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of the land tax, or in the discharge of any debt, s taken to have been lawfully entitled to such or such other incumbrances, or part thereof, land, &c., according to such possession, until as the said Court shall authorize to be paid, the contrary shall be shown to the satisfaction affecting the same lands, &c.; or where such of the said Court of Exchequer; and the unoney shall not be so applied, then the same dividends or interest of the Bank Annuities shall be laid out and invested, under the like to be purchased with such money, and also the direction of the Court, in the purchase of other capital of such Bank Annuities, shall be aplands, &c., which shall be conveyed and settled plied and disposed of accordingly, unless it upon the like uses, and in the same manner, shall be made to appear to the said Court that as the lands, &c., which shall be so purchased, such possession was a wrongful possession, taken, or used; and until such purchase shall and that some other person was lawfully enbe made the said money shall, by order of the titled to such lands, &c., or to some estate or said Court, be invested by the said Accountant interest therein. General in his name in the purchase of three
| Investment of Money in certain Cuses. per cent. Consolidated, or three per cent. Reduced Bank Annuities; and until the said 35. If the compensation money be refused, Bank Annuities shall be ordered by the said or the titles to the property not made, or if Court to be sold for the purposes aforesaid. I persons to whom money be assessed cannot be the dividends shall be paid, by the order of found, the money to be paid into the Bank, the said Court, to the person who would for subject to the order of the Court of Exchethe time being have been entitled to the rents quer. and profits of the lands, &c.
Payment of Expenses. 32. Provided, that if any money so agreed 36. Where, by reason of any disability or or assessed to be paid for any lands, &c., pur- | incapacity of the person or corporation enchased, taken, or used for the purposes afore- titled to any lands, &c., to be purchased under said, belonging to any corporation, or to any this act, the purchase money for the same shall person under any disability or incapacity as be required to be paid into the Court of Exe aforesaid, shall be less than the sum of two chequer, and to be applied in the purchase of hundred pounds, and shall amount to or ex. other lands, &c., to be settled to the like uses, ceed the sum of twenty pounds, the same shall, the Court of Exchequer may order the exat the option of the person for the time being pences of all purchases, or so much as the entitled to the rents and profits of the lands, Court shall deem reasonable, together with &c., or of his guardian or committee, to be the necessary costs and expences of obtaining signified in writing, be paid into the Bank of such order, to be paid by the said CommisEngland in the name and with the privity of sioners, or any six or more of them; and the the said Accountant General ; or otherwise said Commissioners shall and may reimburse the same shall be paid, at the like option, to theinselves all such payments out of the rates. two or more trustees to be nominated by the person making such option, and approved by
Consent of Proprietors. six or inore of the Commissioners taking such 37. It shall not be lawful for any Court of lands, &c., such nomination and approbation Sewers, in making any new walls, &c., and to be signified in writing under the hands of other works, to take down, remove, or make the nominating and approving parties, in order use of any house or building, or any garden, that such principal money and the dividends yard, or paddock, or any park, planted walk, and interest arising therefrom may be applied or avenue to a house, or any inclosed ground in manner herein-before directed, so far as planted as an ornament or shelter to a house, the case be applicable, without obtaining or or planted and set apart as a nursery for trees, being required to obtain the direction or ap- without the consent in writing of the owner or probation of the said Court of Exchequer. I
proprietor thereof. ? 33. Provided, that when such money shall be less than the sum of twenty pounds, then
Land vested in Commissioners. the same shall be applied to the use of the 38. Upon payment or tender of such sum person who would for the time being have been as shall have been contracted or agreed for, entitled to the rents and profits of the lands, or assessed by such juries, for the purchase of &c., in such manner as the said Commission- any such messuages, &c., or as a compensation ers, or any six or more of them, shall think for losses or damages, to the proprietor, within fit; or in case of lunacy, idiotcy, or infancy, thirty days after the same shall be so agreed then to his guardian or committee, to and for for or assessed, or upon payment of such sum, the use and benefit of such person so entitled within thirty days, into the Bank of England,
for the use of the persons entitled thereto, &c., Persons entitled.
