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Points in Equity Practice.-Points in Com. Law Prac.-Articled Clerks' Queries. POINTS IN EQUITY PRACTICE.

COSTS.

WHERE the next friend of the plaintiff (a married woman) had gone to America, and become a settled resident there, an order was made on motion for the next friend to give security for costs in the same manner as a plaintiff in such a case, or for the appointment of a new next friend-the proceedings in the meantime to be stayed. Alcock v. Alcock, 5 De Gex & S. 671.

state in his affidavit all the circumstances on which he means to rely. He will not be alMARRIED WOMAN.-NEXT FRIEND BECOM-lowed to add to or amend his case when cause ING RESIDENT ABROAD.-SECURITY FOR is shown. It will be sufficient, however, for him to rely only on the fact, that the whole cause of action arose in the county to which he desires to change the venue; but if he does so, he may be answered by any affidavits negativing this fact, or showing that the cause may be more conveniently tried in the county where the venue is laid. If made after issue joined, the affidavits, in support of the application, must show that the issues joined may be more conveniently tried in the county to which the party applying proposes to change the venue. Of course, these affidavits are open to an answer by the other party. In all these cases, the Court or Judge will decide, after hearing both sides, whether the venue is to remain or be changed as prayed, or be laid in some third county, according to its discretion." Rothschild v. Shilston, 8 Exch. R. 503.

TRUSTEE RELIEF ACT.-PETITION FOR PAY-
MENT OF FUNDS OUT OF COURT.-STATE-
MENTS IN.

De

The Vice-Chancellor Parker, in making an order for the payment of trust funds out of Court, said," It should be understood that in a petition presented under the Trustee Relief Act, all the statements of the affidavit made on payment of the fund into Court should be fully set out in the petition. The statement in the ARTICLED CLERKS' QUERIES AND

affidavit was the only declaration of trust under which the Court acted, and it was very inconvenient where such a statement was not upon the petition. In re Levett's Trust, 5 De Gex & S. 619.

POINTS IN COMMON LAW
PRACTICE.

CHANGE OF VENUE.

AN order had been made on a summons before Platt, B., at Chambers to change the venue in an action for demurrage from London to Devonshire, before issue joined, on the common affidavit that the cause of action arose in the county of Devon, and not in London, nor elsewhere out of the county of Devon. There

was no affidavit in answer.

ANSWERS.

INTERVALS OF SERVICE.

An articled clerk, who is compelled by ill health to reside in France, is desirous of cancelling his articles and obtaining the return of a portion of the premium. On his return to England, can he article himself for the remainder of the term unexpired only, and will not the present stamp be allowed him? K.

[If the attorney admits the fact of illness and consents to the absence, there is no occasion to cancel the articles. The clerk, when able to return, may complete the service.-ED.]

I was articled to a gentleman in London, with whom I remained a year and a half, when I was ordered into the country on account of ill health, and remained away with his consent for 10 months. On my recovery I was assigned to another solicitor, and have remained with him about two years until his death. Must I enter into fresh articles for the rest of them? and can there be an assignment to the gentleman who succeeds to the practice of my former master? Will the time served since his death in assisting in arranging the affairs be reckoned? J.

On the discharge of a rule to rescind this order, upon the ground that the venue could not be changed on the common affidavit since the Reg. Gen., Hil. T., 1853, rule 18, Pollock, C. B., said," The general rule on this subject may be thus stated, and we may say that we believe it may be taken as the general opinion [There should be a further contract to serve of all the Judges. The application for this the residue of the term by assignment from purpose may be made either before or after the executors of the deceased attorney; but the issue joined, as may be most convenient to the interval between the death and the execution of parties in the proper conduct of the cause. If the assignment cannot be reckoned. The Stathe application be made before issue joined, it tute requires a service of five years under conis requisite that the party applying should tract: service not under contract cannot be

Practice in the County Courts.-Law Reform Commissions.

deemed good service. We take it, that neither | had been two months in the office.
the Examiners nor the Judges can dispense the examination in Hilary Term?
with the positive requirement of the Statute.-
ED.]

I was articled four years ago, and then assigned to another attorney. Circumstances have arisen which render the second attorney incompetent longer to have an articled clerk. I propose, therefore, to be assigned to a solicitor in the country, and to act as his clerk for a short time, and then to pass part of the last year of my articles with his London agent. Is this practicable under the 6 & 7 Vict. c. 73, s. 6? C.

