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Property Lawyer, No. XIX.
213 (p. 509) as to the removal of officers and terest is the same as before; it is only that clerks; and SS 42, 43, 44, and 48 (pp. 4 & 5, there are bricks and other materials removed ante), as to buildings, Suitors' Fund, &c. are from the house, and some others substituted omitted.
in their room. Then is there any additional interest in the land given to the landlord ? It is said to be a purchase of a rent of 51. a year for the sum of 501., and therefore an interest
in or concerning the land; but though it be THE PROPERTY LAWYER. called a rent in the present contract, and also
a rent in the declaration, yet we are of opinion No. XIX.
that it is not rent in the legal sense and understanding of the word rent; and that the word is not to be understood, in its legal sense,
either in one or the other. It could not be STATUTE OF FRAUDS.
distrained for, for there is no lease which em
braces it ; the lease is for 501 a year, and there By the Statute of Frauds, 29 Car. 2. c. 3. s. 4,
is no lease for 551. If there be a power of reit is enacted that no action shall be brought entry for non-payment of the rent, as is proupon any contract or sale of lands, or any
bably the case, there could be no ground for
enforcing it in respect of the additional 51. interest in them that is not to be performed The assignee of the term could not be charged within one year from the making thereof, un with the increased rent; the assignee of the
reversion could not claim it, because it is not less the agreement shall be in writing and
annexed to the reversion : if the lessor should signed by the party to be charged. And it die, the rent of 501. would go to his heir or has been held under this section, that an agree. devisee; but the right to this additional 51. ment between landlord and tenant to enlarge would go to his executor.
being a mere matter of personal contract,
The only way in the premises demised and to pay an additional which it could be taken to be rent would be, sum during the term, as so much per cent. on sum during the term as so much ner cent on that this contract creates a new demise at an the sum, did not coine within it, but was to be of law, the old lease is surrendered by such
increased rent, and that therefore, by operation considered as a mere collateral agreement. new demise; but it could never be supposed Hoby v. Roebuck. 7 Taunt: 157: 2 Marsh. I to be in the contemplation either of the land
lord or the tenant, that the old lease should be 433. In the following case the circumstances
at an end, and that instead of it a new lease were these :
should be created, which being by parol, could
only have the effect of a lease at will; and The defendant was tenant to the plaintiff of it is quite improbable that such couid be the a house and bakehouse under a lease for twenty intention of either party : we think that though years, commencing from the 7th of June, the word rent has been used, it is too much to 1822, at the yearly rent of 501., payable at the treat it as rent in the technical strict meaning usual quarter days. The defendant being de- of the term, and that all the parties meant was, sirous of some improvements in the house, pro a personal contract to pay an additional 51. a posed to the plaintiff in August or Sept., 1827, 1 year, and we think that this case is to be goto lay out 501, on such alterations which the verned by Hoby. v. Roebuck; for though the plaintiff consented to do; and the defendant agreement, there was to pay ten per cent. upon thereupon undertook to pay him an increased the money laid out, and it was not called rent, rent of 51. a year during the remainder of the yet that was in truth the same thing, and it term, to commence from the quarter preceding only amounted to a collateral contract. As to the completion of the work. A memorandum the contract not being to be performed within in writing was prepared to that effect; but the a year, we think that as the contract was endefendant, for some reason, refused to sign it. | tirely executed on one side within a year; and The alterations were completed in November, as it was the intention of the parties, founded 1827, at an expense of 551.; and the defend on a reasonable expectation, that it should be ant, after Christmas, 1827, paid the increased so, the Statute of Frauds does not extend to rent for the first quarter, but afterwards re- such a case. In case of a parol sale of goods, fused to pay any more than the original rent it often happens that they are not to be paid of 501. The present action was brought for for in full till after the expiration of a longer the increased rent, and the plaintiff was non- period of time than a year; and surely the law suited by Alderson, J.; but the Court of would not sanction a defence on that ground; King's Bench granted a new trial.
when a buyer had had the full benefit of the Littledale, J. delivered the judgment. We goods on his part. are of opinion that the case does not fall within Donellan v. Reud, 3 B. & Ad. 899. And the Statute of Frauds. The most favorable see also Boydell v. Drummond. 11 East. 142; words for the defendant, are that it is a con. Smith v. Westall, 1 Ld. Raym. 316; Brantract for an “ interest in or concerning land.” girdle v. Heald, 1 B. & A. 722; Fenton v. But no additional interest in the land is given | Emolen, 3 Bur. 1278. to the defendant by this contract, for his in
Standing Orders of both Houses of Parliament.
