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Candidates Passed.—Legal Antiquities.—Selections from Correspondence.
D'Arcy and Beachy, jun.; Henry Francis Church
Richard Holloway; John Smale Torr
John George Calthrop
Charles Henry Binsteed
William Crawford Newby
[From Sir Richard Hutton's Reports.] Mich. 5 Car.
WATER IN WESTMINSTER HALL.
"Memorand. That on Friday the 23rd day of October, by reason of the greatness of the spring tide, and a great flood, the Hall of Westminster was so full of water, that neither the serjeants could come to the Bar, nor any stand in the Hall, for there was a boat that rowed up and down there, and therefore all that was done, my brother Harvy went to the stairs which came out of the Exchequer, and rode to the Treasury, and by this way went and set in the Court, and adjourned all the juries, for it was the fourth day del tres Mich. And after that we were in the Exchequer Chamber, and heard four or five motions of the prothonotaries there.
This coming into Court was not of necessity, unless it had been the Essoin day, or that the Court should be adjourned, as cras. animar.
The Chancery and King's Bench sat, for they came by the Court of Wards."
THE VALUE OF LAND IN 1451.
Sir John Fastolf, in a letter, says—
Item, send me the value of Cook's tenement in Drayton, with twenty acres [of] land thereto, what it is worth yearly for selling whole, for Selling saith it was worth but one noble (6s. 8d.) by the year."
Thus it appears that 4d. an acre was the yearly rent, inclusive of the tenement.-Once on a Time, Vol. III.
WARRANT FROM THE POST-OFFICE TO EN-
FROM LONDON TO BATH AND return.
[The Statute 6 & 7 Vict. c. 73, s. 6, allows part of the term to be served "with the London Agent of the attorney or solicitor to whom any such person shall be so bound by contract,
'Gentlemen,-You are required, on sight not exceeding one whole year." And the 3rd
136 Correspondence.-New Chancery Order.-Examination Distinctions.—Notes of Week.
section provides, that the contract shall be to serve the term of five years to a practising attorney." Now, although the Annual Certificate may not have expired, yet if the attorney has altogether actually ceased to practise, we think the service to an attorney, who was formerly the London Agent of the retired attorney, would not be deemed good service; and at all events, it would be imprudent for the sake of saving about 40s., to continue the service without an assignment.-ED.]
THE NEW CHANCERY ORDER.
THIS Order for making every decree, order, report, certificate, petition, and document, on the first page, with the year, letter, and number by which the cause is distinguished in the book kept at the Record and Writ Office, will not take effect until the 1st day of Hilary Term, 1856.
And it will not apply to any cause commenced before the 1st day of Michaelmas Term, 1852.1
We understand that the Clerks of Record and Writs are about to prepare an Index, in strict alphabetical order, of all cases commenced since the 1st day of Michaelmas Term, 1852, and a sufficient number of copies will be printed and placed in
all the offices, so that the Solicitors will be enabled readily to comply with the Order. Without this Index, the difficulty of finding the dates of no less than 8,000 causes which have been commenced since Nov. 2, 1852, would have been enormous.
The entries in the Cause Book of the Record Office intended to be made under the New Order, will complete, as it were, the history, step by step, of every suit in the Court of Chancery.
In administration suits, the name of the testator or intestate, as well as the plaintiff and defendant will be given.
MANY of our readers are aware that at the Examination which takes place each Term in the Hall of the Incorporated Law Society, the Master who presides is accustomed to address the Candidates on the
In the copy of the Order at page 110, the date was by mistake 1842.
regulations which they are called upon to observe, the duties they will have to perform when admitted on the Roll of Attorneys, and the important and honourable character of the Profession which they seek to
In the last Term, Master Pollock, in addition to the usual remarks suited to the occasion, adverted to the desirableness of awarding some honorary notice of the Candidates who distinguished themselves by their answers, and expressed a strong opinion in favour of establishing some standard of merit to be attained by those Candidates who aspired to honourable mention of their names.
We understand that a plan for carrying this suggestion into effect is under the consideration of a Committee of the Incorporated Law Society. It will be recollected, indeed, that a Committee of that Society has already reported in favour of a classification of the Candidates, as appears in the Appendix to their last Annual Report.
We presume that due notice will be given of the proposed change in this respect, if it should be adopted, and which will, of course, be first submitted to the Judges for their sanction. We understand that the Masters of the several Courts generally approve of the suggestion. We shall give early information on the subject.