| the Commissioners, and their agents, &c., may 34. That where any question shall arise
enter upon such messuages, &c.; and such touching the title of any person to any money
messuages, &c., together with the yearly proto be paid, in pursuance of this act, for the
fits, and all the estate, &c., shall become vested purchase of any lands, &c., the person who
in the said Commissioners for ever; and such shall have been in possession of such lands, &c.,
payment or tender shall bar the dower of the at the time of such purchase, and all persons wite of such person,
wife of such person, and all estates tail, and in claiming under such person, or under the reversion, &c. possession of such person, shall be deemed and
[To be continued in our next.]
Attorneys to be admitted in Michaelmas Term.
ATTORNEYS TO BE ADMITTED
In Michaelmas Term, 1833.
[Concluded from p. 361.] Clerks' Names.
To whom urticled. Tamplin, George, of Brighton.
John Colbatch, of Brighton. Tanner, Alfred Octavius, 4, James Place, John Pullen, the elder, 34,-Fore Street, CripHackney Road.
plegate, deceased; assigned to John Joseph
Tanner, 1, New Basinghall Street.
signed to Charles Tennant, of Gray's Inn. Tennant, Charles Arthur, 4, River Street, Pen- James Richardson, Leeds, and of the Poultry.
tonville. Thomas, George, Swansea.
Thomas Thomas, Swansea. Thompson, Thomas, Brighthelmstone, Sussex. William Wallis Skene, late of same place, de
ceased; assigned to Charles Brook bank, Brighthelmstone, and by him assigned to George William Cocksedge, Brighthelm.
stone. Tinsley, Charles, 17, Upper George Street, Edmund Huntley, 6, Furnival's Inn; assigned Edgeware Road.
to William Pyne, 10, Duke Street, St.
James's. Tizard, Edward Fawconer, 46, Chancery Lane. Thomas Holme Bower, 46, Chancery Lane. Todd, Joshua, Rotherham, York.
John Oxley, Rotherham. Tombs, Samuel, Droitwich, Worcester.
Charles Pamfrey, Droitwich.
rylebone. Wade, Armigel, Great Dunmow, Essex. George Wade, same place. Walker, Samuel, 29, Lincoln's Inn Fields. Samuel Alston, Leicester ; assigned to Edward
Henry Rickards, 29, Lincoln's Inn Fields. Webber, Frederick, 31, Little Eastcheap. William Ormond, Worntage, co. Berks; as
signed to Samuel Fisher, 92, Queen Street,
to Thomas Dickin Browne, Wem, Salop. Williains, Edward, 16, Berner's Street. John Dobson, Gateshead; assigned to Mi
chael Clayton, 6, Lincoln's Inn, New
Square. Williams, Henry Thomas, 16, Alfred Place, Evan Williams, Duffrynfrwd, Glamorgan; as. Bedford Square.
signed to John Jenkins, Swansea. Wilson, Richard, the younger, 6, Southampton Thomas Gilchrist, Berwick-upon-Tweed.
* Buildings. Wood, Charles James, Stamford Street. William Wood, Richmond Buildings, West
minster. Wood, Cornelius, Manchester.
James Crossley, Manchester.
assigned to Matthew Brettingham, Kings
bury, Bungay. Woodcock, Thomas, Haslinden, co, Lancas- James Woodcock, same place.
ter. Woodgate, Henry, 8, Crescent, Brompton, George Gill, late of Queen Square, BloomsMiddlesex.
bury, deceased; assigned to Alexander Dobie, 5, Palsgrave Place.
• 2 B4
Attornys to be admitted.- Replies to C. L. Commissioners' Questions or Costs.
To whom articled. Woollett, Thomas, the younger, No. 3, Cum- William Griffiths, Monmouth, co. Monmouth.
berland Terrace, Pentonville. Wontner, Thomas, 9, Old Bailey.
