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Law of Costs.-Barristers Called.-Selections from Correspondence.

saying that it is taxable by a different officer, on the same principles; and it is admitted that there is no taxing officer in the Registration Court.

"I was struck with the observation, that the Bill delivered was not in a form fit for taxation; and although I must refuse this application with costs, it must be without prejudice to the right of Mr. Andrews to present a petition for leave to amend the Bill delivered by him." In re Andrews, 17 Beav. 510.

LAW OF COSTS.

James Cottingham, Esq.
Charles Parker Butt, Esq.
Leonard Stewart, Esq.

Charles Wethered Willett, Esq., M.A.
Charles John Hill, Esq., B.A.
James Drummond Griffith, Esq., B.A.
Joseph Robert Monkhouse, Esq., B.A.
Graham Hastings, Esq., B.A.
Francis Rowden, Esq., B.A.
Charles Plummer, Esq., B.A.
Joseph Dacre, Esq., M.A.

165

OF TRUSTEE APPOINTED PENDENTE LITE.

PENDING a suit to remove the surviving trustee of a will, on the ground of misconduct, and for the appointment of a new trustee in his stead, such trustee appointed Mr. Rigby a trustee under a power vested in him, and the new trustee was afterwards made a party to the suit. Mr. Rigby, who did not object, was removed at the hearing together with the defendant.

The Master of the Rolls said "I can neither give nor make Rigby pay costs. A gentleman before being appointed trustee is informed that the persons beneficially entitled to the trust property have had a correspondence with the existing trustee, and that they assert that the trust funds have been misapplied. He also knows that the surviving trustee was about to leave the country for a considerable time, and that the cestuis que trust charge him with a misapplication of the estate, and knowing this, he consents to become a trustee without any communication with the cestuis que trust.

"I think that a person thrusting himself, as it were, into a trust, was bound to inquire into the existing circumstances; and though I am always disposed to give trustees their costs, considering the arduous and important duties they have to perform, I think that a party acting in this manner is not entitled to any costs." Peatfield v. Benn, 17 Beav. 522.

BARRISTERS CALLED.

Michaelmas Term, 1854.

LINCOLN'S INN.
Nov. 17.

Alexander Edward Miller, Esq., B.A.
John Westlake, Esq., M.A.

Herbert Coleridge, Esq.

Charles Piffard, Esq., B.A.

INNER TEMPLE.

Nov, 17.

Mountstuart Elphinstone Grant Duff, Esq.,

M.A.

Hans William Sotheby, Esq., B.A.
Henry Latham, Esq., B.A.
Charles North, Esq., B.A.
John Dawson Mayne, Esq.
Thomas Joseph Torr, Esq., B.A.
William Bachelor Coltman, Esq.
George Moubray Sutherland, Esq.
Charles James Watkin Williams, Esq.
Henry Bruce Arnaud, Esq.

MIDDLE TEMPLE.
Nov. 17.

Michael Maxwell Philip, Esq.
John Dunbar, Esq., B.A.

Hamilton Charles Palmer, Esq., LL.B.
Richard Greene, Esq., B.A.

Michael Angelo Garvey, Esq., LL.B.
Ralph Walters, Esq.

GRAY'S INN.

Nov. 17.

Robert Baker Jones, Esq.

SELECTIONS FROM CORRE-
SPONDENCE.

LAW PARTNERSHIP.-REMEDY FOR WANT
OF ACCOUNT.

written articles.
A. and B. were partners in the law under
The partnership was dis-
solved nine years ago by the usual notice in
the Gazette. A. was to receive and pay all
debts. The parties mutually "engaged" by
an agreement in writing cotemporaneous
with the dissolution, to deliver an account to
the other of all moneys received, and to pay
over to A. the amount receivable by him. B.,
notwithstanding repeated demands and notices
in writing from A., refuses to deliver any ac-
count, although it can be proved that he has
received many large sums on account of the
firm, but above six years ago.

