Page images
[ocr errors]


[ocr errors]

Birning ham.

fields, Middlesex.


CREDITORS UNDER 22 & 23 VICT, c. 35.

THE BENCH AND THE BAR. W. became the purchaser. He, afterwards, upon ANDREWS (George), Watfield, Suffolk, farmer. March

investigating the title, objected to complete his 25; Hayward and Sons, solicitors, Verdham-market. ATWOOD Join C., i, impasse Moulin Joli, Belleville, Paris.


purchase, upon the ground that L. might marry March 19; Sinn.on and Cullingford, solicitors, 5, Grace

again, and that if her second or any subsequent church-ftree.E.C.

LINCOLN'S INN.- Alfred Barratt, Esq., B.A., husband survived her, he would, under the will of BAYLIS Win 1 Bilston, Stafis, collier arent and hock: Oxford (Eldon scholar): Charles George Danford, the testator, be entitled to the property put up for keeper March 9; J. Riley, solicitor, 7, Queell-streci, Esq., B.A., Cambridge ; Bertram Savile Ozle, Esq., sale. Thereupon, a bill for specific performance

PISCINE Cons The Times, Skavington - cum - Grestby, B.A., Oxford ; Samuel Winter Cooke, Esq., B.A.,

was filed against W., and he demurred to the bill
Wybunbury, Chester, gentleman. Feb. 16, Bellyse and Cambridge ; Frank Challice Constable, Esq., B.A., for want of equity: Held, that, upon the true con-
Son, solicit. Van rich.
BisELO HORT. Ross. Hereford, corn factor. March 2: Cambridge ; George Holmes Blakesley, Esq., M.A., struction of the testator's will, the property given
SR Darias, solicitor, Ross.
Fellow of King's College, Cambridge; Jacob

to the trustees upon trust for L. and her husband, Eratos Cham, E34, Y.P... Fox Warren. Cobhan, Surrey Edward Harvey, Esq., B.A., Cambridge ; Henry vested in the first busband whom she married,

March !1: Dates and Sons, solicitors, 9, Augel court,
Throsmorton-street, E.C.

Staffurth, Esq., LL.B., Cambridge; Thomas Allen subject to her life estate, and that this vested CAMPBELL Lieut-Gen. John, Lipaon-terrace, Plymouth, Hulme, Esq., B.A., Dublin ; Herbert Edward remainder passed under the husband's will to L.:

Deron. April; Rooker and Co., solicitors, Plym.nih. CANTOR Israeli, 27, Rasan-street, Whitechanel, Mid lesox,

Hull, B.A., Oxford ; Charles Lane Sayer, Esq., Held, therefore (reversing the decision of Wickens, svonce m'tchant. March 23; 'F. W. Hilbers, solicitor, Trinity Hall, Cambridge; John Silvester, jun., V.C., 24 L. T. Rep. N. S. 574), that the title was 32. Crutched Friars. Loudon.

Esg., B.A., Oxford ; Frank Lockwood, Esq., B.A., one which the court would compel the purchaser CARTE (Richarl), Furnival's-inn, Holborn, E.C.. gentleman, Feb. 29: Brooks and Co., solicitors, 7. Godlimal-street, nand Mauger Whiteford, Esq.; Philip Henry in the above gift over meant " without ever having Cambridge; Somers Reginald Lewis, Esq., Ferdi.

to accept : Held, also, that the word “unmarried" Doctor's COOKE Isane, Moulton Anstendyke, Moulton, Lincoln, Lawrence, Esq.; Andrew Laidlay, Esq., M.A. and been married :” (Radford v. Willis, 25 L. T. Rep. farmer any reazirr. Varch 31; Caparn and Willders, B.C.L., Oxford; Samuel Lee, Esq., M.A., Cam. N. S. 720. L.JJ.) solicitors, Holbeach. Dawes (Chna. R.) Exq., Chippenkam. March 1; H. Dyne, bridge ; Charles Edward Heley Chadwyck Healey, solicitor, BrutonSomerset.

WILL-DEVISE OF REALTY AND PERSONALTY Diesen Chas Ex1,3 Bridec-rond, Hammersmith, Mia. Esq.; Edmund Richard Gayer, Esq., B.A., Dublin allesex. Varch 16; J. S. Ward, solicitor, 32, Lincoln's inn- Walter Bishop Kingsford M.A., Oxford ; William


OF TRUST.-A testator gave, devised, and be. Henry Bullock, Esq., B.A., Oxford; Arrakiel queathed all his stock-in-trade, household furni. DREW John P.), ,

gomery March 6 : Woosnam and Talbot, sUlicitors, Beto Peter Gasper..Esq.; and Thomas Watt Smyth, ture, plate, linen, china, books, ' moneys standing town, Montgomery.

Esq., M.A., of the Queen's University in Ireland in his name in the funds, book debts, securities DRIVER (Marv A.), 4, Highbury-park, Highbury, Middlesex. (Bengal Civil Service). April 8; Rixon and Son, solicitors, 52, Gracechurch. street, E.C.

MIDDLE TEMPLE. — Hiram Shaw Wilkinson,

for money, policies of insurance, and all sums of DEGMODE TOESSapfoham. Norfolk. March 1: H Esq., B.A., Queen's University, Ireland, holder of money that might be received or recovered thereHanseli, solicitor, in the Precincts of the Cathedral, Nor- the studentship awarded by the Council of Legal which he should be possessed, entitled to or in.

under, and all other the estate and effects of EARITH (Henry!, 21, Boundary-road, Ft. John's-wood, Mid. Education, Michaelmas. Term. 1871; James Dyer terested in, at the time of his decease, and of

dlesex, gentleman. March 1: Boulton and Sons, solicitors, Tremlett, Esq., M.A., Sidney Sussex College, Cam.
214. Northampton-square, Clerkenwell, E.C.
(Jno.), Moseley, Worcester, factor. March 1;

bridge, holder of a certificate of honour awarded whatever nature or kind, or whosoever the game Saunders annd Bradbury, solicitors. 11, Cherry-street by the Council of Legal Education, Trinity Term, might be, unto H. L. and R. H., their heirs, execuEwixas Wm.) Esq., 29, Russell-aquare, W.C. April 1; College, Oxford; Allen Campbell

, Esq., B.A., which were held applicable only to personalty : 1871; James Simpson Carson, Esq., of Worcester tors, and administrators, according to the nature

and quality thereof respectively, upon trusts Ford and Lloyd, solicitors, 4, Bloomsbury-square, W.C. FAULKNER David), Nechells-park-road. Biriningham, un

Exeter College, Oxford ; Arthur Greville Dowler, Held, that certain freehold and copyhold property barrel maker. March 1, Saunders and Bradbury, solici- Esq. ; Arthur Entwisle, Esq., M.A., Balliol Col- of which the testator became possessed subsequent tors, 11, Cherry-, FECREY Jr.o. F. Te Church-road, basbaston, nor Bir: lege, Oxford; Richard Fletcher Wilme, Esq,; to the date of his will, passed to the trustees, but

inin ham, newspaper proprietor. March 1; Sannders and Bernard Charles Molloy, Esq:; Frank Safford, with a resulting trust in favour of the the heir-atBradbury, solicitors, 41, Cherry.street, Birmingham. Esq.; John Henry Boome, Esq.; George Peter law and customary heir of the testator : (Longley Fish Jas.), Stoxumber, Souerset, and Water - street, St.

Paul's, Bristol, multster. Malchi s; Parnell and sale,isti: Martin, Esq:; Georgo Henry Wavell, Esq. :
citors, .
Fraseis Wm.); 10, Redman's-row: Mile-end, Middlesey: College, Cambridge; and Pierre Ludovic François tator by his will bequeathed to each of the per;
Thomas William Carmalt Jones, B.A., Emmanuel v. Longley, 25 L. T. Rep. N. S. 736. M. R.)

March 21; F. T. Donne, solicitor, 1, Princes-street, Spital. | Clement Langlois Esq.
GILBERT (Francis, Park-rottage, Camhorne, Cornwall, mine INNER TEMPLE. - Philip Colley, Esq., B.A,

sons thereinafter named, including a married agent. March 1; F. V. Budse, solicitor,' Princes-street, London ; Herbert Alexander Wix, 'Esq., "LL.B.; niece, for his or her own absolute use, 10.0001., HAIMES (Selina), Edgerton.street, Sheffield. Feb. 20; W. Cantab. ; Thomas Holme Cardwell, Esq., B.A.) except as hereinafter limited." After bequeathJ. Clegg, solicitor, 7, Bank.street, Sheffield.

