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Liverpool Law Society.-Candidates who passed the Examination. time, attracted the notice not only of the Pro- examination into the general education of per. fession, but of the public. After ascertaining, sons desiring to become articled clerks, and by the aid of a Sub-committee, the facts of the certificates of fitness as a necessary qualificacase, they deemed it encumbent upon them to tion to their entering into articles, or towards report them to the Council of the Incorporated improving the existing system of examination Law Society, in order that the Court of Queen's before admission as attorneys and solicitors. Bench might be moved for a rule to show The more the Committee consider this subject cause, and accordingly they prepared and sub- the more they are convinced that the future mitted to the Council drafts of affidavits statir status and welfare of the Profession will, in a the circumstances.
The Council, however, great measure, depend upon a higher standard were advised that the motion could not succeed of education. without further evidence, which another per
Your Committee have to report that during son, implicated in the transaction, could alone the past year they have, from time to time, refurnish; and it not being possible to carry the ceived from the Committee of the Metropolitan evidence further, the matter was reluctantly and Provincial Law Association, many im, dropped. The Committee feel that they owe portant communications relating to the several this explanation to the Society, as many com- Bills introduced into Parliament during the ments have been made upon their supposed past Session, and other subjects affecting the desire to avoid this painful duty,
interests of the Profession, and the various proThe Committee do not consider it necessary posed amendments and alterations in the law, to particularise their labours with respect to and wish to express the high sense they enterBills which have become law during the last tain of the value of that Association. Session ; but they may observe generally, that It having been arranged that a meeting of several very judicious amendments have been its members should take place at Leeds on the made in the Common Law Procedure Act, in 18th ult., your Committee thought it right to the Bankruptcy Practice, and in other parts of appoint a deputation to attend such meeting as the Statute Law.
delegates from your Society, and accordingly The Committee have much pleasure in ob- requested Mr. Payne and Mr. H. H. Statham serving that the alterations in the mode of Pro. to undertake the office, which they have done; cedure in the Chancery Court of Lancashire, and from their report of the proceedings your have caused a considerable increase in the Committee are of opinion that the meeting business of the Court, and that in consequence (which was attended by delegates from various of a recent reduction in the scale of fees, the other law societies), was well calculated not expense of proceedings has been considerably only to forward the interests of the professional decreased. The Court now possesses great body of attorneys in the right direction ; but advantages for local suitors, and is convenient also to place them in a better position for asfor solicitors practising in the district
. The sisting to carry out such truly beneficial impublic and the Profession are much indebted provements in the law as will benefit the comto the Vice-Chancellor, and to the District Re- munity at large. gistrar, for having so greatly promoted and ex- The accounts of the treasurer show s balance tended the efficiency of the Court.
1121. 178. 10d. to the credit of the Society. The Committee regret that since their last The members of the Committee who go out Annual Report nothing has been done towards in rotation are, Mr. H. H. Statham, Mr. Carter, the establishment of a system of authorised Mr. Wareing, Mr. J. Fletcher, and Mr. Collins.
Candidates who passed the Examination. Names of Candidates.
To whom Articled, Assigned, fc. Farnfield, William
George Fry Farrant, Robert
John Geare Fisher, George Pemberton
Thomas Fisher Fisher, Thomas
Edward Fisher; Frederick John Wood Fletcher, Thomas Arthur
John Fletcher Fox, Thomas
Edward Elwin French, Beal Frederick
George Marten Gamble, George, jun.
Thomas Houghton Hodgson Gardner, Richard.
Benjamin William Aplin; Henry Parker, jun. Greatback, Frederick Daniel
Jabez Tepper Grimshaw, Jobn, jun.
Henry Waddington Hartley Groom, Alfred
George Powell Hackwood, William
Jobn Linklater Hall, Henry
Legh Richmond Hansell, Peter Edward
Henry Hansell Harvey, Thomas Kingston
Joseph Roberts Hellins, William
Robert Fulford Hewitt, Robert Henry
Robert Hewitt ; Sir William Foster, Bart. Hill, John Edwards
· George Edwards Hill, William James, jun.
