370 suggest that the present time will be a favourable opportunity for the Solicitors to give the proposition a trial, at least until the commencement of business next Term. G. Enfranch. of Copyholds.—Correspondence.-Notes of Circuit. [LEGal observer, The Master of the Rolls said:-"When a tion and all the offices closed by 2 o'clock, purchaser has not obtained a conveyance, the this objection cannot be urged, and would fund in which he has an interest cannot be dealt with in his absence; but when he has got his conveyance, and is served with a petition for its distribution, he, having no longer any interest, should not appear, but should inform the petitioner that he has no claim on the fund. I can give the purchaser no costs." Barton v. Latour, 18 Beav. 526. NOTES OF THE CIRCUIT. ENFRANCHISEMENT OF COPYHOLDS. fendant denied his alleged hand-writing. The TO LORDS OF MANORS AND THEIR I HAD always imagined, from the language of the recent Act for the compulsory Enfranchisement of Copyholds, that all expenses attending such compulsory procedure were to be borne by the tenant. I am therefore extremely surprised to learn that, in a recent case of enfranchisement of an estate of some considerable value, the Commissioners, under the legal advice of the Law Officers of the Crown, have held that all expenses of surveyors and of evidence adduced by the lord must be borne by himself, and not by the copyholder. This is a most important consideration for lords of manors, and, as it appears to me, puts a construction upon the Act which was never intended by the Legislature.-More of this anon. EVIDENCE OF HAND-WRITING. FORGERY. A REMARKABLE action was recently tried on a bill of exchange for 500l. wherein the deperson who procured the bill to be discounted by a joint-stock bank swore to the defendant's signature in his presence for his accommodation, and other witnesses, acquainted with the defendant's hand-writing, stated their belief that the signature was his. The defendant was called and positively denied ever having signed this or any other accommodation bili. The cashier of the defendant's banker said he would not have paid a draft so signed, and he and other witnesses expressed their disbelief of the genuineness of the signature. A witness, peculiarly skilled in hand-writing, then deposed that he had examined the writing by a magnifying glass, and was decidedly of opinion that it was an imitated signature, parts of which had been touched up to resemble the original, and it had not the character of a natural signature. The jury found a verdict for the defendant. This case reminds us of one a few years ago, in which we saw a test applied that turned the scale against a forged document. Nearly an equal number of witnesses had deposed pro tion was compared with one that was unquesand con, when at length the signature in questionably authentic; by holding one over the other against a strong light, they appeared to be actually identical in even the most minute particular. Now as no hand ever wrote twice alike in all respects, the forgery was detected; moreover by a magnifying glass the paper of the disputed document was in a comparatively rough state, as if the signature had first been traced in pencil and then copied in ink, and the pencil marks rubbed out. SEPT. 8, 1855.] Notes of Week.-Superior Courts: Lord Chancellor.-Lords Justices. the Western Circuit, has been appointed Recorder of Andover, in the room of C. H. Bellenden Ker, Esq. resigned. Mr. Stephens was called to the Bar 9th May, 1832, and was Lecturer on Common Law and Criminal Law at the Incorporated Law Society. Mr. Morice, Solicitor, of Aberystwith, has been appointed Clerk to the Justices for the Ilar Division, and to the Trustees of the Aberystwith Harbour. The Lords of the Treasury have appointed Mr. T. L. Donaldson, and Mr. James Wilkes, Commissioners for Inquiring into the Cost and Construction of Lunatic Asylums in Ireland. Mr.Spencer Shelley has been appointed Secretary to the Commission. Civil Service Gazette. The Court of Directors of the East India Company have appointed Mr. William Ritchie, 371 of the Calcutta Bar, to be acting AdvocateGeneral of India during the absence of Mr. Prinsep, with a reversion of the office when a vacancy occurs.-Times. Mr. Sheriff Rose has appointed Mr. James Anderson Rose, Solicitor, to be his UnderSheriff for the ensuing year. The Right Hon. Sir George Grey, Bart., one of her Majesty's Principal Secretaries of State, has appointed the undermentioned gentlemen to set out the Wards and appoint the number of Vestrymen, under an Act passed in the last Session of Parliament, for the better local management of the Metropolis: Alexander Pulling, Esq., Barrister-at-Law. William Durrant Cooper, Esq., Solicitor.- RECENT DECISIONS IN THE SUPERIOR COURTS. Lord Chancellor. Desborough v. Harris and others. July 28; W. M. James and Rasch for the plaintiff; Rolt and Bazalgette for Messrs. Sanders and Barnes ; Headlam and Tripp for the insolvent; Solicitor-General and Osborne for the INTERPLEADER BILL.-ADVERSE CLAIM. assignee. POLICY OF INSURANCE.