Oxford ; Charles John Howe, Esq., B.A., Cam: ing certain annuities to three ladies, the testator Kabinet therwise Windsor Caroline Reading: March 11; bridge ;' Reginald Godfrey Marsden, Esq., B A., directed that the legacies to his nieces were to be

and Co., solicitors. HARIREATES Rev. Jan West Tilburg, Issex, clerk, March Oxford; bowen May, Esq., jun., M.A., S.C.L., with the annuities, were to be in trust for their

invested, and the interest therefrom, together 23; Field and Co., solicitors, 36, Lincolu's-inn-tields, W.C. Oxford, Charles Frederic Davison, Esq., B.A., HEATHER AWDis London, E.Calaber, March 1; Cambridge ; John Edmund Linklater, Esq., B.A.; separate use, and in case any one of the three an: Wm. , solicitor, :. Casilo-street, Holborn, E.C. HW.CHE. loot Acton, Middlesex: March 25; S.C.L., Oxford ; Arthur Frederick Jeffreys, Esq., puitants, or either of his nieces, should become

Oliver, solicitor, 61, Lincoln's-inn-, HONE:GOLDNEY (Rer Georze, formeriş George Goidney, B.A., Oxford; William Charles Gayner, Es, bankrupt or insolvent, or sell, mortgage, or disNorth Bank, and Const-garden. Tuubraxe Welle Kuo: M.A., Oxford: William Henry Thompson, Esn: pose of the annual sum or interest bequeathed to inherkennen; Bloxam and Co., sul citors, 1. Lincoln's: M.A., Cambridge: Charles Norman Bazalzette, her, then tho same should cease and become part

-fields. W.C. Hvours Wm., Esq., 145, Albany-street, Regent's-park: Esq., B.A., Oxford ; George Rodie Thompson, of his residuary estate as thongh she were dead, Nw. Feb. 20 Lanibert and Co., solicitors, 8, John-street, Esq., B.A., Cambridge; Walter Bradford Wood except

in respect of his married niece, whose leBedford-row,

gate, Esq., M.A., Oxford; Francis Adams Hyett, gacy was to go to her children according to her ITEM. Drono solicitMontaguer genres. Noderemo u Feb: Esq., B.A., Cambridge ; Hungerford Tudor Bod appointment, and in default to them eqnally.

T. H. , , , John-, Bedford-, W.C. LAYTON (Hannah), Headingley, Leeds. May 1; C. Tem- dam, Esq; ; Clement Ireby Fisher, Esq. ; Robert Upon the death of the married niece it was held, pest, solicitor, 10, Albion-street, Leeds,

Morris, Esq., M.A., Cambridge; John' Winter that she took the legacy for her life only, with Lorelle San Jewry street, Winchester, March 25; Lec botham Batten, Esq. ; Tindal Arthur Pearson, remainder to her children as she should appoint,

and Best, solicitors, MARSHALL (Wm... Solway-view, Whitcharen, Cumberland, Esq., B.A., Cambridgo ; Henry John Pattison, and in default to them equally, and that therefore officer in H.M.'s Custom-house, Whitehaven.

her husband ought not, in respect of it, to take March l;

Esq.; and Thomas Robert Stokoe, Esq. Lamb and Howson, solicitors, Wnitehaven.

GRAY'S-INN.-Edward Henry Hunt.

out administration to her. Where the Crown, MARSTER (Everetta C.), Street, near Ludlow. March 5;

being interested in respect of administration duty, L. L. Clark, solicitor, Ludlow. MOODY (Christopher), Cock Mill Farm, Pilton, Somerset,

consented to appear, the court decided the ques. gentleman. March 1; H. Dyne, solicitor, Bruton, Somer

tion between the Crown and subject on petition : REAL PROPERTY AND

(Re Ware's Trusts, 25 L. T. Rep. 737. V.C. B.) OLLIFF (Samuel W.), the Star and Garter, 79, Caledonian. road, Middlesex, licenset! viciuller. Marchl; J. Inder

CONVEYANCING. maur, solicitor, i, Devonshire-terrace, High-street, Mary. PAYNE Geo. A.), Esq., East End-house, Fairford, Gloucester.


March 9; Mullings and Co., solicitors, Cirencester.
PICKERING (Eleanor), Grent Bookham, Surrey. March 1;

Deane and Co., solicitors, 11, South-square, Gray's-inn,

UNMARRIED WOMAN.-A testator devised and be.
PlOWDEX (Col. Jas. C.), New Park-honse, Chale, Isle of

SCRIP CERTIFICATES-SHAREHOLDER-RECTI. Winne. Feb. 2); Blike and Snow, solicitors, w, College queathed certain freehold, leasehold, and personal FICATION OF REGISTERS.-Suit for the purpose of hill, Cannon-street, E.C.

property, and the rents, issues, and profits thereof having the plaintiff's namo removed from the ROBE. Z Wm. , Liburnam-cottnze. E', Brompton, to trustees upon trust to pay to or permit bis register of shareholders of the defendant com. Middlesex, commercial traveller. Feb. 9; Brooks aud Co., solicitors, 7, Guctiman's-streut, Doctor's-commons.

daughters, A. and L., to receive in equal shares pany. The prospectus of a railway company; SAVORY Jno.), Esq., 92, Sussex-place. Regent's park, xw., for their respective lives, for their separate use, issued after its incorporation, stated the capital

and 29. Chapel-street, Belgrave-xuare, Middlesex. 'March and after their respective deaths upon trust to to be 255,0001., in 5100 provisional scrip certifi23; Elackinure and Son, solicit r., A restoru. SMITH (Adam), 17, Gracechurch-street, E.C., merchant.

convey and assure, assign, pay, and transfer the cates to hearer of 501. cach, 11. to be paid on apMarch 1; Hillyer and Co., solicitors, 12, Fenchurch-street, whole thereof unto and equally between the re- plication and 11. on allotment; and that on regisSTEPHENS 'Robert), 13, The Paragon, Bath, gentleman. spective husbands of them, his said daughters, tration of the scrip, of which dne notice rould be Jierch I; Henderson and Salmou, solicitors, 34, broad.

to hold to the n respectively, and their respective given, the certificates for 501. would be divided street, Bristol

heirs, executors, administrators, assigns, accord into five shares of 101. each. The Act by which TAYLOR ; ), lodge. Berks. March ing to natures and Creathe , solicitr, 15, Featherstone-buildings, 1901 spectively: Provided selvays that if either of his share should be issued

by the company, or should

the company was incorporated enacted that no born, W.C. THOMA3 vulia), Crow.brook, Forest-hill. Surrer. Feb. 29 ; said daughters should happen to depart this life vest in the person Bike and Suuw, evlicitus, '24, College-lili, Cannou-zircec, unmarried, then and in such case the share of less than 20 per cent. on the nominal amount

ting the same, until not TYAS (Wm. T.), Lower Edmonton, Mild!azer, gentleman. such daughter, in and to his aforesaid trust estate thereof should have been paid thereon. The plainMarch 1: P. Purvis, solicitur. Winel noresti, riddlesex. shonld accrue and belong to the survivor of tiff applied for and obtained a number of scrip

Elizabeta Forwar:brough, odihan, Hauts. them, his said daughters, and be taken and en certificates, on the nominal value of which he paid March; Larubond Brooks, slicitors, Odwam, Hants. WRIGHT Thor., Bierly-hill, Starioritive, and 139. Pwnalle joyed by her for her life in like inanner as was rout, Dalston, Middieses Feb.28; F. 1. Sınithi, solicitor, therein before directed with respect to her original company to register his certificates, but the direc:

up only 10 per cent. He never applied to the 70, kwy Williani-street, E.C.

shar, and on her decease the whole should de- tors registered them against his will, and put his

volve to, and should be conveyed and assured, name on the list of shareholders in respect of a Epps's ChocoLATE.-"Nous n'avons en France qu'une assigned, and transferred to the husband of corresponding number of shares. Held (affirming

:: seule urine où la préparation du Cacao emploie un

his said surviving daughter, was therein. the decision of the Master of the Roils, and fol. matériel et un personuel aussi considerables que ceux before directed with respect to her original share. lowing Erstace v. The Dublin Trunk Connecting que nous avons vus daus l'usine de Messieurs Epps After the testator's death, L. married, and her Railway Company (18 L. T. Rep. N. S. 679; L. C'est une véritable curiosite dans son geure que cette husband died in her lifetime, having by his will Rep. 6 Eq. 182), that the directors could not turn immen se fabrique."-Lu Situation tbe Imperialisti (rgan). The wraj per of each cake of Chocolate is given to her all his interest under the testator's

the plaintiff' from a scripholder into a shareholder Ja eiled “JAVIES Erps & Co., Hom@opathic Chemis's, will. Subsequently, a portion of the freehold pro- without his application and against his will, and lonilon." Also, kers of Epps's Milky Chocolate perty devised by the testator on trust for L. and that he was, therefore, entitled to have his name (Chocolate and Condensed Milkj.

her liusband, was put up for sale, and at the sale removed from the register of shareholders: (wchle


lebone, W.




