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360

Practical Points of General Interest.-New Bills in Parliament.

that an account stated by one of the makers | qualifications being continued to be required of a joint note, and part payment of the ac-in masters. count, took the case out of the statute as

.Sections 1-4 2d-Summary mode of making newstatutes.— city or neglect, the visitor, is empowered to The governors, or, in certain cases of incapadraw up such statutes as seem required for rendering the school more efficient, and substantially fulfilling the intentions of the founders, according to the rules laid down for Courts of Equity.

To these statutes the governors are to endeayour to obtain the consent of the visitor (or if the visitor is the person drawing them up, he is to endeavour to obtain the consent of any governors capable of acting); and they are then to submit them for the approval of the Court .5-10 of Chancery.

to the other; thus confirming the authority of Burleigh v. Stott. Then Mr. Platt relies upon the distinction in this case, that the payment was made after the statute had run, and which was pointed out by Mr. Justice Bayley as one of the grounds on which he distinguished the case of Atkins v. Tredgold from Whitcomb v. Whiting: that there the statute had attached, and that its operation could not be affected by any act of future payment. But I find that in Manderston v. Robertson, the note was dated the 9th of July, 1817, and an account was fur- For the purpose of revising such statutes, nished by one of the joint makers on the the Lord Chancellor is to select some one master in chancery; and for the purpose of 1st of June, 1825, to the payee, taking submitting them to such master, is to appoint credit to himself for payments of interest "a secretary for grammar schools."...11, 12 after the six years had elapsed, but not beThe governors (or visitor) are to transmit fore; and it was held that this was suffi- their proposed statutes to this secretary, with a cient to take the case out of the statute as full statement of the circumstances of the against the other maker. There the pay-school, from which, and from the reports of ment was after the six years had elapsed, the charity commission, and any other sources and yet it was held sufficient. he is to draw up a statement to lay before the master, with the proposed statutes; and the is that we must consider the case of Whit-master is to report upon it as if referred to comb v. Whiting as good law, and there will him in a cause pending, subject to be reviewed therefore be no rule. Rule refused. Chan- by the Lord Chancellor on petition by gover nell v. Ditchburn, 5 M. & W. 494; and see nors, &c.; all necessary correspondence &c. 13-17 Chippendale v. Thurston, Moo. & M. 411; being carried on by the secretary. 4 C. & P. 98; Pease v. Hirst, 10 B. & Cr. 122; 5 Man. & R. 88; Wyatt v. Hodson, 8 Bing. 309; 1 M. & Scott, 442; Rex v. Settet, 1 Ad. & Ellis, 196.

The result

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mary process.

Third, to promote the visitation of schools by visitors.

Fourth, to facilitate removal of unfit masters. Fifth, to make miscellaneous provisions. 1st.-General jurisdiction of Courts.-Power is given to Courts of Equity, whenever the question comes before them, to extend instruction to other branches of literature besides and in certain cases in lieu of Greek and Latin, and to make other alterations, after considering the original statutes and circumstances of each case, and the intentions of the founders. The schools remaining in all respects, not expressly altered, "Grammar Schools;" and the same

The statutes, when confirmed, are to be advertised; and if any parties interested in the school object, they may petition the Chancellor to have them reviewed; or if no new statutes are made, then within a certain time after the first vacancy in the office of schoolmaster, such parties may petition to have them made...... ...... 18, 19

New masters, on first vacancies, to be appointed, subject to a revision of statutes within a year; and governors to have power to make arrangements with existing masters to retire, subject to approval of the Court of Chancery.

20-22

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List of Sheriffs, Undersheriffs, Deputies, and Agents, for 1840.

361

COUNTIES.

Bedfordshire...
Berkshire.

.....

LIST OF THE SHERIFFS, UNDERSHERIFFS, AND AGENTS, FOR 1840.

SHERIFFS.

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W. Frederick Brown, of Dunstable, Esq. John Pearse, of Dunstable

Dep.

DEPUTIES AND AGENTS.

Office Hours, the same as Seal Office.
William Gresham, of Castle Street, Holborn.

