« ZurückWeiter »
6 0 13 6
IMPORTANT TO SOLICITORS AND OTHERS.
In a few days will he published,
1852 rge Consumers of Stationery, may effect a "Saving of at least Thirty THE COMMON-LAW PROCEDURE ACTS,
and 1854; with an Introduction and Practical Notes. Also the JARTRIDGE & COZENS' Wholesale and Retail Sta. New Rules; including those to be issued under the New Act. By W. tionery Warehouses, 127 and 128, Chancery-lane, London.
F. FINLASON, Esq., Barrister at Law. rgest, cheapest, and best-assorted Stock of Law and General Stationery
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. the Kingdom."
STARKIE'S LAW OF EVIDENCE.-NEW EDITION. Orders over 20s. carriage paid.
Per ream. A PRACTICAL TREATISE of the LAW OF EVI. OFFICE PAPERS.
DENCE. By THOMAS STARKIE, Esq. Fourth Edition, ood Fine draft
6 6 with very considerable alterations and additions; incorporating the per Satin ditto
*78.,78. 92., and 8 s Statutes and reported Cases to the time of publication. By G. M. hick Super Satin ditto, P. & c.'s own manufacture-a first-rate DOWDESWELL and J. G. MALCOLM, Esqrs., Barristers at Law. article
Just published, in 1 vol. royal 8vo., price 11. 168. cloth. est Ruled Draft
108. and 11 0
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. atsides Draft-for ofice copies, &c., (all perfect sheets) lood Lined Brief
CUMIN'S MANUAL OF CIVIL LAW. uperfine ditto
158. 6d., 168. 6d., and 17 8 A ery best ditto, (none better made, usually charged by many
Institutes of Justinian: being a Translation of and Commentary houses 24s.)
on that Work. With an Introduction on the History of the Roman Blue Ruled Brief or Abstract
17 6 Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at fine Laid Foolscap
jös. 62., 12s. 6d., and 16 6 Law. In 12mo., price 108 6d. cloth. Extra superfine ditto, (a first-class paper)
17 6 “The work is extremely well done."-Law Times, April 22, 1854. Best Ruled Foolscap, for Bills of Costs, Agency, and other pur
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. poses Large Blue Wove Note
38. 9d., 48.6d., and 5 6
THRING'S SUCCESSION DUTY ACT. ditto Letter
d., 88. 6d., 98. 6d., and 10 THE SUCCESSION DUTY ACT, (16 & 17 Vict. c. 51); Pine Cream Laid Note
28. 3d., 28. 6d., 3s. 6d., and 4 6 for granting to her Majesty Duties on Succession to Property, and Extra Super Thick ditto, (a splendid paper, made exclusively for for altering certain Provisions of the Acts charging Duties on Legacies P. & C., and unequalled)
6 and Shares of Personal Estates. With an Introduction and Notes. By Super Cream Laid Letter 6s. 68., 7s.6d., 88. 6d., 98. 6d., and 10 6 HENRY THRING, Esq., Barrister at Law. In 12mo., price 5s. 6d. Extra Large Cream Laid Letter, 12s. 6d.; ditto Note
6 6 cloth. Thick Blue Laid Note, (unglazed)
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. Queen's and Albert-sized Cream Laid Note
38. and 4 0 Very best Pink Blotting, 5 quires for 4s., or
FINLASON'S CHARITABLE TRUSTS ACT.
18.6 THE ACT (16
& 17 Vict. c. 137) for the BETTER RE. of
With copious Notes, quality, 98. per ream.
and an Introductory Essay on the Jurisdiction exercised over them by Royal Cartridge, 1s. per quire, or 5 quires for 4s. 6d.
the Court of Chancery; with all the decided Cases; and an Appendix, Large size, fine and thick ditto, 2s. per quire, or 5 for 8s. 6d.
containing Precedents of Schemes, &c. By W. F. FINLASON, Esq., Brown Paper, 5 quires for 4s. 60.
Barrister at Law. In 12mo., price 6s. cloth,
Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
DART'S VENDORS AND PURCHASERS. 8s. each.
COMPENDIUM of the LAW and PRACTICE of Printing Letter or Note Paper, copperplate address heading, 38. 6d. per VENDORS and PURCHASERS of REAL ESTATE; com
ream extra, no charge being made for plate when more than two prising the Authorities down to the time of publication. By J. HENRY reams are ordered.