[ocr errors]




[ocr errors]

waith v. The Dublin Trunk Railway Company, | himself, by neglecting to take security for costs, it might do, and Hanson, when he found it, might 25 L T. Rep. N. S. 776. Ld. Chan.)

under the list section of its rules, from Booth, who lawfully kill, keep, or dispose of it. Thus at COMMONABLE RIGHTS -- COMPENSATION. - resided within its jurisdiction. The plaintiff now large on his land, without any known or visible Where the promoters of an undertaking acquire by sought to atone for his own negligence by resort. owner, it was as much vermin as a weasel or pole. in conveyance from the lord of the manor, the right ing to the process of another court, and so bringing cat; and in giving to the defendant, it became as the soil of any lands subject to any rights of com. action upon action, and needlessly increasing the much his property, while in his possession and mon, but no etfectual meeting is held for the costs against the defendant. If he had properly kept and fed by him, as it was the property of the appointment of a committee by the commoners, availed himself of the remedies given him by the plaintiff while in his possession and kept and fed to agree with the promoters as to the amount of | Pentice Court, and they had proved defective, it by him.

Judgment for the defendant. compensation for the extinguishment of their might have been different, as in the case of a commonable rights; it is the duty of the promoters, / foreign court whose judgment it was sought to and not of the commoners, to take the initiative in enforce in England ; but he had not done so. If

COLNE COUNTY COURT. getting a surveyor appointed by justices, to deter- an action would not lie on the judgment of a mine the amount of compensation. Where the County Court in a Superior Court, it seemed

(Before W. T. S. DANIEL, Q.C., Judge.) promoters tail to do so, and enter upon the land anomalous if the opposito rule should be good;

Thursday, Jan. 18. without payment or deposit of compensation to besides it was extremely doubtful whether the

LORD 0. HAIGH AND ANOTHER. the commoners, whose rights of common are dis. I costs alone, as severed from the judgment, would | Promissory note-Agreement-Stamp--Leeds v. tarbed by the promoters, any such commoner may be a good cause of action. That was emphatically Lancashire (2 Camp. 205), Cholmely v. Darby (14 maintain an action against the promoters for the denied in Emerson v. Lashley, where it was said A1. & W.311), applieil. injury thereby sustained : (Stoneham v. The that "in actions brought in the Superior Courts, Francis Hartley, Burnley, for plaintiff. London, &c., South Coast Railway, 25 L. T. Rop. the costs became a duty only by being united with Nowell, Burnley, for defendants. N. S. 733. Q. B.)

the judgment; but as to the conduct of the inter. This action was by payee against four persons as locutory proceedings, they are fit to be regulated makers of a joint and several promissory note for by the authority of the court where they arise.” 521. and interest at 5 per cent., payable on demand.

His HONOUR said the point was rather a nice The sum songht to be recovered was 121. 8s. 7d. MERCANTILE LAW. one, and he would reserve it.

The plaintiff was the treasuror of a loan society ; To the further claim of the plaintiff, on the two of the payees were principals, and two were NOTES OF NEW DECISIONS.

I O U, the partnership was alleged as a defence. sureties, though on the face of the note all appeared

His HONOUR said he was inclined to think that PRINCIPAL AND AGENT-UNDISCLOSED Pern

to be principals. The note was for payment of CIPAL-CONTRACT BY TELEGRAM-STATUTE OF formal verdict for the plaintiff on both points, principal be repaid. The money had been lent

was a private transaction, but he would enter a the 527. and interest on demand, or antil the whole Frauds. -Plaintiff having entered into a contract with stay of execution until he had delivered on the terms of repayment being made by certain with one C., the brother of the defendant, for the sale of some hay, brought an action againt defenjudgment.

monthly instalments, extending over a period of dant for not accepting. The judge at the trial

forty-eight months from the date of the note, admitted letters and telegrams signed by C. as


with a penalty or fine, a farthing per pound for eridence against the defendant, and the jury found

Wednesday, Jan. 21.

each monthly payment that was not duly paid for the plaintiff : Held, that there was sufficient

made. These terms were contained in certain rules

(Before W. T. S. DANIEL, Q C., Judge.) evidence of the authority, and that the two tele

of the loan society. It was not a registered

HANCOCK V. GOWPETER. grams, of which one was signed in C.'s name, and

society, but it was by the application of these in the other the name of defendant was not men- Animals sero naturo-Trover-Base or qualified rules to the note that the amount sought to be tioned as buyer, together constituted a sufficient property-Trover for a ferret will not lie if pos. recovered was ascertained. memorandum of the contract to satisfy the Statute session be lost and abandoned.

Nowell, on behalf of the sureties, objocted, first, of Frauds, on the ground that defendant might be

Deane for plaintiff.

that the agreement proposed to be proved raised treated as the undisclosed principal of C., who

Balducin for defendant.

the contract arising on the note, which was to pay appeared on the telegrams to be liable as prin. Tuis action was in trover for a ferret belonging on demand ; whereas, according to that agree. cipal : (l/cBlain v. Cross, 25 L. T. Rep. N. S. 804.

to the plaintiff, in the possession of the defendant. ment, the princinal money was not recoverable so C. P.)

The facts vere these: On the 23rd April 1871 long as the monthly instalments were paid, and in AUCTIONEERS' IMPLIED AUTHORITY-CLAIM (Sunday), the plaintiff was the owner of a ferr::t, ctroct time was therefore given to the principal in OF LANDLORD PASSING PŁOPERTY ON

and he and three companions were in certiin violation of the contract for which the sureties SALE.-Two partners authorised an auctioneer to inclosed grounds, and used the ferret for the pur- were bound. sell the effects of the partnership, and to hold the pose of catching rats, as they alleged, rats being Hartley, in answer, stated he should prove that proceeds as stakeholder until they should join in

article in considerable demand in Man. the euroties were aware of the terms on which the directing him as to the disposition thereor. The chester, and Liverpool for sporting, purposes

. Poney was lent, and that the terms of the note, sale took place under conditions, one of which was,

When they were so nsing the ferret it was put until the whole principal sum be repaid, had re" Each and all lots shall be taken to be delivered into a holo in a bank, und they could not got ference to the rules and the effect of them. at the fall of the hammer, ifter which time they it back, and at length left it.

A few days It was then objected on behalf of the sureties shall remain, and be at the exclusive risk of thio fterwards a ferret was found at liberty stray. that without admitting the fact that they knew of parchuser, and the auctioneer shall not be called ink about in lands in the occupation of one the terms of the loan, the action must be conupon for con.pensation for any injury or loss sus.

lianson, at a conside abia distance froin the place sidered as having been brought on the note and tained after that time.” When the sale was over,

where the plaintiff had lost his ferret. Hanson the rules together, and that the rules, as embodying but before the lots had been all removed, the land took possession of the ferret. There was no mark an agreement, could not be received unless they loru demanded rent from the auctioneer, who

of ownership upon it, and he did not know, nor were stamped as an agreement; and

promised to pay it out of the proceeds of the sale, in had any reason to suppose it belonged to the His Honour, after considering the cas., held, order to avert the distress which the landlord plaintiff. The defendant was the gamekeeper of on the authority of Leeds v. Lancashire (2 Camp. threatened. Held, in an action by the partner,

a person who had the right of sporting over the 205), and Cholmeley v. Darby (14 M. & W.334), who was entitled, according to the joint direction land in Hanson’s occupation, and it was his duty that the agreement was a necessary part of the of both of thein, to the whole proceeds, against to preserve the game and destroy vermin. Hanson plaintiff's case, and not being stamped the rules the stakebolder, that the property in the goods gave him the ferret, and he took and has kept it could not be received in evidence, and he must be sold had passed to the purchasers at the time of

ever since. On the 29th April, the plaintiff having nonsuited. the promise to pay the rent, and therefore the been informed that the defendant had in his pos. stakeholder was liable to the plaintiff for the session a ferret which had been found by Hanson,

DONCASTER COUNTY COURT. amount he had so promised: (Siceeting, app. v.

asked the defendant to show it to him, which he Tuner, resp. 25 L. T. Rep. V. S. 796. (Q. B.) did. The plaintiff identified it as the one he had

(Before J. C. HANNAY, Esq., Deputy Judge.) lost on the 23rd, and demanded it from the defen.

