were simply as follow: The defendant bought |fication should be introduced in reference to of the plaintiffs ten tuns of linseed oil, at 31s. the delivery of bulky goods. Though the time 6d. per cwt., to be free delivered by the plain- may be sufficient for weighing, measuring, and tiffs within the last fourteen days of March, delivering, there ought to be opportunity as 1838, and then paid for. At half-past eight well as time, and the lateness of the hour might o'clock on the evening of Saturday, the 31st deprive the purchaser of the opportunity. The March, being the last of the fourteen days, the absence of a sufficient force of labourers to plaintiffs tendered and offered to deliver the oil stow away the goods, and the want of daylight, to the defendant, who was then at his ware- involving the necessity of using candles, and house; but the defendant refused to receive it, thus producing danger of fire to the stock in alleging the lateness of the hour as the reason trade, were amongst the arguments suggested for his refusal. The plaintiffs thereupon kept by the Lord Chief Justice to support the prothe oil, and again tendered it at seven o'clock position that a tender may be held to have on the following Monday morning, but the de- been made at an unreasonable hour, notwithfendant still refused to accept it. Under these standing the sufficiency of time for weighing, circumstances, the plaintiff brought an action measuring, &c., as stated in the finding of the to recover the price of the oil, and in their jury.

declaration alleged, that they were ready and Baron Parke, on the other side, thought the willing and had tendered and offered to deliver case admitted of no doubt. It was not, he it within the fourteen days, but that the defen- said, a question of practical convenience or of dant would not accept the same, or pay the reasonableness, for the law had fixed the rule— price. The defendant, by his pleas, traversed that a party who is to do a thing on a certain the averment that the plaintiffs were ready and day has the whole of the day for the performwilling to deliver the oil, and alleged that the ance of his contract. There was a distinction, tender was made at an hour that, by reason of however, prevailing in all the cases: where a its lateness, was unreasonable. The jury found thing is to be done anywhere, a tender at a cona special verdict embodying the facts above venient time before midnight is sufficient; when stated. They further found, that there was the thing is to be done at a particular place, full and sufficient time before midnight, and and where the law implies a duty on the party after the tender, for the plaintiffs to deliver and to whom the thing is to be done to attend, the for the defendant to examine, weigh, and attendance is to be by daylight, and a conreceive into his possession the said oil, but that the hour of half-past eight in the evening on the 31st March was a late, and by means of its lateness, an unreasonable and improper time of day for the tender and delivery of the said oil, and that the plaintiffs did not tender and were not ready to deliver the oil until the said unreasonable and improper hour.

venient time before sunset. If in this case, the goods had been deliverable at a particular place, the vendor would have been bound to deliver and the vendee to accept at that place, and the vendee need not have been there except a convenient time before sunset, but a tender to the vendee at the place at any other time of the day, there being a convenient time Upon this state of facts, the Court of Com- to receive, examine, and weigh, before the termon Pleas gave judgment for the defendant, mination of that day, would have been good. chiefly, as it appears, upon the ground that Consequently he thought, that the plaintiffs the contract imported a delivery at a reasonable having met the defendant, and actually tendered hour and in a reasonable manner. Tindal, the oil to him a sufficient time before midnight, C. J., in the course of his judgment, referred performed their part of the contract, and were to a Nisi Prius decision of Lord Ellenborough, entitled to recover for the breach of it by the as an instance where a term was engrafted on defendant. a mercantile contract, and in that respect nearly allied in principle to the present case.

Baron Alderson's judgment did not differ materially from that pronounced by Baron The plaintiffs having brought error upon the Parke. He stated the rule concisely to be, that judgment in the Common Pleas, the case was in cases not governed by particular customs of again argued in the Exchequer Chamber, trade, whenever parties oblige themselves to the where the learned Lord Chief Justice of the performance of duties within a certain number Queen's Bench individually concurred with the judgment of the court below, all the other judges in the court of error having arrived at an opposite conclusion.

of days, they have until the last minute of the last day to perform the obligation. The qualification to that rule was, that in acts requiring time, in order that they may be completely performed, the party must tender in sufficient time to complete his performance before the end of the day. In the case of a mercantile contract, however, the opposite party is not bound to wait beyond the usual hours of mercantile business, and the party who does not make the tender during those usual hours runs a great risk of not being able to make it at all. In this case, however, the plaintiffs met the defendant and made him a tender in sufficient time, which he was bound to accept.

Points in Common Law-Law Amendment Society.

