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Law of Costs.-Notes on Recent Statutes.-Law Students' Corresponding Society. 65 opinion that the applicant will not be en- Your Committee feel that to enumerate the titled to be admitted upon this examina- many advantages accruing to the Law Student tion.” Exparte Brutton, 1 Lowndes & from mutual intercourse with his fellows, would Maxwell, 219.

be quite an act of supererogation, but nevertheless they would urge upon all, the consi

deration of those advantages which they regret LAW OF COSTS.

have at present received so little attention at

the hands of the Junior Members of the ProSECURITY FOR COSTS ON PLAINTIFF'S fession. GOING ABROAD PENDING SUIT.

Your Committee deem it advisable briefly to The plaintiff was resident in England in

advert to the distinguishing features and obMarch, 1851, when he filed his bill, but being the attention of those Articled Clerks who are

jects of this Society in the hope of attracting in embarrassed circumstances in May, 1852, not at present aware of its existence. It is debe went to, and was still resident in, Jersey. signed, first-As a means of friendly interOn a motion that he might give security for course and for the purpose of engendering costs, the Master of the Rolls said, "I think Articled Clerks ; secondly-To supply the

feelings of unanimity and friendship amongst you are entitled to the order. The state of the wants of a Debating Society in small towns, case is this :-this gentleman, in the early by affording a medium for the written discuspart of the year, leaves his residence, and it sion of moot points, and the composition of does not appear where he went, except that for furnish opportunities to the Student to apply

and thirdly-By the same means, to

essays; some time he was residing with his solicitor. principles to practice, and thus assist him in He then appears in Jersey, and writes that he obtaining a practical knowledge of his Prothinks of coming back.

fession. “This is not a case of a plaintiff who, having mittee to state that the Society now numbers

It affords much satisfaction to your Comordinary residence here, goes abroad for a tem- upwards of thirty members, but still considerporary purpose. It is clear, that, in consequence ing the number of Law Students in the kingof pecuniary embarrassments, arising out of dom, they cannot but feel some surprise that other circumstances, the plaintiff has not, and but as they hope that this has arisen chiefly

80 few should as yet have joined the Society; does not intend to have, any fixed residence in from ignorance on the part of the Profession, this country.” Weeks v. Cole, 14 Ves. 518, either of the existence or objects of the Society, Fas cited. Blakeney v. Dufaur, 16 Beav. 292; they trust, by the publication of this Report, 2 De G., M‘N. & G.771,

to bring the Society more generally before that numerous body, for whose benefit it has been

eatablished, and that this increased publicity NOTES ON RECENT STATUTES.

may be followed by a considerable and speedy


With regard to the financial position of the CHANCERY ACTS.

Society, your Committee have to report-That A REFERENCE was directed to the Master finding it impossible to carry on the Society in 1850, and it was ordered that the defendant with the revenue arising from the subscriptions should be examined upon interrogatories as the originally proposed, they have found it neces

sary to call upon each of its members for the Master should direct. A motion for the de- payment of an annual subscription of 28. 6d., fendant's examination vivá voce by the Master in addition to an entrance fee of 28. 6d. payable under the 15 & 16 Vict. cc. 80, 86, was re

on admission.

Your Committee, with the view of adding to fused, and it was held that the Acts did not the stability and importance of the Society, reapply to causes which were in the Masters' commend that it should not be confined exoffices when they came into operation. Routh clusively to Articled Clerks, as they consider 5. Tomlinson, 16 Beav. 251.

that the interests of the Society would be ma

terially consulted, if solicitors could be induced LAW STUDENTS' MUTUAL CORRE

to give it their countenance and co-operation, SPONDING SOCIETY.

by becoming honorary or ordinary members; and in furtherance of so desirable an object,

propose that solicitors be invited to become FIRST ANNUAL REPORT.

honorary members upon payment of a donation The Committee in presenting to the Mem- of half-a-guinea, or an annual subscription of bers this their First Annual Report of the pro- 58., or ordinary members upon the same terms ceedings and progress of the Society, have as the other members of the Society. great pleasure in being enabled to congratulate

CHARLES R. GILMAN, Hon. Sec. them upon the permanent establishment of

St. Giles' St., Norwich, April 9, 1854. an organised system of intercommunication amongst Articled Clerks.