John Carter, Lord Mayor's Court Office,
Royal Exchange. Wyndham, Elwardus, 50, Great Coram Thomas Pring, Crediton, Devon; assigned to Street.
John Ellis Clowes, 10, King's Bench Walk,
Temple. Young, John, 31, Fleet Street.
Samuel Dendy, Breams's Buildings, Chancery
Sea, Durham. [16th Aug. for last day of
FOR RE-ADMISSION IN THE KING'S BENCH.
Cooke, John, late of Cowbridge, co. Glamor. Pearson, George Wray, Sunderland, near the gan, now of Ledbury, co. Hereford.
Sea, co. Durham.
REPLIES TO THE COMMON LAW COMMISSIONERS' QUESTIONS ON
THE SUBJECT OF COSTS a.
1. The office fees are too large. When 6. Certainly not, for the reasons given in formerly the officers did the business for the two preceding replies. which they were granted, they were, per- 6. I do not intend to propose any plan, haps unobjectionable. Now the attorneys but hope my suggestions may assist in the do every thing, except the mere formal part formation of one. of affixing some stamp, or mark, uttering a 7. Under the present system, perhaps, few words, or making some short entry. there is no case wherein the proceedings Where these forms are necessary, they should are carried through many stages, and cerbe paid for on the quantum valeat principle, tainly none where trial is had, in which the
2. Perhaps it does not much matter whe- attorney would not be justified in charging ther the officers of the Courts are paid by extra costs. If an improved plan of remufees, or a fixed salary. If the necessary fees neration be adopted, probably they may be be reduced to a fair scale, probably neither altogether avoided in common cases. Where the profession nor the public will give them- they must be charged, the unsuccessful selves further trouble.
party frequently ought to pay them; but it 3. The present remuneration of the at- would be difficult to legislate, or make retorney is not satisfactory in two respects : 1 gulations on the subject. first, as to the manner; and, secondly, as to 8. I think the rule referred to is producthe amount. First, there should be no temp- tive of hardship. It is often prudent to add tation to make pleadings or other proceed-counts, to anticipate particular views of the ings of an unnecessary length, in order to case, which may not, however, arise at the obtain compensation that way; nor should trial. Sometimes they may be added for the attorney be compelled to take gratuitous the sake of recompense. In these last introuble. And, secondly, the present allow- stances, a just scale of costs would cure the ances are not adequate to the risk, responsi- evil. bility, outlay, &c. of the professional man. 9. I think, to make the profession more
4. I do not know that there would be any respectable and respected, an alteration in great objection to the principle mentioned costs is indispensable. Necessary fees should in this query, if applied to common cases; be fairly reduced : unnecessary ones totally but I think the plan of ascertaining the abolished. Nothing is clearer than that amount of the fee bad, because, in my opi- professional men, who have been liberally nion, the lawyer's services should be better and expensively educated, and who are, requited than at present.
or should be, men of great moral and intel
lectual acquirements (for to them are ena L. 0. Vol. 6, p. 276.. . trusted the property, the life, and the cha
Selections from Correspondence.- Superior Courts : Lord Chancellor.
racter—which is more than life-of others), or visitors, to take evidence on oath touching should be liberally rewarded, and receive all these matters; and if the very walls would proper countenance and protection from the not speak, there are always those not unjudicial and other authorities. There is too
observant witnesses, who could, and on oath
would, “ the tale unfold.” great a blindness as to this truth. Those
Be assured, there is too little fiction in this who look no further than pounds, shillings, case ; and I shall be most happy to see the lash and pence, are not qualified to give opinions, fall on the backs of those who can, without or to legislate on this matter. No ground mercy and remorse, use it towards one who should exist for degrading bickerings as to has been doomed to feel it, without any other charges, nor should lawyers be encouraged ca
encouraced cause than to subdue the little remaining spirit to do little by granting them but little re. l of man to the apathy of an idiot.