-COSTS. H. insured the life of a party in an insurance company and became insolvent five years after he had assigned the policy to S. & Co. Upon the death of the insured, S. & Co. claimed the fund and sued the company. H. also threatened an action, and his assignee refused to assist S. & Co. in perfecting their title: Held, varying the decision of Vice-Chancellor Wood, that the company could not file an interpleader bill, as H.'s interest passed to his assignee, whose conduct could not be construed into a counter claim. The bill was dismissed with costs as against him and S. & Co., but without costs as against H. The decision of Vice-Chancellor Wigram in Fenn v. Edmonds, 5 Hare, 314, reversed. Ir appeared that in 1825 the defendant, Mr. Harris, effected a policy for 3,000, in the Atlas Assurance Company on the life of Judith Grubb, which he assigned in 1829 to the defendants, Messrs. Sanders and Barnes, of Exeter. Mr. Harris became insolvent in 1834, and the defendant, Mr. Sturgis, was the assignee of his estate. Upon the death of Judith Grubb in 1853, Messrs. Sanders and Barnes brought an action against the company claiming the amount of the policy, which was disputed by the insolvent, who also threatened to sue the insurance company, who thereupon by their secretary filed this interpleader Bill. The Vice-Chancellor Wood having decreed in favour of Messrs. Sanders and Barnes, and ordered Mr. Sturgis to pay the costs of suit, this appeal was presented." The Lord Chancellor said, that the founda tion of the right to file an interpleader bill depended on the fact of there being two or more conflicting claims to the property in question, and that whenever the difficulty in deciding as to the rightful owner, was caused by no fault of the stakeholder, he was entitled to bring the money into Court, and leave the claimants to establish their right. The question then arose, whether there was an actual claim here. With respect to Harris there could be none, as whatever interest he had passed to his assignee. But when his claim came to be considered, it could not be called adverse to that of Messrs. Sanders, as it could only arise after their undisputed assignment from Harris had been satisfied. This decision was adverse to that of the late Vice-Chancellor Wigram in Fenn v. Edmonds, 5 Hare, 314, but if correctly reported, the doctrine there laid down could not be supported. All that Mr. Sturgis had done was to decline to assist Messrs. Sanders in perfecting their title, and the decree would therefore be varied, by directing the bill to be dismissed with costs as against Messrs. Sanders and the assignee, but without costs as against Harris. Lords Justices. In re Thistlethwaite's Trust. July 27, 1855. WILL. CONSTRUCTION.-"UNMARRIED.' WIDOW. A testator gave an annuity to his daughter during the joint lives of herself and her mother, and an increased annuity if at the 372 Superior Courts: L. Justices-V. C. Kindersley.—V. C. Wood. [LEGAL OBSERVER. death of her mother she should be living | money of other lands taken by the Great and "still unmarried." He also gave her Grimsby and Sheffield Junction Railway Coma legacy at her mother's death if she should pany, and the rent of which had been applied be" then unmarried." Upon her marriage from time immemorial to the repair of the in her mother's lifetime, held, reversing the church. It appeared that the burial ground decision of Vice-Chancellor Stuart, that being insufficient, a board had been appointed she could never become entitled to the le- under the 15 & 16 Vict. c. 85, and the 16 & 17 gacy, although a widow at her mother's Vict. c. 134, and it was proposed to convey death, as the words "then unmarried" five acres of land to the board, subject to the must be taken to mean "not having been payment of an annual rent-charge of 251. for then married." the repairs of the church. THE testator, by his will, gave an annuity to his daughter during the joint lives of himself and her mother, and an increased annuity if at the death of her mother she should be living and still unmarried. He also gave his daughter a legacy of 1,000l. at her mother's death if she should be then unmarried. Upon the marriage of the daughter in January last, her mother being still alive,-the trustees presented this petition for payment of the 1,000l. as part of the testator's residuary estate. The Vice-Chancellor Stuart dismissed the petition on the ground that the daughter might be a widow when her mother died, and this appeal was presented. Malins and Freeling in support; Wulker and H. R. Young, contrà. The Lords Justices said, that having reference to the use of the word "still" by the testator in an earlier part of his will, it must be taken that when he used the word "unmarried" with respect to the legacy of 1,000l., he meant "not having been married." The legacy could never therefore become payable to her in the events which had happened, and the decision of the Vice-Chancellor must be reversed. Vice-Chancellor Kindersley. Wickens for the Attorney-General. The Vice-Chancellor said, that an order would be made for payment of the gross sum into Court, to be invested in the purchase of other land when an opportunity offered. There would also be an affidavit as to the value by a surveyor. The costs of the petition to be paid by the burial board. Vice-Chancellor Wood. Jones v. Howell. June 20, 1855. MOTION FOR DECREE UNDER EQUITY JURISDICTION IMPROVEMENT ACT, S. 