+ments, previous to the bill being carried to the STANDING ORDERS OF BOTH
7. Four-fifths of the probable expense of the
proposed work to be subscribed by persons (Concluded from p. 205.)
under a contract binding the subscribers, their heirs, executors, and administrators, to pay the money so subscribed within a limited time;
such contract to be proved before the Lords' IV.—Piers, Ports, Harbours, und Bridges.
committee. Provision to be made in the bill,
that the whole of the probable expense of such 1. Notices, specifying the object of the ap-work shall be subscribed in like manner before plication to Parliament, and naming the pa- the powers to be given by such bill shall be rishes and townships in which the work is put in force. intended to be done, and if it be intended to apply for an increase or alteration of any ex- V.-County Rates, Gaols, or Houses of Cor. isting tolls or duties, stating the intention of rection, Churches, Chapels, or Buryingsuch increase or alteration, to be given three Grounds.h times in the months of August, September, October, and November, or any of them, in cation to Parliament, and if it be intended to
Notices, specifying the object of the applione and the same newspaper of the county
apply for an increase or alteration of any exwhere the pier, port, harbour, or bridge is:
isting tolls or duties, stating the intention of situated or proposed to be made: and on the
such increase or alteration to be given three door of the Sessions-House of such county (or
times in the months of August, September, riding or division thereof) at the Michaelmas
October, and November, or any of them, in or Epiphany Quarter Sessions.
| one and the same newspaper of the county; 2. An estimate of the proposed expense
c) and if within the Bills of Mortality, then in signed by the person making it, an account of
like manner in the London Gazette. the money subscribed, and the Christian and Surnames, and places of abode, together with a description of the quality or calling of the
VI.-Puving, Lighting, Cleansing, or Improtsubscribers f, with the sums subscribed by them
ing Cities or Towns, Establishing Gas Com
prinies, Erecting or Improving Toun-Halls, respectively, to accompany the petition. 8 3. Previous to the Bill being carried to the
or Market-places, Pour Rates, Maintenance Lords, application to be made to the reputed
or Employment of Poor, or Workhouses. owners and occupiers of the lands in which Notices, specifying the object of the applithe work is to be executed, shewing them at cation to Parliament, and if it be intended to the same time a map of the work ; and lists to apply for an increase or alteration of any 'exbe made of such owners and occupiers, distin-isting tolls or duties, stating the intention of guishing the assents, dissents, and neuters. such increase or alteration, to be given three
4. Previous to the bill being carried to the times in the months of August, September, Lords, a inap of the intended work, with a October, and November, or any of them, in book of reference containing a list of the one and the same newspaper of the county, owners and occupiers of lands in, through or and if within the Bills of Mortality, then in like upon which the same is intended to be ex- manner in the London Gazette; also on the ecuted, an estimate of the expense and of the church doors of the respective parishes for probable time within which the work may be three sundays in the said months of August, completed, signed by the person making the September, October, and November, or any same, and a list of the subscribers and sums of them. subscribed to be deposited with the clerk of the Parliaments.
VII. - Confirming or Prolonging Letters 5. Previous to the second reading in the
Patent. Lords, the map to, be engraved or printed on 1. Notice, containing a distinct description of the scale of an inch, at least to a mile, and the invention for which such letters patent annexed to the printed copies of the bill.
have been obtained, the term of their duration, 6. If the bill contain a power to vary the and having the name by which the invention is line described in the map, application to be usually distinguished prefixed thereto in capital onade to the reputed owners and occupiers of letters, to be given three times in the London the lands through which such variation is pro- Gazette, and also three times in the Edinburgh posed, and a list of such owners and occupiers, Gazette, where the letters patent extend to distinguishing assents, dissents, and neuters, Scotland, and also three times in the Dublin to be deposited with the clerk of the Parlia Gazette, where the letters patent extend to
Ireland, in the months of August and Septem
ber, or either of them. , * Abstracted by Mr. James Robinson Hay-! 2. If the application be for confirming letward, Temple. . f See the order, No. 7.
