary or expedient In this administration suit by an executor that the said real estate, or any part thereof, and trustee against the co-executor and the should be sold for the purposes of such suit, parties beneficially interested, it appeared that it shall be lawful for the said Court to direct a supplemental bill had been filed upon the the same to be sold at any time after the iodeath of the defendant intestate, against his stitution thereof, and such sale shall be as personal representative, seeking the admission valid to all intents and purposes, as if directed of assets, or in default an account.
to be made by a decree, or decretal order, on The Master of the Rolls said, that the object the hearing of such cause."
-ORDER OF REVIVOR. - ADMISSION
-CONSENT OF CROWN.
CROWN-RIGHT TO COSTS IN EQUITY.
Superior Courts : .V. C. Kindersley.-V. C. Stuart.-V. C. Wood.
291 and in such cases it shall not be necessary to
Cice-Chancellor Stuart. make the persons beneficially interested under Atlee y. Hooke, June 9, 1854. the trusts parties to the suit; but the Court may, upon consideration of the matter, on the PAYMENT OF LEGACY TO WIFE OF CONVICT. bearing, if it shall so think fit, order such persons, or any of them, to be made parties.” A sum of money had been carried to the seThe Master of the Rolls held that the parties
parate account of u married woman in an entitled upon the determination of the tenancy
administration suit : Held, that she was for life were sufficiently represented by the
entitled to be paid over the same on her executors, and made the decree as sought.
receipt where her husband had been transported for life before the testatrix, under
whose will she took, died, without the At. Cice-Chancellor Kindersley.
torney-General being served. English v. Campbell. July 29, 1854. The testatrix in this administration suit, by SUBSTITUTED SERVICE OF SUBPENA FOR
her will appointed the defendant, Mrs. Petley, COSTS.
one of her residuary legatees, and a sum of An order was made, that service of the sub-cash had been carried in the cause to her ac
count. This petition was now presented for pæna for costs, at the London address of the defendant and on his solicitors, should payment of the amount to her upon her rebe deemed good, where it appeared the an- life before the death of the testatrix.
ceipt, her husband having been transported for swer was sworn at Carlisle, and that communications left at such London address
Chichester, in support, cited Newsome v.
Bowyer, 3 P. Wms. 37. were duly forwarded to the defendant.
The Vice-Chancellor made the order, and This was a motion for an order, that service without service on the Attorney-General. of the subpæna for costs in this suit at the address given by the defendant in London, and Kane v. Reynolds. June 10, 1854. on his solicitors, might be deemed good service. It appeared that the answer had been sworn at Carlisle, and that communications left
Held, that the rule at law, that the Crown at the London address were duly forwarded to
neither pays nor receives costs, does not the defendant.
prevail in equity. Freeling in support, referred to Danford v.
Upon the Solicitor of Treasury, therefore, takCameron, 8 Hare, 329, in which Hunter v.
ing possession of the personal estate of an in6 Sim. 429, is cited.
testate under letters of administration which The Vice-Chancellor, upon the authority of
were afterwards revoked and granted to the the case cited, made the order accordingly.
next of kin, held that he was not entitled to deduct the amount of his costs of a suit by
the next of kin to recover the property. In re Forster's Trust. Aug. 2, 1854. It appeared that upon the death of Mr. EXAMINATION
BEFORE Thomas Kane, intestate, letters of administraSPECIAL EXAMINER.
tion were obtained by the Solicitor of the An application was granted for the issue of a Treasury on behalf of the Crown, and he had
subpæna for the examination of witnesses received certain sums of money, part of the before the special examiner, in the counties estate. The letters had afterwards been reof Northumberland and Durham, where the voked and granted in July, 1853, to the plainparties and their solicitors were resident,
tiff who now filed this claim for an account, This was an application for the issue of a the Solicitor of the Treasury.
and for payment over of the sums received by subpæna for the examination of witnesses before the special examiner in the counties of for the Solicitor of the Treasury, claimed to
Bacon and Selwyn for the plaintiff; Wickens Northumberland and Durham.
Glasse and Bates in support, referred to the deduct the amount of his costs ; Sheffield for 15 & 16 Vict. c. 86, s. 31.'
other parties. The Vice-Chancellor said, that under ordi
The Vice-Chancellor said, that the rule at law nary circumstances examinations should take
that the Crown neither pays nor receives costs place in London, but that as the parties and did not exist in equity; Attorney-General v. their solicitors were resident
in the counties in Ashburnham, 1 Sim. & S. 394-7,' and that the question, the application would be granted plaintiff was entitled to a decree for payment
without such deduction. all parties interested to give evidence before the special examiner.
Vice-Chancellor Uwood. " Which enacts, that “all witnesses to be
Man v. Fuller. June 5, 1854. examined orally under the provisions of this LEGACY, WHETHER ADDITIONAL.-MISDEAct shall be so examined by or before one of the examiners of the Court, or by or before
A testator gave“ the interest of two thousand an examiner to be specially appointed by the to G. S., and at his death to his children,' Court.”
