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Metropolitan and Provincial Law Association.
CONDITIONS OF SALE.
when the necessity for its amendment was the other inmates. The reading of the paper forced on the attention of Parliament, repealing was followed by some discussion, in the course so much of former Acts as was thought de- of which it was suggested that juvenile crimisirable, and repeating whatever was intended nals should be sent to reformatories at a disto be retained. As to the objection of Mr. In- tance, in order to sever the connexion that gleby that great work was involved, he must might exist between them and their former asremind him that every framer of a new law was sociates in vice. presumed to have mastered the existing law before he entered on his task. He was ready to admit that supposing the consolidation effected, the new Statutes would have to be repeated and re-enacted whenever an alteration was proposed, but he did not see how the great object of the scheme could be accomplished without doing so. As to the objection that alterations might be made by Parliament, he would remind the Chairman that it was proposed to refer all the Bills introduced to a properly qualified board, whose duty would be, after the House had discussed any proposed alteration, to give proper expression to the principles on which the House were agreed. With regard to Mr. Leonard's objection, he thought that a consolidation of the law would rather save labour to the Profession than increase it, and he would remind him that now he had to go through the work of searching the Statutes of 60 years for conveyancing purposes. If it had no other effect than that of checking over-legislation, by compelling Parliament to master a law before it touched it, a consolidation of the Statutes would be a means of infinite good.
Mr. Lowndes concurred in the main with the paper read, suggested that in each consolidated Statute the repealed clauses of previous Acts should be referred to by their numbers, and that the additions should also be distinguished, say by italics, so that a person looking over an Act of 1855, might see what alterations had been made in the law during the last five or ten years.
Mr. Leonard considered that his objections were still unanswered, repeated them, and some further discussion ensued, in which the Chairman, Mr. Lowndes, Mr. Ryland, and Mr. W. Shaen took part. The debate, of which the above is a mere summary, was brought to a close by Mr. Bulmer jocularly remarking, that he did not anticipate Parliament would oppose the plan, as it involved a board, which board necessarily involved patronage, which patronage seemed to be more the object of the present Legislature than the public good.
THE REFORMATORY LAWS.
Mr. W. Morgan read a paper "On the recent alteration of the Law in the Treatment of Juvenile Criminals." The writer passed under notice the two recent Acts of Parliament relating to the treatment of criminals under 16 years of age, empowering Magistrates to commit such persons to Reformatory Institutions after undergoing a certain term of imprisonment. Mr. Morgan recommended that care should be taken in not sending criminals of an advanced age to such institutions, as such parties were productive of evil consequences to
A paper "On Conditions of Sale," by Mr. R. Caparn was read by Mr. W. Shaen, the Secretary. The writer strongly censured the practice adopted by some portions of the Profession, of stipulating in the conditions of sale that the conveyance should be prepared by the vendor's solicitor, at the expense of the purchaser, as being calculated to draw business into improper sources. Instances were given in which this had been acted upon in a sale of Crown lands, in Lincolnshire, by means of which the writer contended that the Profession had been plundered of a fair and legitimate amount of business, the title-deeds being prepared by the Solicitor of Woods, &c., who was paid by salary, the amount received for the preparing of the titles going into the public purse. In the discussion that ensued the practice was deprecated by the members present, and it was suggested that solicitors should print the conditions of sale some days previous to the auction, in order to allow the solicitors of intending purchasers time for their perusal, as it was impossible to do so at the time of sale, if only one copy was produced, which was frequently the case, and was consequently productive of great injustice.
A paper containing "Suggestions as to Amendments of the Law," by Mr. S. Shaen, of London, was read by Mr. W. Shaen, the Secretary, but did not lead to any discussion.
Mr. Shaw, of Leeds, then moved that the papers which had been read should be printed and circulated among the members of the Association. He remarked that the papers did not emanate from the Association as a body, nor was the Society responsible for the principles which they enunciated. They were the production of individual members, who wished to direct the attention of other members of the Society to the subjects on which they treated. No member of the Association was personally pledged to the adoption of any one of the opinions expressed in those papers; they were the opinions of the writers, who conceived that they were of such importance as to deserve the consideration of the members.