[If the full term of five years be thus served (not exceeding one year to the London agent), there can be no objection to the proposed mode of service. The intervals, if any, between the service to one attorney and the other must, of course, be made up.-ED.]

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Can I pass
Ď.

[The service in the office of the attorney before the actual execution of the articles cannot be reckoned. Where the articles expire in the Term, though after the day of examination, the candidate may be examined de bene esse, and on proving the completion of his service in the Term, the examiners' certificate, if he pass, will be issued, dated of course subsequently to the expiration of his articles. The examiners' certificate bears date in the Term; but if the articles have not expired, they cannot certify that he is fit and capable (according to the Statute) to act as an attorney.-Ed.]

PRACTICE IN THE COUNTY
COURTS.

HEARING ATTORNEYS' CLERKS. To the Editor of the Legal Observer. SIR, The inconvenience experienced by the Profession generally, is, I believe, pretty well felt through the County Court Judges, in many instances, refusing to hear an attorney's clerk. I had occasion to attend the Brompton County Court, and on my rising when the case was asked me whether I was called on to advocate the cause, the Judge an attorney; of course I stated I was not; he then told me that I could not conduct the case; but having no one in attendance to whom I could give instructions, I was about to examine my witness, and was told to stand down. I contended as long as I could, but to no purpose; and had the defendant been present, I should have been nonsuited. I would suggest that a law ought to pass to make it compulsory on the part of the Judges to allow a competent clerk to attend and to be paid the usual fee.

"BASINGHALL STREET."

LAW REFORM COMMISSIONS.

[If the attorney instructs and personally [We question the expediency of this sugsuperintends the business at both places, we gestion. How is the Judge to ascertain the think the service will be sufficient; but, if the bona fide employment of many thousand attorattorney should be generally at one town when neys' clerks ?-ED.] the clerk is at the other, the service would be questionable. Thus, suppose the principal office was in London and the other at Greenwich, and that the clerk came only to London when the attorney was at Greenwich, so that in fact there was no personal superintendence or instruction, the service would not be satisfactory.-ED.]

CONDITIONAL EXAMINATION BEFORE EX-
PIRATION OF TERM.

My articles will expire on the 3rd of February next. At the time they were executed I

WE enumerated last week no less than seven
Commissions for inquiring into and reporting
on proposed amendments or alterations in the
Law in almost every department, viz. :—

Real Property.
Courts of Equity.
Courts of Common Law.
Courts of Bankruptcy.
Ecclesiastical Courts.

County Courts.
Divorce.
Partnership.
Consolidation of

the Statutes.

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Law Reform Commissions.-Taking Out and Renewal of Certificates.

Besides the reference to a Select Committee of the House of Commons on the Law of Partnership, it seems there is now a Royal Commission appointed, to report to her Majesty "whether it will be expedient that any and what alteration shall be made in the Law of Partnership, so far as relates to the limited or unlimited liability of Partners."

We are informed that the names of the Commissioners are,—

Sir T. B. C. Smith, Master of the Rolls, Ireland.

Mr. Justice Cresswell.

Collyer, A. A., 3, Fig Tree Court, Temple' and Lincoln's Inn Fields.

Faithfull, George Lockton, Tring; and Northampton.

Foley, William Walter, 10, Porto Bello Road, Notting-hill.

Garnham, Richard Enoch, 13, Glo'ster Gardens, Kentish Town.

Garrard, George Henry, 10, Argyle Square, King's Cross; and Salford.

Gillow, John, Little Ormond Street, Queen
Square, St. Nicholas; and Northwich.

Goldicutt, John, A., 6, Bulstrode Street,
Cavendish Square; and Dunstable.
Goodger, Henry, Burton-on-Trent.

Hanbury, Thomas James, 26, Maismore

Lord Carriskill, one of the Judges in Scot- Square, Park Road. land.

G. W. W. Bramwell, Esq., Q. C.

James Anderson, Esq., Q. C.

Kirkman D. Hodgson, Esq., of the firm of Messrs. Finley, Hodgson, & Co. (St. Helen's Place).

Hawkyard, George, Southport; and Ashtonunder-Lyne.

Hindmarsh, Henry Edward, 15, Tibberton
Square; and Cripplegate.

Hockin, Thomas Burd, Dartmouth.
Holmes, Samuel Bettison, Newcastle,
Howarth, John, jun., of Pendleton.

