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Table C. Memorandum of association, with read over to the testator, asked him whearticles of association annexed.

Table D. Table of fees.

Form E. Summary of capital and list of shareholders.

Form F. Form of licence.

Form G. Form of mortgage.
Form H. Form of Balance sheet.



ther the disposition of the property was as he wished it to be, when the testator replied that it was, and that he would have done more for Mr. Weatherill if he would have let him. The testator, by his will and a subsequent codicil, gave his residuary personal estate among certain relatives.

The plaintiff, as the heir-at-law, filed this bill upon the testator's death, praying for an account of the personal estate, and for declarations that the 1,000l. promissory note formed part of the estate, and that Mr. Weatherill was trustee for himself of the Tolsby property.

THE testator, a farm labourer, employed Mr. Weatherill in 1844 as his attorney in The Lord Justice Knight Bruce said :— two actions of ejectment to try the validity "The question, whether, in the matter of this of the will of a Mr. Richard Hindson, testator's will, the conduct of Mr. Weatherill whose heir-at-law he was, and to recover was prudent, was delicate, was such as should certain lands at Tolsby. It appeared that be recommended to other solicitors for exact the solicitor supplied the requisite funds imitation, is not within our cognizance, and for these proceedings, pending which the does not require to be answered on the pretestator applied unsuccessfully to some of sent occasion. The question to be resolved is his relatives for assistance. Mrs. Hindson, whether, on the assumption which must be the widow of the testator's brother, how-made, that the will and codicil were duly, proever, wrote a letter to him saying that she had little money to spare, but wished to do all she could that justice might be done to every branch of the family. To this letter the testator sent an answer, written at his direction by Mr. Weatherill and signed by himself, in which he said, "If I succeed in setting the will aside, substantial justice shall be done to all parties to whom I am related."

The action was afterwards compromised by the payment to the testator of 4,2007. and the costs.


In July, 1850, the testator sent for Mr. Weatherill and instructed him to prepare his will, stating his wish to confirm thereby a gift he had previously made to him of promissory note of 1,000l. The will was accordingly prepared and read over to the testator, who said he had changed his mind as to certain property at Tolsby, that he did not know his London relatives even by name, and had never seen them, that they had rendered him no assistance in procuring the property, which he had to dispose of, and that he would alter in Mr. Weatherill's favour the devise of the Tolsby property.

perly, and upon sufficient grounds admitted as they were to probate, and on the assumption also that, upon an issue devisavit vel non, if directed, the heir would have no case as to the entire will and codicil, or as to any part of either instrument, Mr. Weatherill ought upon the facts in evidence to be deprived in equity of all benencial title to the real estate, and the note

for 1,000/., or either of them.

"How the matter would have stood if undue influence, or if misrepresentation, or if suppression or any unfair dealing, had been established against him, or if it had been shown that he had omitted to perform any duty incumbent on him as the testator's solicitor or agent, it is unnecessary for me to say, for in my opinion no such thing has been done. Mr. Weatherill prepared his client's will, containing dispositions in his own favour. There begins and there ends the case, as I view it. But a case to beginning and so ending does not take away the right either legally or equitably of a solicisor to be for his own benefit a devisee or legatee.

"It is, in my opinion, not shown that this testator made his will under any mistake or misapprehension, or, if he did so, that the mistake or misapprehension was one of which the existence or continuance was caused or induced by the solicitor, or is ascribable to the solicitor, or was one to the existence or continuance of


Law of Attorneys.-Law of Costs.-Spring Circuits of the Judges, 1856.

sioner in bankruptcy for a sale, and now appealed from so much of his decision as directed the proceeds of the fixtures to be paid over to the assignees.

which the solicitor contributed. It appears to leasehold premises and of the fixtures thereto me that upon the evidence the testator must belonging, and on the debtor becoming bankbe taken to have made his will as a free agent rupt, they presented a petition to the Commisin every sense, not only as that term is understood in Courts of Law, but as it is understood in Courts of Equity also. He meant to do what he did, and there is, I think, a total absence of evidence to shew that his intention in that respect was unfairly caused, unduly proIt has been cured, or improperly induced. argued, but in my opinion not proved, that the testator gave the instructions for his will, and made it, without a knowledge or without a recollection of Mrs. Hindson's letter to him, and that therefore Mr. Weatherill ought, before the will was signed, to have mentioned the letter to him. It appears to me that the evidence before us is well consistent with the

On the question of the costs of the appeal, (which was allowed,) and of the petition for sale, Mr. Malins stated that the general practice of the Commissioners was to make an equitable mortgagee pay the costs of his petition for sale, whether he was an equitable mortgagee by mere deposit of deeds, or by a deposit accompanied by a memorandum.

