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Court of Bankruptcy Returns.—Law of Attorneys and Solicitors.
with the seal of the General Register Office, and when so sealed or stamped as aforesaid, if tendered in evidence upon any trial or other judicial proceeding in any civil or criminal court, shall be received as evidence of the place of meeting therein mentioned or described having been at the time in that behalf therein stated duly certified and registered or recorded as by law required, without any further or other proof of the same; and the Registrar General shall be entitled to demand and receive for every search in the said returns extending over a period of not more than ten years, the sum of 1s., and for every additional period of 10 years the sum of 6d., and the further sum of 2s. 6d. for every single certified copy or extract.
25. Save as herein expressly provided, this act shall not extend to Ireland or Scotland.
26. This act shall come into operation on the 1st January, 1857, and none of the provisions thereof shall take effect previous to that day.
The forms given in the schedule to the act are omitted, as printed copies will be supplied by the proper officer.
COURT OF BANKRUPTCY RETURNS,
MESSENGERS' ANNUAL INCOMES.
1,706 17 4
1,047 12 0
£659 5 4
£1,360 8 9
Receipts 3,631 13 10 Payments 2,391 7
£1,240 6 9
Receipts 5,082 8 3 3 Payments 3,707 3
[The large salaries received by these messengers are occasioned, in a considerable degree, by their transacting business which previously was done by the clerks in the attorneys' offices. Whether the disbursements they charge are legitimate and reasonable we know not; but the net profits, according to their own admissions, are larger than those of professional men.—ED.]
LAW OF ATTORNEYS AND SOLICITORS.
TAXATION BY CESTUIS QUE TRUSTENT OF COSTS INCURRED BY TRUSTEES.
It appeared that upon the marriage of Mr. and Mrs. Barnard certain property was settled upon the usual trusts for themselves and their children. Mr. Hallett, who had been employed as solicitor of the trust, had received part of the trust moneys, and had been the solicitor in a suit in which Mr. Newman and Mr. Ainger were appointed new trustees.
Mr. Ainger died in 1848, and Mr. Newman in 1852, but the cestuis que trustent alleged that they were totally unacquainted with Mr. Newman, and where he died, and who were his legal personal representatives. They also stated that they had
Law of Costs.-Construction of Equity Jurisdiction Improvement Act.
repeatedly applied to Mr. Hallett to afford them such information, with a view to obtain an order for the taxation of the trust bills of costs and the delivery of the trust accounts, at the instance of the parties entitled at law to require the payment of what should be found due on the balance of the accounts and the taxation of the bills of costs, and, if necessary, to obtain the appointment of new trustees for that purpose, but that Mr. Hallett refused to afford them any such information.
The cestuis que trustent under the settlement accordingly presented a petition under the 6 & 7 Vic. c. 73, s. 39, for the taxation of the trust bills of costs, but which were also mixed up with other bills against Mr. Barnard personally, and also praying the payment by Mr. Hallett of the balance of the trust fund to the petitioners.
The Master of the Rolls said: "It is clear that an order for taxation must be made, subject to the question of costs, as to which I will read the affidavits.
"It is admitted by Mr. Palmer that I cannot order the money found due from the solicitor to be paid to the petitioners, for if it were paid over, that would be no indemnity to the solicitor against any breach of trust.
"If any balance should appear to be due from the solicitor in respect of the trust estate, I must direct it to be paid into court to an account to be intituled, 'The Trusts of the Marriage Settlement of Mr. and Mrs. Barnard.' I will afterwards state what I will do as to costs."
His Honour subsequently said that he was not satisfied as to the conduct of either party, and though he had somewhat waivered in opinion on the matter, he had ultimately come to the conclusion, after taking into consideration the conflict of the evidence, that the proper course would be to give no costs to either side of the petition.
In re Hallett, 21 Beav. 250.
LAW OF COSTS.
UNDER COUNTY COURTS ACTS-CAUSE
OF ACTION IN JURISDICTION WHERE DEFENDANT DWELLS, AND PARTIES RESIDE WITHIN TWENTY MILES OF EACH OTHER.
