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Local Acts.-Notes of the Week.- Superior Courts : Lords Justices.- Rolls. 451 poration of “The Royal Exchange Assurance," 19. An act for enabling the Scarborough and to confer on the last-named Corporation Public Market Company to raise a further the Powers of " The Royal Exchange Assu- Sum of Money, and for amending and consolirance Annuity Company" and "The Royal dating the Provisions of the Act relating to Exchange Assurance Loan Company,” and to such Company. give additional powers to “The Royal Exchange 20. An act for Lighting with Gas the boAssurance."

rough of Bolton and places near thereto, and 12. An act to confer additional powers upon for other purposes, and of which the short the Corporation of the Amicable Society for a title is “The Bolton Gas Company's Act, perpetual Assurance Office, for the purposes of 1854.” Investment.

21. An act for continuing the Term and -13. An act to enable the Dock Company at amending and extending the Provisions of Kingston-upon-Hull to raise a further Sum of the Act relating to the Kingswood District of Money, and

to convert the Mortgage and Bond Turnpike Roads in the County of Gloucester. Debt of the Company into Debenture Stock and 22. An act for repealing “The Stafford Gas Perpetual Annuities; and for other purposes. Act, 1846 ;" and for reconstituting the Staf

14. An act for establishing a Police Super- ford Gas Company, with additional Powers; annuation Fund in the Borough of Liverpool. and for other purposes.

15. An act to make further Provision for the Sewerage, Sanitary Regulation, and Im

[To be continued.] provement of the Borough of Liverpool.

16. An act for better supplying with Water the town of Southport in the County Palatine

NOTES OF THE WEEK, of Lancaster, and the Neighbourhood thereof. 17. An act for supplying with Gas Ramsbot

ELECTION AUDITORS. tom and other places in the Parish of Bury in Appointed under the Bribery Act, 17 & 18 the County Palatine of Lancaster.

Vict. c. 102. 18. An act to enable Rossendale Waterworks Company to raise a further Sum of Derby, Mr. James Wallack. Money.

Wigan, Mr. W. A. Barrow.

RECENT DECISIONS IN THE SUPERIOR COURTS.

TO

PERSO

Lords Justices.

vexatious conduct on their part they could no' Norton v. Cooper. July 25, 1854. be called on to pay the costs of the redemptior REDEMPTION SUIT AGAINST MORTGAGEES suit, and the order would be varied accord

IN POSSESSION OF MINES.-INTEREST ON ingly.
ADVANCES.--COSTS.

Master of the Rolls.
The mortgagees in possession of certain iron

mines had expended moneys for working Atherton v. Crowder. July 17, 1854. the mines, and had also paid interest to the

WILL.-CONSTRUCTION.-GIFT prior incumbrancers : Held, on appeal from

NAL REPRESENTATIVES-DESCENDANTS. Vice-Chancellor Stuart, that they were entitled to interest on such payments, and

A testator by his will gave a life interest in also to their costs of a redemption suit

all his real and personal estate to his wife tchere their conduct was not shown to be

and after her death to be divided among vezatious.

such of her children as should be living ai This suit was instituted for the redemption

her death, and he directed that in case an of certain iron mines in the possession of the

of such children should die in her lifetime, mortgagees, and for an account. It appeared

the personal representatives of the child or that the mortgagees had expended moneys in

children so dying should take per stirpe the purchase of limestone, &c., for smelting

and not per capita: Held, on the death of the ore, and had also paid interest to the prior

a child in the widow's lifetime, without incumbrancers. The Master on a reference

leaving issue, that the descendants and no had allowed these payments, and the Vice

the executors and administrators were en Chancellor Stuart had overruled exceptions to

titled. bis finding, but disallowing interest on such In this case it appeared that the testatori payments, and also the costs of suit, where his will gave a life estate in all his real and p upon this appeal was presented.

sonal estate to his wife for life, and after b Malins and Kinglake for the plaintiffs ; death to be divided among such of her childr Wigram and Hardy for the defendants. who should be living only at her death, and I."

