Proposed Saturday Half-Holiday.-Proceedings in Parliament.—Admission of Solicitors. 15 out themselves and their dependants long before the allotted period of human life. Bills of Exchange and Promissory Notes (consolidation).—Sir F. Kelly. Drafts on Bankers. Passed. Property Qualification. Mr. Murrough. Poor Removal.-Mr. Bouverie. For 2nd reading, May 2. Minister of Justice Department. Mr. Napier. Church Rates Abolition.-Sir W. Clay. In Committee, May 2. Church Rates.-Marquis of Blandford. For 2nd reading, May 21. "This system has been attended with lamentable consequences to all exposed to its sway, robbing them of their health, perverting their every social and generous feeling, crushing all noble aspirations, assisting to crowd our madhouses, and consigning thousands yearly to a premature, and all but necessarily unprepared-for, grave. It must have been so, involving, as it has, a direct violation of God's moral and physical laws, all of which say in effect, Thus far shalt thou go, and no farther.' "Thanks, however, to the valued assistance of the Pulpit and the Press, so kindly extended to the Early Closing Association, the public are gradually becoming awakened to a sense of this evil. It is also due to Employers to say, that they too, as a body, at length, more or less admit the system in question to be one of the greatest curses which afflict the trading classes. Reversionary Interests of Married Women. "The practical effect of this conviction,--Mr. Malins. For 3rd reading, May 8. that excessive labour, whether mental, physi- Specialty and Simple Contract Debts.-Mr. cal, or both conjoined, is attended with these Malins. For 2nd reading, May 22. disastrous results,-has been a marked im- Tithe Commutation Rent Charge.—Mr. R. provement in the hours of suspending business Phillimore. For 2nd reading, May 7. more or less in its every department, although Salaries of County Court Judges.-Mr. very much yet remains to be achieved ere the Roebuck. reformation in question can be affirmed to be complete." Marriage Law Amendment. Amended Formation of Parishes.-Marquis of Blandford. Re-committed for May 1. Advowsons.-Mr. Child. For 2nd reading May 21. Fire Insurances. For 2nd reading, May 2. Trust Property Criminal Appropriation.— Attorney-General. County and Borough Police.-Sir G. Grey. Re-committed with Amendments, May 2. Public Prosecutors.-Mr. J. G. Phillimore. In Select Committee. Offences against the Person (consolidation). Divorce and Matrimonial Causes. - Lord-Sir F. Kelly. Chancellor. For 2nd reading.. Aggravated Assaults.-Mr. Dillwyn For Mercantile Law Amendment.-Lord Chan- 2nd reading, May 7. cellor. Consideration of Amended Bills. May 2. Summary Jurisdiction of Justices of Peace. County Courts Act Amendment. - Lord-Mr. Locke King. For 2nd reading, May 8. Chancellor. For 2nd reading. Charitable Uses. For 2nd reading, May 2. House of Commons. Circuit of Judges.-Mr. Collier. Grand Juries, &c.-Mr. Locke King. Qualification of Justices of the Peace.-Mr. Colville. In Committee, May 5. Metropolis Management Local Act Amend Leases and Sales of Settled Estates. For ment. Attorney-General. In Committee, 2nd reading, May 9. Law of Partnership (No. 2).-Mr. Lowe. For 2nd reading, May 2. Re Joint-Stock Companies.-Mr. Lowe. committed, with amendments, May 2. Shipping Tolls, &c., Abolition. Mr. Lowe. In Select Committee. Judgments, Execution, &c.-Mr. Craufurd. Amendment of Procedure and Evidence. Ecclesiastical Courts.-Mr. Collier. For 2nd reading, May 5. Testamentary Jurisdiction transfer to distinct Court.-Mr. Mullings, after Easter. May 9. London Corporation.-Sir G. Grey. For 2nd reading, May 9. ADMISSION OF SOLICITORS. THE Master of the Rolls has appointed Thursday, the 8th May, 1856, at the Rolls Court, Chancery Lane, at 4 in the afternoon, for swearing Solicitors. Every person desirous of being sworn on the above day must leave his Common Law Admission or his Certificate of Practice for the current year at the Secretary's Office, Rolls Yard, Chancery Lane, on or before Wednesday, the 7th May instant. 16 Selections from Correspondence.