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CONCISE PRECEDENTS of WILLS, with an Intro

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BILLS OF EXCHANGE ACT, 1855.

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LIAMENT.-The Printer of THE SURREY HERALD begs respectfully to direct the attention of Solicitors and Parliamentary for the County of Surrey. It is a Surrey County Paper of seventy years' standing, published at Guildford, and in full accordance with the Standing Orders.-London Office for Proofs, 20, Warwick-square, City.

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GU

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George Keys, Esq., Secretary.-Samuel Brown, Esq., Actuary. LIFE DEPARTMENT.- Under the provisions of an act of Parliament, this Company now offers to future Insurers FoUR-FIFTHS of the PROFITS, with QUINQUENNIAL DIVISION, or a Low RATE OF PREMIUM without participation of Profits.

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At the five Divisions of Profits made by this Company, the total Reversionary Bonuses added to the Policies have exceeded 913,000% At Christmas last the Assurances in force amounted to upwards of 4,240,000., the Income from the Life Branch in 1854 was more than 200,000., and the Life Assurance Fund (independent of the Guarantee Capital) exceeded 1,700,000/.

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No. 46, NEW SERIES.-Vol. I.

No. 985, OLD SERIES.-Vol. XIX.

NOVEMBER 24, 1855.

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A

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HUGH INNES CAMERON, General Manager. Chief Office, 16, Tokenhouse-yard, Lothbury, London, Aug. 4, 1855.

EQUITABLE REVERSIONARY

INTEREST SO

CIETY, 10, Lancaster-place, Strand.-Persons desirous of DISPOSING of REVERSIONARY PROPERTY, LIFE INTERESTS, and LIFE POLICIES of ASSURANCE may do so at this Office to any extent, and for the full value, without the delay, expense, and uncertainty of an auction.

Forms of Proposal may be obtained at the Office as above, and of Mr. Hardy, the Actuary of the Society, London Assurance Corporation, 7, Royal Exchange.

JOHN CLAYTON, F. S. CLAYTON,

Joint Secretaries.

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GAZETTES.-FRIDAY, Nov. 16.

BANKRUPTS.

London.-Pet. f. Nov. 3.

CHARLES COOMBS, Waltham, Kent, grocer, Nov. 27
and Dec. 27 at half-past 11, London: Off. Ass. Bell; Sols.
Walker, Canterbury; Linklaters & Co., 17, Sise-lane,
JOHN GROGAN, Stockbridge-terrace, Pimlico, musical in-
strument dealer, Nov. 27 and Dec. 28 at 1, London: Off.
Ass. Johnson; Sol. Burkitt, Curriers'-hall.-Pet. f. Nov. 15.
THOMAS GORTON, Lincoln's-inn-fields, dealer and chap-
man, Dec. 4 at 2, and Dec. 26 at half-past 1, London: Off.
Ass. Stansfeld; Sol. Jerwood, Ely-place, Holborn.-Pet. f.
WILLIAM TAVENER, Clifford-road, Abbey-road, St.
John's-wood, dealer and chapman, Nov. 24 at 1, and
Jan. 5 at 12, London: Off. Ass. Nicholson; Sol. Chapple,

Nov. 13.