66 Barristers Called Articled Clerks' Queries and Answers.-Correspondence. BARRISTERS CALLED.

vate reading be unreasonable?

It appears hard for one to be engaged during the fourth Easter Term, 1854.

year of service in copying and ordinary office LINCOLN'S INN.-May 1.

work, with now and then a conveyance to Jasper Kenrick Peck, Esq.

draw, and without any right of appropriating John Hutton Tayler, Esq., M.A.

some time to preparation for an examination George Pemberton, Esq., B.A.

which threatens to be of no ordinary character; Herbert Crichton Stuart, Esq., B.A.

and especially when the office hours are so Francis Barchard, jun., Esq., M.A.

heavy as those named above. And is not such William Worsley Knox, Esq., B.A.

a state of things (if there be anything unreaCharles Herbert Smith, Esq., M.A.

sonable in such an application) repugnant to William Hampden Perfect, Esq., LL.B.

the spirit of the articles usually entered into Charles Mahon Tyndall, Esq., M.A.

between master and clerk ? Cyrus Slater, Esq., B.A.

A CONSTANT SUBSCRIBER. Charles Meaburn Tatham, Esq., M.A. Thomas Prothero, Esq.

[We think that the attendance of an ar. Randolph Henry Crewe, Esq., M.A.

ticled clerk from 9 till 5 is generally suf. William Charles Wilks, Esq.

ficient, though on urgent occasions he should

continue his services to a later hour. He INNER TEMPLE.—May 1.

should have the evening to pursue his studies. John Edward Palmer, Esq.

The attorney is bound to teach and instruct William Rainy, Esq. Matthias Calthrow Turner, Esq.

his articled clerk in the profession of an at. George Bryan Bryan, Esq.

torney and solicitor, and to aid him in preparPatrick M'Gregor Robertson, Esq. ing for his admission on the Roll, and this Alfred Augustus James, Esq.

cannot be done without a regular course of Edwin Ward, Esq., B.A.

William Hepworth Dixon, Esq.
Henry Watson, Esq., B.A.
John Airey, Esq.


An Articled Clerk is a member of the Ho. John James Heath Saint, Esq., B.A. nourable Artillery Company, the duties of Henry Charles Taylor, Esq.

which require his attendance not less than Hon. Francis Dudley Stuart Wortley. 24 times in the year, but after 6 o'clock in the

William George Granville Vernon Harcourt, evening. He is also liable to be called out to Esq., B.A.

suppress riots, and other extraordinary occaThomas Bell, Esq.

sions. Will this membership affect the service Philip Henry Le Breton, Esq.

under the articles ?

MILES. Jonathan Darby, Esq., B.A.

[We think not, if the clerk's absence be Joseph Augustus Yorke, Esq.

with the attorney's permission. The ExaMIDDLE TEMPLE.—May 1.

miners have recently held that service for 21 Hubert Lewis, Esq., B.A.

days in the local militia does not prejudice the Rowland Whitehall Kenyon, Esq., M.A.

clerk.-Ed.] Abercromby Robert Dick, Esq. John Turner Hopwood, Esq.

SELECTIONS FROM CORREHenry Edward Daniels, Esq.

Fred. Benj. D’Elwood Ramadge, Esq., B.A.
John Kirke, Esq.
William Thomas Greenhow, Esq., B.A.

Philip Meadows Martineau, Esq., LL.B. I LATELY sent an agent to effect an insur-
Robert Patten Adams, Esq.

ance against fire in the General Life and Fire Edward Matthew Fenwick, Esq.

