Page images
PDF
EPUB

300 Metropolitan Police. Bill.- Review : Rouse's Practical Conveyancer. determined without the sanction of Secretary purpose of securing the distinct interest of of State ; s. 13. , .

some particular parties, and are therefore 3 & 4: Vict. c. 83, s. 24, repealed; s. 14.

found not only defective as a body of pre

cedents, but also frequently either of too Interpretation of terms; s. 15.

og special a kind to be of use in the ordinary Act to be construed with 2 & 3 Vict. c. 93, SP

course of business, or too partially drawn and 3 & 4 Vict. c. 88; s. 16.

to be relied upon in general cases. Act not to extend to Metropolitan Police! The arrangement of « Barton's Prece. District or City of London ; s. 17.

dents” (as Mr. Rouse observes) was, to a

certain extent, not badly suited for refer METROPOLITAN POLICE BILL. ence ; but the alterations in the law have

rendered that work obsolete: and even as PREAMBLE. recites 10 Geo. 4, C. 44, and 2 & respects arrangement it was rendered some3 Vict. c. 47.

what inconvenient, from the number of reOne commissioner of police only to be here- ferences and riders; which, to a young after appointed; s. 1.

practitioner especially, or to a solicitor in Tivo assistant commissioners of police to be giving instructions to a clerk to prepare a appointed; s. 2.

draft, would lead to extra trouble, and re

quire much more care, than if each draft Salary of commissioner to be 1,5001., and

were given complete in itself. On the other assistant commissioners 8001, each ; s. 3. Assistant cominissioners to be within the

hand, by giving each draft complete in the

ordinary way, a work, containing many Superannuation Act 4 & 5 Wm. 4, c. 24 ; s. 4.

precedents, would be very bulky, and ne: The powers of the commissioners of police cessarily expensi to be vested in the sole commissioner ; 8. 5. ' It appeared, therefore, to Mr. Rouse

Duties of assistant commissioners ; s. 6. that, by adopting the course nsual with Matters now required to be done by one of conveyancers in preparing a draft, all the the commissioners of police to be done either advantage of having the drafts complete by the commissioner or an assistant commis- might be obtained, and yet the forms given sioner, as the Secretary of State may direct; s. 7.

within a small space. That course is, In case of vacancy of office of commissioner

first, to prepare an outline of the draft, and

then to fill up the clauses. The experiencof police, or of his illness or absence, an as

ed practitioner will find this not only the sistant commissioner may be authorised to act

readiest mode of preparing a draft himself, for him; s. 8.

| but the means of enabling him to detect at Certain provisions applicable to the commis-l a glance, any unsuitableness in the form ; sioners of police to be applicable to the assis- and, if possessed of numbered clauses, he tant commissioners; s. 9.

will also be able in a few words and figures Acts done by one commissioner during the to give instructions to a clerk to prepare vacancy in the office of the other confirmed; even a lengthy draft. s. 10.

To a young practitioner, also, having before him a sort of bird's-eye view of the

draft, he would not be confused by its NOTICES OF NEW BOOKS.

length and complexity, and would not, in

filling up each clause, have his attention The Practical Conveyancer, a Companion to distracted by considering the effect of the

Rouse's Practical Man, giving, in a Mode draft generally. combining Facility of Reference with Again, it appeared to the Author that the General Utility, 365 Precedents of Con-arrangement of forms might be improved, veyances, Mortgages, and Leases, and a by giving the variations according to the Collection of Miscellaneous Forms. By order of the different parts in a conveyance. ROLLA Rouse, Esq., of the Middle Thus to commence with variations in the Temple, Barrister-at-Law, Author of parties conveying ; then take those in the - The Practical Man,” “The Copyhold parties to whom the conveyance is made ; Enfranehişement Manual,” &c., Lon- next in the consideration; then in the don: Butterworths. 1856. Pp. 545. grant; and afterwards in the parcels and

The precedents usually given are pre. estate conveyed. pared for the assistance of the conveyancing Adopting such an arrangement,-howpractitioner from drafts submitted to coun- ever numerous might be the collection of sel, either on account of some special cir- forms,-the part of the table of contents to cumstances attending the title, or for thel which reference should be made would be

Review: Rouse's Practical Conveyancer.