-Notes of the Week. SELECTIONS FROM CORRE- on these subjects. Instead of an increase of 239 to the present number of Attorneys, the actual number examined this Term was 88 ! The number of Attorneys has not increased during the last 10 years more than one in a thousand, although both the wealth of the country and its population has increased nearly 15 per cent., or 150 per thousand. There is consequently a decline in the number of Attorneys, occasianed, no doubt, by the decrease in their emoluments." quondam attorney, if not improper? Certainly JUSTICES OF THE PEACE QUALIFICATION such things ought not so to be. The matter may be worth the consideration of the Law Society. I doubt whether some notice should not be taken of it. BILL. We are informed that Mr. Colville, who brought in this Bill, has acceded to the amendment proposed in the petition of the Incorporated Law Society,-enabling Attorneys and Solicitors to be County Magistrates, but precluding them (as was proposed) from acting in any County where they or their partners carry on business, either at the General or Petty Sessions or before any Justice of the Peace. We understand also, that the Government have no objection to this amendment, as so modified. NOVEL CONTRACT BETWEEN SOLICITOR AND COUNSEL. "A Country Solicitor of rather extensive [The Letters of B.; "Amicus;" and J. W. L., Coveyancing Practice, is desirous of agreeing are unavoidably postponed.] NOTES OF THE WEEK. RESULT OF THE EASTER TERM EXAMI THE printed Lists for this Term comprised the names of 83 Candidates, but a considerable number to be examined were not included in the Admission Lists, the total being 116. Of these not more than 93 completed their testimonials. The Examiners met on Tuesday; viz.-Master Gordon, Mr. Bolton, Mr. Cookson, Mr. Leman, and Mr. Murray. Five of the Candidates did not attend; and the result has been that 77 were passed and 11 postponed. INCREASE OF ATTORNEYS. Under the head of " Plague of Locusts," the caterer for the Morning Chronicle of 24th April states, that "on Tuesday notices required by the Act were given in the Court of Queen's Bench to the number of 239 to be placed on the Roll of Attorneys, already numbering up wards o. 10,000.” The proprietors or editor should employ some person to collect accurate information with a safe and experienced Barrister for the perusing of his Abstracts and drawing his Drafts, both complicated and simple, and will be glad to communicate confidentially on the subject with any Gentleman who will address A. E. (No. 682), Law Times Office, 29, Essex Street, Strand." [Is this to be a partnership between the Solicitor and the Barrister? or is the Barrister to be paid a fee in gross, and the Solicitor apportion it amongst his clients? What next?] SATURDAY HALF-HOLIDAY. At 10 minutes past 3 o'clock on the 26th April, Lord Campbell inquired whether any gentleman had any motion to make. As no one rose, his lordship and the other Judges rose from their seats, and Mr. Ching, the chief usher, made the usual proclamation of "Void the bar." Court are known to all the world as delighting Lord Campbell and the other Judges of this in hard work, but we trust that this first step in the right direction, though a small one will not be without its effect, not only as an example, but also as a precedent for a further advance in the same direction. We happen to know that it was most cordially appreciated by the Bar, whose gratitude in this matter is not Notes of the Week.-Superior Courts: Court of Chancery. unlike that of the politician, which consisted in "a lively expectation of benefits to be received."-From the Times of 28th April. COMMON PLEAS SITTINGS. This Court did not sit on the 26th April, their Lordships being in the Court of Criminal Appeal in which Court it was announced that judgment would be delivered on Saturday next in those cases which were then standing over for judgment. EXCHEQUER OF PLEAS. This Court rose at 2 o'clock on the 26th April, in consequence of the absence of counsel in several cases in the New Trial Paper. At its rising, LAW APPOINTMENTS. 17 Thomas Sydenham Clarke, Esq., Barristerat-Law has been appointed a Justice of the Peace for the Liberties of the Cinque Ports. Mr. Philip Hitchen Palmer, Solicitor, Norwich, has been appointed Deputy Coroner for the Norwich District of the County of Norfolk. Mr. John Michael Blagg, Solicitor, has been appointed Clerk to the Commissioners of Land and Assessed Taxes for the newly formed division of Cheadle, Staffordshire. Mr. E. Grey has been appointed Second Assistant to the Accountant-General to the Government of India.