Insurance Company, and received an acknowledgment that X. B., having made a proposal

which is enARTICLED CLERKS' QUERIES AND for insuring the sum of £ ANSWERS.

tered in the office books, the same is accepted,

subject to the printed conditions of the office; HOURS OF ATTENDANCE.-TIME FOR STUDY, delivered, unless the company shall, by a letter

and a policy expressive of particulars will be To the Editor of the Legal Obserder and from their secretary, decline the insurance, and Solicitors' Journal.

in which case the money received will be reSIR,—I was articled about three years ago turned by application at the office. to a solicitor in the country. The office hours As this appears to be a novel proceeding, I (which during that time I have regularly ob- think it right to draw public attention to it, served) are from 9 A. M. to 8 P. M.

especially as no limit is fixed within which the Would an application for any, and how secretary is empowered to annul the insurance. much, time during those hours for any pri- Possibly some of your subscribers can inCorrespondence.-Candidates who passed the Examination. form the Profession whether the same principle attention drawn to the fact, that where it is is acted on in other offices.


necessary to copy tables or figures into a brief, CUI-BONO. it will be generally found, according to present

computation, that each will contain about three CHANCERY COSTS.

folios only. The charge of 38. 4d. a sheet in Should not a uniformity of practice exist in such cases for 10 folios, will often prove a loss Chancery charges, where exactly the same to the solicitor. trouble is taken, although the suit is com- The registrar before he settles the minutes or menced by a different form of proceeding. In passes an order, always inquires whether notice a claim or summons, the fee allowed as instruc- has been given to the opposite party, and if tions for and entering appearance for nine de- not, he requests it may be-this sometimes will fendants, would be 11. 18. On a bill or special extend itself to four or five solicitors, and procase, only 6s. 8d. is allowed. In the latter bably at some great distance-still no allowcases the instructions are generally much more ance is made for such notices, now considered extensive.

absolutely necessary. At Common Law such The Taxing Masters should also have their notices would be allowed.



Easter Term, 1854.



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Names of Candidates. Aldham, Robert Huxley Allen, James, jon. Amery, Henry Dickinson Arnall, Joseph Arundel, Robert Backbouse, Thomas James Batchelor, George Beetham Beale, Samuel Martin Bisdee, Thomas Denning Blagg, Charles Joba Bradshaw, Richard Brealey, Albert Brutton, William Courtenay Callaway, John, jun. Canbam,'Henry Crabb : Carr, Edward Statter Cartwright, Frederick Henry Chambers, William Chapman, George Cole, Henry Collinson, Jobo William Sowden Cooke, Cbarles James Crawford, William Henry Creery, Leslie Crowther, William Alfred Dalton, Thomas Masters Davies, Rees Thomas Davis, Frederick John Dinn, Henry Dodd, John Tbomas Drawbridge, William Dunn, William Dymond, Edward Ernest Dysart, William Hobson Earle, Augustus Percy, M. A. Everest, William Alexander . Faber, Henry Grey Fielding, Henry Footner, George Maughan Fry, Lewis Gaskell, Samuel Glubb, William Frederick Googb, Alexander Clement Foster, B. A. Gould, Thomas Gratton, Richard Thomas Green, James, jun. Greenway, John Haines, John Hickman, William

To whom Articled, Assigned, 8c.
Boys Robert Aldham
Henry Nicol
Rowland Price
Henry Thompson
John Bailey Girdlestone ; Bertie Markland

Richard Backhouse • John Elliot Wilson

John Stallard
Henry Davies
Robert Griffin
William Humphrey Pilcher
Edward Thomas Whitaker
Henry Ford ; Charles Brutton
George Furley
George William Andrews; Frederick Solly Gosling
John Newbold; Algernon Sydney Field
Frederick Hawksley Cartwright
Richard Williams
John Innes Pocock
William Lambert
John Collinson
John Lovegrove; Charles Bell; Joseph Lovegrove
Henry Ray Freshfield
Robert Furley
Frederick Farrar
Thomas Dalton
Jobo Jackson Price
Thomas Morgan
William Hayley Englebeart; Robert Breeze

Robert Jobó Porcher Broughton • James Campeg Laycock

Edward Thomas Whitaker
Joba Gidley
Jobn Vaughan
Nicholas Earle
William Everest
Thomas Henry Faber ; Thomas Tudor Trevor
Henry Kingsford
George Bright Footner
James Livett
Ralph Leigh
William Gill Glubb; Peter Burke Glubb
Joseph Foster ; Edward Henry Ricbards
Edward Joba Blair
John Cutts
Johnson Atkinson Busfeild
William Lavers, jun.

