Abbildungen der Seite
PDF
EPUB

BEST ON THE PRINCIPLES OF EVIDENCE.
Recently published, price 17. 5s., in Svo., cloth bds., the Second Edition of

THRING'S SUCCESSION DUTY ACT.
This day is published, in 12mo., price 5s. 6d. cloth,
duction, explanatory and illustrative Notes, and an Index. By
HENRY THRING, M. A., Barrister at Law.

A TREATISE on the PRINCIPLES of EVIDENCE THE SUCCESSION DUTY ACT, 1853; with an Intro

and PRACTICE as to PROOFS in COURTS of COMMON LAW; with Elementary Rules for conducting the Examination and Cross-examination of Witnesses. By W. M. BEST, A. M., LL. B., of Gray's-inn, Esq., Barrister at Law.

S. Sweet, 1, Chancery-lane.

POLLOCK'S PRACTICE OF THE COUNTY COURTS.

In 1 vol. royal 12mo., price 18s. cloth boards,

THE PRACTICE of the COUNTY COURTS; in Eight Parts: 1. Proceedings in Plaints.-2. Jurisdiction under Friendly and Industrial and Provident Societies Acts.-3. Jurisdiction under Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent Debtors.-5. Jurisdiction under Protection Acts.-6. Proceedings against Judgment Debtors.-7. Arrest of Absconding Debtors.-8. Administration of Charitable Trusts. With the Decisions of the Superior Courts, and Table of Fees. Also an Appendix, containing all the Statutes, a

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
This day is published, in 8vo., price 17. 11s. 6d. boards

nd

Seco the Sta

TILSLEY'S TREATISE on the STAMP LAWS,
Edition, with new Tables, and a Supplement, containing
tutes and Cases to the present time, and a new Index to the whole. By
HUGH TILSLEY, Esq., Assistant Solicitor of Inland Revenue-

Also, in 8vo., price Ss. boards,
TILSLEY'S STAMP ACTS of 1850 and 1853, with
Tables of all Stamp Duties now payable. Fourth Edition.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Just published, in foolscap 8vo., cloth boards, price 2s. 6d.,

List of the Court Towns, Districts, and Parishes, and the Rules of OATHS in CHANCERY-PRACTICAL DIRECTIONS

Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of the Inner Temple, Barrister at Law. The Second Edition, much enlarged.

S. Sweet, 1, Chancery-lane.

THE NEW LAW OF EVIDENCE.
Price 38. boards,

to "COMMISSIONERS to ADMINISTER OATHS in CHANCERY;" being a Collection of officially-recognised Forms of Jurats and Oaths; with Explanatory Notes and Observations. By THOMAS W. BRAITHWAITE, of the Record and Writ Clerks' Office.

These Forms and Directions (a strict compliance with which will insure the validity of the oath) will be found as serviceable to Solicitors as to all persons authorised to administer oaths in connexion with pro

A TREATISE on the POWER of the COURTS of COM-ceedings pending in the Court of Chancery.

MON LAW to compel the Production of Documents for Inspection; with an Appendix, containing the Act to Amend the Law of Evidence, 14 & 15 Vict. c. 99, and Notes thereto. By CHARLES EDWARD POLLOCK, Esq., of the Inner Temple.

S. Sweet, 1, Chancery lane.

CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL.
In 1 vol. royal 8vo., price 14. 118. 6d. cloth,

A PRACTICAL TREATISE on the LAW of CON

TRACTS NOT UNDER SEAL, and upon the usual Defences to
Actions thereon. By JOSEPH CHITTY, Jun., Esq. The Fifth Edi-
tion. By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at
Law, and Professor of English Law in University College, London.
S. Sweet, 1, Chancery-lane.

OLIPHANT ON THE LAW OF HORSES, GAMING, &c. Recently published, in 1 vol. 12mo., the Second Edition, price 12s. cloth boards, of

THE LAW of HORSES; including the Bargain and Sale of Chattels; also the Law of Racing, Wagers, and Gaming. By GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple, Barrister at Law, Author of "The Law of Pews and Prohibition," "The Law of Church Ornaments," &c.

