140

Review: Blaine's Artistic Copyright.-Equity Practice.-London Commiss. in Chan.
NOTICES OF NEW BOOKS.
POINTS IN EQUITY PRACTICE.

ATTACHMENT AGAINST DEFENDANT

ABROAD FOR WANT OF ANSWER. —RETURN, A writ of attachment was directed to the sheriffs of London, returnable immediately, against the defendant, who was resident in

"That such a treatise is wanted, in consequence of the importance of such rights, will, it is hoped, appear in the following pages, Cuba, and had made default in answering the wherein it will be found that, either from ig-amended bill. norance or non-observance of the existing laws

On a motion to set it aside for irregularity,

of artistic copyright, artists, printsellers, and other proprietors of such rights, are placed in the Master of the Rolls said, "The case of the greatest jeopardy as to property of that Boschetti v. Power, 8 Beav. 180, is strictly in description. "As this work is chiefly intended for the It determines, that when a party is out of the point, and cannot be distinguished from this. guidance and information of persons interested in artistic copyrights, the primary object has jurisdiction and makes default in answering, been to state the law as to such rights as it is you cannot issue an attachment returnable imconceived to exist, and in so plain a manner mediately in a place you know he cannot be that all those persons may understand their found. Lord Langdale appears to have rerights, remedies, and the mode of transfer of their property: served his judgment in order to ascertain the practice. I am of opinion, that this attachment must be discharged with costs. Zulueta v. Vinent, 15 Beav. 273.

"And that at the same time the work may not be without its use for the Legal Profession, the views advanced have in most instances been supported by reference to decided cases.

"With regard to the defects of the existing laws of artistic copyright, some suggestions have been made for their remedy; an unusual plan, it may be said, in a work of this nature, and which has only been attempted after considerable hesitation, because it was felt that the necessity for an amendment of such defects is alike urgent and important to a large and meritorious class of artists, whose efforts in the cultivation of the Fine Arts appear destined to have a most important effect on the moral and material welfare of the British people."

After an able introduction, Mr. Blaine arranges the subject of his treatise under the following heads :

:

1. The principle upon which Artistic Copyrights should be based, and of British Legislation in respect of such Copyrights. 2. Copyright in Designs, Etchings, Engravings, Maps, Charts, and Plans, made and first published in Great Britain or Ireland.

3. Copyright in works of Sculpture. 4. The chief defects of the existing Laws of Artistic Copyright, with some suggestions for the amendment of such Laws.

LONDON COMMISSIONERS IN
CHANCERY.

A MISAPPREHENSION prevails amongst some of our readers, as well as in other quarters, that the Commissions granted to the members of the Council of the Incorporated Law Society to administer oaths in Chancery, were all that the Lord Chancel

lor intended to issue. We are at a loss to understand how such a mistake could arise. A public notice was placed up in the office of his Lordship's Secretary, containing the regulations under which Commissions might be applied for by solicitors of 10 years' practice, recommended by two barristers and two solicitors, and of which application notice was to be given to the Registrar of Solicitors at the Incorporated Law Society.

We understand that notices have accordingly been received from nearly 150 solici tors, whose several professional residences

See the Regulations at p. 70, ante, in the Legal Observer for 26th November.

Education of Attorneys.-Queries and Answers to Articled Clerks.