Has A., notwithstanding the lapse of time, a remedy against B.? and should it be by action of account, so as to apply for a compulsory reference under the recent regulations, or by a bill or claim in Equity, or would an

166
application to the Court of Queen's Bench be
desirable to compel B., as an attorney, to per-
form his engagement?
December 21, 1854.

Professional Lists.-Post-Office Regulations.—Noles of the Week.

LAND AGENTS.

A

A good and honourable land agent is a most important person in the management of landed property. I wish to learn from your more experienced correspondents what is the practice of delivering up documents, vouchers, and papers when the land agent ceases to be such or dies.

I have heard of recent instances—one where the whole of the agency papers were burnt or destroyed by the agent, and in another case where, although a small part was delivered up, yet vouchers of settled accounts and the whole of the other papers were detained.

This is a most important subject, the more it is considered, for landed proprietors, -many do not keep copies. A BARRISTER.

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Curtis, Harry Porter, Romsey, in and for the county of Hants.

Haines, George James, Parringdon, in and for the county of Berks. Dec. 22.

Welsby, William, Ormskirk, in and for the county of Lancaster. Nov. 21.

COUNTRY COMMISSIONERS TO ADMINISTER
OATHS IN CHANCERY.

Appointed under the 16 & 17 Vict. c. 78, with
dates when gazetted.

Davis, Edward Marsh, Ross. Dec. 5.
Houchen, John, jun., Thetford. Dec. 1.

DISSOLUTIONS OF PROFESSIONAL PART

NERSHIPS.

From 21st Nov. to 22nd December, 1854, both

inclusive, with dates when gazetted. Clough, Thomas William, and Alfred Bantoft, Huddersfield, Attorneys and Solicitors, Dec. 1.

Rogerson, Thomas, and John Radcliffe, Liverpool, Attorneys and Solicitors. Dec. 5.

Rolt, Frederick, and Charies Etherington, 4, Skinner's Place, Sise Lane, Attorneys, Solicitors, and Conveyancers. Dec. 1.

Skerratt, James, and Joseph Remer, Sandback, Attorneys and Solicitors. Nov. 21.

Vardy, William Stoughton, and James Frederick Delmar, 7, Finsbury Square, Attorneys, Solicitors, and Conveyancers. Nov. 24.

Wright, Newenham Charles, and John Keep Weedon, 4, Furnival's Inn, Holborn, Attorneys, Solicitors, and Conveyancers. Dec. 22.

POST-OFFICE REGULATIONS.

MONEY Orders.

1. On and after the 1st of January next, the rule requiring the payment of an additional commission for a duplicate money order, or for a transfer from one office to another, &c., will be extended to cases of alteration in the name of the remitter or payee.

2. The payment of the additional commisand 6d. on all sums between 21. and 51. must sion, viz. 3d. on all sums not exceeding 21., be invariably made by postage stamps transmitted with the application; and unless the amount be so transmitted, the application will not be complied with.

3. All applications upon this subject must be addressed to the Controller of the London, Dublin, or Edinburgh Money Order Office, according as the order was issued in England (or Wales), Ireland, or Scotland.

4. The errors which often make alterations in money orders necessary may be avoided by the use of the printed forms of application the rate of five for one halfpenny, and by the which are sold at all Money Order Offices at applicant always examining his order before quitting the issuing office.

(Signed) ROWLAND HILL, Sec. December, 1854.

NOTES OF THE WEEK.

INCONVENIENCE OF THE CITY COURTS OF

JUSTICE.

DURING the progress of the cause of Parnell v. Goater, on the 21st December, at Guildhall, Lord Campbell frequently com plained of the noise, and directed that a door leading into the body of the Court might be kept closed. The order not having been obeyed, his lordship directed that the usher who had charge of the door should be brought before him. He was accordingly sent for, but it appeared he was not to be found at his post.

Lord Campbell.-"The manner in which these Courts are kept is disgraceful. Amongst other reforms there must be a reform in the Courts, or I will adjourn the sittings to the other end of the town. It is the duty of the city to provide proper attendants to preserve order and keep persons in their proper places. For myself, I will say, I do not care if the Courts are removed from the city altogether, and I shall certainly make that proposal. From The Daily News, 22nd December, 1854

NEW MEMBERS OF PARLIAMENT.