John Garland Hirtzel, George
John Daw; James Smithe Kingdon Hitobings, Richard Nevill
John James Hole, Charles Marshall
Charles Henry Rhodes Hugbes, Charles Leadbitter
Philip Richard Falkner Hurry, Henry
Robert Jackson Irvine, Alexander Lodwick, jun.
John Atkins Jackson, Henry
William Henry Duignan James, George Frederick
George Paulson Wragge; Alfred Burton Cordell John, William
Thomas Morgan Joslen, Artbur
Knowles King Karslake, Henry John
Henry Karslake Kinneir, Henry
Frederic Every ; William Kingdon Koe, Ralph Pemberton
John Hardcastle Mousley ; Francis Mewburn Lee, Frederick
• Tbomas Parker Legg, Alfred
George William Cram Letchworth, Edward
Edward Vines Lever, Charles Baldwin
Charles Lever Lewis, Charles Carne, jun.
Charles Carne Lewis, sen. Lloyd, Henry
Frederick Bowker Lomer, Walter Abrabam
David Simpson Morrice; James Bradby Lusb, Frederick Matthew
John Henry Todd Lynch, George Sanderson
Henry Andrews Palmer M'Gowen, William Thomas
• Williams and Macleod; William Shuttlewortb Marcbmont, Jobn, jun.
· Jobn Lyon Foster Marsball, Henry, jun.
Henry Marshall Martin, Charles
Humphrey Wickham; George Bayland Miller, Walter Moore
· Henry Miller Moore, George Townend
Edward Scott Morris, James Shippard
George Kewney Mossop, Charles
Charles Hanslip; John Stuart; Robert Mossop Mounsey, John Giles
George Gill Mounsey Oliver, George James
Herbert Lloyd Olivier, Alfred
Francis Ridout Ward; Arthur Jobn Knapp Osborne, Alfred
John Brittlehank ; George Goodwin Brittlebank Parrott, Thomas
John Porrott Paull, Henry
Frederick Alfred Trenchard Pemberton, Loftus Leigh
Edward Leigh Pemberton Perrin, Jonatban
William Rees Mogg Perry, George
Rowland Price Plaskitt, Joseph
Christopher Ingoldby, jun. Player, Joseph Norton
Charles Nicholas Cole Potter, Henry
Thomas Acres Curtis Powell, William Henry
John Powell Pricbard, Charles Jobń Collins
James Flower Fussell Remington, George
Henry Remington Richards, George Charles
• John Holyoake Robinson, Edward
David Russell Roskams, Henry
Thomas Lead bitter; William King Salt, William
George Moultrie Salt Sanders, Francis
William Jolin Beale Sansom, Samuel
James Burton Scholes, Charles Robert, jun.
Charles Robert Scholes, sen.; Martin Kidd Sharpe, Edward .
Candidates Passed.-Professional Lists.-Notes of the Week.
To whom Articled, Assigned, &c.
Richard Sheppard Sbew, William Harford
Samuel Moores Sbirreff , William Moore
Charles Ireland Shirreff Smith, William
Edward Hoar Soow, Henry,
Maurice Peter Moore Soars, Benjamin
Samuel Carter Stead, Richard William
Thomas Percival Bunting Stepbens, Thomas Henry
John Cribb Stephens Stone, George William .
George Tamplin Tee, James
George Ashley Thompson, Charles Robert
Wilson Perry; William Henry Ashurst Thompson, James, jun.
Henry Nelson ; Albert Turner Tocque, George Richard Fletcher Howes
Charles Leake; John Whickham Flower Tombs, Henry Coggan .
