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road, Middlesex, carpenter, No. 64,659 T.; J. Rolfe, assignee.
In 1 vol. 12 mo., price 4s. 6d. cloth boards, Thomas Hanesworth, Bolton-le- Moors, Lancashire, hatter, THE LAW and PRACTICE of the COPYRIGHT, RE.
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It is provided by the constitution of the Society that the insured shall shire, attorney-at-law: in the Gaol of St. Thomas-the
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Returns of in the Gaol of Lancaster.—Thomas Thompson, Durbam, three-fifths of the profits of the Company are periodically made to parties joiner : in the Gaol of Durham.
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No. 928—Vol. XVIII.
OCTOBER 21, 1854.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
Court or QUEEN's Bench (Continued).
of Health-District Part of Parish-11 & 12 Vict. whether specific or general-Ademption - Result.
c. 63, 88. 68, 117)...
907 ing Trust--Executrix, subsequent Acts of )...... 903 Plowden v. Campbell. — (Security for Costs - Civil VICE-CHANCELLOR Wood's Court.
Service of East India Company)..
910 Avery o. Langford.- (Condition in Restraint of Trade) 905
COURT OF COMMON PLEAS.
The Ecclesiastical Commissioners v. The London and Ex parte Mawby.-( Churchwarden-Election-Right
South-western Railway Company.-(Copyholds
Lands Clauses Consolidation Act-Enfranchiseto vote-Tenants of small Tenements-Rejection of Votes- Mandamus).
ment — Compensation to the Lord).. Reg. v. The Trustees of the Worthing and Lancing
Court of EXCHEQUER. Turnpike Roads.-(Local Act- Commissioners
Taylor o. The Crowland Gas and Coke Company.Turnpike Road - Contribution towards Repair of
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-Drawing Conveyance, &c.)..
LONDON, OCTOBER 21, 1854.
debt to himself. It did not appear that the extent of
the plaintiff's debts was a condition of the father's OF INJUNCTIONS.
consent. The Lord Chancellor said the defendant con(Continued from p. 368).
fessed a confederacy to cheat Robinson, and he would There is a class of cases in which the doctrine of not lay it down as a rule, that fraud in cases of that relief against fraud has been carried to an extent which nature must be upon an article expressly contracted for; seems almost to defeat the very object of that doctrine, and granted an injunction to restrain the defendant and to repress fraud in one party by supporting it in from proceeding to recover any debt due before the another. I allude to the cases in which persons having marriage of Neville, except certain claims agreed upon concealed the truth, or made false representations re- between the parties; and he delivered his opinion that specting their legal and fair claims, for the purpose of the defendant could not ever recover that debt against enabling fraud to be committed upon others, or upon the plaintiff. (See also, as to the effect of a private the policy of the law, have been restrained by equity agreement in fraud of a marriage contract, Palmer v. from afterwards enforcing their claims, even as between Neave, 11 Ves. 165). themselves and the parties to the fraud. (Gale v. We take now, out of its order, the subject of injuncLindo, 1 Vern. 475; Id. 348; Montefiori v. Montefiori, tions to restrain infringement of patents, as a subject 1 W. Bl. 363; see also Lamlee v. Hanman, 2 Vern. on which, perhaps, the earliest use of the common-law 466, and Turton v. Benson, Id. 764; 1 P. Wms. 496). jurisdiction, by way of injunction, is likely to be exer
But in cases of this kind, where equities are equal, cised. the rule “ Qui prior est in tempore potior est in jure" In order to prevent irreparable mischief, or to supapplies. (Roberts v. Roberts, 3 P. Wms. 66).