A

S. Sweet, 1, Chancery-lane.

In 8vo., price 108. boards,

TREATISE on the LAW of EQUITABLE MORTGAGES, containing a Statement of the Law respecting the Liens of Vendors and Purchasers, of the Rights and Remedies of Equitable Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to Equitable Mortgages, of the Priority of Judgments over Equitable Mortgages; with Observations on the Dictum of Lord Cottenham, and the Judgment of the Vice-Chancellor Wigram in WHITWORTH v. GAUGAIN,

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. BRAITHWAITE'S EPITOME OF THE NEW CHANCERY PRACTICE.

This day is published, in 12mo., price 8s. cloth,

AN EPITOME of the NEW CHANCERY PRACTICE,

containing the Acts 15 & 16 Vict. cc. 80, 86, and 87, and all
the General Orders hitherto made in pursuance thereof; so arranged
as to give a connected reading to the Acts and Orders. With an Ap-
WAITE, of the Record and Writ Clerks' Office.
pendix containing the Acts and Orders. By THOMAS W. BRAITH-

Stevens & Norton, Bell-yard, Lincoln's-inn.
HEADLAM'S NEW CHANCERY PRACTICE.
In 8vo., price 8s. boards,

THE NEW CHANCERY ACTS, (15 & 16 Vict. cc. 80,

86, and 87), and all the GENERAL ORDERS, (including those of the 3rd and 4th December); with Notes, an Index, and References to Daniell's Practice. To which is added, an Appendix of Forms, &c. By T. E. HEADLAM, Esq., M. P., Q. C.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. HEADLAM'S TRUSTEE ACT, 1850.-SECOND EDITION. In 12mo., price 38. 6d. sewed,

THE TRUSTEE ACT, 1850, with an Introduction, Notes,

and an Index. By T. E. HEADLAM, Esq., M. P., one of her
Majesty's Counsel. Second Edition, with the Cases decided upon the
Act to the present time. To which are added the TRUSTEE RELIEF
ACTS, with the GENERAL ORDERS and CASES.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
STARKIE'S LAW OF EVIDENCE.-FOURTH EDITION
This day is published, in one thick vol. royal 8vo., price 14. 168. cloth,

and on the Course of Proceeding on the Bankruptcy of an Equitable A PRACTICAL TREATISE on the LAW of EVI

Mortgagor; with an Appendix, containing the Judgment of the Vice-
Chancellor Wigram in WHITWORTH v. GAUGAIN, Forms for Equitable
Deposits, &c., and an Index. By SAMUEL MILLER, Esq., Barrister
at Law.

8. Sweet, 1, Chancery-lane, Fleet-street.
LAW OF MERCHANT SHIPPING.

Recently published, in 1 vol. 8vo., price 20s. in cloth boards,

DENCE.

By THOMAS STARKIE, Esq. Fourth Edition, with very considerable alterations and additions; incorporating the Sta tutes and reported Cases to the present time. By G. M. DOWDESWELL, Esq., and J. G. MALCOLM, Esq., Barristers at Law.

"It is also the only work of which a new edition has been brought out at such a time as to render it possible that it should apply to practice, with any degree of consideration and accuracy, the modern changes in the law The volume published has been rendered

A COMPENDIUM of the LAW of MERCHANT a complete, clear, and well-digested treatise on the principles of the

SHIPPING, with an Appendix, containing all the Statutes of practical utility. By FREDERIC PHILIP MAUDE and CHARLES EDWARD POLLOCK, Esqrs., of the Inner Temple, Barristers at Law. S. Sweet, 1, Chancery-lane.

SIR E. SUGDEN ON THE LAW OF VENDORS AND

PURCHASERS.

In 1 thick vol. 8vo., price 14. 1s. cloth boards,

Law of Evidence."-Legal Observer, Nov. 27, 1852.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

THE COMMON-LAW PROCEDURE ACT, AND THE NEW
RULES AND ORDERS.

Just published, in 12mo., price 13s. cloth,

THE COMMON-LAW PROCEDURE ACT, with nu

merous Notes explanatory of its practical Effect as to Process,

A CONCISE and PRACTICAL VIEW of the LAW of Practice, and Pleading: and an Introduction. By R. MORRIS, Esq.

[blocks in formation]
[blocks in formation]

and W. F. FINLASON, Esq. To which are added, the New Rules and
Orders, Tables of Costs and Fees, Regulations as to Admission, &c.
of Attornies, the New Rules on Pleading, and a new and copious Index
to the whole.
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
SELWYN'S NISI PRIUS.-ELEVENTH EDITION.
In 2 vols. royal 8vo., price 21. 10s. boards,

Merger of Attendant Terms, Defective Executions of Powers of Leasing, AN ABRIDGMENT of the LAW of NISI PRIUS.

