コ

No. 25, NEW SERIES.-Vol. I.

No. 964, OLD SERIES.-Vol. XIX.

JUNE 30, 1855.

PRICE 18.

SOLICITORS' & GENERAL LIFE ASSURANCE SOCIETY,

52, CHANCERY LANE, LONDON.

SUBSCRIBED CAPITAL, ONE MILLION.

The attention of the Profession is invited to the advantages offered by this Office to Solicitors and their Clients, which will be found to be greater than in most other Life Offices.

ADVANTAGES TO THE ASSURED.

1. Four-fifths of the Profits are divided triennially amongst the Assured.

In some Offices the Assured may not be entitled to a Bonus until the expiration of ten years from the time of effecting the Policy, whilst in this Office three years is the utmost limit.

2. At the first division of Profits in May, 1853, a Reversionary Bonus, averaging 451. per cent., was declared on all Participating Policies. In some cases the Bonus exceeded 617. per cent. on the premiums paid.

On reference to the Prospectuses of some of the principal Offices, it will be found that the Bonus on their first division was much less, viz. 291. per cent.

3. The next division of Profits will be declared in May, 1856, when all Policies effected in 1855 will participate.

In most Offices Assurers do not participate in the Profits until after payment of from three to five annual premiums, but in this Office they may participate on payment of a single premium.

WANTED, by the Advertiser, (aged 28), a RE-ENGAGE

TO SOLICITORS, &c.

MENT as COMMON LAW or COMMON LAW and GENERAL PARTRIDGE & COZENS, Law and General Stationers,

MANAGING CLERK. References first rate. Salary required, about 1301. per annum. Address S. S., Mr. Ockerby's, Law Stationer, 16, Castlestreet, Holborn.

beg to inform the Profession that they will REMOVE into their NEW WAREHOUSES, No. 1, Chancery-lane, and 192, Fleet-street, on or about the 1st July next, with the largest, cheapest, and best-assorted

LAW.-WANTED, in a City Office, a CLERK, fully Stock of Office Papers, &c. in the Trade.

competent to take the management of the Common Law and to assist in the Chancery department, with or without the Principal's assistance. None who have been articled need apply. Address, stating age, salary expected, and full particulars, to S. W., care of Mr. Blenkarn, 29, Bell-yard, Lincoln's-inn.

PAPER-The cheapest, largest, and best assorted Stock,

suitable for the use of the Legal Profession, will be found at MATTHEWS & DREW'S, Paper Manufacturers and Stationers to the High Court of Chancery, 38, High Holborn, opposite Chancery-lane. -Samples, with prices, will be forwarded on application, and orders to the amount of 21. carriage-free to the country.

THE LONDON AND WESTMINSTER BANK issues

CIRCULAR NOTES of 101. each, for Travellers on the Continent. They are payable at every important place in Europe, and thus enable the Traveller to vary his route without inconvenience. No expense is incurred, and when cashed no charge is made for commission. They may be obtained at the Bank, Lothbury, or at any of the Branches, viz.

Westminster Branch, 1, St. James's-square.
Bloomsbury ditto, 214, High Holborn.
Southwark ditto, 3, Wellington-street, Borough.
Eastern ditto, 87, High-street, Whitechapel.

Marylebone ditto, 4, Stratford-place, Oxford-street.
Temple-bar ditto,

LONDON AND

211, Strand.

J. W. GILBART, General Manager.
WESTMINSTER

BANK. The
TEMPLE-BAR BRANCH of this Bank was OPENED on
Friday, the 15th instant, at the Temporary Offices, No. 211, Strand.
The Capital of the Bank is 5,000,000l. sterling, in 50,000 shares of
100%, each. The sum of 201. has been paid on each share, so that the
paid-up capital is 1,000,000l. sterling.

The Bank has above twelve hundred partners, whose names are registered at the Stamp Office, and are printed with the Annual Report of the Directors.

Current Accounts are received on the same principles as those observed by the London bankers.

Sums from 104. upwards are received upon interest. For these sums receipts are granted, called deposit receipts.

Circular Notes are issued for the use of travellers on the Continent.
J. W. GILBART, General Manager.

Lothbury, June 19, 1855.

No. 25, VOL. I., NEW SERIES.

U

NION

BANK O F

LONDON.

The Directors of the Union Bank of London have resolved to ESTABLISH a BRANCH BANK near Temple-bar, and have taken temporary premises at No. 200, Fleet-street, where BUSINESS will be COMMENCED on MONDAY, the 2nd of July.