DUKE v. SENIOP. dant, and he refused to give it up, insisting that Friendly society-Registration of rules—New Hanson had a right to give it to him, whether it


had been the plaintiff's or not, of which he knew Bescoby, of Retford, applied for a new trial

nothing. Evidence was given as to the identity in the case of Duke v. Senior, heard at the last CHESTER COUNTY COURT. of the ferret which satisfied the court.

court, when judgment was given agninst Senior, (Before J. W. HARDEN, Esq., Judge.)

Bailwin, for defendant, insisted that a ferret, as president of the Union Sick Gift Society, held

being an animal ferre nature, could not be the sub. at Askern. HARRISON v. Booth.

ject of larceny (Riigs & Ry. C.C. 330.) Thero Palmer here interrupted Mr Bescoby, saying that This was an action of a somewhat singular cha- was no property in it, at all events after the pos. he objected to the application altogether, on the racter. At the Pentice Court held in April, Mr. sion was lost.

ground that immediately after the decision the Booth, who was then residing in Liverpool, sued Deane, for the plaintiff, insisted that ferrets, last court day the advocate then appearing for Mr. Matthew Harrison on an IO U for 151. odd, being saleable and articles of merchandise, were the defendunt applied for a new trial on the very but a verdiet was given for the defendant, one of objects of property, and trover would lie for them, ground that was going to be argued today (that the grounds of defenco being that there had been and that property was not lost by loss of posses: the rules of the society were not registered), that a partnership bet seen the two, in connection with sion if they could be identitied, and here the ferret his Honour refused the application, and that the Thich this I 0 U had been given. Mr. Harrison was identitied.

judge, having onco refused to grant a new trial, also pleaded a counter claim on another I O U of His HONOUR, referring to 2 Bl. Com. p. 392, he had no further power to entertain the case. 3. 10s. He now brought a suit in the County observed, that the property in animals, feræ Here a warm discussion took place between Court to recover the costs incurred in that action, naturæ, is of a base or qnalified nature. They Beacoby and Palmer, the former wishing to make abont 11!., and also the 31. 10s. in question. are no longer the property of a man than while they his application and the latter objecting.

Marshall, who instructed by Mr. Massey) are contined in his keeping or actual possession ; but His HONOUR at length said he should like to appeared for the defendant, contended that as to it at any time they regain their natural liberty his hear one gentleman at a time. the costs no action would lic in the County Court. property instantly ceases, unless they have animum Palmer said he had a right to oppose the apIt was perfectly true that as a general doctrine of revertendi, which is only to be known by their plication, but Bescoby replied that this must be at law, an action would lie in one court upon the usual custom of returning, as hawks or pigeons, the proper time. judginent of another court of competent jurisdic. or deer chased out of a park. But Blackstone Bescoby then made his application, quoting the tion ; but even this would not apply except with adds, “if these stray without my knowledge, and case of Smith v. Pryor, and contenuing that many restrictions and limitations. This an action do not return in the usual manner, it is then where the rules of a society have not been enwould not lie on a decree in equity (Carpenter v. lawful for any stranger to take them." Applying rolled (as in this case), and not certified, then, in Thornton), nor from an inferior to a superior com- the law thus laid down to this case, his Honour the meaning of the Act, it was not a friendly mon law tribunal (Emerson v. Lushley, 2 H. Bl.), said, I am vf opinion that when the plaintiff, on society at all, and his Honour had no jurisdiction. nor upon a Country Court jndgment (Borkeley vi the 23rd April, lost his ferret and abandoned all Palmer again opposed the application, quoting Elderkin, 1 E. & B.). The Pentice court had its parsnit of it, and left to go wherever and do what the case of the Great Northern Railway Company own machinery for carrying its judgments into exe. ever its wild nature would lead it, he lost all pro. v. Vossop (25 L. J.) in support of his argument. cution, bat of this the ; laiutiff had omitted to avail perty in it. He was not responsible for any injury His HONOUR said that the inistake had all arisen

[ocr errors]
[ocr errors][ocr errors]

from Mr. Shirley not being in court. Had he been through the accident of their being creditors above creditors of 101. in full made it invalid ; that the in court, he would have told him that the rules 101., and the resolutions of the separate creditors deed of assignment was unequal, and therefore had not been registered.

were not registered, through the accident of their invalid ; that the inspectorship deed provided for Palmer replied that Mr. Shirley would not know only being creditors under 101.

an assignment and for a release, that there was an anything about it. Mr. Shirley was not the regis.

His Honour expressed his regret that there assignment and a release, and that the debtors trar referred to in the Act; it was the register should be no easier mode of reconciling differences could set

up this assignment and release against under the Friendly Society's Act that was referred to. of opinion among the County Court judges upon

this claim; that there was no concealment of the His Honour said that had he have understood such a point as this than by an appeal; and as this money being overdrawn, and that the trustees ex. at the last court that the rules had not been en- hardly to be expected that anybody would be that, assuming that the suns were overdrawn,

question would only arise in small cases, it was pressly or by their conduct assented to it; and , have altered the . found to incur the inevitable cost. It was very

reasons, Peagam (who defended Senior at the last court) unpleasant to differ from any judge of co-ordinate make a deduction of certain sums mentioned. As said he took the same objection then that Mr. Bescoby was taking now, and after the decision authority, but in this case the plaintiff was bound to the first objection, he (the registrar) was of of the case he applied for a new trial on the very Serjt. Wheeler and to direct the resolution to be it was not necessary for the trustees to show that

to act in accordance with the view taken by Mr. opinion that, under the circumstances of the case, same grounds that Mr. Bescoby was applying now. registered ; ; particularly as this course was in ac.

the requisite majority in number and value had that he had no jurisdiction, and he should grant ford, in a case which occurred there shortly after he took it that as the Court of Chancery had a new trial. At the request of Mr. Palmer, he the Act came into operation. In that case the first decided the point he was precluded from saying made a note of his objection. Palmer then took another objection—that his creditors and one creditor under 101. They, by regard to the alleged inequality of the deed of

meeting was attended by three creditors, two large anything further with regard to it. Then with Honour having no jurisdiction in the case, could unanimous vote, passed a resolution accepting a

assignment, it was perfectly immaterial, because not grant any new trial.

The second the inspectors claimed not under the deed of After a deal of discussion, His Honour again composition of 10s. in the pound. decided to grant a new trial, and agreed to stay meeting, to confirm this resolution, was duly held assignment, but under the deed of inspectorship.

, and by an

As to the objection that the inspectorship deed execution, though, he added, “I may be wrong vote confirmed the vote of the foriner meeting, provided for an assignment and a release, and "

the same three creditors attending, the fourth how that the debtors did assign and get their release,

ever being a creditor under 101. On presenting these he thought a conclusive answer was furnished to BANKRUPTCY LAW.

resolution for registration, the registrar, looking that by one of the clauses which he had read. As

at the form which intiuenced Mr. Serjt. Tindal to the other objections, they obviously depended TREASURY NOTICE.