[blocks in formation]

LAW-WANTED, in an Office of General Practice in

Birmingham, a MANAGING CLERK. Address, with references, salary expected, and other particulars, H. S., care of Mr. Sunderland, Law Stationer, Birmingham.

LAW.-A Gentleman, articled to a Solicitor of good prac

tice in the country, and now in the Office of a London Firm of high standing, wishes to enter into an ENGAGEMENT to CONDUCT the CONVEYANCING DEPARTMENT in a London Office. Address X. Y., care of Mr. Lowe, Law Stationer, 27, Bell-yard, Lincoln's-inn. LA AW.-A Gentleman who passed his Examination last Easter Term, but not yet admitted, is desirous of obtaining a SITUATION in a CONVEYANCING OFFICE where he can improve himself. The Advertiser would be willing to make himself generally useful in the Business of the Office, and would accept a moderate salary. The country preferred. Address J. M. T., Post Office, Braunston, Daventry.

то SOLICITORS.-Any Gentleman advancing about

30007., for which security will be given, with or without procuring a further advance of from 15,0007. to 20,000l., to be secured on a valuable and increasing Building Property, situate in a fashionable part near the sea, laid out on a large and expensive scale, might PARTICIPATE in the PROFITS of a PRACTICE and MANAGEMENT without the risk or anxiety of a partner. Real name and address, (which will be treated confidentially), addressed O. P., care of Messrs. Willis & Chipperfield, 8, Newgate-street.

[blocks in formation]

A Course of SIX LECTURES will be delivered at Willis's Rooms, King-street, St. James's, by the Rev. F. D. MAURICE, on LEARNING and WORKING.

The Lectures will commence on THURSDAY, June 8, at 3 o'clock, and will be delivered at the same hour on the succeeding Thursdays till they are completed.

Tickets, 17. Is. for the Course, or 5s. for each Lecture, may be obtained at Messrs. Hookham's Library, 15, Old Bond-street; at Messrs. Mudie's Library, 510, New Oxford-street; at Mr. Nutt's, Foreign Bookseller, 270, Strand; at Mr. Lumley's, Bookseller, Southampton-street, High Holborn; at Mr. G. Bell's, Publisher, 186, Fleet-street; and at Messrs. J. W. Parker & Son's, 445, West Strand.

The Syllabus of Lectures may be had gratis on application.

In a few days will be published,

|

SOUTHGATE & BARRETT have received instructions

from Mr. Hogarth, of the Haymarket, to SELL by PUBLIC AUCTION, at their Fine Art and Book Auction Rooms, 22, Fleetstreet, London, on WEDNESDAY EVENING, June 7th, and following evenings, the whole of the remaining copies of the very celebrated work known as

FINDEN'S ROYAL GALLERY OF BRITISH ART, consisting of a limited number of artists' and other choice proofs, and the print impressions, which are all in an exceedingly fine state. The work consists of forty-eight plates, the whole of which are engraved in line by the most eminent men in that branch of art, and the pictures selected will at once shew that the great artists-Turner, Eastlake, Landseer, Stanfield, Webster, Roberts, Wilkie, Maclise, Mulready, and more than thirty other British Masters-are represented by the works which established and upheld them in public favour, and by themes which appeal to universal sympathy and happiest affections, or which delineate the peculiar glories of our country.

The attention of the public is also particularly directed to the fact that ALL THE ENGRAVED PLATES from which the impressions now offered have been taken WILL BE DESTROYED IN THE PRESENCE OF THE PURCHASERS at the time of sale. By thus securing the market from being supplied with inferior impressions at a future time, and at a cheaper rate, the value of the existing stock will be increased, and it will become the interest of all who wish to possess copies of those eminent works of art at a reduced price to purchase them at this sale, which will be THE ONLY OPPORTUNITY of obtaining them.

SOUTHGATE & BARRETT beg also to announce that they will include in their Sale by Auction of "Finden's Royal Gallery" the whole of the STOCKS OF PROOFS AND PRINTS of the following HIGHLY IMPORTANT ENGRAVINGS, published by Mr. Hogarth and Messrs. Lloyd & Co.