THF plaintiff, a butcher, resided and carried on his business at Uxbridge, in Middlesex, and within the jurisdiction of the Uxbridge County Court. The defendant resided near Chalfont, in Buckinghamshire, and within the jurisdiction of the High Wycombe County Court. Most of the goods for which this action was brought were ordered and delivered at Uxbridge, but some of them, though ordered there, were delivered to the defendant within the jurisdiction of the High Wycombe County Court. The plaintiff had obtained a rule nisi to tax his costs under the 9 & 10 Vic. c. 95, s. 128.
Jervis, C. J., said:"In the course of the argument, reliance was placed on the part of the plaintiff upon a case of Dodd v. Wigley, 7 Com. B. 106, where this court seemed disposed to decide, but did not actually decide, that, where some of the goods were delivered, or a portion of the work done, within the jurisdiction of the court within which the defendant dwells or carries on his business at the time of the action brought, the case is brought within the 2nd exception of the 128th section of the 9 & 10 Vic. c. 95. But the Court of Exchequer, in Grimbley v. Aykroyd, 1 Exch. 479; 3 D. and L.
701; and Wood v. Perry, 3 Exch. 442; 6 D. and L. 194, laid it down, that, where a tradesman has a bill against a party for any amount in which the items are so connected together that it appears that the dealing is not intended to terminate with one contract, but to be continuous, so that one item, if not paid, shall be united with another, and form one continuous demand, the whole together forms but one cause of action, and cannot be divided; or, in other words, that 'cause of action' in the statute meant cause of one action, and was not to be limited to an action upon one separate contract; and they held, that, if any one item in such a bill arises within the jurisdiction of a county court, the cause of action in some material point' arises within that jurisdiction, and the superior court has not concurrent jurisdiction under the 128th section. Although it is undoubtedly extremely difficult to reconcile that view with the hypotheses which were forcibly put by Mr. Honyman in the course of his argument, we think it a convenient rule, and one which it will be useful to abide by, seeing that it operates strict justice, and insures uniformity of decision on a question of considerable importance. We think, therefore, we must hold ourselves governed by the decision of the Court of Exchequer in Grimbley v. Aykroyd and Wood v. Perry, and that this must be considered as one cause of action' arising upon the butcher's bill. Then, is it true, as Mr. Honyman suggests, that a material part of the cause of action here did not arise within the jurisdiction of the county court of High Wycombe, within which the defendant resided, but only a part of the cause of action? We think that, though strictly and technically it is true that a part only of the cause of action-viz., the delivery of certain joints of meat, took place within the jurisdiction of the High Wycombe County Court; yet, as the whole is to be taken as one cause of action, a material part of that cause of action arose within the jurisdiction of the High Wycombe County Court, and therefore that court had jurisdiction. For these reasons we think the rule should be discharged."
PRODUCTION OF DOCUMENTS ON EXAMINATION OF
THIS was an appeal from the decision of V. C. Kin-
L. J. Knight Bruce said: "They are documents as to which not a question was asked on the part of the defendant, whose witness he was, except such questions as merely led to the proof of examination or handwriting. Now if these documents, or any of them, were in the possession or power of the defendant himself, the 18th section of the act would prevent any possibility of injustice in the suit with regard to I examined that section when it was uncer
418 Clerks of the Peace of England and Wales, 1856.-Selections from Correspondence.
tain-as it was for some time whether some of these documents were not in the possession or power of the defendant who produced the witness. It is now stated by a solicitor of the court-and I have no doubt accurately-that not one of them is so, but that they are all in the possession (in every sense of the expression) of the witness who did produce them. "The documents have all been ascertained, I think, and therefore if the plaintiff shall wish to see them, all he has to do is to serve the witness with a subpæna duces tecum on his behalf, and the documents, if in their nature evidence, will be produced and read. Supposing, however, that not to be done, and supposing the cause taken to a hearing in its present condition, the court, at the hearing, will have the power to prevent injustice by directing further examination or the re-examination of any witnesses.