The Lords Justices said, that the defendants directed that in case any of such childre's were entitled to interest on their payments for should die in her lifetime the personal reprt carrying on the works and for interest on the sentatives of the child or children so dying prior incumbrances, and as there had been no should take per stirpes and not per capa

452

Superior Courts: V. C. Kindersley-7. C. Wood. One of the children died in the widow's life

Vice-Chancellor Wood. time without issue. Scott for the administratrix of the daughter;

M'Culloch v. Gregory. June 26, 1854. Lloyd, Palmer, Fleming, and Smyth for other PURCHASE UNDER DECREE. - DISCHARGE parties,

FROM.-PRACTICE: The Master of the Rolls said, that the mean- A motion on behalf of a purchaser under a ing of the words personal representatives must decree to be discharged from his purchase, be descendants, and not executors and admi

was directed to stand over until the Mas. nistrators, as the words per stirpes and not per ter's report had been confirmed. capita were added, and this was confirmed by

This was a motion on behalf of the pur. the subsequent part of the will.

chaser under a decree of the Court to be dis

clarged from his purchase. Bice.Chancellor Rindersley.

Bird in support; W. M. James, contrà.

The Vice-Chancellor said, that the motion Thomson v. Judge. June 27, 1854.

must stand over until the Master's report of EQUITY JURISDICTION IMPROVEMENT ACT. the purchase was confirmed, but without pre

--SUPPLEMENTAL STATEMENT. - NEW judice to this mution.

ISSUE.

8. 6.2

A bill charged that the defendant had obtained Elt v. Burial Board of Islington. June 29. a bequest by undue influence, and after edi.

1854. dence was taken and publication passed,

INJUNCTION BILL. - COSTS OP WRITTEN the plaintif moved for leave to amend or

COPY FILED. to file a supplemental statement under the 15 & 16 Vict. c. 86, s. 53, that the testator

A written bill had been filed in an injunction had executed the will in ignorance of its

case under the 15 & 16 Vict. c. 86, s. 6: contents : Held, that this was a different

Held, that the plaintiff was entitled to the issue to that raised by the bill, and the

costs where it was not shown they had been motion was refused, with costs.

incurred malâ fide. This was a motion for leave to amend this the Taxing Master to allow the costs of a

This was an application for a direction to bill or to file a supplemental statement under written bill which had been filed in this inthe 15 & 16 Vict. c. 86, s, 53," in this admi- junction case 'under the 15 & 16 Vict. c. 86, nistration suit. The bill charged that the defendant had obtained a bequest by undue inAuence, and evidence had been taken and pub- August 7, 1852, which directs, that “no costs

Rolt, in support, cited the 2nd Order of lication passed.

Bazalgette in support, on the ground that are to be allowed, either as between party and the evidence showed the testator had executed party, or as between solicitor and client, for

any written bill or written copy of a bill, filed the will in ignorance of its contents.

under the 15 & 16 Vict. c. 86, s. 6, or for any Glasse and Shee, contrà. The Vice-Chancellor said, the issue raised ant thereto, or for any written brief of such

written copy thereof, served upon any defendby the will was that the defendant had ob- bill, unless the Court skall, in disposing of tained the bequest by undue influence. The the cause, direct the allowance thereof." amendment sought, on the other hand, would

W. M. James, contrà. raise the issue that the defendant had fraudulently inserted the bequests without the testa- shown the costs had been incurred malá fide,

The Vice-Chancellor said, that as it was not tor's knowledge, and the motion must be re- the costs must be allowed. fused, with costs.

Which enacts that “ notwithstanding the · Which enacts, that "it shall not be ne- provisions hereinbefore contained, the Clerks cessary to exhibit any supplemental bill in the of Records and Writs of the said Court said Court for the purpose of stating or putting may receive and ile a written copy of any in issue facts or circumstances which may have bill of complaint praying a writ of injuncoccurred after the institution of any suit ; but tion or a writ of ne exeat regno, or filed for such facts or circumstances may be introduced the purpose, either solely or among other by way of amendment into the original bill of things of making an infant a ward of the said complaint in the suit, if the cause is otherwise Court, upon the personal undertaking of the in such a state as to allow of an amendment plaintiff or his solicitor

to file a printed copy of being made in the bill, and if not, the plaintiff such bill within 14 days, and every bill of shall be at liberty to state such facts or cir- complaint so filed shall be deemed and taken cumstances on the record, in such manner and to have been filed at the time of filing the subject to such rules and regulations with re- written copy thereof, and

a written copy of any spect to the proof thereof and the affording the such bill of complaint stamped as aforesaid

