310 Incorporated Law Society.-New Regulation of Inland Letters. [LEGAL OBSERVER, and the minutes of the last Annual General Meeting. 2. The President stated the vacancies in the offices of President, Vice-President, and in the Council and Auditors, and the names of the persons proposed to fill those vacancies. A show of hands was taken on each name so proposed. A ballot was then demanded for the election of ten members to fill the vacancies for members of the Council; and the President appointed the following members present as Scrutineers to superintend the ballot during its progress, and to report the result to the meeting namely, Mr. James Anderton and Mr. Daniel Smith Bockett. Read the Report afterwards made by the Scrutineers, And the President thereupon declared, That Edward Savage Bailey, Alfred Bell, Bartle John Laurie Frere, Bryan Holme, Henry Lake, Joseph Maynard, Charles Ranken, and Edward White, were elected Members of the Council, in lieu of those who go out of office by rotation. That John Henry Bolton (Lincoln's Inn) was elected a Member of the Council, in lieu of Thomas Clarke, deceased. That William Murray (London Street, City) was elected a Member of the Council in lieu of Edward Lawford, resigned. 6. It was moved, seconded, and Resolved, That the best thanks of the Meeting be presented to the President for his able conduct in the Chair, and for his invaluable services, not only during his year of Office, but on all occasions in behalf of the Society, and the Profession in general, whose several interests he has eminently promoted. NEW REGULATION OF INLAND ABOLITION OF MONEY PAYMENTS. THE following notice has just been issued:On and from the 14th instant the regulation which prohibits money pre-payments on inland letters will be extended to the Chief Office, St. Martins-le-Grand, with the following exception, viz., when the postage on the letters sent to be posted at the Chief Office by one individual or firm, shall collectively amount to 17. and upwards, provided the letters are posted between the hours of 10 A. M. and 5 P.M. With this exception, all inland letters must either be pre-paid by stamps or be sent unpaid, These regulations do not affect letters addressed That Keith Barnes be and he is hereby to places abroad, which may still be pre-paid declared to be elected President of the So- by money or stamps, at the option of the ciety. That Edward White be and he is hereby declared to be elected Vice-President of the Society. That James Beaumont, Nathaniel Charles Milne, and John Marmaduke Teesdale, be and they are hereby declared to be elected Auditors of the Accounts of the Society. sender. REGISTERING LETTERS. On and after Wednesday, the 15th August, all persons who arrive at the Lombard Street Branch Office before 20 minutes past 5 o'clock will have their letters registered the same evenP. M., for the purpose of registering letters, 3. Read the Annual Report of the Council. Resolved, That the Report of the Council be received and entered on the Minutes; and the Report, or such parts of it as the Council ing, but no persons reaching the office after shall think fit, be printed for the use of that hour will have their letters accepted. members. With a view to facilitate their despatch, persons tendering several letters for registry are 4. Read the Auditors' Report of the Ac counts of the Society. 5. It was moved by Mr. Ripley, seconded by Mr. Nicol, and Resolved, That the Auditors' Report be ap-requested to bring with them two lists enumeproved and signed by the President. rating such letters. One of these lists will be signed and returned, and the other retained Resolved, That the 26th Bye-law, by which for the use of the department. The public are it is provided "that the President, Vice-Presi- also requested to take notice that, on the dent, and Members of the Council, going out of mornings of despatch of the Indian mails, viá Office on the day of the Annual Meeting, Marseilles, letters from France, India, &c., if shall be immediately re-eligible," be repealed, and in lieu thereof, that the 26th Bye-law shall be: "That the Members of the Council going out of Office on the day of the Annual Meeting shall not be eligible for re-election until the next Annual Meeting subsequent to their going out of Office." a 2 This resolution has not been confirmed at any subsequent General Meeting, as required by the 17th Bye-law. paid for in money, should be presented at the Lombard Street Branch Office not later than 11. 35 A. M., i. e., ten minutes before the closing of the boxes for stamped letters. (Signed) ROWLAND HILL, Secretary. AUG. 18, 1855.] Correspondence.-Notes of Week.-Superior Courts: Rolls. SELECTIONS FROM CORRE- To the Editor of the Legal Observer. COUNTY COURTS. 311 pointed Clerk of the Peace for the County of Aberdeen.-Observer. Mr. Russell has resigned the Chairmanship of the Great Western Railway, and is succeeded by Mr. Spencer Walpole.