Ehrenbreitstein, painted by J. M. W. Turner, R. A., engraved by John Pye.-Ecce Homo, from the picture by Correggio, engraved by G. T. Doo.-The Dame School, painted by T. Webster, R. A., engraved by L. Stocks.-Eton Mortem, two views illustrative of, from pictures by Evans, of Eton, engraved by Charles Lewis.-Portrait of Mrs. Elizabeth Fry, engraved by Samuel Cousins, A. R. A., from a picture by George Richmond.-Portraits of eminent Persons, by George Richmond and C. Baugniet.-Portrait of W. C. Macready, Esq., as Werner, painted by D. Maclise, R. A., engraved by Sharpe.-Flowers of German Art, a series of twenty plates by the most eminent engravers.-Cranstone's Fugitive Etchings, seventeen plates.-Turner & Girtin's River Scenery, thirty plates.-Cottage Piety, painted by Thomas Faed, engraved by Henry Lemon, (unpublished)-See Saw, painted by T. Webster, R. A., engraved by Holl, (unpublished).-Village Pastor, painted by W. P. by Guido, engraved in line by W. H. Watt.-Harvey demonstrating to Charles the First his Theory of the Circulation of the Blood, painted by Hannah, engraved by Lemon.-The Origin of Music, painted by Selous, engraved by Wass.-The First Step, painted by Faed, engraved by Sharpe. The Prize Cartoons, published by Messrs. Longmans & Co.

SETON'S FORMS of DECREES in EQUITY, and of Frith, R. A., engraved by Holl. The Immaculate Conception, painted

the Orders connected with them. A new Edition, (the second), adapted to the present Practice; with Practical Notes. By W. H. HARRISON, Esq., Barrister at Law, and R. H. LEACH, Esq., one of the Registrars of the Court.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

This day is published, in 12mo., price 10s. 6d. cloth,

ALL THE ENGRAVED PLATES of the above-mentioned Engravings WILL BE DESTROYED in the presence of the purchasers at the time of "Finden's Royal Gallery."

A MANUAL of the LAW of MARITIME WARFARE; sale, and securing to them the same advantages as in the sale of the

embodying the Decisions of Lord Stowell and other English Judges, and of the American Courts, and the Opinions of the most eminent Jurists. With an Appendix of the Official Documents and Correspondence in relation to the present War. By WILLIAM HAZLITT and HENRY PHILIP ROCHE, Esqrs., Barristers at Law.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Just published, in 12mo., price 4s. 6d. cloth,

Framed Impressions of each of the Plates, as well as of the "Finden," can be seen at Mr. Hogarth's, 5, Haymarket; at Messrs. Lloyd, Brothers, & Co., 22, Ludgate-hill; and at the Auctioneers', 22, Fleet-street, by whom all communications and commissions will be promptly and faithfully attended to.

In the same Sale will also be included the very extensive, highlyimportant, and extremely choice Stock of MODERN ENGLISH and Books of Prints of Mr. Hogarth, of the Haymarket.

THE LUNACY REGULATION ACT, 1853, and the FOREIGN ENGRAVINGS, WATER-COLOUR DRAWINGS, and expensive

GENERAL ORDERS in LUNACY; with an Introduction and a copious Index, (forming a Supplement to "The Outline of the Practice in Lunacy"). By JOSEPH ELMER, of the Office of the Masters in Lunacy.

Stevens & Norton, Bell-yard.

In 2 vols. royal 8vo., price 38s., the Third Edition of

THE LAW of CONTRACTS. By C. G. ADDISON, Esq., Barrister at Law. Comprising Contracts of Buying and Selling, Letting and Hiring, Borrowing and Lending, Mortgage and Pledge, Work and Services, Charterparties, Bills of Lading, Bills of Exchange, Promissory Notes, Bailments, Maritime Fire and Life Insurance, Agency, Suretyship, Partnership, Joint-stock Companies, &c. London: Stevens & Norton, Law Booksellers, Bell-yard, Lincoln's-inn.

This day is published, in 12mo., price 5s. cloth,

THE BURGESS'S MANUAL; a Practical Exposition of

the Constitution of Corporate Towns, as regulated by the various Municipal Corporation Acts; comprising the Provisions relating to the Municipal Elections, the Officers of the Corporation, the Town Council, the general Government and Improvement of and the Administration of Justice in Boroughs, and the Grant of Charters of Incorporation to non-corporate Towns. By FREDERIC MERRIFIELD, Esq., Barrister at Law. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. This day is published, in 12mo., price 10s. 6d. cloth, MANUAL of CIVIL LAW; or, Examination in the Institutes of Justinian: being a Translation of and Commentary on that Work. With an Introduction on the History of the Roman Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Law.