U

ΝΙΟΝ

W. W. SCRIMGEOUR, General Manager.

BANK OF LONDON.
Principal Office-2, Princes-street. Mansion-house.
Regent-street Branch Office-Argyll-place.
Charing-cross Branch Office-4, Pall-mall East.
Temple-bar Branch Temporary Office-200, Fleet-street.

The Capital of the Bank is 3,000,000l. sterling, in 60,000 shares of 50%. each, (on which 101. has been paid), held by upwards of 750 Proprietors, whose names are published periodically.

TERMS.

CURRENT ACCOUNTS.-These will be made up to the 30th of June and 31st of December in each year, and if the balance shall not at any time during the half year have been below 500., interest at the rate of 21. per cent. will be allowed on the minimum monthly balances. If not below 2001., interest at the rate of 11. per cent. will be allowed on the minimum monthly balances; but if below 2001., no interest will be allowed.

DEPOSIT ACCOUNTS.-The rate of interest allowed on money placed on deposit at ten days' notice (whether by customers or the public generally) will be 17. per cent. under the Bank of England rate of discount for first-class bills, rising and falling therewith, but the maximum not to exceed 57. per cent. Receipts for the sums so deposited will be granted, or, for the convenience of depositors going abroad, bills or promissory notes, if at not less than six months' date, including interest. till maturity, will be issued.

GENERAL BUSINESS.
The Agency of Country and Foreign Banks, whether Joint Stock of

First Report of the County Courts Commission...... 260
NAMES OF THE CASES REPORTED.

COURT OF APPEAL IN CHANCERY.
By F. FISHER, Barrister at Law.

Lord Kensington v. Bouverie.-(Mortgage-Redemp-
tion-Tenant for life-Deficiency of rents to pay
interest or charges)

577

581

583

584

1 & 2 Vict. c. 110-Decree registered, effect of).. 585
COURT OF QUEEN'S BENCH.

By G. J. P. SMITH and W. B. BRETT, Barristers at Law.
Reg. v. The Inhabitants of Hartington Middle Quarter.
-(Judgment—Estoppel-Settlement ·

Order of

THE JURIST.

LONDON, JUNE 30, 1855.

Our last synopsis of cases decided by the Court of Criminal Appeal will be found in 18 Jur., part 2, p. 65. We now proceed to place before our readers a review of the cases decided in the interval, believing that it will be found useful at this time, when the sessions and assizes are approaching.

COURT OF QUEEN'S BENCH-(continued). removal unappealed against—Order for removal of children-Appeal against order adjudging settlement of mother)

586

590

Brook v. Chaplin.-(Insolvent debtor-Order for pro-
tection-Statement of debt in schedule-Judgment
on warrant of attorney—5 & 6 Vict. c. 116-7 & 8
Vict. c. 96, 88. 21, 22, 30).
Reg. v. Newton.-(Misdemeanour-Writ of error-
Fiat of Attorney-General-Contradiction of re-
cord-Offence out of jurisdiction of Court)... 591
Reg. v. Seale.-(Quo warranto-Burgess—Error-
Common-law Procedure Act, 1852, (15 & 16 Vict.
c. 76), 88. 148, 149).
Livingston v. Ralli.-(Contract of sale-Agreement to
refer any difference-Action for refusing to refer
-What is a difference)

COURT OF COMMON PLEAS.

By W. PATERSON and W. MILLS, Barristers at Law. Coleman v. Riches.-(Principal and agent-Liability of principal for false representation by agent — Authority of agent).

Alexander v. Alexander.-(Will-Construction-Contingent remainder)

COURT OF EXCHEQUER.

By W. M. BEST, Barrister at Law.

593

594

596

598

May v. Hawkins.-(14 & 15 Vict. c. 99, 88. 2, 3-
17 & 18 Vict. c. 125, ss. 51, 52 Questions tend-
ing to forfeiture — Interrogatories to parties-
Affidavit of cause of action-Affidavit of merits)., 600

money on account of his master. The following is an instance: The prisoner was employed to superintend the grinding of corn at the mill of a county gaol. He had no right to grind any corn except such as was brought to him with a ticket, and had no leave to grind any grain for his private benefit. In breach of his duty, however, he did grind certain corn without a ticket, and received money for it, and appropriated it to his own use. The Court held that this was not receiving money on account of his masters, but an improper use of the machinery intrusted to him. (Reg. v. Harris, 18 Jur., part 1, p. 408).

