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360

Practical Points of General Interest.New Bills in Parliament. that an account stated by one of the makers | qnalifications being continued to be required of a joint note, and part payment of the ac

in masters.

... Sections 1-4 count, took the case out of the statute as 2d-Summary mode of making nero statutes.to the other ; thus confirming the authority city or neglect

, the visitor, is ein powered to

The governors, or, in certain cases of incapaof Burleigh v. Stott. Then Mr. Platt relies draw up such statutes as seem required for upon the distinction in this case, that the rendering the school more efficient, and subpayment was made after the statute had stantially fulfilling the intentions of the fourrun, and which was pointed out by Mr. ders, according to the rules laid down for Justice Bayley as one of the grounds on Courts of Equity. which he distinguished the case of Atkins v.

To these statutes the governors are to endeaTredgold from Whitcomb v. Whiting : that your to obtain the consent of the visitor (or if there the statute had attached, and that its is to endeavour to obtain the consent of any

the visitor is the person drawing them up, he operation could not be affected by any act governors capable of acting); and they are thea of future payment. But I find that in Man- to submit them for the approval of the Court derston v. Robertson, the note was dated the of Chancery.

........5—10 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 1st of June, 1825, to the payee, taking submitting them to such master, is to appoint

master in chancery ; and for the purpose of credit to himself for payments of interest after the six years had elapsed, but not be

a secretary for grammar schools."...11, 12

The 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 wbich, 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. The result

he is to draw up a statement to lay before the is that we must consider the case of Whit- master is to report upon it as if referred to

master, with the proposed statutes ; and the comb v. Whiting as good law, and there will lijm 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. Chippendale v. Thurston, Moo. & M. 411; being carried on by the secretary. 13-17 4 C. & P. 98; Pease v. Hirst, 10 B. & Cr.

The statutes, when confirmed, are to be ad. 122; 5 Man. & R. 88; Wyatt v. Hodson,

vertised;

and if any parties interested in the 8 Bing. 309; 1 M. & Scott, 442; Rex v. cellor to have them reviewed; or if no new

school object, they may petition the ChanSettet, 1 Ad. & Ellis, 196.

statutes are made, then within a certain time

after the first vacancy in the office of schoolNEW BILLS IN PARLIAMENT. master, such parties may petition to have them

made.....

.....18, 19

New masters, on first vacancies, to be apThis is a bill for improving the condition pointed, subject to a revision of statutes within and extending the benefits of grammar schools. a year; and governors to have power to make The objects of the bill are :

arrangements with existing masters to retire, First, to enable Courts of Equity, on pro- subject to approval of the Court of Chancery. ceedings instituted according to the usual

20-22 course, to extend the systems of education in 3d.–Visitation.-Visitors are empowered to grammar schools beyond mere Greek and Latin. visit once in every three years, and to charge Second, to provide a method by which par- expenses.

If visitor is incapacitated, the ties connected with schools may frame new bishop to visit. statutes, and submit them for the approval of If visitor neglect to visit (or bishop in the Court of Chancery by a cheap and sum- certain cases for bim), the Court of Chancery mary process.

to appoint a person to visit pro hâc vice. Third, to promote the visitation of schools

23-25 by visitors.

4th.—Removal of masters.- Visitors are emFourth, to facilitate removal of unfit masters. powered not only to dismiss, but, with approval Fifth, to make miscellaneous provisions. of Court of Chancery, to allow, in certain cases,

1st.-General jurisdiction of Courts.- Power a retiring pension. The order of disinissal to is given to Courts of Equity, whenever the ques- be subject to appeal to Court of Chancery; tion comes before them, to extend instruction but except by that means not to be questioned to other branches of literature besides and in

26–32 certain cases in lieu of Greek and Latin, and 5th.-Miscellaneous.-Modes of application to to make other alterations, after considering the Court, and some matters concerning the the original statutes and circumstances of each jurisdiction of the Chancellor, are regulated. case, and the intentions of the founders. The Governors are allowed to charge expenses. schools remaining in all respects, not expressly Rights of Ordinary are saved. Construction altered, Grammar Schools ;” and the same is affixed to different words. ...34-40

GRAMMAR SCHOOLS.