H. Hippisley, of Lamborne Place, Esq... Charles J. Barnes, of Lambourne..... Dep. Rickards & Walker, 29, Lincoln's Inn Fields.
William Willoby, of Berwick..
Berwick-upon-Tweed G. M. Dickson, of Berwick, Esq...
William Ody Hare, Bristol

Bristol (City of).

Buckinghamshirc

...

...

John Peter Deering, of the Lee, Esq.....

Richard Vaughan, Esq......

Huntingdonshire} Thos. Mortlock, of Little Abingdon, Esq.
Cambridgeshire &

Canterbury (City of) James Fyfe, Esq......

Cheshire .....

Chester.

Cinque Ports.

C.

H. Hatton, Aylesbury, Acting U.S.
J. Runsey, of

P. Harris, of Cambridge.

Thomas Wilkinson, of Canterbury
J. Tollemache, of Tilstone Lodge, Esq.. T. B. Dumville, of Tarporley
Thomas Griffith, Esq..

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Finchett Maddock, of Chester.
Thomas Pain, of Dover
His Grace, The Duke of Wellington
Sir R. R. Vyvyan, of Trelowarren, Bart. P. P. Smith, of Truro
Cornwall
Coventry (City of).. Samuel Newsome, Esq....

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Exeter (City of)...
Gloucestershire

Gloucester (City of)

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Troughton & Lee, Coventry

Sir Geo. Musgrave, of Eden Hall, Bart. T. D. Bleaymire, Penrith

{

Sir Henry John Joseph Hunloke, of } J. Barber, of Derby.
Wingerworth, Bart.....

Augustus Stowey, of Kenbury, Esq...... Charles Brutton, of Exeter.

John Samuel Wanley Sawbridge Erle H. M. Aldridge, Poole
Drax, of Charborough Park, Esq.-

Sir H. Williamson, of Whitburn, Bart... John Bramwell, of Durham

...

. Dep. J. W. Bromley, 1 South Square, Gray's Inn. Ag. Bridges & Mason, 23, Red Lion Square.

Dep. Alexander & Co., 60, Lincoln's Inn Fields.

Dep. Taylor & Co., 41, Bedford Row.

Dep. Thomas Kirk, 10, Symond's Inn.
Dep. John Cole, 4, Adelphi Terrace, Strand.

Ag. Philpot & Co., 3, Southampton St., Bloomsbury.
Ag. Egan & Waterman, 23, Essex Street, Strand.
Dep. Adlington & Co., 1, Bedford Row.

Dep. Austen & Hobson, 4, Raymond Buildings.
Dep. Addison, 3, Mecklenburgh Square.
Dep. G. Capes, 48, Bedford Row.

Dep. John Clipperton, 17, Bedford Row.

Dep. Cuvelje & Co., 19, Southampton Buildings.
Dep. J. Griffith, 6, Raymond Buildings.

C. Thomas Tower, of Weald Hall, Esq... Thomas Morgan Gepp, of Chelmsford Dep. T. W. Nelson, 1, New Court, Temple.
R. T. Abraham, Exeter
Richard Bastard, Esq....

Sir M.H.H. Beach, Williamstrip Park, Bt.
Charles James Tasker, Esq.....
(John Meggott Elwes, of Bosington
House, Stockbridge, Esq.

J. Burrup, of Gloucester.
Thomas Bailey, Gloucester.

...

Woodham & Seagram, Winchester...

Thomas Heywood, of Hope-end, Esq.... Thomas Evans, Hereford....

C. S. Chauncy, of Little Mundun, Esq... George Nicholson, of Hertford.......

Dep. H. T. Shaw, 18, Ely Place.

Dep. Jones & Co., 1, John Street, Bedford Row.
Dep. Wilton, 16, Gray's Inn Square.

Dep. Hicks & Co., 16, Bartlett's Buildings.

Dep. Mr. Jones, 11, Gray's Inn Square. Dep. Hawkins & Co., 2, New Boswell Court.

362

List of Sheriffs, Undersheriff's, Deputies, and Agents, for 1840.

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SHERIFFS.