141

are in various parts of the metropolis, and the reward of intelligence and industry, and I some in the suburbs,-so that the suitors and am sure that you will not dispute the fact that all persons having to make affidavits or de-a considerable portion of our most able lawyers clarations, may be saved the inconvenience have thus obtained their admission to the law. of resorting to the Record and Writ Office result of considerable experience and observaI am fully persuaded in my own mind, as the within certain limited hours of attendance. tion, that (if practicable) a preliminary classical The Lord Chancellor, we are informed, examination of young gentlemen previously to thought proper, from the position of the being articled would be the best and most Council of the Incorporated Law Society, effectual method for preserving the respectto appoint them without going through the ability of the Profession, although I do think formality of giving notice, which indeed that the danger to be apprehended as the result would have been announcing to themselves of a 40l. reduction in the articles' stamp is untheir own application. This was his Lord- necessarily overrated by some practitioners, especially when we consider that there still ship's act, and sufficiently answers the sup- remains the heavy premium payable on the position that they had sought the distinction and omitted to recommend their equally respectable brethren. We are assured that they have not personally interfered in behalf of any Commissioner, and in fact have merely a ministerial duty to perform, through their officer, as Registrar of Solicitors under the 6 & 7 Vict. c. 73. They will, of course, ascertain that the applicants are of the required standing in the Profession and duly recommended..

EDUCATION OF ATTORNEYS.

To the Editor of the Legal Observer. SIR,-Referring to the Article on the above subject, in your publication of the 3rd inst., allow me to inquire whether or not you would recommend the order for the examination of clerks on subjects of literature and science to extend to those already articled? And, if so, whether or not you would propose to make any distinction between those who are serving under the 1207. stamp and those who have been articled since the passing of the Act of last Session?

My own opinion is, that the proposed extra examination ought not to extend to clerks articled previously to the making of the order for that purpose (if any such order be made), except as regards the service of the articles, and an inquiry into character, which, I think, ought to be exceedingly strict (much more so than it is at present), and equally so to all. But I do think, that if an order for examination in literature or classics were made retrospective, it would not only be exceedingly unjust to those already articled (as the period of clerkship is brief enough for the clerk to obtain a thorough knowledge of the Law), but their legal knowledge would consequently be very superficial at the expiration of their articles, as a great portion of the time which ought to (and otherwise would) be devoted to the study of the Law, would of necessity be consumed in acquiring a knowledge of languages, &c., to enable them to pass muster at the examination,-the latter remark would apply especially to those clerks who have had their articles giver to thein as

execution of articles, the five years' gratuitous service, together with the additional fees on admission, &c. (not to mention the 801. stamp duty still payable on the articles of clerkship).

Surely, sir, if a person is able to surmount these barriers and to become an attorney, a trifling sum of 401. more or less stamp duty on his articles will not be any very great consideration, at least not sufficient in any single instance to constitute the turning point in a matter of so much import. LEX.

Manchester, 15th Dec., 1853.

The Profession owes a deep debt of gratitude to the Incorporated Law Society for the exertions it has used to elevate the character, and to improve the moral influence of attorneys; but the reduction of the stamp duty on articles of clerkship claims its earnest consideration, lest an ignorant, uneducated, class of men may degrade the Law into an engine of extortion and chicanery.

Five years is ample time, sufficient for any man, possessed of merely moderate abilities, to make himself master of the elements of Latin, and even Greek and French. I would, therefore, humbly submit, that an examination in one of these language should be made an absolute necessity before entrance into the Profession.

Secondly, I would most earnestly recommend, that some honorary distinction should be conferred upon candidates, either by placing them in classes, or making their examination so difficult as to be worth the while of working up for. Attendance upon a certain number of lectures might also be made compulsory.

I think under such a system hardly few, if any, disreputable characters would endeavour to force themselves into so honourable and gentlemanly a Profession, as that of the Law. AN INQUIRER.

QUERIES AND ANSWERS OF AR-
TICLED CLERKS.

NOTICE OF EXAMINATION AND ADMISSION.

I WAS articled, on 11th January, 1849. omitted to give notice before last Term i order to apply for admission in the ensuin Term. Is not full notice sometimes dispense

142

Solicitors' Diary for 1854.-Fusion of Law and Equity.-Notes of the Week.

with, and in what case, as I am anxious to apply next Term ?

D.

[It is in the power of a Judge to dispense with full notice. The course is to apply on an affidavit showing the reason for omitting to give notice, and the injury which will arise by delay, and asking to be examined in the Term, and admitted on the last day. Thus public notice will be given by including the name in the printed list on the 1st day of Term.-Ed.]