Samuel Haines • Charles Davies


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Candidates who passed the Examination.-Professional Lists. Names of Candidates.

To whom Articled, Assigned, &c. Hillman, Edward

John Tattersall Auckland Hillman, Robert William

Robert Hillman Hinde, Charles Heaton

Jobo Thompson; James Watkins Howell, Edward Joseph

Thomas Acres Curtis Hughes, Walter, jun.

Francis Kearsey Jaquet, George Robert

Thomas Moseley ; William Moseley Tayler Jeffery, Jobn Rust

Edward Lane Swatman Johnson, Samuel George

Knowles King Jones, Henry

Francis Gibbs Abell Jones, Samuel

John Hawley Edwards Kell, Thomas Edward

George Brooke Nelson Kelly, Charles Frewen, M. A.

John Peter Fearon King, Artbur Wightwick

Baldwyn and Morgan Lander, William May

Alfred Goddard Leathes, Charles Edmund Stanger

Samuel Cotton Lomax, Richard

Alfred Grundy Marshall, Thomas

George Furley; Stepben Charles Venour Marshall, William

John Edwin Marshall Mitchell, William Wagner

Thomas George Moordaff, William

Richard Armstead Morris, Thomas Porter

Tbomas Morris; Jobo Fortescue New, Francis Charles

William Gibson New, Frederick Bayly

Richard Bowerman; William Sandys Parker, William

Robert Cbristopher Parker Peek, Richard

Philip Octavius Jervis ; Hen. Moore ; John Bishop Pollard, John Metcalfe .

William Romaine Gregg Preston, Richard Montague

Timothy Tyrrell Rackham, Matthew Robert

Robert Wortley Robinson, Arthur Ingram

Dixon Robinson Robson, Edward

William Frogatt Robson Rowland, Richard

Christopher Robson ; Charles Henry Edmands Rudge, Edmund, jun.

Joshua Thomas Rush, Edward

John Roger Rush Sheppard, Charles Edward

Charles Augustus Helm; Edwin Wilkins Field Smith, Henry John

John Thomas Tenney Sturt, William

• William Charles Solé Swan, John

William Grant Allison ; Robert Swann Taylor, Albon

· Edward Erskine Tustin Taylor, George Whitfield

William George Thomas, Isaac

: Jobo Maybew; Ralph Darlington ; Thos. Frederick

Taylor Thompson, John

John Musgrave; Peter Wright Tibbits, John Markham

Arthur Bayley Markham Tompkins, Henry :

Inigo Gell; James Sowton Tootal, Montague Robert

James Wheeler ; Samuel Benjamin Merriman Tuke, Henry George

Charles Druce ; Rowland Nevitt Bennett Turner, William

George Wood Wadeson, James Weyman

Samuel James Wadeson; Charles Evans Walls, James Gordon

William Albert Walls ; Edward Frederick Burton Way, Charles

Henry John Mant; Nathaniel Bridges
Wayman, Ephraim

Edmond Foster
Wild, James Anstey,

John Mackrell; William Macmurdo Hacon
Williams, Charles

William Williams; George Williams Winter, George

George Joseph Twiss; Frederick Grain




PROFESSIONAL LISTS. 15, Hatton Garden, Attorneys and Solicitors.

May 9.

Robinson, Alfred, and Robert Haynes, 17. Orchard Street, Portman Square, Solicitors,

May 9. From 25th April to 19th May, 1854, both inclusive, with dates when gazetted. COUNTRY COMMISSIONERS TO ADMINISTER

OATHS IN CHANCERY. Barley, Edmund, Frederic James Wise, and Robert Dawbarn, jun., March, Isle of Ely, Appointed under the 16 & 17 Vict. c. 78, with Attorneys and Solicitors (so far as regards the

dates when gazetted. said Edmund Barley). April 25.

Burd, Lawrence, Shrewsbury. May 2, Jameson, John, and Thomas Gibson Cant, Clark, Alfred, Moulton. May 5. Penrith, Attorneys and Solicitors. May 12. Collins, Thos., Bury St. Edmunds. May 2.

Kidson, John, and Henry Dixon, Sunder- Hawke, Henry, Sheffield. May 19. land, Attorneys and Solicitors. April 25. Hinton, Frederic, Lyme Regis. May 2.