Your's ever respectfully, muneration. The charges allowed ought to
ONE, &c. be such as to prompt them to use their best exertions for their clients' interest, and to spare them the necessity of resorting to in. LIMITATION OF ACTIONS.-RENT. direct means to obtain that compensation
To the Editor of the Legal Observer. which they are unjustly restrained from ob
Sir, taining directly.
By the second section of the Act for the Limitation of Actions and Suits relating to Real Property, and for simplifying the remedies for trying the rights thereto, it is provided
that no land or rent shall be recovered but SELECTIONS
within twenty years after the right of action
shall have accrued to the claimant, or some FROM CORRESPONDENCE.
person whose estate he claims. Is it intended No. XXXI.
by this that all rent (that is to say rent due from a tenant to his landlord in the common
acceptation of the word rent,) may be recovered OBSERVATIONS
at any time within twenty years; or how is it ON THE LUNATIC COMMISSION ACT.
to be understood? 3 & 4 W. 4. c. 36.
Sept. 4, 1833.
STUDENT. To the Editor of the Legal Observer.
Visitors are herein appointed for superintending, inspecting, &c. but I do not observe
SUPERIOR COURTS. that the visitors are clothed with sufficient, if any power, to perfect the object of their appointment. How are these visitors to ascertain,
Court of Chancery. private lodging houses, the general treatment | ANNUITY.- CONTINGENT PROPERTY.-BANKby the keepers, such as giving the patient
' RUPTCY. improper food, adıninistering restraint, coercion, or correction unnecessarily, or injuriously
Circumstances under 1chich it was held, that to his mental state? The unfortunate person
an annuity granted out of an expectancy himself can tell no tales, the books of account
which had not accrued before the grantor's may be, and I know in many cases to be, any |
bankruptcy, is not a debt provable under thing but true. Two keepers, in a private house,
the commission. can give inferior food and charge for the best; In this case, a person had granted an annuity lash the poor fellow's arms all day to give a out of property which he expected to accrue to keeper a holiday, and at an early hour in the him in right of his wife. Subsequently, and evening strap him to his bed, that both before the property did so come to him, he keepers may enjoy the salubrity of the even-became bankrupt; and the question was, ing air in a country walk. Does such treat. whether the annuity could be considered as a ment befit a case of a highly respectable youth, debt provable on the estate. The Master of of good fortune, in good bodily health, be- the Rolls held, that it was not a debt to be tween twenty and thirty years of age ? Under proved against the estate, but that it must be such, and much more severe treatment, is paid without reference to the bankruptcy. The there, can there be, any hope of recovery? My Lord Chancellor, upon appeal to him, affirmed own observation warrants me in saying, the that decision, and observed, that the arguments lonely, isolated being, lapses from inoffensive against it had wholly failed. The terms of the excitement into idiotcy, helpless and hopeless, covenant clearly showed that it was no debt, hurried on by temporary consciousness of his but a contract founded on a contingency which infirmity, and the cruelty and insult of his might never have occurred-namely, the sucvulgar, heartless menials.
ceeding of the bankrupt to the property of his In this case I saw no remedy, and I see | wife. none in the act in question. I should there. Lyde v. Mynn. Sittings in Lincoln's Inn fore suggest a power to be vested in the visitor Hall, August 3, 1833.
Superior Courts : K. B. Practicc Court.
The mode in which a conviction under the 1 An altorney waives his privilege of suing in
and 2 W. 4. c. 3. § 30, (the Game Act) the county of Middlesex, by employing for a trespass in the day time, should allege another to bring his action.
the offence to have been committed. In this case the plaintiff, who is an attorney, By $ 45, the conviction itself cannot be rebrought his action for work and labour against moved ; and therefore a verified copy of the the defendant. He employed another attorney conviction may be used in order to ascerto sue for him. The venue was laid in the tain its validity. county of Middlesex, and an application on the In this case, a rule nisi had been obtained for common affidavit that the cause of action arose I a habeus corpus, to remove Samuel Mellor into in the county of Sussex and not elsewhere, was this Court, from his confineinent in the county made, and the venue accordingly directed to yaol of Stafford, in which he was imprisoned. be changed into the latter county. A rule nisi lön a commitment under the 1 & 2 W. 4. c. 32. was obtained for bringing back the venue, on 30, the new Game Act, for an alleged tresthe ground that the plaintiff being a privileged
pass in pursuit of game; on the ground that the person, was entitled to bave his cause tried in commitment and the conviction were defective. the county of Middlesex.
