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Inns of Court and Chancery.-Points in Equity Practice.--Notes on Recent Statutes. 183 without a strict Examination as to their cha-11793, directed such Notices to be entered in racter and qualifications.
Books to be kept for that purpose at each of That no persons are admitted to practise as the Judge's Chambers. Surgeons without an Examination before the Your Memorialists beg leave most respectCourt of Examiners of the College ; and none fully to submit the foregoing Statement to are admitted to practise as Apothecaries with your Lordships' consideration, to solicit out being examined by Examiners appointed that you will be pleased to make such by the Court of Assistants of the Apothecaries order for remedy of the present inconveCompany
niences as to your Lordships shall seem That, with a view to the consideration of meet.
(L. S.) your Lordships' powers and authorities for re- Examined, medying the evils suggested, your Memorialists
R. MAUGHAM, beg leave to submit the following Abstract of
Secretary. the Statutes and Rules of Court relating to the 281h May, 1835. subject.
By the 4th Henry 4, c. 18 (1403), it was POINTS IN EQUITY PRACTICE. enacted that all the Attorneys should be examined by the Justices, and by their discretion
IN SUIT COMMENCED BY SUMMONS. put in the Roll, and they that were good and virtuous and of good fame should be received
Held, by the Vice-Chancellor Kindersley and sworn well and truly to serve in their that in a suit commenced by suramons, the Offices; and that the other Attorneys should Court may decide questions between parties enbe put out by the discretion of the said titled to the residuary estate, if these questionsJustices.
By the 3rd James 1, c. 7 (1606), it is enacted are founded upon the decree, but it cannot go that none should be admitted except those out of the decree, and if that did not extend brought up in the Courts or otherwise, well beyond estate specifically bequeathed, the practised and of skilful and honest disposition. Court cannot determine nor direct inquiries as
By a Rule made in Michaelmas Term, 1.564; to a question of conversion of leaseholds, init was provided that none should be admitted an Attorney unless he had practised five years volving the assumption of their being specifias a common Solicitor in Court, or had served cally bequeathed. five years as a Clerk to some Judge, Serjeant- In such a case, under a decree made on a at-Law, practising Counsel, Attorney, Clerk, or Officer of one of the Courts at Westminster, insufficient, it must be re-heard. West v. Laing
summons, as well as on a bill, if the decree is and should on Examination be found of good ability and honesty for such employment; and 3 Drewry, 331. that the Court should once in every year, in Michaelmas Term, nominate twelve or more OPENING BIDDINGS ON SALE BY PRIVATE able and credible practisers to continue for the ensuing year to examine such persons as should The rule under which the Court permits a desire to be admitted Attorneys, and appoint convenient times and places for the Examina- stranger to intervene, for the purpose of opening nation ; and the persons desiring to be admit- biddings on a sale by auction before the Masted were first to attend with their proofs of ter, has no application to a sale before him by service, then repair to the persons appointed to private contract. Millican v. Vanderplank, 11 examine, and being approved, to be presented Hare, 136. to the Court and sworn.
By the 2nd Geo. 2, c. 23, s. 2 (1729), it was enacted that the Judges, or any one or more
NOTES ON RECENT STATUTES. of them, before they admitted any person to take the Oath required by the Act, should jest
CHARITABLE TRUSTS' ACT.--"MATTER amine and inquire by such ways and means as
PENDING." they thought proper touching his fitness and It appeared that the matter of a charity had capacity to act as an Attorney, and if such come before the Court under Sir S. Romilly's Judge or Judges should be satisfied that such Act, and that an order had been made, apperson was duly qualified to be admitted to act as an Attorney, then, and not otherwise, the proving a scheme and directing inter alia the said Judge or Judges should administer the trustees to pay certain things and then to inOath.
vest the residue. That by virtue of the powers and authorities
A petition for the erection of a new school of this statute the Judges, by Rule of Trinity with part of the charity funds was held not to Term, 1791, directed the Notices of intention to apply for Admission to be affixed on the be within the 16 & 17 Vict. c. 137, s. 17, and outside of the Courts of Law at Westminster, could not be made except under the sanction and in other places; and it being afterwards of the Commissioners. In re Ford's Charity, considered that this notice was insufficient, the
3 Drewry, 324. Judges, by a further Rule of Trinity Term,
Remarkable Trials—The Slow Poisoning Case.
was that the prisoner had not furnished proper THE SLOW POISONING CASE.
medical advice for his wife. Of that you must
judge. Having called in Dr. Jackson, he The trial of Joseph Snaith Wooler, for the finds fault with him. [Here the learned Judge murder of his wife by poison, took place at recapitulated the evidence on this bead.] Durham, on the 7th, 8th, and 10th December. “ The next matter urged was that the priThe prisoner is a country gentleman residing wife's symptoms. We may assume that no
soner kept a book in which he entered his at Great Burdon, near Darlington.
entry appears to make against him, or it would Mr. Edward James, Q.C., Mr. L. Temple, have been read. But indeed Dr. Haslewood and Mr. Davison were the counsel, and Messrs. fully explains all about this book.