DART, Esq., Barrister at Law. Second Edition. In 8vo., price 218. ENVELOPES.
boards. Good Cream Laid Adhesive, all warranted well gummed, 4s. 6d. per 1000.
Stevens & Norton, 26, Bell-yard, Lincoln's- inn.
SMITH'S MANUAL OF EQUITY JURISPRUDENCE. – NEW
Edition. without extra charge, 78. 6d. per 1000. Thick Blue Laid, 78. 6d. and 88. 6d. per 1000.
A MANUAL of EQUITY JURISPRUDENCE, founded Foolscap official-size 83 by 31, 28. per 100, or 168. 6d. per 1000.
on Story's Commentaries and Spence's Equitable Jurisdiction; Demy superfine ditto, 103 by 31, 3s. 6d. per 100.
and comprising in a small compass the Points of Equity usually occur. *Draft Cartridge, open at end, 101 by 5, 38. 6d. per 100.
ring in Chancery and Conveyancing, and in the general Practice of a *Brief ditto, ditlo, 14) by 154, 58. per 100.
Solicitor. By JOSIAH W. SMITH, B.C. L., of Lincoln's-inn, Esq., *Deed ditto, ditto, 113 by 94, 68. 6d. per 100.
Barrister at Law. Fourth Edition. Just published, in 12mo., price Cloth-lined envelopes at the same low rate of charges.
108. 6d. boards. PARTRIDGE & COZENS' CELEBRATED STEEL PENS.
*** "A manual especially adapted to the exigencies of a solicitor's These Pens are all made of the purest Steel, and selected with the practice."-Jurist, No. 465. greatest care, and, at the very moderate price at which they are
Stevens & Norton, 26, Bell-yard, Lincoln's-inn. charged, command an universal sale. "Nearly twenty millions sold THE CONCLUDING VOLUME OP CHITTY'S STATUTES. annually." The Correspondence or Drafting Pen, only 1s. 3d. per box of twelve
This day is published, in royal 8vo., price 11. 118. 6d. in cloth boards,
Vol. 4 of dozen. The Fine Point, for light writing, 1s. 3d. per ditto.
CHITTY'S COLLECTION of STATUTES O PRACThe Broad Point, for engrossing, &c., a good pen for parchment, ls. 6d.
TICAL UTILITY, with Notes thereon. By W. N. WELSBY per ditto.
and EDWARD BEAVAN, Esqs., Barristers at Law. Extra Broad Point, a very easy pen, will write with comfort on brown
Sweet, 1, Chancery-lane; Stevens & Norton, 26, Bell-yard, Lincoln's
TO PARISH OFFICERS.
Just published, in 1 vol. 12mo., price 148. cloth, “ Indentures for 20 or 30 folios, machine-ruled and printed, 170. per doz., / THE PARISH: its Obligations and Powers ; its Officers,
and their Duties. With Illustrations of the Practical Working of
this Institution in all Secular Affairs. By TOULMIN SMITH, of Followers, ruled, 15c. per doz., or 70s. per roll. Memorials or Records, 58. Ed. per doz., or 258. per roll.
Lincoln's-inn, Esq., Barrister at Law.
S. Sweet, 1, Chancery-lane.
Recently published, much enlarged, price 258.,
the Practice at Judges' Chambers, and with Forms of Decrees, Orders, Silk Ferrit, ls. 9d.; Cotton Ferrit, 6d. and 1s. per piece.
Pleadings, Affidavits, Costs, &c.; being intended as a Supplement to the Runners, from No. 5 to 14, 18. 9d.; Bodkins or Piercers, with or without Books of Practice already published. By F. 8. WILLIAMS, Esq., of eyes, 9d. each.
the Chancery Bar. Strong Blue Bags, 28. 6d. each.
S. Sweet, 1, Chancery-lane, Fleet-street. Very best Wax, 3s. 9d. per lb.; Super ditto, 28. 6d.; Parcel Wax, 18. Elastic Bands, Is. per box of six dozen, various. Silver Pens, 1s.; Gold, 3s.bd. each; Plated Pocket-holders for ditto, ed. MATRIMONIAL INSTITUTION, founded 1846.
