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Superior Courts: Lords Justices.-V. C. Kindersley.

case was never seised, and having died before admittance, could not be seised by relation or otherwise. The plaintiff could not have compelled her husband to be admitted during his lifetime, and she had no better right upon his death to call on his heir to be admitted. She had, therefore, no grounds whatever for equitable relief against the heir, and it was difficult to see how the heir could be treated as a trustee, and in the absence of fraud or other special circumstances, it would be going beyond any existing authority to convert him into a trustee (Vaughan v. Atkins, 5 Burr. 2764; D'Arcy v. Blake, 2 Sch. & Lef. 387). The bill must therefore be dismissed without costs, but if, however, she wished to try the question at law, it would be retained for a year, with liberty to apply by mandamus or otherwise, as she might be advised; the costs to be reserved, but if she failed the bill would then be dismissed with costs.

In re Lancashire and Yorkshire Railway Com-
pany, exparte Macaulay. July 29, 1854.
RAILWAY COMPANY. INVESTMENT OF PUR-
CHASE-MONEY IN LEASEHOLD FOR 1000

YEARS.

271

examiner to examine witnesses whose evidence was required on the taxation of costs under the decree in this suit. The examiner objected to proceed without a special order.

Malins and C. Browne in support; Greene, contrà.

The Lords Justices said, that the names of some of the witnesses, whom it was intended to examine, must be mentioned, and the application stood over accordingly.

Vice-Chancellor Kindersley.

Morgan v. Morgan. July 29, 1854.

-

MARRIED WOMAN. EQUITY TO SETTLE-
MENT ON HUSBAND'S INSOLVENCY.
A married woman became entitled, since the
insolvency of her husband, to a sum of
920l. Held, that there must be a settle-
ment to her separate use of the whole, and
after her death the capital to go to the
children of the marriage.

:

Pearson appeared in support of this petition on behalf of Mrs. Morgan for the settlement to her separate use of a sum of 920l. to which she had become entitled since the insolvency of her husband.

Held, that an investment cannot be ordered under the 8 & 9 Vict. c. 16, s. 69, of the purchase-money of freehold lands taken by a railway company in the purchase of lands held on lease for 1000 years of which 750 were unexpired, although the demise contained no covenants nor proviso for re- In re Good Intent Benefit Society. July 28, 31, entry.

Osborne for the husband, contrà, as to a moiety of the fund.

The Vice-Chancellor said, that there must be a settlement as prayed,-the children to take the capital upon the wife's death.

THIS was an application under the 8 & 9 Vict. c. 16, s. 69, for the investment of the purchase-money of certain freehold lands taken by the above railway company in the purchase of premises held on lease for 1000 years, and of which 750 were unexpired.

Dart, in support, stated that in the demise there were no covenants nor proviso for reentry, citing In re Cann's Estate, 19 Law J., N. S., Ch., 376, where Bruce, Lord Justice, when Vice-Chancellor, had sanctioned an investment in copyholds.

The Lords Justices (without calling on Bacon, contrà) said, that the section referred to did not confer any jurisdiction to make the order asked, and the application was accordingly refused.

Farquhar v. Addington. July 31, 1854.

EXAMINATION OF WITNESSES AFTER DE-
CREE ON TAXATION OF COSTS.

Quære, whether the examiner can, after de-
cree, proceed to examine witnesses whose
evidence is required on the taxation of costs
without a special order.

But on an application for such order being made, it is necessary to mention the names of some of the witnesses whom it is intended to examine.

THIS was an application for an order on the

1854.

TRUSTEES' ACT 1850. -NEW TRUSTEES,
WHERE ONE OF UNSOUND MIND.-JURIS-
DICTION.

An application under the 13 & 14 Vicl. c. 60,
s. 32, for the appointment of new trustees,
was directed to be made to the Lord Chan-
cellor or Lords Justices, where one of the
former trustees was of unsound mind.

c. 60, s. 32, for the appointment of two new THIS was a petition under the 13 & 14 Vict. trustees of this society, upon the death of one and the other being of weak intellect.

Taylor and Hallett for the several parties.