, defendant leave and opportunity of answering and with such endorsement thereon as aforeand meeting the same, as shall in that behalf said, may be served on any defendant thereto, be prescribed by any General Order of the and such service shall have the same effect as Lord Chancellor."

the service of a printed copy.

The Legal Observer,

AND

SOLICITORS' JOURNAL.

SATURDAY, OCTOBER 14, 1854.

MEMOIR OF THE LATE LORD Mr. Denman espoused the principles of DENMAN.

the great Whig party, and entered Parlia

ment for the borough of Wareham, at the Lord DENMAN was the son of Dr. Den- general election of 1818. In the following man, an eminent physician in London. year he was elected for Nottingham, for His mother was an aunt of Sir Benjamin which place he continued to sit, to the great Brodie. He was born on the 23rd July, satisfaction of his constituents, until he be1779. One of his sisters married Sir came Chief Justice. In Parliament he Richard Croft, and the other Dr. Baillie, the warmly supported several reforms in the two leading physicians of their time. Tho- Law, as well for the removal of abuses in the mas Denman went to Palgrave School, near administration of justice in the Civil Courts, Diss, in the county of Norfolk, then superin- as in the mitigation of the severities of the tended by the celebrated Mrs. Barbauld, Criminal Law. He was also eminently disand her distinguished scholar often men- tinguished in the great contest for the abotioned, that “he had received from that lition of Slavery. accomplished lady the rudiments of instruc- In the year 1820, the trial of Queen tion and the first lessons of discipline." Caroline called forth all his impressive and From thence he proceeded to Eton, at dignified eloquence. Mr. Brougham was which eminent school he remained several appointed her Majesty's Attorney-General years, until he entered St. John's College, and Mr. Denman her Solicitor-General. Cambridge, where he graduated in 1800. The distinguished ability shown by Mr.

In 1806, he was called to the Bar by the Denman in that celebrated trial, raised him Honourable Society of Lincoln's Inn, prac- highly in the estimation of the public for tised at the Common Law Bar, and selected his moral courage and unbending firmness. the Midland Circuit for his career at the The judgment, as well as zeal which marked Assizes. Before his call to the Bar he his advocacy, must have essentially contrimarried the daughter of the Rev. Richard buted to the issue of that great question. Verers. Whilst at the Junior Bar, he was But, as might be expected, this opposition much esteemed as an arbitrator and we re- to the feelings of the King and his powerful collect several important references before ministry, placed a barrier against Mr. Denhim.1

man's participating in the honours of his

profession, to which his talents and standing ' One of them was of an extraordinary cha- at the Bar entitled him. racter. The premises of a trader of the City of In the year 1822, however, the City of London had been burned down, and it was London, many of whose leading members suspected that the fire was not accidental, and had taken an active part in support of the that the value of the property was enormously Queen, appointed Mr. Denman to the office overstated. The man was tried for arson, the punishment for which was then certain death.

of Common Serjeant. 2 He was acquitted, became bankrupt, and his assignees brought an action against the insu- numerous meetings he felt compelled to decide rance company. On the trial coming on, Lord against the claim. Chief Justice Gibbs advised a reference, and ? Mr. Alderman Wood (not Waithman, as Mr. Denman was chosen arbitrator. After stated in The Times,) the father of the preVOL. XLVIII. No. 1,388.