Offices, 12, John-street, Adelphi, and 18, Nassau-street, New
York.This institution has been established many years (with great Magnum Bonum Pens, 4d. per dozen. Desk Knives and Erasers, 18. each success) as a medium for the introduction of parties unknown to each Writs, 6d.; Copies, 3d. per dozen; Copies, 28. per 100. 100 Writs and 10o Copies, with your name and address inserted, for 65.
other, who are desirous of forming matrimonial alliances, but who, from Affidavit of Service of Writ, 9d. per dozen.
some cause or other, cannot find partners in their own circle of ac
quaintance suitable in position, &c. The strictest honour and secresy Terms, Cash. Catalogues post free.
is maintained in every case.- Prospectuses, Application, Forms, Rules, Observe-PARTRIDGE & Cozens, Stationers and Paper Makers, 127 and every information sent free to any name, initials, or address, on and 128, Chancery-lane, two doors from Fleet-street.
receipt of twelve postage stamps.
By order of the Directors, * These are all made from a strong, fine, and smooth cartridge; but
LAURÉNCE CUTHBERT, inferior qualities can be had of the same sizes if required.
12, John-street, Adelphi, London.
EMPIRE ASSURANCE COMPANY,
FOR LIVES, ANNUITIES, SURVIVORSHIPS, ENDOWMENTS, &c.
. (Provisionally Registered under 7 & 8 Vict. cap. 110). CAPITAL £100,000, IN 20,000 SHARES OF £5 EACH-DEPOSIT, £1 PER SHARE. CHIEF OFFICE—41, PALL MALL, LONDON.
DIRECTORS. JOHN EDWARDS BENNETT, Esq., South Villa, Tulse Hill.
JASPER W. JOHNS, Esq., Crooked Lane, Cannon Street. LIEUT. COL. PROBY T. CAUTLEY, K.C.B., F.R.S., 23, Jermyn CAPTAIN ROBERT GUTHRIE MACGREGOR, 67, Gloucester Street, St. James's.
Place. Portman Square. DANIEL THOMAS EVANS, Esq., 5, Elm Court, Temple.
FRANCIS HORSLEY ROBINSON, Esq., 12, Queen Street, May Fair. FREDERIC T. GALSWORTHY, Esq., 28, Regent St., Waterloo Place. THOMAS SOUTHGATE, Esq., 6, Stone Buildings, Lincoln's Inn. THOMAS SPENCER HEWARD, Esq., 56, Grosvenor Street, Gros- ARCHIBALD STURROCK, Esq., Doncaster. venor Square.
JOHN WILLSON, Esq., Dulwich. SOLICITOR. WILLIAM FRANCIS LOW, Esq., 67, Wimpole Street, Cavendish Square. MEDICAL ADVISERS.- -THOMAS STEVENSON, Esq., F.R.C.S., F.S.A., 37, Upper Grosvenor Street, Grosvenor Square.
HENRY THOMPSON, Esq., P.R.C.S., M.B., 16, Wimpole Street, Cavendish Square.
W. STEWART A. COOPER, Es Accountant to the Medical Invalid Assurance Society, 25, Pall Mall.
BANKERS. -THE LONDON JOINT-STOCK BANK, 69, Pall Mall.
ACTUARY AND SECRETARY. EDWIN H. GALSWORTHY, Esq., F.S.S.
QUALIFICATION FOR DIRECTOR. First, the Agents of this Company will be entitled, beyond the ordi. Every Director will pay down £500 at least on shares immediately nary commissions, to a direct and substantial interest in the realised upon the complete registration of the Company. profits. This important feature is expressly provided for under the Com
BUSINESS pany's Deed of Settlement, and will be extended to all
The Business of this Company will include the granting of Assurances Solicitors, Medical-men, and officially-appointed on Lives and Survivorships, Annuities and
Endowments; also the PerAgents.
chase of Reversions, Loans on Securities, &c., and will be fully set forth Second, a provision has likewise been made to remunerate out of rea
in the detailed Prospectuses. lised profits
AGENCIES Those Persons who may introduce Agents to
Applications for Agencies and the remaining Shares are requested to the Company
be made to the Secretary at the Chief Office.
The preliminary Prospectuses, detailing the Plan and Principles of the CAPITAL
Company, and every Information, may be obtained post free, on applicaMore than one-half of the Deposits on Shares, or upwards of £10,000, tion to will be actually paid up before business is commenced.
EDWIN H. GALSWORTHY, Secretary.