"It is not denied that, according to the established practice of the court before the statute, this application could not succeed. But it has been said, that the 31st section of the act makes so important a change in the constitution-if I may use the expression-and the course and practice of the court, as to render that right which otherwise would have been wrong. Now I certainly am not prepared to say that this was the intention, or is the true construction, of the act, which says, that the witnesses so examined orally shall be subject to cross-examination and re-examination; and such examination, cross-examination, and re-examination shall be conducted, as nearly as may be, in the mode now in use in courts of common law with respect to a witness about to go abroad, and not expected to be present at the trial of a cause.' I do not assent to the proposition that the true interpretation of this act renders it incumbent upon the court, as a matter of course, to grant the application, which is not made upon any special ground. If, indeed, in the cross-examination of the witness there had appeared reasonable ground for doubt or inquiry whether he was not mistaken as to the handwriting-whether all the documents were genuine-whether he had sufficient means of speaking to the handwriting-I can conceive that the court would have the power to compel their production. The hands of the court cannot be so fettered, cannot be so weak for the administration of justice in a reasonable manner, as such an argument would imply. Here the witness has not been cross-examined; the time of cross-examination, the time of bringing forward any doubt or objection, has not arrived; and we are asked without any such information, without any such guide, but as a mere matter of right, and of course, to compel the production and inspection of these documents. In my opinion, as there was no such right before the act of Parliament, so there is none since.
"Reserving myself, therefore, wholly upon the question what it may be proper to do on the crossexamination of the witness, if there shall be a crossexamination, or on other materials produced in any way, I decline to make the order as a matter of course, it being as a mere matter of course that we are asked to make it."
Lord v. Colvin, 5 De G. M'N. and G. 47.
POWERS OF MORTGAGEES.
A. ADVANCES to B. £5,000 on equitable security, and takes a deposit of title deeds, relating to valuable estates in Lancashire, with the usual memorandum and undertakings. Shortly afterwards A., being in want of money, borrows £2,000 from C., and without
Selections from Correspondence.—List of Public General Acts.
the knowledge or consent of B. pledges the aforementioned muniments as security for the last-named advance.
Is such a procedure consistent with the relative positions of A. and B., or one which a court of equity would take cognizance of? and if not, to what extent is a mortgagee (legal or equitable) warranted in depositing his mortgagor's title deeds with a third party, to secure the repayment of borrowed money without the concurrence of the mortgagor, or a transfer of the mortgage to the lender.
NUISANCE FROM RAILWAY.
A railway has recently been laid, running close by an old-established boarding-school: much inconvenience is sustained from the noise of the trains constantly passing and repassing. Is the master of the school, who is also the owner of the freehold of the mansion, entitled to a compensation or not? AMICUS.
SURRENDER OF LIFE POLICIES.
I rejoice to find from a recent number of the LEGAL OBSERVER that one office, the Minerva, has the good sense-I may say honesty-to guarantee a return of the premiums paid on the assured desiring to discontinue the assurance, -a fact which has hitherto been very little known.
I subjoin the particulars of two most important benefits afforded by that company, independent of its registering notices of assignments which other companies in general refused to do.
I trust the advantages are inserted in the policy and not in the prospectus merely.
1. AN Act to regulate certain Offices of the House of Commons.
2. An Act to amend the Acts relating to the Metropolitan Police.
3. An Act to extend the Period for which Her Majesty may grant Letters Patent of Incorporation to Joint Stock Banks in Scotland existing before the Act of One thousand eight hundred and forty-six.
4. An Act to apply the Sum of One million six hundred and thirty-one thousand and five Pounds One Shilling and Fivepence out of the Consolidated Fund to the Service of the Year ending the Thirty-first Day of March One thousand eight hundred and fifty-six.
5. An Act for funding Exchequer Bills and raising Money by way of Annuities.
6. An Act for raising Five Millions by way of Annuities.
7. An Act to apply the Sum of Twenty-six Millions
out of the Consolidated Fund to the Service of
the Year One thousand eight hundred and fiftysix.
