390 Curiosities of Legislation.-Parliamentary Returns.-Notes of the Week. quoted, seemed to be an exact model of the visionally registered, and 4 (limited) and 77 edict of Nebuchadnezzar of olden time. HOW THE BAKERS ESCAPE PENALTIES. He would mention one act which had come under his own experience, to show how easily mistakes might be committed by every one having a dab at an Act of Parliament as it pas (unlimited) completely registered. The total amount of fees received at the head office in London was Branch office in Dublin £4,216 0 4 136 18 2 STOCK COMPANIES. Certificates. £4,352 18 6 For a certificate of provisional registration . £5 0 0 For a renewed certificate of ditto 200 For a certificate of complete regis tration 5 0 0 And on every 1,000l. value of declared capital in the case of companies formed previously to Nov. 1, 1844 6d. sed through the House of Commons and the SCALE OF FEES TO REGISTRAR OF JOINTHouse of Lords. It was an important British Act called the Bread Act, which enacts that all bakers should have upon their counters or places of sale beams and scales, for the purpose of weighing their bread before the purchaser as it was sold, to ensure that it should be of just measure. There had, however, been an extraordinary blunder made in the clause relating to beams and scales, which had made that part of the Act totally inoperative. The learned Sheriff here read the clause in question, which commenced by enacting "that every baker or seller of bread should cause to be fixed in some conspicuous part of his or her shop, on or near the counter, a beam or scale, with proper weight or other sufficient balance, in order that all bread may be sold in presence of the purchaser ;" and after alluding to false weights, the clause immediately went on to provide that in case of neglect, the penalty should be a fine not exceeding 51., not for every case in which the beams and scales were absent from the counter, but "for every such false beam or scale, balance, or false weight." In Perthshire a great many bakers were brought up and fined under this clause, but at last one village baker took to the study of the Act, and he did not see how he could be fined, because the clause awarded no penalty for not having the weights, but merely for having false weights. He accordingly appealed to the higher Courts of Justice, and upon advising with Crown counsel, they said it seemed an extraordinary blunder, and inquiry was made into the records of Parliament to see how it had occurred. It was then found that the bill originally read, "for every such offence," that is, for every time beams and scales were not upon the counter; but some person in the House of Lords thought there should be a distinction made by making the penalty greater in case of false weights, and in putting in the addition, "for every false weight," &c., took away the whole effect of the enactment, and made it totally inoperative either in England or Scotland.-[From the Daily Express, 21st Jan., 1856.] PARLIAMENTARY RETURNS. JOINT-STOCK COMPANIES' REGISTRATION. It appears from a report by the Registrar of Joint-Stock Companies to the Committee of the Privy Council for trade, pursuant to the 7 & 8 Vict. c. 110, s. 79, and ordered by the House of Commons to be printed, March 3, 1856, that during the year 1855 there have been 109 companies (limited) and 144 (unlimited) pro In case of companies formed subsequently to that day 18. N.B. But three-fourths of this fee in respect of capital will be repaid by her Majesty's Treasury if the company obtain an Act of Incorporation within two years after complete registration. For a certificate of complete registration with limited liability £5 0 0 For an annual certificate Registration of Returns. . 1 0 0 Notes of Week.-Superior Courts: Lord Chancellor.-Rolls.-V. C. Kindersley. saving a large expenditure by the city and expediting the erection of the new Courts, where trials both for Middlesex and London might take place, in accordance with the last plan of placing them partly on the borders of the city and partly in the county. We observe that Mr. Anderton, on the last discussion of the subject, suggested this course, and we should be glad to see it adopted; but if the city determines on having new Courts, then let there be a room for the accommodation of the suitors and attorneys. LAW APPOINTMENTS. The Queen has been pleased to appoint John Harvey Darrell, Esq., to be Chief Justice; Duncan Stewart, Esq., to be Attorney-General; and Seth Harvey, Esq., to be Solicitor-General for the Bermudas or Somers Islands. Her Majesty has also been pleased to appoint 391 Thomas Butterfield, Esq., late Chief Justice of the Bermudas or Somers Islands, to be a Member of the Legislative Council of those Islands. -From the London Gazette of 11th March. pointed Private Secretary to the Lord Advocate Mr. Francis Russell, Advocate, has been apof Scotland.-From the Observer. Mr. Robert Slaney, Solicitor, has been appointed Clerk to the County Court of Newcastle-under-Lyne, in the room of Mr. Thomas Edye. Mr. Charles Wilkin, Solicitor, of 10, Tokenhouse Yard, has been appointed a Commissioner for taking affidavits in the Law Courts in Ireland for the London district. been appointed sole Commissioner for inquirMr. Edward Clements, Barrister-at-Law, has ing into the remaining turnpikes in Ireland, in the room of Mr. Hayward, Q.C.-Civil Service Gazette. RECENT DECISIONS IN THE SUPERIOR COURTS. Lord Chancellor. In re Lowe's Patent. March 5, 1856. PETITION.