Atkinson, struck out the creditors under 101. from upon the merits of the case, which, after review. The following notice has been issued :

the computation of the number voting, leaving ing, he (the registrar) came to the conclusion that only the two creditors above 101.; who, as the meet.

the trustees were not aware that those moneys Treasury, Jan. 29, 1872. ing consisted of four, were not a majority within favour of the application of the trustees, and an

were overdrawn. On the whole case he was in Dear Sir,-Finding it to be a growing practice the letter of the rule and form, and thus the pre-order would be made to that effect, subject to a for the attorney of a debtor who petitions under sence of the fourth creditor, whose presence was sects. 125 & 126 of the Bankruptcy Act 1869, Rule unnecessary, and who came to support the resolu- reference to chambers with regard to two of the 252, to print or write his naine or the name of tion, would have the effect of defeating it. This items which John Ingham claimed he was entitled some other person, in the form of proxy attached was such a reductio ad absurdum, that to avoid

to deduct. to Form 109, I would suggest that such a practice defeating an arrangement which his Honour

Simpson applied for the costs of the motion, should be stopped, and that you should refuse to stated he was satisfied was beneficial and made which were granted. receive any notices under Rule 256, in which there uberrima file, he authorised the registration of the is any addition made to the form of proxy attached resolutions, making the unanimous vote of a duly to Form 109 in the Schedule of forms annexed to considered meeting as dispensing with the special

LEGAL NEWS. the Queen's, printer's copy of “ The Bankruptcy provisions as to majorities. His Honour however Rules 1870."-I am, dear Sir, yours truly,

added that, though the act was as applicable to HENRY NICOL. small estates as to large, the rules are not so

CHICF JUSTICE MONAHAX.- The Dublin Eren. The Registrar of the County Court

specifically applicable; and if the case was brought ing. Post states, that Chief Justice Monahan is
before the Chief Justice on appeal, his considera- seriously indisposed.
tion might be drawn to the expediency either of

Mr. JAMES STANSFELD, who for thirty years
some amendment, a better adaptation of the rules,

was Judge of the Halifax County Court, a position Thursday, Jan. 25.

or an authoritativo exposition of their meaning from which he retired only in September last, died (Before W. T. S. DANIEL, Q.C., Judge.) and effect, so as to avoid the inconveniences to

on Monday last. An obituary notice will appear Ex parte HaiGH AND SPENCER.

suitors and the Profession by there being one law next week.
at Bradford and another at Halifax, one law for

CALLS TO THE BAR.-The undermentioned gen. Bankruptcy-Liquidation by arrangement-Risgis. large estates, and another for small; but being tlemen were on Tuesday called to the Bar by the

tration of resolution by unanimous zote at meet both within the pale of legal protection by pro Hon Society of the Inner Temple, viz za Mr. Haber ing of creclitors under 101.-Conflicting decisions perly adapted rules.

sard Hume of the of Mr. Serjt. Wheeler and Mr. Serjt. Tindal

Court of Common Pleas; and Mr. William Henry Atkinson considered. The decision of Mr. Serjt.

Mason, B.A. Camb. Wheeler followed.


MR. SERJEANT O'Brien of the Midland Circuit Backhouse (Backhouse and Whittem, Burnley, solicitors) applied to his Honour to review the

Wednesday, Jan. 17, 1872.

has been appointed by the Home Secretary to the decision of the registrar, who had refused to (Before Mr. MARSHALL, Registrar, Delegate, &c.) Hon. G. C. Vernon. The learned gentleman nas

Recordership of Lincoln in the place of the lsie register two sets of resolutions affecting the sepa

Re INGHAM; Ex parte Clough.

called to the Bar by the Hon. Society of Lincola's. rate estates of the two debtors, on the ground Bankruptcy Act 1861, ss. 194, 197–Jurisdiction of inn in 1812, and raised to the rank of Serjeant-atthat they had not been passed by the requisite

the court.

law by Lord Westbury in 1862. statutory majority. The debtors, Haigh and The facts of this case are briefly stated in the re- SALE OF THE GROSVENOR MAXSIONS.— The Spencer, had carried on business in partnership port of the appeal by the trustees under the deeds large building known as the Grosvenor Mansions, together as builders, and, being in difficulties, of inspectorship and assignment to the Lords situate in Victoria-street Westminster, let out in they presented a joint petition for liquidation, and Justices, given in 25 L. T. Rep. N. S. 646.

suites of chambers, &c., producing a rental of filed lists of their joint and separate creditors. The matter, having been remitted back to the about 30001. per annum, was sold by auction by Mectings of the three classes of creditors were Leeds County Court, came on for re-hearing on Messrs. Chinnock, Galsworthy, and Chinnock, on duly held, and at each meeting resolutions were the 10th inst.

the 25th inst., and realised the sum of 49,5001. passed unanimously for winding-up by liquidation Simpson, solicitor, appearing for the trustees. JUDICIAL BREVITY.-In a claim which came and not in bankruptcy. At the meeting of the joint Bonit, solicitor for the debtors.

before the Lords Justices, on appeal from the creditors there were several creditors above 101., His HONOUP, in delivering judgment, stated :- Master of the Rolls, arising out of the winding-up and the resolutions of that meeting were regis. It appeared that the Messrs. lugham, being in of the National

Assurance and Investment Assotered. At each of the two meetings of the sepa- difficulties, executed a deed of inspectorship on ciation, James, L.J. delivered the following judg. rate creditors of the debtors more than three the 25th Aug. 1863, whereby it was provided that ment :- " Unless I am ordered to do so by the creditors attended, but all were creditors for less the business should be carried on by certain in- House of Lords, or some other competent tribunal, than 101., and the votes were unanimous. The spectors, Messrs. Ingham covenanting with re- I shall refuse to hear an appeal for the sum of registrar had before him the decision of Mr. Serjt. gard to the disposal of all

moneys arising from the 35s." Mellish, L.J., who said nothing, was underWheeler, at Liverpool (Re Franckel, reported in business to the benefit of the creditors, with the stood to concur in this judgment. the Law Times, 11th June 1870), and that of Mr. exception of certain sums therein named, including NEW QUEEN'S COUNSEL.—The following bar. Serjt. Tindal Atkinson (Re Hughes, Law Times, the payment to John and Henry Ingham of 401. risters have been raised to the dignity of Queen's 30th Dec. 1871), and finding those decisions ex• each per month. In pursuance of the terms of Counsel :-T. C. Renshaw, Leofric Temple, Charles pressly to conflict, declined to register, in order this deed, the business was carried on for about a W. Wood, Æneas McIntyre, William J. Borill, that the matter might be brought before the court. year and a half ; but shortly before the expiration S. B. Bristowe, M. P., John Day, J. B. Torr,

Backhouse relied on Re Franckel, and urged of this period it was discovered that the estate, Nathaniel Lindley, J. Napier Higgins, Thomas A. that, having regard to rule 93, if the meeting was which had paid 10s.

in the pound to the creditors, Fischer, James Kemplay, Theodore Aston, A. E. unanimous, the question of majorities, and how was inadequate to pay the remainder. Upon that, Miller, Charles Russell, Farrer Herschell, Esqrs. they should be cimposed, did not arise. To hold a meeting of creditors was held, and it was de Mr. Serjeant Sargood to have a patent of preceotherwise would make it impossiblo for a debtor cided to call for an assignment, for which pro. dence next after Š. Pope, Esq., Q.C. whose debts, though numerous, were under 101., to vision was made in the deed of inspectorship, and JURIES OF MATRONS.-Mr. Ernest Hart proeffect cither a fuir composition or a prudent liqui. that assignment was executed on the 14th March posed a resolution at a meeting of the Metro; dation.

1870. Shortly afterwards, it was discovered that politan Counties Branch of tho British Medical His Honour.-Tho Act has not prescribed any the Messrs. Ingham had drawn not only the 401. Association last night, having for its object tho minimum either of indebtedness or of estate, and per month to which they were entitled, but fur: discontinuance of the practice of empanneling au the rules don't provide specifically for the vote of ther sums, amounting in the case of John Ingham unskilled jury of matrons in certain cases. The the creditors being unanimous; they assume there to 2451. 125. Gd., and in the case of Henry Ingham motion was adopted. Dr. Gibbons, who secondid will be a difference of opinion among the creditors, to 1181. 11s. 81. Under those circumstances, the it, remarked that he felt the country was pos; and provide against the mischief pointed out by trustees asked the court for an order that the tively humiliated by the position in which it had Serjt. Tindal Atkinson of large creditors being out. Messrs. Ingham should pay back the sums so over- been placed by what occurred at the trial cf voted by small ones.

drawn. Mr. Bond, on behalf of the debtors, raised Christiana Edmunds. Backhouse urged the hardship of the case in several objections, viz., that the trustees had no A NEW POINT OF PRACTICE.–Vice-Chanceller the particular instance where there was unani- proof that the deed of inspectorship was assented Malins had before him on Wednesday an applica. mity among all classes of creditors, and the reso- to by the requisite majority in number and value ; ' tion by Mr. P. B. Abraham, in a suit by a creditor lutions of the joint creditors was registered that the clause providing for the payment to the for the administration of the estate of an intestate.