The resolution was seconded by Mr. Rawlins, who considered it essential to the prosperity of the Association that the papers should be printed. He considered it was a great stain upon the Profession that they were excluded from the magisterial bench of all counties, and trusted some efforts would be taken to remove the obloquy.
Mr. C. M. Ingleby supported the resolution. He considered that one of the greatest impediments to the progress of the Society in this lo
Review: Finlason's Lawyer's Companion.-Law Students' Corresponding Society.
cality had been the lack of information as to its principles and objects. He had no doubt that the circulation of the papers would cause a great increase of subscribers.
Special Pleaders not at the Bar.
Thanks were afterwards voted to the Birmingham and Midland Institute for the use of LAW STUDENTS' MUTUAL CORRE
the theatre for the Society's meeting, and to Mr. Ryland for his exertions.
The proceedings were terminated by a vote of thanks to the Chairman.
NOTICES OF NEW BOOKS.
The Lawyer's Companion and Diary for
THE new edition of this work for the ensuing year, is a great improvement on its predecessors, both in matter and composition. The first Part comprises
A Law Calendar for 1856.
THE objects of this Society are to provide a system of intercommunication amongst the Law Students of this Kingdom, and by that means enable them to render mutual assistance in their studies, and so promote feelings of friendship and unanimity between themselves and stimulate their exertions in preparing for the honourable Profession of the Law.
The Society consists of honorary and ordinary members, honorary members being barristers, attorneys, and solicitors, or any other gentlemen connected with the Profession, who become donors of half a guinea. Ordinary members being articled clerks, who shall contribute an entrance fee of 2s. 6d., and an annual subscription of 2s. 6d.
Retrospective Calendar for the years 1852, SECOND ANNUAL REPORT OF THE COM
1853, 1854, and 1855.
Law Terms and Times.
The Committee, in laying before the mem
Sittings of the Courts of Common Law and bers their Second Annual Report, have great Chancery In and Out of Term.
Offices of Courts,-Hours and Holidays.
Cases in Common Law and Chancery as to
Tables showing the Time for taking steps in Actions at Law; in Suits in Equity; in Bankruptcy; in County Courts.
Rules for Admission of Attorneys.
Cases as to Costs.
Tables of Costs and Fees in Common Law. Tables of Costs and Fees in County Courts. Tables of Costs and Fees in Bankruptcy. Tables of Costs and Fees in Chancery, Tables for computing Costs, Income, Interest, &c.
Tables of Stamp Duties.
Index to Practical Statutes from 1 Geo. 4, to the present time.
Digest of Practical Statutes of last Session. The second Part contains the following lists and information:
Attorneys practising in London.
Barristers, an authenticated List of, with the dates of Call, and the Inns to which each belongs.
Benchers of the Inns of Court.
Proctors and Notaries.
Queen's Counsel and Serjeants.
satisfaction in calling their attention to the complete success that has attended the operations of the Society during the preceding twelve months, and they again congratulate them upon the permanent establishment of a system of intercommunication which cannot fail to be productive of very great benefits to the Law Students of this Kingdom.
The Society now consists of upwards of 50 ordinary members, and the number is steadily increasing, a convincing proof of the readiness of articled clerks to avail themselves of such an advantageous means of self-improvement as this Society affords to its members.
Your Committee have also the pleasing intelligence to announce that the suggestions contained in their last report, that an appeal should be made to the members of the Legal Profession, soliciting their support to this Society in the capacity of honorary members, has met with a response, and as your Committee feel convinced that nothing will so much tend to place the Society in a prominent and permanent position, and at the same time gain for it the confidence of articled clerks, as the fact of its having the approbation and support of their seniors, they again appeal to the Profession soliciting their countenance and cooperation by becoming honorary members of the Society.