UNDERSHERIFFS.

{ Arthur Pott, of Bentham Hill, Tun- William Woodgate, of Lincoln's Inn

bridge Wells, Esq......

W. Holmes, of Kingston-upon-Hull, Esq. Thomas Holden, Hull..

T. F. Brockholes, of Claughton Hall, Esq. Pilkington & Co., of Preston
Sir Georeg Joseph Palmer, of Wanlip, Bt. H. Adcock, of Leicester
Thos. Geo. Corbet, of Elsham Hall, Bt. John Nicholson, of Brigg
Halford Wotton Hewitt, Esq...

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Norwich (City of)... John Barwell, Esq......

....

J. P. Dyott, of Litchfield...

R. Mason, of Lincoln.

Thomas France, 24, Bedford Row
H. Jackson, 15, St. Helen's Place
A. Dalrymple, of Norwich
H. Mostyn, of Usk
W. Dunn, of Newcastle

Monmouthshire...... Summers Harford, of Sirhowy, Esq..
Newnastle-upon-Tyne Robert Boyd, Esq...
Norfolk
H. Villebois, of Marsham House, Esq... F. B. Bell, of Downham Market.
Northamptonshire... Thomas Alderson Cooke, of Petrborough C. Markham, of Northampton.
Northumberland William Lawson, of Longhirst, Esq..... G. Brumell, of Morpeth
Sir J. G. Jackes Clifton, of Clifton, Bart.

Nottinghamshire

...

...

.....

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DEPUTIES AND AGENTS.

Dep. Palmer & Co., 24, Bedford Row.-Hours in Term, 11 to 5. In Vacation, 11 to 3, except between 10th August and 24th October, and then from 11 to 2.

Dep. Hicks & Marris, 5, Gray's Inn Square.

Dep. Fiddey, 14, Serjeant's Inn, Fleet Street.
Dep. Parker & Co., 3, Raymond Buildings.
Dep. Dynley & Co., 1, Field Court, Gray's Inn.
Ag. Baxters, 48, Lincoln's Inn Fields.

Dep. Willis & Co., 6, Tokenhouse Yard.
Secondaries' Office, Basinghall Street.
1 Burchell & Co., Red Lion Square.
Dep. Adlington & Co., 1, Bedford Row.
Dep. White & Whitmore, 11, Bedford Row.
Dep. Clayton & Cookson, 6, New Sq., Linc. Inn.
Dep. Taylor & Co., 41, Bedford Row.

Dep. King & Co., 13, Tokenhouse Yard.
Dep. Meggison & Co., 3, King's Road.

{Dep. Taylor & Collison, 28, Great James Street,

Bedford Row.-Hours same as Seal Office.

Nottingham (Town) John Nevill, of Nottingham, Esq........ Christopher Swann, of Nottingham... Ag. Holme & Co., 10, New Inn.
Oxfordshire ...

H. Hamersley, of Gt. Haseley House, Esq. S. Cooper, of Henley-upon-Thames.. Dep. Charles Berkeley, 52, Lincoln's Inn Fields.
Poole (Town of) ... Ambrose Tucker, Esq.....
T. Arnold, of Poole...

...

Samuel Richard Fydell, of Morcott, Esq. Mr. Hall, Uppingham..

...... .....

.. J. J. Peele, of Shrewsbury...
Edward Coles, of Taunton

Rutlandshire..
Shropshire
Thomas Eyton, of Eyton, Esq......
Somersetshire John Jarr tt, of Camerton, Esq.
Southampton (Town) John Hole, Esq.......
Staffordshire
Henry John Pye, of Clifton Hall, Esq.
G. St. Vincent Wilson, of Redgrave, Esq.
{King, of Woburn Farm, Chertsey
The Honorable Peter John Locke

Suffolk

Surrey

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Ag. George Weller, 29, Essex Street.
Dep. Alban & Benbow, 1, Stone Buildgs., Linc. Inn.
Dep. H. B. Jones, 22, Austen Friars.
Dep. W. & E. Dyne, 61, Lincoln's Inn Fields.