“The next matter is very important. It is Rymer, Murray, and Rymer, the solicitors for
that the doctors having desired the prisoner to the prosecution. Mr. Serjeant Wilkins, Mr. communicate to them the tingling of the hands Overend, Q. C., and Mr. Luurie were the if it should occur, he omitted to do so. Upon counsel, and Messrs. Rogerson and Ford the this point the counsel for the prosecution has solicitors for the defence.
been misinstructed. Dr. Jackson and Dr.
Haslewood say they never so requested the We are, of course, unable to report the de- prisoner to inform them of this, neither do tails of this extraordinary trial, all of which they agree as to the exact time or manner in hare appeared in the newspapers ; but we give which the prisoner did communicate the cirthe summing up of Mr. Baron Martin, and cumstance. [Here the learned Judge read haye corrected (on the authority of the Morning
their evidence on this subject.]
“The learned counsel for the prisoner has Post), the latter part, which is printed in Italics. spoken in harsh terms of the medical witnesses. As first reported, it appeared that the learned I do not adopt those terms, but it does seem Judge had intimated “a surmise that there to me that their conduct, as detailed by themwas a person upon whom his fancy would rest selves, was reprehensible. But people are often
wise after the event, and I believe that those rather than upon the prisoner.”
witnesses now think that their suspicions were “The learned Judge summed up with some stronger at the time than they really were. masterly observations upon the case and the Why did they not sooner find out this symptom evidence. He observed that the accusation of tingling of the hands hy asking Mrs. Wooler against the prisoner was, that by continued herself ? "If they suspected that arsenic was small doses of arsenic he poisoned his wife, being administered, they should have gone beand in case of conviction he would undoubt. fore a magistrate, instead of simply using twice edly forfeit his life. Much has been said about an antidote. The learned Judge commented prejudice in this case, but, observing your calm severely upon Dr.Jackson's statement, that he demeanour and attention, I should not have had withheld from Dr. Haslewood his susobserved upon it except for an exhibition of picions. I think that Mr. Henzell was the first feeling on Saturday. That deceased died by to suspect, and that the others did not pay. arsenic was early in this trial admitted by the much attention to his suspicions. The supprisoner's counsel. The next question is, whe- posed substitution of another person's urine ther there is sufficient evidence to show that the might have been a mistake. prisoner administered it? In most cases of “The conduct of the prisoner at the time of murder certain facts are clearly established, his wife's death is said to have been improper. from which, although circumstantial only, You have evidence on this head on which you juries may safely draw conclusions. This is must form your own opinion. But I would the first case of poisoning extending over so recommend you not to attach much weight to long a period. The law requires that the con- it, Different men have different modes of clusions of a jury should be drawn from proxi- evincing their feelings. As to his conduct on mate and evident premises, not from slight receiving the note from Dr. Jackson, it was and far-fetched surmises. I have collected the opined that he gave a false account of the circumstarices which the learned counsel for cause of death. Would a man who believed he the prosecution relies on to prove that the pri- was writing to a murderer have written in the soner is guilty. If you have read his speech, terms Dr. Jackson used ? Does the prisoner I pray you not to rely on it, but on the evi- take the letter as an imputation upon himself dence.
of murder? It seems to me not. “It is clear that the prisoner had a large “The will had evidently been prepared by a collection of drugs in his possession. Dr. lawyer, and it would require a curious imagiJackson and Dr. Haslewood state that Fowler's nation indeed to discover from that will any solution was among them. At the inquest it is intention to murder. As to the correspondence, said that this bottle was not produced, but no the opinion of Dr. Haslewood and Dr. Jackson importance appears to have been then attached did not quite concur. to the circumstance. It does not appear but “There remains the discovery of the arsenic that, if the prisoner had been asked about it, in the enema pipes. How it got there is inhe could have produced it or given an explana- volved in more mystery than I have met with
Remarkable Trials-The Slow Poisoning Case.