Ings, T. Godden, 52, St. Andrew's Road,

Robert Slater, Esq., of the firm of Messrs. Newington; and Buckingham Street.

Morrison, Allen, & Co. (Fore St.)

Thomas Bazley, Esq., Manchester.

King, G. F., 3, Manner Villas, Upper Holloway; Croydon; Lothbury.

Livett, Andrew Lewis, Manchester.
Lyddon, Richard, Camberwell; and Wel-

TAKING OUT AND RENEWAL OF CER-lington.

TIFICATES.

Queen's Bench.

For the 26th day of November, 1853. Allen, Charles, 27, Kensington Gate, Hyde Park; and Henrietta Terrace.

Allen, George, 9, Cavendish Road, St. John's Wood; and Carlisle Street.

Barrell, William, 14, Robert Street, Upper Brook Street, Manchester.

Bartley, Nehemiah, 3, Burnham Square, Victoria Park; and West Street.

Barton, George Henry, 2, Bloomfield Place, Pimlico.

Beck, John Grant, 15, Upper George Street, Bryanston Square; Pulborough.

Bewsher, John, 17, Argyle Square, New

Road.

Biller, George, 12, St. Petersburgh Place, Bayswater; and Onslow Terrace.

Blandy, William, F., 4, Duke Street, Westminster, Belgrave Street; Reading.

Boulton, Robert, 24, Argyle Sq., New Road. Briggs, Frederick, 4, Norfolk Place, Globe Road, Mile End.

Brown, William, 63, Charrington Street, Oakley Square; and Warwick.

Chandler, Charles, 21, Cambridge Terrace,
Edgware Road; Cecil Street, Upper Seymour
Street, Shrewsbury; and Ellesmere.

Charlton, Edward, Gateshead.
Chester, Matthew, Liverpool.

Clunn, A. J., 1, Little Piazza, Covent Gar-
den; and Christleton Road, near Chester.
Codd, Henry, 17, Lincoln's Inn Fields; and
Maldon.

March, Owen, Rochdale.

Mares, Charles, 5, Billiter Street.

Morris, John, 12, Royal Place, Greenwich. Mounsey, Ewart Simon, 14, Wharton Street, Pentonville.

Munday, Richard Hodges, 5, Fountain Court, Strand.

Parker, Thomas, 12, Angel Terrace, Islington; and Southampton Row.

Pott, Joseph Compton, Bridge Street, South

wark.

Pulsford, William, Nicholas Lane; and Highbridge, near Bridgewater.

Roberson, Charles James Scholey, 6, North Street, Fitzroy Square.

Robinson, Henry Meggison, 16, Finsbury Place South.

Shugar, George, Brighton.

Sidney, William Henry Marlow; Cowpen, Northumberland.

Spofforth, Markham, 3, Bennet Street, St. James's; and Cannon Row.

Tatham, Michael Hodgson, Highgate. Taylor, Robert, 4, Vere Street, Oxford St.; and Surbiton, near Kingston.

Taylor, John, Crowland.

;

Tooth, R., 6, Duke Street, Westminster
Buckingham Street; and Tillington.
Watson, Charles, Castleton, near Guis-
borough

Wells, Thomas, 73, Upper Ground Street,
Blackfriar's Road; Hill Street; St. Alban's
Street; Greville Street; and Chapel Street.

Williams, Matthew Haywood, 69, A., Dean Street, Soho; Bridgnorth.

Willington, John Stark, Southsea

Superior Courts: Lords Justices.-Rolls.

RECENT DECISIONS IN THE SUPERIOR COURTS.

Lords Justices.

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THIS was a petition on behalf of the tenant for life of certain settled estates in Cornwall,

In re Burbury, exparte Bateman. Nov. 4, 1853. for payment of a sum of 3,000l., part of TAXATION OF COSTS BY DISTRICT REGIS-20,000l., which had been paid by the Truro TRAR IN BANKRUPCY. REVIEWAL BY and Bodmin Railway Company for land re

COMMISSIONER.-JURISDICTION.

Held, on appeal from Mr. Commissioner Balguy, that the Commissioner has jurisdiction to, and should, review, as a matter of course, the taxation by the Registrar of costs in the matter of a bankruptcy. Quære, whether the Registrar of a district Court has jurisdiction to tax costs in a bankruptcy before the Order of October, 1852, but after the passing of the 12 & 13 Vict. c. 106.

