« EelmineJätka »
Law of Costs.-Barristers Called.--Selections from Correspondence.
165 saying that it is taxable by a different James Cottingham, Esq. officer, on the same principles; and it is
Charles Parker Butt, Esq. admitted that there is no taxing officer
Leonard Stewart, Esq. in the Registration Court.
Charles Wethered Willett, Esq., M.A. “I was struck with the observation, that
Charles John Hill, Esq., B.A.
James Drummond Griffith, Esq., B.A. the Bill delivered was not in a form fit
Joseph Robert Monkhouse, Esq., B.A.
Mountstuart Elphinstone Grant Duff, Esq.,
M.A. OF TRUSTEE APPOINTED PENDENTE LITE.
Hans William Sotheby, Esq., B.A. Pending a suit to remove the surviving
Henry Latham, Esq., B.A. trustee of a will, on the ground of misconduct,
Charles North, Esq., B.A.
John Dawson Mayne, Esq. and for the appointment of a new trustee in his Thomas Joseph Torr, Esq., B.A. stead, such trustee appointed Mr. Rigby a
William Bachelor Coltman, Esq. trustee under a power vested in him, and the
George Moubray Sutherland, Esq. new trustee was afterwards made a party to the
Charles James Watkin Williams, Esq.
Henry Bruce Arnaud, Esq. sait. Mr. Rigby, who did not object, was removed at the hearing together with the defendant.
Nov. 17. The Master of the Rolls said—“ I can neither give nor make Righy pay costs. A
Michael Maxwell Philip, Esq. gentleman before being appointed trustee is
John Dunbar, Esq., B.A.
Palmer, Esq., LL.B.
GRAY'S INN. trustee was about to leave the country for a
Nov. 17. considerable time, and that the cestuis que
Robert Baker Jones, Esq. trust charge him with a misapplication of the estate, and knowing this, he consents to be
SELECTIONS FROM CORREcome a trustee without any communication
SPONDENCE. with the cestuis que trust.
LAW PARTNERSHIP-REMEDY FOR WANT “I think that a person thrusting himself, as it were, into a trust, was bound to inquire into the existing circumstances ; and though I am written articles. The partnership was dis
A. and B. were partners in the law under always disposed to give trustees their costs, solved nine years ago by the usual notice in considering the arduous and important duties the Gazette. A. was to receive and pay all they have to perform, I think that a party act- debts. The parties mutually "engaged" by ing in this manner is not entitled to any costs." an agreement in writing cotemporaneous
with the dissolution, to deliver an account to Peatfield v. Benn, 17 Beav. 522.
the other of all moneys received, and to pay
over to A. the amount receivable by him. B., BARRISTERS CALLED.
notwithstanding repeated demands and notices
in writing from A., refuses to deliver any acMichaelmas Term, 1854.
count, although it can be proved that he has
received many large sums on account of the LINCOLN'S INN.
firm, but above six years ago. Nov. 17.
Has A., notwithstanding the lapse of time, Alexander Edward Miller, Esq., B.A. a remedy against B.? and should it be by John Westlake, Esq., M.A.
action of account, so as to apply for a comHerbert Coleridge, Esg.
pulsory reference under the recent regulations, Charles Piffard, Esq., B.A.
or by a bill or claim in Equity, or would an
Professional Lists.- Post-Ofice Regulations.—Noles of the Week. application to the Court of Queen's Bench be Wright, Newenham Charles, and John Keep desirable to compel B., as an attorney, to per. Weedon, 4, Furnival's Inn, Holborn, Attorneys, form his engagement ?
Solicitors, and Conveyancers. Dec. 22. December 21, 1854.
A good and honourable land agent is a most
MONEY ORDERS. important person in the management of landed property. I wish to learn from your more ex
1. On and after the 1st of January next, the perienced correspondents what is the practice rule requiring the payment of an additional of delivering up documents, vouchers, and commission for a duplicate money order, or papers when the land agent ceases to be such for a transfer from one office to another, &e, or dies.
will be extended to cases of alteration in the I have heard of recent instances—one where name of the remitter or payee. the whole of the agency papers were burnt or
2. The payment of the additional commisdestroyed by the agent, and in another case and 6d. on all sums between 21. and 5l. must
sion, viz. 3d. on all sums not exceeding 21., where, although a small part was delivered up: be invariably made by postage stamps transe yet vouchers of settled accounts and the whole of the other papers were detained.
mitted with the application; and unless the This is a most important subject, the more it amount be so transmitted, the application will is considered, for landed proprietors, – many do
not be complied with. not keep copies.
3. All applications upon this subject must he addressed to the Controller of the London,
Dublin, or Edinburgh Money Order Ofice, PROFESSIONAL LISTS. according as the order was issued in England
(or Wales), Ireland, or Scotland.