11, Birmingham, aud. ac.-Edward Whitaker, Walsall, Staffordshire, draper, Dec. 13 at 11, Birmingham, aud. ac.—John Blakey and George Blakey, Keighley, Yorkshire, grocers, Dec. 17 at 11, Leeds, aud. ac. and div.—Joseph Aldridge, Leeds, chemist, Dec. 10 at 11, Leeds, aud. ac. and div.Henry Elgar, Ashford, Kent, grocer, Dec. 7 at 11, London, div.-John Rolfe, Faversham, tailor, Dec. 10 at 1, London, div.-Samuel Adams, New-court, Goswell-street, licensed victualler, Dec. 7 at half-past 11, London, div.-Wm. Clerk, Surbiton, Kingston-upon-Thames, builder, Dec. 7 at It, London, div.-Charles Goeringer, Queen-street, Goldensquare, Westminster, victualler, Dec. 10 at half-past 12, London, div.-J. Francis Bricknell Cabburn, Cumberland-row, King's-cross, licensed victualler, Dec. 8 at half-past 11, London, div.-Wm. Yeatherd Ball, Wood-st., Cheapside, and Holland-st., Blackfriars-road, wholesale glover, Dec. 8 at 12, London, div.-Thos. Patient, Saffron Walden, Essex, cooper, Dec. 7 at half-past 2, London, fin. div.-John George Lacy, 19, Great Carter-lane.-Pet. f. Nov. 6. Great St. Helens, Bishopsgate-st., gun manufacturer, Dec. 7 JOHN CHAMBERS, St. Martin's, Stamford Baron, Norat half-past 11, London, div.-Chas. J. Hubbard, Crutchedthamptonshire, coal merchant, Nov. 24 at 11, and Jan. 5 friars, London, and Saffron Walden, Essex, hop merchant, at 12, London: Off. Ass. Pennell; Sols. Law, Stamford; Dec. 7 at half-past 1, London, div.-Wm. Fairey, Bedford, Wright & Bonner, 15, London-street, Fenchurch-street.provision merchant, Dec. 8 at 1, London, div.-Edward Pet. f. Oct. 30. Pownall, Ipswich, Suffolk, and Harwich, Essex, shipowner, JOHN BAKE, Cambridge-terrace, Barnsbury-park, and Ca- Dec. 8 at half-past 1, London, div.-James Henry Mills, ledonian-road, Islington, licensed victualler, Dec. 4 at 2, Hove, Sussex, broker, Dec. 7 at 2, London, fin. div.-Henry and Dec. 26 at 1, London: Off. Ass. Graham; Sol. Atkin- Rubbra, Dudley, Worcestershire, grocer, Nov. 26 at half-past son, Quality court, Chancery-lane.-Pet. f. Nov. 13. 10, Birmingham, aud. ac.; Dec. 10 at half-past 10, div. JOHN GLENN, Cambridge-terrace, Liverpool-road, Isling--Josiah Allen, Birmingham, builder, Nov. 26 at half-past ton, dealer and chapman, Nov. 27 and Dec. 20 at 1, Lon- 10, Birmingham, aud. ac.; Dec. 10 at half-past 10, div. don: Off. Ass. Lee; Sols. Chilton & Burton, 7, Chancery-Charles Massingham, Birmingham, wholesale jeweller, lane.-Pet. f. Nov. 13. Nov. 26 at half-past 10, Birmingham, aud. ac.; Dec. 10 at half-past 10, div.-John McCarthy, Aston, near Birmingham, dealer and chapman, Dec. 10 at half-past 10, Birmingham, div.-A. Elswood, Chard, Somersetshire, money scrivener, Dec. 5 at 1, Exeter, div.-John Manley, Manchester, machine maker, Nov. 29 at 12, Manchester, div.-Wm. Marshall and Wm. Smith, Sheffield, edge-tool manufacturers, Dec. 8 at 11, Sheffield, div. CERTIFICATES.

THOMAS WALKER, Kidderminster, licensed victualler,
Nov. 26 and Dec. 17 at half-past 12, Birmingham: Off.
Ass. Whitmore; Sols. Boycott, Kidderminster; Motteram
& Knight, Birmingham.-Pet. d. Nov. 10.
EDMUND JOHN LUDLOW WHITMORE, Ramsbury,
Wiltshire, apothecary, Nov. 30 and Dec. 31 at 11, Bristol:
Off. Ass. Miller; Sols. Abbott & Lucas, Bristol.-Pet. f.

Nov. 13.

BENJAMIN VICKERS, Newton Bushell, Devonshire, wine
merchant, Nov. 27 at 11, and Dec. 27 at 1, Exeter: Off.
Ass. Hirtzel; Sols. Francis, Newton Bushell; Stogdon,
Exeter.-Pet. f. Nov. 13.