8. An Act for the Regulation of Her Majesty's Royal Marine Forces while on shore.
9. An Act to amend the Acts relating to the Advance of Public Money to promote the Improvement of Land.
10. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.
11. An Act to authorise the Inclosure of certain Lands in pursuance of a Report of the Inclosure Commissioners for England and Wales.
12. An Act to confirm certain Provisional Orders made under an Act of the Fifteenth Year of Her present Majesty, to facilitate Arrangements for the Relief of Turnpike Trusts.
13. An Act to make Provision for the Management of certain Lands belonging to Her Majesty within the former Limits of the late Forest of Delamere in the County of Chester.
14. An Act to abolish the Office of Secretary to the Poor Law Commissioners in Ireland.
15. An Act for further regulating the Payment of the Out-Pensioners of Greenwich and Chelsea Hospitals.
16. An Act to empower the Court of Queen's Bench to order certain Offenders to be tried at the Central Criminal Court.
17. An Act to authorise for a further Period the Advance of Money out of the Consolidated Fund for carrying on Public Works and Fisheries and for the Employment of th Poor.
18. An Act to authorise for a further Period the Application of Money for the Purposes of Loans for carrying on Public Works in Ireland. 19. An Act for raising the Sum of Twenty-one million one hundred and eighty-two thousand seven hundred Pounds by Exchequer Bills for the Service of the Year One thousand eight hundred and fifty-six.
20. An Act to continue certain Compositions payable to Bankers who have ceased to issue Bank Notes.
21. An Act for raising the further Sum of Five Millions by way of Annuities.
22. An Act to amend the Laws relating to the Duties on Fire Insurances.
23. An Act for granting certain additional Powers and Authorities to the Canada Company. 24. An Act for enabling the Commissioners of Public Works in Ireland to acquire certain Lands for the Site of a Prison for the Reception of Juvenile Convicts.
25. An Act to amend the Law relating to Drafts on Bankers.
26. An Act to confirm Provisional Orders of the
General Board of Health applying the Public Health Act, 1848, to the Districts of Waterloo with Seaforth, West Ham, Sowerby Bridge, and Moss-side; for Alteration of the Boundaries of the Districts of Rusholme and Bishop Auckland; and for other Purposes.
27. An Act to amend the Acts relating to Pawnbrokers.
28. An Act to make further Provision for rendering Reformatory and Industrial Schools in Scotland more available for the Benefit of Vagrant Children.
29. An Act to extend the Powers of the Trustees and Director of the National Gallery, and to
authorise the Sale of Works of Art belonging to the Public.
30. An Act to settle an Annuity on Sir Fenwick Williams, in consideration of his eminent Services.
31. An Act to amend the Act of the Seventeenth and Eighteenth Years of Her Majesty, concerning the University of Oxford and the College of Saint Mary Winchester.
32. An Act to amend the Whichwood Disafforesting Act, 1853.
33. An Act to continue the Act for extending for a limited Time the Provision for Abatement of Income Tax in respect of Insurance on Lives. 34. An Act to grant Allowances of Excise Duty on Malt in Stock; to alter and regulate certain Drawbacks and Allowances in respect of Malt Duty; to repeal and re-impose the Excise Duty on Sugar used in Brewing Beer; and to amend the Law relating to Malt Roasters. 35. An Act to authorise the West India Relief Commissioners to grant further time for the Repayment of Monies advanced by them in certain Cases.
36. An Act for the better Preservation of the Peace in Ireland.
37. An Act to Amend the Act for transferring to Counties in Ireland certain Works constructed wholly or in part with the Public Money. 38. An Act for the further Amendment of the Laws relating to Labour in Factories.
39. An Act to carry into effect a Convention respecting a Loan by Her Majesty to the King of Sardinia.
40. An Act to Amend an Act of the Seventeenth and Eighteenth Years of Her present Majesty relating to Industrial and Provident Societies. 41. An Act to make further Provision for the Establishment of Savings Banks for Seamen.