197

Patteson, J., and Rolfe, B., distinctly stated issue raised on the plea, denying the indorsethe rule to be, that when no precise hour is ment, involved both propositions. It was adstipulated for the delivery of goods, the pur-mitted, however, that the facts in Marston v. chaser is bound to wait till a reasonable hour Allen differed from those of the present action, for the purpose of receiving them, but he is not as in Marston v. Allen, the bill was in fact bound to expect that the other party will come never handed over to any one as indorsee, and at an unreasonable hour and will be guilty of no default in departing. Their judgment proceeded mainly on the ground, that here the defendant was found at his warehouse, and the tender was made within the fourteen days.

The unrestrained circulation of bills of exchange, whilst it is productive of great public advantage, affords extraordinary facilities for the perpetration of frauds on individuals, and the cases which point out the form of pleading, under which defences of this nature may or may not be given in evidence, are peculiarly deserving of attention.

In an action by the last of several indorsees against the acceptor of a bill of exchange, the defendant pleaded that the payee (Allison) did not indorse to the second indorsee, (Winch,) that Winch did not indorse to the third indorsee, (Lacy,) and that Lacy did not indorse to the plaintiff. At the trial the plaintiff proved the hand-writing of the several indorsers. In support of the plea, denying that Allison indorsed to Winch, the defendant's counsel then proposed to prove, that although Allison wrote his name on the bill, he delivered it to Winch to be discounted and not to be negotiated, and that Winch had indorsed and transferred it in fraud to Allison. Coleridge, J., before whom the case was tried, rejected this evidence upon the ground, that it would have borne only on the conduct of Winch, and have raised no suspicion as to the plaintiff, who held under a subsequent indorsement.

the evidence which the court thought had been improperly rejected, was to the effect, that the plaintiff Marston, received the bill with full knowledge of the fraud committed by the second indorser.

In Hayes v. Caulfield, the Court of Queen's Bench held, that the evidence had been properly rejected. If, said Lord Denman, J. C., the dispute had been between an indorsee and his immediate indorser, it might be expected that on a plea denying the indorsement, the plaintiff should be prepared for the question, whether or not the transfer of the bill was for a purpose consistent with the intention of the prior indorser, but that is not so where the plea goes no farther than to deny the indorsement of an intermediate party. In proving the hand-writing of the indorser, I think the plaintiff proved as much as he was bound to prove, and that without question the defendant was liable. And Coleridge, J., observed, that although this case stood clear of the decision in Marston v. Allen, he reserved to himself the right, when the question arose, of considering, whether all that was said in that case could be sustained. The rule for a new trial was discharged.

SOCIETY FOR PROMOTING THE
AMENDMENT OF THE LAW.

REPORT OF THE COUNCIL.

the council of the society congratulate you on IN presenting their second annual report, the progress the society has made. Our present meeting may in fact be considered as our first anniversary; for the society is not yet eighteen months old, and when we last met, under the name of an annual meeting, it was scarcely constituted. We did, however, even at that early date, anticipate the result to which we have now the gratification of drawing your attention; for we felt strong conviction that the principles and objects of our institution, once understood, could not fail to attract that attention which we deem their importance to deserve. We did not, it is true, look forward to that sudden accession of members, or that rapid accumulation of subscriptions, which has The point was afterwards brought under the tions, formed for the furtherance of some so frequently marked the progress of associa. consideration of the Court of Queen's Bench directly benevolent or other attractive object; on a motion for a new trial, and the case of for though we are inferior to none in the imMarston v. Allen, was relied upon for the de-portance of the end we seek, we must admit, fendant. In that case the Court of Exchequer that it must be pursued through rough and held, that a transfer by indorsement means, uninviting ways. The impressions we have to writing the name of the party transferring the produce are of slow growth, requiring much bill on the bill, and also a delivery for the pur-time for their maturity, yet more for the ascerpose of completing such transfer, and that the taining of their true value. We cannot seek to attract you by recreation-diversity of labour is admitted to be a species of rest; but the labours to which we invite, bear too near an

a Hayes v. Caulfield, 5 Q. B. 81.

'8 Mees. & W. 494.

analogy to your daily and professional pur-, of labour, performed with our confined means, suits to be classed as diversions. Come and should serve as a basis for caculating the work-come and teach-come and learn -are greater benefit, which would result from a not among the invitations which meet the larger outlay. readiest acceptance. And yet we have succeeded.