In the commitment, it was alleged that the deIn support of this rule, it was contended, fendant “did on the 7th February, in the that as it would appear from the record that year of our Lord 1833, at the parish of Stokethe plaintiff was an attorney, that was sufficient upon-Trent in the said county, unlawfully to shew that he sued in that character, although
commit a trespass, by entering and being in he employed another attorney to bring the the duu time of the same day on a common ar action. The case of Tags v. Madan, 1 B. &
waste piece of land called Willey Moor, lying P. 629, was cited in support of the argument. within the manor of Bucknall, in the said There the Court said, “We cannot know from
county, in the possession or occupation of this record that the plaintiff was an attorney." | Daniel Bird Baddeley there, in search of game." The reason in that case for the Court's non- | The conviction stated that the defendant « did interference, did not exist in the present, forl on the 17th day of February last past, unlawfully it must clearly appear in the present case, that I enter in the day cime upon certain lands, in the the plaintiff was an attorney. As the Court | parish of Stoke-upon-Trent, in the county would in that case have interfered, if it could l'aforesaid, in the possession and occupation have seen that the plaintiff was an attorney ; l of Daniel Bird Buddeley, and there unlawfully in this case it would interfere, as it could see was in the day time upon the said land there that the plaintiff was an attorney.
in pursuit of game, and did then and there by Against the rule it was contended, that what
so entering and being on the said land aforeever might be the privilege of the plaintiff to
said commit a trespass in search of game.” In sue in the county of Middlesex as an attorney, making the motion for the rule, affidavits were he had waived that privilege by employing | produced, verifying a copy of the commitment another attorney to sue for him. The rule, and a copy of the conviction, which had been therefore, for bringing back the venue must be
given by a clerk of the Justice in the presence discharged, and the cause be tried in the of the latter to the attorney who appeared on county of Middlesex.
behalf of the defendant. An affidavit was also Taunton, J.-In an action for work and la
produced, in which it was deposed, that the bour, the defendant may certainly move to trespass in question had been committed over change the venue from the county in which the
a common or waste, over which common rights action is originally brought, on the usual affidavit
existed, and which common or waste was not that the cause of action arose in another county, I in the exclusive occupation of Mr. Baddeler and not elsewhere. The plaintiff may in many lor of any other person, and that gentleman was instances bring back the venue; and one of not lord of the manor. It was contended that those is, where the plaintiff sues as a privileged the commitment was bad, for it did not aver person. The question here is, whether the that Mr. Baddeley was lord of the manor, plaintiff has discarded his character of a pri- although it alleged that the property in wastes vileged person, and sues as a common person. was vested in the lord by the tenth section of By employing another attorney to bring the the act. Secondly, that even if a valid conaction, he has waived his privilege, and sues viction would cure the defect, the conviction here as a common person; and it does not here was for a separate offence, and therefore necessarily follow that he is suing for work was not sufficient to support the commitment. and labour done in his character of an attorney, The rule nisi having been obtainedbecause, being an attorney, he brings an action Shull appeared, to shew cause on behalf of for work and labour done by him. He is the magistrate. therefore not entitled to bring back the venue. Plati appeared, to shew cause on the part of Rule discharged; the costs to be costs in the Mr. Baddeley; and he contended, that by the cause,
operation of section 45, it was impossible for Harrington v. Page, T. T. 1833. K B. P. C.
| the Court in any way to take cognizance of
the conviction. The language of that section was, “ that no summary conviction in pursu.