MAY'S PARLIAMENTARY PRACTICE.-THIRD Editiox. MANAGING CLERK:-WANTED, in a Solicitor's Office
This day is published, 8vo., 258. cloth, in a Country Town in the West of England, a MANAGING CLERK, competent to prepare ordinary deeds, to abstract, and who is A
PRACTICAL TREATISE on the LAW, PRIVILEGES, thoroughly conversant with the routine of office business, with bill
PROCEEDINGS, and USAGE of PARLIAMENT. By THOMAS making, and office accounts. An acquaintance with the conduct of
ERSKINE MAY, Esq., of the Middle Temple, Barrister at Law, one of actions and suits would be considered desirable, but would not be
the Examiners of Petitions for Private Bills in both Houses, and Taxing looked on as an indispensable qualification. Apply by letter, stating
Officer of the House of Commons. CONTENTS.-Book I. Constitution, references, salary, &c., to B. B. C., at Mr. Showler's, Law Stationer,
Powers, and Privileges of Parliament. Book II. Practice and PreCursitor-street, Chancery.lane.
ceedings in Parliament. Book III. The Manner of passing Private
Orders and the most recent Precedents.
London : Butterworths, 7, Fleet-street, Law Publishers to the Queen's
most Excellent Majesty. practical experience in an office of good practice; under 35 years of age. Address, X. V., Mr. Sullivan's, Law Stationer, Chancery-lane.
Now ready, price 58., Third Edition of Part 3 of the This day is published, in royal 8vo., price 11. 118. 6d. boards,
TREATISE on INDUSTRIAL INVESTMENT and
EMIGRATION; being Suggestions for the Enfranchisement and the Orders connected with them. The Second Edition, adapted the Application of the Life Assurance Principle; with Rules and Tables to the present Practice; with Practical Noter. By W. H. HARRISON, for the formation of Copyhold Enfranchisement and Freehold Land Esq., Barrister at Law, and R. H. LEACH, Esq., one of the Registrars Societies, and a Mathematical Appendix. By ARTHUR SCRATCHof the Court.
LEY, M. A., F. R. A. S., Actuary to the Western Life Assurance Society, Stevens & Norton, Law Publishers, 26, Bell-yard, Lincoln's-inn.
3, Parliament-street, Westminster. Just published, price 18.,
London Friendly Societies’ Institute, 23, Pall-mall; and Charles A LETTER to the INHABITANTS of IPSWICH upon Mitchell, 12, Red Lion-court, Fleet-street. the Injustice of Mr. Justice Cresswell's summing up in the Case
that some unprincipled person or persons have for some time past been The 16th Edition, corrected and extended, with the Statutes and imposing upon the public by selling to the Trade and others a spurions
Legal Decisions to Michaelmas Term, 17 & 18 Vict., in fcp. Svo., article under the name of BOND'S PERMANENT MARKING INK, price 10s. 6d.,
this is to give Notice, that I am the ORIGINAL and SOLE PROTHE
Laws of England, Civil and Criminal; with a Dictionary of Law employ any traveller, or authorise any persons to represent themselves Terms, various other useful Additions, and Supplements of the Acts of as coming from my Establishment for ihe purpose of selling the said the Sessions of 1853 and 1854.
Ink. This Caution is published by me to prevent further impositions London: Longman, Brown, Green, & Longmans.
upon the public, and serious injury to myself.
E. R. BOND, sole Executrix and Widow of the late John Bond, 2, JARMAN'S NEW CHANCERY PRACTICE.-SECOND EDITION. Long-lane, West Smithfield, London. This day is published, in 1 vol. 12mo., price 188. cloth,
To avoid disappointment from the substitution of counterfeita, THELNE PRACTICE of the HIGH COURT of be careful to ask for the genuine Bond's Permanent Marking Ink, and
of by , Original Summons, and to Proceedings in the Judges' Chambers and at any time been prepared by him, the Inventor and Proprietor. Masters' Offices : including Forms of Costs and numerous other forms, the Practice relating to Special Cases, the several Acts concerning Printed by HENRY HANSARD, at his Printing Office, in Parker Trustees and Charitable Trusts, and the Indemnity of Executors and Street, in the Parish of St. Giles-in-the-Fields, in the County of MidAdministrators, with the Orders and Decisions of the Court thereunder; dlesex; and Published at No. 3, CHANCERY LANE, in the Parish of and a copious Index. By HENRY JARMAN.
St. Dunstan in the West, in the City of London, by HENRY SWEET, London: W. Maxwell; S. Sweet; and Stevens & Norton, Law residing at No. 34, Porchester Terrace, Bayswater, in the County of Booksellers and Publishers.
Middlesex.-Saturday, December 9, 1854.
TOFTRÆRS, SC. Whereas it has lately come
to my knowledge
DECEMBER 16, 1854.