301 known at once, and much time saved in draft, even of a special deed, he need only looking for the form required.

note down the number of the form to be In accordance with these views, Mr. taken, give names of parties and consideraRouse has prepared the forms, giving in tion money, and sheets in the abstract when each case a complete outline of the draft, deeds recited, and the parcels will be found, with the letters and numbers of the clauses in order to have the draft prepared with in full, required to complete its respective but little fear of mistakes. parts.

4th. In the instruction of articled clerks, An objection may be entertained to refe- by being able to point out to them in a rences in these precedents; and when the simple manner the variations between the references are to other precedents, the ob- different deeds. jection is well founded, especially where, To the clerk, by the readiness with which as in some large works on conveyancing, re. he will find the required form, instead of ferences are made not only to other prece- having to go through and select from nudents, but, in many instances, to two or merous drafts. three, in as many different volumes. If, To the student, by enabling him better however, no references are made to other to understand a deed, the different parts of precedents, but merely to numbered clauses, which are plainly in outline before him, than all given separately, and in a way to be rea- by having to wade through long and heavy dily found, the objection will not apply. clauses, whilst he can, also, by carefully

The work extends to conveyances, mort- reading over those clauses separately, make gages, and leases only, as the mode of pre- himself fully acquainted with the details of paring drafts is more usefully applied to the deed. those drafts than to settlements; and, with He will also derive advantage from the respect to wills, Mr. Rouse having given a ready means afforded him of comparing difcollection of forms in the “Practical Man,” ferent and yet somewhat similar drafts, and he has not deemed it necessary to repeat noticing in what they differ. To do this them.

he might copy the outline forms, strike out To show the advantage which may be the clauses which agree, and then compare derived from preparing forms in the manner those which differ; or he might compare adopted in this work, the Author gives a them in the book without copying, and restatement of the number of Precedents in fer merely to the clauses, the outlines of the corresponding parts of “Bythewood's which differ; the former would, however, Conveyancing," which extend to four be the better course. volumes, and those here given

Mr. Rouse draws attention to the great Bythewood.

This Work, advantage which would arise from the geneConveyances. 60

212

ral adoption of the power of attorney to surMortgages

81

118

render, in a mortgage of copyholds with Leases.

31

35 power of sale. Such power is introduced

in the forms given in the work ; it may in 172

365 many cases be the means of avoiding much Mr. Rouse adds the following remarks expense and difficulty, and it is not liable on the other advantages attending his plan,

to the objection to which a surrender to as respects the Practitioner, the Clerk, and uses was held liable in the case of The the Student.

Queen v. Downing College. To the Practitioner.-Ist. A saving of

The following is an outline of the Conat least three-fourths in expense; as no work,

tents of the Volume :

The 1st Part comprisesgiving the forms in the ordinary way, could be published at less than, if so little as, four

Conveyances. times the expense of this work, if contain- Nos. 1 to 77- Freehold. ing the same number of forms.

78 , 114--Copyhold.

145 2nd. If himself preparing drafts,-in

186-Freehold and Copyhold.

187 205—Leasehold. stead of having to refer to several prece- 206 211-Miscellaneous. dents, and select the parts of different deeds

212—Freehold, Copyhold, and which may be applicable, the arrangement

Leasehold. of the Table of Contents in this work will

Mortgages. enable him to know at once into what part

240-Freehold. of it to look in order to find any draft he 241 290_Copyhold. may require.

291 314-Freehold and Copyhold. 3rd. In directing a clerk to prepare a 315 325—Leasehold,

[ocr errors]

213

328 ,

[ocr errors]

O

.

302

Review.-Summary Proceedings 6. Rils of Exchange Act, 1855. Nos. 326 , 327–Freehold, Copyhold, and ment of penalty, if brought to commis. Leasehold.

Boners within two calendar months after being 330-Miscellaneous.

received in the kingdom, on proof of facts to Leases- 331 to 365.

the satisfaction of the board. Miscellaneous Forms-366 to 400.

“ ADJUDICATION STAMP.-The commisThe 2nd Part contains

sioners are, by sect. 14, empowered to denote

that an instrument is properly stamped; or, by

No. of Forms. A.-Commencement and Parties. 6

sect. 13 of 16 & 17 Vict. c. 59, that an instru

inent does not require a stamp. B.- Recitals.