52. Motion granted to set down cause, commenced before the 15 & 16 Vict. c. 86, came into operation, on notice of motion for decree under s. 15, where some of the defendants, who had not been required to answer, had not answered, although the plaintiff had not filed a traversing note under the 52nd Order of May 8, 1845, and the time for answering had elapsed. THIS was a motion to set down this cause, which was commenced before the 15 & 16 Vict. c. 86, came into operation, on notice of motion for decree under s. 15. It appeared that some of the defendants, who had not been required to put in an answer, had not answer In re Churchwardens of Barrow, Lincolnshire.ed, but that the plaintiff had not filed a tra July 30, 1855. versing note pursuant to the 52nd Order of May 8, 1845, although the time for answering PARISH LANDS CHARGED WITH REPAIR OF had elapsed. The Clerk of Records and Writs CHURCH. CONVEYANCE TO BURIAL having refused to certify that the cause was in a fit state for hearing, this motion was made. Amphlett in support. The Vice-Chancellor granted the application. Which enacts, that "the plaintiff in any suit commenced by bill, shall be at liberty at any Churchwardens purchased certain lands with the purchase-money of other lands taken by a railway company, and the rents of which were applicable from time immemorial for the repair of the church. The burial time after the time allowed to defendant ground being insufficient, a board was ap- for answering the same shall have expired pointed under the 15 & 16 Vict. c. 85, and (but before replication) to move the Court, the 16 & 17 Vict. c. 134, to whom the pe- upon such notice as shall in that behalf be titioners sought to convey the above land, prescribed by any general order of the Lord subject to the payment of an annnal rent-Chancellor, for such decree or decretal order charge of 251. Held, that the gross money as he may think himself entitled to; and the must be brought into Court for investment in other land when an occasion offered, an affidavit as to value to be made by a surveyor, and the burial board to pay the costs of petition. Burdon appeared in support of this petition, for leave to convey to the burial board of the parish certain lands, which had been purchased by the petitioners with part of the purchase plaintiff and defendant respectively shall be at liberty to file affidavits in support of and in opposition to the motion so to be made, and to use the same on the hearing of such motion; and if such motion shall be made after an answer filed in the cause, the answer shall, for the purposes of the motion, be treated as an affidavit." The Legal Observer, AND SOLICITORS' JOURNAL. wwww "Still attorneyed at your service.”—Shakespeare. SATURDAY, SEPTEMBER 15, 1855. DESPATCH OF BUSINESS IN THE COURT OF CHANCERY. The recent Act, 18 & 19 Vict. c. 134, which received the Royal Assent on the 14th August, recites, that delays and inIr must be admitted that the Lord conveniences have arisen in carrying on Chancellor has constantly manifested a dis- that portion of the business of the Court position to effect improvements in the prac- which is transacted by the Master of the tice and course of proceeding in the Court Rolls and the Vice-Chancellors sitting at of Chancery. His lordship may not pro- Chambers. The preamble ascribes this ceed so rapidly as some of our reformers delay and inconvenience to the insufficient may desire; but it is scarcely reasonable to number of junior clerks attached to those expect that so soon after the recent Chan- Judges; and the Act provides both for the cery Acts very large alterations should be present and future additions. The proimmediately attempted. The consequences visions, however, which follow the recitals, of the measures a lopted in 1852 have, extend beyond the object of appointing adindeed, to a certain extent been developed, ditional junior clerks; namely,—the transbut as yet the Masters in Chancery Abo- fer of the business of the Report Office to lition Act has not been carried into complete the Clerks of Records and Writs ;—the exeffect; five of the Masters yet remain to tension of the Jurisdiction of the Judges at wind up the matters referred to them in Chambers;-the Administration of Oaths and prior to the year 1852. The great by Solicitors ;-the increase of the Salaries alterations in the jurisdiction and practice of the Judges' Chief Clerks and of the of the Court which were then enacted will Clerks of Records and Writs;—the apporcome into full operation in another year or tionment of the Salaries of the Junior two, and then will be the time to consider Clerks ;-the grant of retiring Pensions the further changes which more ample ex- and Compensations ;-and vesting in the perience may dictate as necessary. Lord Chancellor the Ground and Buildings In the meantime, the most important of the late Masters' Offices, with powers of subject which demands immediate attention, leasing and sale. We shall notice these is that of the Remuneration of the Practi- several enactments in their order. 