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

From "The Attorney's Office List," published by E. Spetrigue.

ENGLAND.

DEPUTIES AND AGENTS.

UNDERSHERIFFS.

SHERIFFS.

COUNTIES.

John Peter Deering, of the Lee, Esq..... TH.Hatton, Aylesbury, Acting U.S. J Dep. Alexander & Co., 60, Lincoln's Inn Fields.

Office Hours, the same as Seal Office.

Dep. William Gresham, of Castle Street, Holborn.
W. Frederick Brown, of Dunstable, Esq. John Pearse, of Dunstable
Bedfordshire...

H. Hippisley, of Lamborne Place, Esq... Charles J. Barnes, of Lambourne..... Dep. Rickards & Walker, 29, Lincoln's Inn Fields.
Berkshire...
Berwick-upon-Tweed G. M. Dickson, of Berwick, Esq..... William Willoby, of Berwick... Dep. J. W. Bromley, 1 South Square, Gray's Inn.
Bristol (City of)
Richard Vaughan, Esq.......

Ag. Bridges & Mason, 23, Red Lion Square.
William Ody Hare, Bristol

{J. Runsey, of High Wycombe ...
Buckinghamshirc
Cambridgeshire & }

Dep. Taylor & Co., 41, Bedford Row.
Huntingdonshire
Canterbury (City of) James Fyfe, Esq.......

Thomas Wilkinson, of Canterbury ... Dep. Thomas Kirk, 10, Symond’s Inn.
Cheshire

J. Tollemache, of Tilstone Lodge, Esq.. T. B. Dumville, of Tarporley Dep. John Cole, 4, Adelphi Terrace, Strand.

Thomas Griffith, Esq..
Chester

Ag. Philpot & Co., 3, Southampton St., Bloomsbury.

Finchett Maddock, of Chester.
Cinque Ports..
His Grace, The Duke of Wellington Thomas Pain, of Dover

Ag. Egan & Waterman, 23, Essex Street, Strand.

Dep. Adlington & Co., 1, Bedford Row.
Sir R. R. Vyvyan, of Trelowarren, Bart. P. P. Smith, of Truro
Cornwall
Coventry (City of ).. Samuel Newsome, Esq...

Troughton & Lee, Coventry Dep. Austen & Hobson, 4, Raymond Buildings.
Cumberland Sir Geo. Musgrave, of Eden Hall, Bart. T. D. Bleaymire, Penrith

Dep. Addison, 3, Mecklenburgh Square.

of
Derbyshire

Dep. G. Capes, 48, Bedford Row.
WingerworthBart
Devonshire Augustus Stowey, of Kenbury, Esq...... Charles Brutton, of Exeter

Dep. John Clipperton, 17, Bedford Row.
Dorsetshire
John Samuel Wanley Sawbridge Erle } H. M. Aldridge, Poole

Dep. Cuvelje & Co., 19, Southampton Buildings.
, of Charborough Park, Esq.
Durham
Sir H. Williamson, of Whitburn, Bart... John Bramwell, of Durham

Dep. J. Griffith, 6, Raymond Buildings.
Essex

C. Thomas Tower, of Weald Hall, Esq... Thomas Morgan Gepp, of Chelmsford Dep. T. W. Nelson, 1, New Court, Temple.
Ereter (City of )... Richard Bastard, Esq.

R. T. Abraham, Exeter

Dep. H. T. Shaw, 18, Ely Place.
Gloucestershire Sir M.H.H.Beach, Williamstrip Park, Bt. J. Burrup, of Gloucester.

Dep. Jones & Co., l, John Street, Bedford Row.
Gloucester (City of) Charles James Tasker, Esq..