A

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. FINLASON'S CHARITABLE TRUSTS ACT. This day is published, in 12mo.. price 68. cloth,

Amongst the ENGRAVINGS will be found, in the BEST STATES of ARTISTS' and other CHOICE PROOFS, nearly all the popular Plates that have been published during the last quarter of a century; also an important Collection of Foreign Line Engravings, in the best states; a large variety of Portraits and other subjects, after Sir Joshua Reynolds, some very rare; an extensive Series of Prints by Hogarth, in early proofs, and with curious variations; a most complete Series of Artists' Proofs of the Works of George Cruikshank, including nearly all his early productions, many unique; a number of scarce Old Prints, and a Series, in fine states, by Sir Robert Strange. The Stock is peculiarly rich in the Works of J. M. W. Turner, R. A., and comprises artists proofs and the choicest states of all his important productions, and matchless copies of the England and Wales and Southern Coast. The Collection of HIGH-CLASS WATER-COLOUR DRAWINGS Consists of examples of the most eminent Artists. (particularly some magnifi cent specimens by J. M. W. Turner), as well as a great variety of the early English School, and some by the ancient Masters; also a most interesting Collection by Members of the Sketching Society. Of the modern School are examples by

[blocks in formation]

Printed by HENRY HANSARD, PRINTER, residing at No. 14, Park Square, Regent's Park, in the Parish of St. Marylebone, in the County of Middlesex, at his Printing Office, situate in Parker Street, in the Parish of St. Giles-in-the-Fields, in the County aforesaid; and

THE CHARITABLE TRUSTS ACT, with copious Notes, Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan

an Introduction, and Notes of the chief Cases. To which is added an Appendix of Precedents of Schemes. By W. F. FINLASON, Esq., Barrister at Law.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

in the West, in the City of London, by HENRY SWEET, LAW BOOKSELLER and PUBLISHER, residing at No. 41, Great Coram Street, in the Parish of St. George, Bloomsbury, in the County of Middlesex.Saturday, June 3, 1854.

[graphic]

IT RIST

No. 909-VOL. XVIII.

JUNE 10, 1854.

NAMES OF THE CASES REPORTED IN THIS NUMBER.

[blocks in formation]

PRICE 18.

EXCHEQUER CHAMBER-(continued).
for Revocation-Abuse of Franchise-Breach of
Condition-Scire Facias-Private Prosecutor).. 481
COURT OF QUEEN'S BENCH.

Ex parte The Overseers of Warblington.-(Lighting
and Watching Act, 3 & 4 Will. 4, c. 90-Notice
of Adoption of Act-" Forthwith"-" Chapel"—
Order of Inspectors-Refusal by Justices to grant
Warrant of Distress - Application against Jus-
tices and Overseers-11 & 12 Vict. c. 44, 8. 5-
Affidavits).....

..

[blocks in formation]

494

496

497

barred of dower by a clear implication; and the learned judge satisfied himself of the intention of the testator, and of the law upon the whole subject of amplitude of provision, and he thought it was clearly the intention that she should not have both. But that case is far from being a decision, that the mere circumstance of a testator giving a leasing power to his trustees is enough to raise an implication of his intention to exclude his widow from her dower. . . . . The whole amount of the provision made for his widow is an annuity of 201.; and I find also a provision made for a stranger of exactly the same amount. So far from there being in this case the great and governing circumstance that existed in the case of Hall v. Hill-the provision for the widow as compared with the amount of the assetsthat, instead of being an ample provision, it was such, that if put to her election, the widow would have elected to take her dower."