NOTES OF THE WEEK.
FURTHER PROROGATION OF PARLIAMENT.
IT was this day (Dec. 7), ordered by her Majesty in Council, that Parliament which stands prorogued to Tuesday, the 11th day of December, be further prorogued to Thursday, the 31st January, and a proclamation was ordered to be issued, summoning Parliament to meet on the 31st January, for the despatch of public business.
The Queen has been pleased to appoint Alexander Heslop, Esq., to be Attorney-General for the Island of Jamaica.-From the London Gazette of 7th Dec.
SOLICITOR ELECTED AS MAYOR.
Wisbech.-Mr. James Edward Fraser (second time).
French v. French. Dec. 7, 8, 1855.
DEBTOR AND CREDITOR. - DEED VOID AS
By an agreement, F. agreed to sell his business, as a chronometer and watch maker, with the stock, &c., to G., at a price to be fixed by valuation, and to be secured by a bill of exchange, payable in 12 months, and it was also agreed that G. should pay an annuity equal to one-fourth of the profits to P., during their joint lives, and on F.'s death, an annuity equal to one-sixth to his wife, the defendunt. It appeared that at the time of this agreement, F. was only in solvent circumstances, provided all his assets could be realised: Held, varying the decision of Vice-Chancellor Stuart, that as only a small portion of such assets had been realised, the agreement was void against creditors, under the 13 Eliz. c. 5, but that after the creditors were satisfied, the benefit given to the defendant ought to be carried out.
By an agreement, dated in August, 1852, William French, who carried on the business of a chronometer and watch maker, agreed to sell his business, together with the stock-intrade, fixtures, and fittings, to John B. Gibbons, at a price to be fixed at valuation, and to be secured by a bill of exchange, payable at 12 months, and it was further agreed that Gibbons should, during the joint lives of himself and French pay to the latter an annuity equal to one-fourth of the profits to be derived from the business, and on the death of French, an annuity of one-sixth of such profits to his widow, the present defendant, and two policies of insurance were to be effected by Gibbons on his life for 2,000l. and 5,000l., in the name and for the benefit of French. Upon the death of the latter in June, 1854, having bequeathed all his estate and effects to the defendant, whom he appointed his sole executrix, this suit was instituted to set aside the agreement as void,| under the 13 Eliz. c. 5. The Vice-Chancellor Stuart having dismissed the bill with costs, so far as related to the agreement, this appeal was presented.
Bacon, Terrell, and C. Browne in support; Swanston and Dickinson, contrà.
Cur, ad. vult.
the defendant ought to be carried out, but the creditors must in the first instance be satisfied. The defendant had contracted not to carry on her husband's business, but this obligation was clearly not binding on her. The decree of the Court below would therefore be varied, by a declaration that the agreement was void as against the creditors.
In re Selby, exparte Selby. Dec. 8, 1855. BANKRUPT SOLICITOR.-CERTIFICATE RE
FUSED WHERE BREACH OF TRUST.
A solicitor received a sum of money from a client for investment, but retained the same and paid interest as on an investment. Upon his bankruptcy, held, confirming the decision of Mr. Commissioner Evans, that he was not entitled to his certificate. THIS was an appeal from the decision of Mr. Commissioner Evans refusing the certificate in this case. It appeared that Thomas and George Selby carried on business in partnership as solicitors, and that Thomas Selby was trustee, together with another person, of a sum of stock for the benefit of a lady for life, with remainer to her daughter, Mrs. Shepherd, who had in 1827 mortgaged her interest to Thomas Selby to secure 4,000l. and interest. One of the clients of the firm, Mr. Hodges, who particularly trusted Mr. George Selby, had in 1828 transmitted 4,000l. to be invested on good mortgage security, and this amount was made of the security, nor any notice given to retained by them, although no transfer was the co-trustee, nor to Mr. Hodges, but interest first obtained a knowledge of the state of affairs was paid thereon until 1850, when Mr. Hodges
and demanded its restoration. In 1854 the firm became bankrupt with a large deficiency between the assets and the amount of debts to which Thomas Selby was liable.