NAMES OF THE CASES REPORTED IN THIS NUMBER.
COURT OF Queen's Bench (Continued).
shire Junction Railway Company.-(Railway ComVICE-CHANCELLOR STUART's Court.
pany-Elegit against the Company-Execution Powdrell o. Jones.- (Administration - Articles of
against Shareholders-Companies Clauses Con. Partnership-Penal Sum-Specialty Creditor
solidation Act, 8 & 9 Vict. c. 16, s. 36-Man. Partnership Accounts-Marriage Settlement, Ex
damus- Register of Shareholders-Inspectionchange of Estate subject to-Substitution - Cove.
Amendment of Writ)
1054 nant under Seal-Breach of Trust)...... 1048 In re Allison.-(Habeas Corpus-Warrant of Com.
mitment- Conviction--16 847 Vict. c. 30, s. 1) 1055 VICE-CHANCELLOR Wood's COURT.
COURT OP Common PLEAS. Bones o. Angier.-(Practice-Substituted Service in
Lloyd v. Davies.-(Will and Codicil-Construction a Mortgagee's Suit)
1056 Pennall v. Brown.-(Practice-Evidence)
COURT OF EXCHEQUER.
Grayson v. Andrews.-(17 & 18 Vict. c. 125, 8. 33–
Stating Grounds in Rule for new Trial, &c.Reg. v. Jarvis.—(Inspectors of Weights and Mea.
1057 sures - Appointment without Salary — 5 & 6
Crown Cases RESERVED.
1051 Reg. v. Robins.-(Larceny-False Pretences)...... 1058 Reg. o. Sturge. — (Indictment - Footway Misde.
Reg. v. Beeston.–(Evidence-Deposition-11 & 12 scription-14 & 15 Vict. c. 108, s. 1)..
Vict. c. 42, s. 17— Different Charges-Opportu. Reg. 0. Abney.-The Churchwardens of Whitwick,
nity for Cross-examination)....
1058 Apps., Stinson, Resp.-(Church Rate-Enlarging
Reg. v. Clarke.--(Rape-Consent obtained by Fraud Burial Ground-Repair of Church-Joint Rate
- Married Woman)..
1059 - Church Building Acts, 58 Geo. 3, c. 45, and
PREROGATIVE COURT. 59 Geo. 3, c. 134, 8. 24)
1052 Drewe o. Long.-(Administration Bond-Assignees) 1060
LONDON, DECEMBER 16, 1854.
act, have been so clearly pointed out by the Common
law Commissioners in their Second Report, where It has been, perhaps, too hastily assumed that the these improvements are recommended, that we cannot powers heretofore exercised by Courts of equity in do better than briefly refer to some" passages in that decreeing specific performance of contracts have been Report. conferred, by the Procedure Act of 1854, upon the “. It is true,' say the Commissioners, that, besides Courts of common law. The learned Commissioners, the proceeding by action at law, there exists, in cases upon whose Report the bill was originally framed, had where a public inconvenience or private wrong is occarecommended this great innovation, and by many* it sioned by the omission of a public or official duty, or was taken for granted that it was expressed by the 68th one imposed by act of Parliament for the benefit of insection of the statute, whereby the plaintiff in an action dividuals, and no sufficient remedy is afforded by action may claim a writ of mandamus “commanding the de- for damages, a process, by writ of mandamus, to compel fendant to fulfil any duty in the fulfilment of which the performance of the particular duty. This proceedthe plaintiff is personally interested.”
ing is not common to all the Courts, but peculiar to the The observations, however, of Messrs. Holland & Court of Queen's Bench; and it appears to have been Chandless, in their able edition of the statutet, tend originally confined in its operation to a very limited forcibly to shew that this section will have a much class of cases affecting the administration of public more limited operation. The whole of their note (pp. affairs, such as the election of corporate officers, the 243—246) upon this important subject is worth tran- restoration of officers improperly removed, the comscribing, but we must content ourselves with presenting pelling inferior courts to proceed with matters within a portion of it to our readers.
their jurisdiction, or public officers to perform duties “ The former state of the law of mandamus,” they imposed upon them by common law or by statute, as say, “ with its defects, and the object and bearing of to make a rate, and the like; and there can be little the improvements intended to be carried out by this doubt that the extreme hardship arising out of the de
fect in the law which we have pointed out was one * Among others by the writer of two articles in The Jurist, considerable motive for the extension of the remedy, in ante, pp. 409, 441).