-COSTS OF THE DAY, WHERE NO COUNSEL NOR SOLICITOR IN SUPPORT. On a petition to affix the great Seal to a patent neither counsel nor solicitor appeared in support. It was dismissed with costs, but leave was afterwards granted for its being re-argued on payment by the petitioner within 48 hours of the costs of the day. THIS was a petition to have the Great Seal affixed to an invention for an improvement in the screw propellers of steam vessels, and on the hearing on Feb. 27 last, it was dismissed with costs, unless cause was shown to day, upon neither counsel nor solicitor appearing in support. Southgate now appeared upon an affidavit. Forster for a Mr. Wyche, who opposed, on the ground that the invention had been communicated to the petitioner, who was in his employ, for the purpose of having a model made. The Lord Chancellor said, that the petitioner must pay the costs of the day of the previous hearing within 48 hours, otherwise the order would stand, but that if paid, the petition might be re-argued. point, and that therefore a devise in execution thereof including a granddaughter was valid. THE testator, by his will, gave and devised trust, for the benefit of his son, Charles Fowler, an estate in Gloucestershire to trustees upon for life, with remainder to the use of all or every and such one or more of his son's children, whether born in the testator's lifetime or after his decease, and their, his, or her heirs, for such estate, by such parts or proportions, by deed or will appoint. It appeared that the and in such manner and form as his son should son by his will directed the estate to be divided among his children and a granddaughter, and the question arose, whether the gift to the granddaughter was justified by the power. R. Palmer, Lloyd, C. Hoare, Surrage, and Begbie for the several parties. was, whether the word heirs was used in its The Master of the Rolls said, the question usual sense as defining a particular limitation of the estate, or merely in the sense of desig- · natio personalis. There was no evidence to the testator's intention seemed simply to define Ishow it was used in its restrictive sense, and the particular nature of the estate which the son had the power to appoint among his children, and that subject to the life interest they were to take an interest in fee. There would, therefore, be a decree in favour of the validity of the devise to the granddaughter. Vice-Chancellor Kindersley. Darby v. Darby. Jan. 24, 26; March 8, WILL. CONSTRUCTION. OF REAL ESTATE BY PARTNERS. CONVERSION INTO PERSONALTY ON DEATH. Where real estate was purchased by two partners out of the partnership assets, held, on 392 Superior Courts: V. C. Kindersley.-V. C. Stuart.-V. C. Wood. the death of one intestate, that, as between the heir-at-law and next of kin, the estate was personalty. Ir appeared that Messrs. Abraham & Alfred Darby, who were in partnership, had purchased certain estates for building purposes, and the question now arose, upon the death of the latter intestate, whether, as between his heirat-law and next of kin, the property was to be considered as realty or personalty. Anderson and Rogers for the personal representative; Baily and Babington for the heir-atlaw; Glasse and Wharton for the next of kin; Erskine for the surviving partner. The Vice-Chancellor said that ordinarily speaking, upon the dissolution of a partnership by death or otherwise, each partner had an abstract right to have a sale and not to the property in specie, and the conclusion was, that not only as between partners, but also as between heir-at-law and next of kin of such deceased partner, the land purchased with the partnership assets was converted into personalty. James v. Aston. March 10, 1856. The Vice-Chancellor said, that the representative must be a party to the suit, and it was doubtful whether a mere nominee under the section referred to was sufficient, and the demurrer would be allowed. Vice-Chancellor Stuart. Howard v. Kidd. March 8, 1856. INTENTION. A testator, by his will, gave certain property to his nephews and nieces: Held, that his wife's nephew and nieces were entitled, where it appeared the testator had none. Evidence of the testator's statement of his intention to leave them the property by his will was rejected. THE testator, by his will, gave certain property to his nephews and nieces. It appeared that he had none, and the question arose whether those of his wife were entitled. J. Hinde Palmer for the plaintiff; Wigram and Malins for the defendants. The Vice-Chancellor said, that the nephews and nieces of the wife were entitled, but refused to receive evidence of the testator having AGAINST GRANTEE. - PERSONAL REPRE- stated his intention to leave the property to BILL BY CREDITOR TO SET ASIDE SENTATIVE.-PARTIES. DEED Held, allowing a demurrer for want of parties, that to a suit by the creditor of a deceased grantor against the grantee to set aside the deed, the personal representative is a necessary party, and that a person cannot be appointed under the 15 & 16 Vict. c. 86, s. 44, to represent the estate in the suit. THIS was a bill, on behalf of a creditor of John Aston, deceased, to set aside a deed against the grantee, and who was the son of the deceased. Baily and Mackeson appeared in support of a demurrer for want of parties, on the ground that the personal representative should be also made a defendant. Glasse and Hobhouse, contrà, and referring to the 15 & 16 Vict. c. 86, s. 44.1 Which enacts, that "if in any suit or other proceeding before the Court, it shall appear to the Court that any deceased person who was interested in