We have the satisfaction of stating that the list of new members, admitted by ballot, since the last annual meeting, has nearly equalled the number of original members. Our recruits have indeed been principally from the ranks of the law; but we are not without indications, that a more extended view of our object will shortly attract to us persons from other professions, callings, and stations, and that many distinguished members of the legislature will connect themselves with an institution, which, without encroaching on the functions of parliament, is calculated to facilitate its labours. Many of our senior members have manifested their willingness to open their stores of knowledge; and the juniors have shown no inconsiderable alacrity in taking advantage of their communications. We always looked forward to this combination as one of the many advantages of this society.

The list of our ordinary members has suffered little diminution-we have to congratulate ourselves on the removal of Mr. Justice Erle and Mr. Baron Platt from the number of ordinary, to that of honorary members, in consequence of their elevation to the bench; in which class also the Chief Baron of the Exchequer has been enrolled. We have, on the other hand, to regret the loss of some amiable and learned colleagues-the sudden death of Mr. Duval deprived the profession of a most learned member, and the cause of law reform (especially as regarding the laws of real property) of an effective advocate. By the no less sudden death of Mr. Commissioner Merivale, an amiable man, and very elegant scholar, was lost to society; nor can social intercourse be mentioned, without missing at once the good humour, wit, and spirit of Sir Charles Williams.

To this end, it becomes necessary to advert to the work already completed,—to that which is still in progress-and to the probability that some of our suggestions may be adopted by individual members of parliament, and that others may be deemed worthy of the notice of the government, and may thus ultimately obtain the sanction of the legislature. By the constitution of this society, the duty of preparing reports on various subjects, proposed in the first instance by any individual member, who will enter his doubts or suggestions in the Rough Journal, and then selected for reference by the council, devolves on the various committees of the society, in which committee every member is at liberty to enrol himself. Of these committees there were originally ten, several of which have been already in active operation, and have presented reports, marked by the learning, discrimination, research, and judgment, which might be expected from those who assisted in the debate of the subjects, or (which is yet more important) drew up the result of the deliberations.

One of the earliest of these reports was made by the parliamentary committee, to which it was referred "to consider the propriety of establishing a board for revising and settling public bills in parliament." This report, with the sanction of the society, was communicated by your president to Sir Robert Peel, as Prime Minister, as well as to the Lord Chancellor; and the council have reason to believe, that the recommendation is under the consideration of the government.

The importance of some such measure, as is here recommended, becomes more and more apparent in every session of parliament; as in every session, political and financial questions, and an overwhelming mass of business connected with public or private speculation, occupy more and more, and jurisprudential Consequent on the increase of members, the measures, less and less of the legislative attenCommittee of Management will have to report tion. We have seen that bills for the amendan improved state of your finances; and though ment of the law are usually postponed to so they are not yet sufficient to afford an extensive late a period, that lengthened discussion upon outlay in printing; without which, both the them becomes impossible; and that they are progress of our labours, and their publicity either hastily thrown out, or passed in so crude when completed, must be naturally impeded, we are not without hope, that a further improvement in our income may enable us to be more liberal in this branch, and that without the necessity of resorting to any appeal to the public for pecuniary assistance. On this head there has been some difference of opinion in our council; for while some members have contended, and with good reason, that for a public purpose of such permanent importance as the amendment of the law, we are well entitled to call on society for those contributions, which are always forthcoming in aid of objects of general utility; others have been unwilling to resort to this appeal, till they had exhausted their own resources; or at least till the amount

and imperfect a state, that a year seldom elapses before "An act to amend an act," or "An act to amend an act intituled an act to amend an act," bears testimony to the imperfection of our legislative machinery. Large views of law reform are but seldom taken-a patch here and a patch there, as insulated evils or inconveniences are occasionally discovered, is all that can be expected; and the maxim of Lord Bacon "that it is easier to change many things than one," seems to be utterly forgotten.

A responsible board for the preparation of bills would obviate much of this evil; and your council is the more anxious to press this upon your attention, and, through you, upon the attention of those with whom you are in

communication on such subjects, as they con- also presented valuable reports on the following sider it a main if not an indispensable condition reference: "Whether the appointment of new to all sound amendment. Neither is there so trustees should not vest the trust property in much novelty, as may at first appear, in this them, and whether the deed of conveyance or proposition. It has been a constant practice assignment might not be dispensed with." to issue commissions of inquiry on various The principle recommended in this report has subjects, deemed too extensive for the consider- been adopted in a bill introduced by the Lord ation of a parliamentary committee, and the Chancellor for regulating charitable trusts. reports of such commissions have been followed This committee has also presented reports on by bills in conformity or supposed conformity the following references: "Whether any faciliwith their recommendations; but as the com- ties can be adopted for appointing new trustees mission does not continue to follow the bills in cases in which there is no power in the inthrough their several stages of parliamentary progress, it often happens that a small and sometimes casual deviation from the original plan, totally alters the measure, and that so mischievously, that the supposed authors have felt it necessary to their reputation to repudiate the transformed or deformed offspring.

strument, or the power is defective or cannot be exercised;" and "Whether it be possible and expedient to adapt the machinery of the public funds to the transfer of real property:” and also on the draft of a bill for amending the Transfer of Property Act privately communicated to the committee.

and intricate question of commercial and general credit. With so large a field before them, we cannot be surprised that they have not yet come to the conclusion of their labours, Festina lente is never so sound a motto as when it relates to interference with the varying transactions of a great trading community.