The knowledge of the existence of this Society has during the preceding year been very considerably increased as instanced by numerous students residing in districts where the Society was previously unknown, having been enrolled as members, and your Committee in announcing with gratification the fact that its advantages are now extended over 25 counties in England and Wales, trust that this an
Law Students' Mutual Corresponding Society.-Notes of the Week.
nouncement will tend to convince Law Students that the Society is really obtaining the confidence of their fellows and is well worthy of their attention and support.
Your Committee deem it advisable to draw the attention of those articled clerks who are not at present aware of the existence of the Society, to its principal features and objects. It is designed, first-as a means of friendly intercourse and for the purpose of engendering feelings of unanimity and friendship amongst articled clerks generally throughout the kingdom; secondly-to supply the wants of a Debating Society in small towns by affording a medium for the written discussion of moot points on legal subjects, and the composition of essays; and thirdly-by the same means, to furnish opportunities to the student to apply principles to practice, and thus assist him in obtaining a practical knowledge of his Profession, and your Committee feel justified in asserting that every member who, actuated with an earnest desire for self-improvement, will give his full attention to the papers of the Society cannot fail to acquire an extensive and varied knowledge of the law.
With regard to the financial position of the Society, your Committee feel pleasure in stating that after repaying the balance due to the Secretary in April last, and defraying all the expenses of the past year, a surplus remains to the credit of the Society.
CHARLES R. GILMAN, Hon. Sec.
NOTES OF THE WEEK.
BUSINESS OF THE COURT OF QUEEN'S
LORD CAMPBELL having on the 3rd inst., called on the Bar, and no gentleman being ready, his lordship said, that it was much to be regretted that counsel had not been instructed earlier to move their new trials. This was the second day of the Term, and all parties ought to have been prepared. It would now be a question whether the Court would allow a list of motions to be handed in on the 4th day of Term, as ample time had been afforded for getting through the business. There being no business the Court rose at 12 o'clock.-06.
[It does not appear upon what grounds Lord Campbell assumed that the delay rested with the attorneys. We believe it suits the convenience of leading counsel who practise in all the Courts, to make all their applications in one Court on a given day, and so on in succession. We are informed that in many of the cases referred to, counsel were duly instructed and the attorneys in attendance. The rising of the Court of Queen's Bench for want of business is an event hitherto unknown by the
" oldest practitioner." The hint given by the Court, we trust will induce the Counsel who hold briefs to make such arrangements as will prevent the waste of the time of the Court.ED.]
Lord Campbell intimated, that after the Bar had been called over on the 8th instant, the Court would proceed with the Special Paper, and that every day during Term, after the Crown Paper had been disposed of, the Special Paper would be taken.
QUEEN'S BENCH PRACTICE COURT.
His Lordship came into Court at the usual time on the 3rd November, but as no Bar was in attendance his lordship retired. Soon after some gentlemen came in, but it was too late. It will be recollected that the Court sits at 10 o'clock, and at that hour the business is commenced.
SITTINGS OF THE EXCHEQUER CHAMBER The Court will sit on writs of error from the Queen's Bench on Tuesday the 13th, Thursday the 15th, and Friday the 16th November. From the Common Pleas the day after Term, and from the Exchequer of Pleas the second day after Term.
WANT OF COURT ROOM.-INCONVENIENCE
The grand jury for Surrey, on leaving the new Court to proceed to their room in the old building, have no passage under cover, but in the most inclement weather have to cross the yard in front of the court-house. Great complaints have been made of this annoyance, but no alteration has been made.
DENBIGHSHIRE QUARTER SESSIONS.
The day of trials for criminal business will in future be on Friday, and the county business on Saturday, instead of as heretofore.
NEW QUEEN'S COUNSEL.
Mr. Whitmore, Mr. Overend, Mr. Pickering, Mr. James Wilde, and Mr. Bovill, having been appointed Queen's Counsel, were on the 2nd November called within the Bar of the several Courts of Law and Equity.
