500 Review: Wills's Vestryman's Guide.—Chancery Queen's Counsel. justices of the peace, generally. 3. Of the. "The poor-rate books, however, ought to like, against Quakers. 9th. Of Select Vestries. 10th. Of the refusal of the vestry to make a rate. 11th. Of the means of testing the validity of a rate. The Appendix comprises the principal Statutes and Extracts from Judgments of the Court of Queen's Bench relating to Prohibition. In the section on Vestry Clerks, Mr. Wills thus defines their duties, office, and emoluments; and which we extract as applicable to many of our readers :— "The minutes are usually kept by an officer termed the vestry clerk, appointed and paid by the vestry. The office is entirely at the pleasure of the vestry; and there could be no binding agreement on their part that the office should be annual, or of any other particular kind, because the next vestry might revoke the appointment. There is, consequently, no salary annexed to the situation; the remuneration must depend upon the vote of each successive vestry. The vestry clerk is usually the keeper of the parish books and papers; for which he may, perhaps, have an action of detinue or trover, though this is not certain; and the Court has refused a mandamus, either for the purpose of admitting him to his office, or to compel a churchwarden to deliver the papers and books of the parish to him. It would, however, probably be granted as against a tranger. The Court will not compel the vestry clerk to allow another person to see, or take copies from, documents, in the parish chest, for any but parochial purposes. And where a defendant, in an action for libel, applied for a mandamus to enable him to do so, in order to justify in the action, his application was refused; but if the vestry-book or any other document be called for by subpoena at a trial in the usual way, the clerk cannot refuse to produce it on the ground that it might criminate himself.s "Rex v. Croydon, 5 T. R. 713. 2 Ibid. "Anon., 2 Chitt. Rep. 255. If they be longed to him, as annexed to his office.' Lord Ellenborough, C. J. "4 Rex v. Croydon, 5 T. R. 513. " Anon., 2 Chitt. Rep. 255. 666 May v. Gwynne, 4 B. & Ald. 301, 302, Abbott, C. J.; Rex v. Croydon, 5 T. R. 514. " May v. Gwynne, 4 B. & Ald. 301. 668 Bradshaw v. Murphy, 7 C. & P. 612. The right exists, however, in respect of matters really parochial; e. g., to inspect the minutes of the vestry at which the rate was made, when called upon to pay the rate; and the right may be enforced by mandamus. Mr. Prideaux, 6th Ed., p. 149, citing Reg. v. Stepney, 11 J. P. 420. Where a ratepayer applied to inspect be produced at a poll, in order to show how CHANCERY QUEEN'S COUNSEL. COURTS IN WHICH THEY PRACTISE. ་་ THE following arrangement has been made as to the Courts in which the Queen's Counsel will practise : Master of the Rolls. Vice-Chancellor Kindersley. Vice-Chancellor Stuart. C. Temple, Esq. Vice-Chancellor Wood. parish books kept under a local act, which was silent as to inspection, the Court, though it had no power to grant the mandamus, observed, that it was wrong to withhold the books from any respectable persons claiming as the applicant did, and that the vestrymen were not intended to have a political advantage; and discharged the rule without costs. Rer v. St. Marylebone, 5 A. & E. 268, 276. "Reg v. Lambeth, E. T. 1839, of which a note is given by Mr. Prideaux, 6th Ed. p. 92, n. (c). "Rex v. Vicar of Wakefield, 7 L. T. 227, 10 J. P. 386, cited by Mr. Prideaux, p. 92, n. (c). See ante, p. 45. As to the appointment and duties of the vestry clerk under 13 & 14 Vict. c. 57, see that act in the Appendix (sects. 6-8)." Criminal Law.-Administration of Oaths in Chancery. 501 4. That in addition to such regular force, a reserve force ought to be maintained of persons with moderate pay, to be called out for a short time yearly in order to be inspected and trained, and to be bound to serve when required by the magistrate. 5. That a sufficient number of stipendiary magistrates should be appointed in the other towns of considerable size, with the powers and duties of those appointed for London and Middlesex, so far as these powers and duties relate to the examination and commitment of persons charged with offences, and to the criminal jurisdiction vested in them. 6. That the prosecution of offenders should be intrusted to an officer appointed by the Government, with such number of subordinate officers as may be required for conducting prosecutions in the counties and larger towns; but that until such a measure can be adopted, it is expedient to appoint Barristers who shall advise upon and conduct the prosecutions in the Central Criminal Court, and the Courts of Quarter Session of Middlesex and Surrey. 