185 in any other case. No motive is suggested. mistake or culpable negligence, I wish to bring The prisoner's supposed knowledge of drugs before your notice the following facts : is a two-edged sword. He pays Dr. Taylor for “1. Symptoms of arsenical poisoning in a examining parts of the body. He does not minor degree showed themselves in the deevade the charge by absconding.
ceased before any medicines were dispensed “ I have commented on this case, and am from my surgery, and Ann Taylor, in her eviprepared to read through the evidence if you dence before the coroner, deposed that those desire it. [The jury intimated they did not.] symptoms continued without intermission up The law requires not suspicion only, but plain to the time of the death of her mistress. No and natural consequences, not far-fetched ones, mistake of mine, then, could have caused the from the evidence. It is for you to say whether first symptom. you can safely come to the conclusion that the “2. Though Fowler's solution of arsenic and prisoner administered the arsenic. I am un laudanum are sometimes not unlike in colour, able. I may observe that, there is no evidence had I made any mistake and substituted the to convict the prisoner, OR ANY OTHER PER- one for the other, the quantity used in the inSON, of the crime for which Mr. Wooler is in-jections must have caused the death of the dicted ; and had I allowed my imagination to patient, not in several weeks, but in 48 hours play over the case, my suspicions would rather at the latest. A mistake, then, in this case have rested anywhere than on him.
was impossible. “The jury retired at a quarter to 6 o'clock, “3. But such a mistake is with me at all and after an absence of 10 minutes returned times impossible. The arrangements of my with a verdict of Not Guilty.
surgery do not, as is erroneously supposed, “ The learned Judge said,—The country are place the laudanum and Fowler's solution side indebted to you for your great attention, and I by side, or in proximity; they are and have myself feel extremely thankful for the care you always been divided by the whole length of a have bestowed. I would have interfered sooner, fair sized room (the bottles are totally dissimibut thought it more satisfactory to allow the lar in size and shape), and as sober men, with case to be fully heard.”—From The Times. painful suspicions of poison in our minds, is it
possible that either my assistant or myself We feel called upon to add the following could have carelessly taken one bottle for the correspondence which has passed between other? If I dispensed arsenic from my surDr. Jackson, of Darlington, and Mr. Baron gery to Mrs. Wooler I must then have done it
knowingly and wilfully. Martin, in reference to this mysterious case :- “My Lord, weigh these things well. I ask
“ Darlington, Dec. 17. a question affecting my character, my welfare, “My LORD,– It is with intense pain and and my happiness, and I pray humbly for an anxiety that I feel compelled to approach your answer which may enable me to rescue myself Lordship on the subject of the Burdon poi- and my profession from unmerited suspicion soning case, tried by you at the late Durham and contempt. assizes.
“To combat the serious, undefined charge “As the principal medical man examined on which has been publicly made, I seek your the case, upon whose conduct your Lordship Lordship’s permission to publish your Lordstrongly animadverted, I yet bow with rever- ship's answer, together with this letter, in the ential submission to all the remarks which you newspapers. thought fit to make in your charge to the jury
“I am, my Lord, upon the evidence; but upon your closing ex
“ Your Lordship’s obedient servant, pression, viz., that there was another person
“ Thomas HAYES JACKSON." whom you would be inclined to find guilty
« Sir Samuel Martin." rather than the prisoner, I humbly submit that I am entitled to some explanation. I ask for
“75, Eaton Square, Dec. 19. this explanation because Dr. Taylor and other “SIR, I have to acknowledge your letter witnesses having proved that Mrs. Wooler was of the 17th inst., and I think that, under the scientifically destroyed, the medical men come circumstances, I ought to depart from the first under the imputation-an imputation de usual and almst universal rule among Judges, rogatory to the profession, and which might be not to notice such a communication. Your most destructive to my own character and in-complaint is confined to the expression which terests. Your Lordship’s words may mean you describe as the closing expression of my either that I gave the deceased poison wilfully summing, up-viz., that there was another or through culpable negligence.