press multiplicity of suits and vexatious litigation, In some of the cases above mentioned it is to be equity interferes by injunction to restrain the infringeobserved that the instruments given were originally ment of alleged patent rights for inventions. (Vide 2 without valuable consideration, and the transaction Story's Eq. Jur. 209; Jer. Eq. Jur., b. 3, c. 2, s. 1, altogether based on a fraudulent purpose; but the lead. p. 327; 1 Fonb. Eq. 34, notis). The jurisdiction, in ing case on this subject is Neville v. Wilkinson, (1 Bro. restraining the infringement of patents, is in aid of a C. C., App., 543), in which the legal title was originally legal right; the plaintiff coming to the Court on the fair, and based on a valuable consideration, and yet the assumption that he has a legal right, and the Court plaintiff at law was deprived in equity of the benefit of granting its assistance on that ground. (Per Lord Cotsuch his legal title, because he had so dealt with it as tenham, C., in Bacon v. Jones, 4 My. & C. 436). to make it an instrument of fraud on a third party. In At the present day it is not generally necessary that that case the defendant was the plaintiff's solicitor, and, the plaintiff should establish his right at law in order having had various pecuniary transactions with him, to come into equity, the right appearing primâ facie on had claims against him for a valuable consideration to a record by the letters-patent. (Mitf. Pl. 147; Hicks v. considerable amount. On the occasion of the plaintiff's Raincock, Dick, 647; and see 2 Atk. 391; Anon., 1 negotiations for a marriage with the daughter of Robin- Ves. sen. 476). See the case of The Universities of son, the defendant was induced by the persuasions of the Oxford and Cambridge v. Richardson, (6 Ves. 689, 707), plaintiff to make to Robinson a false representation of where the principle in regard to patents is stated to be, the plaintiff's debts, and in particular to conceal the I that if a party gets his patent and pu's his invention in Vol. XVIII.
execution, and has proceeded to a sale, that may be The Lectures to be delivered to the Private Classes called possession under it. However doubtful it may be will comprise the following subjects:— With the Senior whether the patent can be sustained, equity will hold Class the Reader proposes to discuss the application of that possession under a colour of title is ground enough the rule in Shelley's case, as illustrated by modern deci. to enjoin, and to continue the injunction till it shall sions; and with the Junior Class, the leading prinbe proved at law that it is only colour, and not real ciples upon which the Learning of Powers and Contintitle.
gent Remainders is founded, and the application of (To be continued).
those principles to the Practice of Conveyancing.
The Public Lectures will be delivered at Gray's Inn PROSPECTUS OF THE LECTURES
Hall on Friday in each week, at two P. M., (the first
Lecture to be delivered on the 10th November). The To be delivered during the ensuing Educational Term by Private Classes will be held in the North Library of the several Readers appointed by the Inns of Court.
Gray's Inn on Monday, Wednesday, and Friday mornings, from a quarter to twelve to a quarter to two
o'clock. CONSTITUTIONAL LAW AND LEGAL HISTORY, The Reader on Constitutional Law and Legal History
JURISPRUDENCE AND THE CIvil Law. proposes, in the ensuing Term, to pursue the History The Reader on Jurisprudence and the Civil Law will, of Constitutional Law during the Reigns of the Stuarts in the course of the ensuing Educational Term, deliver and William III, and during such further period as Six Public Lectures on the following subjects :time may permit. The books to which he will chiefly
I. On the Science of Jurisprudence, its Nature, refer are
Limits, and Uses—On some prevalent errors concerning Hallam’s Constitutional History— Millar's Consti- it, and the misapprehensions from which they have tutional History— Tindal's Continuation of Rapin, arisen. Parliamentary History-Blackstone's Commentaries- II. The Analysis of the Conceptions implied in the Marten’s Histoire de France-Clarendon's Life— Tem- Primary Terms of Jurisprudence-On the extreme imple's Memoirs-Somerville’s History-Burnet's History portance of this Analysis, the mode in which it has of his own Time.
occasionally been prosecuted, and the results to which In his Private Classes the Reader will treat of the it has been supposed to lead. Progress of Constitutional Law in England, and of the III. The Relation of Jurisprudence to certain Demost remarkable State Trials from the commencement partments of Moral Philosophy - The Jus Gentium of the Reign of Charles I to the Revolution of 1688. and Jus Naturale of the Romans-On some Moden
The Reader on Constitutional Law and Legal His- Theories of Natural Law, considered with reference to tory will deliver his Public Lectures at Lincoln's Inn the soundness of the assumptions on which they rest. Hall on Wednesday in each week, (the first Lecture to IV. On Grotius, his Method, his Doctrines, and be delivered on the 8th November), commencing at the School which he founded —The Influence of his two P. M. The Reader will receive his Private Classes Writings on Modern Private Law and on the Internaon Tuesday, Thursday, and Saturday mornings, from tional System-On some recent Symptoms of Reaction half-past nine to half-past eleven o'clock, in the against his Views. Benchers' Reading Room at Lincoln's Inn Háll.