104 C.-Testatum & Consideration

“ The instrument, with a proper abstract, 40

and an affidavit, the form of which can be obD.-Operative Words

29 E.-Parcels, General Words, &c.

tained at the office, being delivered at the In

37 F.-Habendum

land Revenue Office, with the payment of 108.,

24 G.–Uses & Reddendum in Leases 15

the commissioners will assess the duty, if any H.-Dower Declaration.

payable, and, on its payment, impress an ad

2 1.-Powers and Provisoes

judication stamp, on receiving which the in

35 J.-Covenants

strument is to be deemed duly stamped, or free

140 K.-Conclusions

from duty, as the case may be.

6 L.-Receipts .

“An appeal against the decision of the com.

3 M.-Attestations

missioners is given by sect. 15 of the 13 & 14 9

Vict. c. 97.
N.-Provisions as to Conveyances by

** UNSTAMPED INSTRUMENTS, produced at Married Women. 0.-Provisions as to Conveyances of

Trials.-By the Common Law Procedure Act, Bankrupts' Estates.

1834 (17 & 18 Vict. c. 125), s. 28, upon proP.-Provisions as to conveyances of

duction of document in evidence at trial, the Insolvents' Estates.

officer of the Court, whose duty it is to read Q.-- Provisions as to Conveyances of

the same, is to draw attention of the Court to Estates Tail.

omission or insufficiency of stamp; and samne, R.—Provisions as to Registry of Deeds,

if unstamped or not sufficiently stamped, shall &c., and Memorials.

not be received in evidence until the whole or S.—Table of Stamp Duties.

deficiency and penalty required by Statute, with The observations on stamping deeds are paid.

an additional penalty of 11., shall have been valuable to the practitioner ; they are as “By sect. 29, the officer, on payment, is to follow :

give a receipt for same, and thereupon the doAgreements may be stamped within 14 cument shall be admissible in evidence, saving days after entered into, without payment of a

all just exceptions on other grounds. penalty; or subsequently, on payment of 101.

On production of officer's receipt, the compenalty. (7 Vict. c. 21, s. 16.)

missioners are to stamp the document. The Attested copies within 60 days after date enactment is not to extend to any document of attestation without payment of a penalty. which cannot be stamped after execution, on (39 & 40 Geo. 3, c. 84.)

payment of duty and penalty." Bills, notes, drafts, or orders are not to be stamped after signature. (31 Geo. 3, c. 25.) SUMMARY PROCEDURE ON BILLS

Deeds and instruments generally may, under 13 & 14 Vict. c. 97, be stamped at any

OF EXCHANGE ACT, 1855. time, on payment of a penalty of 10l. each; and where duty required exceeds 101., then, in EXTENSION OF ACT TO COURTS OF RECORD

IN ENGLAND AND WALES. addition, as penalty, interest at 5l. per cent. per annum on duty, calculated from date or It is ordered by her Majesty in Council that first execution of the instrument; but such in- all the provisions of “The Summary Procedure terest is limited to amount of the duty. on Bills of Exchange Act, 1855," shall apply

Power is given to commissioners to remit to all the Courts of Record established under penalty, within twelve calendar months after the provisions of the Act passed in the Session execution by the person who first executed, holden in the 9th and 10th years of her present where shown to their satisfaction that it was Majesty, cap. 95, within one month after any not duly stamped, by reason of accident, mis order that may be made and shall have been take, inadvertency, or urgent necessity, and published in the London Gazette in respect of without any wilful design or intention to de-actions upon bills of exchange and promissory fraud the Crown, or to evade or delay the pay- potes, where the plaintiff claims a sum not exment of the duty.

ceeding 501. “The general power is not to apply to any And it was further directed, that the powers instrument, the stamping which is expressly and duties incident to the provisions of the prohibited or restricted, and for which special said “Summary Procedure on Bills of Ex. provision is made by any law in force. change Act, 1855," with respect to matters in

“As to instruments executed abroad, without the said Courts of Record, shall and may be being properly stamped, sect. 13 of the Act exercised by the Judges of the said Courts reprovides that they may be stamped without spectively, or their respective deputies, for the

Summary Proceedings on Bills of Exchange Act, 1855.–Law of Attorneys. 303 time being, or in their absence by the respec- | all the authorities powers and duties exercisative clerks of the said Courts for the time ble by a Sheriff under any of the sections of being; and that the enactments, Secretary of the said Act as aforesaid shall, as regards matState's orders, practice, and forms, in force ters and proceedings in the said Court of Reand used in the said Courts of Record, shall cord be exercisable and exercised by the Serbe adopted with reference to proceedings had jeant-at-Mace of the said city of Manchester. under the said last recited Act, so far as the same are applicable, mutatis mutandis.