[ocr errors]


[ocr errors]



The heir-at-law was made a defendant, and was a junior, he was in very extensive Common Law it, but the will was only attested by two wit. duly served with a copy of the bill. Afterwards, practice, but, on obtaining a silk gown, he devoted nesses. Is this a good or defective execution of however, finding that he was not likely to realise himself almost exclusively to practice in the the power ; and why? anything out of the estate, he seems to have gone courts of equity, only going into Common Law 26. What powers of leasing, and for what terms to America. Mr. Abraham now applied for leave Courts upon special occasions. Perhaps the most of years would you give to tenants for life on a to dispense with service of notice of motion for brilliant example of Mr. Palles' advocacy is his settlement of real estate, supposing that, besides decreo, upon the ground that the heir had practi- argument in the cause celebre of Croker v. Croker farms, some of the property is in a mineral dis. cally disclaimed all interest in the estate. He before the Court of Chancery Appeal. Since the trict, and some of it near a large town? admitted that he had found no authority for such elevation of the present Lord Justice of Appeal to 27. On treaty for a proposed marriage, it is ar. 2 departure from the usual practice of the court, the bench, the Chancery Bar has not (in our ranged that the gentleman (who is not in trade or but the Vice-Chancellor, looking at the peculiar opinion) produced an abler lawyer or advocate mercantile business) shall settle £20,000, and the circumstances of the case, gave leave for the suit than Mr. Palles, and we have no doubt that he lady her fortune of £10,000, both being personal to proceed in the absence of the defendant. will fill any position which he may attain with estate. To whom should the first life interests in

SIR ROBERT COLLIER AND THE BAR. — A credit to himself and advantıge to the public.— each fund be given, according to the usual dinner was given on Saturday night to the Irish Law Times.

practice ? Right Hon. Sir Robert Collier, at Willis's

28. Does a power to trustees to invest trust Rooms, by his former colleagues of the

moneys on railway debentures, warrant an in. Common Law Bar. The chair taken

vestment on debenture stock ? by Sir J. D. Coleridge, M.P., Attorney-General,


29. A cestator by his will gives to his two exeand the following gentlemen were present: Sir

cutors a direction to dispose of his leasehold Travers Twiss, Queen's Advocate ; P. F. O'Malley, QUESTIONS FOR THE FINAL EXAMINA. property at the decease of his wife, who survives Q.C., Dr. Deane, Q.C., H. Manisty, Q.C., J. W.


both her husband and the executors, and the last Huddleston, Q.C., Serjt. Ballantine, Serjt. Parry, HILARY TERM, 1872.-FIRST Day.

surviving executor dies intestate. What must be Serjt. Simons, M.P., Henry James, Q.C., M.P.,

done to carry out the testator's direction ?
H. Giffard, Q.C., Sir G. Honyman, Q.C., Thomas
Chambers, Q.C., M.P., C. Milward,

Q.C., A. J.
Questions 1 to 5 inclusive.

30. A., the owner of a copyhold property in a

manor where the custom of borough English preStephens, Q.C., S. Prentice, Q.C., T. Webster, 1I. COMMON AND STATUTE LAW AND PRACTICE vails, contracts to sell it, and then dies, without Q.C. , G. Dowdeswell, Q.C., W. Field, Q.C., c.

having completed the sale, leaving several sons Pollock, Q.C., J. Gray, Q.C., J. J. Powell, Q.C.,

6. What are the several stages in an ordinary and a will, which, however, is inoperative as to J. B. Aspinall, Q.c., W. Forsyth, Q.C.,

Horace action at law, not involving anything special or real estate. What must be done to give a good Lloyd, Q.C., R. Garth, Q.C., Č. Butt, Q.C., W. unusual ?

title to the purchaser ? and would any expense Mundell, Q.C., S. Pope, Q.C., H. T. Cole, Q.C.,

7. What is an interpleader ?

caused by this fall upon him, or upon A.'s estate ? P. Edlin, Q.C., Serjt. O'Brien, Serjt. Cox, Serjt.

8. State the difference between a nonsuit and a and to whom should the purchase-money be paid, Robinson, č. Russell

, Q.C., Æ. M Intyre, Q.C., verdict for the defendant: S. B. Bristowe, Q.C., M.P., J. C. Mathew, Watkin

9. What is the meaning of the venue? and surrender to the purchaser?

and who would be proper parties to the ultimate Williams, M.P., A. Cohen, J. D. Archibald, J. explain the different kinds of venue.

31. What is the special provision indispensable Bridge, J. Sharpe, F. Philbrick, F. M. White,

10. For what period does a writ of summons in a well-drawn mortgage, where the mortgage W. Holl, C. Coleman, J. O. Griffits, H. Poland, remain in force, and what should be done to keep money is advanced by trustees, and why is it reW. Willis, E. C. Willoughby, J. D. Fletcher, it in force, if not served within the prescribed quired ? P. M-Mahon, M.P., F. Jeune, A. Collins, M. period ?

32. A client comes to you to carry into effect a Howard, Dr. Tristram, F. A. Inderwick, R. Searle,

11. Explain the difference between pleading and sale of an estate for 10,0001,, which he has arranged J. Edwards, F. s. Pritchard, C. Clark, Evelyn demurring to a declaration.

to sell to a neighbouring landowner. Describe Ashley, R. Bayford, H. Purcell, A. Bristowe,

12. What amounts must a plaintiff recover in concisely what will be the steps you will have to R. S. Wright, Walter Ballantine.

actions on contract and on tort respectively, to take, and those which will have to be taken by the The New LEGAL APPOINTMENTS IN IRELAND. entitle him to costs ?

purchaser's solicitor, assuming the sale to go on - The appointments consequent on the elevation of

13. What are actions of trover and detenue, regularly to completion. And who will have to the Attorney-General to the judicial

bench have respectively; and what alteration in the law as to pay the expenses of each solicitor ? And what pow. we believe, been completed. We have no the result of an action of detenue was made by would be the difference in this latter respect hesitation in asserting that they are all appoint- the Common Law Procedure Act 1854 ?

between a purchase and a mortgage ? ments which will meet with the entire approbation 14. What are the principal provisions of the

33. Is there any, and what, difference in the of the profession and the public. At one time Summary Procedure on Bills of Exchange Act ? form of the covenants for title usually given on a some apprehension was entertained that political

15. Which of the parties is primarily liable for sale and on a mortgage ? and Parliamentary claims might possibly outweigh the

payment of a bill of exchange ; and what step 34. On sale of a leasehold property, what are those of a purely professional character in deter should be taken on its dishonour to preserve the the usual provisions to protect the vendor against ming the choice of a Solicitor-Gentral, but these liability of any other party or parties?

inquiries as to the performance of his obligation fears have been completely dispelled by the

16. &xplain the extent of an infant's liability in under the lease, and also with reference to the announcement that the choice of the Government actions on contract, and actions on tort, respec. validity of that document ? has fallen upon Mr. Palles, Q.C. Barry, J. has tively.

35. Can a married woman dispose of a rever. been for a long time one of the foremost advocates

17. State what simple contracts are required by sionary interest in leasehold or personal property, and common law lawyers at the Irish Bar, and has law to be in writing, and whether so required by the and if so, how ? enjoyed a lurge share of practice, both in Dublin common law, or by virtue of any and what

and as one of the leaders of the Munster Circuit. statute.
He was called to the Bar in 1845, and appointed
18. Is oral evidence admissible to alter or ex.

Queen's Counsel in 1859. He was appointed third plain a written contract under any, and if any, Questions 36 to 40 inclusive.
Serjeant-at-Law in 1866, and represented Dungan. what circumstances ?
non in Parliament from 1865 to 1868. He was

19. Explain the respective rights and liabilities V. EQUITY AND PRACTICE appointed Solicitor-General in 1868, and succeeded of husband and wife with reference to debts due 41. How can a mortgagor be exonerated from a to the office of Attorney-General in 1870, on the to and from the wife before the coverture, as covenant to pay the mortgage money, otherwise eleration of Mr. Sullivan to the Mastership of the existing before, and since the operation of the than by payment or release? Rolls. Mr. Barry was a most popular member of Married Women's

Property Act 1870.

