Bucknill on Unsoundness of Mind.—Business of House of Commons.-Notes of Week. 445 COMMONS. soundness, in relation to responsibility for BUSINESS OF THE HOUSE OF criminal actions. It is, however, of much interest to the psychopathist, as furnishing another proof of the existence of insanity without delusion. "The following illustration is selected from Pritchard. dence of notices of motions without giving priority to Government orders, and that upon Thursday the 26th day of April next, and every alternate Thursday till the month of June next, the Government orders of the day shall take precedence of other orders of the day, and both shall have precedence of notices of motions; and that during the month of June It was resolved, on the 30th of March, that upon Thursday the 19th day of April next, A gentleman of large fortune, and every alternate Thursday, till the end of whose benevolence was proverbial, bore a cha- May next, orders of the day shall take preceracter above all reproach, with the exception of petty thefts committed in shops. This unfortunate disposition soon became known among the shopkeepers of the town in which he lived; when he entered their shops, the well-disposed would remove the smaller articles from the counter, or would keep so strict a watch upon him, that it was almost impossible for him to exercise his diseased propensity; if, however, he succeeded, the article stolen was directly returned by the family, and compensation made, if demanded. For the purpose of extorting next, and till the end of the Session, orders of money, some heartless persons would put arti- the day shall have precedence of notices of cles within his reach, and give him every op-motions upon Thursdays, and Government portunity to steal them. orders of the day shall have priority over other orders. "We are tempted to give one more illustration touchingly told in the following lines, from the Poem by Wordsworth, called The Two Thieves. "The one yet unbreeched is not three birthdays old, His grandsire that age more than thirty times told; There are ninety good seasons of foul and fair weather Between them, and both go a pilfering together. With chips is a carpenter strewing his floor? The pair sally forth hand in hand, ere the sun And yet into whatever sin they may fall NOTES OF THE WEEK. INDORSEMENT OF ORDERS ON COUNSEL'S THE Vice-Chancellor Sir R. T. Kindersley observed, on the 29th March, that he thought cision of any cases or any order being made, it so necessary and convenient that on the decounsel should have time properly to endorse their briefs, that he should not only permit, but request them to take time to do so, as it frequently happened that a hurried endorsement being made caused a lengthened discussion as to what order was actually made. TAXING COSTS ON MOTIONS FOR DECREES. Vice-Chancellor Wood, on the 9th March This child but half knows it, and that not at stated that, having had occasion to consider all. Neither checked by the rich nor the needy they roam, For the grey-headed sire has a daughter at home; Who will gladly repair all the damage that's done, And three, were it asked, would be rendered Old man, whom so oft I with pity have eyed, The Author has concisely and ably stated the principles of Medical Jurisprudence applicable to Insanity, and discussed most of the important State and other trials bearing thereon. the course which should be pursued by the Taxing Masters in taxing costs of the hearing of a cause on motion, in Crewdson v. Mitchell, after consulting with the other Judges, they had concurred in opinion that On motions for decrees the Taxing Master, in taxing the costs, should follow altogether the system of taxation on hearings on subpoena to hear judgment, and not that used on motions. His Honour adverted to the Lord Chancellor having decided as a matter of fiscal regulation, that the stamp is only that on a motion under the schedule of fees, and also to the circumstance that the solicitor's fee in attending Court Aring, is less than on a motion. on a ROLLS JUDGE'S CHAMBERS. Friday, and re-open on Wednesday the 11th 446 Superior Courts: Lord Chancellor.-Rolls. RECENT DECISIONS IN THE SUPERIOR COURTS. Lord Chancellor. In re Davenport Education Fund. March 28, 1855. CHARITABLE TRUSTS' ACT.-VESTING OR- his word and honour that she would be entitled to at least 10,000l. on the death of his wife and himself. It turned out, however, on that event taking place that she would only receive about 5,000l.: Held, that the testator's estate was liable for the difference. IT appeared that upon the contemplated marriage of the plaintiff and the testator's daughter, the latter had pledged his word and honour as an officer and a gentleman that she would be entitled to at least 10,000l. upon the death of his wife and himself, and that in the disposition of his property all his children should share alike. The marriage was thereupon solemnised; but upon the death of the testator in 1845, and his wife in 1852, it was found the plaintiff's wife was only entitled to about 5,000l. and to a small legacy under the will, and this bill was filed to render the estate liable for the deficiency in the amount so pro Held, that the Vice-Chancellor Wood had power, under the 16 & 17 Vict. c. 137, s. 28, to make an order on summons at Chambers vesting charity funds amounting to 3,000l. in the new