Samuel Tombs, jun. Trerenen, William
Park Nelson Underbill , James Edward
Henry Underhill Walker, George
Jacob Birt Watts, Henry Shorland
Henry Marsh Watts Webster, John
John Musgrave Whatman, Charles Mann Cornwallis
John Jackson Blandy Williams, Geo. St. Swithin, articled as Geo. Williams George Frederick Druce; Edwd. Brodribb Randall Wooldridge, Charles
Charles John Tylee
George Atkinson York, James Neal
Jumes Henry Monahan, Chief Justice of the
Court of Common Pleas in that part of the DISSOLUTIONS OF PROFESSIONAL PART- United Kingdom called Ireland; the Right
Hon. Francis Blackburn, the Right Hon AbraFrom 24th October to 17th Nov., 1854, both ham Brewster, Attorney-General for that part inclusive, with dates when gazetted.
of the said United Kingdom called Ireland;
Sir Richard Bethell, Knight, Solicitor-General Bannister, Charles George, and Edward for that part of the United Kingdom called Bannister, 13, John Street, Bedford Row, So- England; Mountifort Longfield, LL.D., one of licitors. Nov. 3.
her Majesty's Counsel, John David Fitzgerald, Browne, Titus, Henry Titus Browne, Alford Esq., one of her Majesty's Council, and Hugh and Spilsby, Attorneys, Solicitors, and Bankers. M*Calmont Cairns, Esq., Barrister-at-Law, to
be her Majesty's Commissioners for inquiring Godden, John, and Henry James Godden, into the state of the business of the Court of 6, Gray's Inn Place, Gray's Inn, Attorneys Commissioners for the Sale of Incumbered and Solicitors. Oct. 31.
Estates in Ireland. From the London Gazette Hastings, William Warren, William Best, of 17th November. and Thomas Henry Smith,,3, Southampton Street, Bloomsbury Square, Attorneys, and Solicitors (so far as regards the said William Best). Oct. 31.
Days and places appointed for holding the Keddell
, Frederick, and Charles Smith, 34, Special Commissions of Oyer and Terminer Lime Street, City, Attorneys and Solicitors, and Gaol Delivery for the county and city of
County of York. --Saturday, 2nd December,
at the Castle of York. PERPETUAL COMMISSIONER.
City of York.-The same day, at the GuildAppointed under the Fines and Recoveries' Act, hall of the said city.
with date when gazetted. Rushton, Thomas, Uttoxeter, in and for the NORTHAMPTON BOROUGH COURT. county of Stafford. Nov. 17.
It is this day (14th November), ordered by
her Majesty in Council that, within one month NOTES OF THE WEEK, after such order shall have been published in
the London Gazette, all the provisions of the IRISH INCUMBERED ESTATES COMMISSION. Common Law Procedure Act, 1854, and the
The Queen has been pleased to direct rules made and to be made in pursuance thereLetters Patent to be passed under the Great of shall apply to the Court of Record of the Seal
, appointing the Right Hon. Maziere Brady, Borough of Northampton.--- From the London Chancellor of that part of the United Kingdom
Gazette of Nov. 17. of Great Britain and Ireland called Ireland ; the Right Hon. Sir John Romilly, Knight, Mas.
SOLICITORS ELECTED AS MAYORS. ter of the Rolls, in that part of the said United Lancaster, John Brockbank. Kingdom called England; the Right Hon. Bury St. Edmunds, W. Salmon.
Superior Courts: Lord Chancellor.–V. C. Kindersley.-V. C. Stuart.
RECENT DECISIONS IN THE SUPERIOR COURT S.
age of 21.
Wice-Chancellor Kindersley. Schroder v. Schroder. Nov. 18, 1854.
Begnill v. Rose. Nov. 20, 1854. WILL AND CODICIL. CONSTRUCTION.
CONSTRUCTION. ELECTION OF HEIR AS TO AFTER-AC- DEATH
PREVIOUS EXPRESSION. QUIRED ESTATE.
BANK STOCK.' A testator, by will, dated in 1825, devised all A testatrix gave to T.J. R. the sum “ of 100l.
the real estates of which he then was, or at Bank Stock,” when he attained the age of the time of his death should be seised or 21 years, and “in case of his death," to entitled (upon the determination of the life her grandson : Held, that gift over took estate of his wife therein by marriage or place on the death only of T.J. R. under the death) to his children as tenants in common. He afterwards acquired and con- The testatrir, at her death, had no Bank tracted to purchase real estates, and by his Stock, but two sums of 2001. Consols. : codicil he directed his trustees to complete Held, that the gift was not a specific the purchase and to hold on the trusts of the legacy, and must be made good out of the will, but he subsequently took a conveyance general assets. to uses to bar dower : Held, that the latter The testatrix, by her will, gave to Thomas estate passed to the heir, who was put to his James Rose “the sum of 1001. Bank Stock," election.