BENJAMIN FRENCH, St. Mary's-terrace, Walworth-road,
Surrey, dealer and chapman, Nov. 27 and Dec. 20 at 1,
London: Off. Ass. Lee; Sol. Buchanan, 1, Guildhall
chambers, Basinghall-street.-Pet. f. Nov. 14.
WILLIAM HALL, Durham, grocer, Nov. 27 at 11, and
Jan. 8 at 12, Newcastle-upon-Tyne: Off. Ass. Baker;
Sols. Brown, Newcastle-upon-Tyne; Cooper, Sunderland;
Harle & Co., 20, Southampton-buildings, Chancery-lane,
WILLIAM USHER, Sunderland, Durham, rope manufac-
turer, Nov. 23 at 12, and Dec. 21 at 1, Newcastle-upon-
Tyne: Off. Ass. Baker; Sol. Cooper, Sunderland.-Pet. f.
Nov. 6.

London.-Pet. f. Nov. 6.

MEETINGS.

J. Ellis, Springhill, Birmingham, timber merchant, Dec. 1 at 11, Birmingham, last ex.-Samuel Gawan, Kent-street, Southwark, victualler, Nov. 28 at 12, London, aud. ac.Geo. Frederick Johnstone, St. Ives, Huntingdonshire, draper, Nov. 28 at 1, London, aud. ac.-Daniel Benjamin Herts, Sidney-square, Mile end, Nov. 28 at 12, London, aud. ac.— Henry Houghton, Friday-street and Watling-street, merchant, Dec. 4 at 1, London, aud. ac.-Alexander Peat, Manchester, shoe manufacturer, Dec. 3 at 12, Manchester, aud. ac.; Dec. 10 at 12, div.-George Hoyle and John Tattersall, Whitewell Bottom, near Newchurch, Lancashire, cotton manufacturers, Dec. 3 at 12. Manchester, aud. ac.; Dec. 10 at 12, div.-W. Hancock, Talk-o'-th'-Hill, Staffordshire, builder, Dec. 6 at 11, Birmingham, aud. ac.; Dec. 8 at 11, div.-J. Proffitt, Oldbury, Worcestershire, grocer, Nov. 29 at half-past 12, Birmingham, aud. ac.-R. Wheble Bennett, West Bromwich, Staffordshire, brewer, Dec. 13 at 11, Birmingham, aud. ac.; Dec. 22 at 11, div.-W. Arthur Watson, Whitacre, Warwickshire. builder, Dec. 15 at 11, Birmingham, aud. ac.-John Webber, Birmingham, grocer, Dec. 13 at 11, Birmingham, aud. ac.; Dec. 22 at 11, div.-Nathan Levy, Worcester, clothier, Dec. 13 at 11, Birmingham, aud. ac.; Dec. 22 at 11, div.Thomas Spurrier, Walsall, Staffordshire, maltster, Dec. 6 at

To be allowed, unless Cause be shewn to the contrary en or before the Day of Meeting.

W. Batley, Northampton, engineer, Dec. 8 at 12, London. -Francis Blackwell, Peterborough, Northamptonshire, currier, Dec. 7 at half-past 12, London.-Thomas Masters, Norwood, hotel keeper, Dec. 8 at half-past 12, London.-Gaius Augustine Stone, Bristol, carpenter, Dec. 10 at 11, Bristol.John Rushton, Carlisle, plasterer, Dec. 14 at half-past 11, Newcastle-upon-Tyne.-Thos. Adamson and Henry Hunter Bell, Sunderland, curriers, Dec. 12 at 12, Newcastle-uponTyne.-Henry Wm. Knowles, Bacup, Lancashire, manufacturer, Dec. 10 at 12, Manchester.-John Hobson, Leeds, grocer, Dec. 18 at 12, Leeds.-John Lupton, Bradford, Yorkshire, innkeeper, Dec. 18 at 11, Leeds.-John Duffield, Oldbury, Worcestershire, publican, Dec. 13 at half-past 12, Birmingham.