V. and VI. On the Roman Civil Law and its Rela. EQUITY.
tion to Scientific Jurisprudence-On the principal The Reader on Equity proposes to deliver, during the System of the Jurisconsults—The Study of the
Points of Contrast between the Laws of England and the ensuing Educational Term, a course of Six Lectures Civil Law in England, and the grounds on which it is on the Causes which led to the Separation of the Equi- to be defended and recommended. table from the Legal Jurisdiction in England; the
With his Private Class the Reader proposes to disleading principles on which the Equitable System has been established; the Origin of the Superior Tribunals, book the Institutiones Juris Romani Privati of Warn
cuss the Roman Law of Property, using as his Textand the Distinctions between the Modes of Procedure könig. It is desirable that students should provide adopted in the Courts of Chancery and Common Law; themselves with the Latin text of Justinian's Instithe History of the Court of Chancery, and the recent tutes, and of Gaius's Commentaries; and also, if posAlterations by which a partial Amalgamation of the sible, with the Explication Historique des Instituts of two Jurisdictions has been effected. The Reader on Equity will deliver his Public Lec- Institutes by Sandars. Copies of the entire Corpus
Ortolan, or with the annotated English edition of the tures at Lincoln's Inn Hall on Thursday in each week Juris will be found in the Lecture Room. during the Educational Term, commencing at two
The Public Lectures will be delivered in the Hall of o'clock p.M., (the first Lecture to be delivered on the the Middle Temple on Tuesday in each week, at two 9th November). The Reader will receive his Private P. M., (the first Lecture of the course on Tuesday, the Classes on Monday, Wednesday, and Friday evenings, 7th November). from seven to nine o'clock, in the Benchers' Reading
The Private Classes will assemble at the Class-roem Room at Lincoln's Inn Hall.
in Garden-court on Tuesday, Thursday, and Saturday Law or Real PROPERTY, &c.
evenings, from seven to nine o'clock. The Reader on the Law of Real Property, &c. pro
COMMON LAW. poses to deliver, in the ensuing Educational Term, a course of Six Public Lectures on the following sub
The Reader on Common Law proposes to deliver, jects :
during the Educational Term, commencing on the 1st I. On the Law of Mortmain-Statutory Restrictions November, 1864, a course of Six Public Lectures, as on the Alienation of Lands; Licenses to hold Land in under:Mortmain; Stat. 9 Geo. 2, c. 36.
Lecture I.-A Preliminary View will in this Lecture II. On the Law of Charitable Uses Stat. 43 Eliz. be taken of our Common Law, and of some of the leadc. 4; Construction put upon the Statute by Courts of ing principles which it recognises. Equity; Effect of the Statute of Limitation upon Tes- Lectures II and III.-Of the Nature of Legal Rights tamentary Gifts in favour of Charities.
generally-Rights ex Contractu and Rights ex Delicto, III. On the Accumulation of Income-Stat. 39 & how distinguishable. 40 Geo. 3, c. 98; Accumulation independent of the Lecture iv.-of our Legal Tribunals, superior and Statute.
Lecture V.-The Remedy by Action at Law, or by
Measurement of Tonnage. juit in the County Court, when applicable.
20. Tonnage deck ; feet; decimals. Lecture VI.–Of Extraordinary Remedies.
21. Rule 1. For ships to be registered, and other ships of With his Private Class the Reader on Common Law which the hold is clear. proposes to discuss the subjects indicated in the above 22. Rule II. For ships not requiring registry, or with Prospectus, so that a foundation may thus be laid for cargo on board. uture Lectures concerning the Law of Contracts and
23. Allowance for engine-room in steamers. To be rateable of Torts. The books to be principally made use of in in ordinary steamers. May be measured where the space is he present Introductory Course will be Smith's Lead- unusually large or small. Mode of measurement.
24. Open ships, how measured. ng Cases, Smith's Lectures on Contracts, and Black
25. Tonnage and number of certificate to be carved on main tone's (or Stephen's) Commentaries.
beam. The Lectures on Common Law during the ensuing 26. Tonnage, when once ascertained, to be ever after deemed Educational Term will be delivered, and the Private the tonnage. Classes will meet, in the Hall of the Inner Temple, as 27. Re-measurement of ships already registered may be inder :
made, but not to be compulsory. The Public Lecture on Monday in each week at two 28. Power to re-measure engine-rooms improperly ex?..
tended. The Private Class on Tuesday, Thursday, and Satur- 29. Officers may be appointed, and regulations made for lay mornings, from a quarter to twelve to a quarter to measurement of ships. wo o'clock.
