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No. 4, NEW SERIES.-Vol. I.
No. 943, OLD SERIES.-Vol. XIX.

FEBRUARY 3, 1855.

PRICE Is., or with Digest Supplement, 28.

WANTED, in a Solicitor's Office of large practice in

THE LAW OF ELECTIONS. Manchester, a CLERK, to take the superintendence of making

This day is published, in 1 vol. royal 12 mo., price 10s. 6d. cloth bds., out the Bills of Costs. Tot fully competent party a liberal salary A PRACTICAL TREATISE on the LAW OF ELECTIONS

of the United Kingdom, and “The CORRUPT PRACTICES with references to present or late employers, Box 448, Post Office, PREVENTION ACT, 1854,” with an Appendix of Statutes. Ву Manchester

JOHN CLERK, Esq., of the Inner Temple, Barrister at Law.
Now ready, in 2 vols. post Sro, price 21s. bound,

H. Sweet, 3, Chancery-lane, Fleet-street,

THE LAW OF LETTERS PATENT. MR. SHEIL'S LEGAL and POLITICAL SKETCHES.

This day is published, in 1 vol. 8vo., price , in cloth bds., Published for 6. Colburn by his successors, Hurst & Blackett, | A TREATISE on the LAW of LETTERS-PATENT for 13

the SOLE USE of INVENTIONS in the United Kingdom of L AW REVIEW for FEBRUARY. Price 58. Grant. To which is added, a Summary of the Patent Laws in force in

Great Britain and Ireland, including the Practice connected with the CONTENTS.

the principal Foreign States; with an Appendix of Statutes, Rules, 1. The last French Chancellor, Etienne-Denis, Duke Pasquier. Practical Forms, &c. By JOHN CORYTON, Esq., of Lincoln’s-inn, 2. Our Minister of Justice-State of the Office of Lord Chancellor. Barrister at Law. 3. The County Courts.

H. Sweet, 3, Chancery-lane, Fleet-street. 4. Posthumous Publications-Lord J. Russell. 5. Statute-law Commission: its State and Prospects.

This day is published, cloth boards, price 15s., 6. History of Jurisprudence-Benani.

THE PRACTICE of the HIGH COURT of CHANCERY 7. Local Distribution of Tribunals-More Assizes.

in SUMMARY PETITION MATTERS; with Precedents, and 8. On the Law of Limited Liability.

an Appendix of Orders and Statutes. By JOHN F. REILLY, Esq., 9. History of the Law Amendment Society.

Barrister at Law, Secretary to the Riglit Hon. the Master of the Rolls. 10. Report on the Indian Civil Service.

Dublin: Hodges & Smith, Grafton-street, Booksellers to the Hon. 11. The late Mr. Brodie.

Society of King's-inns. London: Stevens & Norton. 12. J. G. Lockhart.

Recently

published, in 1 vol. royal 8vo., price 12s. boards, 13. Criminal Lunatics. 14. Papers of the Law Amendment Society.

N INTRODUCTION to the STUDY of JURISPRUA

DENCE, being a Translation of the General Part of Thibaut's 15. Mettray-The Exemplar of Reformatory Schools.

System des Pandekten Richts, with Notes. By NATHANIEL LINDAdjudged Points in Chaucery and at Common Law.

LEY, Esq., of the Middle Temple, Barrister at Law. Postscript-Bills of Exchange Bill-Practical Parliamentary Improve

W. Maxwell, 32, Bell-yard, Lincoln's-inn. ment--Criminal Law Jurisdictions-Pressing Reforms--Law Literature. Stevens & Norton, Bell-yard.

Just published, in 1 vol. 12mo., price 188. cloth,

JARMAN'S NEW CHANCERY PRACTICE, Second L AW MAGAZINE; or, QUARTERLY REVIEW of Edition, considerably enlarged and extended, so as to form a

JURISPRUDENCE. No. 106, for FEBRUARY, is this day pub Complete Practice of the Court. lished. price 5s.