—Railway Record. SIR,-Perhaps it is not generally known, that William Nathaniel Massey, Esq., M.P., Barif a plaintiff should not have taken proceedings rister-at-Law, has been appointed Under Sein these Courts against a debt, for more than a year, it is necessary that the plaintiff should retary of State for the Home Department, in attend on a Court-day and make formal appli- the room of the Honourable William Francis cation for leave to proceed. Now, sir, I think Cowper, now President of the Board of Health. this rule very absurd, inasmuch as if you re--Globe. side in London you may have to go into the country to find out when a Court is appointed. I did so on two occasions and was put to great inconvenience; surely some reform ought to be called for. G. M. NOTES OF THE WEEK. LAW APPOINTMENTS. The Right Hon. Robert Lowe, M.P., Barrister-at-Law, was, on the 13th inst., by her Majesty's command, sworn of her Majesty's Most Hon. Privy Council. Her Majesty in Council was this day (13th August) pleased to appoint the Right Honourable Robert Lowe, M. P., President of the Committee of Council appointed for the consideration of all matters relating to Trade and Foreign Plantations, in the absence of the President of the said Committee for the time The Queen has been pleased to appoint William Eccles, Esq., to be a member of the Legislative Council of the Island of Trinidad; and W. Thomas Bridges, Esq., Barrister-at-being. Law, to be a member of the Legislative Council of the Island of Hong Kong, during the absence of Paul Joy Stirling, Esq., a member of that Board. From the London Gazette of 10th August. Mr. G. Oke has been appointed Assistant Clerk to the Mansion House Police Court. Charles Evans, Esq., has been appointed Revising Barrister for the Town and County of Cambridge and Isle of Ely. Mr. James Sparke, Solicitor, has been appointed clerk of the Peace, and Mr. William Salmon, solicitor, Town Clerk of Bury St. Edmunds, in the room of Mr. Joseph Hanby Holmes, deceased. The Queen has been pleased to direct Letters Patent to be passed under the Great Seal for nominating, constituting, and appointing The Right Hon. Edward Pleydell Bouverie, M. P., Barrister-at-Law, to be a Poor Law Commissioner for England. From the London Gazette of 14th August. The Queen has been pleased to confer the honour of Knighthood upon Mr. Justice Willes. POSTPONED BILLS. A complete list of the numerous Bills postponed or negatived in the recent Session, will be given in our next number, with some notes Mr. James Augustus Sinclair has been ap- and comments. RECENT DECISIONS IN THE SUPERIOR COURTS. ww Master of the Rolls. Finch v. Hollingsworth. July 9, 1855. www personal estate to his wife for life, and after her death, as to one moiety, among her relations in equal shares, and as to the other, to his relations as she should by will direct. The TIONS OF TESTATOR.-WILL-CONSTRUC- widow appointed among the relations of the POWER OF APPOINTMENT AMONG TION. RELA The testator gave the residue of his real aud personal estate to his wife for life, and after her death, as to one moiety, among her relatious in equal shares, and as to the other, among his relations, as she should by will direct. The widow appointed among such as were living at her death: Held, a valid appointment. THE testator gave the residue of his real and testator living at her death in the shares menwhether the next of kin at the time of the tes tioned in her will, and the question now arose, tator's death were not the proper objects of the power. Cole and Smythe for the several parties. cordance with the decision of Pope v. WhitThe Master of the Rolls held, that in accombe, as reported in Sugden on Powers, app. 29, the appointment was good. 312 Superior Courts: V. C. Wood.-Exchequer Chamber. Vice-Chancellor Wood. Barrow v. Methold. July 27, 1855. WILL.-CONSTRUCTION.-PREMIUM OF IN SURANCE. A bonus was declared on a policy of insurance on a testator's life shortly before the date of his will, whereby he gave to his wife "the premium of insurance on his life "for her immediate expenses:" Held, that the widow was only entitled to the bonus and not to the amount of the policy. THE testator gave to his wife "the premium of insurance on his life in an insurance office "for her immediate expenses." A question now arose whether a bonus declared on the policy shortly before the will was made, passed to the wife. Speed and Rasch for the several parties. The Vice-Chancellor held, that the bonus alone passed under the bequest. Exparte the Trustees of Cheshunt College. INVESTMENT OF PURCHASE MONEY OF CHISEMENT. The purchase-money of freehold lands belonging to a charity was ordered, under the 8 &9 Vict. c. 18, s. 69, on petition, to be applied in enfranchising copyholds belonging to the charity, and without the concurrence of the Charity Commissioners being obtained. THIS was a petition on behalf of the trustees of this charity, for the application in the enfranchisement of certain copyhold land, of the purchase-money paid into Court for freeholds taken by the New River Company under their Act. Reilly in support. The Vice-Chancellor made the order under the 8 & 9 Vict. c. 18, s. 69,' and held that the concurrence of the Charity Commissioners was not necessary. Manby v. Bewick. [LEGAL OBSERVER. Aug. 1, 1855. SECURITY FOR COSTS AFTER UNSUCCESS- A suit was instituted after an unsuccessful Willcock and Toller appeared in support of this motion to compel the plaintiff in this suit to give security for costs. It appeared that an action of ejectment had been brought in which the present defendants obtained judgment, but the costs had not been paid, in consequence of the plaintiff, who was a gardener, leaving his house, at which he was described in the bill to reside, locked up. A