To be granted, unless an Appeal be duly entered. Harriet Townsend, Charles-street, Westminster, poulterer. Joseph Wyatt, Aldermanbury, wholesale stationer. —R. Walker, Wisbeach, Cambridge, stationer.-Charles Kelly, High-street, Kensington, and Baker-street Bazaar, Baker-st., Portman-square, auctioneer.-Robert Edward Barnes, Sloane. street, Chelsea, wine merchant.-Henry Shaw Goodman, Starch-green, Hammersmith, varnish maker.-Wm. Aaron Rogers, Sutton, Surrey, licensed victualler.-Sarah Frampton, Wimborne Minster, Dorsetshire, butcher.-T. Punshon, Durham, builder.—Chas. Henry Wall and Christopher Holt, Samlesbury, near Preston, Lancashire, cotton spinners.-W. Shipman, Manchester, baker.-Thomas Kitts, Bolton, cotton spinner.-John Williams, Ffynnon Groyw, Llanasa, Flintshire, grocer.-Joseph Spencer, Bilston, Staffordshire, ironfounder.- Wm. Farmer, Birmingham, nail manufacturer.— Henry Robinson, Brewood, Staffordshire, maltster.-Joseph Proffitt, Oldbury, Worcestershire, grocer.—Samuel Fenn and Joseph Fenn, Birmingham, tailors.-H. Williamson, Leeds, cloth merchant.-John Dawson, High-street, Shadwell, tobacconist.-Joseph Miller, Piccadilly, ironmonger.---Henry Miller and William Hook, Newport, Isle of Wight, hardwaremen. -Jacob Frankenstein, White Hart-court, Bishopsgate-street [For continuation of Gazette, see p. 457].

CONTENTS.

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TO CORRESPONDENTS.

VICE-CHANCELLOR STUART'S COURT.

By T. F. MORSE, Barrister at Law. The Attorney-General v. Harvey.-(Relator, death of, after decree - Application for the appointment of new, by whom to be made) Ord v. Johnston.-(Agreement, construction ofSpecific performance of, not applicable where the relief asked is compensation in money-Consideration, want of).. Barnard v. Hunter.-(Practice-15 & 16 Vict. c. 86, s. 18-Discovery and production of books and papers-Summons for leave to file exceptions to answer, notwithstanding an order to amend the bill).

VICE-CHANCELLOR WOOD'S COURT.

1062

1063

1065

By MATTHEW B. BEGBIE, Barrister at Law. Olliver v. King.-(Trustee and cestui que trust).... 1066 In re The Trustee Relief Act, and in re Owen's Trust. -(Construction-Reforming a settlement)...... 1069

COURT OF QUEEN'S BENCH.

By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Graham v. Solomon.-(Reversal of outlawry after final judgment—Appearance by attorney-Pleading over- -Payment or satisfaction of the debtWarrant of attorney to enter up judgment-Authority to release errors-Plea of release of error) 1070 COURT OF COMMON PLEAS.

By W. PATERSON and W. MILLS, Barristers at Law. M'Andrew v. The Electric Telegraph Company.(Electric Telegraph Company-Conditions by, as to uninsured messages-Unrepeated message, nonliability for a mistake in─Reasonable regulations -16 & 17 Vict. c. cciii)

1073

It is difficult to see why "practising lawyers" should be blamed for not effecting changes which are within the province of the Legislature, and of the Legislature

"An Attorney's Clerk" is referred to "Notes of the alone; but the fact is, that practising lawyers have Week," ante, p. 439.

LONDON, NOVEMBER 24, 1855.