An examination of Hall v. Hill will, it is believed,

THE case of Warbutton v. Warbutton, (17 Jur., part 1, p. 415), decided recently by Sir J. Stuart, V. C., demands particular notice, not so much in reference to its merits as a precedent, but because, while purporting to proceed upon well-established principles, it clearly departs from them, and throws doubt upon decisions of unquestionable authority. In that case the testator, by his will, dated the 28th June, 1846, gave all his real, leasehold, copyhold, and personal estate upon trust to sell and dispose of the leasehold and personal estate, and to invest the proceeds thereof, and to receive the rents, issues, and profits of the real estate, and by, with, and out of the proceeds arising therefrom to pay to his wife an annuity of 207. for life; to pay Mary L. a legacy of 100l. and an annuity of 201. for life; and, after other bequests and directions, the testator empowered his trustees "to demise, lease, set, let, and manage his said real estate, as also his lease-shew that there has been no misapprehension of the hold estates, so as to produce the greatest rental." The assets of the testator were of the yearly value of 1127. The Vice-Chancellor held that the widow was not bound to elect between her dower and the provision made for her by the will. His Honor thought that the case of Grayson v. Deakin, (3 De G. & S. 298), decided by Sir J. L. Knight Bruce, L. J., when Vice-Chancellor, and the case of Parker v. Sowerby, (17 Jur., part 1, p. 752), decided by Sir R. T. Kindersley, V. C., which had been pressed against the right of the widow, proceeded upon "a complete misapprehension" of the language of Lord St. Leonards in Hall v. Hill, (1 Dru. & W. 94), the decision in which case, his Honor said, went upon this, "that the widow had acquired under he will a much greater provision than she was entitled o as dower, and it was held, therefore, that she was VOL. XVIII. V

meaning of Lord St. Leonards, on the part of Sir J. L. Knight Bruce, L. J., and Sir R. T. Kindersley, V. C. There the testator gave part of his estate to his widow, and also an annuity charged upon the whole estate, with powers of distress and entry in case of non-payment, and there was also contained in the will power "to lease, demise, or let all or any part of my estates and lands, for any term not exceeding thirty-one years;" and Lord St. Leonards, after an elaborate examination of the authorities, held that the widow was bound to elect between the provisions made for her by the will and her dower. "I am not aware how the power of leasing, in this case, can be exercised over all the estate, if the widow's right to dower be allowed. One can understand how the rents how the rent might be enjoyed, or the estate sold, subject to the

[ocr errors]

claim for dower; but how could you demise an estate subject to the right of this lady to have a third part thereof set out by metes and bounds? You cannot give her the right of dower, and yet exercise the power of leasing over the whole of the estate out of which she is to have dower." His Lordship, in effect, says that the power of leasing given to the trustees was inconsistent with the notion that the widow was to enjoy dower as set out by metes and bounds, and that it followed, therefore, as a matter of course, that she must elect between her legal right to dower out of the estate devised wholly to the trustees, and the benefits conferred upon her by the will. His Lordship then proceeds with some other observations, perhaps somewhat ambiguous, which, it is conceived, Sir J. Stuart, V. C., has understood in a sense different from what they were intended to convey. "If," continued his Lordship, "I am bound to spell out the intention of the testator, I think, looking at the whole frame of the will, that the testator meant to provide for his wife by the will. He gives her a house and the furniture; he gives her also an annuity out of the general estate; and she has acquired under the will a much greater provision than she would have been entitled to as dower in the ordinary way. That she is of this opinion is evident, because she has elected to take under the will, if required to make an election. I hold, therefore, that she is barred of dower, and that by clear implication. I have satisfied myself of the intention of the testator. I despair, as I have already said, of reconciling the authorities on this subject, but I follow what I consider the best. As, therefore, the widow has elected to take under the will, I must declare that she is barred of her claim to dower." Now, all that Lord St. Leonards meant by these concluding observations appears to be, that he had come to the conclusion, from the power of leasing being inconsistent with the widow's claim to dower, that the testator did not intend her to have it in addition to what he had given her by the will; that she had in reality taken more by the will than the law would have given to her in the shape of dower; that by the widow electing to take the provision made for her by the will, she had shewn that such was her opinion; that she was therefore barred of dower. By these observations also it is possible that his Lordship meant that no question as to compensation arose, the dower being of less value than what she elected to take.

Lord St. Leonards, however, himself is the best exponent of his own meaning in Hall v. Hill, for in the subsequent case of O'Hara v. Chaine, (1 Jo. & Lat. 665), where the question as to the relative value of the widow's dower, as compared either with the testator's assets, or the benefits conferred upon her by the will, was not discussed, but in which, from the widow having elected to take dower, it may be presumed that the dower was more valuable than what was given to her by the will-Lord St. Leonards, as to one branch of the case, says, "the power of leasing decides this part of the case. Taking the whole will together, I am of opinion that the widow is bound to elect. The case comes within the principle of Hall v. Hill, and I see no reason to depart from that decision."