COLONIAL ATTORNEYS.

Is an attorney in Australia obliged to continue taking out his certificate in England? And if not, when he returns to this country will he have to pass the examination again, or by renewing it annually would it be suf

ficient?

H.

[No attorney is required to take out an annual certificate if he does not practise here. An attorney returning from a British colony where the same Law prevails as in England, need not undergo another examination, unless the Judge should think after a lapse of many years he would be incompetent to discharge the duties of an attorney.-Ed.]

FUSION OF LAW AND EQUITY.

On the different views taken regarding the extent of the proposed Fusion of Law and Equity, we are glad to refer to the able Introductory Lecture of Mr. Archer Shee, contained in our last two Numbers, in which we think the subject is treated of very conclusively.

We subjoin the reply of "A Barrister" to one of our correspondents :

"By way of exemplification of the maxim of Sir William Blackstone, that all Courts should have the same rules of evidence ;-all should have the best, or they cease to be Courts of Justice,' I would remark that if the soi-disant Baronet of the late Gloucester Assizes had been a Suitor in Equity,' he would have been questioned before an Examiner.' I beg leave to ask, on what grounds of reason or policy, on what principles of dissent from the views of our illustrious Commentator, is a suitor of Justice to be debarred from using the most effectual means for eliciting the truth. According to the existing Jurisprudence,' he is restricted to the worst and most ineffectual mode, on a mere arbitrary classification of his Cause,'-I should say, on a foolish and deceptive designation of it. "A BARRISTER."

NOTES OF THE WEEK.

THE Legacy and Succession Duty Office will be closed on Monday, the 26th December.

INCORPORATED LAW SOCIETY.

The Hall, Library, and Offices, will be closed on Monday, the 26th December.

LIBRARY.-EVENING ATTENDANCE.

On and after Tuesday, the 27th December, the Library will be closed at 9 o'clock in the Evening, except on the Evenings of Lectures, when it will continue open until 10 o'clock.

Superior Courts: Court of Chancery.

RECENT DECISIONS IN THE SUPERIOR COURTS.

Court of Chancery.

(Coram the Lord Chancellor and L. J. Turner.)
Watlington v. Waldron. Dec. 14, 1853.
OF. PROVISO AS

DEVISE, CONSTRUCTION

TO CUTTING TIMBER.-TENANT FOR LIFE
IMPEACHMENT OF WASTE.-

WITHOUT

ASSIGNEE OF TERM.

143

Russell and Morris for the purchaser; Bacon man for the child of the granddaughter. and Lonsdale for the husband, Baily and Hoff

Hewitt v. Hewitt, 2 Eden, 332; Ambl. 668; Fordyce v. Bridges, 2 Phill. 497; Briggs v. Earl of Oxford, 5 De G. & S. 156, were cited.

The

The Court said, the proviso in favour of the granddaughter, to cut some of the timber for her benefit, was only to take effect if she attainEstates were devised for a term of 99 years, ed 21 during the lifetime of her father, the tenwithout impeachment of waste, in trust for ant for life without impeachment of waste, and sale to pay legacies, debts, and annuities, if it had not been necessary to raise the term. with a proviso that no part of the timber on This term was for payment of debts and lethe residue of his freehold estates should be gacies, and the restriction of the proviso would cut until the testator's granddaughter should render a sale almost impossible, and it was attain 21, when it should be lawful for the therefore made subservient to the term. trustees to cut down and sell such as they gift of the timber to the granddaughter would should think fit, and to pay the proceeds to be inconsistent with the devise of the term such granddaughter. She attained 21 after without impeachment of waste, and would the death of the testator, who survived his destroy the trust for payment of debts and son, the tenant for life, without impeach- legacies. The plaintiff, as assignee of the term, ment of waste, under the will, and part of would therefore be entitled to all the timber on the estates had been sold in an administra- the estates, except such as were for ornamental tion suit, subject to the proviso: Held, on purposes, and the judgment would be for the special case under the 13 & 14 Vict. c. 35, plaintiff. that the proviso only operated on the granddaughter attaining 21 before her father's death, and that the timber went to the purchaser as assignee of the term.