Thomas Bailey, Gloucester. Dep. Wilton, 16, Gray's Inn Square.
Hampshire {

}

,
John Meggott Elwes, of Bosington Woodham & Seagram, Winchester... Dep. Hicks & Co., 16, Bartlett's Buildings.
Herefordshire Thomas Heywood, of Hope-end, Esq.... Thomas Evans, Hereford..... Dep. Mr. Jones, 11, Gray's Inn Square.
Hertfordshire C.S. Chauncy, of Little Mundun, Esq... George Nicholson, of Hertford.... ... Dep. Hawkins & Co., 2, New Boswell Court.

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

.....

{ Sir Henry Johan, Boseph Hunloke,of} J. Barber, of Derby.

O

361

SHERIFFS.

UNDERSHERIFFS.

362

COUNTIES.

VEPUTIES AND AGENTS.
Dep. Palmer & Co., 24, Bedford Row.—Hours in

Term, 11 to 5. In Vacation, 11 to 3, except
Kent

bridge Wells, Esq

Arthur Pott, of Bentham Hill, Tunc} William Woodgate, of Lincoln's Inn between 10th August and 24th October, and then
Kingston - upon

from 11 to 2.
Hull (Town &
W. Holmes, of Kingston-upon-Hull, Esq. Thomas Holden, Hull.

Dep. Hicks & Marris, 5, Gray's Inn Square.
Co. of Town)
Lancashire T. F. Brockholes, of Claughton Hall, Esq. Pilkington & Co., of Preston Dep. Fiddey, 14, Serjeant's Inn, Fleet Street.
Leicestershire Sir Georeg Joseph Palmer, of Wanlip, Bt. H. Adcock, of Leicester

Dep. Parker & Co., 3, Raymond Buildings.
Lincolnshire Thos. Geo. Corbet, of Elsham Hall, Bt. John Nicholson, of Brigg

Dep. Dynley & Co., 1, Field Court, Gray's Inn.
;
Lichfield (City & } Halford Wotton Hewitt, Esq....

J. P. Dyott, of Litchfield...

Ag. Baxters, 48, Lincoln's Inn Fields.
Lincoln (City of )... George Bailey, Esq...

R. Mason, of Lincoln.

Dep. Willis & Co., 6, Tokenhouse Yard.
& {
William Evans, Esq.

ŞThomas France, 24, Bedford Row Secondaries' Office, Basinghall Street.
London & Middlesex John Wheelton, Esq.

H. Jackson, 15, St. Helen's Place
Norwich (City of)... John Barwell, Esq......

A. Dalrymple, of Norwich

Dep. Adlington & Co., 1, Bedford Row.
Monmouthshire...... Summers Harford, of Sirhowy, Esq... H. Mostyn, of Usk

Dep. White & Whitmore, 11, Bedford Row.
Newnastle upon Tyne Robert Boyd, Esq...

W. Dunn, of Newcastle

Dep. Clayton & Cookson, 6, New Sq., Linc. Inn.
Norfolk

H. Villebois, of Marsham House, Esq... F. B. Bell, of Downham Market. Dep. Taylor & Co., 41, Bedford Row.
Northamptonshire... Thomas Alderson Cooke, of Petrborough C. Markham, of Northampton. Dep. King & Co., 13, Tokenhouse Yard.
Northumberland William Lawson, of Longhirst, Esq G. Brumell, of Morpeth

Dep. Meggison & Co., 3, King's Road.
Nottinghamshire ... ,

Nottingham, Acting

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..

Ag. George Weller, 29, Essex Street.
Rutlandshire. Samuel Richard Fydell, of Morcott, Esq. Mr. Hall, Uppingham...... Dep. Alban & Benbow, 1, Stone Buildgs., Linc. Inn.
Shropshire Thomas Eyton, of Eyton, Esq......... ..J. J. Peele, of Shrewsbury.. Dep. H. B. Jones, 22, Austen Friars.
Somersetshire John Jarr tt, of Camerton, Esq...