4. The errors which often make alterations Appointed under the Fines and Recoveries' Act, in money orders necessary may be avoided by with dates when gazetted.
the use of the printed forms of application Cochrane, William, Grantham, in and for
which are sold at all Money Order Offices at the Borough and Stoke of Grantham, with its the rate of five for one halfpenny, and by the limits in the county of Lincoln, also in and for applicant always examining his order before the parts of Kesteven in the same county. Dec. quitting the issuing office. .
(Signed) ROWLAND Hill, Sec. Curtis, Harry Porter, Romsey, in and for the
December, 1854. county of Hants. Haines, George James, Parringdon, in and
NOTES OF THE WEEK. for the county of Berks. Dec. 22.
Welsby, William, Ormskirk, in and for the inconvenience of the CITY COURTS OF county of Lancaster. Nov. 21.
During the progress of the cause of Parnell v. Goater, on the 21st December,
at Guildhall, Lord Campbell frequently conAppointed under the 16 & 17 Vict. c. 78, with leading into the body of the Court might be
plained of the noise, and directed that a door dates when gazetted. Davis, Edward Marsh, Ross. Dec. 5.
kept closed. The order not having been Houchen, John, jun., Thetford. Dec. 1.
obeyed, his lordship directed that the usher who had charge of the door should be brought before him. He was accordingly sent for, but it appeared he was not to be found at his post.
Lord Campbell.—"The manner in which From 21st Nov. to 22nd December, 1854, both other reforms there must be a reform in the
these Courts are kept is disgraceful. Amongst inclusive, with dates when gazetted. Courts, or I will adjourn the sittings to the Clough, Thomas William, and Alfred Ban- other end of the town. It is the duty of the toft, Huddersfield, Attorneys and Solicitors, city to provide proper attendants to preserve Dec. 1.
order and keep persons in their proper places
. Rogerson, Thomas, and John Radeliffe, Li- For myself, I will say, I do not care if the verpool, Attorneys and Solicitors. Dec. 5. Courts are removed from the city altogether
, Rolt, Frederick, and Charies Etherington, 4, and I shall certainly make that proposal.Skinner's Place, Sise Lane, Attorneys, "Solici- From The Daily News, 22nd December, 1854. tors, and Conveyancers. Dec. 1.
Skerratt, James, and Joseph Remer, Sand- NEW MEMBERS OF PARLIAMENT. back, Attorneys and Solicitors. Nov. 21. Vardy, William Stoughton, and James Fre-- the room of Henry Stuart, Esq., deceased.
William Stuart, jun., Esq., for Bedford, in derick Delmar, 7, Finsbury Square, Attorneys, Sir Joseph Paxior, Knight, for Coventry, in Solicitors, and Conveyancers. Nov. 24. the room of Charles Geach, Esq., deceased.
COUNTRY COMMISSIONERS TO ADMINISTER
OATHS IN CHANCERY.
DISSOLUTIONS OF PROFESSIONAL PART
Notes of the Week.-Superior Courts : Rolls.-7. C. Kindersley.
167 Joseph Haythorne Reed, Esq., for Abingdon,
LAW APPOINTMENTS. in the room of Montagu Bertie, Esq. (commonly called Lord Norreys), now Earl of for Scotland, will be appointed to the vacant
Mr. Craufurd, the present Solicitor-General Abingdon, summoned to the House of Peers.
seat upon the Bench caused by the death of Robert Stayner Holford, Esq., for the Eastern Lord Rutherfurd. There being at present an Division of the county of Gloucester, in the Earl of Crawford, he will therefore take his room of Sir Michael Hicks Hicks Beach, Bart., seat as Lord Ardmillan, decased.
Thomas Makenzie, Esq., the Sheriff of Ross, Hugh Fortescue, Esq., commonly called obtains, with the full satisfaction of the ProViscount Ebrington, for Marylebone, in the fession, the gown of Solicitor-General. room of Dudley Coutts Stuart, Esq., com- Mr. Philip Smith Sparling, of Colchester, monly called Lord Dudley Coutts Stuart, de- has been appointed Clerk to the Burial Board ceased.
of St. Osyth, Essex.
RECENT DECISIONS IN THE SUPERIOR COURTS,
Master of the Rolls.
vide the proceeds equally between his children Earle v. Ferris. Nov. 13, 1854. living at the death of the tenant for life, or
such others as would have been entitled at the SUIT BY HUSBAND CLAIMING PROPERTY PURCHASED BY WIFE.PARTIES.
death of their parents. It appeared at the death
of the tenant for life, who survived the testator, Held, that the wife is not a necessary party that there were two children (the present plain
to a suit by a husband against her trustee tiffs) surviving, and a grandson (the defendant)
was substitutional, and the gift only opeThis bill was filed by the plaintiff against rated on the testator surviving the tenant for his wife and her trustee, for a declaration that life, and the defendant was not therefore encertain property, which she had purchased out titled. of her savings, and had had conveyed in trust for herself, was held by the trustee in trust for
Vice-Chancellor Kindersley. the plaintiff.