the matters in question has no legal personal representative, it shall be lawful for the Court either to proceed in the absence of any person representing the estate of such deceased person, or to appoint some person to represent such estate for all the purposes of the suit or other proceeding, on such notice to such person or persons, if any, as the Court shall think fit, either specially or generally by public advertisements; and the order so made by the said Court, and any orders consequent thereon, shall bind the estate of such deceased person in the same manner in every respect as if there had been a duly constituted legal personal representative of such deceased person, them. Vice-Chancellar Wasd. Morgan v. Jones. March 4, 1856. CLAIM TO FORECLOSE MORTGAGE. SUB- Held, that service must be personal and can- An application was therefore refused to substitute service on the medical officer or keeper of such heir-at-law, who was a lunatic in an asylum. THIS was an application for leave to substitute service in this foreclosure claim, which was filed by the administratrix of a deceased mortgagee against the lunatic heir-at-law of the mortgagor, on the medical officer or keeper of the lunatic asylum where he was living. J. W. De L. Gifford in support. The Vice-Chancellor said, that the service must be personal and could not be substi tuted, and refused the application accordingly, but directed that the medical officer should be present when the lunatic was served. and such legal personal representative had been a party to the suit or proceeding, and had duly appeared and submitted his rights and interests to the protection of the Court." The Legal Observer, AND SOLICITORS' JOURNAL, "Still attorneyed at your service."-Shakespeare. wwwww SATURDAY, MARCH 22, 1856. PROCEEDINGS IN PARLIAMENT. GIFT OF LORD TRURO'S LIBRARY TO THE HOUSE OF LORDS. his eminent learning, ability, and discretion as a Legislator. We understand that the late Peer, during his long professional life at the Bar and on the Bench, spared no pains or expense to Ir must be highly gratifying to all procure the best editions of every work of branches of the Profession of the Law to any importance to the Lawyer or Legislator. peruse the Report of the several speeches Hence may be appreciated the great value made in the House of Lords, on the 14th of a collection formed during no less a March, by the most eminent members of period than 40 years. We are not therefore both of the great leading parties in the surprised at the zeal and eloquence with State-all concurring in one general senti- which so many noble lords have expressed ment of respect and regard for the noble qualities of the late Lord Truro. themselves in return for the noble donation which has been made by Lady Truro, to On one side of the House there were the be placed in the Library of the House of Marquis of Lansdowne, Earl Grey, and the Lords in that magnificent and costly palace Lord Chancellor; on the other the Earl of now approaching its completion. This invaDerby and Lord Lyndhurst. More highly luable gift will remain an enduring memorial distinguished noblemen could scarcely have of her ladyship's generous disposition, and been selected by the dearest friend of the her deep respect for the memory of her late Lord to pronounce a just and eloquent distinguished husband. eulogium on his remarkable and brilliant. career, his extraordinary talents and attainments, his eminent forensic, parliamentary, and judicial character, and his disinterestedness and integrity in dispensing the important patronage of his high office, whether in relation to the Church or the Judicial or Magisterial Bench. follow :- The Marquis of Lansdowne, who had a notice ships to a communication from Lady Truro, on the paper to call the attention of their lordsaid Before the House separates for the holydays I wish to make a communication which I am sure your lordships will hear with satisfaction. It is a communication from Lady Truro, the widow of a noble and learned lord who for and as Chancellor. I have received from this several years presided in this House as Speaker lady a letter, which with your lordship's permission I will read. It is in these terms: Doubtless, all branches of the Profession will appreciate the honour thus conferred by the leading members of the Upper House of Legislature on a brother lawyer, who attained eminence in all the stages of his legal progress :-commencing with the arduous and responsible duties of an Attorney;-next in his untiring research and "My dear Lord,-Lord Truro left a library exertions as an Advocate;-then by his per- of law books, a collection made during many severing energy as a Member of Parliament; years with great care. It is my wish, in ho-followed by his patient and studious de-nour of his memory, and in remembrance of liberations on the Bench;-and finally by his legal attainments, that his library should be VOL. LI. No. 1,463. preserved, and at the same time rendered use Y 394 Proceedings in Parliament-Gift of Lord Truro's Library to the House of Lords. ful to those who were familiar with his last | ventured to bear, though partly from the refleclabours. Allow me, therefore, to request you tion of others, to the merits of Lord Truro, to offer this library to the House of Lords, will meet with the universal concurrence of trusting that their lordships will, if they do me your lordships, I shall say no more, but simply the honour to accept it, direct it to be placed move that the subject of this letter be referred so as most effectually to serve the objects which to your lordships' Library Committee for the I have in view." purpose of carrying into effect Lady Truro's wishes and intentions. My lords, if I were asked-as, perhaps, it is Lord Lyndhurst.