& These documents are not required to ac- h These orders apply only to bills by which company the petition, for a Bridge Bill, but they rates or duties are proposed to be levied on ayill be wanted for the Lords.
the subject for executing the works.
Renewal of the Bank Charter.–Usages of the Profession.
ters patent, a copy of such letters patent to be Governor and Company are not to become annexed to the bill.
| liable or be required to pay and satisfy, at any 3. No bill for extending letters patent to Branch Bank of the said Governor and Compass the Lords, unless it shall appear that the pany, any note or notes of the said Governor letters patent, the term of which it is intended or Company, not made specially payable at by such bill to extend, will expire within two such Branch Bank; but the said Governor years from the commencement of the session and Company shall be liable to pay and satisfy in which the application for such bill shall be at the Bank of England, in London, all notes mnade.
| of the said Governor and Company, or of any 4. The application to be made by the person, branch thereof. or by the representatives of the person, who 6. That no bill of exchange or promissory himself originally discovered the invention ; note made payable at or within three months and proof to be given that the knowledge of after the date thereof, or not having more than such invention was not acquired by such person three months to run, shall, by reason of any by purchase, or otherwise, from the inventor interest taken thereon or secured thereby, be or owner, of the same, or by information that void under any statute or law in force for the such invention was known and pursued in any prevention of usury, or subject any person or foreign country.
persons drawing, accepting, indorsing or sign
ing any such bill or note, or lending or adVIII.-Respecting Canal, Railway, and other vancing any money, or taking more than legal
Companies already constituted by Act of interest for the loan of money, on any such Parliament.
bill or note to any penalties under any statute The draft of a proposed bill to empower
or law relating to usury, or any other penalty such company to execute any work other than
or forfeiture; any thing in any law or statute that for wbich it was originally established,
ed relating to usury to the contrary notwithmust be submitted to a meeting of the pro
standing. prietors called by advertisement inserted for four consecutive weeks in the newspapers of the counties in which the new works are pro
USAGES posed to be executed, such meeting to be held not earlier than seven days after the last in
IN CONVEYANCING AND OTHER sertion of such advertisement: and the, draft PROFESSIONAL BUSINESS. of such bill must be approved of by- at least three-fifths of such proprietors.
Having observed that the Incorporated Law
Profession in regard to the Practice of Con. RENEWAL OF THE BANK CHARTER.
veyancing, and other professional business not -LEGAL TENDER. – EXEMPTION
transacted in the Courls, as are in any way FROM USURY LAWS.
doubtful among Practitioners,” we deem it
useful to afford an opportunity of collecting It may be material to lay before our readers
and making known the usages in question. the following clauses from the Bank of Eng
| It will be recollected that in conveyancing land Bill, by the former of which bank notes
and other matters, not proceeding from any of above 5l. are to be a legal tender, except at the Courts of Law or Equity, the Judges do the Bank of England and Branch Banks;
| not interfere with the practice of the profesand by the latter, bills of exchange and notes
sion, and that the rules of such practice necesnot having more than three months to run,
sarily depend on the generally received opiare not subject to the Usury Laws.
nions of conveyancers and solicitors of experi5. That from and after the First day of | ence. The proposal of the Law Society seems August One thousand eight hundred and Thirty- well calculated to prevent future disputes four, a tender of a note or notes of the Governor and Company of the Bank of England, I among practitioners, and to benefit their expressed to be payable to bearer on demand, clients, by removing the occasions of expense shall be a legal tender, to the amount expressed
and delay. in such note or notes, and shall be taken to be valid as a tender to such amount for all sums! We subjoin a few points which have been above Five Pounds, in all Courts, and in all stated to us as illustrating the object in view. places in which any tender of money may be legally made: Provided always, that no such ""
They are at present given on individual authonote or notes shall be deemed a legal tender of rity only, but we shall have an opportunity payment by the Governor and Company of hereafter of ascertaining whether they receive the Bank of England, or any Branch Bank of the said Governor and Company; but the said the s
said the sanction of the Society.