LAW OF ATTORNEYS AND SOLIVERPOOL BOROUGH COURT OF RECORD.

LICITORS. It is ordered by her Majesty in Council that within one month after such order shall have AGREEMENT BY CONTINUING MEMBER OF been made and published in the London Gazette FIRM OF SOLICITORS TO GRANT ANNUITY. all the provisions of the“Summary Procedure on The plaintiff and defendant were in partBills of Exchange Act, 1855,"contained in the nership as solicitors, and on September 1, sections numbered respectively, 1, 2, 3, 4, 5, 6, 1848, they entered into the following agreeand 7, in the printed copy of the said Act, ex- ment :-"We do hereby declare and agree cept so much of section 1 as provides for the mode of fixing the amount of costs to be en- our mutual positions to be as follows :-ist, dorsed on the writ of summons under that sec- That all partnership accounts between us tion shall extend and apply to the Court of up to the 29th July, 1846, have been duly Record of the borough of Liverpool, called the closed and settled. 2ndly, That since the Court of Passage, as to matters and proceed. 29th of July, 1846, the capital invested by ings in that Court.

the said George Douglas Aubin in our coAnd it was further directed, that all the powers or duties exercisable by “ the Court”

partnership business has become, and still or “ a Judge" under any of the sections of the is, the sole property of the said Henry same Act shall, as regards matters and

Frederick Holt. 3rdly, That from the said

proceedings in the said Court of Passage, be exer- 29th of July, 1846, the said H. F. Holt cisable and exercised by “the Court” or “ As has been, and still is, entitled to the whole sessor ;” and that all the powers or duties ex- profits of the business carried on by him ercisable by the Masters of the Superior Courts, under the style of · Holt & Aubin. That or any three of them, under the first section of in consideration of this agreement, the said the said Act shall, as regards matters and pro. H. F. Holt shall, from the 1st day of Occeedings in the said Court of Passage, be ex- tober next, grant unto the said G. D. Aubin ercised and exercisable by the Registrar of the said Court, subject to the approval of the said a clear annuity of 3001. during the life of Assessor.

his mother, Mrs. Elizabeth Aubin, he the

said G. D. Aubin paying thereout all inMANCHESTER CITY COURT OF RECORD. terest now or hereafter to become due by

It is ordered by her Majesty in Council him to Mr. Chapman or his assigns. That that within one month after such order shall all arrears of the annuity of 1501. agreed to have been made and published in the London be paid to the said G. D. Aubin by the Gazette all the provisions of the “ Summary said H. F. Holt, according to the agreement Procedure on Bills of Exchange Act, 1855 ” of the 29th of July, 1846, have been fully (except such as are contained in the sections numbered respectively 8, 9, and 10, in the copy the decease of the said G. D. Aubin in the

paid and satisfied. That in the event of of the said Act printed by her Majesty's Printer), shall extend and apply to the Court lifetime of his mother, the said Elizabeth of Record within the city of Manchester, as to Aubin, the said H. F. Holt shall pay to matters and proceedings in the said Court. any widow the said G. D. Aubin may leave

And it was further ordered, that all the au- him surviving an annuity of 1001. per thorities powers or duties exercisable by the annum during the life of the said Mrs. Court or a Judge, or any number of Judges Elizabeth Aubin, on whose decease the said under any of the sections of the said “ Summary Procedure on Bills of Exchange Act, annuities to cease altogether. That in the 1955,” hereby extended and applied to the said event of the decease of the said H. F. Holt Court of Record within the city of Manchester, in the lifetime of the said Mrs. Elizabeth shall, as regards matters and proceedings in Aubin, the said G. D. Aubin shall be enthe said Court of Record be exercisable and titled to receive the sum of 5001. in princiexercised by such Court, or the Recorder pal money out of the estate or property of thereof; and that all the authorities powers or the said II. F. Holt, and to the entire produties exercisable by a Master or any number fits of the business of the said Holt & of Masters under any of the sections of the said Aubin," from the day of the decease of the Act as aforesaid, shall as regards matters and pro- said ú. F. Holt. That the said H. F. ceedings in the said Court of Record be exercisable and exercised by the Registrar of the Holt shall be permitted to carry on his said Court of Record or his deputy; and that I business in the name and under the style