And se: Moggridge v. Thackwell, 7 Ves. 88.
EVIDENCE.AFFIDAVIT FILED AFTER CER.
TIFICATE OF CHIEF CLERK.
Superior Courts : V.C. Wood. and in a subsequent part of the will the Shebbeare in support. sum of 1,0001. in addition to one thou. The Vice-Chancellor said, that as no authosand before mentioned.” There were other rity was shown to the son-in-law to act as the legacies of pounds sterling, and no defendant's agent with respect to the property, sums of stock : Held, that G. S. was en- and his possession might be adverse, the motitled to two thousand pounds sterling for tion must be refused. life, and on his death the capital to go among his children, and to the one thousand pounds absolutely.
Hemming v. East. July 12, 1854. A QUESTION arose in this suit as to the construction of the will of a testator, whereby " the interest of two thousand to Geo.
The Chief Clerk certified in favour of a deed
of assignment to the defendant, and that Sergeant, and at his death to his children,” and after giving two legacies of one thousand
he was entitled to set-off the amount of a
debt due from the plaintiffs, and thereby pounds, and one of two thousand pounds to
assigned, against the purchase-money of certain parties named he gave the sum of one thousand pounds, to George Sergeant " in ad
certain properly bought by him. Held,
that an affidavit afterwards filed on behalf dition to one thousand before mentioned.” Rolt and Baggallay for the plaintiff'; Eddis
of the plaintiffs, showing the assignment to for the executor; C. M. Elderton, Messiter,
be a mortgage and discharged, could not be
received on further consideration upon the Fane, J. Sidney Smith, H. Cadman Jones, and
certificate, but with leave to counsel to state Reilly for other parties. The Vice-Chancellor said, that as all the pre
the facts, in order to an inquiry if necesvious legacies were of pounds sterling, and
sary. there was no stock, the gift of the “ 2,0001.".
In this suit which now came on for further clearly meant pounds sterling, and gave an ab- consideration upon the certificate of the Chief solute gift of the capital to the children on Clerk finding in favour of a deed of assigntheir father's death. The gift of the additional ment to the defendant, and that he was entitled legacy of 1,0001., referring to the former as
to set-off the amount of a debt due from the 1,0001., did not raise an inference that the tes- plaintiffs, and thereby assigned, against the tator only intended to give 2,0001., nor did it purchase money of certain property bought by cut down the former sum: Gordon v. Hoffmann, him, an affidavit was filed on behalf of the 7 Sim. 29, and he was therefore entitled to the plaintiffs, showing that the assignment amount2,0001, for life, and to the other absolutely. ed to a mortgage and had been discharged.
The Vice-Chancellor said, that the affidavit Bone v. Augier. July 6, 1854.
was filed too late and could not be admitted,
but that the facts might be stated by counsel, SUIT TO ENFORCE EQUITABLE MORTGAGE. in order that an inquiry might be directed, if
Rolt and Jolliffe for the plaintiffs ; Willcock, Substituted service under the 15 8. 16 Vict. and Deere Salmon for the defendants.
c. 86, s. 5, of the copy bill to enforce an equitable mortgage, on the defendant's sonin-law who was in possession—the defend
Clarke v. Gill. July 24, 1854. ant being in New South Wales-was refused, where it was not shown he acted as the defendant's agent in respect of the pro
perty and his possession might be adverse. Held, that a medical man whom it was proThis was a motion for an order under the posed to examine before the examiner, was 15 & 16 Vict. c. 86, s. 5,' to substitute service entitled to compensation for loss of time, of the copy bill to enforce an equitable mort- although he resided in Bryanstone Square gage on certain property belonging to the de- and within the bills of mortality. fendant, who was in New South Wales, upon On this motion for an injunction, an order his son-in-law, who was in possession.
had been made for the examination of wit.
nesses, but it appeared that a medical gentle" Which enacts, that “the service upon any man, whom it was proposed to examine, redefendant of a printed copy of a bill of com- fused to be sworn until payment was made 4s plaint, or of a claim in the said Court, shall compensation for his loss of time. be effected in the same manner as service of a Roxburgh now applied for the direction of writ of subpæna to appear to and answer a bill the Court, and stated the witness resided in of complaint is now effected, save only that it Bryanstone Square and within the bills of more shall not be necessary to produce the original tality, referring to the 5 Eliz. c. 9, s. 12. bill or claim, which will be on the files of the The Vice-Chancellor said, that the witness Court; provided that the Court shall be at was entitled to receive compensation before liberty to direct substituted service of such being sworn. printed bill or claim, in such manner and in such cases as it shall think fit."
--SUBSTITUTED SERVICE OF COPY BILL
EXAMINATION OF WITNESSES IN LONDON.
RIGHT OF MEDICAL MAN TO COMPENSATION FOR LOSS OF TIME.