Concealment of Birth.]—The dead body of a child was placed by the prisoner under the bolster of the bed in which she was lying, with the intention of endeavour- In Reg. v. Gibbs (1 Jur., N. S., part 1, p. 118) the ing to conceal the body from the surgeon, but intend-point decided was upon the relation of master and sering afterwards to remove it to some other place; and it vant. The prisoner was a carrier, employed only bewas held (Pollock, C. B., dissentiente) that this was a tween certain glove sewers and the manufacturers in sufficient disposing of the body to support a conviction, carrying the gloves from the one to the other, and under the 9 Geo. 4, c. 31, s. 14, for concealing the birth receiving the money for the work, and paying it to of the child. (Reg. v. Perry, 1 Jur., N. S., part 1, p. 408). the glove sewers, after deducting his charge. He apConspiracy.]-In Reg. v. Carlisle and Another (18 propriated some of the money so received, and was Jur., part 1, p. 386) it has been decided that where indicted for embezzlement but it was held that he two persons, acting in concert, make false and fraudu- could not be considered the servant of the persons delent representations to a creditor of one of them, and frauded. He was bailee of the money, and therefore thereby induced him to forego part of his claim, they his offence amounted only to a breach of trust. may be convicted of conspiracy. The following were Evidence.]-See Practice. the facts:-B. had purchased a mare of the prosecutor False Pretences.]-A case, (Reg. v. Eagleton), infor 391. upon credit. B. and C. subsequently conspired volving most important points, has been fully argued to give a false account of the mare's soundness, and before all the judges, and is now standing over for thereby induced the prosecutor to take 271. in satisfac-judgment. The defendant, a baker, was under a contion of his claim. It was contended for the prisoners tract to supply the poor of a union with loaves of that the indictment could not be sustained, inasmuch bread of a certain weight. He supplied loaves deas the right of the prosecutor to his full claim was not ficient in weight, and made a return to the relieving altered, acceptance of the smaller sum being no satis-officer of the number of loaves he had supplied. The faction of the larger; and therefore it could not be said that he was cheated or defrauded.

Embezzlement.]---Nice points frequently arise upon the question as to whether a servant has received

question is, whether this is obtaining money by false pretences, and the judgment is anxiously looked for, inasmuch as it will probably go far towards settling what amounts to an offence within the statute.

Maliciously cutting Trees.]-Upon an indictment under the 7 & 8 Geo. 4, c. 29, s. 58, for maliciously damaging growing trees, and doing injury to an amount A purse, with money in it, was left by a purchaser exceeding 5l., it was proved that the actual injury to upon the prisoner's stall. It was pointed out to her the trees amounted to only 17., but that the repairs to by a third person, and she then put it in her pocket, the hedge in which they stood would bring up the and afterwards concealed it. When the owner re- amount to over 51. The latter being only consequenturned, she denied all knowledge of the purse. The tial damage, the Court held that the indictment was

1855.

not supported. (Reg. v. Whiteman and Another, 18 that it would have been highly dangerous for the witJur., part 1, p. 434).

Practice.-It is no ground for arrest of judgment after conviction for a felony, that the indictment also contains a count for a misdemeanour. (Reg. v. Ferguson, 1 Jur., N. S., part 1, p. 73).

Some useful practice points have been decided in Reg. v. Larkin, (18 Jur., part 1, p. 539). A count for receiving stolen goods alleged that the prisoner received the goods of A. B., "he, the said A. B., then knowing them to have been stolen;" and it was held that the count was bad; that the objection was properly taken by motion in arrest of judgment after verdict; that the indictment was not amendable after verdict; and the amendment having been made by the Court below, the Court of Criminal Appeal ordered the record to be restored to its original state, and quashed the conviction. The Court expressed an opinion that the prisoner might be indicted again for the receiving, though not for the stealing. Alderson, B., reprobated the practice of setting out all the preliminary proceedings not material to the real questions to be raised. He suggested that the cases should be settled by the counsel.

ness to remain. While the trial was going on, the
witness was travelling home. The construction thus
put upon the words "unable to travel" is, not able to
travel to the place at and in which the witness is to
give evidence. In Reg. v. Beeston (18 Jur., part 1,
p. 1058) the prisoner was committed upon a charge of
feloniously wounding A. A. died, and it was held
that A.'s deposition, taken before the committing ma-
gistrate, was properly received in evidence upon a trial
for the murder. The admissibility of such evidence de-
pends upon whether or not the prisoner, when before
the magistrate, had a full opportunity for cross-exa-
mining the witness, and it is not necessary that the two
charges should be identically the same.
The deposi-
tion would have been good evidence before the statute,
which makes no alteration in this respect.