Registry of British Ships.
30. Registrars of British ships.
Chairman. customs, and of consul for justice. Council Chamber, Lincoln's Inn,
32. Registrar to keep register books. Oct. 13, 1854.
33. Port of registry of British ship.
34. Name of ship. Note.—The Educational Term commences on the
35. Application for registry, by whom to be made. Ist November, and ends on the 22nd December, 1854. 36. Survey of ship. The several Readers will receive their respective 37. Rules as to entries in register book. Classes on the appointed days, commencing on Monday, 38. Declaration of ownership by individual owner. he 6th November.
39. Declaration of ownership by body corporate.
40. Evidence to be produced on registry. PUBLIC GENERAL STATUTES.
41. Penalty on builder for false certificate.
42. Particulars of entry in register book. 17 & 18 VICTORIÆ.-SESSION 2.
43. No notice taken of trusts.
Certificate of Registry. (Continued from p. 372).
44. Certificate of registry to be granted. CAP. CIV.
45. Change of owners to be indorsed on certificate of reIn Act to amend and consolidate the Acts relating to Mer.
gistry. chant Shipping.
[10th August, 1854.] 46. Change of master to be indorsed on certificate of reARRANGEMENT OF CLAUSES.
47. Power to grant new certificate. Preamble.
48. Provision in case of loss, &c. of certificate. 1. Short title of act.
49. Provisional certificate, when to be delivered up. 2. Interpretation of certain terms in this act.
50. Custody of certificate ; delivery of certificate may be 3. Commencement of act.
required; penalty for detention. 4. Exemption of her Majesty's ships.
51. Mode of proceeding if detaining party abscond. 5. Division of act.
52. Penalty for using improper certificate. PART I.
53. Certificate of ship lost or ceasing to be British to be TRE BOARD OF TRADE-ITS GENERAL FUNCTIONS. delivered up 6. Board of Trade to be department to superintend merchant
54. Provisional certificate for ship becoming vested in Brihipping.
tish owners at foreign port. 1. Certificates and documents purporting to be sealed or
Transfers and Transmissions. igned in a given manner.
55. Transfer of ships or shares therein. 8. Board of Trade to issue forms of instruments, (other 56. Declaration to be made by transferee. han those required by the second part of the act).
57. Registration of transfer. 9. Certain forms and instruments to be exempt from stamp 58. Transmission of shares by death, bankruptcy, or marlaty.
riage. 10. Penalties for forgery of seal and fraudulent alteration of 59. Proof of transmission by bankruptcy, marriage, will, or orms, and for not using forms issued by the Board.
on intestacy. 11. Application of monies and fines paid to Board of Trade. 60. Registration of transmitted share. 12. Returns to Board of Trade.
61. Registrar to retain certain evidence. 13. Officers of Board of Trade, naval officers, consuls, the 62. Unqualified owner entitled by transmission may apply egistrar-general of seamen, officers of customs, and shipping to Court for sale of ship. nasters may inspect documents and muster crews.
63. Order to be made by Court. 14. Board of Trade may appoint inspectors.
64. Limit of time for application. 15. Powers of inspectors ; witnesses to be allowed expenses ; 65. Power of Courts to prohibit transfers. lenalty for refusing to give evidence.
Mortgages. 16. Penalty for obstructing inspectors in the execution of heir duty.
66. Mortgage of ships and shares therein. PART II.
67. Mortgages to be registered in order of time of pro
duction. BRITISH SHIPS-THEIR OWNERSHIP, MEASUREMENT, AND REGISTRY.
68. Entry of discharge of mortgage.
69. Priority of mortgages. 17. Application of Part II of act.
70. Mortgagee not to be deemed owner. Description and Ownership of British Ships.
71. Mortgagee to bave power of sale. 18. Description and ownership of British ships.
72. Rights of mortgagee not affected by any act of bank. 19. British ships, with certain exceptions, must be regis- ruptcy of mortgagor. ered.
73. Transfer of mortgages.