more recent times, to cases in which the rights of pri+ The Common-law Procedure Act, 1854; with Treatises vate individuals only were concerned. In the course of in Injunction and Relief.” It also contains a Treatise on Inpection and Discovery, by C. E. Pollock, Esq., Barrister at modern legislation no session of Parliament occurs in Law.
which a great number of acts of Parliament de ne pas Vol. XVIII.
for making railways, forming docks, building bridges, machinery of an ordinary action is to be applied to improving towns, and an infinite variety of public such proceedings. works, for the most part to be done by joint-stock cor
“ There is, further, a new provision in sect. 74, em. porations or companies for the benefit of the share- powering the Court, besides or instead of proceeding by holders. In almost every act of this kind numerous tiff or some other person at the expense of the defend
attachment, to cause the work to be done by the plain provisions are to be found which direct that the com- ant. . .. pany shall do certain works for the benefit of indi- “By sect. 68 it is provided, that the plaintiff it viduals, such as making communications between lands any action in any superior court, except replevin and intersected by works authorised by the acts, substituting ejectment, may proceed for a mandamus. On reading new buildings for others which have been necessarily first sight that the mandamus could only be claimed
the words, in any action,' &c., it might appear a removed, making roads and communications in lieu of when an action was pending for some cause besides the old ones blocked up or injured, and a variety of other omission to perform the act sought to be compelled works of a similar character. In the event of non- that is, that no writ could be issued solely for the pur compliance with these enactments, as, indeed, in all pose of claiming a mandamus. But looking to the cases where the proceeding by mandamus must be re
provision enabling the plaintiff in his declaration to sorted to, the remedy is uncertain, tedious, and ex- that in many cases no other ground of action would
claim the writ separately, if necessary, and to the fac pensive.
exist, it is apprehended that such a construction would 66 In any case where a party has such an interest in not be put upon the words of this section.” the issuing of a mandamus as to be able to maintain an In the New Rules and Forms just issued, (Reg action for damages in case of a false return, or, in other Gen., Mich. Vac., 1854), we observe, that although words, wherever any person is interested as a private (Rule 36), there is no form applicable to the writ of
form of indorsement for a writ of injunction is given individual in the performance of any act which may mandamus. Perhaps the learned judges were unwill. be enforced by mandamus, the latter writ is as much ing to put a construction upon this class of section ex debito justitiæ as the writ by which, after so much until compelled to do so. expense and delay, he may now recover damages for a In connexion with the subject which we have been false return.' (Second Report, p. 41).
considering, reference may be made to a decision of the “We now proceed to consider the language of the Court of Exchequer, (The Mines Royal Societies v sections in this act; and, first, it may be observed gene- section of the statute as authorising an equitable de
Magnay, 18 Jur., part 1, p. 1028), construing the 83rd rally, that no change has been made in the law of fence to be pleaded at law, only where the facts pleaded mandamus, but solely in the proceedings to obtain the are such as would entitle' the defendant to a perpetual writ.
injunction in equity to restrain the action. “The question will probably be raised, whether, under
The defendant sought to plead, “for defence on sect. 68, the Courts have practically the power of en- lease for non-payment of rent and non-repair, an agree
equitable grounds,” to an action by his landlord on a forcing the specific performance of any contract; but it is ment between the plaintiff and the defendant that the submitted that no such power is given, and that the latter should surrender the tenancy by yielding up that words. duty in which' &c. do not include duties result- portion of the premises which was in his own occupa ing from express private contracts between two parties, tion, and allowing the plaintiff to receive the rents and and for breach of which an action of tort lies, (see profits of the remainder occupied by the tenants of the Boorman v. Brown, 3 Q. B. 511), but is confined to defendant; that the defendant should pay to the plaintif another class of cases, where a private wrong is occa- a certain sum, and relinquish to him machinery on the sioned by the non-fulfilment of some public or official premises; and that the lease and counterpart should duty, or one imposed by act of Parliament for the be delivered up to be cancelled; with an averment of benefit of individuals; as, for instance, where a private performance on the part of the defendant, and that company, which has the option of taking land, gives a the action was brought in fraud of such agreement, and notice under an act of Parliament to treat. This would that it was entirely the plaintiff's fault that the sur be held a declaration of their option to take, and a con- render was not completed. Parke, B., said, " I take tract of purchase, of which the Court would compel it that a defence on equitable grounds, under this specific performance. (See per Patteson, J., in Reg. v. statute, means that which in a court of equity would The Commissioners of Woods and Forests, 15 Q. B. 74). of itself be an actual and complete answer to the