trustees, appointed upon the death of one and the lunacy of another. In this case it appeared that the Vice-Chancellor Wood had settled a scheme for the administration of the above charity, and appointed two new trustees of its funds, which consisted of about 3,000l. consols, in the stead of a trustee who was deceased and of one who was a lunatic. The question arose, whether his Honour had power under the 13 & 14 Vict. c. 60, to make an order vesting the funds in the new trustees. J. Pearson, in support, referred to the 16 & 17 Vict. c. 137, s. 28, which enacts, that "where the appointment or removal of any trustee, or any other relief order or direction relating to any charity of which the gross annual income for the time being exceeds 301., shall be considered desirable, and such appointment, removal, or other relief order or direction might ed, and they were made pending negotiations now be made or given by the Court of Chan-between the marriage of his daughter and the cery in respect of its ordinary jurisdiction, or plaintiff, and were in the nature of the consiits special or statutory jurisdiction, or by the deration, and his estate was therefore liable. Lord Chancellor intrusted with the care and commitment of the custody of lunatics, it shall be lawful for any person authorised in this behalf by the order or certificate of the said board, or for the Attorney-General, to make application (without any information, bill, or petition) to the Master of the Rolls or one of the ViceChancellors sitting at Chambers, for such order, direction, or relief as the nature of the case may require; and the Master of the Rolls, or the Vice-Chancellor to whom any such application shall be made, shall and may proceed upon and dispose of such application in Cham bers, save where he may think fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions in relation to the matter of such application, as might now be exercised, made or given by the Court of Chancery or by the Lord Chancellor, intrusted as aforesaid, in a suit regularly instituted, or upon petition, as the case may require." The Lord Chancellor held, that the ViceChancellor had, under the section referred to, power to make the order. Master of the Rolls. Bold v. Hutchinson. March 12, 13, 1855. HUSBAND AND WIFE.-CONSIDERATION FOR MARRIAGE.-MAKING GOOD DEFICIENCY. Upon the marriage of the plaintiff and the testator's daughter, the latter had pledged mised. R. Palmer, Selwyn, and Freeling for the plaintiff; Rolt and Toller for the defendant. The Master of the Rolls said that the testator had made the promises and representaand with the intention they should be performtions in question in the belief of their truth, Sinclair v. Wilson. March 19, 20, 1855. DEEMING SECURITIES PLEDGED WITH- The plaintiff, the widow of a partner in a the chief clerk in Chambers, from which it THIS was an appeal from the decision of appeared that upon the death of Mr. Joseph Co., of Madras), his widow, the plaintiff, was Barrow (of the firm of Messrs. Barrow and entitled under his will to the ultimate interest in 3,000l., and that Mr. Wilson, one of the partners, was the principal trustee, and had paid the amount into the Madras bank in 1846, with the plaintiff's consent, to keep up the credit of the firm. The money was, however, afterwards withdrawn without the knowledge of the plaintiff, and was paid into the Oriental Superior Courts: Rolls.-V. C. Kindersley.-V. C. Wood. 447 Bank to secure certain bonds due from the Glasse and Bevir for the plaintiffs; Baily, firm. It appeared that the firm subsequently Bagshawe, Martindale, and Rogers for the demet with losses, and Mr. Wilson redeemed the fendants. Cur. ad. vult. bonds with the partnership assets, and on their The Vice-Chancellor said, that the section bankruptcy the assignees claimed the amount did not apply where the legatee did not attest on the ground that the redemption of the bonds the instrument giving him the legacy or beneconstituted a fraudulent preference. The chief ficial interest, and that the cases in question did clerk having decided in favour of the plaintiff's not come within the operation of the Statute. claim, this appeal was presented. R. Palmer, Kinglake, Cairns, Caillard, and Karslake for the several parties. Cur. ad. vult. The Master of the Rolls said, that the bonds in question were clearly the property of the plaintiff, independently of the firm, being held in trust for her by Mr. Wilson, and had been pledged to the Oriental Bank without her knowledge or consent, and the trustee in redeeming had no intention of acting fraudulently towards the creditors, but merely in justice and honour to his cestui que trust. The certificate of the chief clerk would, therefore, be affirmed, but without costs. Vice-Chancellor Kindersley. Gurney v. Gurney. March 29, 1855. SALE OF LEASEHOLDS, WHERE POWER TO TRUSTEES TO DEMISE. Where a testator shows an intention to preserve leasehold property in specie, e. g. by conferring a power on trustees for the time being to demise, lease, and take premiums, the Court will not direct a sale for the purpose of distribution. A QUESTION was also raised in this case whether leaseholds, the rents of which were given to certain parties, should be sold imme diately, for the purpose of distribution, the trustees for the time being empowered at any time to demise, lease, and take premiums. The Vice-Chancellor said, that the power showed an intention to preserve the property WILL AND CODICILS.