William Stuart, jun., Esq., for Bedford, in the room of Henry Stuart, Esq., deceased.

Sir Joseph Paxton, Knight, for Coventry, in the room of Charles Geach, Esq., deceased.

Notes of the Week.-Superior Courts: Rolls.-V. C. Kindersley.

Joseph Haythorne Reed, Esq., for Abingdon, | in the room of Montagu Bertie, Esq. (commonly called Lord Norreys), now Earl of Abingdon, summoned to the House of Peers. Robert Stayner Holford, Esq., for the Eastern Division of the county of Gloucester, in the room of Sir Michael Hicks Hicks Beach, Bart., decased.

Hugh Fortescue, Esq., commonly called Viscount Ebrington, for Marylebone, in the room of Dudley Coutts Stuart, Esq., commonly called Lord Dudley Coutts Stuart, deceased.

LAW APPOINTMENTS.

167

Mr. Craufurd, the present Solicitor-General for Scotland, will be appointed to the vacant seat upon the Bench caused by the death of Lord Rutherfurd. There being at present an Earl of Crawford, he will therefore take his seat as Lord Ardmillan.

Thomas Makenzie, Esq., the Sheriff of Ross, obtains, with the full satisfaction of the Profession, the gown of Solicitor-General.

Mr. Philip Smith Sparling, of Colchester, has been appointed Clerk to the Burial Board of St. Osyth, Essex.

RECENT DECISIONS IN THE SUPERIOR COURTS.

Master of the Rolls.

Earle v. Ferris. Nov. 13, 1854.

SUIT BY

HUSBAND CLAIMING

PROPERTY

PURCHASED BY WIFE.-PARTIES.

Held, that the wife is not a necessary party to a suit by a husband against her trustee for a declaration that certain property, which she had purchased, and had had conveyed in trust for herself, was held by the trustee in trust for himself; and a demurrer on her behalf was allowed, where she was a defendant.

THIS bill was filed by the plaintiff against his wife and her trustee, for a declaration that certain property, which she had purchased out of her savings, and had had conveyed in trust for herself, was held by the trustee in trust for the plaintiff.

Palmer and Batten appeared in support of a demurrer by the wife.

Sandys for the plaintiff, contrà.

The Master of the Rolls said, that in accordance with Davis v. Prout, 7 Beav. 288, the demurrer must be allowed, as a wife could only be made a defendant to a suit by her husband in respect of her separate estate.

Millar v. Chapman. Dec. 4, 1854.

WILL.-CONSTRUCTION.

"OR."

TUTIONAL DEVISE.

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SUBSTI

A testator, by his will, devised certain pro-
perty, to which he was entitled upon the
death of a tenant for life, to trustees in
trust to convert the same and to divide the

proceeds equally between his children living at the death of the tenant for life, or such others as would have been entitled at the death of their parents: Held, upon the death of the tenant for life after the testator, that the children then living were entitled only, and to the exclusion of a grandchild whose father pre-deceased the tenant for life, although he survived the testator. THE testator, by his will, dated in July, 1815, devised certain property, to which he was entitled upon the death of a tenant for life, to trustees in trust to convert the same and to di

vide the proceeds equally between his children living at the death of the tenant for life, or such others as would have been entitled at the death of their parents. It appeared at the death of the tenant for life, who survived the testator, that there were two children (the present plaintiffs) surviving, and a grandson (the defendant) whose father survived the testator but predeceased the tenant for life.

Palmer and Surrage for the plaintiffs; Follett and De Gex for the defendant.

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The Master of the Rolls said, that the word or was substitutional, and the gift only operated on the testator surviving the tenant for life, and the defendant was not therefore entitled.

Vice-Chancellor Kindersley.
Jenkins v. Bryant. Nov. 9, 1854.

ORDER OF COURSE TO CHANGE SOLICITOR
-DISCHARGE-SUPPRESSIO VERI.