7. That the Public Prosecutor should in all the graver cases, as the pleas of the Crown and forgery, proceed by Bill before the grand jury; but in other cases should at his discretion be allowed to proceed upon commitment by a stipendiary magistrate, without any bill found. united for the purposes of trial, and that persons may be tried at the option of the Public Prosecutor either in the district where the offence is alleged to have been committed or in an adjoining district. 10. That the same criminal jurisdiction should be given to Judges of the County Courts as is at present possessed by the Quarter Sessions of the Peace, that this jurisdiction should extend over the district subject to their civil jurisdiction, and that the justices of every county may be relieved from the obligation to hold sessions oftener than four times a year whensoever it shall appear that beside those four sessions and the assizes there is sufficient number of County Court Criminal Sittings to give two Criminal Courts monthly in the district. 11. That a reasonable sum for trouble and expenses should be allowed to all persons summoned to attend as petty jurors on any crimi nal trial. 12. That the costs of every person tried and acquitted or discharged for want of prosecution should be paid out of the county rates, on certificate of the Court before whom he was tried or brought for trial, or of the magistrate by whom he was discharged. 13. That in all prisons arrangements should, as far as possible, be made, not only for separating the untried from the convicted, but classes. for separating different prisoners of both 14. That imprisonment should as far as possible, be accompanied with the means of giving work to those who are willing to work, and whether untried or sentenced to imprisonment without hard labour; that all the earnings of the untried should belong to them, and to the convicts a portion upon their discharge. 15. That a discretion should be vested in the governors, chaplains, and other superintendents of gaols of improving the diet of convicts according to their demeanour and industry. 16. That, subject to the control of the superintendents, with the advice and consent of the chaplain, prisoners may be employed as assistant teachers in the prison. ADMINISTRATION OF OATHS IN CHANCERY. WE observe that a clause has been introduced into the Bill for the "Despatch of Business in Chancery," restricting the power of administering oaths by Solicitors to their own places of business, except in cases of the sickness of the deponent, and for the attendance on whom a fee of 10s. is to be allowed. We know not that the Solicitors can per 502 Oaths in Chancery.-Professional Lists.-Admission of Solicitors.-Notes of Week. sonally object to this alteration, for at present. they receive only 1s. 6d. whether the oath be taken at their own offices or elsewhere within 10 miles; but we think it is a mistake to in ADMISSION OF SOLICITORS. THE Master of the Rolls has appointed the 8th of May, 1855, at the Rolls Court, Chancery Lane, at four in the afternoon, for swearing Solicitors. Every person being desirous of being sworn on the above day must leave his Common Law Admission or his Certificate of Practice for the current year at the Secretary's Office, Rolls Yard, Chancery Lane, on or before Monday, the 7th day of May, 1855. NOTES OF THE WEEK. troduce this clause into a Bill for the despatch of business the proposed enactment will impede it in many cases. Members of the Government, persons of high rank, ladies, aged persons, eminent bankers, merchants, and others (though not sick) were much accommodated by being able to swear to answers or affidavits at their own residences. There may, indeed, be deponents who are willing to testify to important facts, if called upon at home, and yet are disinclined to go out of their way. This COUNTY COURT COMMISSIONERS' REPort. proposed enactment, therefore, will occasion THE First Report of the County Court delay and inconvenience, and will, no doubt, Commissioners has just been printed. Nube opposed. The law which it is thus pro-merous alterations are proposed, to which we posed to alter was well considered on an appeal shall speedily call the attention of our readers. regarding the construction of the Act be- A