216 Usages of the Profession.-Law Association for the Benefit of Widows, Sc. Preparing Leases.
| which they entertain, and they cannot but, The solicitor of the landlord is entitled to expr.
d to express a hope that succeeding accounts may. prepare the lease and counterpart; and where
| furnish. similar instances of generosity. there is no agreement to the contrary, the
The Sub-Committee appointed in the year
1831, to consider a general revision of the whole expense must be defrayed by the tenant.
laws, have, by their Report made in January Preparing Marriage Settlements.
last, expressed an opinion that the Rules, as
they at present stand, had better not be disThe solicitor of the intended wife is entitled turbed, but that any alterations or additions to prepare the deed of settlement.
which the lapse of time or circumstances may Leases granted under the settlement, are to render requisite, may be more conveniently be prepared by the solicitor of the husband. accomplished by additions to the present bye
| laws, which it is proposed should be analyti- . Place af Paying Consideration Money. cally arranged, and printed at the end of the On mortgages, the solicitor for the party Laws and Regulations as they now stand. . lending the money is entitled to appoint his On consideration of the 55th and 56th rules,, own office as the place for paying the consi- which were particularly referred to them, the deration of the mortgage; and also for receiv-Sub-Committee recommended the following ing it, on the discharge of the mortgage. I bye-laws, viz.
On purchuses, the solicitor of the vendor is 1st. As to the 55th rule, . entitled to appoint his own office as the place “That no professional man, in respect of for receiving the consideration money, and whom, or of whose family, relief shall be completing the purchase.
applied for under the provisions of the 55th
rule, shall be considered a fit object for the We shall be glad to receive any remarks on bounty of the Association, unless he shall have
| practised for three years within the limits of these points, and the communication of any 1
ation of any | the Association, as defined by the first reguother “usages” which are either already lation.” sufficiently established and acquiesced in, or And, 2ndly. As to the 56th rule,
“ That no widow or fainily of any profeswhich require to be considered and settled.
sional man, not being a Member of the Association, but dying under circumstances of insolvency or embarrassment, shall be considered
as coming within the scope of the 56th rule, LAW ASSOCIATION FOR THE BE
unless such professional man shall have been NEFIT OF WIDOWS AND FAMI
in actual practice within the limits of the As
sociation within three years next preceding the LIES OF PROFESSIONAL MEN.
time of his death, and further, that the application shall be made within three years of
his death.” REPORT OF THE DIRECTORS.
The Sub-Committee further reported, that
they had considered the propriety of extending Friday, 10th of May, 1833.
the provisions of the 55th and 56th rules to the In presenting the Sixteenth Annual Report, grant of an occasional sum for the casual rethe Directors have great satisfaction in an- lief of professional men not being Members of nouncing to the Annual General Court the the Association : but they were of opinion that continued prosperity of the affairs of the As- such an extension of those rules would be a sociation. During the past year they have direct violation of the fundamental principles been enabled to make a further purchase of of the Association. 4001. stock, by which the capital fund of the Upon the last point referred to them, and Association has been increased to the sum of which was particularly alluded to in the Report 17,0001. 3 per cent. The total income of the of last year, as a proposition submitted by Mr. past year has been rather less than that of the Spence, namely,“ the expediency of engrafipreceding ; but the receipts of the latter year ing upon the existing objects of the Association were auginented by donations from Lord Ten- the proposal to set apart a portion of the funds terden, the Vice-Chancellor, and Mr. Justice for the purpose of establishing an Asylum fure Bosanquet, while the present account does the reception of Orphun Children of deceased not, unfortunately, afford a benefaction of that Members," - the Sub-Committee bestowed description.
much consideration; but as it appeared to be The Directors, however, cannot forbear to one of great importance, and to involve a allude to an instance of liberality in one of the general principle, which ought properly to Members of the Association which occurred be considered by the Members at large, the shortly after the last Annual Meeting; they Directors have preferred leaving it in their refer to the sum of twenty-one pounds, pre- hands. sented by Mr. John Shepherd, of Bartlett's In this Report, of which the above short Buildings, in addition to his life subscription. outline has thus been given, the Directors enIn recording such a substantial act of bene- tirely concur. With regard to the bye-laws ficence, it is scarcely necessary for the Direc- suggested, the Directors beg to submit them tors to declare the sentiments of gratitude for the confirmation of the General Court, in
Law Association for the Benefit of Widows, &c.—New Bills in Parliament.
the full conviction that they will prove highly ( graced as it is with the protection of several of useful to the charity.
