« EelmineJätka »
Philip Harry Van Cortlandt, Esq. ; Frederick Sir John Karslake said that the Legislature letter of the 2nd Oct. to the Secretary of State, Harvie Linklater, Esq.; Alexander Edward Pole, armed our courts with this authority as a matter considering it of groat importance to have on the Esq.,, Alweyne Turner, Esq.; Edward Morton of international courtesy. He did not see why register (by sect. 36 of the Licensing Act 1872, Daniel, Esq. ; Edward Rowdon, Esq. ; John the prisoner should not instruct counsel to show directed to be kept) the correct names and ad Wilkes, Esq., B.A., Cambridge; Percival Beevor cause. As a matter of fact, a somewhat similar dresses of owners to whom certain notices of disLambert, Esq., B.A., Oxford; and Donglas Nu- order made at chambers had been set aside by the qualification and convictions have to be given. gent Wyndham E. C. Grenville-Murray, Esq., Court of Queen's Bench, on the application of Sect. 36 of the Act states that " every person B.A., Oxford.
counsel for the prisoner, as informal. The pri- applying for a new licence or the renewal of a INNER TEMPLE.-Georgo Drinkwater Lucius soner could not be made to attend here, as he licence shall state the name of the owner of the Cary, Esq., M.A., Cambridge; Arthur Bovell, could not be held in custody. It seemed from a premises in respect of which such licence is Esq., B.A., Cambridge; Henry Studdy Theo- recent case in the Queen's Bench, in the matter granted or renewed, and such name shall be bald, Esq., B.A., Oxford; William Frederic of a prisoner named Elise Counhaye, that deposi. endorsed on the licence.” Sect. 42, sub-sect. 3, Thompson, Esq., Oxford ; William Samuel Lilly, tions duly authenticated, though not taken in the enacts, “ The justices shall not receive any eviEsq., L.L.M., Cambridge; Henry De Burgh Hol. presence of the accused, were admissible in pro dence with respect to the renewal of such licence lings, Esq., B.C.L., M.A., Oxon; Jacques Edouard ceedings under the Act of 1870.
which is not given on oath," and such sect. 42 Chenaux de Rosieres Durup de Balaine, Esq.,
GROVE, J. remarked that this was only a semble concludes, “Subject as aforesaid, licences shall be Paris ; Cecil Jalland Page Clay, Esq., M.A., Ox- from the case, and added that the statute of 1870 renewed and the powers and discretion of justices ford; Thomas George Stacpoole Mahon, Esq., did not contain the strong words introduced in relative to such renewal shall be exercised as B.A., Oxford ; Thomas Ryburn Buchanan, Esq., that of the present year.
heretofore.” M.A., Oxon; John Frederick Leigh-Fleming, Esq., Sir John Karslake said that the Act of 1870, The justices and their chairman and clerk con. B.A., Cambridge ; Arnold Morley, Esq., B.A., extending that of 1856 to criminal matters, was sidered that the justices had power to require the Cambridge ; Henry Fielding Dickens, Esq., B.A., possibly an instance of the Legislature entirely statement of each person applying for a new Cambridge William George Blane, Esq., B.A., forgetting what the other Act was about. It licence or the renewal of a licence to be given on Oxon; Cecil George Kellner, Esq., B.A., Cam- might be a rule of English law that depositions oath. bridge; William Henry Gibb, Esq., B.A., Cam- taken in the absence of the accused could not be For administering such oath the clerk charged bridge ; Charles Robert Tyser, Esq., B.A., Cam- used against him, but the English courts might an additional fee of 1s., according to the scale of bridge ;, Walter Herries Pollock, Esq., B.A., nevertheless allow such evidence to be taken. fees referred to in his said letter of the 2nd Cambridge ; John Henry Ward, Esq., B.A., Cam. They merely perpetuate the evidence, they do not October, bridge; John George McMaster, Esq. M.A., sanction its use.
It will be seen by the Secretary of
The order could be framed so State's letter of the 6th October that he considers Dublin ; Henry Stevens, Esq.,
B.A., Cambridge; as to issue an affidavit of notice to the prisoner " the requirement of an oath on the statement as William Scott Goodfellow, Esq., B.A., Cam and service. It was assumed by the comity of to the ownership of premises to be unauthorised bridge ; William Holmes Carbery, Esq. ; David nations that foreign tribunals would act right, by the Licensing Act 1872, and quite annecesLewis, Esq., B.A.,, Cambridge, James Eyre and in this case they were desirous of having sary," and that the charge of a fee for such Thompson, Esq., M.A., Oxon; Gordon Taylor evidence given
under the sanction of an oath oath' is therefore irregular.” Section 36 of the Act Bentinck Wigan, Esq., B.A., Cambridge; William instead of a voluntary statement. Henry Nash, Esq. ; Arthur Heathcote Montagu
enacts that in every licensing district there shall
BRETT, J., remarked that in the recent Extra- be kept by the clerk a register of licences “conLong, Esq., Oxon; Arthur Welch, Esq., Alfred dition Amendment Act the Legislature had ex- taining the particulars of all licences granted in Bray Kempe, Esq., B.A., Cambridge ; and James pressly and deliberately overruled what the courts the district, the premises in respect of which they
MIDDLE TEMPLE.-Sidney Woolf, Esq., of the considered a fundamental principle of English were granted, the names of the owners of such University of London, holder of an 'Exhibition
in law, and the courts were of course bound by their premises, and the names of the holders for the decision.
time being of such licences. There shall also be Common Law and of Real Property, and of an Exhibition granted by the Council of Legal Educa- KEATING, J., said that the wording of the last entered on the register all forfeitures of licences, tion in Michaelmas Term 1873; Robert Lloyd Act proved that the Legislature knew what words disqualification of premises, record of convictions, Kenyon, Esq., of Christ Church, Oxford, M.X., to use to effect its deliberate purpose. Those and other matters relating to the licences on the and Vinerian Law Scholar : William Young, Esq.; words, however, did not appear in the Act of register.” The latter part of the section enacts 1870.
"and there shall be paid by each licensed person of the University of London, B.A.; John Barton Hutton, Esq., of Trinity College, Dublin, B.A. ; Sir John Karslake said that the order might be to the clerk in respect of such registration the
sum or fee of 18. for every licence granted or Sydney Twentyman Jones, Esq., of Trinity Hall, drawn up in an imperfect form to be completed on
renewed.” Cambridge, LL.B.; Frederick Forester Goold, affidavit of service. The prisoner woald then Esq., of_London University; William Blake have an opportunity of appearing by counsel. The justices' licences are in force for one year, Odgers, Esq., of Trinity Hall, Cambridge, B.A.;
Civilised nations must be trusted to do their duty expiring on the 10th Oct. in each year, and thereJames Nathaniel da'Russell Day, Esq., of Christ's in criminal cases. Our own laws of evidence were fore at the Annual Licensing Meetings, a renewal College, Cambridge, B.A.; Arbuthnot Butler not perfect, and a trial was now pending in which licence is granted to each applicant who previously Stoney, Esq.,, of Trinity College, Dublin, B.A., very strong remarks had been made on the incon- held a licence. Since the passing of the Licensing LL.B. ; Charles William Greenwood, Esq., of venient distinctions between civil and criminal Act 1872, such licence by way of renewal granted Trinity College, Cambridge, B.A.; William evidence in our own courts.
at each licensing meeting has been entered on the Rutherford, Esq., of the University of Edinburgh, GROVE, J., said he should like to have the register by the clerk, who has each year charged M.A. ; Alexander Comyns, Esq., of Trinity Cold question argued before granting an order. Why each licensed person a fee of 1s. for every licence lege, Dublin, B.A., LL.B. ; Thomas Moreton, had the French Government not applied to a
renewed.” Esq.; Charles Bousfield Shaw, Esq. ; David Jones Secretary of State, under the recent Act?