Edward Coles, of Taunton

Dep. W. & E. Dyne, 61, Lincoln's Inn Fields.
Southampton (Town) John Hole, Esq........

Richard Blanchard, of Southampton.. Dep. Davies & Cleobury, 21, Warwick St. Regent St.
Staffordshire Henry John Pye, of Clifton Hall, Esq. . Francis Willington, Tamworth....... Dep. White & Whitmore, Bedford Row.
Suffolk

G. St. Vincent Wilson, of Redgrave, Esq. John Jackson, Bury St. Edmunds ... Dep. Dixon & Co., 5, New Boswell Court.
Surrey
The Honorable Peter John Locke } George Potter, of Guildford

Dep. Jenkins & Abbott, 8, New Inn. King, of Woburn Farm, Chertsey

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

Sir J. G. Jackes Clifton, of Clifton, Bart. {P. Noen haben sichting Brewster

, } { DerecFaydon & Collison, 28, Great James Street,

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DEPUTIES AND AGENTS.

Sussex

COUNTIES. SHERIFFS.

UNDERSHERIFFS.
John Davies Gilbert, of Eastbourne, Esq. Francis Harding Gell, of Lewes...... { Depot France & Co., 24, Bedford Row.--Hours,
Wurwickshire

Dempster Heming, of Caldecott, Esq..... J. W. Unett, of Birmingham Dep. Tooke & Son. 39, Bedford Row.
Westmoreland
The Earl of Thanet..

John Heelis, Appleby..

Dep. G. M. Gray, 9, Staple Inn.
Wiltshire

W. H. F. Talbot, of Lacock Abbey, Esq. West Awdry, of Chippenham Dep. Hillier & Co., 6, Raymond Buildings.
Worcestershire James Foster, of Stourbridge, Esq...... Gillam & Son, of Worcester Dep. Cardale & Co., 2, Bedford Row.
Worcester (City of) William Corles, of Worcester, Esq....... E. Corles, of Worcester ........... Ag. Becke, 59, Lincoln's Inn Fields.
Yorkshire....... {Sir Thomas Aston Clifford, Constable,

ole,} H. Graham, of York

Dep. Beavan & Anderson, 2, Adelphi Terrace. York (City of) William North, of York, Esq... J. North, of York

Dep. Baxter, 48, Lincoln's Inn Fields.

NORTH WALES.

Anglesea
Carnarvonshire.
Denbighshire
Flintshire.
Merionethshire
Montgomeryshire

Sir L. P. Jones Parry, of Madryn, Knt. Williams & Co., of Pwllheli Dep. Williams & Co., 38, Hatton Garden. The Hon. E. M. L. Mostyn, of Plas Hen Williams & Breese, Pwllheli Dep. Williams & Co., 38, Hatton Garden. T. Mainwaring, of Marchweil Hall, Esq. { °Williams, Vale Street, Denbigh } Dep. William Dean, 16, Essex Street. W. Shipley Conway, of Bodryddan, Esq. Charles Walter Wyatt, of St. Asaph Dep. Bloxam & Co., 2, Lincoln's Inn Fields. George Price Lloyd, of Plasyndre, Esq.. Williams & Breese, Pwllheli Dep. Williams & Co., 38, Hatton Garden. Thomas Evans, of Maenol, Esq. Thomas Edmund Marsh, of Llanidloes Dep. E. S. Brigg, 38, Southampton Buildings.

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

SOUTH WALES.

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

Breconshire

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

}
Carmarthen (Co.of John Powell Davis, Esq......

P. G. Jones, of Carmarthen Dep. Poole & Gamlen, Gray's Inn Square.
Glamorganshire Michael Williams, of Morfa, Esq...... Charles Basil Mansfield, of Swansea.. Dep. M. R. Young, 4, White Lion Court, Cornhill.
Pembrokeshire Richard Llewellyn, of Tregwynt, Esq .. William Lock, of Tenbey

Dep. Norris & Co., 19, Bartlett's Buildings.
Radnorshire Edward Rogers, ot Stanage Park, Esq... T. S. Rogers, of Kington.