The Lords Justices, after referring to the

equitable mortgagee by a mere deposit paid the costs of the petition, but that a memorandum entitled him to his costs out of the proceeds of the sale of the mortgage, said, that in their opinion the present practice, as stated to them, was not correct; and in reference to the case before the Court, ordered the petitioners' costs

notion that the testator had received the letter in due course, had read it as soon as it was received, had instructed Mr. Weatherill to an-distinction which formerly existed, that an swer it as it was answered, and gave the instructions for the will, in their original as well as in their final state, with a perfect recollection of both letters; nor do I perceive any ground for inferring that Mr. Easton's assistance (if any) or interference in the matter of the claim which had been the subject of the compromised ejectment was not contemporaneously known to the testator, or had been forgotten by him. The testator's feelings to- of the appeal to be paid out of the estate, and wards his relatives, or some of them, may very all other costs to be added to their security. possibly not have been those of a moral phi- Exparte Barclay and others, in re Gavan, 5 De losopher or an accomplished Christian, but I G., MN. & G. 417. see no reason for believing that he had received from any of his family any service or benefit whatever, or at least any deserving gratitude on the testator's part.

"As to the authorities cited, they seem to me all consistent with a conclusion in Mr. Weatherill's favour-it being impossible that a testamentary gift by a client to a solicitor can against the latter be liable to all the same considerations as a gift to him inter vivos would have been, though it may be open to some of them.

"And with regard, in the present instance, to the gift of the note, whether it could have been maintained independently of the will I do not say or suggest. However that may be, I think that, circumstanced as this case is, the will cured the defect (if any), the infirmity (if any), in that transaction, and was equally effectual with respect to the real estate, as to which, however, if the plaintiff shall desire an issue devisavit vel non, or an opportunity to bring an ejectment, possibly he ought to have it." Hindson v. Weatherill, 5 De G., M'N. & G. 301.



A LEASE was deposited with the petitioners accompanied by a memorandum expressly constituting them equitable mortgagees of the

JUDGES, 1856.

Crompton, J., will remain in Town.


Lord Campbell, C. J. and Pollock, L. C. B.
Thursday, February 28, Northampton.
Monday, March 3, Leicester and Borough.
Friday, March 7, Oakham.

Saturday, March 8, Lincoln and City.
Thursday, March 13, Nottingham & Town.
Monday, March 17, Derby.

Thursday, March 20, Warwick.


Jervis, L. C. J. and Wightman, J.
Monday, March 10, Aylesbury.
Thursday, March 13, Bedford.
Monday, March 17, Huntingdon.
Wednesday, March 19, Cambridge.
Monday, March 24, Bury St. Edmunds.
Saturday, March 29, Norwich and City.


Alderson, B. and Coleridge, J.

Wednesday, February 27, Hertford.
Monday, March 3, Chelmsford.
Thursday, March 6, Lewes.
Monday, March 10, Maidstone.
Monday, March 17, Kingston.

Circuits of the Judges.- Common Law Procedure Act.-Candidates Passed.


Cresswell, J. and Bramwell, B.

Monday, March 3. Reading.
Wednesday, March 5, Oxford.

Saturday, March 8, Worcester and City.
Wednesday, March 12, Stafford.
Wednesday, March 19, Shrewsbury.
Monday, March 24, Hereford.
Wednesday, March 26, Monmouth.
Saturday, March 29, Gloucester and City.

Erle, J.

Monday, March 10, Welchpool.
Thursday, March 13, Bala.
Saturday, March 15, Carnarvon.
Wednesday, March 19, Beaumaris.
Saturday, March 22, Ruthin.
Thursday, March 27, Mold.

Saturday, March 29, Chester and City.


Williams, J.

Monday, March 3, Haverfordwest & Town.
Thursday, March 6, Cardigan.
Monday, March 10, Carmarthen.
Friday, March 14, Swansea.
Saturday, March 22, Brecon.
Wednesday, March 26, Presteign.
Saturday, March 29, Chester and City.


Platt, B., and Crowder, J. Monday, March 3, Winchester. Saturday, March 8, Salisbury. Wednesday, March 12, Dorchester. Saturday, March 15, Exeter and City. Saturday, March 22, Bodmin. Thursday, March 27, Taunton.


Martin, B. and Willes, J. Monday, February 18, Lancaster. Thursday, February 21, Appleby. Saturday, February 23, Carlisle.

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Ir is ordered by her Majesty in Council that within one month after such order shall have been published in the London Gazette all the provisions of the "Common Law Procedure Act, 1854" (except such as are contained in the sections of the said Act, numbered respectively 2, 17, 75, 76, 77, 95, 97, and 98, and the whole of the 99th section, except so much thereof as explains the meaning of the word

action," and also except sections 100, 101, 102, 104, 105, and 107, in the copy of the said Act printed by her Majesty's Printer), shall extend and apply to the Court of Record within the city of Manchester, as to matters and proceedings in the said Court.

And it was further ordered, that all the authorities, powers or duties exercisable by the Court or a Judge, or any number of Judges, under any of the sections of the said "Common Law Procedure Act, 1854," hereby extended and applied to the said Court of Record within the city of Manchester shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by such Court, or the Recorder thereof; and that all the authorities, powers or duties exercisable by a Master, or any number of Masters, under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Registrar of the said Court of Record or his deputy; and that all the authorities, powers and duties, exercisable by a Sheriff under any of the sections of the said Act as aforesaid, shall, as regards matters and proceedings in the said Court of Record, be exercisable and exercised by the Serjeant-at-Mace of the said city of Manchester.-From the

Wednesday, Feb. 27, Newcastle and Town. London Gazette of February 1.