Richard Blanchard, of Southampton.. Dep. Davies & Cleobury, 21, Warwick St. Regent St.
. Francis Willington, Tamworth... Dep. White & Whitmore, Bedford Row.

John Jackson, Bury St. Edmunds ... Dep. Dixon & Co., 5, New Boswell Court.

George Potter, of Guildford

Dep. Jenkins & Abbott, 8, New Inn.

List of Sheriffs, Undersheriffs, Deputies, and Agents, for 1840.

363

COUNTIES.

Sussex

Warwickshire
Westmoreland
Wiltshire....

Worcestershire

SHERIFFS.

UNDERSHERIFFS.

John Davies Gilbert, of Eastbourne, Esq. Francis Harding Gell, of Lewes......
Dempster Heming, of Caldecott, Esq..... J. W. Unett, of Birmingham
The Earl of Thanet..

John Heelis, Appleby.....
W. H. F. Talbot, of Lacock Abbey, Esq. West Awdry, of Chippenham
James Foster, of Stourbridge, Esq........ Gillam & Son, of Worcester
E. Corles, of Worcester.

Worcester (City of) William Corles, of Worcester, Esq.....

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Carmarthen (Co,of

the Borough of)
Glamorganshire
Pembrokeshire
Radnorshire.

....

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Sir Thomas Aston Clifford Constable,} H. Graham, of York of Burton Constable, Bart... William North, of York, Esq.......

J. North, of York

...

NORTH WALES.

Sir L. P. Jones Parry, of Madryn, Knt. Williams & Co., of Pwllheli
The Hon. E. M. L. Mostyn, of Plas Hen Williams & Breese, Pwllheli

T. Mainwaring, of Marchweil Hall, Esq.
W.Shipley Conway, of Bodryddan, Esq.
George Price Lloyd, of Plasyndre, Esq..
Thomas Evans, of Maenol, Esq....

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C. Townshend, Wrexham.-R. Williams, Vale Street, Denbigh Charles Walter Wyatt, of St. Asaph Williams & Breese, Pwllheli

Dep.

Williams & Co., 38, Hatton Garden.
Dep. Williams & Co., 38, Hatton Garden.

Dep. William Dean, 16, Essex Street.
Dep. Bloxam & Co., 2, Lincoln's Inn Fields.
Dep. Williams & Co., 38, Hatton Garden.
Thomas Edmund Marsh, of Llanidloes Dep. E. S. Brigg, 38, Southampton Buildings.
SOUTH WALES.

R. Douglas Gough, of Yuiscedwin, Esq. {J. Jackson Price, H. Maybery,} Dep. Gregory & Son, 12, Clement's Inn.

of Brecon, Acting U.

John Wm, Lewis, of Llanarchayrou, Esq. Horatio Hughes, of Aberystwith...... Dep. Hawkins & Co., 2, New Boswell Court. John Lloyd Price, of Glangwilly, Esq... John Budden Jeffries, of Carmarthen Dep. Clarke & Medcalfe, 20, Lincoln's Inn Fields.

...

John Powell Davis, Esq......

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........

Michael Williams, of Morfa, Esq......

Richard Llewellyn, of Tregwynt, Esq

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Charles Basil Mansfield, of Swansea.. Dep. M. R. Young, 4, White Lion Court, Cornhill.

Edward Rogers, of Stanage Park, Esq... T. S. Rogers, of Kington.

..... ......

Dep. Norris & Co., 19, Bartlett's Buildings. Dep. Meredith & Reeve, 8, New Square, Linc. Inn.

Warrants are granted in Town, except for Canterbury, the Cinque Ports, Southampton, and Carnarvon.

364

Superior Courts: Lord Chancellor's Court.

SUPERIOR COURTS.

Lord Chancellor's Court.

MARRIED WOMAN.-SEPARATE ESTATE.

as to the furniture and effects in the house, whether they were part of the property bequeathed to the lady.