It will be seen by the Secretary of State's letter Lewis, Esq. ; John William Edwards, Esq. ; Sir John Karslake said this had been done, but of the 6th Oct. that “with regard also to the reCharles Marsh Denison, Esq.; Samuel William the Secretary of State had sent them to the gistration of licences on renewal, Mr. Lowe thinks Casserley, Esq., of the University of London, court.
that re registration in every case, where is no LL.B. ; Alfred Guy Whipham, Esq. ; Jesse Her- KEATING, J., said there was a provision in the change of ownership, is unnecessary and oppres. bert, jun., Esq.; Robert Bovill Neblett, Esq.; Act of 1856 that the Lord Chancellor and two sive.”. and Robert Wilson, Esq.
judges should frame rules for giving effect to the Although the former part of sect. 36 enacts provisions of the Act, and regulating procedure that the register is to contain particulars of "all
under it. This had never been done, and he licences granted,” yet as the latter part enacts MAGISTRATES' LAW.
looked upon it as a formidable objection to the the payment to the clerk of a fee of 1s. for every motion.
licence granted or renewed, the clerk considers he COURT OF COMMON PLEAS.
Butt, Q.C., in answer to a question of the court, is entitled to register every licence renewed, and
stated that he had urged the objection alluded to to charge each licensed person such fee on "every (Sittings in Banco, before KEATING, BRETT,
by Mr. Justice Keating in a recent motion before licence granted or renewed," that is, "yearly, Grove, and DENMAN, JJ.)
the Court of Queen’s Bench, but that the court irrespective of change of ownership. Re EMILE FERRAND, A FRENCH PRISONER. had refused to entertain it.
Sect. 29 of the Act of 1872 empowers the local Extradition-Evidence.
KEATING, J., said that quieted him, though he authority to grant to any licensed victualler or SIR John Karslake (with him J. H. Hodgson) should have great doubt had the matter been res keeper of a refreshment house in which intoxicatmoved, on the part of the French Government, for integra. He should, however, like to have the ing liquors are sold, "an occasional licence exemptan order to examine witnesses in England, in order nature of the charge before the court.
ing him from the provisions of the Act relating to that their depositions might be used in a criminal It was arranged that the matter should be again the closing. of premises during certain hours, and trial abroad. He made his application under the mentioned to the court next week, with fresh on the special occasion or occasions to be specified Extradition Act of 1870, which extended to materials for a decision.
in the licence." criminal proceedings not of a political nature an
The Newark Licensed Victuallers' Association Act of 1856, enabling evidence to be taken bere in PRACTICE UNDER THE LICENSING ACT have, by their secretary, on more than one
occabefore foreign tribunals. He produced the certi.
exempting, on certain days, the licensed victuallers ficate of the French
ambassador that the prisoner, The following case has been submitted to counsel as a body from the provisions of the Act relating Emile Ferrand, was in custody on a charge of by the justices' clerk of Newark :
to closing of premises. The justices have declined fraud, and that his offence was not of a political
THE LICENSING ACT 1872.
to make such general order, as being contrary to character. The matter had been before Mr. Counsel's attention is particularly called to the the intention of the Act, and have only granted Justice Denman at chambers, who had referred it copy of correspondence between the Secretary of the occasional exemptions by an occasional to the court, his difficulty being that the examina- State for the Home Department and the Justices licence to each licensed victualler requiring or tion would be in the absence of the accused. As of the Peace for the Borough of Newark, and to applying for the exemption. And the justices have to this, the Extradition Amendment Act, passed in the copy memorial incorporated therewith, which declined to recognize the association, contending August of the present year, expressly enables a accompanies this case. It will be seen therefrom such association has no locus standi before them, Secretary of State to order the examination of that differences have arisen between the licensed and that they must have applications from indiviwitnesses for the purpose of any criminal matter victuallers of Newark and the said justices and dual licensed victuallers, so as to be able to enforce pending abroad, whether in the presence or their clerk upon the construction of the Licensing the penalties imposed by the Act for infringement absence of the person charged.
Act 1872, and as to the duties of the justices and of any of its provisions by such persons. For each BRETT, J., said that if it had not been for the their clerk thereunder.
occasional licence so granted the clerk has charged Act last cited, he should have thought it a funda- At the General Annual Licensing Meetings for a fee of 28. 6d., considering that in the absence of mental principle of English law that no examina- the borough for the years 1872 and 1873, the chair- any fee being named in the Act of 1872 for such tion should be taken in a prisoner's absence. man was the present ex-Mayor of the borough, occasional licence, he is legally entitled to charge
KEATING, J., thought the charge should be defi- and who is a solicitor in proctice. At such licens- the full fee of 58. for every such licence as for an nitely stated, as it was in proceedings before ing meetings the justices required each applicant original licence, but being satisfied to charge for magistrates under extradition treaties. One of for a licence or a renewal of licence to state on such occasional licence the same fee as is given by the practical inconveniences of this novel proceed oath the name and residence of the owner of his 5 & 6 Vict., c. 44, sec. 3, for endorsement of a teming was that it must necessarily be ex parte. premises, for the reasons stated in their clerk's 'porary licence.
Counsel is requested to advise on behalf of the REAL PROPERTY AND the contract within the meaning
of the condition justices and their clerk.
CONVEYANCING. 1. Whether under the Licensing Acts or other
of sale; secondly, that the plaintiff was not entitled
to damages for loss of bargain; or, thirdly, to rewise the justices have the power or discretion to
cover the costs of defending the suit in Chancery. require each applicant applying to them each year
NOTES OF NEW DECISIONS.
Per Bramwell, B. (contra), first the finding of the for a new licence, or for the renewal of licence, to Will-CONSTRUCTION-SPECIFIC LEGACY.-A arbitrator that the rescission was not from the state on oath the name and address of himself testatrix gave to her trustees a certain sum of £3 vendor's unwillingness or inability to answer or and the owner of the premises in respect of which per Cent. Annuities, “or the stocks or funds comply with objections or requisitions, concluded such licence is granted or renewed ? And, if so, which may at the time of my death represent such the case against the defendant; but, secondly, whether the clerk can legally charge a fee for annuities," upon trust to pay or transfer thereout even if that were not so, the vendor nad no power administering such oath in addition to the fees “ £100 of such trust funds” to A.: Held, that to rescind at the time he did; nor any right payable for the licence ?
the expression “of such trust funds" must be under the conditions to rescind at all, except in 2. Is the opinion of the Secretary of State, as construed to mean part of such trust funds," respect of objections made to the title disclosed expressed in his letter of the 6th Oct., in con. and that therefore the legacy to A. was specific. in the abstract, or of those that arose therefrom. formity with the requirements of the Act as to Distinction between specific and general legacies : Upon error being brought by the plaintiff, upon the registration of licences ? If so, are not (Davies v. Fowler, 29 L. T. Rep. N. S. 285. that decision, to the Court of Exchequer Chamber, licences granted yearly by way of renewal to the V.C. M.)
