« EelmineJätka »
Review.-Law of Costs.-Court of Chancery.
2. Capital punishments. 3. Idiocy and insanity. 1. Idiocy. 2. Insanity.
3. Lucid intervals.
4. Lunatic traitors.
5. Marital coercion.
"Classification of Offences.
1. Treasons, felonies, and misdemeanors. 2. Confiscation.
1. Coronation Oath.
2. Oath of Allegiance.
3. Kings de jure and de facto.
4. Constructive war.
5. Constructive compassing and imagining of the king's death.
6. Treasonable words and writings.
9. Punishment of treason.
5. The philosopher's stone. 6. Egyptians.
7. Compassings not treason. 8. Trade and commerce.
1. MSS. of the History of the Pleas of the Crown.
2. Unpublished passages, with remarks, concerning the case of the apprentices. 3. The like concerning treasonable words. 4. The like concerning kings within the Statute of Treasons."
LAW OF COSTS.
SUGGESTION TO DEPRIVE OF.-SET OFF.
In an action to recover 50l. for wages, the defendant pleaded as to 151. 68. 8d., the nonjoinder of J. K., a co-debtor, and as to the residue, never indebted. The defendant obtained a verdict upon the non-joinder, and as to the residue, the plaintiff proved a debt for 351. 5s. 8d., reduced by payments to 117. 5s. 8d.
A rule was made absolute to enter a suggestion to deprive the plaintiff of costs, under the 9 & 10 Vict. c. 95, s. 129. Hudspeth v. Yarnold, 9 C. B. 625.1
SECURITY FOR, BY INSOLVENT PLAINTIFF WHO HAD ASSIGNED.
The Court refused to make absolute a rule nisi for security to be given for costs by a plaintiff, who, it was sworn was in insolvent circumstances, and had mortgaged or assigned to a third party all his interest in the subject matter of the action. Parker v. Great Western Railway Company, 9 C. B. 766.
1 This part of the Common Bench Reports is only just published, and we are sorry to observe that the reporters have omitted to add a note to this case (decided May 22, 1850), to the effect that since August 14, 1850, when the 13 & 18 Vict. c. 61 passed, it is no longer necessary to enter any suggestion on the record to deprive a plaintiff of costs (s. 11).
Ditto to one retired Clerk
Compensation to two Chief Clerks to Masters, pursuant to
Act 15 & 16 Vict. c. 80.
Ditto to two Junior Clerks to Masters
£ s. d. 21,145 16 8
565 O 0
1,423 8 9
632 12 11
1,879 3 4 939 11 8
£26,505 13 4
Court of Chancery-The Accountant-General's Annual Account.
Solicitor to the Suitors' ditto, in lieu of Costs
Disbursements and Insurance
Compensation to late Officers of the Court of Exchequer
Expenses of Courts, Registrars' Offices, Masters' Office, Report
Costs of Contempt under Sir Edward Sugden's Act.
Surplus interest carried over to the "Suitors' Fee Fund Account," as directed by the Act 15 & 16 Vict. c. 87, s. 53
It will thus be seen that upwards of four millions of Stock 3 per Cent. Consols remain as
Court of Chancery-The Accountant-General's Annual Account.
The Suitors' Fee Fund.
Salaries to Officers of the Courts of the Lord Chancellor and Master of the Rolls
Ditto to Eight Junior Clerks to ditto
Total Chamber Clerks
Compensation to two Masters, at 7257. per annum
Salaries and Compensations to five Masters' Junior Clerks
Salaries to eleven Registrars
£10,330 17 9
17,116 17 0
1,860 1 6,896 14 262 10
£26,136 2 10
Allowances for Writing, and Compensation to Registrars, under 3 & 4 Wm. 4,
c. 94, s. 48, and 5 Vict. c. 5, s. 63
Salaries, &c., under 5 & 6 Vict. c. 84, and Lunacy Regulation Act, 1853:
Salaries to Clerks of the Petty Bag Office, under 12 & 13 Vict. c. 110
750 0 2,700 0 0
2,362 10 0
a dead Fund in the Court of Chancery,-one-third of which has arisen from accumulations of interest and compound interest, upon which the Suitors have no legal claim. About half a million would build the new Courts and Offices.-ED. L.O.
Court of Chancery.—Professional Lists.
Compensation for loss of Office and Profits, under 5 & 6 Vict. c. 103 :
Copy Money for writing and copying in the offices of Enrolments, Records
7,831 8 11
6,141 14 1 41,826 4 2
£201,242 13 7
By Balance of Cash on the 24th November, 1854
Csh brought over from various Causes, Matters, and Accounts, in lieu of
Cash paid in by Committees, and per centage brought over from several
Cash paid in by Clerk of Enrolments
Petty Bag Office
Poundage received under the Winding-up Act
Cash paid in by the Commissioners of Inland Revenue in respect of Money received by them for Chancery Fee Fund Stamps
Cash brought over from Moneys arising from Sale of Six Clerk's Office Surplus Interest brought over from Suitors' Funds, under 15 & 16 Vict. c. 87, s. 53
Interest brought from Moneys placed out to provide, &c., under the 15 & 16
Vict. c. 87, s. 54
Cash received from the Accountant-General for Brokerage, under 15 & 16
Cash paid in by Chief Clerk to Masters
£ s. d.
24,444 16 6 908 15 1 354
13,411 1 6
6,265 5 0
6,427 19 5 378 8 7
571 10 0
76,943 3 4
42 7 4
62,934 8 4
5,653 18 3
3,211 17 2 45 7 9
£201,242 13 7
There is also a Fund to provide for the Officers of the Court in case of deficiency amounting
From 25th March, to 18th April, 1856, both
inclusive, with dates when Gazetted. Brittan, Meshach, William Brittan, and Alfred Brittan, Bristol, Attorneys and Solicitors (so far as regards the said Meshach Brittan). April 11.