demurrer had been allowed to the bill, with leave to amend on payment of costs, which had been paid. Rolt, Roxburgh, and C. L. Webb for the plaintiff. The Vice-Chancellor said, that in accordance with the case of Hurst v. Padwick, 12 Jur. 21, and as the costs of the demurrer had been paid, the motion would be refused. Exchequer Chamber. June 30, 1855. SET-OFF IN ACTION BY ADMINISTRATOR OF DEBT DUE FROM INTESTATE. Held, on error from, and affirming the decision of, the Court of Exchequer, that the defendant in an action by an administrator to recover a debt due to himself in that character cannot set-off under the 2 Geo. 2, c. 22, s. 13, a debt due from the the intestate in his lifetime for money lent and work done and materials supplied. THIS was a writ of error from the judgment of the Court of Exchequer overruling a demurrer to a plea in this action (reported 9 Exch. R. 696). It appeared that the plaintiff sued as administrator to recover a debt due to 1 Which enacts, that "if the purchase-him in that character, to which the defendant money or compensation which shall be pay- pleaded a set-off in respect of money lent by able in respect of any lands, or any interest him to, and for work done for, and materials therein, purchased or taken by the promoters supplied to, the intestate in his lifetime. of the undertaking from any corporation," Bovill for the plaintiff in error; Pashley and "the same shall be paid into the bank in the Henniker, contrà. name and with the privity of the AccountantGeneral of the Court of Chancery in England, if the same relate to lands in England and Wales," "and such moneys shall remain so deposited until the same be applied to some one or more of the following purposes (that is to say): In the purchase or redemption of the land tax, or the discharge of any debt or incumbrance affecting the land in respect of which money shall have been paid, or affecting other lands settled therewith to the same or the like uses, trusts or purposes. Cur. ad. vult. The Court said, that under the 2 Geo. 2, c. 22, s. 13, the debt sought to be set-off must have arisen between the same parties, whereas in the present case this was not so, and the decision of the Court below would therefore be affirmed. Which enacts, that "where there are mutual debts between the plaintiff and defendant, or if either party sue or be sued as executor or administrator where there are mutual debts between the testator or intestate and either party, one debt may be set against the other." The Legal Observer, AND SOLICITORS' JOURNAL ~ "Still attorneyed at your service."-Shakespeare. SATURDAY, AUGUST 25, 1855. POSTPONED BILLS OF THE SESSION, 1855. Of the Settled Estates Bill, our readers are aware that its beneficial object was to enable, under certain restrictions, the Court In our last Number we presented a bird's of Chancery to empower trustees or others eye view of the several Statutes which had to grant leases, or sell or exchange lands, at passed both Houses of Parliament and re- the instance of and for the benefit of the ceived the Royal Assent. Some of them persons beneficially interested, who would are not in so efficient a state as their pro- otherwise have no remedy but the enormoters suggested, and further Bills on the mously expensive one of a resort to Parliasame subjects may be expected in the next ment. The principle of the Bill was exSession. Amongst these we may particu- cellent, for it would have enabled the larise the Limited Liability Act, the Chari-tenants for life and their families, or others table Trusts Act, the Public Health Act, and the Criminal Law Acts. interested in the reversion, to apply to the Court of Chancery and improve their inWe purpose now to give a general notice comes where the estates were of comparaof the various measures (about thirty in tively moderate amount and insufficient to number) which were introduced into one or justify the cost of a private Bill. As the other of the Houses of Parliament in the Law stands, the wealthy proprietors can course of the late Session, some of which procure that which is in effect denied to slumbered, from their first appearance,- others. Where the rental may be 10,0007. others were conducted successfully through or even 5,000l. a year, it may be worth one of the houses, -a few were positively while to expend a few thousands in obtainnegatived or thrown out on a division, ing an Act of Parliament; but if the rental and the remainder were withdrawn, either voluntarily, as ill-timed, or objectionable, or on account of palpable indications of such stout opposition that there was no hope of overcoming at present. A more distinct view of the nature and scope of those pro jected laws will be obtained by arranging them under the different departments of law to which they belong. be 1,000l. only, the sacrifice is too great. Now, had this Bill passed, we have no doubt that hundreds of persons would be enabled from time to time to apply to the Court of Chancery and obtain the requisite power to effect their objects. Besides, where the application is not approved by all the persons who are interested in the property, the dissentients at a moI. The Law of Property Bills, which are derate expense can have their objections no less than six in number, namely,-1st. heard and impartially decided—an advanThe Leases and Sales of Settled Estates. tage which is not possessed in opposing 2nd. The Executor and Trustee Society. Bills of Parliament, where local interests 3rd. The Real Estates of Intestates. 