it was held by Blackburn, Keating, Brett, Archisame person to be entered on the register either WILL-CONSTRUCTION-LEGATEE-SUBSTITU. bald, and Honyman, JJ., that the judgment of as to date or otherwise ? And if so, how is the TIONARY GIFT TO CHILDREN-DEATH OF PARENT the majority of the court below was right, and register to show “particulars of all licences BEFORE DATE OF WILL.-A testatrix by her will should be affirmed. Sed contra, per Grove, J., granted, and the names of the holders for the time gave a sum of money to the children of her late agreeing with Bramwell, B., on the first ground, being of such licences ?”
cousin, and declared that if any legatee” that the judgment was wrong, and should be re3. Can the clerk legally charge at each Annual should die in her lifetime leaving a child or chil. versed : (Gray v. Fowler, 29 L. T. Rep. N. S. 297. Licensing Meeting, or otherwise, whenever a dren him or her surviving, such legacy should not Ex. & Ex. Ch.) licence is transferred at a speecial sessions for lapse bat be paid to such child or children: Held VENDOR AND PURCHASER-CONDITIONS OF transfer of licences, the fee of 1s. for registration (affirming the decision of Malins, V.C.), that the SALE – DELIVERY OF ABSTRACT — WANT OF of every licence granted or renewed ? If not, children of those of the cousin's children who TITLE IN VENDOR-TIME FOR MAKING OBJECwhen and under what circumstances may he died before the date of the will did not take by TIONS.-- The plaintiff was the purchaser, at a sale charge such fee ?
substitution, their parents not being “legatees by auction, of an estate put up for sale by the 4. Are the justices right in their contention as under the will: (Hunter v. Cheshire, 29 L. T. Rep. defendant (together with A., since deceased) to "granting occasional licences” only to indi. N. S. 283. Ch.)
subject to conditions of sale. By the third condividual licensed victuallers; or have they the VENDOR AND PURCHASER-CONTRACT FOR SALE dition the vendors were to deliver an abstract of power, and ought they to make such grant, by | OF REAL PROPERTY ABSTRACT OF TITLE title within seven days, and "all objections and one general order for the whole of the licensed DELIVERY, WITHOUT FRAUD, OF IMPERFECT requisitions not stated in writing and delivered victuallers within their jurisdiction ? And are the ABSTRACT-DEFECT IN TITLE ARISING ALIUNDE to the vendors' solicitors within fourteen days justices justified in refusing to grant the Licensed - DEEDS BONA FIDE OMITTED FROM ABSTRACT. from the delivery of the abstract, were to be conVictrallers' Association, as an association, any - The plaintiff's testator was the purchaser, at sidered as waived,” and, in that respect, “ time locus standi before them?
an auction, of real estate belonging to the defen. was to be of the essence of the contract." The 5. Can the clerk legally charge the fee of 2s. 68. dant, which was sold subject to the conditions twelfth condition stipulated that “the vendor for each “ occasional licence ?" If not, what fee that " an abstract of the title” should be de- being trustees should not be required to obtain ought he to charge for the same ?
livered within seven days from the sale, and the concurrence of anyone interested in the proAnd generally to advise the justices and their that the purchaser “should, within twenty-one ceeds of the sale," and the fourteenth condition clerk on the case.
days from such delivery, make his objections and stated that if the purchaser should fail to COPY OPINION.
requisitions in respect of the title ;” and that all comply with these conditions his deposit should I am of opinion that upon an ordinary renewal objections and requisitions not mado within that be thereupon actually forfeited to the vendors," the justices should not require a statement on time should be taken to be waived; and that, in who were to be at liberty to resell and recover the oath or otherwise of the ownership, because sect. case the purchasers should make any "objection deficiency, if any, and the costs of resale from 42, part 2 provides that they shall not take any to or requisition on the title," which the vendor the defaulting purchaser. The plaintiff signed the evidence with respect to the renewal, &c., unless should be “unwillingor unable" to answer or usual agreement to complete the purchase accordafter notice of opposition. Upon application for comply with, the vendor reserved to himself the ing to the conditions, and paid a deposit of £300. a new licence the justices are bound to take evi- option (notwithstanding he might have attempted An abstract of title was delivered within seven dence of the ownership. It is said that the to answer or comply with "such objections or days, which showed that the property had been applicants shall state the name of the owner, but requisitions,” or might have partly done so) “at devised to the defendant and his co-trustee A. I rather infer that it is not to be on oath.
any time" to rescind the contract, on repaying the (since deceased) upon trust to pay the income to 2 and 3. I am of opinion that the Secretary of deposit, &c. An abstract was delivered within the F. S., the testator's son-in-law, for life, and after State is wrong as to the registration. By sect. 36
seven days, and within the twenty-one days the his decease to sell the estate and stand possessed the register is to contain the names of the holders purchaser sent in (together with valid objections) of the proceeds” “ upon the trusts for the chil. for the time being. How can this be if the original a frivolous and unfounded objection to the titló dren of the said F. S. as therein mentioned.” It licence expire on the 11th Oct., and the renewal is therein disclosed ; and, as he persisted in such was stated in the abstract that F. S. would join not registered ? It seems to me clearly necessary objection and declined to complete, the vendor in conveying the property ; but the abstract was to register the renewal-not the particulars afresh filed a bill in equity against him for specific per. silent as to whether or not F. S. had any children. --but the fact of renewal, and in case of a transfer, formance. In his answer to the bill, put in on An objection, though not until after the expirathe name and address of the present holder. If the 23rd Sept. 1868, the purchaser repeated and tion of the stipulated fourteen days, so, it follows that the clerk is entitled to the fee insisted on all his old objections, and he also for made by the parchaser to the title, on the of 1s., and both propositions are completely estab. the first time raised a new objection to the title, ground that F. S. being still alive, the power of lished by the concluding sentence of sect. 36,
on the ground that the abstract was defective sale had not arisen, and the vendors could * and there shall be paid by each licensed person because of the omission therefrom of certain deeds make no title, to which the vendors replied, to the clerk in respect of such registration the which materially affected the title, and of the first, that the objection was made too late sum or fee of ls. for every licence granted or existence of which deeds he had only recently, and
secondly that it was not a valid one. It renewed.”
and long subsequently to the delivery of his ori: subsequently appeared that the trusts in favour 4. I am also of opinion that the justices are ginal objections, become aware. On the 2nd Dec. of the children of F. S. were for the benefit of such clearly right in not recognising the Association, 1868, and while the suit was pending, the pur- of his children by H. S., the testator's daughter, and in granting occasional licences to individuals chaser died. On the 26th Jan. 1869, the vendor's as should be living at testator's death, to be only. Nor have they the power under sect. 29 to solicitors applied by letter to the late purchaser's paid to them if sons at twenty-one, or if daughters make any such general order as is proposed. solicitors for the name of his executor, " in order" at that age or marriage, with limitations over for Under that section the licence must be granted to (they added), “to revive the suit, which we shall the benefit of survivors on the death of any the individual, and must specify the special do at once." On the 11th Feb. 1869 this informa-child under twenty-one and being a ghter unoccasion or occasions, and the hours. It is also tion was furnished to them, and on the following married. F. S. and H. S. had eight children living in my opinion an original licence, and may be so day, the 12th, they informed the purchaser's soli. at the testator's death, all of whom at the date of treated in charging a fee.