Orchard, Thomas, and George James Eady, Macaulay, Wm. Henry, Leicester. May 16. Profes. Lists.--Notes of Week.-Superior Courts: V. C. Kindersley.-V.C. Wood. 69 Metcalfe, Frederic Morehouse, Wisbeach. Frederick North, Esq., for Hastings, in the May 9.

room of Musgrave Brisco, Esq., who has acPage, George, Birmingham. May 19. Page, William Sutton, Stroud. May 9.

cepted the office of Steward of her Majesty's Payn, William, Birmingham. April 25.

Chiltern Hundreds. Pinniger, Henry William, Westbury. May 5. Sir Thomas Erskine Perry, Knight, for Stevens, Richard, Witham. May 19. Stevenson, John Mackeness, Northampton. Henry Tufnell, who has accepted the office of

Devonport, in the room of the Right Hon, May 16.

Steward of her Majesty's Manor of Northstead, PERPETUAL COMMISSIONER. Appointed under the Fines and Recoveries' Act,

LAW APPOINTMENTS. with date when gazetted.

Gillery Pigott, Esq., has been appointed Simonds, Robert Withington, Winchester, Counsel to the Board of Inland Revenue, in in and for the City of Winchester, also in and for the County of Hants.

May 12.

the room of Thomas Phinn, Esq., M. P., ap

pointed Counsel to the Admiralty and Judge NOTES OF THE WEEK.

Advocate of the Fleet.



Herry Manners, Baron Waterpark, for the The Quran has been pleased to appoint city of Lichfield, in the room of Thomas Geo. William Young, Esq., to be Attorney-General, Anson (commonly called Viscount Anson) now and William A. Henry, Esq., to be SolicitorEarl of Lichfield, called up to the House of General for the Province of Nova Scotia.Peers.

From the London Gazette of May 23.






Vice-Chancellor Kindersley.

Vice-Chancellor Mood. In re Drewry's Trusts, exparte Overseers, 8c.,

Shroeder and others v. Shroeder. May 5, 1854. of Whitehaven. May 5, 1854.


A testator, by his will, dated in 1825, devised

all his real estate of or to which he then was FUND IN COURT.

or at the time of his decease should be seised An order was made on petition for the pay- or entitled, or which he then had or there

ment of the expenses for the support of a after should have power to dispose of or lunatic pauper in an asylum, and of his wife appoint by will, on certain trusts for his and child by the parish, out of a fund paid wife and children, and by a codicil in 1827, into Court under the 10 g: 11 Vict. c. 96, after reciting a contract for the purchase to which he was entitled, with a declaration of an estate, he directed the same to be held that the fund was liable for the future on the trusts of the will. The estate was maintenance.

afterwards conveyed to him on the usual This was a petition for the payment to the

trusts to bar dower : Held, on special case, petitioners of the expenses for the support of

that as it was the testator's intention by his lunatic pauper in an asylum, and of his wife

codicil to confirm his will, but the subseand child, out of a fund'in Court paid in under

quent conveyance took the estate out of the the 10 & 11 Vict. c. 96, to which he was en

codicil, and it passed to the eldest son as titled, and for a declaration that such fund was

heir-at-law, the heir-at-law was put to his liable for the future maintenance. The fund

election to take under the will or such had not been invested.

estate. Tripp, in support, cited In re Upfull’s Trust, This was a special case under the 13 & 14 3 M N. & G. 281; Read v. Legard, 6 Exch! Vict. c. 35. The testator, by his will, dated R. 636.

in July, 1825, devised all his real estates of or The Vice-Chancellor said, there was great to which he then was, or at the time of his difficulty with respect to applying the

decease should be, seised or entitled, or which

corpus of a pauper's property, for past expenses

he then or thereafter should have power to of maintenance, although the income might dispose of or appoint by will, upon the trusts properly have been so applied, but upon the therein mentioned for his wife and children. authorities cited the order would be made as By a subsequent codicil, after reciting a conasked,

tract entered into in November, 1827, for the purchase of freehold property at Stockwell

, he declared that it should be held by his execu

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