person whom I would be inclined to find guilty "If the former, as I am sure an English rather than the prisoner.' I am certain I never Judge would not rashly make such a charge, I made use of such an expression, or anything submit most respectfully that I should be put tantamount to it. in possession of the grounds of your opinion, " It is impossible for me to state with verbal that I may be allowed an opportunity of dis- accuracy what I then said; I can be certain of abusing your Lordship's mind of such a sad my meaning only. mistake, and not be suffered to be crushed by * The substance of what I meant to say, and a public opinion founded on your Lordship's believe did say, was this that in a case of words alone. If your Lordship alluded to presumptive evidence imputing the guilt of
PROSPECTUS OF THE LECTURES TO BE DE
Remarkable Trials.- Inns of Court.' murder, the law required the presumptions to for Mrs. Wooler and sulphuric acid enters be the plain and natural consequences follow- into the composition of muriatic acid. An ing from the facts proved, and that it was not instance of poisoning by muriatic acid so to be made out by fancy or surmise or suspicion, but by facts that amounted to proof; prepared came to the knowledge of Dr. Davis that I had endeavoured in my own mind to five years ago, where disastrous effects were arrive at some conclusion on the subject, and produced in the family of a gentleman, in conthat it appeared to me there was no proof against any one; but that if I were to indulge sequence of muriatic acid and soda being emin mere surmise and fancy, not the prisoner, ployed instead of yeast to leaven bread. The but some other person would first occur to my acid in that case was analysed, and a quantity mind. If the entire of what I said upon this of arsenic found, quite sufficient to account for subject had been reported, I cannot but think the deleterious consequences. It appears that it would have been obvious to any one that I did express what I intended to express, viz., no the sulphur mostly used in the formation of imputation of guilt upon any one, but a strong sulphuric acid is obtained from the copper illustration of the extreme danger of convicting mines, and hence its frequent impregnation Mr. Wooler upon any fancy or surmise from with arsenic. the facts and circumstances proved, by suggesting that a fancy or surmise more plausible
Another suggestion is,-that the deceased, than could be entertained against Mr. Wooler, having been long resident abroad, had acquired though equally insufficient to bring home guilt the habit of taking small portions of arsenic in or the suspicion of it, might be directed against a preparation for improving the complexion ; another. “ Your obedient servant,
and that such habit was, as usual, kept secret “Samuel MARTIN.” from her husband. "T. Hayes Jackson, Esq., M.D., Darlington.”
INNS OF COURT. We observe that some of the newspapers very naturally contend for the perfect accuracy of their reports, and urge that all the reporters
LIVERED DURING HILARY TERM, 1856. agree in the version they give of the Judge's
Constitutional Law and Legal History. words. Though they cannot, of course, gain
The Public Lectures to be delivered by the say what the Judge meant to communicate to
Reader on Constitutional Law and Legal the jury, they maintain that he expressed him
History will comprise the following subself in the precise words reported. Now, with jects :every. inclination to believe in the marvellous Conclusion of the Series of Rules for the accuracy of practised reporters, it is possible Interpretation of Laws and Contracts View that a word or two may have escaped notice, of the Reign of Elizabeth-Condition of Re
ligious Parties at the Accession of James and thus the supposed imputation on some the First-Privileges of the House of Comother person than the prisoner may have been mons — Character and Result of Political mistaken. We have the authority of a gentle- Struggles during his Reign--Courts of Star man who was present at the trial, and who in- Chamber and High Commission-Influence of forms us that, although he does not doubt the of State Control-Conduct of the Judges du
the Church-Attempts to make it Independent general accuracy of the newspaper reports, yet ring the Reigns of the Stuarts—Changes in the that the language of the Judge did not convey Tenure of Property-Changes in the Value of to his mind the suspicion of some other person
Personal Property, as indicated by the Stathan the prisoner which has been inferred from Labouring Class – Impeachments of Baron,
tute Book-Changes of the Condition of the the reported expression. A communication, Middlesex, and Danby — Attainder of Lord however, has been received from Dr. Davis of Strafford-Character and Progress of English Builth, Brecknock, suggesting that the poison- Jurisprudence. ing might have arisen from another cause, without ascribing a guilty intention to any one,
In his Private Lectures the Reader, after he He observes that it does not appear from the
has reached the termination of the Seven
Years' War, will return to the reign of published evidence that any of the witnesses
Henry the Seventh. were mindful of the fact that sulphuric acid fre- Books-Pothier's Pandects, Chapter De Reqently contains arsenic, and that consequently gulis Juris ; Dornat, vol 1; Millar's View all articles of food, or medicine prepared from
of the English Constitution; Hallam's such acid, must contain the poison. It appears
Chapters on the Reign of the Tudor and
Stuart Kings; Parliamentary History of that muriatic acid was a medicine prescribed the Period; Rapin's History of the period ; Inns of Court-Prospectus of the Lectures to be Delivered.