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454

Memoir of the late Lord Denman. At length, however, in 1828, when Lord society. To quote but one example: the Lyndhurst first became Lord Chancellor, conduct of the Court in the difficult case of to the credit of that distinguished lawyer Stockdale v. Hansard, when it was directly and statesman, the barrier was removed, assailed by one branch of the Legislature, is and Mr. Denman received a patent of pre- a memorable instance of the exercise of cedence.

that constitutional power which enables our In 1830, when Earl Grey became Prime Judges to interpose the authority of the law Minister, Sir Thomas Denman was pro- against the arbitrary pretensions of the moted to the office of Attorney-General, most powerful body in this realm, and to which he held during the debates on the combat privilege in the name of justice. Reform Bill. Whilst he filled the office of Most willingly would I decline,' said Lord first law adviser of the Crown, an applica- Denman, in giving judgment on that occation was made to incorporate the members sion, “to enter upon an inquiry which may of the Law Institution, and to him and lead to my differing from that great and Lord Brougham-then the Lord Chancel- powerful assembly (the House of Comlor—that Society is indebted for the liberal mons). But, when one of my fellow-subgrant of its charter.

jects presents himself before me in this In November, 1832, upon the death of Court demanding justice for an injury, it is Lord Tenterden, Sir Thomas Denman was not at my option to grant or to withhold appointed Chief Justice of the Court of redress. I am bound to offer it to him, if Queen's Bench, and received the honour of the law declares him entitled to it. Parthe peerage in 1834.

liament is said to be supreme. I must fully We deem it unnecessary in these pages acknowledge its supremacy. It follows, to enter into the consideration of the exact then, that neither branch of it is supreme rank in which Lord Denman should be when acting by itself.' In those few words, placed amongst the eminent Nisi Prius ad- and in the judicial power of enforcing that vocates of his day and generation, such as truth, lies the supreme guardianship of the Lord Abinger;- nor of the station he should liberties of England." occupy as a Parliamentary orator, amongst

“ Lord Denman li

the life of a refor: men like Lord Brougham;—nor indeed shall mer of abuses, and an enemy of all that in we compare him with the judicial chiefs who his judgment clouded the honour or impreceded him on the Bench, or the eminent paired the public utility of our institutions. personage who succeeded him. Our duty His hatred of Negro Slavery in every form rather leads us to consider his qualifications rose to a passion, for he stood armed against as a constitutional Judge and a Legislator. cruelty and injustice, and in the wretched

It is one of the advantages of a plurality fate of kidnapped Africans and degraded of Judges over the “single-seatedness" slaves, he beheld the united and accumuwhich Jeremy Bentham preferred, that whilst lated evils and wrongs which have most such learned and excellent Judges as Bay- degraded humanity and profaned religion. ley, Holroyd, Tindal, and others may be He powerfully contributed to the furtherperfect masters of the abstruse rules and ance of those reforms of the Criminal Law technicalities of the Profession, there are which Sir Samuel Romilly had commenced, such men as Mansfield, Stowell, and Den- and which Lord Denman brought to the man, who consider the general principles of test of his own judicial experience. To the Jurisprudence, and, where it can be done cause of toleration and freedom within the safely, adapt them to the changes and exi- boundaries of law, he at all times gave his gencies of society. A man may be a hearty support, and in all the undertakings wise and excellent Judge, though not an set on foot in our day for more extended acute special pleader ; and in these days a popular education, for the diffusion of use profound knowledge of the ancient and deep ful knowledge, for the reformation of parts of our laws is not so essential as it criminal offenders, and for other acts of was in the time of Lord Eldon and Lord enlightened charity he readily bore his Tenterden.

part.” We gladly extract from the able columns For 18 years he filled the honoured seat of The Times, the following judicial charac of the Chief Justice of England, and, if ter of Lord Denman : -" As a Judge, no any men excelled him by the vivacity of their man ever took a loftier view of its duties to genius or the acuteness of their intellect,

pone certainly surpassed, or perhaps equalled sent Vice-Chancellor, took a very prominent him, in the moral dignity which gave an part in that memorable affair.

appropriate and additional lustre to his Memoir of the late Lord Denman.—The New Stamp Duties' Act.