"It is most ably executed."-Law Magazine. CONTEXTS:-1. The Theory of Succession ab Intestato.--2. Trial W. Maxwell, s. Sweet, and Stevens & Norton, Law Booksellers and without Jury.-3. Lord Brougham and Vaux: his Professional and Publishers. Parliamentary Career. 4. Navigation; Collision; Conflict of American

WANDERINGS IN THE FAR WEST. and English Law, how to Steer.-5. The Statute-law Commission.6. Parliamentary Law.—7. The New Invitations to Juvenile Crime.

This most remarkable Narrative of a Journey, during which the 8. Bills of Exchange and Promissory Notes: Lord Brougham's Bill.

Adventurer was often solely dependent upon his rifle for support, ap9. The Amendment of the County Courts.-10. Mr. Leone Levi's Mercan

pears in THE FAMILY FRIEND. Price 2d. Now ready. tile Law.-11. The Profession of an Advocate.-12. The Chief Justices of America.-13. Unlimited Liability -14, Notes of Leading Cases.

OUR CHURCH and its CONGREGATION.

An agreeable Tale, full of descriptive beauty. See 15. Short Nores of Cases.-16. Short Notes of New Books.-17. Events

SKETCHES OF THE OLD HALL, of the Quarter.-18. List of New Publications.

in THE FAMILY FRIEND. Price 2d. Sold everywhere. London: Butterworths, 7, Fleet-street, Law Booksellers to the Queen's most Excellent Majesty.

T.

CROFTON CRO KER, ES Q. Now ready, Svo., cloth, price 4s.,

An Original Ballad, from the highly-gifted pen of this late eminent writer, appears in THE FAMILY FRIEND. Price 20.

Monthly. Now ready. the use of Schools and Private Students. By G. AINSWORTH, B.A., and J. YEATS, P.R.G.S.

N I G H T 1 N G A L E. London: H. Ingram & Co., Milford-house, Milford-lane, Strand.

Every one should read

THE SISTER OF CHARITY,
Now ready, price 1s.,

in THE FAMILY FRIEND. Price 2d. Now ready. REMARKABLE SIEGES from the Siege of Constan

tinople in 1453 to that of Sebastopol, 1854, with Explanatory PICTURES of BY GONE MANNERS, Observations on Fortification and Siege Operations; with numerous

Together with Diagrams and full-page Engravings. By HENRY OTTLEY.

CURIOSITIES OF LONDON, London: H. Ingram & Co., Milford house, Milford-lane, Strand.

Appear in THE FAMILY FRIEND. Price 2d. Now ready. Second Edition, in Ornamental Wrapper, price 18 , COOKERY for the SE A S O N. FURTHER ADVENTURES of Mr. VERDANT GREEN, Practical Receipts for Economic Housewives, specially suited an Oxford Undergraduate. By CUTHBERT BEDE, B.A. With

to Small Families with little Incomes, Cottagers, &c. Good Dinners, Aumerous Illustrations, designed and drawn on wood by the Author. Soups, &c.-See THE FAMILY FRIEND. Price 2d. Now ready. London: H. Ingram & Co., Milford-house, Milford-lane, Strand.

ENIGMAS and TREASURES, Now ready, in Ornamental Wrapper, price 1s. plain, 25. coloured,

Also an Interesting
THE WONDERFUL
DRAMA of PUNCH and JUDY

MEMOIR of the late MISS MITFORD, and their LITTLE DOG TOBY, performed to overflowing Appear in THE FAMILY FRIEND. Price 2d. Now ready. Balconies at the corner of the Street; corrected and revised from the

By A

POINT L A CE COLLAR, WOOD ENSCONCE, Esq. With Ilustrations by the Owl.