In addition to the subjects on which reports have been presented, many other questions have been referred to the several committees, and are now under consideration, and in various stages of progress.

The committee on equity has been very The committee of the law of debtor and diligently engaged on the several matters re- creditor has had many meetings on the several ferred to them; and their labours have been subjects referred to them; subjects which infacilitated by the liberal use of his chambers, clude not only the whole law of bankruptcy afforded for their sittings by Mr. Spence; a and insolvency, but the yet more important similar accommodation has also been given by Mr. Koe to the debtor and creditor committee. The first report made by the Equity committee was on a reference, made to them in common with most of the other committees, "To consider the expediency of relieving the suitor from the expense of the judicial establishment and of placing this burthen on the general revenues of the country." We have to regret that no other committee has yet made a report on this subject; since it is one, which cannot well be debated on any single branch of judicature, without reference to its bearings on many The formation of a library has not proothers. The next report was on the reference ceeded as favourably as we anticipated; for to consider "whether any safe and effectual though a few members have presented their means can be adopted for the taking of the works, and some facility has been afforded us accounts of executors and administrators, and in obtaining parliamentary papers, we still fall the distribution of the personal estate of testa- short of even the beginning of such a collection tors and intestates in any case; so as to di- as the uses of the society would require. minish the expense, which is at present in- Your council have seen with great gratifica curred in attaining these objects." This re- tion the success of "the Law Review," a port, presented on the 11th instant, is still quarterly journal of jurisprudence commenced under the consideration of the society. We in November last, and which although not in therefore make no further comment on it than to say that it relates to a subject of every day's occurrence, and bears ample marks of the learning and diligence of those who have prepared it.

direct connection with the society, is supporting in an efficient manner, and with the co-operation of many distinguished persons as well members of this society as unconnected with it, many of the objects of this society.

The Common Law Committee have made a In conclusion, the council trust that the very elaborate and valuable report on the sub- society will agree with them, that considering ject of documentary evidence; it has met with the difficulties which were likely to beset an the approbation of the society, and its recom-association of this novel nature, it has met with mendations are already embodied in a bill now all due encouragement, and has already proved before parliament. itself competent to deal with the varied and important subjects which obviously come within its range.

We have the gratification of making a similar statement as to two reports of the Committee on the Law of Property. In pursuance of the The extent of its utility cannot, however, be recommendations contained in these reports, ascertained by a transient view. Various as are bills to facilitate the conveyance of real pro- the questions already before it; interesting as perty and the granting of leases, and for super- are the inquiries already instituted, important seding the necessity of assigning outstanding as are the objects already attained or within terms, have been introduced in the present session.

The Committee on the Law of Property has

reasonable hope of attainment, they fall infinitely short of the multiplicity of objects which the future may disclose to us. As inquiry proceeds,

A RETURN of all the Fees received by the Taxing Masters of the Court of Chancery since their Appointment, stating on what account received, and how applied or appropriated.

£3,564 0 0 7,018 15 8 24,010 17 11 20 19 6 2,807 10 3 37,422 S 4

The whole of the above fees so received have, under and by virtue of an act passed in the 5th and 6th years of the reign of her present Majesty, intituled, "An Act for Abolishing certain Offices in the High Court of Chancery in England," and of an order of the Court of Chancery made in pursuance of the said act, dated the 26th day of October 1842, been in each month paid in to the Bank of England, with the privity of the Accountant-General of the said court, to the account entitled "The Suitors' Fee Fund Account," save and except the sum of 6751. 18s. 7d., part thereof, which has been received since the 14th day of the said month of February, the last monthly day of payment in of the said fees, and which is now in the hands of the said taxing masters.

Taxing Masters' Offices,

March 7, 1844.

}

H. R. BAINES.
R. B. FOLLETT.
GEO. GATTY.

PHILIP MARTINEAU.
RICHARD MILLS.
JOHN WAINEWRIGHT.