THIS was an appeal from the decision of Mr. Commissioner Balguy, refusing to review the taxation, in the year 1851, of certain bills of costs for business transacted in the matter of this bankruptcy. It appeared that the bill had not been paid, but a sum of 100l. had been paid on account.

W. M. James and W. Morris in support, citing Exparte Moore, 1 Deac. 578; Exparte Rees, De Gex, 205; Exparte Woolston, 3 Mont., Deac. & De G. 702.

Rolt and Selwyn, contrà.

The Lords Justices said, the solicitors were in a condition to establish their claim, although the taxation had taken place more than a year ago by the registrar of the district Court, and after the 12 & 13 Vict. c. 106, came into force, but before the Order of 19th October, 1852. It was very doubtful, under the circumstances, whether the registrar had authority to tax, but, at all events, as he had professed to do it in the ordinary exercise of his jurisdiction, his taxation should have been reviewed by the Commissioner as a matter of course. The order of the Commissioner would therefore be discharged, and the matter be referred back to the Court below, with liberty to apply.

Gossett v. Vivian. Nov. 5, 1853.

PAYMENT TO TENANT FOR LIFE OUT OF MONEY PAID FOR LANDS TAKEN BY RAILWAY.-COMPENSATION FOR INCON

VENIENCE. LANDS' CLAUSES' ACT, s. 73. Order made on petition for payment under the 8 Vict. c. 18, s. 73, to a tenant for life of lands taken by a railway company, of a sum of 3,000l. by way of compensation for the annoyance caused by the line passing near his residence, where the original purchase money agreed on had, by reason of the same, been increased from 9,000l. to 20,000l.

The 52nd Order of which provides, that "in the country districts all bills of costs, charges, fees, and disbursements (except such as may be specially referred to the Master), shall be taxed by one of the registrars."

quired for their line, and for residential damage. This payment was sought by way of compensation for the annoyance caused to the petitioner from the railway being carried through his park and near to one of the principal windows of the mansion-house which he occupied. It appeared that, by the original contract, the purchase-money was fixed at 9,000l., with a further sum on certain contingencies, and the railway was to be made so as to avoid the petitioner's residence. The Master of the Rolls having refused the petition, this appeal was presented.

Roupell and Speed in support, citing 8 Vict. c. 18, s. 73, which provides, that "it shall be in the discretion of the Court of Chancery in England" "to allot to any tenant for life, or for any other partial or qualified estate, for his own use, a portion of the sum so paid into the bank," "as compensation for any injury, inconvenience, or annoyance which he may be considered to sustain, independently of the actual value of the lands to be taken, and of the damage occasioned to the lands held therewith, by reason of the taking of such lands and the making of the works.

J. W. De L. Giffard for the trustees, contrà, on behalf of the infant children.

The Lords Justices said, that, having regard to the great increase in price by reason of the line passing through the park, and to the inconvenience consequently occasioned to the petitioner thereby, it was not unreasonable the payment asked for should be made.

Master of the Rolls.

In re Philpots. Nov. 4, 1853.

ON PETIPRESSURE BY

TAXATION OF BILL OF COSTS.
TION OF MORTGAGOR.
MORTGAGEE'S SOLICITOR.

A mortgagee's solicitor had refused to give up the mortgage on the amount thereby secured being tendered, without payment of his costs: Held, that the mortgagor was entitled to the usual order for a taxation. THIS was a petition on behalf of the morttaxation of the bill of costs, in reference to the gagor of certain property for an order for the transaction, of the mortgagee's solicitor, who had refused to give up the mortgage-deed on its amount being tendered, without payment of

his costs.

Kingdon, contrà.

The Master of the Rolls said, that as the refusal of the solicitor to complete amounted to undue pressure, the usual order must be made for the taxation.

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Superior Courts: Rolls.-V. C. Kindersley.-V. C. Stuart.

Walker v. Drury. Nov. 5, 1853. MARRIED WOMAN.-EQUITY TO A SETTLE

MENT.

A married woman was entitled to a sum of 4001. on the death of a tenant for life, and her husband had conveyed her interest to secure a debt. On its falling in, an order was made for 300l. to be settled on the wife and her children, and for payment of the residue after the deduction of costs to the mortgagee.