THE administration of justice has been materially improved during the last few years, and lawyers, as a body, have zealously aided in promoting these improvements. As a proof of this, it is sufficient to point to the spirit evinced by the legal periodicals during that time. It is, however, as much the fashion to abuse lawyers as it is to indulge in vague declamation about reforming the law, offering nothing that is tangible, practical, or new, in the way of remedy. Thus the Times of the 14th inst., after publishing long and dreary letters upon the subject of consolidating the law, which merely repeat in the most general terms certain theoretical notions, leading to nothing useful, commences a leader with these observations:

"We have got all, we believe, that any amount of pressure can induce the class of practising lawyers to do for us, and until the public interest can be brought once more to bear on the subject, we despair of seeing the jurisdiction of the county courts extended, the submitting cases to them by consent facilitated, and the introduction of that which is the keystone to all real improvement in procedure-the personal appearance and examination of parties before the judge at the very first step in the cause."

been the persons who have done their best to promote these alterations. Thus the County Court Commissioners, who have in their report advocated the extension of the jurisdiction of those tribunals, (ante, p. 272), numbered among its members the Master of the Rolls, Mr. Justice Erle, Mr. Justice Crompton, Messrs. Keating, Koe, Pitt Taylor, Mullings, and Mr. Serjeant Dowling. Mr. Fitzroy was the only lay member. So, the only statute which in effect provides for the examination of the defendant by affidavit before a judge at an early stage of the cause is the Summary Procedure on Bills of Exchange Act, which was introduced into Parliament by Mr. Keating.

But, further, what is the fact as to these complaints, so easily uttered, especially when unaccompanied by the suggestion of any practical remedy? Is there so pressing a grievance, or any grievance in this respect, for which the legal Profession ought to be censured?

The jurisdiction of the county courts at present extends to any demand not exceeding 50%., without consent of the parties, provided that it be not an action of ejectment, or one involving title to corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, or involving the validity of any devise, bequest, or limitation under any will or settlement, or an action for libel, slander, crim. con., seduction, or breach of promise of marriage. By consent, actions of any nature, and

involving any amount, may be tried in the county court, provided they be not actions for malicious prosecution, libel, slander, crim. con., seduction, or breach of promise of marriage*.

So far from submission by consent being difficult, it is as simple a matter as can well be conceived. It is by a memorandum signed by the parties or their attornies; and in order to induce parties to adopt this course the more readily, a right of appeal has been given in cases of submission by consent to the county court jurisdictiont.

Then as to the "keystone to all real improvement in procedure the personal appearance and examination of parties before the judge at the very first step in the cause." We are doubtful as to the full meaning of these words; but if they mean anything, it is probably this the plaintiff, as soon as he has commenced an action, (or perhaps before commencing it), is to appear, and to compel the defendant to appear, before a judge (of a county court or of a superior court?) to be examined by him (upon oath ?) as to the question pending between the parties; the plaintiff, as it were, taking the defendant by the throat and saying to him, "Pay me that thou owest." The judge, we presume, whatever may be the nature of the case, is then and there to adjudicate upon it without the intervention of a jury, and execution is of course to follow with like rapidity. The pleading, we presume, is to be oral, as of old, so as to have the simplest as well as the most speedy system of jurisprudence. Thus, John Brown, the plaintiff, will say to the defendant Thomas Robinson, who has been dragged by the plaintiff and two policemen before a learned judge at chambers, "I claim of you, Robinson, five pounds for work and labour done at your request.' To which the defendant will say, Brown, I never was indebted, and I paid you your debt; and I further say, for defence on equitable grounds, that you told my wife you would forgive me the debt," &c.

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Such are some of the results that may be anticipated from practical suggestions for legal reform, in the promotion of which the public are told they must not expect the co-operation of practising lawyers. They will be quite justified in not expecting it. Our reformers, not content with even American simplicity, would enable a judge alone-the press and the public, we suppose, excluded—to decide upon rights and obligations of the greatest importance to the people of this country. Yet this is but a sample of the reckless and worse than foolish language that is so often used with reference to law reform.