citors that they should rescind the contract the sale had attained twenty-one, and three of I should, therefore, suggest to the justices that and present petition to dismiss the bill.” Even whom being daughters had married and settled they answer the letter of the secretary to the tually, on the 12th April 1869, the bill was dis-their shares of the trust fund. An action having effect that, in accordance with his letter, they missed, without costs, on the purchaser's motion. been brought by the plaintiff, the purchaser, to propose to abandon the evidence of ownership An action having been brought by the plaintiff, recover his deposit, it was Held, by the Court of upon renewals, and the oath in respect of it, on
as executor of the purchaser, against the vendor for Exchequer (Kelly, C.B. and Martin and Pollock, the original application, but that upon the ques. breach of contract in not deducing a good title, and BB.), that he was entitled to recover it back, tion of registration they are advised that it is a for damages for loss of bargain, &c., it was found, although the objection to the sale was not made matter over whicn they have no control, inasmuch as facts, by the arbitrator to whom it was re- within the stipulated fourteen days, the vendors as sect. 36 peremptorily directs not them, but the ferred, to state a case for the opinion of the court, having in fact no title at all to sell the property, clerk, to register the renewal, and that otherwise first, that the omission of the deeds from the ab. and no power to make one. By Kelly, C.B., that the register could not show the present state of stract was made intentionally, but bonâ fide and the abstract was not a complete or sufficient one, the premises, whether licensed or not. They might under the advice of counsel, as it was supposed and therefore the time limited for delivering add, also, that they are advised that the clerk, in that they did not affect the title ; secondly, that objections had not commenced to run. By Martin omitting to register such renewals, would render in an abstract delivered by the vendor under a and Pollock, BB., that the condition as to waiver himself liable to an indictment for disobeying the previous contract in 1867 to sell the property to and forfeiture applied only to objections and restatute, as in my opinion he would be. By sect. another purchaser, these deeds were included, quisitions in the case of a simply defective title 58 the register is to be evidence of all the matters and that on an objection being taken in respect which could be made good on the defects being required to be be entered.
of these deeds, the contract was abandoned by supplied, and not to a title wholly bad, and incapable WILLIAM J. METCALFE. the vendor; thirdly, that a good title was not of being made valid. Semble (also by Martin and Temple, Oct. 17.
deduced in the present case, but that there was Pollock, BB.), that the abstract, if a true abstract no fraud or fraudulent misrepresentation ; and of such title as the vendor had at the time, was
fourthly, that the rescission of the contract by good, although the title shown by it was bad, and THE LATEST PROMOTION.-A Brussels corre- the vendor was not from unwillingness or in. not such as the purchaser was bound to accept, spondert writes : -" The English residents here ability on his part to answer or comply
with ob- and that the reference to the trusts of the will, in were greatly amused at reading, in one of the jections to or requisitions on the title. Held, by favour of the children, sufficiently called the Brussels papers, that "General Vernon Har- the Court of Exchequer, Kelly, C.B., and Martin vendee's attention to the trust, to call on him to court had been appointed Solicitor-General -" Le and Cleasby, BB. (Bramwell, B. dissenting as to make a requisition or objection on the subject : Général Vernon Harcourt a été nominé Solicitor. the first, and doubting as to the second), first, (Want v. Stallibrass, 29 L. T. Rep. N. S. 293. Général.'»
that the defendant had power to and did rescind'Ex.)
money for all the looms, and he had the full sums are in no sense damages which the plaintiff
power of removing them all at once or as soon has sustained through the defendant's breach of NOTES OF NEW DECISIONS.
as he pleased. He did remove nine of the looms, contract. They are sums which the plaintiff has CHARTER-PARTY--ADVANCES AGAINST FREIGHT
but left seven, and on the 29th inst. the plaintiff voluntarily paid under a view which he thought -STIPULATION FOR INSURANCE UPON ADVANCES
gave the defendant formal notice to remove those proper to adopt of the course which it was for his BEING EFFECTED BY CHARTERERS.-By a charter.
seven forthwith. The defendant having paid the interest to take in a litigation with a third party, party made at Bombay, a ship of the respondents, whole amount of the purchase money, the fifth who was neither party nor privy to the contract merchants at Greenock, was to proceed from condition ceased to be operative, as its object had between him and the defendant; and in which Bombay to Caloutta, and there load a cargo to be been fully answered by payment to the plaintiff litigation the plaintiff would have succeeded ac. conveyed to the United Kingdom. A clause in the of the purchase-money, and the removal of the cording to the evidence before us upon this trial charter-party was as follows:-“Sufficient cash for loom previously to the 1st April thenceforth if he had thought proper upon that occasion to ship's ordinary disbursements to be advanced the became a matter which concerned the defendant have made the proper evidence of his defence master against freight; subject to interest, assur. oply. The plaintiff having performed his part of receivable according to law. Upon the trial of ance, and 2 per cent. commission; and the master the contract by giving the defendant the right and the present action I have allowed the agreement to indorse the amount so advanced upon his bills of opportunity of removal, and thus, as it seems to to be put in evidence though not properly stamped, lading;”. Of this charter-party the appellants me, the contract between these two parties was being tendered for a collateral purpose. Mr. Berry were indorsees. While the ship was at Calcutta fully performed, and neither could complain of for the defendant, objected to its reception, and, preparing for the voyage, various advances for the any breach of the other. What happened after. if this case is carried further, the benefit of that ship's ordinary disbursements were made by the wards, and which has furnished the occasion for objection is reserved to the defendant. The plain. appellants, and the master gave them, on account the present action, was this : On the 1st April the tiff asked for a judgment in his favoar, at least of such advances, a bill drawn on the respondents. defendant's seven looms, together with a number of for nominal damages, contending that by not roThe respondents refused to accept the bill, on the others which had been sold by the plaintiff and moving within the seven days the defendant had ground that the master had no power to give it, not removed by the purchaser, had not been broken his contract. As the defendant paid at and that under the charter-party the appellants removed from the Mill, but the plaintiff duly once the whole purchase money to the plaintiff
, should have effected an insuranco on freight to tendered to the landlord 'the possession of the mill he thereby acquired the full benefit of his con the amount of their advances. No such insurance by offering him the key, which the landlord re-tract, and the non-removal did not injure him, but was, however, effected, though the appellants had fused to accept, insisting that the notice of the operated only to the defendant's prejudice. time to insure after notice of the respondents' re.
30th Dec. was not a proper notice, and that he Judgment therefore will be entered for the de. fusal to accept the bill. The ship having been was entitled to a six months' notice, and conse
fendant, with costs. lost on the voyage to the United Kingdom, the quently the tenancy was not determined, and he appellants brought an action to recover the should hold the plaintiff liable to the accruing amount of their advances. Held (affirming an rent, which was payable in advance, and treat
CROYDON COUNTY COURT. interlocutor of the first division of the Court of the continuance of the looms in the mill as a con
Monday, Nov. 4. Session), that under the charter-party the retinued occupation by the plaintiff. Assuming
(Before H. J. STONOR, Esq., Judge.) spondents had a right to rely on an insurance upon the notice of Dec. ist to be a good notice, as the advances being made by the appellants, who being one authorised by the contract of tenancy, Costick v. LAPORTE ; Nash v. SAME; Wells v. had stipulated for and received the right to charge really against his interest, for the looms that Interpleader
SAME (MARTHA C. LAPORTE, Claimant).