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Candidates Passed.-Chancery Easter Holidays.-Erasures in Affidavits, &c.

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Evans, John Hayward
Fisher, John Horman
Floyd, John Ward
Gellatly, Peter, jun.
George, Francis
Gething, James Edwards
Gilman, Charles Rackham
Goold, Tom

Grimsey, Benjamin Page
Hall, Samuel'
Hanbury, Archibald

Hindley, Douglas Pluckett
Hunt, Bristow

Jones, John Cox

Keir, Campbell Mackintosh, B.A.

Latcham, Joseph Haythorne
Lewis, George Henry
Lloyd, Robert William.
Logan, Crawford Brown
Millington, John Henry
Murray, Charles Frederick
Newton, Thomas Henry
Nicholls, Thomas
Parker, John, jun.
Parnell, George, M.A.
Parry, Richard

Pears, William Thompson

Phillips, Henry

Pepe, Stephen Ratcliffe.
Powell, Joseph, B. A.
Preston, Samuel

Prior, Joseph, jun.

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Pugh, Edmund Lechmere

Richardson, John.

Roberts, Charles Dobree
Round, James

Roupell, William
Smith, William
Spire, George

Sydney, Algernon Edward
Tweedie, Richard Walter
Upfill, James Marshall.
Upperton, Robert, jun. .
Waldy, Henry Temple
Watson, John, jun.
Watson, William Francis
Webster, George

Wheat, Thomas Whichcote

White, Henry Brown

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Williamson, Edward Walter.

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CHANCERY EASTER HOLIDAYS. Saturday the 29th day of March next, both

Monday, the 28th day of January, 1856. WHEREAS by the 1st Article of the 8th of the General Orders of the High Court of Chancery, of the 8th May, 1845, it is provided that the Easter Vacation is to commence and terminate on such days as the Lord Chancellor

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In pursuance of directions from the Master shall every year specially direct. Now I do of the Rolls, the Clerks of Records and Writs hereby order that the Easter Vacation for the

present year shall commence on Thursday the will, on and after the 1st day of March, next, 20th day of March next, and terminate on refuse to swear or file any answer, affidavit, or

Selections from Correspondence.-Notes of the Week.

other document containing alterations made by erasures with the knife or other instrument. All alterations are to be made with the pen, except in printed bills and claims, which must be in type.

Record and Writ Clerks' Office,

1st February, 1856




In order to be admitted as a member of an Inn of Chancery, application should be made to two of the present members requesting to be proposed. Information can be obtained of the respective stewards of the Inns as to the terms of admission.

A Correspondent at Burnley is informed that no steps towards obtaining a Charter or an Act to incorporate the Bar into a University or (more properly) into a College, have yet been taken, and therefore his suggestion is premature.

The Commissioners' Report is only now before Parliament, though dated in August last. No doubt the Incorporated Law Society will vigilantly watch the measure.

To the Editor of the Legal Observer.
SIR,-Having read in your last number but
one, a letter from a Conveyancer respecting
the recovery of Counsels' Fees, I beg to reply
to the first of his queries by informing him,
that I believe I can state upon the best autho-
rity, that an eminent conveyancer whose fees
were not paid, found it necessary on one oc-
casion to resort to a personal communication
with the client of the solicitor, not with a view
to demand his fees but to expose the solicitor to
his client, in order that the latter might not be
charged with fees which had never been paid.
I may add, that the result of this was, that the
solicitor remitted the fees by return of post with
a very humble apology. I myself had once in
the course of my practice, to threaten a solicitor
with a similar exposure, and this had the de-
sired effect without the necessity of writing to
his client. I am, sir, your obedient servant,

Jan. 24, 1856.
If an Articled Clerk gives his Notices for
Examination and Admission before Trinity for
Michaelmas Term, and after giving the Notices
his Master should discontinue practising, and
the Clerk is obliged to be afterwards assigned,
Will the Notices previously given be good, or


must the Clerk give fresh Notices for Hilary
Term following?

[We think the Notices will be sufficient, if truly stated at the time they are given. The subsequent change of service will not, we think, delay the Clerks' Examination or Admission.-ED.]

The Suggestion of our Correspondent F. L., at Wakefield, shall be attended to, particularly as to the seniors of the Profession.

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The Queen has been graciously pleased to give orders for the appointment of Alexander Stewart, Esq., late Master of the Rolls for Nova Scotia, to be an ordinary member of the Civil Division of the Third Class, or Companion of the most Honourable Order of the Bath.From the London Gazette of 5th Sept.

Mr. Charles Marsh Lee, Solicitor, has been appointed Clerk to the Magistrates, Town Clerk, and Clerk to the Local Board of Health of Salisbury, in the room of Mr. Matthias Thomas Hodding, resigned.


In a carriage case, before the Queer's Bench, Mr. Hawkins had frequently to advert to that description of vehicle, called 66 a Brougham," which he pronounced in proper dissyllabic

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