Sanston and Fooks in support of the appeal; Bacon and De Gex for the respondent; Martindale for the assignees.
under a bankruptcy was not a matter of right, The Lords Justices said, that, the certificate but of discretion to be exercised upon judicial principles. The gound on which the certificate solicitor to his client-a relation as to the obliwas opposed was the breach of fidelity from a gation morally, legally, and equitably imposed The Lord Chancellor said, that even upon liable to be broken lightly, and with trivial by which, if this Court were to treat as slight, the answer of the defendant herself, it only ap peared that her husband was in solvent circum- consequences, it would incur a heavy responsistances, provided all the assets could be re-be the only imputation on Thomas Selby, who bility to society. The transaction appeared to alised; and that up to the present time, only a for many years had held an honourable posmall portion had been got in, and it could not therefore be denied, but that the effect of the sition, but it would be impossible to overlook it. The certificate must therefore be refused transaction was within the Statute. At the
same time, however, if at any future period the whole could be realised, the benefit given to
and the appeal be dismissed.
Superior Courts: Rolls.-V. C. Stuart.
Master of the Rolls.
SPECIFIC PERFORMANCE OF CONTRACT.-
After the formation of a building society in
THIS was a suit to compel the specific performance of an agreement for the purchase of certain leasehold premises, from the trustees of a Welsh Benefit Building Society under a power of sale in a mortgage deed, and which the defendant refused to carry out, on the ground that the assignment to them was by an unstamped deed. It appeared that the society was formed in 1841, but that the rules and regulations had not been certified and ap: proved by the Registrar until 1850,-the deed of assignment having been executed in the
Freeling for the trustees; Hobhouse for the defendant.
Cur. ad. vult.
The Master of the Rolls, after referring to the 10 Geo. 4, c. 56, ss. 7 and 37,' and the subsequent Statutes of 4 & 5 Wm. 4, c. 40, and 6 & 7 Wm. 4, c. 32, said, that the privilege of exemption from stamp duty given to such a society was not to be kept in abeyance until its rules and regulations had been confirmed, but must be considered as existing as soon as the society was legally and properly
Which enacts (sec. 7), that "no such society as aforesaid shall have the benefit of this Act, unless all the rules for the management thereof shall be entered in a book to be kept by an officer of such society appointed for that purpose, and which book shall be open at all seasonable times for the inspection of the members of such society, and unless all such rules shall be fairly subscribed, and such transcript deposited with the clerk of the peace for the county wherein such society shall be established as aforesaid ;" and (sec. 37), that no "bond nor other security to be given to or on account of any such society, or by the treasurer or trustee or any officer thereof, nor any draft or order nor any form of assurance nor any appointment of any agent, nor any certificate or other instrument for the revocation of any such appointment, nor any other instrument or document whatever required or authorised to be given, issued, signed, made, or produced in pursuance of this Act, shall be subject or liable to or charged with any stamp duty or duties whatsoever."
formed. The deed was therefore valid although unstamped, and a specific performance must be decreed.
In re Covington's Trust. Dec. 8, 1855.
COURT.-COSTS OF PETITION FOR PAY-
Trustees under a will paid the trust fund into
THE testator, by his will, gave all his vessels, barges, and boats to trustees in trust to sell and to pay the proceeds to the two petitioners, who were also entitled to the residuary personal estate. It appeared that they had received such residue, but that the trustees, upon selling the vessels, &c., had, under the advice of counsel, paid the proceeds into Court under the 10 & 11 Vict. c. 96, although stating their belief that the petitioners were the only parties entitled, and notwithstanding notice by the petitioners of their objecting to the trustees being allowed their costs.
Wigram and H. Stevens in support of this petition for payment of the fund out of Court; Malins and Moxon, for the trustees, referred to sect. 1, which provides, that "all trustees, executors, administrators, or other persons having in their hands any moneys belonging to any trust whatsoever, or the major part of them, shall be at liberty, on filing an affidavit shortly describing the instrument creating the trust according to the best of their knowledge and belief, to pay the same, with the privity of the Accountant-General of the High Court of Chancery, into the Bank of England to the account of the said Accountant-General in the matter of the particular trust (describing the same by the names of the parties as accurately as may be, for the purpose of distinguishing it), in trust to attend the orders of the said Court."
The Vice-Chancellor said, it was impossible to say that the trustees were not to have the costs of paying the fund into Court. But as the step which they had taken had not arisen from any doubt or difficulty as to the parties entitled to the fund, their costs of the present petition would be refused.