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Commons to be printed on the 29th January, 1855;" including some personal remarks which it would be unfair to leave without explanation. The printing of the Expurgatory List was ordered by the House on a motion by Mr. Locke King, whose zeal for the amendment of the law is very much greater than his knowledge or judgment; and Mr. Ker shews conclusively that the Expurgatory List was not worth printing. But in doing this he has not exercised his usual discretion, for he shews also that the instructions sanctioned by the Lord Chancellor and Mr. Ker, and framed by one of them, in exact accordance with which the Expurgatory List was prepared, were instructions for the devotion of the time of two of the late commissioners to the preparation of a list intended at the best as a "a book of reference to accompany the Statutes at Large," but containing a large proportion of matter which is of no use whatever for that or any other purpose; while, on the other hand, for the use indicated, it is extremely imperfect, and, to a certain extent, misleading;" so that "out of the 248 pages of which this work consists, 144 pages, or about threefifths of the whole, are mere waste of paper and print."

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In answer to Mr. Ker's remarks, Mr. Anstey, who with Mr. Rogers (now in Van Diemen's Land) prepared the Expurgatory List, sent to the commissioners a memorandum, dated the 20th July, 1855, which has been printed by order of the House of Commons. It is too long for insertion here, and indeed, as Mr. Ker observes upon it, it seems to be merely a defence against a charge that was never made. It certainly shews, that whether the list is or is not rigidly accurate in detail, the Lord Chancellor and Mr. Ker are alone responsible for the plan and instructions which have made it the useless and absurd thing Mr. Ker declares it to be.

Among Mr. Ker's observations, reprinted by us, (ante, p. 419), are also some statements respecting Mr. Coode's Digest of the Poor Laws, bearing on the face of them stronger indications of a wish to damage Mr. Coode's reputation than became either the writer or the occasion. Mr. Coode's replies to these have been printed by order of the House of Commons, (8th August, 1855, No. 472). We have only space for the following letter from that gentleman to the present commissioners:

"13, Victoria-street, July 26, 1855. "My Lords and Gentlemen,

"I addressed you yesterday, in haste, a remonstrance against the publication, under your authority, of seventeen misstatements made by Mr. Ker to my prejudice.

"I now forward to you two documents which will supply you with the means of judging of the extent to which your confidence in Mr. Ker, and your authority, have been abused in the publication in question.

"The first paper (inclosure No. 1) is a copy of correspondence,' to which Mr. Ker refers, in the beginning of his statement, in these terms The Digest of the Poor Laws in question was not originally prepared by Mr. Coode as one of the Commissioners of Statute Law; it was a work on which he had been engaged for many years previously, and which he had offered to the Poor-law Board, with a statement that it was then quite ready for the press,' on the 2nd of April, 1852. (See the correspondence on the subject which has been printed in the House of Commons Papers, 1852, No. 244).'

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"Mr. Ker by these words, and those which follow, plainly imputes to me that I stated on the 2nd April, 1852, to the Poor-law Board, that the whole of the Digest of Poor Laws was then quite ready for the press;' which statement would have been an entire untruth; and Mr. Ker proceeds to shew, by his subseremarks, that such a statement could not possibly have been true.

AMONG Our extracts from the Appendix to the Report of the present commissioners we printed the whole of Mr. H. Bellenden Ker's "Observations on the Expurgatory List of Statutes ordered by the House of 13 & 14 Vict. c. 61, s. 17. † 17 & 18 Vict. c. 16, s. 1. "Utroque litigantium, apparente in curiâ, petens ipse loquelam suam et clameum ostendat in hunc modum- Peto versus istum H., &c.' Auditâ vero loquelâ et clameo petentis,quent in electione ipsius tenentis erit, se versus petentem defendere per duellum, &c." (Glan., lib. 2, c. 3). A breach of the peace that may be apprehended under the new system.

"On referring to the correspondence thus cited by Mr. Ker, you will find (pp. 5, 6) that my statement

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