The Vice-Chancellor said, that the Act conferred no jurisdiction with reference to the removal of the trustee of unsound mind, and that the application must therefore be made either to the Lord Chancellor or Lords Justices.

In re Stane's Trust. July 31, 1854. BEQUEST OF LEGACY FOR DISTRIBUTION

AMONG POOR AND NEEDY OF PARISH.

Bequest of 500l. to be distributed by executor among the poor and needy of a parish in every respect as he should choose. The executor died without having proved, and the residuary leratee administered and paid the legacy into Court. The parish rate

272

Superior Courts: V. C. Kindersley.-V. C. Stuart.-V. C. Wood.

payers had resolved that the fund should|clared that if any of her said children should be applicable to the two national schools; die, leaving any child or children, such child but the Attorney-General had certified that or children, if more than one, should have and the dividends should be paid to a dispen- take the share of his, her, or their respective sary near the parish in order that the poor parent equally. This special case was now might receive medical relief, and order ac- presented under the 13 & 14 Vict. c. 35, as to cordingly. the construction of the will.

THE testatrix, Mary J. Stanes, by her will, dated in December, 1837, gave to her executor, Mr. Larcher, the sum of 500l. to be distributed by him among the poor and needy of the parish of Great Baddow in the county of Essex, in every respect as he should choose. It appeared that Mr. Larcher died without having proved the will, and that one of the residuary legatees had administered and paid the amount into Court. A meeting of the rate-payers had been held, at which it was resolved that the sum in question should be applied for the two national schools of the parish under the direction of the Court, and this petition was presented by the parties about to act as the trustees for the purpose. On the hearing, in July, 1853, the matter was referred to the AttorneyGeneral, who now certified that the fund should be invested in the names of trustees, and the dividends be paid from time to time to the funds of the Chelmsford dispensary, near which the parish of Great Baddow was situate, in order that its sick poor might receive medical relief under the nomination of the trustees, and this application was now made for an order in accordance with such certificate.

Selwyn and Cairns in support; Terrell for the Attorney-General; Osborne for other parties.

The Vice-Chancellor made the order as asked and for the appointment of the four trustees.

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Vice-Chancellor Stuart.

Gray v. Cann, July 31, 1854.

Smale for the children of the testatrix; Bagshawe for the grandchildren; Surrage for the surviving executor and trustee.

The Vice-Chancellor said, that the children of the testatrix who survived her were entitled to their shares absolutely, and that they did not only take for life with remainder to their children. The costs of all parties to come out

of the estate.

Vice-Chancellor Wood.

Tapping v. Hooper. July 27, 1854.

EQUITY JURISDICTION IMPROVEMENT ACT.
-DELIVERY OF PRINTED COPIES OF
BILL-COSTS.

The plaintiff had not delivered, under the 15
& 16 Vict. c. 86, s. 7, two printed copies
of the bill pursuant to notice: Held, that
he was liable to the costs of a motion for
such delivery, or for the bill to be taken off
the file, although an order had been obtain-
ed at the Rolls dismissing the bill, with
costs, where such order was not obtained
before service of the notice of motion.
THIS was a motion upon notice for an order
on the plaintiff to deliver two printed copies of
the bill filed in this suit pursuant to the 15 &
16 Vict. c. 86, s. 7,' or in default that the bill
should be taken off the file. It appeared that
his Honour had, on July 26, ordered the de-
livery forthwith, but that the copies had not
been delivered.

Bevir in support.

Terrell, contrà, as to costs,-the common CONSTRUCTION. WHETHER GIFT order having been obtained at the Rolls dismissing the bill with costs.

ABSOLUTE OR FOR LIFE.

A testatrix directed her executors to raise 800l. in trust, to divide the same into eight equal parts, and to pay one part to each of her eight children as therein directed, and she declared that if any of her said children should die leaving any child or children, such child or children, if more than one, should have and take the share of his, her, or their respective parent equally: Held, on special case, under the 13 & 14 Vict. c. 35, that the children of the testatrix, who survived her, took absolutely, and not a life estate only, with remainder to their

children.