Dr. T. H. Tristram was, on the 2nd November, admitted an Advocate by virtue of a rescript from his Grace the Archbishop of Canterbury.
This is the first admission under the new regulations, by which every Doctor of Law seeking to practise in the Courts in Doctors' examination in the Civil Law and the Law of Commons, is required to undergo a satisfactory Nations, before the Archbishop issues his rescript.
Superior Courts: Lord Chancellor.-V. C. Kindersley.
Where a marriage settlement, by mistake, omitted a covenant by the wife's father guaranteeing her fortune to a stated amount, and which the articles for such settlement provided should be contained in the settlement, and it clearly appeared there was no intention to alter the same: Held, that the settlement would be reformed, in a suit by the husband against the wife's father's representatives, by the introduction of such covenant.
An order to wind up a company had been made by consent on an undertaking not to appeal against any call which might be thereafter made by the Master charged with the winding up of the company, by reason of such call covering or being made for the purpose of paying whatever costs might by that order be directed to be paid: Held, not to authorise an order for a call on five contributories only for the costs, and that such parties were entitled to appeal. Such costs were directed to be paid out of the estate.
company. It appeared that the winding up order had been obtained in 1854 by consent, on the undertaking not to appeal against any call which might be thereafter made by the Master charged with the winding up of the company by reason of such call covering or being made for the purpose of paying whatever costs might by that order be directed to be paid.
THIS was an appeal from the Master of the Rolls. It appeared that by the settlement, dated in July, 1801, on the marriage of Sir William and Lady Hutchinson, certain stock, &c., was settled in trust for his wife and himself successively for life, and after the death of the survivor for their children in such shares as such survivor should appoint, and in default of appointment among them equally. There were five children of the marriage, one of whom became afterwards the wife of the plaintiff. Upon the marriage being in treaty, at an interview between Sir William Hutchinson and the plaintiff, the former said that he pledged THIS was a motion to discharge an order of his word as an officer and a gentleman that on Master Blunt, upon Mr. Carrick and four the death of himself and his wife his daughter other contributories for a call to meet the would have 10,000l. at the least, and that hav-costs incurred in the winding up of the above ing no eldest son his children would all share equally. Marriage articles were drawn up as instructions for the preparation of a settlement, and which provided that it was to contain a covenant whereby Sir William Hutchinson guaranteed that his daughter should, at the decease of both parents, have a property of not less than 10,000l. sterling, and it then went on to state the trusts to be declared thereof, under which the plaintiff was entitled for life after his wife's death. The draft settlement prepared was in substance identical with these instrucThe Vice-Chancellor said, that a great deal tions, and contained the recital that the daugh- of litigation had been saved by the order being ter would be entitled upon the death of both assented to, and the official manager had with her parents to a fortune of upwards of 10,000l., great discretion consented that there should be but the settlement, which was executed in no appeal from the order. The costs were to February, 1840, contained no express cove- be paid pro ratá out of the fund of all the connant on the part of Sir William Hutchinson tributories, and it was never intended that as provided by the instructions. The plaintiff's wife died in August, 1842, without leaving issue, and Sir William Hutchinson died in August, 1845, having by his will given a life estate in all his property to his wife, and after her death to be divided between three of his children nominatim. The widow died in June, 1845, without having exercised the power of appointment under the settlement of July, 1801. The plaintiff claimed to be entitled and to rectify the settlement of February, 1840. The Master of the Rolls having decreed accordingly, this appeal was presented.
R. Palmer and Selwyn for the plaintiff; Rolt and Toller for the defendants, the appellants. Cur, ad. vult,
Glasse and Baggallay in support; Roxburgh for the official manager, contrà.
there should be no appeal against an order on these five contributories to pay the costs due from all. The order must be therefore discharged, and the costs of all parties be paid
out of the estate.
West v. Laing. Nov. 5, 1855.
Where a decree has been made on an administration summons, and accounts have been taken, and the chief clerk made his certificate, held that the Judge at Chambers had jurisdiction to determine the right of par
Superior Courts: V. C. Kindersley.-V. C. Wood.