-Civil Service Gazette. The Queen has been pleased to appoint Francis Offley Martin, Esq., William Davey Boase, Esq., and John Simons, Esq., to be additional Inspectors for the purposes of the Charitable Trusts Acts. The Lord Chief Baron said, that as this was the second occasion on which this Court had inadequately employed the day for the same The Queen has been pleased to confer the reason, he wished to give notice that on Tues-honour of Knighthood upon William Henry day Mr. Baron Martin would attend, when the Holmes, Esq., of the Civil Service, British Court would dispose of those cases in the New Guiana. From the London Gazette of 22nd Trial Paper in which Mr. Baron Bramwell had April. been engaged as counsel, and that after those were heard the cases would be peremptorily taken in their order. If the parties should fail to appear in any case, the Court would read the report and decide the point as best they might, leaving the parties to their appeal, if any existed, it being determined that no excuse for the absence of counsel would be accepted. Mr. Baron Alderson.-The Judges are in attendance ready to do their work, and it is a great shame that the suitors should be delayed in this way. From the Times of 28th April. The Queen has been pleased to appoint Alan Ker, Esq., now Chief Justice of the island of Nevis, to be Chief Justice of the island of Dominica; and David Cameron, Esq., to be Chief Justice of Vancouver's Island.From the London Gazette of 29th April. John Reilly, Esq., son-in-law of Lord St. Leonards, and formerly Secretary to the Master of the Rolls, has been appointed Deputy Keeper of the Rolls in Ireland, in the room of Mr. Robert Wogan, resigned. Mr. W. R. C. Smith, son of the Master, has succeeded Mr. Reilly as Secretary to the Master of the Rolls in Ireland.-Times. RECENT DECISIONS IN THE SUPERIOR COURTS. Court of Chancery. (Coram Lord Chancellor and Lords Justices.) Martineau v. Rogers. April 26, 1856. WILL.-CONSTRUCTION.-LIFE INTEREST IN LEGACY. the parent's legacy, as by his will directed; if either of his said nephews before his legacy no will, equally; but in case of the death of was payable his legacy to go to the survivor of his said nephews. It appeared that both the nephews had attained 21 but had no issue, and under the 13 & 14 Vict. c. 35, as to the inthe question now arose on this special case terest they took under the will. A testator, by his will, gave a sum of money to each of his two nephews if they should respectively survive and attain the age of 21, when the legacies were to be paid. In case of the death of either of such nephews leaving issue, such issue to take the parent's legacy as by his will directed; if no will equally; but in case of the death of either of his nephews before his legacy was In re Palmer, exparte Crabbe and another. payable his legacy to go to the survivor: Held, that, on both the nephews attaining 21 but having no issue, they were only entitled to the income of the legacies for life. THE testator, by his will, dated March 20, gare 2,000l. to each of his two nephews, if they should respectively survive and attain the age of 21 years, when the legacies were to be paid. In case of the death of either of his said nephews leaving issue such issue to take Elmsley and Boyle for the nephews; Daniel and Pigott for the trustees. The Court said, that the nephews were only entitled to the income of the legacies for life. April 26, 29, 1856. APPEAL, ALTHOUGH NO ORDER OF AD- Held, that the Court of Appeal in bank- Chancery.—V. C. Kindersley. review his own decision or that of his predecessor in office, as to the liability of a person to be a contributory generally and not with a qualification, and although no new facts are brought forward. THIS was a motion to reverse the decision of Master Richards that he would reconsider and review the finding of Master Kindersley in 1851, placing the name of Viscount Curzon on the list of contributories in respect only of any liability incurred on the particular day when he was present at and was elected a member of the managing committee. It was now sought to make the appellant generally liable, and the Master had held he was bound to review the former decision in accordance with Spottiswoode's case, 3 Eq. Rep. 681. Glasse and De Gex in support; Roxburgh for the official manager; Greene for contributories, contrà, referred to the 12 & 13 Vict. c. 108, s. 17, which enacts, that "it shall be lawful for the Master from time to time to reconsider and review any order or proceeding which may have been made by or may have taken place before him under the said Act, upon such terms and in such manner as he thinks fit." THIS was an appeal from the decision of Mr. Commissioner Balguy, of the Birmingham District Court, refusing to adjudicate as bankrupt under the 12 & 13 Vict. c. 106, s. 69, William Palmer, a surgeon and apothecary, who had been taken into custody under a ca. sa. and subequently removed under a coroner's warrant on a charge of felony. The question was raised, on a previous hearing before the Lords Justices (reported ante, vol. 51, p. 350), and reserved for the consideration of the full Court, whether this Court had jurisdiction under s. 12, which enacts, that "the Court, in the exercise of its primary jurisdiction by virtue of this Act, shall have superintendence and control in all matters of bankruptcy, and shall hear, determine, and make order in any matter of bankruptcy whatever, so far as the assignees are concerned, relating to the disposition of the estate and effects of the bankrupt,-or of any estate or effects taken under the bankruptcy and claimed by the assignees for the benefit of the creditors,-or re- The Vice-Chancellor said, that, irrespective lating to any acts done or sought to be done of the Winding-up Acts, the Master had power by the assignees in their character of assignees under Order 68 of April 3, 1828,' upon speby virtue or under colour of the bankruptcy,cial grounds, to review his own decision or and also in any matter of bankruptcy whatever the prior one of another Master in the same as between the assignees and any creditor or other person appearing and submitting to the jurisdiction of the Court; and also in any application for a certificate of conformity, and in any other matter (whether in bankruptcy or not) where the Court by virtue of this Act has jurisdiction over the subject of the petition or application, save and except as may be by this Act otherwise specially provided,-and subject in all cases to an appeal to such one of the Vice-Chancellors of the High Court of Chancery as the Lord Chancellor shall from time to time be pleased to appoint to sit in bankruptcy." De Gex for the bankrupt. The Court (without calling on Daniel and A. Smith for the petitioners) said, that the hearing of the appeal on the merits ought to proceed. And in giving judgment (April 29) on the remaining points of trading and act of bankruptcy, said that the Court of Appeal had full jurisdictiou to declare whether in their opinion, upon the evidence, the Commissioner could have made an adjudication, and to remit the matter to him with a declaration if the evidence was thought sufficient. Vice-Chancellor Kindersley. In re London, Birmingham, and Buckingham- DECESSOR IN OFFICE. Held, that the Master has power, irrespective of the 12 & 13 Vict. c. 108, s. 17, under the 68th Order of April 3, 1828, to office. Nor was it necessary for that purpose that any new facts should be brought forward, or to show that a different view had been taken of the existing law, but he was justified under the order in deciding that he would reconsider a former decision if he thought the matter had not on the former occasion been properly presented. The motion would therefore be refused, without costs,-the costs of the official manager to come out of the estate. Chauntler v. Easton. April 24, 1856. ORDER FOR RECEIVER.-REFUSAL OF PARTY Upon the party named in an order as a re- Welford in support; Speed and Crouch for other parties. The Vice-Chancellor said, that as parties tipt I Which directs, that "no warrant to review any proceeding in the Master's office shall be allowed to be taken out, except by permission of the Master, upon special grounds to be shown to him for that purpose; and the costs of such review, when allowed, shall be in the discretion of the Master, and shall be paid by and to such persons and at such time as he shall direct." Superior Courts: V. C. Kindersley.-V. C. Stuart.--Queen's Bench. 19 sui juris might be interested the order should | 110, s. 14,' to make absolute an order charging be carried out by summons at Chambers. Blundell v. Blundell. April 28, 1856. WILL. — CONSTRUCTION. — APPOINTMENT UNDER POWER.