42. An Act to continue the Act for the Exemption of Stock in Trade from Rating.
43. An Act to authorise Issues out of the Consolidated Fund for the Redemption of certain Annuities charged on Branches of the gross Revenue.
44. An Act for raising the Sum of Four Millions by Exchequer Bills and Exchequer Bonds, for the Service of the Year One thousand eight hundred and fifty-six.
45. An Act for confirming a Scheme of the Charity Commissioners for Saint Mary Magdalen Hospital, near Bath.
46. An Act to exempt Imprisonments under the Act 5 Geo. 4, c. 96, from the Operation of the Act abolishing in Scotland Imprisonment for Civil Debts of small Amount.
47. An Act for the Incorporation and Regulation of Joint Stock Companies and other Associations. 48. An Act for Amending the Procedure before Magistrates and Justices of Peace in Scotland. 49. An Act to continue certain Turnpike Acts in Great Britain.
50. An Act to enable Parishioners and others, form
ing a numerous Class, to sell Advowsons held by or in trust for them, and to apply the Proceeds in providing Parsonage Houses, augmenting small Livings, and to other beneficial Purposes; and for giving other Powers to such
51. An Act to permit the Use of Rice in the Distillation of Spirits
52. An Act to suspend the making of Lists and the Ballots for the Militia of the United Kingdom. 53. An Act for confirming a Scheme of the Charity Commissioners for the Endowed School at Moulton in the County of Lincoln.
54. An Act to facilitate the Despatch of Business before Grand Juries in England and Wales. 55. An Act for transferring the Powers of the Church Building Commissioners to the Ecclesiastical Commissioners for England.
56. An Act to constitute the Court of Session the Court of Exchequer in Scotland, and to regulate Procedure in Matters connected with the Exchequer.
57. An Act to abolish the Jurisdiction of the Court of the Liberties and Manor of Saint Sepulchre in and near Dublin, and for the future Regulation of certain Markets of the said Manor.
58. An Act to amend the Law for the Registration of Persons entitled to vote in the Election of Members to serve in Parliament for Burghs in Scotland.
59. An Act to alter the Mode of providing for certain Expenses now charged upon certain Parts of the Public Revenue.
60. An Act to amend the Laws of Scotland affecting Trade and Commerce.
61. An Act to continue an Act for the Survey of Great Britain, Berwick-upon-Tweed, and the Isle of Man.
62. An Act to provide for the Maintenance of Navigation made in connexion with Drainage, and to make further Provision in relation to Works of Drainage in Ireland.
63. An Act to amend the Acts relating to Grand Juries in Ireland.
64. An Act to repeal certain Statutes which are not
65. An Act to encourage the providing of improved Dwellings for the labouring classes in Ireland. 66. An Act to extinguish certain Rights of Way and to stop up certain Roads and Paths near the Camp at Aldershot.
67. An Act to extend the Period for applying for a Sale under the Acts for facilitating the Sale and Transfer of Incumbered Estates in Ireland, and to amend the said Acts.
68. An Act to further amend the Laws relating to Prisons in Ireland.
69. An Act to render more effectual the Police in Counties and Boroughs in England and Wales. 70. An Act to render valid certain Marriages in the Church at Coatham in the Parish of Kirk Leatham in the County of York.
71. An Act to continue certain Acts for regulating Turnpike Roads in Ireland.
72. An Act to continue "The Railways Act (Ireland), 1851."
73. An Act to indemnify such Persons in the United
Kingdom as have omitted to qualify themselves for Offices and Employments, and to extend the Time limited for those Purposes respectively. 74. An Act to continue the Act to facilitate the Management and Improvement of Episcopal and Capitular Estates in England.
75. An Act for the further Alteration and Amendment of the Laws and Duties of Customs. 76. An Act to continue for a limited time the exemption of certain Charities from the Operation of the Charitable Trusts Acts.
77. An Act to amend the Law and Practice of the Court of Chancery in Ireland in relation to the