OF

CONTINUING

INTERIM

304 Law of Attorneys.-Law of Costs.- Marriage with a Deceased Wife's Sister. of Holt & Aubin,' he indemnifying and and it is not within the discretion of the Court guaranteeing the said G. D. Aubin from all to refuse specific performance because an liability in respect of his name being used agreement savours of illegality. It must be as aforesaid. That at the decease of the shown to be illegal. said Elizabeth Aubin, the partnership be

As to the account, the plaintiff has a right

to have it taken as incidental to the other rstween us to cease and determine.”

lief; and this Court is not bound, instead of Mr. Holt continued to carry on the busi- taking the account, to direct the deed to be ness as provided by the agreement, but the antedated so as to include the arrears of the annuity having fallen into arrear, the soli- annuity. citors of the plaintiff, Mr. Aubin, wrote re- “With respect to the effect of the omission questing payment of such arrears, and the to tender a deed for execution upon the costs,

I must hear a reply.” execution of a proper deed within 14 days, 1 and that if not complied with, proceedings Rolt having replied, the Vice-Chancellor would be taken.

said :This bill was then filed praying that the “Upon this point of the tender I should defendant might be ordered by deed or have thought that the plaintiff, by omitting to otherwise to effectually grant and secure to make it, had forfeited his right to costs ; bat the plaintiff an annuity of 3001. according before instituting this suit he asked the deto the said agreement, and also to duly and fendant- also to pay the annuity; and it was effectually indemnify and guarantee the

his duty to take some step to do this, and his

failing to do this has made this suit necessary. plaintiff from all liability in respect of such On that ground only I think the plaintiff is use of his name as aforesaid, and any fur- entitled to costs.” Aubin v. Holt, 2 Kay & ther use thereof, and otherwise specifically J. 66. to perform the agreement, and for an account and payment of what was due in

LAW OF COSTS. respect of the said annuity or otherwise under the agreement.

INJUNCTION, The Vice-Chancellor Wood said :

WHEN DISREGARDED. “The plaintiff is entitled to have this agree

An interim injunction was granted to rement performed, for the agreement itself is in strain the publication and sale by the defendant terms to grant an annuity, and is not such an of a song in imitation of one published by the instrument as he is entitled to have to secure the annuity. For this purpose the plaintiff is plaintiffs

, but instead of submitting he insisted entitled to have a deed, and ought not to be on his right to continue the publication of his left to his remedy at law upon this agreement, song. which may well be taken not to be an agree- The Vice-Chancellor Wood held that he ment to pay the annuity. “With respect to the objection on the

must pay the costs of a motion against him to ground of public policy, the first observation continue the injuriction, although it appeared on Lord Eldon's judgment in Caudler v. that no application had been made to him by Caudler, Jac. 225, is that it is in favour of the plaintiffs previously to the filing of the bill. this claim in one respect. He says that he Chappell v. Davidson, 2 Kay and J. 123. had doubted the legality of similar arrangements, but was happy to find the Court of

MARRIAGE WITH A DECEASED King's Bench to be of a different opinion in Bunn v. Guy, 4 East, 190, though he never

WIFE'S SISTER. could entirely reconcile himself to their doctrine; and that it was one of the commonest

SCOTCH DECISION. things in the world, as I believe it is to this

Fenton v. Livingstone. day, for a solicitor to retire from a firm leav

We have been favoured with a Report ing his name in it. The case of Thornbury v. Bevill, 1 Y. & C., Ch., 554, was of a different of the decision by the Court of Session at character. There a person, who had never Edinburgh, on the 15th January, in favour been in the firm before, was brought in upon of the claimant to an estate in Scotland, the retirement of one of the partners, under whose legitimacy was questioned on account the name of the retiring partner; and being of his being the issue of the marriage of his entirely a stranger in the business, he was al- father with the sister of his deceased wife. lowed to use the name of an experienced person to launch him in the world, never having

The following are extracts from the judo. had any connexion with such person previ- ment, and the reasons on which it is foundously. That is a very different transaction ed. It is supposed that this decision will from one partner in a firm retiring, and the enable persons to evade the effect of Lord name of the firm remaining unchanged. Lyndhurst's Act, 5 & 6 Wm. 4, c. 54.

The agreement must be legal or illegal, We have, with some reluctance, omitted

66

« EelmineJätka »