Claye, Richard, William Lister Welsh, and Thomas Claye, Manchester, Attorneys, Solicitors, and Conveyancers. April 18.
Guy, John, and Joseph James Reed, 8, Cannon Row, Westminster, and Hampton Wick, Attorneys and Solicitors. April 18.
Law, John Henry, and Nathaniel Gould, Manchester, Attorneys and Solicitors. April 4. Phillips, James, George Meriscoe Phillips,
and Henry Druit Phillips, 11, Abchurch Lane, City, Attorneys and Solicitors (so far as regards the said George Meriscoe Phillips). April 8.
Simmons, George, and Francis Hearle Cock, Truro, Attorneys and Solicitors. April 18.
Sturdy, James Barlow Stewardson, and William Pickop, Blackburn. Attorneys and Solicitors. April 4.
Taylor, John, and Alexander Saml. Hurford, 2, Castle Street, Holborn, Attorneys and Solicitors. April 8.
Appointed under the Fines and Recoveries' Act,
with dates when Gazetted. county of Cambridge. Gay, William, Wisbeach, in and for the
Marshall, Thomas, High Wycombe, in and for the county of Buckingham.
Superior Courts: Lord Chancellor.-Lords Justices.
RECENT DECISIONS IN THE SUPERIOR COURTS.
In re Adamson's Patent. April 19, 1856. PATENT. — SEALING.-PUBLIC USE OF IN
An invention was used publicly by the inventor in the completion of certain works for some months before the specification was filed. A petition to affix the Great Seal to the patent was dismissed with costs. THIS was a petition to affix the Great Seal to a patent for an invention for an improved mode of constructing stages and cranes to be used in the erection of piers or jetties. It appeared that the petitioner was engineer of the Hartlepool works, and had used one of the stages or cranes in question for some months before he filed his specification.
Cairns and Drewry in support. The Lord Chancellor (without calling on Bagshawe and Hindmarch, contrà), said, that the using of the invention for completing the works at Hartlepool, and not by way of experiment or testing it, was a dedication to the public, and the petition was accordingly refused
Hawker v. Hallewell. April 19, 1856.
DEBTOR AND CREDITOR.
E., paid the plaintiff 2501. and took his bond conditioned for payment of 1,000l. contingent on his surviving two other The plaintiff afterwards became insolvent and inserted E.'s name in his schedule, who, however, did not appear and prove: Held, affirming the decision of Vice-Chancellor Stuart, that the 1 & 2 Vict. c. 110, ss. 75, 80, had not the effect of discharging E.'s debt, and that those sections applied only to debts in præsenti, but payable in futuro. The chief clerk's certificate was accordingly affirmed, including E.'s name in the schedule of creditors in respect of the 1,000l. interest and costs, under a decree in a suit to carry out a deed of trust for the benefit of the plaintiff's creditors.
THIS was an appeal from the decision of Vice-Chancellor Stuart (reported ante, p. 470), refusing a motion to vary the certificate of the chief clerk, including the name of Mr. George Edwards in the schedule of creditors, as a creditor for 1,000l., together with interest and costs, under a deed dated in August, 1853, whereby the plaintiff conveyed and assigned all the residue of his real and personal estate to trustees, for the benefit of his creditors, and to pay the balance to the plaintiff, and which deed was directed to be performed by a decree made in Dec. 1853. It appeared that Mr. Edwards
had, in the year 1835, paid the plaintiff, who was in embarrassed circumstances, a sum of tion, and that the 1,000l. was to be paid if the 250., as consideration for the bonds in quesin July, 1842, before the contingency took plaintiff survived two other persons, and that place, the plaintiff had taken the benefit of the Insolvent Act, and inserted the name of Mr. Edwards in his schedule but that he had not proved his debt thereunder.
The 1 & 2 Vict. c. 110, s. 75, enacts, that "after such examination of any such prisoner as herein before directed, it shall be lawful at such hearing or adjourned hearing as aforesaid, for the Court or Commissioner or justices, upon such prisoner's swearing to the truth of his schedule, and executing such warrant of attorney as hereinafter directed to adcustody, and entitled to the benefit of this Act, judge such prisoner shall be discharged from at such time as the said Court or Commissioner or justices shall direct, in pursuance of the provisions hereinafter contained in that behalf, as to the several debts and sums of money due or claimed to be due at the time of making such vesting order as aforesaid from such prisoner to the several persons named in his schedule as 'creditors, for the same respectively, or for which such person shall have given credit to such prisoner before the time of making such vesting order as aforesaid, and which were not then payable," &c.; and section SO provides, that the discharge of any such prisoner so adjudicated as aforesaid shall and may extend to any sum or sums of money which shall be payable by way of annuity or otherwise, at any future time or times, by virtue of any bond, covenant, or other securities of any nature whatsoever, and that every person and persons who would be a creditor or creditors of such prisoner for such sum or sums of money, if the same were presently due, shall be admissible as a creditor or creditors of such prisoner for the value of such sum or sums of money so payable as aforesaid, which value the said Court shall, upon application at any time had to the original price given for such sum or made in that behalf, ascertain, regard being sums of money, deducting therefrom such been caused by the lapse of time since the diminution in the value thereof as shall have ing order as aforesaid; and such creditor or grant thereof to the time of making such vestcreditors shall be entitled in respect of such value to the benefit of all the provisions made for creditors by this Act, without prejudice, nevertheless to the respective securities of such creditor or creditors, excepting as respects such prisoner's discharge under this Act."
and Amphlett for Mr. Edwards; Freeling for
be dismissed with costs.