Palmer and Batten appeared in support of a Jenkins v. Bryant. Nov. 9, 1854. demurrer by the wife.
ORDER OF COURSE TO CHANGE SOLICITOR Sandys for the plaintiff, contrà.
-DISCHARGE-SUPPRESSIO VERI. The Master of the Rolls said, that in accordance with Davis v. Prout, 7 Beav. 288, the
An order was obtained at the Rolls as of demurrer must be allowed, as a wife could only
course to change the solicitor on the re
cord: be made a defendant to a suit by her husband
: upon ils appearing that there was a in respect of her separate estate.
special agreement, which had not been stated on the order being obtained, it was
discharged with costs. Millar v. Chapman. Dec. 4, 1854.
This was a motion to discharge an order, WILL.-CONSTRUCTION.-“or."
SUBSTI. which had been obtained as of course at the
Rolls, to change solicitors in this case. It apA testator, by his will, devised certain pro-peared that there was a special agreement
perty, to which he was entilled upon the which had not been stated on the order being
Glasse and Bennett in support, Toller
Jenkins v. Vaughan. Dec. 7, 1854. child whose father pre-deceased the tenant SUBPÆNA TO HEAR JUDGMENT. for life, although he survived the testator.
ON DEFENDANT'S The testator, by his will, dated in July, 1815, devised certain property, to which he was en- Leave given to substitute service of the subtitled upon the death of a tenant for life, to pæna to hear judgment on a defendant, trustees in trust to convert the same and to di- whose solicitors had, by leave of the Court,
PEAL FROM REFUSAL OF RULE NISI.
168 Superior Courts: V. C. Kindersley.-V. C. Stuart.- Queen's Bench.-Common Pleas. been served with the copy bill, and where,
Court of Qucen's Bench. on their not appearing, the plaintif had Gurney and others v. Womersley. Nov. 13, entered an appearance and no answer had
1854, been put in.
COMMON LAW PROCEDURE ACT, 1854.-APThis was a motion for leave to substitute the service of the subpæna to hear judgment The Court refused a rule nisi to set aside the on a defendant, whose solicitors had, by leave
verdict for the plaintiffs and to enter a nonof the Court, been served with the copy bill,
suit, upon a point of law, which was well and on their not appearing, the plaintiff had
established, and it appeared that none of obtained leave to enter an appearance, but no the Court entertained any doubt on the rea answer was put in.
fusal of the rule : Held, that an appeal W.W. Cooper, in support, referred to the 15 would not be granted under the 17 & 18 & 16 Vict. c. 86, s. 26, which enacts, that “in
Vict. c. 125, s. 35, and that it was in the suits in the said Court commenced by bill, discretion of the Court to refuse the appeal. where notice of motion for a decree or decretal order shall not have been given, or having Vict. c. 125, s. 35, for leave to appeal from the
This was an application under the 17 & 18 been given where a decree or decretal order decision of this Court refusing a rule nisi to set shall not have been made thereon, issue shall aside the verdict for the plaintiffs and enter a be joined by filing a replication in the form or
nonsuit (reported ante, p. 39). to the effect of the replication now in use in the
Bramwell in support.
Cur. ad. vult. said Court; and where a defendant shall not have been required to answer and shall not cient doubt expressed by any Judge, the appeal
The Court said, that where there was suffihave answered the plaintiff's bill, he shall be
was a matter of right, but otherwise it was disconsidered to have traversed the case made by the bill,” and to the 28th Order of August 7; peal would have been allowed, although the
cretionary. If the point had been new, an ap1862, directing that, where a defendant shall Court had been unanimous, but as this was not have been required to answer, and shall not
not the case, the application must be refused. have answered the plaintiff's bill, so that under the 15 & 16 Vict. c. 86, s. 26, he is to be con
Court of Common Pleas. sidered as having traversed the case made by the bill, issue is nevertheless to be joined by Goatley v. Emmott. Nov. 14, 1854. filing a replication in the form or to the effect security for costs-ACTION of the replication now in use."
VENT AFTER ASSIGNMENT OF DEBT. The Vice-Chancellor made the order as asked,
A Judge's order was obtained in an action by in accordance with Barton v. Whitcomb, 23
an attorney to recover the amount of his Law J., N.S., Ch. 523.
bill of costs, on him to find security for
costs on the ground of his insolvency and Wice-Chancellor Stuart.
assignment of the debt : A rule was reBarford v. Barford. Nor. 15, 1854.
fused to set aside the order.