“ In confirmation of this view, we may refer to the case of the other side, so as to afford ground for a perReport of the Commissioners above cited; and further petual injunction. Now, you could not, in the present mention, that a clause expressly empowering Courts state of things, have a perpetual injunction to prevent of law to grant specific performance of contracts was the plaintiff going on with this action, because it is a struck out of this act in the House of Lords, on the principle, that he who applies for equity must do ground that it would not be advisable to give the equity. A Court of equity would not prohibit the Court such a power. The right, therefore, sought to plaintiffs in this case from suing, except on condition of be enforced, and the duty, in the fulfilment of which the defendant executing a legal surrender of the lease, the plaintiff is personally interested,' remain the same; which it would accordingly compel him to do on the the same demand and refusal are necessary before com- one hand, and stay the action on the other. But wa mencing the action under the sections as were heretofore cannot do that, for Courts of common law have not required before moving for the rule for & writ of man- the machinery for the purpose. The statute does not damus: and the discretion of the Court in granting or say that Courts of common law shall give relief on withholding the mandamus has been carefully pre- equitable conditions, but that a plea may be allowed served by sect. 71, which empowers the Court, if it which discloses a defence on equitable grounds.” Re shall see fit,' to issue the peremptory writ. The novel ference was also made by the Court to sect. 86, whereby ties introduced are, that the proceedings for a man- it is provided, that if the equitable plea or replica damus to enforce the performance of a duty in which tion cannot be dealt with by a Court of law, so as to do an individual is personally concerned may be com- justice between the parties," it may be struck out; and menced in any of the superior courts, and that the the Court refused to allow the plea.
ADMIRALTY PRIZE COURT.
21. Ditto, ditto, if exceeding ten, but not exceeding
0 10 0 854, and made in pursuance of the stat. 17 & 18 Vict. 23. Ditto, ditto, if exceeding fifty, but not exceeding By an Order in Council, dated the 11th December, 22. Ditto, ditto, if exceeding twenty, but not exceed.
0 15 0 78, intituled “ The Admiralty Court Act, 1854,” it
one hundred ....
1 0 0 s ordered, that from and after the 1st January, 1855, 24. Ditto, ditto, if exceeding one hundred, for every nd until her Majesty shall be pleased otherwise to
fifty, or part thereof, additional
0 10 0 lirect, the fees in the annexed schedule, marked from 25. Monition, decree, commission, or requisition 1 0 0 No. 1 to No. 73 inclusive, shall be substituted in lieu 26. Compulsory or subpoena
0 10 0 f the fees now payable to the judge, registrar, mer- 27. Attachment ..
1 0 0 hants, and marshal of the High Court of Admiralty 28. Marshal executing any monition, decree, comf England, and which, under the provisions of the act pulsory, or attachment, or arresting proceeds or f the 3 & 4 Vict. c. 66, are now carried to the Fee freight, if in the profession ....
0 5 0 und of the said court.
29. Ditto, ditto, if on the Royal Exchange, exclusive
of a charge of 11. ls. by the Royal Exchange And her Majesty is further pleased, by and with the dvice of her Privy Council, to order, and it is hereby 30. Ditto, ditto, if out of the profession, but within
0 10 0 rdered, that all the said fees, numbered from No. 1
five miles of Doctors' Commons, including exNo. 73 inclusive, shall, from the day aforesaid, be
1 0 0 ollected by means of stamps, whether adhesive or 31. Ditto, ditto, if beyond five miles, besides 18. per fixed, and under such regulations as the judge of the mile travelling expenses, per day
2 0 0 aid court shall direct.
32. Marshal executing decree of unlivery, of apAnd her Majesty is also further pleased to order, praisement, or of sale, attending, appointing, nd it is hereby ordered, that the fees in the annexed and swearing appraiser, or delivering a ship and chedule, marked from No. 74 to No. 76 inclusive, stores to the purchaser, agreeably to the inven. hall, from the said 1st January, 1855, be payable
tory, if within five miles of Doctors' Commons 1 0 0 o the Seal Keeper of the said court, in lieu of the fees 33. If beyond that distance, besides 18. per mile for low payable to him in respect of that office.
travelling expenses, per day....