An order was obtained at the Rolls as of
course to change the solicitor on the re-
cord:
: upon its appearing that there was a
special agreement, which had not been
stated on the order being obtained, it was
discharged with costs.

THIS was a motion to discharge an order, which had been obtained as of course at the Rolls, to change solicitors in this case. It appeared that there was a special agreement which had not been stated on the order being obtained.

Glasse and Bennett in support, Toller contrà.

The Vice-Chancellor said, that a special order should have been obtained, and discharged the order of course with costs.

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Jenkins v. Vaughan. Dec. 7, 1854.
SUBPOENA TO HEAR JUDGMENT.

TUTED SERVICE
LICITORS.

SUBSTI

ON DEFENDANT'S SO

Leave given to substitute service of the subpana to hear judgment on a defendant, whose solicitors had, by leave of the Court,

168 Superior Courts: V. C. Kindersley.-V. C. Stuart.-Queen's Bench.-Common Pleas.

been served with the copy bill, and where,
on their not appearing, the plaintiff had
entered an appearance and no answer had
been put in.

THIS was a motion for leave to substitute the service of the subpoena to hear judgment on a defendant, whose solicitors had, by leave of the Court, been served with the copy bill, and on their not appearing, the plaintiff had obtained leave to enter an appearance, but no answer was put in.

W. W. Cooper, in support, referred to the 15 & 16 Vict. c. 86, s. 26, which enacts, that "in suits in the said Court commenced by bill, where notice of motion for a decree or decretal order shall not have been given, or having been given where a decree or decretal order shall not have been made thereon, issue shall be joined by filing a replication in the form or to the effect of the replication now in use in the said Court; and where a defendant shall not

have been required to answer and shall not have answered the plaintiff's bill, he shall be considered to have traversed the case made by the bill," and to the 28th Order of August 7, 1852, directing that, "where a defendant shall not have been required to answer, and shall not have answered the plaintiff's bill, so that under the 15 & 16 Vict. c. 86, s. 26, he is to be considered as having traversed the case made by the bill, issue is nevertheless to be joined by filing a replication in the form or to the effect of the replication now in use."

The Vice-Chancellor made the order as asked, in accordance with Barton v. Whitcomb, 23 Law J., N.S., Ch. 523.

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Held that the signature of counsel is not necessary to a claim to enforce the specific performance of an agreement for the sale of real estate.

Ir appeared on this claim coming on for hearing, and which was filed to enforce the specific performance of an agreement for the sale of real estate, that it had not been signed, although prepared by counsel.

E. Vansittart Neale, in support, referred to 1st order of April 22, 1850, section 8.1 The Vice-Chancellor held, that the signature of counsel was unnecessary.

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COMMON LAW PROCEDURE ACT, 1854.-AP-
PEAL FROM REFUSAL OF RULE NISI.

The Court refused a rule nisi to set aside the verdict for the plaintiffs and to enter a nonsuit, upon a point of law, which was well established, and it appeared that none of the Court entertained any doubt on the refusal of the rule: Held, that an appeal would not be granted under the 17 & 18 Vict. c. 125, s. 35, and that it was in the discretion of the Court to refuse the appeal. Vict. c. 125, s. 35, for leave to appeal from the THIS was an application under the 17 & 18 decision of this Court refusing a rule nisi to set aside the verdict for the plaintiffs and enter a nonsuit (reported ante, p. 39).

Bramwell in support.

Cur, ad. vult. cient doubt expressed by any Judge, the appeal The Court said, that where there was suffi was a matter of right, but otherwise it was discretionary. If the point had been new, an appeal would have been allowed, although the Court had been unanimous, but as this was not the case, the application must be refused.

Court of Common Pleas. Goatley v. Emmott. Nov. 14, 1854. SECURITY FOR COSTS-ACTION BY INSOL

VENT AFTER ASSIGNMENT OF DEBT.

A Judge's order was obtained in an action by an attorney to recover the amount of his bill of costs, on him to find security for costs on the ground of his insolvency and assignment of the debt: A rule was refused to set aside the order.