-ATTESTATION.-EF-in specie and not to sell, although the general FECT OF S. 15 OF WILLS' ACT. A testator, by his will, gave inter alia a legacy to R. T., and the residue of his property in equal shares among his brothers and sisters for their several lives, and on their death their respective shares among their children. By two subsequent codicils, attested by R. T. and W. G. T. his nephew, he revoked certain legacies, giving others, but confirmed his will in other respects: On claim, held that the 7 Wm. 4, and 1 Vict. c. 26, s. 15, did not apply, by reason of the legacy to R. T. in the will being confirmed, or of the residue being increased by the revocation of the legacies given by the will, whereby the interest of W. G. T. was increased, -the section only applying where the attestation was to the instrument giving the legacy or the beneficial interest. It appeared in this claim that the testator, by his will, gave inter alia a legacy of 100%. to Mr. Richard Trye, and the residue of his property in equal shares among his brothers and sisters for their several lives, and on their death their respective shares among their children. By a subsequent codicil, he revoked certain legacies, but confirmed his will in other respects, and by a second codicil he gave other legacies and otherwise confirmed his will. These two codicils were attested by Mr. Trye and Mr. W. G. Temple, one of his nephews, and the question arose whether the 7 Wm. 4, and 1 Vict. c. 26, s. 15,' did not apply, as to Mr. Trye, in consequence of the confirmation of the will, and as to Mr. Temple, by reason of the revocation of the legacies increasing the residue. Which enacts, that "if any person shall attest the execution of any will to whom or to whose wife or husband any beneficial devise, legacy, estate, interest, gift, or appointment, of rule was, that where there was a gift to one for life with remainders over, and the property was of a wasting character, it should be sold, and the proceeds invested, and the interest paid to the tenant for life; but that when there was a fair indication, as in the present case, of the testator's intention, the Court would carry it out. Vice-Chancellor Wood. Savage v. Hutchison. March 10, 1855. AFFIDAVIT SWORN IN AMERICA.-JURAT.ERASURE. An affidavit, verifying a certificate of death, was sworn to at New York by a markswoman before a notary public, and the jurat was in the common form used in America, and stated that the affidavit had been read over to the deponent who made her mark thereto. There was also an erasure, not verified by the notary, in the recital of the certificate which was annexed as an exhibit: The affidavit was directed to be filed. THIS was an application for a direction on or affecting any real or personal estate (other than and except charges and directions for the payment of any debt or debts), shall be thereby given or made, such devise, legacy, estate, interest, gift, or appointment shall, so far only as concerns such person attesting the execu tion of such will, or the wife, or husband of such wife, or husband, be utterly null and such person, or any person claiming under void, and such person so attesting shall be admitted as a witness to prove the execution of such will, or to prove the validity or invalidity thereof, notwithstanding such devise, legacy, estate, interest, gift, or appointment mentioned in such will." 448 Superior Courts: Vice-Chancellor Wood.-Bankruptcy.-Insolvency. the Clerk of Records and Writs to file an affidavit in this cause verifying a certificate of death. It appeared that the affidavit was sworn at New York by a markswoman before a notary public, and that the jurat was in the common form used in America, and stated that the affidavit had been read over to the deponent who made her mark thereto.' It also appeared that there was an erasure, not verified by the notary, in the recital of the certificate, which was annexed to the affidavit as an exbibit. Rogers in support. It appeared that the insertions had been made on Tuesday, February 6, 13, 20, and 27, and that notice of the motion was given for Thursday, March 8, and the question was raised at the Registrars' Office whether the insertion in the Gazette should not have been at intervals of seven days up to the day for which notice of motion was given. Eddis in support. Cur, ad. vult. The Vice-Chancellor said, that the four weeks specified in the order must mean by intervals of seven consecutive days, and that The Vice-Chancellor granted the application. therefore the Court must be satisfied of the Bazalgette v. Lowe. March 28, 30, 1855. TAKING BILL PRO CONFESSO AGAINST AB- Notice of the plaintiff's intention to take a THIS was an application as to the construction of the 79th Order of May 8, 1845, which directs that, "in cases where any defendant who, under Order LXXVII., may be deemed to have absconded to avoid or to have refused to obey the process of the Court, has had an appearance entered for him under Orders XXIX., XXXI., or XXXIII., and has not afterwards appeared in person or by his own solicitor, the plaintiff may cause to be inserted in the London Gazette a notice that on a day in such notice named (being not less than four weeks after the first insertion of such notice