Second Report appears to be contemplated, fore the Lord Chancellor and Lord Justice and we presume no Bill will be introduced, until the whole matter has been laid before Turner, and we are not aware that any incon- Parliament. venience has arisen from the existing practice, to justify the alteration. PROFESSIONAL LISTS. DISSOLUTIONS OF PROFESSIONAL PART NERSHIPS. From 27th March, to April 20th, 1855, both inclusive, with dates when gazetted. Crowdy, Henry Crowdy, and Richard Berens Bradford Hawkins, Highworth, Attorneys, Solicitors, and Conveyancers. April 10. Josselyn, George, and Sterling Westhorp, Ipswich, Attorneys and Solicitors. April 6. Meynell, Gerard Coke, and Edward Arthur Copleston, 3, St. Martin's Place, Attorneys and Solicitors. April 17. Newton, William, and Worthington Thomas Gylby, jun., East Retford, Attorneys and Solicitors. April 13. Powell, Edward Lloyd, and Cornelius Lloyd, Abergavenny, Attorneys and Solicitors. March 27. Shoubridge, Charles John, and Thomas Charlesworth Bramley, 3, Bedford Row, Holborn, Attorneys and Solicitors. April 10. Smith, George, and William Compton Smith, 5, Southampton Buildings, Chancery Lane, Attorneys and Solicitors. April 13. Stenning, George, and Edward Carnell, Tonbridge, Attorneys and Solicitors. April 17. Stone, George, and Henry Scott Turner, 42, Jermyn Street, St. James's, Attorneys and Solicitors. April 13. Waugh, George, and Henry Sadler Mitchell, 5, Great James Street, Bedford Row. Attorneys and Solicitors. March 27. SELECT COMMITTEE ON BILLS OF EX- Sir Erskine Perry. Mr. Keating, Q.C. Mr. Hankey. The first eight, it will be observed, are lawyers. The Committee have already met, and are proceeding without delay. They have power to call for the attendance of witnesses and the production of documents. NEW MEMBERS OF PARLIAMENT. Edmund Antrobus, jun., Esq., for Wilton, in the room of Charles Henry Wyndham A'Court, Esq., who has accepted the office of a Special Commissioner of Property and Income Tax. Joseph Christopher Ewart, Esq., for Liverpool, in the room of the Honourable Henry Thomas Liddell, now Lord Ravensworth, summoned to the House of Peers. Robert Burrowes, Esq., for Cavan County, in the room of the Right Hon. Sir John Young, Bart., who has accepted the office of Lord High Commissioner of the Ionian Islands. Notes of the Week.-Superior Courts: Lords Justices. LAW APPOINTMENTS. 503 and thus abolishing the former exemption Mr. Underwood French and Mr. Alton from stamp duties on such drafts or orders Francis Owen were, on the 16th April, admit- within 15 miles of the place where the same ted as Proctors of the Arches' Court, by virtue are issued. It does not appear that the penny of rescripts from his Grace the Archbishop of stamp will operate as a receipt stamp. Canterbury. Mr. John Marriott Davenport, Solicitor, of Oxford, has been appointed Secretary to the Bishop of that city, in the room of Mr. John Burder, deceased. It is said Professor Machonocie has resigned the Chair of Civil Law in the University of Glasgow, and that Sheriff Skene (Lanarkshire) has received the appointment of the Crown to that office, and that William Steele, Esq., Writer, will be the successor of Sheriff Skene. -North British Daily Mail. Mr. Wilfred Tate has been appointed Assistant Clerk at Bow Street Police Office.Observer. LAW PRIZE BY SOLICITORS OF EDINBURGH. The Society of Solicitors before the Supreme Courts having liberally offered to the Students of the Scottish Law Class a prize of the value of ten guineas for the best essay on the law of stoppage in transitu, this prize has been adjudged to Mr. William J. Easton, of Perthshire. The Straton prize for the best essay on the law of mandate or agency was awarded to Mr. Robert Mailer, of Perthshire; and the prize for the best written answers to questions dictated in the class room was awarded to Mr. John Stirling Henry, of Kirriemuir. STAMPS ON BANKERS' DRAFTS. A BILL has been introduced for granting stamp duties on all drafts or orders for the payment of money to the bearer on demand, INCREASE OF INCOME TAX. It is now proposed to increase the Income Tax at the rate of an additional 2d. in the pound, to be calculated from the 5th April last. Incomes above 150l. will then be charged, if the Bill should pass, at 1s. 4d. for every 20s., or 6l. 13s. 4d. per cent. PRINTING COMMON LAW PLEADINGS. The Court of Exchequer being occupied on the 25th with Cases out of the Special Paper, involving technical matter, Mr. Baron Martin suggested, that it would be a great improvement if the paper books delivered to the Judges were to be lithographed or printed, as the prothe present practice, each attorney, in a case ceedings in Chancery now were. According to set down for argument, delivers in two copies of the case or pleadings, called Paper Books, and which, by being differently paged, caused infinite trouble to the Bench in their attempt to follow the quotations of counsel.