187 Clarendon's History and May's History ; Jurisprudence and the Civil Law. The State Trials of the period.
The Reader on Jurisprudence and the Civil The Reader on Constitutional Law and Le. Law proposes, in the ensuing Educational gal History will deliver his Public Lectures at Term, to deliver a Course of Nine Public Lincoln's Inn Hall, on Wednesday in each Lectures on the following subjects :week (the first Lecture to be delivered on the I. The Analysis of Law, and of the Concep16th January, 1856), commencing at Two P.M. tions immediately dependent on it; II. The The Reader will receive his Private Classes on Law of Persons or Status: its departments Tuesday, Thursday, and Saturday mornings, and sub-departments, and their connexion at half-past Nine o'clock, in the Bencher's with each other; III. The Law of Things : Reading Room, at Lincoln's Inn Hall.
its relation to the Law of Persons, and the
connection of its several departments; IV. Equity.
Actions and Civil Process; V. The Law The Reader on Equity proposes to deliver, of Testamentary Succession : Ancient
during the ensuing Educational Term, theories of succession, and the principles Nine Lectures on the following Subjects:
descended from them to modern juris1. The General Principles and Maxims of prudence; VI. The Position of Women in
Equity; II. The Nature and Uses of Roman Law, as respects personal and
through the Principal Departments of Roman The Reader will continue with his Senior Law, beginning with the Law of Things. The and Junior Classes the general course of Equity tiones Juris Romani Privati of Warnkönig. On
Text-book principally used will be the Institualready commenced, using, as before, Smith's Manual of Equity Jurisprudence as a text
certain days, the Class will read the last two and book. He will also, in the Senior Class, ex- other selected Titles of the Digest. Copies plain the leading rules of Pleading in Equity of the entire Corpus Juris will be provided in from the work of Lord Redesdale.
the Lecture Room. The Reader on Equity will deliver his Public
The Public Lectures will be delivered in the Lecture at Lincoln's Inn Hall, on Thursday in Hall of the Middle Temple, on Tuesday in each each week during the Educational Term, com- week, at Two P.m. (The first Lecture of the mencing at Two o'clock P.M. (The first Lec- course on Tuesday, Jan. 15, 1856.) ture to be delivered on the 17th of Jan. 1856).
The Private Classes will assemble at the Class The Reader will receive his Private Classes on Roor in Garden Court, on Tuesday, ThursMonday, Wednesday, and Friday evenings, day, ao1 Saturday evenings, the Junior Class from Seven till Nine o'clock, in the Benchers’ at a quarter to Four P. m., and the Senior at Reading Room at Lincoln's Inn Hall.
half-past Six P.M. The first Private Class will
be held on Thursday, the 17th January. All Law of Real Property, &c.
gentlemen desirous of joining either Class are The Reader on the Law of Real Property, Class Room at a quarter to Four.
desired to meet the Reader on that day in the &c., proposes to deliver, in the ensuing Educational Term, a Course of Nine Pub
Common Law. lic Lectures on the following subjects :1. Estates upon Condition; II. Limitation
The Reader on Common Law proposes to deby way of Cross Remainder ; III. Powers liver, during the Educational Term comof Sale; their Creation, Exercise, and mencing the 11th January, 1856, Nine Transmissibility; IV. The Liability of
Public Lectures on Mercantile Law, and Purchasers, to see to the Application of
on Rules of Evidence applicable in Mertheir Purchase-money.
cantile Transactions. These Lectures will The Lectures to be delivered to the Private
principally treat of: Classes will comprise the following subjects :
I. The Rise and Progress of Mercantile Law With the Senior Class, the general rules ap- in this Country : considered more particularly plicable to the construction of Deeds and Wills in connection with some leading decisions of will be discussed. With the Junior Class, the Lord Mansfield; II. Our Legislative Policy operation of the Rule in Shelley's case, and the in regard to Mercantile Transactions traced out elementary principles of the learning on Powers, by reference to the Statute Book; III. The with the text of the first volume of Sugden on actual State of our Law Merchant. Points Powers, will form the subjects of the Lectures. wherein it differs from other existing systems
The Public Lectures will be delivered at of Mercantile Law; IV. The most recent imGray's Inn Hall, on Friday in each week, at portant decisions bearing up on the Lex MercaTwo P.M. (The first Lecture to be delivered toria generally, and Mercantile Instruments in on the 18th January, 1856.) The Private particular. Classes will be held in the North Library of Gray's Inn, on Monday, Wednesday, and Fri- With his Private Class the Reader on Comday Mornings, from a quarter to Twelve to a mon Law will for the most part pursue the quarter to Two o'clock.
ground indicated in the above prospectus; di