42. Does the purchaser of the equity of redemp. the legal profession, and his accession to the

20. A sole executor of A. B. dies intestate, and tion, without the concurrence of the mortgagee, Bench has been welcomed by the members of both letters of administration of his (the executor's) encounter any and

what risk, on the supposition branches of the profession, and by the public, estate are granted. Is anybody then competent that the principal and interest due on the mortirrespective of their political opinions. The At: to sue for debts due to A. B., and if not, what gage is correctly

stated by the vendor ? torney General's promotion has been well earned, step must be taken ? and would it be otherwise 43. Will a court of equity under any and what and is the legitimate result of success, professional if the deceased executor had left a will appointing circumstances decree specific performance for the and parliamentary. His position as a Nisi Prius an executor who had proved such will ?

sale of a goodwill ? advocate and common law lawyer has long been

44. If an owner of freeholds has only an equit. established ; and during the few years for which 21. What is the broad general distinction be able, and not the legal estate in them, and enters he has been a member of the Legislature he has tween estates

of freehold and estates for years, or

into a contract for sale, is he liable to a bill for attained a recognised position in the House of other subordinate interests in land ?

specific performance ? Commons. We can produce no better evidence of 22. An estate is limited to A. for life, with re.

45. If a freehold estate is devised, subject to this latter proposition than is supplied by the mainder to the heirs of the body of A. on the the payment of debts generally and legacies, following extract from an article in the Spectator

, body of Bo to be begotten, with remainder over to what, if any, liability attaches to the purchaser of Serjeant Dowse thoroughly deserves his promotion: then the proper legal description of A.'s interest? chase-money State you: reasons. an English organ of the highest character: "Mr. other persons. B. dies without issue. What is such estate to see to the application of the purThere is not a more steady or clever politician on An , partly copy.

46. If leaseholds are bequeathed subject to the list of Government officials. Hardly ever hold, is limited to an. For life, remainder to be. For legacies payable to adults, what, if any, liability absent from a division, astute as a law officer, in life, 'remainder to c. in tail. C. has attained attaches to a purchaser from the executor to see the highest degree humorous and commonsensical, but during his minority some land to the application of the purchase-money ? Stato 23 a general speaker, he is one of the thoroughly from the estate has been sold to a railway com. your reasons. cheerful occupants of the Treasury Bench, and pany, and the purchase-money paid into court

47. If a purchaser of frceholds has notice of an gives to its otherwise too lugubrious earnestness and invested in Three per Cents.c. now desires equitable claim, and sells to a person who has not narayof sunshine-nay, an air of stout enjoy. to disentail, so as to become absolute owner, notice, is the latter purchaser affected with the ment. the office of Solicitor General is one which has currence of any other, and what, person necessary ? The appointment of Mr. Palles, Q.c., to subject to the preceding life estates. Is the con: first purchaser's notice ?

48. What is the effect of a resale by a purchaser been made upon professional grounds, and is, And state, with the requisito detail, what has to of freeholds who has no notice of an equitable therefore, eminently worthy of approva!! What be done to effectuate C.'s object.

claim, to a person who has notice ? Can either ever opinion may be entertained as to the prior 24. Is there any, and what, difference in effect party enforce specific performance against the claims of the eminent member of the Common between a limitation of an estate to E. F. for life,

other? Law Bar whose

name was mentioned in con- with the remainder to the heirs of his body, and a 49. If a joint tenant devises or agrees to sell his hection with the proposed appointment, it must limitation to G. H. for life, with remainder to his share, will such devise or agreement prevail be admitted that Mr. Palles holds an unrivalled first and other sons successively and the heirs of against the surviving joint tenant in equity? position at the Chancery Bar. He has attained their respective bodies ?

50. Will an agreement by a femme covert for the this high position in an unprecedentedly short 25. In 1800 a power was limited so as to be exer- sale of her estate (not settled to her separate use), time, having been called to the Bar in 1852, and cisable by will, executed by the donee in the pre- with or without the concurrence of ber husband, appointed Queen's Counsel so recently as '1865. sence of, and 'attested by three or more credible be binding on her in equity ? Almost without an interval he sprang into the witnesses. This power became vested in A, who, 51. If A. die intestate, leaving a wife, mother, very highest position as a Chancery advocate. As by his will, dated in 1850, professed to exercise ' two grand-daughters by his eldest son deccased,





[ocr errors]
[ocr errors]

his youngest son and two daughters, on whom and 81. What is a dying declaration, and under what THE TENURE OF LAND IN IRELAND.-Under in what proportions will his real and personal circumstances is it admissible in evidence ? the abova heading you were kind enough to insert estate devolve?

85. What is the rule of law as to inferring a my former letter in the LAW TIMEs of the 20th 52. Is notice to the London agent of a solicitor guilty intention in parties accused ?

ult., and a reply thereto in your paper of the of an infant purchaser binding on the purchaser,

27th inst. from a subscriber. If "Subscriber" will if the purchase is made under a decree of the

kiudly take the case in hand in the way he menCourt of Chancery?

tions, and will write to Milez, care of Messrs. 53. What are the rights of a solicitor who has a CORRESPONDENCE OF THE Grindlay and Co., army agents, he will receive lion on a client's deeds and pavers, with reference

every information on the subject, and a handsome to the production as well as delivery of them up


douceur, indepen.dent of all law expenses. to his client ?

C. ALEXANDET. 54. If a witness who has been served with a

NOTE.-Tlis department of the Law TIMES being open to subpcoa, od testificunun, neglects to attend, free discussion on all professiowl topics, the Buitor is not ATTORNEYs' Cost of Duty. I was admitted what remedy have the parties to a suit?

responsible for any opinions or stateinenis couwined in it.

an attorney seven or eight years ago, but did not 55. Why are infants and married women

practice or take out iny certificate until November obliged to sue in equity in the naine of a next MR. HARINGTON.-In the biographical and last, when I commenced business on my own friend?

genealogical sketch of the newly · appointed account in the country, having in the mean time VI. BANKRUPTCY AND PRACTICE OF THE

County Court judge of the Northamptonshire been employed as a managing clerk. On stamping

Circuit, contained in last week's number of the my.certificate, the officials at Sornerset Hunse de 56. What is the remedy of an equitable mort, Harington is grandson of the late Sir John Ed the proper sum payable. On referring to the

Law TIMES, you mention that Mr. Richard manded 6, for duty, and insisted that such was gagee on the bankruptcy of the mortgagor ; and what is the difference in this respect between an cousin of the present barvnet of the same name, if the attorney has not been adınitter so long as

ward Harington, of Ridlington, Rutlandshire, and schedule to the last Stamp Act, you will find that equitable and legal mortgages ?

57. What are ibe provisions of the Bankruptcy to whoso, titlo ho is hair presumptive. You are three years, “or has not so long carriert on busi. Act 1869 as regards voluntary settlements ; and quite right in the pedigree, but the qnostion of

ness,' the duty is 31. only. Surely the latter are different classes of persons Jifferently affected the existence of any such bar netcy depends upon woris apply

to iny case; they were not contained by those provisions ?

the solution of a somewhat interesting point of in the schelule to the forner Act, and must have *59. What is the purport of the order and dis. law. As, unlike a claim to a pecrage, there is no been introduced in the present schedule for some position clauso in the Bankruptcy Act ; and what court possessing jurisdiction to investigate the purpose, but the view taken by the officinls would is the difference of its operation in the cases of right to a baronetry (no civil or political privi: anke them inoporatire. Can you or some of your traders and non-traders?

leyes attaching to that dignity), it is obvious that correspondents say whether the officials are cor59. Can a proof be made against a bankrupts any assertion of such a right must remain unde roet ; and if not what means could be taken estate for unliqnidated damages in any, and what ciled unless the claim to property likewise inci. (other than local proceedings) to obtain a return cases ? | dentally rests upon the same title. Hence there of the duty overpaid ?