Ir appeared that the testator, Mr. Samuel Drury, had charged certain lands with two sums of 400l. in favour of his two daughters after his wife's decease, and that Ann, one of the daughters, had married, and her husband had conveyed away her interest by way of security for a debt. On the death of the tenant for life, the daughter became entitled to her bequest, and claimed her equity to a settlement.

Roupell, R. Palmer, Metcalfe, Martindale, Roxburgh, and Ainslie for the several parties.

The Master of the Rolls said, that a sum of 3001. must be settled on the wife and children, and the remainder be paid, after payment of the costs, to the mortgagee.

Vice-Chancellor Kindersley.

WHERE BISHOP REVERSIONER. MULATION OF DIVIDENDS.

In re Bishop of Bath and Wells. Nov. 4, 1853. PURCHASE OF LAND BELONGING TO SEE.ACCUCertain lands belonging to a See were purchased under the Lunatic Asylums' Regulation Act: Held, that the bishop, who was only entitled to the reversion, was not entitled to the dividends, although the sum was small, but they were directed to be invested and accumulate.

THIS was a petition for the payment to the petitioner and his successors of the dividends on a sum of about 100l., the purchase-money of certain lands belonging to the See, and in which the petitioner was entitled to the reversion, taken under the 16 & 17 Vict. c. 97, s. 36 (the Lunatic Asylums' Regulation Act). Thring in support, and referring to Exparte Bishop of Winchester, 16 Jur. 649.

Nalder for the visitors.

The Vice-Chancellor said, that as the petitioner was a simple reversioner, the dividends, although the sum was small, must accumulate

and be invested.

In re Buckinghamshire Railway Company, exparte New College, Oxford. Nov. 4, 1853. RAILWAY COMPANY.-INVESTMENT OF PUR

CHASE-MONEY OF LAND TAKEN.-BROKERAGE. COSTS.

On a petition for the investment of the purchase-money of land taken by a railway company, direction for payment by the company of the brokerage in addition to the ordinary costs.

THIS was a petition for the investment of the purchase-money of certain lands belonging |

to the petitioners, which had been taken for the purposes of the above railway under their act.

Jones Bateman, in support, asked for a direction in the order for payment by the company of the brokerage in addition to the ordinary costs, citing In re Kendal and Windermere Railway Company's Act, 1845, and Braithwaite's Trust, 1 Eq. Rep. 163. Speed for the company.

The Vice-Chancellor made the order as asked.

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Quære, whether this Court has jurisdiction to declare that the amount of debt and costs under a judgment in a County Court, together with interest at 4 per cent., shall be a charge on an annuity payable to the defendant, who had no goods or chattels in this country on which the execution could operate under the 9 & 10 Vict. c. 95, s. 94, But the Court refused, on motion for decree, under the 15 & 16 Vict. c. 86, s. 15, to make such a declaration.

in the Shoreditch County Court by the master IT appeared that an action had been brought of a vessel, to recover the amount of passage money for the defendant and his wife from Adelaide to this country, and that he had obtained judgment. There were, however, no goods or chattels on which the execution could operate, and this motion was thereupon made for a decree, under the 15 & 16 Vict. c. 86, s. 15, that the amount of the judgment and costs, with interest at 4 per cent. might be declared, a charge on an annuity of 257. payable to the defendant under his father's will, and secured on leasehold property.

By the 9 & 10 Vict. c. 95, s. 94, it is enacted, that "whenever the Judge shall have made an order for the payment of money, the amount shall be recoverable, in case of default or failure of payment thereof forthwith, or at the time or times in the manner thereby directed, by execution against the goods and chattels of the party against whom such order shall be made."

Bovill and W. D. Bruce in support, citing Smithier v. Lewis, 1 Vern. 398; W. Morris, contrà, referred to Smith v. Hurst, 22 Law J., N. S., Ch. 289; Humphry for the trustees.

The Vice-Chancellor said, that as the question was entirely new, and brought on by motion, no order would be made thereon, in the exerthe costs be reserved until the hearing. cise of the discretion conferred by s. 16, but

Vice-Chancellor Stuart.

Hatwill and wife v. Runell. Nov. 4, 1853.

ADMINISTRATION SUIT.-RIGHT OF EXECUTOR TO SPECIAL INQUIRIES IN RESPECT OF SERVICES RENDERED TO HIM IN INDIVIDUAL CAPACITY.

It appeared in a suit for the administration

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