It is submitted, therefore, that the view taken by Sir J. L. Knight Bruce, L. J., and Sir R. T. Kindersley, V. C., as to the decision of Hall v. Hill, is correct, and indeed is in accordance with the current of authorities. (See Roadley v. Dixon, 3 Russ. 192; Miall v. Brain, 4 Mad. 119; and Taylor v. Taylor, 1 Y. & C. C. C. 727).

Independent of authority, the decision of Sir J. Stuart, V. C., is open to grave objections. Why is the amount

had

of the gift conferred by the will upon the wife the test for determining whether it was the testator's intention. that such gift was to be in substitution for a claim she in derogation of such claim? Even assuming that in upon other property, which he has given to others any particular case the provision made for a wife is small, testators have a right to be, and often are, capricious. Again: a husband may know that his wife is well provided for aliundè; by his giving her, therefore, no more than a stranger, as in Warbutton v. exercised a sound discretion; although, as we have Warbutton, he may, under peculiar circumstances, have before said, he has a perfect right to be capricious.

But how are we to determine what constitutes, to use the expression of Sir J. Stuart, V. C., "amplitude of provision?" How are we to draw a line between amplitude and exility? A "competency" has been defined as "a little more than a man has got." Per haps "amplitude of provision" may be defined with as much, but not greater, legal accuracy; and if adopted as a test, or even as a governing circumstance," determining the intention of a testator, it will lead to as much litigation as was occasioned by decisions to what was an illusory and what a substantial execu tion of a power, upon which subject the observations of Sir W. Grant, M. R., are well worthy of perusal. (Set Butcher v. Butcher, 9 Ves. 393).

[ocr errors]

In the report of Warbutton v. Warbutton it appean that the opinion of Sir J. Stuart, V. C., taken in cham bers was in accordance with the opinion he afterward expressed in court, viz. in favour of the widow no being put to her election. Now, a judge expressing at opinion in chambers has not the benefit of hearing th case argued before him by counsel, and may take very decided view of a case either irrespective of, a after a full consideration of, the authorities. In the first instance it is probable that he would have a slight in the latter a strong, though perhaps to himself in sensible, leaning or bias towards the opinion he ha already expressed. This practice, therefore, is liable t all the objections so ably pointed out by Lord St. Leo nards, (in his Treatise on the Law of Property as ad ministered by the House of Lords), of an appeal from a Lord Chancellor in the court below to himself alon in the House of Lords. (See p. 35). It is submitted that whenever a point of any difficulty arises in cham bers, the judge should reserve his consideration of i for full discussion in open court; or, if he decides i in chambers, the appeal should lie, not to himself, bu to the Lords Justices.

[blocks in formation]
[merged small][ocr errors]

ORDER OF COURT.-June 1, 1854.

The Right Hon. ROBERT MONSEY Lord CRANWORTH, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Hon. Sir JOHN ROMILLY, Master of the Rolls, the Right Hon. the Lord Justice Sir JAMES LEWIS KNIGHT BRUCE, the Right Hon. the Lord Justice Sir GEORGE JAMES TURNER, the Hon. the Vice-Chancellor Sir RICHARD TORIN KINDERSLEY, the Hon. the Vice-Chancellor Sir JOHN STUART, and the Hon. the Vice-Chancellor Sir WILLIAM PAGE WOOD, doth hereby, in pursuance of two acts of Parliament passed in the session of Parliament holden in the fifteenth and sixteenth years of the reign of her present Majesty, chaps. 86 and 87, and in pursuance and execution of all other powers enabling him in that behalf, order and direct

That all and every the orders, rules, and directions hereinafter set forth shall henceforth be, and for all purposes be deemed and taken to be, General Orders and Rules of the High Court of Chancery, viz.:

I. If the fourteen days within which, pursuant to the Orders of the Court, a defendant is bound to file his affidavits in answer to a motion for a decree, or the seven days within which the plaintiff is bound to file his affidavits in reply thereto, or the nine weeks after issue joined within which the evidence in any cause to be used at the hearing thereof is to be closed, or the month after the expiration of such nine weeks within which a witness who has made an affidavit intended to be used by any party to such cause at the hearing thereof is subject to cross-examination, shall expire in the Long Vacation, the time for the several purposes aforesaid respectively is hereby extended to the fifth day of the ensuing Michaelmas Term, and is to expire on that day unless enlarged by order. Provided always, that in cases where the above-mentioned periods of fourteen days and nine weeks respectively shall be extended by virtue of this Order, the seven days within which the plaintiff is bound to file his affidavits in reply, and the month during which a witness is subject to cross-examination, shall be respectively taken to commence from the expiration of such extended period.

persons of unsound mind not found so by inquisition, who shall be served with notice of any decree or order, are to be appointed in like manner as guardians ad litem to answer and defend are now appointed in suits on bills filed.