when he attained the age of 21 years, and "in This was an appeal from the decision of case of his death,” to her grandson, James Rose. Vice Chancellor Wood (reported i Kay, 578). It appeared at the death of the testatrix that It appeared that the testator, by his will, dated she had two sums of 2001. Consols., but no July 8, 1825, devised all his real estates what- Bank Stock, and this special case was now soever and wheresoever, of or to which he then presented for the opinion of the Court. was, or at the time of his decease should be, Fooks for the residuary legatees, the plainseised or entitled, for an estate of freehold and tiffs. inheritance, or of freehold only, or of or to The Vice-Chancellor (without calling on H. which any person or persons in trust for him Stevens for the defendants) said, that the then was or were, or at the time of decease words “in case of his death” referred to the should be, seised or entitled for an estate of period previously mentioned, and that therefreehold and inheritance or of freehold only, fore the gift over took place on the death only or which he then had or should thereafter have of T. J. Rose under 21. As to the “ Bank power to dispose of or appoint by will, to trus. Stock,” it did not seem the testatrix specifically tees to the use of his wife for life, if she should gave that stock, but merely stock, and it must 80 long remain his widow, or otherwise until her be made good out of the general assets. second marriage, then as to one moiety to her separate use for life, and after her death to the
Wice-Chancellar Stuart. use of all his children living at the time of his
Raby v. Ridehalgh. Nov. 18, 1854. decease as tenants in common. The testator
BREACH OF TRUST BY TRUSTEES afterwards purchased a freehold estate at Clapham, and which was conveyed to bim in Oc.
BURSEMENT.--COSTS. tober, 1827, and in the following November he contracted for the purchase of other free
Where an improper and insufficient inreste hold premises at Stockwell Common, but be. ment of trust moneys had been made by the fore they were conveyed he added a codicil to
trustees against their wish, at the express his will, whereby, after reciting the purchase
instance of the father of infant cestuis que of the estate at Clapham and the contract for trustent, for the purpose of increasing his the purchase of the freehold at Stockwell, he
income: Held, that the trust estate must directed his trustees to complete the purchase
be recouped out of his income upon the out of his personal estate, and to hold the same
money being lost; -no costs were allowed upon the trusts of the will. The estate at
to the trustees in a suit by the next friend Stockwell was, in the December ensuing, con
to obtain the reimbursement of the trust veyed to the testator to uses to bar dower, and fund, those the plaintiffs to come out of on September 29, 1832, he died, leaving four
the fund. sons, the youngest of whom attained his ma- This bill was filed on behalf of infant cestui jority in September, 1851. The testator's que trustent by their next friend, against their widow married in February, 1835. The Vice- father, the tenant for life, and the trustees, to Chancellor having put the heir to his election, on compel the reimbursement to the trust of certhe ground of the devise of the Stockwell pro- tain moneys which had been lost in conseperty by the codicil being revoked by the subse- qence of being invested on improper and inquent conveyance, this appeal was presented. sufficient securities at the instance of the
Rult and A. Smith in support ; Malins and father for the purpose of increasing bis income. W. H. Terrell, contrà.
Walker, Wigram, Bacon, Malins, Elmsley, The Lord Chancellor dismissed the appeal Prior, Selwyn, H. Humphreys, and Dryden for with costs.
the several parties.
AT INFOR LIFE-REIM
STANCE OF TENANT
Superior Courts: V. C. Stuart.- Queen's Bench.—Common Pleas.
79 The Vice-Chancellor said, that the money to pay all the tithe commutation rent charge, had been invested against the wish of the but that by the custom of the county the outtrustees on being urged by the father, and they going tenant was liable to pay the amount bewere entitled to be indemnified by him upon coming due immediately after the tenancy was the trust fund being lost. There would there- determined. fore be a decree for the trust estate to be re- Edwin James and Hoskins showed cause couped out of the income of the tenant for aginst the rule, which was supported by life. No costs to the trustees, and the plain- Bovill. tiffs' costs to come out of the fund.