This was a motion for a role nisi to set or aside an order of Crowder, J., calling on the
plaintiff, who was an attorney, to give security
for costs in this action to recover the amount Held that the signature of counsel is not of his bill of costs, on the ground he was
necessary to a claim to enforce the specific insolvent and had assigned the debt.
F. D. M. Dawson in support.
The Court said, that in accordance with the
recent decision of Perkins v. Adcock, 15 Lav It appeared on this claim coming on for J., N. S., Exch. 7, the application must be rehearing, and which was filed to enforce the fused, although some of the older cases might specific performance of an agreement for the be inconsistent with the latter case. sale of real estate, that it had not been signed, although prepared by counsel.
1 Which enacts, tbat“ in all cases of motions E. Vansittart Neale, in support, referred to for a new trial upon the ground that the Judge 1st order of April 22, 1850, section 8.' has not ruled according to law, if the rule to
The Vice-Chancellor held, that the signature show cause be refused, or if granted be then of counsel was unnecessary.
discharged or made absolute, the party decided
against may appeal, provided any one of the 1 Which directs that “ any person seeking Judges dissent from the rule being refused, or equitable relief may, without special leave of when granted being discharged or made absothe Court, and instead of proceeding by bill of lute, as the case may be, or provided the Court complaint in the usual form, file, or claim in in its discretion think fit that an appeal should the Record and Writ Clerks' Office," “ in any be allowed; provided that where the applicacase where the plaintiff is or claims to be" "ation for a new trial is upon matter of discretion person entitled to the specific performance of only, as on the ground that the verdict was an agreement for the sale or purchase of any against the weight of evidence or otherwise, DO property, seeking such specific performance. such appeal shall be allowed."
CLAIM FOR SFECIFIC PERFORMANCE
AGREEMENT TO SELL REAL ESTATE.
The Legal Observer,
"Still attorneyed at your service."-Shakespeare.
SATURDAY, JANUARY 6, 1855.
REGISTRATION OF TITLES. every species of incumbrance, -one single
deed conveying the fee simple will alone be ONE of the most important questions entered. If trustees be appointed in whom now under the consideration of the mem- the parties beneficially interested have full bers of the Profession, in both its branches, confidence, no caveat, distringas, or inhiis that of the Registration of the Title to bition need be entered on the register. landed Property.
A mortgagee would, of course, be advised It was truly stated in the Petition of the to lodge an inhibition, but the entry would Incorporated 'Law Society in 1851, that be short. The deed effecting the incum“the subject of a General Registration of brance would be produced to the Registrar Assurances has occupied, at intervals, the and marked. attention of some of the greatest minds that In a large class of instances, however, ever adorned the Bench or Bar of this though the entries would be concise, they country, from the time of Lord Bacon to would be as numerous as they are now, for the present day, but hitherto no scheme has parties entitled in reversion or remainder been suggested which was not open to in- who had not the same confidence in the superable objections.”
trustees as the tenants for life, would proIt seems now to be generally acknow- bably avail themselves of the right of enterledged that it is impossible to frame a safe ing their claims on the register ; and wherand satisfactory scheme for the registration ever a sale or mortgage took place by the of all deeds and instruments relating to reversioner, an inhibition would, of course, land. The advocates of a General Register be entered. appear to have given up that comprehensive In all these cases we must assume there design as altogether impracticable, and would be no mistake in making the proper turned their attention to a mere register of entry, nor in due notice being given in case the holder of the legal estate, after the man- any application should be made to create ner of the stockholder in the Government another charge on, or to dispose of, the Funds.
property. Great care will, of course, be The proposed reform of the Law is now requisite in giving and proving the proper avowedly directed to the diminution of the notices before the charge on the register expense of all dealings and transactions with could be removed. landed property. The complaint is that There can be no doubt that several of the the costs of investigating a title to, and com- objections which were urged against a Gepleting the conveyance of, an estate consti- neral Register of Deeds, are avoided by the tute a grievous and unnecessary burden new plan. The parties will be enabled to upon land, which ought to be diminished. keep possession of their own deeds, declar
The new plan for effecting this object is ing the trusts on which the legal estate is simple and ingenious. Instead of entering held, and the family arrangements and peon the Register every deed in any way af- cuniary transactions of the parties will not fecting the title to the property :-wills, be exposed to interested opponents or idle settlements, trusts, rent-charges, mortgages, curiosity. egitable as well as legal, contracts, and Looking, however, at the vast magnitude VOL. XLIX.