VII. At any time during the proceedings at any judge's chambers under any decree or order, the judge may, if he shall think fit, require a guardian ad litem to be appointed for any infant, or person of unsound mind not found so by inquisition, who has been served with notice of such decree or order.

VIII. In all cases in which notice of a decree or order shall be served, pursuant to the eighth rule of the 42nd section of the act 15 & 16 Vict. c. 86, the notice so served is to be intitled in the cause, and there is to be indorsed thereon a memorandum in the form or to the effect following-that is to say, "Take notice, that, from the time of the service of this notice, you [or, as the case may be, the infant, or person of unsound mind] will be bound by the proceedings in the above cause, in the same manner as if you [or, the said infant, or person of unsound mind] had been originally made a party to the suit; and that you [or, the said infant, or person of unsound mind] may, by an order of course, have liberty to attend the proceedings under the withinmentioned decree or order; and that you [or, the said infant, or person of unsound mind] may, within one month after the service of this notice, apply to the Court to add to the decree or order."

IX. The charges for copies of pleadings, and other proceedings and documents furnished under the General Orders of the 25th October, 1852, Order No. 1, sects. 2, 3, and 4, to a person admitted to sue or defend in formâ pauperis, or to his solicitor, by or on behalf of any other party, shall be at the rate of 1d. per folio. Provided always, that if such person shall become entitled to receive dives costs, the charges for such copies shall be at the rate of 4d. per folio; and nothing shall be allowed in taxation in respect of such charges until such person or his solicitor shall have paid or tendered to the solicitor, or party by whom such copies were furnished, the additional 2d. per folio. But this proviso shall not apply to any copy which shall have been furnished by the party himself who is directed to pay the costs, and not by his solicitor.

II. Any judge of the Court, whose chambers may be X. The charges for copies furnished by a person adopen for business during any vacation, may issue sum-mitted to sue or defend in formâ pauperis, other than monses for the purpose of any proceeding before the those furnished by his solicitor, shall be at the rate of Master of the Rolls or any Vice-Chancellor at cham- 1d. per folio. bers after the vacation.

III. The same course of procedure as is now in use as to the production of documents ordered to be produced before the hearing of a cause, shall extend and be applied to the production of documents ordered to be produced after the hearing of any cause or matter.

IV. In all cases in which the certificate of the chief clerk is to be acted upon by the Accountant-General of the Court, without any further order, such certificate may be signed and adopted by the judge on the day after the same shall have been signed by the chief clerk, unless any party, desiring to take the opinion of the judge thereon, obtains a summons for that purpose before twelve of the clock on that day; and the time for applying to discharge or vary such certificate, when signed and adopted by the judge, is to be two clear days after the filing thereof.

V. In all cases in which any person required to be served with notice of a decree or order, pursuant to the eighth rule of the 42nd section of the act 15 & 16 Vict. e. 86, may be an infant, or a person of unsound mind not found so by inquisition, the notice is to be served upon such person or persons, and in such manner as the judge to whose court the cause is attached may direct.

VI. Guardians ad litem appointed for infants, or

XI. Expenses incurred in consequence of affidavits being prepared or settled by counsel are to be allowed only when the Taxing Masters shall in their discretion, and on consideration of the special circumstances of each case, think such expenses properly incurred; and in such case they are to be at liberty to allow the same, or such parts thereof as they may consider just and reasonable, whether the taxation be between solicitor and client or between party and party.

XII. Any party who may be dissatisfied with the allowance or disallowance by the Taxing Master, in any bill of costs taxed by him, of the whole or any part of any item or items, may, at any time before the certificate is signed, deliver to the other party or parties interested therein, and carry in before the Master, an objection in writing to such allowance or disallowance, specifying therein, by a list in a short and concise form, the items or item, or parts or part thereof, objected to, and may thereupon apply to the Master for a warrant to review the taxation in respect of the same.

XIII. Upon the application for such warrant, or upon the return thereof, the Taxing Master is to reconsider and review his taxation upon such objection, and he may, if he shall think fit, receive further evidence in respect thereof; and if so required by either party, he is to state, either in his certificate of taxation

« ZurückWeiter »