THIS was a motion for a rule nisi to set aside an order of Crowder, J., calling on the plaintiff, who was an attorney, to give security for costs in this action to recover the amount of his bill of costs, on the ground he was insolvent and had assigned the debt.

F.D. M. Dawson in support.

The Court said, that in accordance with the J., N. S., Exch. 7, the application must be rerecent decision of Perkins v. Adcock, 15 Law fused, although some of the older cases might be inconsistent with the latter case.

for a new trial upon the ground that the Judge 1 Which enacts, that " in all cases of motions show cause be refused, or if granted be then has not ruled according to law, if the rule to discharged or made absolute, the party decided Which directs that " against may appeal, provided any one of the any person seeking Judges dissent from the rule being refused, or equitable relief may, without special leave of when granted being discharged or made absothe Court, and instead of proceeding by bill of lute, as the case may be, or provided the Court complaint in the usual form, file, or claim in in its discretion think fit that an appeal should the Record and Writ Clerks' Office," "in any be allowed; provided that where the applica case where the plaintiff is or claims to be" "ation for a new trial is upon matter of discretion person entitled to the specific performance of only, as on the ground that the verdict was an agreement for the sale or purchase of any against the weight of evidence or otherwise, no property, seeking such specific performance.' such appeal shall be allowed."

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The Legal Observer,

AND

SOLICITORS' JOURNAL.

-"Still attorneyed at your service."-Shakespeare.

SATURDAY, JANUARY 6, 1855.

REGISTRATION OF TITLES.

ONE of the most important questions now under the consideration of the members of the Profession, in both its branches, is that of the Registration of the Title to landed Property.

It was truly stated in the Petition of the Incorporated Law Society in 1851, that "the subject of a General Registration of Assurances has occupied, at intervals, the attention of some of the greatest minds that ever adorned the Bench or Bar of this country, from the time of Lord Bacon to the present day, but hitherto no scheme has been suggested which was not open to insuperable objections."

every species of incumbrance,-one single deed conveying the fee simple will alone be entered. If trustees be appointed in whom the parties beneficially interested have full confidence, no caveat, distringas, or inhibition need be entered on the register. A mortgagee would, of course, be advised to lodge an inhibition, but the entry would be short. The deed effecting the incumbrance would be produced to the Registrar and marked.

In a large class of instances, however, though the entries would be concise, they would be as numerous as they are now, for parties entitled in reversion or remainder who had not the same confidence in the trustees as the tenants for life, would proIt seems now to be generally acknow-bably avail themselves of the right of enterledged that it is impossible to frame a safe ing their claims on the register; and wherand satisfactory scheme for the registration ever a sale or mortgage took place by the of all deeds and instruments relating to reversioner, an inhibition would, of course, land. The advocates of a General Register be entered. appear to have given up that comprehensive design as altogether impracticable, and turned their attention to a mere register of the holder of the legal estate, after the manner of the stockholder in the Government Funds.

The proposed reform of the Law is now avowedly directed to the diminution of the expense of all dealings and transactions with landed property. The complaint is that the costs of investigating a title to, and completing the conveyance of, an estate constitute a grievous and unnecessary burden upon land, which ought to be diminished.

The new plan for effecting this object is simple and ingenious. Instead of entering on the Register every deed in any way affecting the title to the property:-wills, settlements, trusts, rent-charges, mortgages, eqitable as well as legal, contracts, and VOL. XLIX. No. 1,400.

In all these cases we must assume there would be no mistake in making the proper entry, nor in due notice being given in case any application should be made to create another charge on, or to dispose of, the property. Great care will, of course, be requisite in giving and proving the proper notices before the charge on the register could be removed.

There can be no doubt that several of the objections which were urged against a General Register of Deeds, are avoided by the new plan. The parties will be enabled to keep possession of their own deeds, declaring the trusts on which the legal estate is held, and the family arrangements and pecuniary transactions of the parties will not be exposed to interested opponents or idle curiosity.

Looking, however, at the vast magnitude

L

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