Mr. Russell, on the same side.-No point remained to be decided now, that was not A testator gave his daughter, then unmarried, decided in Tullett v. Armstrong. It seemed all his leasehold houses, all his monies, public to be the opinion of the Vice Chancellor that stocks, and all his personal estate whatso-in chattels and things moveable, being in the ever, to her separate use, free from the husband's possession, there could be no trust control or debts of any husband she might for the separate use of the wife, without the marry; and he appointed her sole executrix interposition of a third person as trustee, of his will, which she proved, and then which certainly was wanting in this case. But married; and by the marriage settlement that opinion was opposed to the numerous part of the public stocks was vested in decided cases, and, among others, to the opitrustees for her separate use for life, re- nion expressed by Lord Eldon in Lady Arundell mainder to the husband: Held, upon motion v. Phipps. In this Court it made no differbefore the hearing of the cause, that no ence whether there was such a trustee or not, part of the property bequeathed, whether the husband himself becomes a trustee for the leasehold or moveable, was liable to the wife in the absence of any other. There could husband's debts; and an injunction was be no pretence for saying that all this property granted till the hearing. was not the wife's separate estate, but it would be contended that as the husband was living with the wife, in the possession of the house and chattels, they became liable to his creditors.

The question in this case was, whether leasehold houses, and the furniture and other goods and chattels therein, which had been left by will to a single woman to her separate use, free from the controul and debts of any husband she might marry, were liable to be taken in execution on a judgment obtained against her husband, whom she married after the date of the will and death of the testator, without making any settlement of this property. The will and other circumstances of the case are reported, ante, p. 123, on a mo. tion before the Vice Chancellor for dissolving an injunction which had been granted ex parte in the wife's bill, to restrain the sheriff and judgment creditor from taking the goods &c. in execution. The Vice Chancellor refused that application, and ordered the injunction to be continued. An appeal motion was then made before the Lord Chancellor, who having then under consideration the case of Tullett v. Armstrong, and other cases involving this question among others, ordered the Vice Chancellor's order to be suspended, and that the sheriff should continue in possession of the property, but without selling until further order, leaving the plaintiff (the wife) at liberty to pay the amount of the judgment and costs into Court, or give security for them, in which case the sheriff might quit possession. The sheriff then resumed, by his officers, the possession of the house, (No. 19, West Square, Surrey) and of the furniture, which he had quitted on the Vice Chancellor's order.

Mr. Wigram now moved for his Lordship's order to restore the injunction, observing, after stating the words of bequest from the will, that the leasehold houses and furniture, and all the property so bequeathed to this lady, were unquestionably her separate estate, and that this case came within the principle of his Lordship's late judgment in Tullett v. Armstrong. The only doubt that could be raised by any argument on the other side, was

b

a See the report ante, p. 125. b Ante, p. 263.

Mr. Bethell, for Holmes, the judgment creditor, said, it did not appear by a published noted of this case when it was before the Court, that his Lordship expressed any opinion on the merits. The property in question was of a twofold description, being partly leasehold and partly moveable. All had been bequeathed by the testator to his daughter, who was at the date of the will and at the time of the testator's death, an unmarried woman, and who then had an unquestionable right to dispose of all the property. The testator added to his bequest, a clause that it "should not be liable to the controul or interference in any way of any person or husband she may be mar ried to." The question was, whether that clause created such a trust as excluded the marital right, where no third person was interposed, to support the distinction between legal and equitable ownership. There was no doubt that this Court holds that no trust shall fail for want of a trustee, and therefore the heir is sometimes held to be a trustee for some purposes, and so also in cases of gifts to the separate use of a married woman, though the law vests the legal ownership in the husband, yet equity holds him to be a trustee for her; Bennett v. Davis;e Parker v. Brooke. These cases had no application to the present case, the first being a devise of freehold lands to a married woman and her heirs; the latter, a gift of leasehold premises also to a married woman for her life, and to her children after her death, and there being special clauses excluding the husband in each case; whereas, in the present case, property was given absolutely to a single woman, to become her separate estate on her marriage, the will not

c 10 Ves. 139; see p. 150.

d The report in the Leg. Obs. ante, p. 125. The same had been just handed up to his Lordship by Mr. Wigram.

• 1 P. Wms. 316.

f 9 Ves. 583.

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