1st. Appointment of additional Junior Clerks. tioners of the Court, which ought to have been better considered contemporaneously with the other alterations. It may, however, be admitted that the practical expe- The Master of the Rolls and the Vicerience of the working of those alterations Chancellors may appoint an additional during the last two or three years, will junior clerk to each of their respective enable the Judges, more satisfactorily to chief clerks, and from time to time fill the public interest, as well as more justly up vacancies (s. 1). The tenure of office, to the Profession, to settle the new scale of attendances, duties, prohibitions and peallowance and amend the rules of taxation, nalties, respecting junior clerks prescribed than could have been effected without such experience. VOL. L. See the Act in extenso, pp. 338-342, ante. Χ 374 Despatch of Business in the Court of Chancery. [LEGAL OBSERVER, in the Masters in Chancery Abolition Act, lors or two of them may, by any general 15 & 16 Vict. c. 80, are extended to the order direct. junior clerks appointed under this Act (s. 2). 2nd. Transfer and Regulation of the Busi ness of the Report Office. This section cannot of course be carried into effect until such general order shall be made. 4th. Administration of Oaths by Solicitors. The Office of Master of Reports and It will be recollected that a clause was inEntries is abolished from the first vacancy, troduced, during the progress of the Bill, to or from such other period before a vacancy prevent the solicitors, who are Commissioners as the Lord Chancellor, with the advice of to administer Oaths in Chancery, from actthe Master of the Rolls, may direct (s. 5). ing away from their places of business, unAfter such abolition the business of the less in case of sickness of the deponent; office (except such part as is transacted by and it was proposed by such clause, that the the entering clerks) shall be carried on by Commissioner should be entitled to a fee of the Clerks of Records and Writs, who shall 10s. (like the Record Clerk), for such atdischarge the duties belonging to the office tendance.2 The clause was successfully of Master of Reports and Entries. The opposed, not on account of any personal business of the entering clerks is to be carried on by such entering clerks, who are to be styled "The Entering Clerks to the Registrars," under the superintendence of the senior Registrar, subject to the rules and regulations of the Lord Chancellor, with the advice of the Master of the Rolls (s. 6). The 29th section of 15 & 16 Vict. c. 87, relating to the duties of the Clerk of Reports is now repealed (s. 7). The offices of the two Clerks of Reports are continued under this Act, and upon any vacancy the Lord Chancellor may fill it up; and if more than two clerks be requisite, the Lord Chancellor, with the advice of the Master of the Rolls, may appoint additional clerks (s. 8). The Act does not repeal so much of the Suitors' Relief Act as relates to the countersigning by the present Master of Reports and Entries of notes or cheques of the Accountant-General, nor as to other duties which the Lord Chancellor may direct to be performed by him (s. 9). 3rd. Extension of Jurisdiction at the Judges' Chambers. The 16th section of the Act recites, that by divers Acts of Parliament the Court of Chancery is empowered to make orders in respect of the disposition of trust funds and other matters under its jurisdiction, upon petition presented, or motion made in a summary way without bill, but such orders cannot be made on application at Chambers: it is therefore now enacted, that the business to be disposed of by the Master of the Rolls and Vice-Chancellors at Chambers shall comprise such of the matters in respect of which the Court is empowered to make orders in a summary way, as the Lord Chancellor, with the advice of the Master of the Rolls and the Vice-Chancel interest of the solicitor but for the convenience of the suitors and their witnesses. The present Act, however, contains a material section, whereby persons wilfully taking any false oath, or making an affirmation or declaration before any solicitor authorised by the 16 & 17 Vict. c. 78, are subject to all the penalties of perjury whether the oath, &c., shall or shall not have been taken or made at a place at which, under the provisions of the last-mentioned Act, the oath, &c., might lawfully be taken or made. But the Commissioners must truly state in the jurat or attestation at what place the oath, &c., has been taken or made (s. 15). It would appear from this enactment, that the person who wilfully swears falsely will be liable to prosecution, although the Commissioner may have administered the oath out of his proper jurisdiction. Thus the offender will not escape; but we appre hend that a Commissioner who wilfully exceeds his authority may be held responsible as for a contempt of Court. 5th. Increase and apportionment of Salaries; and grant of Pensions and Compen sations. By the 3rd section, the Lord Chancellor to be increased from the 2nd November, may direct the salaries of the chief clerks 1855, to the full amount authorised by the 15 & 16 Vict. c. 80, viz., 1,5007. The 10th section continues the salary of the present Master of Reports and Entries. By the 11th section, on the abolition of allow this fee of 10s, whenever the Commis2 We presume that the Taxing Masters will sioner is required to attend elsewhere than his own office. |