4th. may prevail, and where, at all events, the The Personal Estates of Intestates. 5th. cost is enormous. We are assured, howThe Powers under Drainage and other Im- ever that this Bill will be again introduced provement of Lands Acts. 6th. The by Lord Cranworth early in the next Ses Amendment of the Mortmain Act. VOL. L. No. 1,433. sion. S 314 Postponed Bills of the Session, 1855. As to the Executor and Trustee Joint-i Stock Company, we are told that an attempt will be made to construct the association under the Limited Liability Act; but that Act will not confer the powers which were improperly sought to be obtained from Parliament. The liability of the shareholders may be limited, but they will not have power to make a trading profit out of the trust, unless the will or settlement expressly authorise it, and trustees will not be indemnified in transferring their legal and moral obligations to the strangers who compose the managing body of the projected company. Mr. Locke King's proposal for abolishing, to a certain extent, the Law of Primogeniture, so far as relates to the Real Estates of persons dying intestate, was rejected in the House of Commons; and if it should have passed there, the probability is, that the Lords would have thrown it out. Another Bill of the same honourable member relating to the Personal Estates of Intes tates passed the Commons, but went no further than the first stage in the Lords. The Bill for giving further powers relating to the Drainage and other improvements of Lands, might be well consolidated with the Settled Estates Bill, and the Court of Chancery authorised to inquire into and decide on these claims without the expense of parliamentary applications. II. The Ecclesiastical Courts. [LEGAL OBSERVER, III. Common Law. It may not be inappropriate to place the following Bills under the head of Common Law, as they relate to, or will generally be carried into effect by the Common Law Courts. The first of these is the Law of Partnership Amendment Bill, which being connected with the Limited Liability Act, will probably meet with more favourable consideration in the next Session. It is expected that the principle of the Act already passed will be further extended. 2nd. The Bankers' Drafts Bill, by which every order on a banker was required to be stamped,-a -a measure that would no doubt have brought a considerable increase to the Inland Revenue, but which would probably have been extensively evaded and productive of much inconvenience, particularly in the more numerous class of small payments. 3rd. The Judgment Execution Bill, we regret, has been again postponed, under which English Judgments might have been enforced in Ireland and Scotland; and Irish and Scotch Judgments enforced in the English Courts. IV. The Criminal Law Bills. Although two of these measures attained maturity, namely,-the Criminal Justice Act and the Youthful Offenders' Act, so many as five other Bills were postponed. The 1st being the Assizes and Sessions Bill; the 2nd the Public Prosecutors' Bill; 3rd, the Speedy Trial of Offenders' Bill; 4th the Grand Juries' Bill; and 5th, the Justices of the Peace Bill. The Testamentary Jurisdiction Bill will doubtless be again brought before Parliament. On this important measure of Law The Assizes and Sessions Bill, with Reform, we shall take an early opportunity which may be classed the Speedy Trial of of calling attention to the speech of Lord Offenders' Bill, would effect an important Lyndhurst, and the answer given to it by change in the administration of Criminal the Lord Chancellor. Justice. Doubtless, it is desirable that the As it appears impossible to delay much accused should be speedily tried ;-acquitlonger the reform of these Courts, and the ted and released from confinement if intransfer of the Testamentary Jurisdiction nocent, or promptly punished if found either to another Court, or the establish-guilty. But it has hitherto been deemed ment of a Royal Court of Probate, it is not important that, not only at the Assizes but improbable that the advocates and proctors at the Sessions, arrangements should be of Doctors' Commons may propose a plan made to render it worth while for a suffiof reform for the removal of the principal cient number of Barristers to attend the objections which apply to the present Courts. If their project should be framed on a liberal and comprehensive scale, it will, of course, receive due consideration as coming from a highly respectable and able body of legal practitioners; but the general opinion of the Profession at large is, we believe, in favour of the amalgamation of the attorneys and solicitors with the proctors, and of the Bar of the Queen's Courts with the Doctors of Civil Law. Court, giving both prosecutors and prisoners the choice of several counsel. Now, if the rule be carried out, that there must be frequent gaol deliveries, and, instead of four Quarterly Sessions, eight or more, the cases for trial will, at each Sessions, be so few that they will not defray the expenses of the attendance of the Bar; and (as Mr. Warren urges) this means of acquiring a practical knowledge of their important profession will be destroyed. We apprehend, |