455 office. The personal aspect and outward | 63, certain stamp duties were granted and bearing of Lord Denman in the administra- made payable upon conveyances, charters, distion of justice, were strongly impressed positions, and contracts, described under the with those moral qualities which he dis

head or title of “ Conveyance," but no proplayed in all the duties of life, and we can counterparts of conveyances, &c., with the hea

vision was made for charging the duplicates or not but bear testimony to his unflinching duced duties, it is therefore enacted, that the rectitude of purpose, his love of truth, his Commissioners, upon production to them sincerity and simplicity of character. His of any such conveyance, &c., duly stamped, extreme benevolence and humanity were the and of the duplicate or counterpart thereof fittest ornaments of the chief legal guardian stamped for denoting the amount of duty of the public morals, and these qualities chargeable upon a duplicate or counterpart deserve to confer lasting honour upon his under the 13 & 14 Vict., may stamp the duname.”

plicate or counterpart with the particular stamp “His closing years, though afflicted with pressed upon a duplicate or counterpart for

directed by the last-mentioned Act to be imsevere illness, were serenely devoted to that | denoting or testifying the payment of the full contemplation which is the worthiest ter- and proper stamp duty on the original deed mination of human life-to those acts of or instrument; and if the duplicate or couna kindness which endear the memory of the terpart shall be stamped with any ad valorem departed—and to the exercises of religion stamp duty of greater amount than the amount which anticipate the final change. We

of stamp duty so chargeable on a duplicate or rank him not with the greatest, but with such excess of stamp duty, and rectify the

counterpart, the Commissioners shall repay the worthiest of our contemporaries, and stamps accordingly ; s. 15. the life he led affords, in our judgment, a Where any conveyance, &c., described in better example to those who follow him the schedule to this Act shall be made partly than that of more eager and impetuous as- in consideration of such annual sum as in the pirants after power and fame.”

schedule is mentioned, and partly in considerHis lordship resigned his high office in ation of a sum of money or stock as mentioned 1850, and died at Stoke Albany, in North- under the head or title of “ Conveyance” in amptonshire, on the 22nd Sept. last, aged 75. conveyance, &c., shall be chargeable with the

the schedule to the 13 & 14 Vict. c. 97, such An admirable Bust of his lordship by ad talorem stamp duties granted in respect of Mr. Christopher Moore, has been placed in each of the considerations; and in any case the Hall of the Incorporated Law Society, where any deed or instrument which shall be

chargeable with any ad valorem stamp duty in We have availed ourselves in this memoir respect of any sum of money yearly or in gross of some of the eloquent passages which ap- or any stock or security shall be made also for peared in The Times. The biographical facts any further or other valuable consideration, stated in that journal are remarkably accurate, such deed or instrument shall be chargeable except on two or three points. It seems not (except where express provision to the conto have been known to the writer that young trary is or shall be made in any Act of ParliaDenman, after leaving Mrs. Barbauld's school, ment) with such further stamp duty as any went to Eton for many years. There is also separate deed or instrument made for such a mistake in describing the ladies who married last-mentioned consideration alone would be Sir Richard Croft and Dr. Baillie as the sisters chargeable with, except progressive duty ; of Dr. Denman (the father of the Chief Justice). s. 16. They were his daughters, sisters of Lord

The following are the further provisions Denman.

as to the Evidence necessary to be adduced

to the Commissioners to assess the proper THE NEW STAMP DUTIES' ACT. duty or affix denoting stamps :

To prevent fraud and evasion of stamp duty This Statute, the 17 & 18 Vict. c. 83, in any case where application is made to the which received the Royal Assent on the 9th Commissioners to assess and charge the stamp August, came into full operation on Wed- duty to which any deed or instrument is liable nesday last, the 11th October. We pro- or to impress on any deed or instrument the ceed to give a summary of its leading en

particular stamp provided to denote the pay. actments, and which we shall arrange ac

ment of the full and proper duty on the same

or on any other deed or instrument, or that cording to their professional importance.

any deed or instrument is not liable to any 1. CONVEYANCES.

stamp duty, the Commissioners may require By the 13 & 14 Vict. c. 97, certain reduced such evidence by affidavit as they may deem rates of stamp duty were granted and made necessary in order to show to their satisfaction payable under the head or title of “ Duplicate deed or instrument, and whether or not the

the quantity of words contained in any such or Counterpart,” and by the 16 & 17 Vict. c. consideration, or any definite or certain sum or

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