THE testatrix, by her will, directed her executors to raise a sum of 800l., in trust, to divide the same into eight equal parts, and to pay one part to her daughter, Mrs. Gray, or in the event of her death in her lifetime, then to her husband, another part to the children of a deceased daughter, another part to a son, and as to the remaining five parts, in trust, to pay one part to each of her other children, and she de

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suit to be commenced in the said Court after 'Which enacts, that "the plaintiff in any the time hereinafter appointed for the commencement of this Act shall be bound to deliver to the defendant or his solicitor, upon apprinted copies of his bill of complaint or claim plication for the same, such a number of for the same at such rate as shall be prescribed as he shall have occasion for, upon being paid by any General Order of the Lord Chancellor in that behalf." The 5th Order of August 7, 1852, directs that "the payment to be made by the defendant to the plaintiff for printed copies of the bill or claim shall be at the rate of one halfpenny per folio ;" and Order 6, "that no defendant shall be at liberty to demand from the plaintiff more than 10 printed copies of his bill or claim."

The Legal Observer,

AND

SOLICITORS' JOURNAL.

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SATURDAY, AUGUST 12, 1854.

POSTPONED LAW BILLS IN PAR- Jurisdiction of the Stannaries Courts;

LIAMENT.

THE Session being about to close, it may be convenient to review briefly the various measures for the alteration of the Law which have been introduced or notified to Parliament, and subsequently negatived or abandoned. Taking them in the order of their importance, as they might have affected the interests or convenience of the Profession, they are as follow:

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and the Registration of "dishonoured' Bills of Exchange, for the purpose of enforcing payment in six days, at the peril of immediate execution.

termine the future rights of parties and 4th. The Declaratory Suits' Bill, to deperpetuate the testimony of witnesses in support of, or in opposition to, anticipated claims or subjects of litigation.

5th. The Bill for the further amendment of the Law of Patents.

1st. The Bills relating to the Ecclesi- 6th. The Assimilation of the Mercantile astical Courts. These were four in num- Laws of England, Ireland, and Scotland. ber, namely: the Testamentary Jurisdic- 7th. The amendment of the Metropolition Bill; the Divorce and Matrimonial tan Buildings' Act,-a measure, no doubt, Bill;-the Causes' Bill;-the Amendment of the Law much needed in many respects, but difficult of Adultery as to Actions for Criminal to effect, consistently with existing rights Conversation;-and the Marriage of Dis- and interests.

senters.

8th. The six Bills relating to Parlia 2nd. The Bills affecting the Law of Pro-mentary Elections, namely:-the Trial of perty and Conveyancing, viz: The Con- Election Petitions;-the prevention of Corveyance of Real Property Amendment Bill, rupt Practices at Elections; the abolition of as to the taxation of costs according to the Property Qualification of Members;skill, labour, and responsibility;-the Ap- the abolition of Members' Privilege from portionment of Rent ;-the Personal Estate Arrest ;-the vacating the Seats of Memof Married Women;-Disposal of Property bers on accepting Government Offices ;by Persons under Religious Vows; the and a second Bill for the Prevention of Amendment of the Law of Mortmain ;- Bribery. Succession of Real Property of Intestates 9th. The Criminal Law Bills,-viz., nine by all his Children or Next of Kin ; for the Consolidation of the Criminal Law, Amendment of the Law of Simony for the besides the following:-Amendment of Cripurpose of preventing the Sale of next Pre-minal Procedure;-appointment of Public sentations; the Drainage of Lands ;-and Prosecutors; abolition of the Punishment the Establishment of Joint-Stock Executor of Death ;-the Prevention of Frauds as to and Trustee Companies for the Administra- Bills of Exchange ;-and the extension of tion of Private Trusts. the Police system throughout England and Wales.

3rd. The enforcement of Executions on English Judgments in Ireland and Scotland, 10th. Several Bills were also proposed and of Irish and Scotch Judgments in Eng-for the amendment of the Poor and Paroland; the substitution of Declarations in chial Laws,—namely, the Law of Settlelieu of Oaths;-the amendment of the Law ment ;-Uniform Assessment throughout of Arbitration; the extension of the the Kingdom;-abolition of Church Rates; VOL. XLVIII. No. 1,379.

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274

Postponed Law Bills in Parliament.