—I cannot resist, my lords, natural I should be-how it comes that this taking this opportunity of adding my thanks distinguished lady has made me the channel to those of the noble marquis to Lady Truro, by which this offer should be conveyed to the for the valuable donation she has made us. I House, I can only say I must presume it is know very well that the late Lord Truro never owing to the circumstance of my having been spared any trouble or expense in completing for several years the colleague of that distin- his law library, and such a donation is, thereguished, learned, and noble lord. During the fore, of value to us, inasmuch as the library of time that he presided on the woolsack, in one this House, though extensive, is very far from sense, though not in the other, I was the leader being perfect in that particular branch of learnin this House of those with whom he was po-ing. Nor can I allow this opportunity to pass, litically connected, and in that capacity, I can notwithstanding the eloquent eulogium passed do no otherwise than bear the strongest testi- on the late Lord Truro by the noble marquis, mony to the great impartiality, to the great without saying a few words in reference to its wisdom, to the great justice with which he pre-object. That noble and learned lord was prosided in this House. I may add also-because foundly learned in the law. He was a ripe and it is a point in his character with which I was full scholar. But notwithstanding his extenmore particularly conversant-that it was with sive learning, in every case of any importance a great sense of justice he administered the that came before him, whether as an Advocate patronage incidental to his high office, and with at the Bar or after he came to the Bench, he careful discrimination selected the persons to always employed, from a conscientious desire whom he was enabled to extend the favour of of performing his strict duty in the relative the Crown. To that portion of his character I position in which he stood-he always emam as competent to speak as any man; but ployed, as the noble marquis has stated, the there is another portion, of which I can only greatest care, the greatest attention, and the speak on the authority of others, and that is most unexampled industry in investigating the the portion which undoubtedly gives the great- case before him. My lords, Lord Truro was est value to the splendid donation which his not educated for the Bar. He began life as a widow is prepared to make to this House. I solicitor, but conscious of his powers, with a believe I shall be supported by the authority of proper and laudable ambition, he felt desirous all who are most competent to judge when I of leaving the inferior walk in which he moved say, that from universal report, I have always for the superior walk of the Profession. He heard that Lord Truro was both as a lawyer was called to the Bar, and soon after acquired and as a Judge, one of the most painstaking, great distinction not only on the Western one of the most conscientious, one of the most Circuit, which he attended, but also in London. industrious men that ever laboured with a view He had one difficulty, and it was rather an to the interests of his clients while at the Bar, extraordinary one to overcome. I had it from and with a view to the still large interests of his own lips, that he had a great impediment, public justice when sitting on the Bench. I which rendered it almost impossible for him allude to these qualities, well knowing that I shall be borne out by the testimony of those whose authority is much higlier and whose opportunity of experience have been much greater than mine. It is only within the last few days that an eminent lawyer, being examined before a committee of your lordships' House, took the opportunity of saying that, having practised before the late Lord Truro, he knew no man more industrious or more impartial than that noble and learned lord. This bears particularly on the donation which is now made to this House, because, in addition to a very valuable and extensive law library of printed books, which Lady Truro is desirous to place at your lordships' disposal, I am informed that those books are largely commented and noted upon in Lord Truro's MS., thereby largely adding to the value of those works which are now about to find a place in your lordships' library. Being persuaded that the testimony I have to utter certain words. He overcame that difficulty with a perseverance and ingenuity which corresponded with his character. He formed a list of those words, which was a very comprehensive one, and annexed to each word every synonym he could collect. Finding any word difficult to pronounce, he dismissed it, and substituted a synonym with an address and readiness so remarkable that it occasioned no interruption in the flow of his discourse ; indeed, no one would have discovered the change who had not been previously informed upon the subject. After a certain time the noble and learned lord was created a serjeant, whereby he was placed at the head of his circuit, and also became the leader of the Court of Common Pleas. From that time he possessed indisputably the command both of his circuit and of the Court of Common Pleas, and in every important case to be investigated by either tribunal there was a competition |