-VOID CONDITION. A testator having a power to appoint by will among all his children at such ages, not being after 21 years from his death, by his will appointed under the power among all his children except two, who had become nuns, and he declared that any child for the time being entitled to any share of the trust funds becoming a nun, should not be entitled to any part thereof. All the children had attained 21 at the testator's death, but one, afterwards contemplated becoming a nun: Held, that the condition was void as to her, and that she was entitled to her share. THE testator, having power under his marriage settlement to appoint certain moneys among all his children, at such ages not being after 21 years from the time of his decease, as he should appoint, by his will appointed in pursuance thereof the funds amongst all his children except Catherine and Clementina, who had become nuns, and he declared that no child or children for the time being entitled under any of the trusts contained in his will who should embrace a religious life by joining any religious community, should be entitled to any part of the trust fund. It appeared that there were six children surviving at the testator's death (including the two who were excluded from the trust), all of whom had attained the age of 21, and that Anna Maria, one of them, had received her share from the trustees, and the question now arose, upon her intending to become a nun, whether such share was repayable to the trustees. F. Riddell, H. M. Riddell, and Turner, for the several parties. The Vice-Chancellor said, that as she had attained 21 she had an absolute vested interest in the sum payable under the execution of the power, and that the condition was therefore inoperative against her. Vice-Chancellor Stuart. In re Royal Bank of Australia, exparte the FOR CALL ON CONTRIBUTORY. company. 400 shares in an insurance company, standing in the name of a contributory to the above bank, with the payment of the balance due from her on an order for a call made by the Master on her towards the liabilities of the concern. Roxburgh, for the official manager, in support; Malins, for the insurance company, claimed a prior lien. The Vice-Chancellor granted the motion, but without prejudice to any question of priority of lien claimed by the insurance company. Court of Queen's Bench. Powles v. Hyder. April 17, 25, 1856. MASTER AND SERVANT.-CAB PROPRIETOR'S LIABILITY FOR LOSS OF PASSENGER'S GOODS BY DRIVER'S NEGLIGENCE. Held, discharging a rule to set aside verdict for a plaintiff, and enter it for the defendant, that a cab proprietor is liable to a passenger for the loss of his goods through the negligence of the driver, whatever may be the arrangement as to the mode in which such driver is remunerated. THIS was a rule nisi to set aside the verdict for the plaintiff and enter it for the defendant, in this action which was brought to recover from a cab proprietor the value of certain goods lost by the plaintiff whilst riding in his cab, through the negligence of the driver. It appeared on the trial before Lord Campbell, C. B., that the defendant received 14s. 6d. per day from the driver for the use of the cab and two horses, which he fed, but that the driver kept all the money he earned beyond that sum. Hugh Hill showed cause; Bovill and Holland in support. Cur. ad. vult. The Court said, the question was, whether the driver could be considered, under the circumstances, as the defendant's servant, so as to render him liable for the driver's negligence. If the driver had been paid by wages, there Which enacts, that "if any person against whom any judgment shall have been entered up in any of her Majesty's Superior Courts at Westminster shall have any " "stock or shares of or in any public company in England (whether incorporated or not) standing in his name in his own right, or in the name of any person in trust for him, it shall be lawful for a Judge of one of the Superior Courts, on the application of any judgment creditor, to order that such 99 66 shares, or such of them or such part stand charged with the payment of the amount thereof respectively as he shall think fit, shall for which judgment shall have been so recovered, and interest thereon," &c.; and s. 18 provides, that "all decrees and orders of Courts of Equity," whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the Superior Courts of THIS was a motion under the 1 & 2 Vict. c. Common Law." |