Married Women's Property Act chosen not to insure, must bear the loss. Held had been left by the defendant and the other
1870. further that a clause in the interlocutor appealed purchaser being affixed to the freehold, and Under sect. 1 a married woman is entitled to earnfrom, affirming in law that advances against not removed during the term, became the pro- ings of business, though carried on where her freight for a ship’s ordinary disbursements can be perty of the landlord, as part of the freehold, husband resides, if he does not assist or inter. recovered in the event of the loss of cargo, should and they had ceased to be chattels removable fere therein. Under sects. 1 and 11 such earn. be omitted, because unnecessary, and, assuming according to the usage of trade by the plaintiff or ings, and the investments of the same are vested the question to be governed by English and not any person claiming under him. The law upon a married woman at law as well as in equity. Scotch law, incorrect : (Watson and Company v.
this subject is perfectly clear, and the authorities Under sect. 1, furniture purchased with such Shankland and others, 29 L. T. Rep. N. S. 349.
are collected in Woodfall's Landlord and Tenant, earnings, held to be an “investment.”. Presents H. of L.)
p. 482, 7th edit. Poole's case (1 Salk. 368, by C. J. to a married woman laid out with such earnings Holt); Ex parte Quincey (1 Atk. 477, by Lord in furniture not within the Act.
Hardwicke), and other authorities down to Lyde In the above actions and interpleader summons,
v. Russell (1 B. & Adol. 394), and Minshail v. heard at the last court,
Holland v. Hodgson (L. Rep. 7 C. P. 328. Ex. Ch.) follows: In these three actions the plaintiffs BRADFORD COUNTY COURT.
have established beyond all question that looms of recovered judgments for £33 17s.6d., £15 18s. 62., (Before W. T. S. DANIEL, Q.C., Judge.) the description of those in this case are fixtures and £17 13s. respectively, and levied executions Oct. 24 and 28.
and not chattels, so far as the right of the free- on goods in the house where the defendant resides. TURNER v. TOMLINSON.
holder is concerned. The law upon this point is His wife now claims these goods as her property Trade fixtures-Purchase-Removal.
so clear, and has been so long settled and well in which her earnings in the employment of a
understood, that I should not have thought it lodging-house keeper have been invested by her, A purchaser from a tenant of trade fixtures is bound necessary to do more than state it but that I find and to which she is entitled for her separate use
to remove them during the term, at the peril of that brokers in this district, who, like the defen. under the Married Women's Property Act 1870, their becoming the property of the landlord, and dant, buy property of this description, are in the sect. 1. The amount of the judgments
has been if he has paid the tenant for the fixtures, but frequent habit of leaving the machines upon the paid into court by the claimant or her friends. omits to remove them, contrary to the conditions premises, in the hope of being able to sell them
The circumstances of the case are as follows: under which he bought it is his loss, and not a upon better terms if left standing than if In August 1872, the claimant was living with her breach of contract for which the tenant can removed. And it is well for them to know that in husband (who was an invalid) in a house at recover even nominal damages. If disputes order to secure this advantage to themselves, if Brighton, taken in her name, and in which she afterwards arise between the tenant and his they buy from a tenant and do not remove during carried on the business of a lodging house keeper, landlord, which the tenant compromises by pay. his term, they must treat with the landlord for also in her name, and by her alone, although her ment of a sum of money, he cannot recover permission to continue the looms upon the pre- husband on a few occasions wrote letters in his against the purchaser, the sum so paid, or his mises, as the looms become his property, and may own name to tradesmen and others, chiefly as to costs of defence as damages ; they are too be sold and disposed of for his benext without repairs of the house (three of which were proremote.
reference to them. The dispute between the duced). These letters he wrote at the request of W. Shaw, instructed by Rawson, George, and plaintiff and his landlord afterwards took this the claimant, and otherwise he had nothing to do Wade, for plaintiff.
singular course. The plaintiff insisting that his with the management of the house. In the month Berry (Berry and Rovinson) for defendant.
tenancy had been duly determined and his liability of August 1873, most of the furniture in the house His HONOUR.---This action is brought to recover as tenant at an end, the landlord brought an action was seized in execution and sold, and after pay. the sum of £31188.7d. as damages for breach of con against him in this court for use and occupation ment of the debt there was a trifling balance, tract. The facts were as follows. The plaintiff was subsequent to the 1st April, and claimed £50. To which was paid to the claimant. A small quan. tenant from year to year of a mill, called the sustain his defence it became necessary for the tity of furniture remained unsold, and addi. Woodlands Mill, of Low Moor, near Bradford, plaintiff to put in the agreement of tenancy, tional furniture was purchased by the claimant, under an agreement which entitled him to deter and to show that the notice of the 30th and the whole of such remaining and addi. mine the tenancy on three calendar months' | Dec. was a good notice, and properly sent tional furniture, the claimant deposes, was pur, notice, at any time, to be served or sent through through the post. Upon being produced the chased by her since the passing of the Married the post. The rent, £175 per annum, was payable landlord objected to its reception in evidence Women's Property Act, 9th Aug. 1870, with her quarterly in advance. He had occupied the mill for want of a proper stamp. The registrar, on earnings, and with presents amounting to £20, for trade purposes, and had placed in it ma- looking at the document as the officer of the given to her by her sisters for her separate use; chinery, which was affixed to the freehold, but court charged with that duty, decided that it was and the claimant produced bills and receipts made removeable as trade fixtures. On the 30th Dec. not properly stamped. It was stamped with a out in her own name, showing the dates of the 1871, he sent his landlord a notice through the 6d. agreement stamp only, whereas it ought to purchases and prices of such goods, with some post of his intention to determine the tenancy as have been stamped with an ad valorem stamp trifling, exceptions. All these goods have been from the 1st April 1872, and deliver up possession upon the amount of rent reserved, and upon seized in execution. The first point is whether on that day. The machinery was advertised for appeal to me I held the decision of the registrar the earnings of this lady fall within the terms of sale by anction on the 12th March 1872. The to be right. The proper stamp according to the the first section of the Married Women's Prosale was duly held and the defendant attended scale in the schedule to the Stamp Act (33 & 34 perty Act 1870. The second point is whether the and was declared the purchaser of various lots Vict. c. 97) 8. 96, being £1. This defect could furniture purchased by her with such earnings comprising sixteen looms. By the fourth con. have been remedied by the plaintiff paying to the was an “investment” within the meaning of that dition of sale, all the goods sold were to be at the registrar the penalty and the stamp, and the cost section. The third point is, the operation of the risk of the purchaser from the fall of the hammer, of proving the document to be stamped; but he section with regard to such furniture supposing it and to be removed at his expense within seven preferred entering into a compromise with the to be such an investment. The words of the days from the day of sale. By the fifth condition, landlord, and paid him £15 in satisfaction of his section are : “The wages and earnings of any if the purchaser did not remove the goods within claim, and the costs of the action. And he paid married woman acquired or gained by her after the seven days his deposit was to be forfeited to the his own attorney the sum of £16 38. 7d. for the passing of this Act, in any employment, occupavendor, who was to be at liberty to re-sell, and if costs of his defence. These sums, together with tion, or trade in which she is engaged, or which any loss arose on such re-sale the purchaser in 15s. for certain broken squares of glass, as to she carries on separately from her husband, default was to pay such loss with the costs of the which there was no evidence, make up the also any money or property so acquired by her re-sale. In this case the defendant, immediately amount of the damages sought to be recovered through the exercise of any literary, artistie, after the sale, paid to the auctioneer, as the agent from the defendant in this action. A simple state or scientific skill, and all investments of such of the plaintiff, the full amount of his purchase-'ment of these facts will suffice to show that these wages, earnings, monoys, and property shall be deemed and taken to be property held and settled at law, to enable her to bring such actions that, in 1862, the mortgagee and mortgagor joined to her separate use, independent of any husband and commence such proceedings. I therefore in conveyance. This proceeding in 1862 brought to whom she may be married, and her receipts think that if the claimant was entitled to them within the required term of twenty years. alone shall be a good discharge for such wages, the furniture purchased with her earnings for ber That would be his case. He would now proceed to earnings, and property." It was argued by the separate use under the 1st section of the Act (as I put in the several documents. The first deed was counsel