-and the further regulation of Parish will of course take such course as they may Vestries. be advised for carrying their intentions into effect.

The Laws of Mortmain will probably again come under review, but great caution will be necessary in framing restrictions against charitable bequests. The clauses in that respect formed the principal objection to the recent Bill.

It will be seen from this long catalogue, that of the numerous Bills brought before Parliament relating to the Law, so large a number as 47 have been either actually rejected, or abandoned as hopeless, at least for the present Session. Several of the measures, however, will, no doubt, be re- The Bill for the Registration of Disvived in the next Session, and the postpone- honoured Bills of Exchange has already ment of some of them will naturally be been revived by the Noble Lord who promuch regretted. The Public, as well as posed the recent enactments, but in the new the Profession, had long anticipated the Bill some modifications we understand have reform or abolition of the Ecclesiastical been suggested. Before another Session, Courts. To what tribunals the testa we may perhaps be favoured with the rementary and divorce jurisdictions should port of the Commissioners on Mercantile be transferred, will again be the subject of Law, accompanied by the evidence they are debate in the next Session. Whether they collecting on this and the numerous other are to be distinct Probate and Divorce points of dissimilarity between the laws of Courts, or the Court of Chancery is to England and Scotland. absorb the former, and the Common Law From the petitions which have been reCourts the latter, will be matter for future cently presented,1 it appears that a consiconsideration. It cannot, however, be ex-derable part of the commercial classes are pected that the contemplated reform can in favour of a speedier remedy than now be much longer delayed. After Parlia- exists for enforcing the payment of bills of mentary Committees, Royal Commissioners, and the public Press have so strongly con demned the present system, we may reasonably expect that, in some form or other, a large measure of reform will take place at an early period.

exchange. If this really be the general wish of the public, in consequence of any existing grievance, the present period of 16 days under the Common Law Procedure Act may be shortened, and to prevent pleas for delay, the defendant may be reIn another Session we may also look quired to verify his defence by affidavit, to forward to important changes in the de- the same effect as would be required under partment of Conveyancing, and therewith the proposed Act to entitle him to go to it is probable an alteration will be effected trial.

ferred to a more convenient opportunity, either when they reappear on the table of the House, or are again brought into public notice.

in the mode of remunerating solicitors, The other Bills comprised in the precedproportioned to the skill and labour they ing statement, do not prominently affect bestow, and the responsibility they incur, the interests of the Profession, and the rather than the length of legal documents. consideration of them may therefore be deIf that change should be effected with regard to the transfer of property, it will probably be extended to suits in Equity and proceedings at Law. The projectors of the late Joint-Stock Trustees and Executors' Companies, may perhaps again make their appearance, but not with the imposing title of the South Sea Corporation, for its affairs, we understand, will be wound up forthwith.

We know not that the Profession need resist the proposed alteration of the law regarding the Succession to real Property where the owner dies intestate. Either by wills, or settlements, large landed estates are for the most part secured to the head of the family, and the proposed alterations would be limited to cases where no will or settlement existed. Forewarned of the change in the law, the "landed interest"

There are a few more Bills, the fate of which is not yet finally decided for the Session, to which we shall hereafter advert. In the Postscript will be found the latest information, at the time we go to press, of the state of the remaining Bills. The Court of Chancery Bill, relating to the Assessment of Damages, has been postponed; and in the other Bill, the Clauses for appointing "Clerks of Receivers' Accounts," have been struck out.

Whether these petitions are really spontaneous, or got up" by the promoters of the ceded the introduction of the measure. measure, does not appear. None of them pre

New Statutes effecting Alterations in the Law.

NEW STATUTES EFFECTING ALTE-
RATIONS IN THE LAW.

THE Acts of the present Session printed in the present Volume, with an Analysis to each, will be found at the following pages:

Income Tax, cc. 17, 24, pp. 46, 134, ante.
Commons' Inclosure, c. 9, p. 64.
County Court Extension, c. 16, 121.
Registration of Bills of Sale, c. 36, p. 216.
Warwick Assizes, c. 35,

p. 218.