in the London Gazette) the Court will be moved that the bill may be taken pro confesso against such defendant; and the plaintiff is, upon the hearing of such motion, to satisfy the Court that such defendant ought under the provisions of Order LXXVII. to be deemed to have absconded to avoid or to have refused to obey the process of the Court, and that such notice of motion has been inserted in the London Gazette at least once in every week from the time of the first insertion thereof up to the time for which the said notice is given; and the Court being so satisfied, and the answer not having been filed, may, if it so thinks fit, order the bill to be taken pro confesso against such defendant, either immediately or at such time or upon such further notice as under the circumstances of the case the Court may think proper." notice having been inserted in the Gazette Court of Bankruptcy. (Coram Mr. Commissioner Goulburn.) In re Digby. March 30, 1855. BOOKS KEPT AND BAD DEBTS INCAU- Where a bankrupt had kept no books, and had THIS was an application on behalf of a bankrupt, a miller at Birch, Essex, for his certificate, and to which it appeared there was no opposition. The Court, upon its appearing that the bankrupt had kept no books and had incautiously incurred bad debts, suspended the certificate (of the 3rd class) for six months from the date of the petition for adjudication. 1 The form commonly used is as follows:"Sworn, &c., the witness to the mark of the deponent having been first sworn that he had truly, distinctly, and audibly read over the contents of the above affidavit to the said deponent, and that he saw him make his mark thereto."-See Braithwaite's Oaths in Chan-cond petition. cery, p. 16. The Legal Observer, AND SOLICITORS' JOURNAL. Still attorneyed at your service.”—Shakespeare. SATURDAY, APRIL 14, 1855. THE TESTAMENTARY JURISDIC- PROVISIONS RELATING TO THE JUDGES, OFFICERS, AND PRACTITIONERS. We noticed last week the general scope of the proposed Reform in the Ecclesiastical Courts, and added a full report of the Solicitor-General's able speech in its support. The public questions having been thus stated, we may now, we trust, appropriately advert to several topics of professional interest, comprised in the measure. During the temporary or occasional absence of the Judge, it shall be lawful for the Lord Chancellor to direct that the Master of the Rolls, if he shall consent thereto, or any of the Vice-Chancellors, shall act as Judge of the Court; s. 9. It shall also be lawful for the Lord Chan cellor to direct that during the temporary or occasional absence of the Master of the Rolls, or any of the. Vice-Chancellors, the Judge of the Court shall act as a Judge of the High Court of Chancery; s. 10. shall have the same powers and privileges, as The Judge to be appointed under this Act well in the Testamentary Court as in the Court Having been favoured with a copy of the of Chancery, and shall be subject to the same proposed Bill, we are enabled to examine the provisions, duties, and observances, as the various details of the measure, and in subse- Vice-Chancellors appointed under an Act 5 quent pages have given an analysis of all the clauses. In this place, we propose to cite somewhat fully the arrangements relating to the Judges, Officers, and Practitioners of the new Court. Vict. c. 5, and he shall have rank and precedence next after the Vice-Chancellors; s. 11. Officers of the Judge. He shall have a secretary, usher, and trainbearer, to be from time to time appointed and removed by him at his pleasure; and the secretaries, registrars, and other officers of the Court of Chancery appointed to attend the Lord Chancellor, and the principal registrar, registrars, and other officers of the Testamen The constitution and jurisdiction of the Court and its testamentary office,-the mode of proceeding, the custody of wills,-the grant of probates and administrations,-the trial of disputed questions,-the appoint- tary Court appointed under the provisions of ment of real representatives,—the limita- this Act, shall attend such Judge when sitting tion of the times of proceeding.-and the in Court or in Chambers, as circumstances regulation of fees and stamps, shall be no- shall require, and as the Lord Chancellor shall ticed hereafter. We select for the present order or direct; s. 12. the various provisions regarding the ap tiring Pension. pointment of the Judges and Officers, the Salaries of the Judge and his Officers, and reAdvocates, Proctors, and Solicitors of the Court, the Proctors and their compensations. 1st. The Judge. It shall be lawful for her Majesty to appoint, by letters patent under the Great Seal of the United Kingdom, a fit and proper person, being or having been a barrister-at-law of 15 years standing at the least, or an advocate of the Court of Arches of 10 years standing at the least, to be the Judge of the Court; s. 8. VOL. XLIX. No. 1,414. of his secretary, usher, and trainbearer, shall The salary of such Judge, and the salaries be of the same amounts, and paid out of the same funds, and in like manner as the salaries of the Vice-Chancellors appointed under the 5 Vict. c. 5, their secretaries, ushers, and trainbearers are now payable; s. 13. It shall be lawful for her Majesty, by letters patent under the Great Seal of the United Kingdom, to grant to such Judge on his re B B |