for the execution creditors that as the have held), the same was vested in her at law, on the 6th and 7th Jan. 1834, being a lease and claimant's husband was living with her in this and not in her husband, and was, therefore, not release, and a conveyance in fee from George lodging house she cannot be said to have carried subject to his debts, and she has taken her proper Baker to Peter Older of all that messuage or teneon the business of such lodging house separately remedy in this court, and is entitled to a verdict ment, with garden and appurtenances therein, in from her husband; but I think that if it had as to the proceeds of such furniture. A difficulty the occupation of Charles Hampshire. The next been the intention of the Legislature to limit this remains as to the £20 which the claimant admits to document was dated the 8th Jan. 1834, in which provision to cases where the wife lived apart from have received from her sisters and laid out in furni. Peter Older mortgaged it to the said Baker for the her husband, or gained her earnings or wages at ture, and as this money is clearly neither wages nor term of 1000 years for £60, with provisions for some other place than where her husband resided, earnings, it certainly does not fall within the Act, redemption, on payment of principal and interest, such intention would have been clearly and un- and is simply the case of a woman receiving with with power of sale in default. Then, on the back equivocally expressed, and that it is not neces. her husband's consent a sum of money probably of that was a receipt indorsed for £60, as a sary for the separate carrying on of a business by for her separate use, and which she lays out with receipt for principal and interest, due on the a married woman that she should live apart from his sanction in the purchase of furniture used by mortgage dated 8th Sept. 1835. On the 7th and her husband, or gain her earnings or wages her in her separate occupation, and the question 8th Dec. 1835 Peter Older mortgaged to Charles elsewhere than where he resides, but only that at present is whether at common law this furni- John Woods for £90, continuing the power of he should not carry on, or assist, or take part ture can be seized by the sheriff, and I feel no sale in default. On the 10th Nov. 1862, the inden. in carrying on such business. If the income of doubt that such is the case and that, therefore, tare between Peter Older on the first part, Charles money be settled on a woman separately from the judgment creditors, according to the priorities John Woods on the second part, and Edward her husband, it does not imply that they are living of their executions, are entitled at law to recover Hoad on the third part, was drawn, being a conapart, and there is nothing in what may be the amount from the money paid into court. It is, veyance to Edward Hoad, for a consideration of termed the settlement by the Legislature of her however, possible that the claimant may be able to £50. On the 15th March, there was a reconvey; earnings and wages for her separate use which to make out a case in equity by showing that her hus ance, endorsed on the back of the deed by Edward my mind involves or implies her living apart from band did, in the words of Lord Hardwicke in Mac. Hoad's executors to Caroline Woods, Charles him, or gaining them elsewhere than at her resi- lean v. Langlands (5 Vesey, 78), “ by some clear and John Woods having died in the meantime. dence. It will be observed that the second clause distinct act devest himself of his property, and He put in an authorised copy of the will of of the section relates to "any money or property engaged to hold it as a trustee for the separate Woods, whereby he willed his property abso. so acquired by a married woman through the use of his wife," and if so she would be entitled luteiy to his wife Caroline. Now he came to the exercise of any literary, artistic, or scientific to an injunction from the Court of Chancery stay- plaintiff. On the 25th of April 1871, Caroline skill,” The effect of the word “ so” in this ing further proceedings (according to the case of Woods conveyed, both under the will of her late clause appears to me to be very doubtful, whether Newlands v. Paynter, 4 Myl. & Cr. 408), and hasband and under the re-conveyance, the proit merely restricts the money or property in ques. likewise to the payment to her now of the remain. perty in question, in fee, to Peter Allwyn, the tion to such as may be acquired after the passing ing £20 of the fund in court. But if she be plaintiff, for a consideration of £30. That was of the Act (either separately from or jointly with entitled to such relief in equity, I think it very the end of the documentary evidence. He proher husband), or whether it is to be further doubtful whether this court could afford it to her posed to make out a prima facie case, and then, restricted to money acquired by her separately under the limited jurisdiction which it possesses when Mr. Lascelles had brought his case forward, from her husband. The first is certainly the in equity. Of course the subject matter is within to call, if necessary, further evidence. strict grammatical construction of the clause, the amount of such jurisdiction (£500), but it Lascelles said he should object to that, but on but, on the whole, I incline to the Inter con- is difficult to say that it falls ander the second an intimation from his HONOUR he withdrew the struction as being more rational in itself, and head of such jurisdiction, viz., “the execution of objection. also more consonant with what I conceive to trusts” (County Courts Act 1865, s. 1), notwith. Folkard then called Mrs. Clark, one of the have been the intention of the Legislature; but standing that constructive trusts have been held tenants of the house, who proved being distrained in neither case, do I think, does the second to fall under that head (Clayton v. Renton, L. on for rent in 1849. clause affect the construction of the first clause. Rep. 4 Eq. 58); and it certainly does not fall W. H. Biddlecombe was the next witness, and With regard to the furniture, I can see no reason under any other head of such jurisdiction. The he said that he was bailiff at Godalming County why it should not be included in the term "in. claimant has also admitted that she is in receipt Court, and remembered distraining. Festment,” in legal construction, however it may of certain rents settled to her separate use, Francis Hillier said that in 1851 his father was be in common parlance. The third point is attended but there is no evidence that such moneys the tenant of the cottage, and a distress was put with much difficulty. The section says that such were applied by her in the purchase of any of the in for rent. investments by a married woman "shall be goods which have been seized, and therefore it In answer to Lascelles, Hillier said that his deemed and taken to be held and settled to her is immaterial. On the whole, I thing that there father refused to pay any rent after that, and he separate use.” Now, if property be " held and must be judgment in favour of the creditors ac. never did pay any. settled to the separate use of a married woman, cording to the priorities of their execution to the This was Folkard's case. it is clear that (independently of this Act) it must amount of £20, and judgment for the claimant as Lascelles thought that as the plaintiff had failed be vested in some other person for that purpose, to the balance. I cannot conclude without draw. to make out the receipt of any rent, or to show either in a trustee, or, if no trustee be named, in ing attention to the extremely careless manner occupation or possession since 1851, a period of her husband, and if it remain in her husband, it in which this Act is drawn throughout, and also more than twenty years, there was an end to his mast still remain at common law subject to his to the great hardship on creditors, who are given case. There was also an unsatisfied term of 1000 debts, and in such case her remedy against her by it no action at law against married women years. husband's creditors would only be by a bill for debts incurred by them probably on the credit His HONOUR said that was eased by the Satisin equity, and, as will presently appear, it is of the earnings and separate property vested in fied Terms Act
. extremely doubtful whether such relief could be them by the Act (and which they cannot recover Lascelles handed up the case of Owen v. Owen ebtained in this court, or only the superior at law), but are left to the expensive, hazardous, (3 H. & C. 88) but court. It, however, seems to me convenient and and tardy remedy of a Chancery suit in the His HONOUR, after looking into it, said he was equitable to hold that the effect of the 1st section, Superior Courts in every case, however small the quite clear it did not apply to the present case. taken in conjunction with the 11th section, which amount may be. Verdict for the execution cre- Lascelles contended that plaintiff's only evi. gives the wife a right of an action at law in respect ditors according to their priorities for £20, and dence was that of a documentary character. He of the property held or settled to her separate for the claimant as to the rest of the moneys in again alluded to the mortgage as a term of 1000 use, is to vest such property in her and devest it court. The whole of the money to remain in years, and said that that interest still existed. from her husband at law, and that it is much to court one month, with liberty to all parties to ap- His HONOUR repeated that that was eased by be regretted that the 1st clause did not contain a peal during that time, and no order as to costs. the Act of 1845. The question was whether, upon clear express provision of the kind. As the Act
the Statute of Limitations they had shown the Dow stands, a married woman's earnings and the
occupation of possession, or enjoyment within investments of it are “ to be deemed and taken to
GUILDFORD COUNTY COURT.
twentv years. be held and settled to her separate use;" wbilst deposits in savings banks and property in funds,
Thursday, Nov. 13.