the highest members of the law, the Directors As to the establishment of an Orphan-Asy- will still rely on that never-failing generosity lum, the Directors consider it a subject of by which the profession is distinguished on all importance, but they are of opinion that if such well-founded appeals to their benevolence; and an object is to be entertained, it must form the they cannot but entertain the strongest hopes subject of a separate subscription. " that the Society will, under the blessing of
During the past year the Directors have dis- Divine Providence, continue to flourish, and tributed the whole of the sum of 2001. voted will ever be able and ready to dispense the balm · them at the last Annual Meeting, for the be- of its solace and protection to the needy and
nefit of the families of deceased professional friendless. men not having been Members of the Asso
Joseph Kaye, Chairman. ciation, while in former years the average amount appropriated to the relief of this class of claimants has been only 1671.; in all these cases the sums granted, varying from five to
NEW BILLS IN PARLIAMENT. thirty pounds, were essentially serviceable and most gratefully received. In one instance, the widow of a respectable
NOTARIES PUBLIC. attorney (not a Member of the Association),
ANALYSIS OF A BILL (AS AMENDED BY THE was enabled by means of the sum of twenty
COMMITTEE) TO ALTER AND AMEND AN ACT pounds granted her by the Board, to purchase
OF THE FORTY-FIRST YEAR OF HIS MAJESTY a business, by which she has since earned for
KING GEORGE THE THIRD, FOR THE BETTER herself and niece a comfortable subsistence.
REGULATION OF PUBLIC NOTARIES IN ENGIn another case, in which the Board had
LAND. some years ago apprenticed the son of a respectable deceased solicitor (not a Member), 1 (The words printed in Italics are amendments to a trade of his own choice, they have, during inserted by the Committee.] the last year, supplied him with the tools and implements necessary for carrying on business | RECITING that by 41 Geo. 3, intituled “ An on his own account.
Act for the better Regulation of Public Notaries Since 1824, in which year relief was first in England,” it is enacted, that after the first granted, nine legitimate cases have occurred; day of August, one thousand eight hundred in six of these cases annual payments continue and one, no person shall be sworn, admitted, to be made.
and inrolled as a public notary unless such There have been during the same period person shall have been bound by contract in forty-two applications on behalf of families of writing or by indenture of apprenticeship to non-Members, and these have received occa- serve as a clerk or apprentice for the term sional grants of small sums in one hundred of not less than seven years to a public notary, and forty-two instances, twenty-one of which or a person using the art and mystery of a have occurred during the past year. The scrivener (according to the privilege and custotal sum expended in relieving this descrip- tom of the city of London, such scrivener being tion of applicants amounts to 15391.
also a public notary) duly sworn, admitted The Directors cannot but regret the apparent and inrolled, and shall have continued in sueh. want of exertion among the Members of this service for the said term of seven years; and Institution with the object of obtaining addi- certain other enactments are contained in the tions to their number, as it seems that only said act, regulating the admission and practice sixteen new Members have been noininated of notaries public : since the last Annual Meeting. This is the And that the provisions of the said aet are more to be regretted, because, on the other in their operation found to be extremely inhand, the Association has in the same period, convenient in places distant from the city of from deaths and other causes, suffered a con- London: siderable diminution of Members.
Be it therefore enacted, that from and after It cannot be supposed, that because hitherto the passing of this act, so much of the said rethe funds have been more than adequate to the cited act as requires that persons to be admitted claims on the Society, at a future, and pro- notaries public shall have served a clerkship, bably no very distant period, more frequent or apprenticeship for seven years, shall be liand urgent calls on its resources may not mited and confined to the city of London occur.
and liberties of Westminster, the borough of To provide for that period, and to enable the Southwark, and the circuit of twenty miles of Directors, in the mean time, to bestow the the said city. benefits of the Charity with a more liberal That froin and after the passing of this aet, hand, the Board appeal with confidence to the it shall and may be lawful for the Master of the humane and respectable among the profession, | Court of Faculties of his Grace the Lord Archand earnestly entreat those who are not yet bishop of Canterbury, in London, from time to contributors to the Society to join in this ex- time, at his discretion, to admit and cause to cellent work of charity.
be sworn and inrolled in the said Court of Fa. Looking to the high auspices under which culties as notary, any person or persons not this Society has flourished for sixteen years, resident in the city of London, the liberties of