The Court said, that there was no doubt the
plaintiff should have paid the rent-charge, and Court of Queen's Bench.
this was shown by his not having paid that for
the first half-year of his tenancy. It did not Regina v. Stokes. Nov. 3, 1854.
appear on reference to this Act (6 & 7 Wm. 4, ADMISSION TO BAIL OP PRISONER CHARG- c. 71), that the allegation of the defendant's ED WITH MANSLAUGHTER.-ACCIDENT. liability was made out, and as this was an A rule nisi for a certiorari to bring up the action for the neglect of a personal duty, and depositions against a poacher charged with it was not shown to be imposed on the defendmanslaughter in order to his admission to ant, he was entitled to a verdict, and the rule bail
, was refused, where it appeared he had would therefore be made absolute. gone out with a general idea of violence, although he alleged that the deceased met
Court of Common Pleas. his death by the accidental going off of his Bloor v. Houston. Nov. 20, 1854. gun.
COUNTY COURTS.- ACTION BY HIGH BAILIFF This was a motion for a rule nisi for a cer
TO RECOVER COSTS FROM INTERPLEADER tiorari to bring up the depositions against a
CLAIMANT. prisoner who had been committed to prison on a charge of manslaughter, in order to his ad
The high bailiff of a County Court executed mission to bail. It appeared that the prisoner
a writ of execution, but in consequence of a was out poaching with a gun, and bad warned
claim by another person he obtained an inthe deceased, who was endeavouring to take
terpleader summons under the 9 & 10 Vict. the gun from him, that it was loaded, and in
c. 95, s. 118, and paid the proceeds into his affidavit he alleged in support of this
Court, deducting only his ordinary costs. motion that it had gone off accidentally.
The interpleader claimant obtained judgGray in support.
ment and took the money out of Court : The Court said, that as it appeared from a
Held, on special case, that the high bailif previous conversation between the prisoner
could not sue, as for money had and received, and another person that he had gone out with
the interpleader claimant for the costs of a general idea of violence, the rule must be
the interpleader proceedings and of the original levy, which, under the 148th rule of
practice in the County Courts, he was enGrifinhoof v. Danbuz. Nov. 15, 1854.
titled to deduct.
In this special case for the opinion of the RENT-CHARGE. - LIABILITY OF OUTGOING Court, it appeared that the plaintiff, who LESSEE TO PAY FOR CURRENT HALF
was high bailiff of the Newcastle-under-Lyne YEAR,
County Court, had executed a writ of exeA lessee, whose lease was determined by no- cution from the Liverpool County Court, but tice on September 29, left his wheat to be that on another person claiming the goods he threshed pursuant to a covenant in the had obtained an interpleader summons under lease, and it was seized under a distress the 9 & 10 Vict. c. 95, s. 118, but which was for tithe commutation rent-charge becom- decided in favour of the present defendant.
ing due on October 1. It appeared he had He thereupon paid the whole amount into not paid rent-charge in respect of the first Court deducting only his ordinary costs, and half-year of his tenancy : Held, that he not the costs of the original levy and of the incould not recover under the 6 & 7 Wm. 4, terpleader order, pursuant to the 148th rule of c. 71, damages for such seizure from his practice in the County Courts, and the defendant lessor.
took the amount out of Court. This action was This was a rule nisi by leave reserved to now brought to recover the amount of such enter the verdict for the defendant, who was costs, as for money had and received. an outgoing tenant for years, to recover da- Mills for the plaintiff; Mellish for the demages from his lessor for allowing his wheat, fendant. which had been left on the ground to be The Court said that the action was brought threshed, in accordance with a covenant in the for costs which the plaintiff had incurred, and lease, to be seized under a distress for tithe not for fees due, which the interpleader claimcommutation rent-charge. The defendant had ant was liable to pay, and which he might have by notice determined the lease on September deducted from the sum paid into Court. As, 29, 1852, and the rent-charge for the half-year however, he had not so done, his right of action became due on October 1 following. It ap- for money had and received was gone, and peared that by the lease the tenant was bound the defendant was entitled to judgment.