Folkard said that in 1862 there was payment ALLWYN V. LUFF.
upon the mortgage. joint-stock companies, and industrial societies,
His HONOUR.—That action between the third are, by the 2nd, 3rd, 4th, and 5th sections, to be (Before H. J. STONOR, Esq., Judge.)
parties cannot affect the defendant. Defendant, deemed “to be the separate property of such Ejectment-Possession for twenty years-Evi. as far as it appeared, was in possession, and might woman as if she were unmarried.” And personal
have been, for any evidence to the contrary, in property coming to her as next of kin not exceed. This was an action to eject defendant from a cot possession for twenty years. There was no evi. ing £200, and the rents and profits of real protage at Shepherds-hill, Haslemere.
dence that plaintiff had exercised any of the rights perty are declared by the 7th and 8th sec. Folkard, barrister, instructed by Alberry and of ownership for twenty years. tions "to belong to the woman for her sepa- Lucas, Midhurst, was for the plaintiff.
Folkard.We claim through the mortgagee and rate use."
The 11th section, however, pro. F. Á. Lascelles, barrister, instructed by G. H. the mortgagor. vides " that a married woman may maintain an Hull, Godalming, was for the defennant.
His HONOUR.-That does not affect the case. action in her own name for the recovery of Folkard, in opening the case, said it was an The question is whether you have proved that you any money earnings, wages, and property by the action brought to recover possession of a house have been in receipt of the rents, or in possession Act declared "to be her separate property, as if and garden, situate at Haslemere. Plain. of the property, within twenty years. such wages, earnings, moneys, chattels, and pro- tiff is a chemist, and occupies the post-office at Folkard said that the Act of Will. 4 was perty belonged to her as an unmarried woman, Haslemere, and defendant occupies the property passed expressly to protect the title of mort. and in any indictment or other proceeding it shall which is the subject of action. He should be gageos. Till that deed was executed—the deed of be sufficient to allege such wages, earnings, and able to trace the ownership of the property since 1862—there had been rent reeeived within twenty property, &c., to be her property." And I think the year 1834. In 1834 one Baker conveyed it to years—to wit, within eleven years, and therefore that, according to a liberal and equitable construc. Peter Older in fee. This property Peter Older Peter Older was at perfect liberty to convey. tion of the Act, I ought to hold that, as the Act afterwards mortgaged to one Woods; afterwards Payment of interest and principal of the mortgives the married woman the same absolute and both Older and Woods conveyed to Edward Hoad; gage was made in 1862. exclusive right to bring actions and institute Edward Hoad's executors afterwards conveyed to His HONOUR.-That cannot affect the defen. criminal prosecutions in respect of earnings and Caroline Woods, who also took under the will of dant, except under same Act of Parliament. Show investments of the same as it does with regard to her husband, the mortgagee, Woods. For a con.
me the Act. the funds and other property especially named in sideration of £30 Caroline Woods conveyed to the While a copy of the Act (7 Will. 4 & 1 the 2nd, 3rd, 4th, 5th, 7th, and 8th sections, it present plaintiff
. With regard to the question Vict. c. 28) was being procured, Folkard again must have been the intention of the Legislature to which would arise out of the Statute of Limita- urged that by the payment of the interest and vest such earnings and investments in her as tions, he should show that rent was paid under principal in 1862 the statute of Limitations could well as the funds and property last mentioned ' distress
in the year 1849, and also in 1851. After only be brought to bear upon them from that date.
As his HONOUR was about to refer to the Act, ATTORNEYS' CERTIFICATE.—The duty on attor- 12. What is the effect of marriage upon the
Lascelles rose and said he should be sorry to neys' certificates is now payable, and must be paid contract of a feme sole ?
III.-From Williams on the Principles of the Law waiting, and he was bound to admit that what at the Temple Gardens are now in bloom. Mr.
of Real Property. his learned friend said was right. Newton, the head gardener of the Inner Temple,
13. What is the proper form of a conveyance Folkard said that he was glad to hear his friend has reared
a fine show, including a white Venus: in order to vest a freehold estate in one person as say 80. The first statute of Will. 4 did not protect mortgagees, and, in consequence of the dignities to be conferred upon the new Attorney of the real estate of his wife; and has any, and THE NEW LAW OFFICERS.— With regard to the trustee for another ?
14. What are the rights of a husband in respect inconvenience thus occasioned, the Act to which General and Solicitor-General, the Daily Telegraph he had referred was expressly passed to remedy states
that both will be knighted, and that in the what, alteration lately taken place in the law it. The statute preserved to the mortgagee and those claiming under him the same right of entry ehip will also be bestowed-a prececent which it is chase of an estate ; by whom is the contract to case of the Attorney-General a Privy Councillor. regarding them ?
15. A man dies, having contracted for the pur. as if the previous Aot had not been passed. He intended to follow in future cases. (Folkard) proceeded to quote two cases in point rally understood that after the Judicature Bill be performed, and to whom will the estate from the 17 Q. B. Rep., and said that on these comes into operation the law officers of the Crown
belong? cases and the Act he based his case. will not, so far as concerns the action of Liberal
16. In what cases may trustees of a will, or His Honour said, that under the statute and Governments-continue to have any particular executors, sell or mortgage their testator's real the two cases quoted, the plaintiff was entitled to claim to such vacancies as may arise in the chief estate for the payment of debts or legacies? a verdict, and he found for the plaintiff. seats of Common Law Courts, though every it from a contingent remainder ?
17. Define an executory interest, and distinguish special instance will, of course, be considered on its merits.
18. What limit does law impose on the BANKRUPTCY LAW.
of a boxing-match at Portsmouth, and which has income of his estate to be accumulated after his The case of Reg. v. Fox and others, arising out creation of executory interests ?
19. For what period can a testator direct the COURT OF BANKRUPTCY.
attracted so much attention in the public press, decease ? and by what title is the Statute con
has terminated, after many adjournments, in the Tuesday, Nov. 18.
committal for trial at the next assizes, on 11th trolling it commonly known ? (Before Mr. Register ROCHE, sitting as Chief Dec., of all the prisoners, one of whom is a captain IV.-From J. W. Smith's Manual of Equity Juris. Judge.) in her Majesty's 100th Regiment, and who acted
prudence. Re TAYLOR.
as referee between the parties. Mr. Ford, for the 20. If a sale or mortgage is proposed to be Composition-Nonpayment--Valuation of security defence, in an exhaustive argument, quoted the made by trustees (without the concurrence of the --Injunction.
case of Reg. v. Young, and from East's Pleas of party in receipt of the rents), under a power for This was an application on behalf of G. A. Taylor, the Crown, Foster's Crown Cases, Russell on raising money, which has for a great number of a liquidating debtor, for an order restraining Crimes, and other authorities, contending that years not been exercised, what, if any, obligation Michael Waterer from proceeding with an action boxing was not prohibited, and that it was not is imposed on the purchaser or mortgagee ? against the applicant.
accompanied in the present case with more than 21. In what cases will a court of equity enforce In July 1872, Taylor, who had carried on busi. ordinary violence, that the match was similar to a specific performance of a parol contract within ness in Change Alley as a tailor, presented a peti that which took place at public entertainments, the Statute of Frauds ? Give three instances. tion for liquidation by arrangement, and at the and that the deceased showed no symptoms of dis- 22. If a mortgage is cancelled by a mortgagee, first meeting the creditors passed a resolution to
tress. The Bench deliberated for one hour and a and is so found in his possession on his death, accept a composition of 2s.6d, in the pound,
pay. half, and were not unanimous in their decision. what is the effect as regards the mortgage debt; able by instalments of ls. 3d. each on the 1st Oct: Clerkenwell police court Mr.