275

with food as aforesaid, in like manner as any
penalty or forfeiture, or any damage or injury
might be recovered under and by virtue of any
of the powers or authorities in the said Act
contained, and which value of the food and
nourishment so to be supplied as aforesaid,
such justice was thereby fully authorised and
empowered to ascertain, determine, and en-
force as aforesaid; and every person who
should have so supplied such food and
nourishment as aforesaid should be at liberty,
if he should so think fit, instead of proceed-
ing for the recovery of the value thereof as
last aforesaid, after the expiration of seven
clear days from the time of impounding the

Attendance of Witnesses, c. 34, p. 235.
Evidence in Ecclesiastical Courts, c. 47, p. same, to sell any such horse, ass, or other

254.

cattle or animal, openly at any public market (after having given three days' public printed

Commons' Inclosure (No. 2), c. 48, p. 254. notice thereof) for the most money that could

CRUELTY TO ANIMALS.

17 & 18 VICT. c. 60.

The Preamble recites the 5 & 6 Wm. 4, c. 59, and 12 & 13 Vict. c. 92.

All persons who have impounded animals, and provided food, &c., since passing of 12 & 13 Vict. c. 92, or shall hereafter impound, &c., may recover expenses. Power to sell animals, &c., after being impounded seven days; s. 1.

Provision of 2 & 3 Vict. c. 47, as to the using of dogs for purposes of draught within the metropolitan district extended to all parts of the United Kingdom; s. 2.

Interpretation of terms; s. 3.

The following are the Title and Sections of the Act :

An Act to amend an Act of the Twelfth and Thirteenth Years of her present Majesty for the more effectual Prevention of Cruelty to [31st July, 1854.]

Animals.

be got for the same, and to apply the produce in discharge of the value of such food and nourishment so supplied as aforesaid and the expenses of and attending such sale, rendering the overplus (if any) to the owner of such cattle or animal; and any such persons as aforesaid neglecting or refusing to supply such cattle or animal with such food as aforesaid were made liable to certain penalties: and whereas by an Act passed in the session of Parliament holden in the 12 & 13 Vict., intituled "An Act for the more effectual Preven

tion of Cruelty to Animals," the said first recited Act and a certain other Act extending the provisions of the same to Ireland were repealed; and by the said Act of the 12 & 13 Vict., it was enacted, that every person who should impound or confine, or cause to be impounded or confined, in any pound or receptable of the like nature, any animal, should provide and supply during such confinement a sufficient quantity of fit and wholesome food and water to such animal, and every such person who should refuse or neglect to provide and supply such animal with such food and water as aforesaid should, for every such Whereas by an Act passed in the Session offence, forfeit and pay a penalty of 20s.; and of Parliament holden in the 5 & 6 Wm. 4, c. power is thereby given in case of neglect for a 59, intituled "An Act to consolidate and certain time to supply such food and water for amend the several Laws relating to the cruel any person to supply the same, and the reaand improper Treatment of Animals, and the sonable cost of such food and water is to be Mischiefs arising from the driving of Cattle, paid by the owner of such animal before such and to make other Provisions in regard there- animal is removed to the person who shall to," every person impounding any horse, ass, supply the same, and the said costs may be or other cattle or animal was required to sup-recovered in like manner as therein provided ply such cattle or animal daily with good and sufficient food and nourishment whilst impounded; and by the said Act every such person who should so find, provide, and supply any such horse, ass, or other cattle or animal with such daily food and nourishment as aforesaid should and might and they were thereby authorised to recover of and from the owner or owners of such cattle or animal not exceeding double the full value of the food and nourishment so supplied to such cattle or animal, by proceeding before any one justice of the peace within whose jurisdiction such cattle or animal should have been so impounded and supplied

for the recovery of penalties under the said Act: and whereas it is doubtful whether the last recited Act gives any remedy to the person impounding for the recovery of a compensation for the food and water provided for any animal, and no power is given to sell the animal, although full provisions for those purposes were contained in the said first recited Act: be it therefore enacted as follows:

1. Every person who since the passing of the said Act of the 12 & 13 Vict. has impounded or confined, or hereafter shall impound or confine as in the said Act mentioned, any animal, and has provided and supplied or

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