The Vice-Chancellor said, that the plaintiff
ties on construction of the will, without di- | recting a bill to be filed. But the Judge made the Bank and other corporate bodies has power at any time where any difficult question of law or fact is apprehended, to direct such bill to be filed.
On this administration summons a question arose on the construction of the testator's will, and a doubt was raised whether the Judge at Chambers could decide as to the rights of the several parties. It appeared that the common decree had been made, under which accounts had been taken, and the chief clerk had made his certificate.
Baily and Ellis for the plaintiff; Swanston, Osborne, and Greene for other parties.
The Vice-Chancellor said, that, on consultation with the other Judges, they were of opinion that if on application for such a decree there was reason to see that difficult questions might arise, the Court would decline to make such decree, but compel the parties to file a bill. But after a decree and accounts having been taken, the Judge at Chambers ought to proceed to determine the rights of the parties, and even then, under the discretion vested in him by the Act of Parliament, he might still direct a bill to be filed if he saw that difficult questions of law or fact might arise.
Saunders v. Saunders and others. Nov. 5, 6, 1855.
PARTIES.—WHERE NO RELIEF PRAYED AND
NO INTEREST IN SUBJECT-MATTER.-DE-
No person or body against whom no relief is
must be examined as witnesses. Therefore,
a demurrer was allowed, with costs, where the Bank of England were made defendants to a suit for an account by a residuary legatee, and the bill did not contain any specific or general allegation that any moneys belonging to the testator were standing in their books, and prayed no relief.
THIS bill was filed by one of the residuary legatees under the testator's will against his brother to obtain an account, and alleging that the defendant had taken advantage of his position of confidential agent to the deceased and had become possessed of various moneys. The executors had refused to take proceedings to obtain an account against the defendant. The bill alleged that the testator had possessed certain stock in the Bank of England, and required them to set out the particulars thereof and the date of any transfer. It also charged that the amount which should have been at the bank to the testator's drawing account should have been 800/. instead of the balance which was there of about 501. The Bank of England having been made defendants de
Selwyn and Cotton in support; C. Purton Cooper and Moore, contrà.
parties, although the bill did not contain any specific or general allegation that any moneys belonging to the testator were now standing in their books, and prayed no relief against them. It was a rule that no person or body against whom no relief was prayed and who had no interest in the subject-matter could be made a party, but if discovery were wanted, they must be examined as witnesses. The consequence would otherwise be that in every administration suit the company would be liable to be made defendants, wherever a testator had possessed any sum of money on their books. The demurrer would be allowed, with costs.
Pemberton v. M'Gill. Nov. 5, 1855.
MARRIED WOMAN.-EXECUTRIX.-SUIT FOR
A married woman, who was living separate
THE defendant, a married woman living separate from her husband, was sued as executrix by her co-executor for an account of the testator's estate which she had received. It ested under the will, and she refused to answer appeared that she was also beneficially intercertain interrogatories which were addressed to her to discover the personal estate she had, as she admitted applied to her own use. plaintiff excepted to the answer.
Rolt and Karslake in support; Cotterill, contrà.
The Vice-Chancellor said, that the exceptions must be allowed. It was not to be supposed that a married woman holding the cha
racter of executrix could retain the assets, without giving any account, and the fact that she was entitled to a portion of the property to her
separate use did not enable her to retain such property.
Plumtre v. Oxendon. Nov. 6, 1855. RENEWAL OF LEASES OF SETTLED PRO
PERTY.-COSTS OF, HOW PAYABLE.
Freehold and leasehold property was held under trusts for a term of 1,000 years, and the testator empowered the trustees, out of the rents and profits or by way of mortgage, to raise 2,000l. for the renewal of the leases, but there was no direction how this sum was to be paid off: Held, that the tenant for life must bear the burden of the interest on the money raised, as the creation of the trust was a charge on the freehold propertythe costs of the trustees to come out of the inheritance.
Ir appeared that certain freehold and lease