Barker, in the course premises, and what is the right of the mortgagor
At the what becomes of the legal estate in the mortgaged their debts, and a trustee was appointed for the of hearing several cases in which the police had in relation to it? purpose of making the payments to the creditors. preferred charges of drnnkenness against the 23. State some of the instances in which persons At the second meeting of creditors the resolution defendants, and had signed the charge-sheets to having limited or ulterior interests in land have a was confirmed, and it was afterwards duly regis- that effect, complained that the police never in right to have the title-deeds secured, or brought tered. Mr. Waterer was a creditor of Taylor
for their evidence said anything about the charge of into court for preservation. £200 and upwards, iolding as security a policy drunkenness, and therefore he discharged the 24. Where both parties to a suit, in a foreign of assurance upon the debtor's life, and the name
defendants. He further remarked that when the country, are residing in this country, have our of Mr. Waterer appeared in the list. The compo. defendants were charged with disorderly conduct courts of equity any, and if any what, authority sition had been paid to all the creditors except Mr. and not with drunkenness, the police invariably to act on the parties in regard to such suits, and Waterer, and the trustee stated that, although he gave evidence to the effect that the defendants by what means ; and how can our courts act had the necessary funds in hand, he was unable to
were drunk. He thought it very strange that without appearing to limit or control the foreign pay him, not knowing the amount at which he constables were not instructed to give their court ? valued his security. Mr. Waterer had been re
evidence in a straightforward and proper manner. 25. In cases of private nuisance, what circum. quested to prove his debt, but he had not done so.
When charges of drunkenness were preferred by stances are necessary to justify the interposition The question was whether the creditor could now
the police, and the police did not think proper to of a court of equity by injunction ? proceed at law for the recovery of his original give evidence to substantiate the charge, he should
26. If a person of unsound mind is domiciled debt. always discharge the defendants.
abroad, may a Commission of Lunacy issue in this Winslow appeared for the appellant, and Doria
THE NEW SOLICITOR-GENERAL.-Mr. William country in any, and if in any, in what case ? for the debtor. George Vernon Harcourt, Q.C., who has just suc
V.-Book-keeping. His Honour, in giving judgment, said the ceeded Mr. Henry James in the office of Solicitor
27. Describe the use of a day-book. question in this case was of a very simple kind. General,
is the second son of the late Rev. William
28. Explain the meaning of the terms, " debit" The authorities showed that if default was made Vernon Harcourt, and grandson of the late Most and credit." in payment of a composition the debts of the cre
Rev. Dr. Edward Vernon Harcourt, many years 29. What is meant by posting the ledger? ditors would revive, but in the presert case appli- Archbishop of York. He was born on the 14th
30. On which side of a ledger ought goods sold cation had been made to the creditor to value his Oct. 1827, and was educated at Trinity College, to be entered-debtor or creditor ? security, so that the composition might be paid Cambridge, where he took his Bachelor's degree in
31. If you receive £5000 from A. B., with inupon the balance of the debt, and he had not done 1851, and obtained the honours of a senior optime structions to pay £2000 to C, D., and retain the creditor had said the policy was of no value, was called to the Bar at the
Middle Temple in £3000 for credit of E. F., how should you enter
the sums in your ledger ? or had estimated the value of it, the trustees would Easter Term 1854, when he chose the Home Cir. have been bound to pay the composition upon the cuit; in 1856 he was made a Queen's Counsel. He balance, but as the facts stood there was no pre- the Naturalisation Laws, and also of the Neu
has been a commissioner for the Amendment of tence for bringing the action, and an injunction
CORRESPONDENCE OF THE must be granted, the trustee tendering to the trality Laws. Mr. Vernon Harcourt holds the
PROFESSION. creditor the composition on the debt actually due versity of Cambridge. He has sat as the colleague Nore.--This Department of the Law Teman beingors not
Professorship of International Law in the Unito him.
of Mr. Cardwell, in the representation of the city
responsible for any opinions or statements contained init. LEGAL NEWS.
married to a daughter of the late Mr. Thomas H.
SOCCESSION DUTY ACT.--A question under this An American, in replying to his antagonist in
inst., in reply to which several diametrically court, said he had " a keen rapier with which to
opposite opinions have been expressed. As one of pierce all fools and knaves,”, whereupon his LAW STUDENTS' JOURNAL,
your correspondents has referred with approval to opponent "moved the court” that the rapier be
the paper upon this subject which appeared in the taken from him lest he should commit suicide. QUESTIONS ASKED AT THE INTER- LAW TIMES of the 4th Jan, last, perhaps he and CENTRAL CRIMINAL COURT.-The Judges on
MEDIATE EXAMINATION. the rota for the next session of the Central
your other correspondents may like to have my MICHAELMAS TERM, 1873.
opinion. It appears clear, I think, that sect. 12 Criminal Court, appointed to commence on Mon.
would have exempted A. from any charge for duty day next, are Chief Baron Kelly, Mr. Justice
had he survived the annuitant. This section Brett, and Mr. Justice Quain.
Questions 1 to 5 inclusive.
appears to have been overlooked by “D.," SIR THOMAS ERSKINE MAY, Clerk of the
II.- From Chitty on Contracts,
"A. A. R.," and "T. E. H.” Section 7, to which House of Commons, and Sir Henry Sumner 6. What constitutes a valid simple contract ? the former refers, has, as he rightly supposes, no Maine, have been unanimously elected Benchers 7. What are the principal distinctions between bearing upon the matter. Assuming, therefore, of the Middle Temple. a simple and a special contract ?
that A. was never liable to any presumptive duty, As many as 14,053 attorneys and solicitors, 8. What agreements are required by the Statute sect. 15 does not apply, as "H. G.” seems to writers to the signet, proctors, and notaries took of Frauds to be in writing ?
think, that section being only applicable to those out the annual certificate authorising them to 9. Is it essential that the consideration should cases in which the vendors were, or, but for the practise, in the financial year 1872-73. The num. be expressed in agreements, required by that sale, would have been, liable to some presumptive ber is 229 more than in the preceding year. Statute, to be in writing ?
duty. “S.” seems to have come to a correct CHANCERY CHAMBERS. -The chambers now 10. How is the law under the Statute of Frauds conclusion; the latter part of his
answer is, howoccupied by the chief clerks of ViceChancellor altered as to guarantees by the 19 & 20 Vict., ever, inconsistent with the former, although the Hall are about to be pulled down, to complete c. 97, 3 (The Mercantile Law Amendment section of the Act (29th) to which he refers, has improvements in Lincoln's-inn. The old cham- / Act 1856) ?
some bearing upon the point. The question does bers of the Rolls' Court are being prepared for 11. What is the effect of the consideration in a not state whether the power of sale given to the the officials. The removal will be made next contract being executory with respect to bringing trustees was imperative or discretionary, nor does month. an action on such contract ?
it state what beneficial disposition was made of