2 0 0 And her Majesty is also pleased to order, and it is 34. Marshal attending unlivery of cargo, or sale fof
ship or goods by auction, besides travelling ereby ordered, that in lieu of the fees now payable to he crier of the said court, there shall, from the day 35. Letter to the Trinity House, or to any Govern
expenses, if in the country, per day ..... 2 0 0 foresaid, be payable to him a uniform fee of 58. on
ment office, or to any person, if at the request of very interlocutory decree, sentence, or motion in court,
only one party in the cause, including messenger 0 10 0 o be paid by the party in whose favour such decree or 36. Ditto, ditto, if at the request of both parties in entence has been given, or by whom such motion has the cause, to each party
0 5 0 een made.
37. Setting out the proceedings in a cause or motion, Whereof the judge, registrar, and other officers of from each party thereto
0 5 0 he said court, the Commissioners of Inland Revenue, 38. Primum decretum
1 0 0 nd all others whom it may concern, are to take notice, 39. Interlocutory decree or sentence, from each party 1 0 0 nd to govern themselves accordingly.
40. Office copy of any document in the English lanWm. L. BATHURST.
guage, per sheet, not exceeding ten folios .... 0 5 0
41. Office copy of papers in a foreign language, or of TABLE OF THE FEES
short-hand writer's transcript of notes, or of 'O BE RECEIVED IN THE High Court OF ADMIRALTY OF abstract or translations made in the registry, ENGLAND IN INSTANCE AND PRIZE PROCEEDINGS.
(besides the charges of the copyist, short-hand
writer, or translator, to be paid by the person lees payable to the Fee Fund, including those of the Judge, on whose behalf the same is made), per sheet, Registrar, Merchants, and Marshal. £ 8. d.
not exceeding ten folios ...
0 10 0 1. Entering action
0 5 0 42. Exemplification of a sentence or other matter, 2. Subducting action
0 2 6 including the cost of parchment or paper, per 3. Warrant of arrest
0 10 0 skin or sheet, not exceeding twenty-five folios 2 0 0 1. Entering caveat against issue of warrant 0 2 6 43. Fee on reference to be paid by the party apply5. Marshal arresting a vessel, or vessel and goods,
ing for the same
5 5 0 if in London or in the river Thames and above
44. Merchant's fee on reference, each merchant, to Blackwall ....
1 0 0 be paid by the party applying for the same.... 5 5 0 1. Ditto, ditto, if at or below Blackwall
2 0 0 45. In reference cases of small value, half fees. 1. Ditto, ditto, at any outport, if effected by a sub.
46. In reference cases of great intricacy, double fees. stitute of the marshal ..
2 0 0 | 47. Drawing and ingrossing report, and schedule an3. Ditto, ditto, at any outport, if required to attend
.... 1 0 0 personally, besides travelling expenses, per day 2 0 0 48. Taxing bill of costs, per sheet, not exceeding ten 1. Possession of a vessel, or vessel and cargo, for
folios, from each party ..
05 0 a day and a night, exclusive of any sum that
49. Ditto, ditto, if only one party
0 10 0 may be paid to a shipkeeper, should such be
50. Search of records, if by a proctor, by a party in a required... 0 2 6 pending cause, or by a seaman..
Nil. 1. Marshal inquiring and certifying the sufficiency
51. By any person other than a proctor, if the cause of sureties...
0 10 0 has been terminated within the last five years.. 0 2 6 l. Bail bond.... 0 7 6 52. If beyond that time....
0 5 0 .. Affidavit of justification
0 2 653. Attendance at the Bank to receive dividends, 1. Release....
0 5 0 transfer, sell, or purchase stock or Exchequer b. Supersedeas..
0 Bills, or convert bills of exchange for suitors .. 1 0 0 1. Restitution of vessel and goods
10 0 54. Attendance out of the profession, besides ls. per 1. Minute in court 0 2 6 mile for travelling expenses, per day
1 0 0 Minute in chambers, including registrar's at
55. Entering caveat in the ledger....
0 2 6 tendance 05 056. Subducting the same
0 2 6 1. Examination of a witness in open court 0 10 057. Receipt for original documents, or for money ·
2 6 1. Filing any plea, proof, or other document, save
58. Poundage on money paid out of the registry, or an exhibit ...
0 5 0 on proceeds paid to the Naval Prize Account, 1. Filing exhibits, if not exceeding ten, for each
0 for every sum not exceeding 501.
0 5 exhibit
01 01 59. For every sum above 501. and not exceeding 1001. 0 10 0