Mackintosh v. Great Western Railway Company,
Held, that the Court has power to direct the
Superior Courts: V. C. Stuart.-Queen's Bench.
to the plaintiff, and which was one of the other local rates or cesses, in respect of any issues to be decided-the cross-examination land, houses, or buildings, or parts of houses was directed to take place before a special
IT appeared that the plaintiff in this suit had examined Mr. Radford by affidavit, for the purpose of showing that a large balance was due to him, and that after a decree, which was made for an account, the defendant took out a summons to cross-examine, and the question as to his right to do so now came on on adjournment from Chambers.
Bacon and T. Stevens for the defendant; Elmsley and Bazalgette for the plaintiff.
or buildings, belonging to any society instituted for purposes of science, literature, or the fine arts exclusively, either as tenant cr as owner, and occupied by it for the transaction of its business, and for carrying into effect its purposes: provided that such society shall be supported wholly or in part by annual volun-. tary contributions, and shall not and by its laws may not, make any dividend, gift, division, or bonus in money unto or between any of its members; and provided also that such society shall obtain the certificate of the barrister-at-law or Lord Advocate, as hereinafter mentioned."
Pashley and Le Breton in support of the rate; Grove and Bodkin, contrà.
The Vice-Chancellor said, that under the old practice, upon a proper case being made out, the Court had power to decree the reexamination of witnesses, and by parity of reasoning the cross-examination. In the present Cur. ad. vult. case, one of the issues was the amount due to The Court said, that although the society was the plaintiff, and the affidavit could not be a most laudable one, it did not come within taken to be conclusive without giving the the statutable definition as being exempted as defendants an opportunity to cross-examine. a society instituted for the purposes of literaAs the Chief Clerk had onerous duties to dis-ture, science, or the fine arts exclusively, and charge and had no time to enter into an in- the respondents were entitled to judgment. quiry like the present, the best course would be to appoint a special examiner.
Regina v. Justices of Surrey. Nov. 22, 1855.
CERTIORARI.-ORDER OF SESSIONS WHERE
A certiorari was granted to bring up an order of Sessions, dismissing an appeal from the magistrates in special Sessions refusing an ale-house license, where it appeared from the affidavits in support that one of the respondent magistrates was sitting on the Bench next the chairman and had taken part in the conversation which had resulted in the decision in his own favour, although he stated in his own affidavit his belief that he was not present until after the decision of the case, and did not recollect its being heard or having conversed with the other magistrates.
last, for a certiorari to bring up the order of THIS was a rule nisi obtained on November the Surrey Sessions, dismissing an appeal from the magistrates in special Sessions refusing to grant an ale-house license to the appellant, and ordering the payment of costs to the respondent.
The Working Men's Educational Union was founded for the elevation of the working classes as regarded their physical, intellectual, moral, and religious condition, by encouraging the delivery of popular literary and scientific lectures, and by promoting the formation of popular lending libraries and mutual instruction classes. The society published diagrams as illustrations of the lectures which were sold at a reduced price to the subscribers: Held, on special case, that the society was not exempt from poorrate under the 6 & 7 Vict. c. 36, s. 1. It appeared on this case for the opinion of the Court, that the Working Men's Educational Union, in King William Street, Strand, was founded for the elevation of the working By the 9 Geo. 4, c. 61, s. 27, it is enacted, classes as regards their physical, intellectual, that “ no justice shall act in the hearing or moral, and religious condition, by encouraging determination of any appeal to the general or the delivery of popular literary and scientific quarter sessions as aforesaid, from any act lectures, and by promoting the formation of done by him in or concerning the execution of popular lending libraries and mutual instruc- this Act." tion classes. The society had published dia grams as illustrations of the lectures, which were sold at a reduced price to subscribers. The question was now raised whether the society was entitled to be exempt from the pay ment of poor-rates under the 6 & 7 Vict. c. 36, s. 1, which enacts, that "from and after Oct. 1, 1843, no person or persons shall be assessed or rated, or liable to be assessed or rated, or liable to pay to any county, borough, parochial or
It appeared, however, from the affidavits in support, that the respondent was sitting on the Bench next the chairman, and had taken part in the conversation which had resulted in the decision in his own favour, although the respondent in his affidavit stated his belief he was not present until the appeal was over, and did not recollect having heard the case, nor entered into conversation with the magistrates near him.