If one prisoner calls a witness whose evidence tends to criminate a fellow-prisoner, the counsel of the latter has a right to cross-examine the witness, and address the jury upon his evidence. (Reg. v. Luck and Others, 1 Jur., N. S., part 1, p. 119).

Upon an indictment for uttering a counterfeit halfcrown, evidence of a subsequent uttering of a counterfeit shilling is admissible to prove guilty knowledge. (Reg. v. Foster, 1 Jur., N. S., part 1, p. 407).

Rape.]-The prisoner had connexion with a married woman, she supposing he was her husband. It was held, upon the authority of Rex v. Jackson, (Russ. & C. C. 487), that this did not amount to rape. (Reg. v. Clarke, 18 Jur., part 1, p. 1059).

from the thief and restored to the owner, who then
Receiving Stolen Goods.]-Stolen goods were taken
returned them to the thief, and sent him to dispose of
them where he had sold others. The thief went to D.
and sold the articles to him. A conviction against D.
for receiving was quashed. (Reg. v. Dolan, 1 Jur.,
N. S., part 1, p. 72). In the above case Reg. v. Lyons
(Car. & M. 217) was cited, but the learned judges
thought that case could not be supported.
To constitute a felonious receipt of stolen goods,
manual possession is not necessary, but it is sufficient
if the goods are under the control of the person charged
with the knowledge that they have been stolen. Upon
that if they believed the prisoner knew the watch had
an indictment for receiving a watch, the jury were told
been stolen, and that if they believed it was in the cus-
tody of a person with the cognisance of the prisoner,
that person being one over whom the prisoner had abso-
lute control, or that the watch would be forthcoming
if the prisoner ordered it, this direction was held to
be quite proper. (Reg. v. Smith, 1 Jur., N. S., part 1,

The power of amendment under the 14 & 15 Vict. é. 100, was again brought under the consideration of the Court in Reg. v. Frost and Another, (1 Jur., N. S., part 1, p. 406). The prosecutor was described as "George William Frederick Charles Duke of Cam-R. bridge.". It was proved that "George William" were two of the duke's Christian names, and that he had other names, but of these there was no evidence. The sessions refused to amend by striking out the words "Frederick Charles;" and it was held-First, that the power of amendment given by the stat. 14 & 15 Vict. c. 100, is entirely in the discretion of the judge at the trial, and that such power should be exercised before the case goes to the jury. The Court of Appeal could not, therefore, say that the sessions were bound to amend. Secondly, that the sessions were right in refusing to strike out the words "Frederick Charles," but might have amended by striking out all the Christian names. Lastly, that as the indictment stood it contained matter of description which ought to have been proved, and as it was not, an acquittal should have been directed. Lord Cardigan's case (Dom. Proc., 1841) was considered in point. An indictment charged, that "being able, and having the means," the prisoner neglected to support her child. There was no evidence that she had the means of doing it, but it was proved that she might have applied to the relieving officer, who would have provided the means. Conviction quashed, upon the ground that the allegation in the indictment was not proved. (Reg. v. Chandler, 1 Jur., N. S., part 1, p. 429).

We have two decisions upon the reception in evidence of the depositions of an absent or dead witness, under the 11 & 12 Vict. c. 42, s. 17. In the first, (Reg. v. Wicker, 18 Jur., part 1, p. 252), Channell, Serjt., after consulting Parke, B., ruled at Nisi Prius, that the deposition of a witness might be read who had come to the assize town, and into the building where the Court was sitting, but before the trial came on returned home by the advice of a medical man, who deposed

p. 575).

Stealing from the Person.]-In Reg. v. Simpson (18 Jur., part 1, p. 1030) we have a decision upon what is a sufficient severance to maintain a conviction for stealing from the person. The prisoner by force drew the chain of a watch out of a waistcoat button-hole, but the watch key having been caught by another button, the watch and chain remained suspended. This was likened to Lapier's case, (1 Leach's C. C. 320), in which an earring was snatched at in a lady's ear, and separated from the ear, but was found amongst her curls; and it was held that the severance, although momentary, was sufficient to constitute the offence. The Court differed Thompson's case, (1 Moo. C. C. 78): there a book was from the view taken by a majority of the judges in drawn about an inch above the top of the inside pocket of the prosecutor's coat, and a majority of the judges held that it was not a sufficient asportation of the book to amount to a conviction for stealing from the person.