THIS was a special case under the 13 & 14 Vict. c. 35, for the opinion of the Court on the construction of the will of the testator, Mr. John Webb, whereby he devised certain estates for a term of 99 years, without impeachment of waste, in trust to sell, in order to make up any deficiency in his personal estate to meet the payment of debts and the legacies and annuities thereby given, and subject thereto to his son for life, without impeachment of waste, with remainder to his granddaughter, Caroline C. Webb, for life, without impeachment of waste, with remainder to her issue in tail. It was also provided, that no part of the timber on the residue of his freehold lands, tenements, and hereditaments, should, on any pretence, or for any purpose whatsoever (except for necessary repairs), be felled or cut until his granddaughter, Caroline S. Webb, should attain the age of 21, when it should be lawful for them to cut down and sell such timber as they should think fit, and to pay the proceeds to his said granddaughter for her sole and separate use and benefit, to whom he thereby gave and bequeathed the same. It appeared that the testator died in 1828, having survived his son, and that the granddaughter attained 21 in 1836, and that part of the estates were sold under a decree in an administration suit, which had been instituted, subject to the proviso of the will.

The granddaughter had married and was now dead, leaving one child. This special case had been transferred to this Court on the request of Vice-Chancellor Kindersley in consequence of the decision in Webb v. Grace.

(Coram the Lord Chancellor and Lords Justices.) In re Edmond, exparte Nielson.

1853.

Dec. 13, 15,

JOINT STOCK COMPANIES' REGISTRATION

ACT.-SALE OF SHARES BY HOLDER NOT
REGISTERED VOID BY S. 26. SUBSE-
QUENT BANKRUPTCY.

Held, dismissing with costs an appeal from
Mr. Commissioner Skirrow, that shares in
an insurance company, completely register-
ed, passed to the assignees on the bank-
ruptcy of the holder, where he had not
signed the deed of settlement, nor been re-
gistered, under the 7 & 8 Vict. c. 110, s.
26, and that a sale thereof before the bank-
ruptcy was void.

THIS was a petition of appeal from the decision of Mr. Commissioner Skirrow. It appeared that 200 shares in the Royal Assurance Company had been allotted to the bankrupt, and that he had paid 15s. premium thereon, together with two calls made in respect of such shares, but that he had never executed the deed of settlement, nor been registered as a shareholder. The company had been completely registered under the 7 & 8 Vict. c. 110, which provides, by s. 26, that "until any such subscriber or person shall have been duly registered as a shareholder in the said registry office, it shall not be lawful for such person to dispose by sale or mortgage of such share or of any interest therein, and that every contract for sale or disposal of such share or interest shall be void, and that every person entering into such contract shall forfeit a sum not exceeding 101." It appeared that the bankrupt had sold 155 shares in January, 1846, through

Superior Courts: Court of Chancery.-Lords Justices.—Rolls.

the petitioners, who were share-brokers at as a creditor for his costs against the estate, and that the Master of the Rolls had jurisdiction in the suit on the question as to the amount of debt, and the matter was accordingly referred back.

Horlock and others v. Smith and others. Dec. 14, 1853.

The following cases were cited :-Wilkinson v. Anglo Californian Gold Mining Company, MARRIAGE SETTLEMENT. 21 Law J., N. S., Q. B., 327; Hibblewhite v. M'Morine, 5 M. & W. 402; Galvanised Iron Company v. Westoby, 8 Exch. R. 17; Austen v. Craven, 4 Taunt. 644; Sutton v. Tatham, 10 A. & E. 27; 2 Per. & D. 308.

COVENANT BY HUSBAND TO PAY MONEY TO TRUSTEES.VOLUNTARY ADVANCE.