Dep. Meredith & Reeve, 8, New Square, Linc. Inn.

..

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

363

364

Superior Courts : Lord Chancellor's Court.

MARRIED WOMAN.-SEPARATE ESTATE.

SUPERIOR COURTS.

as to the furniture and effects in the house,

whether they were part of the property beLord Chancellor's Court. · queathed 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 leusehold 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 erer, 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 prover, and then which certainly was wanting in this case. But married ; and by the marriage settlement that opinion was opposed to the numerous purt of the public stocks was vested in decided cases, and, ainong others, to the opi, trustees 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 inade no differ. before 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, wus 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 grunted till the hearing.

was not the wife's separate estate, but it would The question in this case was, whether lease be contended that as the husband was living hold houses, and the furniture and other goods with the wife, in the possession of the house and chattels therein, which had been left by and chattels, they became liable to his credi. will to a single woman to her separate use, tors. free froin the controul and debts of any hus- Mr. Bethell, for Holmes, the judginent creband she might marry, were liable to be taken ditor, said, it did not appear by a published in execution on a judgment obtained against note d of this case when it was before the her husband, whom she married after the Court, that his Lordship expressed any opinion date of the will and death of the testator, on the merits. The property in question was without making any settlement of this pro- of a twofold description, being partly leaseperly. The will and other circumstances of hold and partly moveable. All had been bethe case are reported, ante, p. 123, on a mo. queathed by the testator to his daughter, who tion before the Vice Chancellor for dissolving was at the date of the will and at the time of an injunction which had been granted ex the testator's death, an unmarried woman, and parte in the wife's bill, to restrain the sheriff who then had an unquestionable right to disand judgment creditor from taking the goods pose of all the property. The testator added &c. in execution. The Vice Chancellor re- to his bequest, a clause that it “should not be fused that application, and ordered the injunc- liable to the controul or interference in any tion to be continued. An appeal motion was way of any person or husband she may be mar. then made before the Lord Chancellor, who ried to." The question was, whether that having then under consideration the case of clause created such a trust as excluded the Tullett v. Armstrong, and other cases involv- marital right, where no third person was intering this question among others, ordered the posed, to support the distinction between legal Vice Chancellor's order to be suspended, and and equitable ownership. There was no doubt that the sheriff should continue in possession that this Court holds that no trust shall fail of the property, but without selling until fur- for want of a trustee, and therefore the heir ther order, leaving the plaintiff (ihe wife) at is sometimes held to be a trustee for some liberty to pay the amount of the judgment purposes, and so also in cases of gifts to the and costs into Court, or give security for separate use of a married woman, though the them, in which case the sheriff night quit law rests the legal ownership in the husband, possession.a The sheriff then resumed, by his yet equity holds him to be a trustee for her; officers, the possession of the house, (No. 19, Bennete v. Davis;e Parker v. Brooke. These West Square, Surrey) and of the furniture, cases had po application to the present case, which he had quitted on the Vice Chancellor's the first being a devise of freehold lands to a order.

married woman and her heirs; the latter, a Mr. Wigram now moved for his Lordship’s gift of leasehold premises also to a married order to restore the injunction, observing, woman for her life, and to her children after after stating the words of bequest froin the her death, and there being special clauses exwill, that the leasehold houses and furniture, cluding the husband in each case; whereas, and all the property so bequeathed to this in the present case, property was given absolady, were unquestionably her separate estate, lutely to a single woman, to becoine her sepaand that this case came within the principle rate estate on her marriage, the will not of his Lordship's late judgment in Tulleti v. Armstrong b The only doubt that could be c 10 Ves. 139; see p. 150. raised by any argument on the other side, was d The report in the Leg. Obs. ante, p. 125.

The saine had been just handed up to his * See the report inte, p. 125.

Lordship by Mr. Wigram. b Ante, p. 263.

. 1 P. Wms. 316.

f 9 Ves. 583.

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