A. B. 60. By what means can a person in insolvent are, at the present moment, several instancos of

Barrow-in-Furness, 25th Jan. 1872. circumstances obtain a discharge from his liabi. rival claimants to the same buronetey, who are lities?

assuming and insisting on their rights to the 61. State shortly the effect of the provisions of title. The caso of Horington of Killington is, BRIGHTCN COUNTY COURT AND DEBT COLthe Bankruptcy Act in regard to executions however, somewhat peculiar, but not altogether Lectoes.-My attention has been drawn to an under fieri faciis.

singular. Though not inserted in the Baronetage article which appeared in your impression of the 62. On the bankrnptcy of one member of a firm, Kimble’and Jolinson in 1771, but with this apology tioner in the County Court of Brighton, is severels of 1741, this family found its way into that by 20th inst, in which my character, as a practi

. what consequences ensue? How are the partnership assets and liabilities dealt with?

in the preface :-“ We have given place io the impngnel. 0:1 the day on which the discussim 63. What is the position of the lessor, on the Kidlington, in Rutlandshire, though, perhaps, im- fit to insert in your paperI was sabses to reme

pedigreo , arose which led to the remarks you have thought bankruptcy of the lessee?

64. What is stoppage in transitu? and when properly, ds that title is said long since to have Brighton, in consultation with counsel uus to the may it be resorted to ?

expired in an Act of attainder; but by others sup- course to be pursued in a case which for a long 65. What are the requisites to constitute a posed to be an illegal Act, and that the right to time previously had engaged my most anxious petitioning creditor's debt ? May it be a secured the title is still go d." But in a work, entitled attention. I allude to the detevce of Miss Elmunds. debt? May it be an equitable debt? Must it bei Wotton, 1727, the following passage appears :

“ The English Baronets," printed for Thomas I, therefore, had no opportunity of explaining me due ? and may it sound in damagos ?

conduct in co nection with the case which Mr. 66. What is a compulsory act of bankruptcy ?

"Neither was it thought proper to take notice Christian thought fit to bring before the notice of 67. If the chattels of the bankrupt aro in the of several, who, though they assumed this the court. I have since done so. I will now possession of a third person, how should the title, have either no patent, or sufficient an. brisfly refer to my connection with Mr. Christian. trustee proceed to recover them?

thority for their so doing, and to evince their That gentleman carries on a very extensive business 68. What are the rights to, and remedies of, the right to this dignity, or though they may be is a lebt collectorat Brighton and in the inneliate surety of a bankrupt?

within the limitations of a patent, the dignitý has neighbourhood, and necessarily takes out numerous 69. State some of the acts of a bankrupt which been extinguished by an attainder.” Sir James summouses in the County Court as the ultimate constitute misdemeanours ?

Harington, the graniison of the first baronet of resource for effecting his employers' object in ra. 70. What is the position of a creditor who holds that name, sat as one of the judges on the trial of covering their debts. Many of these clains are a mortgage by the bankrupt of a life policy, with Charles I., when the House of Commons proceeded disputed in court. For many years I have cumacovenant for payment of principal and interest, to an intended Act of Pains and Penalties. Upon for him ; but, some time since, he was in the

to hear evidence against the regicides, with a view ducted these disputed or probably disputed cases and to pay the premiums?

July 1st 1661, it was stated that Sir James Har: habit of postponing his instructions until the last CRIMINAL LAW AND PROCEEDINGS BEFORE rington and John Phelps could not be found, and moment. I complained of this practice and in

Harrington appears to have escaped the capture sisted that in all cases I should be instructed 71. Will ignorance of the law in any, and what, that was thereupon dirocted; and by the Act he, beforo the summons was issued, and that I should

excuse a person who has committe in together with others was excepted out of the settle the particulars, sign them, and charge him offence ?

general pardon. By this Act (13 Car. 2, c. 15) with the fee. To me it was a matter of the 72. What persons are held in law to be inca. among other penalties, it was enacted that William utmost indifference who hold the plaint note 07 pable of cominitting crimos, or excused in respect Lord Thomson, Sir Henry Mild:nay, Sir James who took out the money.

It appears that during thereof?

Harrington, Robert Wallop, Esqnire, and John my absence in town, Mr. Christian called at my 73. In what cases are married women protected Phelps, and every of them “ be degraded from otlice and saw iny clerk on the subject of an action from punishment for criminal offences ? and when their several titles of honour, dignities, and pre- on a bill of exchange, which Mr. Christian hell as are they not so protected ?

eminences, and should not thereafter use the indorsee. liaving settled and signod my name to 74. What is the precise operation of drunkon. name, title, addition, or title of lord, baronet, the particulars (the summons ivas to suit Nr. ness upon the commission of crime?

knight, esquire, or gentleman, or have any ostates Christian's convenience) taken out by his clerk, 75. By what statutory or other authority do or escutcheons of arms whatsoever." The ques. the plaint note was handed to him, Mr. Chris. justices of the peace exercise jurisdiction in crimi- tion whether tho Act atfected the titles of tian being charged with my sco. I hearu no nal matters.

honour beyond the regicide's own lives. more of it until my clerk informed me that he had 76. Will an action or information lie against a Sorjeant Burko, writing to the editor of The taken the money ont of court, and asked ine for a magistrate for a inistako in law ?

Herald and Genealogist in 1867, says, in speaking cheque, which was immediately hundert by meto 77. It is frequently enacted in statutes that ma of the Harington Baronetcy. “I conclude tho him, after deducting iny fee. gistrates “may” do certain acts in execution of Harington Baronetey to be still a good ono. The round to Mr. Christian, but he declined to take it such statutes : it is discretionary with, or incum. doubt is but a shadow ; yet how much better because the registrar's clerk hnd presumed to par bent upon them, to perform such acts ?

would it be if Sir Edward Harington, the present the money to my clerk without producing the 78. Proceedings are brought against a man for baronet, had some tribunal he could resort to to plaint note. The next day he made his complaint unlawfully taking game at night. When does the cast that shade aside.” Yorke on Forfeiture for to the registrar, ipho bronght the matter before night in such case begin and end ?

High Treason,” says, p. 97, " That a man may be the judge, who (lecided that the registrar was per 79. A. is the owner in fee of a game covert, attained of treason by Act of Parliament, althongh feetly justitied in paying the money to my clerk

: through which runs a highway. B., in the day he bas never even been convicted." And further, I understan, that Mr. Christian, at the court

, time, stands in the highway, and without any he says at p. 86, ** Titles of honour and dignities did not intend to complain of my conduct anthority from A., but in spite of him,

shouts the by tenure were always forfeitiblo by the law of but was possessed of an irreprossible desire pheasants as they fly from one side of tho high. England, as following the fendal reason of laws. of attaching some blame to the registrar's clerki way to the other. Does B. commit any, and what, And those which are by writ and patent, whether and picked out a case where he himself was offence? Give reasons for your answer.

to the heirs general, or in tail male, are forfeitel plaintiff, and where he had been offered a cheque So. Where an offender is convicted summarily by the corruption 'of blood which'impeles the for the amount of his cluim after deluetinz ms of an assanlt, can the person aseaulted also main. Jescent and renders a family ignoble." That Sie fee. A few romarks as to agonts practising in the tain an action ?

James Harington, mentioned in the above statute, County Courts. All who know me, or for whose 81. In an indictment, or in a summary proceed. committed treason, there is no doubt. The only opinion I caro anght, are fully aware that during ing for a malicions injury to property, is it essen. question is, whether his blood was not as effectu. a lengthened and extensive practice, I have set tial to prove malice against the owner?

ally corrupted by the Act in question as if he hail my face against their interference with the busi82. Is there any general law of limitation of been capitally executed it seems ho havi escaped ness of any profession, but debt collectors in ?. time for the laying of informations before justices capture and could not, therefore, bo convicted, but larze town are inevitable. I am not a debt col

. of the peace in summary cases ?

then steps in the Act of Parliainent and obviates loctor, and never wish to be, but that I have 83. State under what circumstances the con- the necessity. The lives of the regicides are been necessarily employed by them at tines as an fessions of a prisoner are admissible in evidence spared, but were they not equally attained as it alvocate or adviser I admit: and I ventore to against him, and under what circunstances such they had been tried, convicted, and executed: ailed, that to refuse to be emploved by them is confessions are inadmissible.

Temple, 30th Jan. 1872. A BARRISTER.

agents to their einployers would be veriest prudery.




[ocr errors]


My clerk took it

[ocr errors]
« EelmineJätka »