—From the Morning Post. ADMISSION LAST DAY OF EASTER TERM. Conduit Street; and Moor St., Chelsea; arSelby, James A., 14, East Street, Lamb's ticled to Mr. T. Selby, West Malling. ADDITIONAL APPLICATION TO TAKE OUT CERTIFICATE. 9th May, 1855. Bennett, William Henry, 14, Furnival's Inn; and Sydenham. 504 Superior Courts: Lords Justices.-Rolls.-V. C. Kindersley. the operation of the Statute of Limitations to deal with the property, although such prounder the 9 Geo. 4, c. 14, s. 1: On ap- duction was not ancillary to other relief. But peal, held insufficient, and the order of the as it appeared the title of Lord Huntingtower Court below was varied accordingly, and to the first and second estates was not clear, an account was directed. his mortgagee was not entitled to a production; and in respect of the other, production had not been refused, and the plaintiff must pay the costs up to the hearing. THIS was an appeal from the decision of Vice-Chancellor Stuart (reported p. 245, ante.) It appeared that the testator having had various dealings with a Mr. Robinson in respect of building transactions, had in September, 1845, signed the following memorandum :-" It is agreed that Mr. Robinson, in his general account, shall give credit to Dr. Hughes for 1741., being for bricks delivered to the trustees of Park Place Chapel, Toxteth Park, in 1834." The Vice-Chancellor having allowed exceptions to the Master's report that this memorandum was insufficient to prevent the operation of the Statute of Limitations, this appeal was presented. Worthington v. Wigginton. April 21, 1855. ELECTION.-RECEIPT OF RENTS.-WILL A testator gave his wife a life interest in certain houses, and in a sum of consols which he had previously purchased in the names of her and himself. It appeared the wife had received the rents of the houses until her death Held, that she had thereby elected to take under the will. It appeared that the testator had transferred By the 9 Geo. 4, c. 14, s. 1, it is enacted, a sum of consols into the names of himself and that "in actions of debt, or upon the case his wife, and that by his will he afterwards grounded upon any simple contract, no ac-gave certain houses and the consols, together knowledgment or promise by words only shall with all money in the funds to his wife for life, be deemed sufficient evidence of a new or con- then to his daughter for Efe, and if she died tinuing contract, whereby to take any case out without children, to the plaintiff. It appeared of the operation of the said enactments, or that the wife had during her life received the either of them, or to deprive any party of the rents of the houses, and the question now benefit thereof, unless such acknowledgment arose, upon exception to the Master's report, or promise shall be made or contained by or in whether she had thereby elected to take under some writing, to be signed by the party charge- the will. able thereby." Amphlett and Rose in support of the appeal; Wigram and C. Hall, contrà. The Lords Justices said, that the memorandum did not take the case out of the Statute, and varied the Vice-Chancellor's order accordingly, and directed accounts to be taken. Rolls Court. Davies v. Earl of Dysart. March 8; April PRODUCTION OF DEEDS BY TENANT FOR Held, that a party entitled to a vested in- THIS bill was filed by the mortgagee from Lord Huntingtower, who claimed to be entitled in remainder, against the tenant for life, for the production of the title-deeds relating to the estates. It appeared that the defendant was tenant for life of three estates, and the production in respect of two was refused, on the ground that Lord Huntingtower was not entitled. R. Palmer and Jessel for the plaintiff; Lloyd and Tripp for the defendant. The Master of the Rolls said, that a party entitled to a vested remainder might compel a production by the tenant for life, to enable him The Master of the Rolls said, that she had elected to take under the will, and the exception was therefore allowed. Vice-Chancellor Kindersley. RE-ISSUE OF ORDER DISMISSING BILL FOR W. W. Cooper in support, cited Lawrence v. |