Designed for the forthcoming Paris Exhibition, London: H. Ingram & Co., Milford-house, Milfurd-lane, Strand.

is illustrated and described so that all may work it. See THE

FAMILY FRIEND. Price 2d. Now ready. Sold everywhere. Crown 8vo., cloth gilt, 28 6d. each volume, THE HISTORY OF RUSSIA. from the Foundation of the THE LANGUAGE of FLOWERS,

And a very useful Paper on the Monarchy by Rourick to the Close of the Hungarian War. To

ADULTERATIONS OF FOOD. which are added, Dissertations on Serfdom, Landed Tenure, the Nobility, the Church, Trade, &c. By ALPHONSE RABBE and JONATHAN Both appear in THE FAMILY FRIEND. Price 2d. Now ready.

THE

F A MIL Y F R I E N D cipal Cities, Ports, and Harbours, and carefully-executed Maps of the is a Magazine of Domestic Economy, Entertainment, Instruction, Russian Empire. Two volumes.

and Practical Science. It is published Monthly. Price 2d. London: H. Ingram & Co., Milford-house, Milford-lane, Strand.

London: Ward & Lock, 158, Fleet-street. Sold everywhere, No. 4, Vol. I., New Series.

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ASSOCIATION for PROMOTING the RELIEF of the Crimean Committee, and to all subscribers, to charge only the Condition of the Poor, by Means of Parochial and District Visiting, the army. under the Superintendence and Direction of the Bishop and Clergy.

The weight of the packages is kept down to 56lbs. or 57lbs., in order President-The Right Rev. the Lord Bishop of LONDON.

not to exceed what a man can carry along a bad road. Three packages

are, therefore, used for a stove, and the 102lbs, of fuel which accompaTRUSTEES. The Right Hon. W. E. Gladstone, M. P., Chancellor of the Exchequer. nies it. The cost of the stove, with this sufficient supply of fuel, packed The Right Hon. Sir Robert H. Inglis, Bart.

and delivered in London, is 41. 58., or less, if on finally winding up the Sir Walter R. Farquhar, Bart.

account it should be found to cost less. Henry Kingscote, Esq.

The stoves may now be seen constantly in operation at the address Office-No.4, St. Martin's-place, Trafalgar-square.

below, and at the Crystal Palace, Sydenham, the Crystal Palace ComThe Committee of this Association are anxious to bring to the notice pany having asked for stoves to exhibit there, and Mr. Edgington of the public that their funds are very considerably reduced, whilst having lent a tent in which to exhibit them. the demands on the Association are largely increased by the excessive

Copies of this advertisement will be printed off for private distribuprices of the first necessaries of life, and the continuance of severe

tion, and will be supplied at the tent in the Crystal Palace, or by post weather.

from Vauxhall. It is hoped that by these means a sufficient number The Committee continue to afford every possible encouragement to

of persons with spare money will be brought to take an interest in the the poor to deposit their small savings in the Provident Societies con matter, to carry it out thoroughly, without any individuals being taxed nected with this Association; but they regret to record, that during 1854

to a burthensome amount, or any being asked to contribute at all who the high price of all the first necessaries of life operated as a check may have already given in one way or other for the help of the army all upon deposits; and that the poor are consequently deprived of much of

that they can properly be asked to give. the advantage arising from their own savings, and are thrown to an in

Belinont, Vauxhall, Jan. 27, 1855. creased extent on the bounty of the benevolent.

Postscript, Jan. 29.-Lord Raglan's dispatch, dated “before SebasContributions are received by the under-mentioned Bankers :

topol, 13th January," and appearing in the newspapers of this mornAt the West End.

In the City.

ing, states, that "great progress is making in disembarking and issuMessrs. Herries, Farquhar, & Co., Messrs. Hoare, Fleet-street.

ing to the troops vast quantities of warm clothing of all descriptions,"

but that "the provision of fuel is still a great difficulty." That this St. James's-street.

Messrs. Williams, Deacon, & Co., Messrs. Drummond, Charing

was written after the arrival of the supply of stoves sent out by GoBirchin-lane.

vernment is shewn by the following extract from the letter of The cross. Messrs. Barclay, Bevan, & Co.,

Times Correspondent, dated on the 8th January, five days before Lord Messrs. Coutts & Co., Strand.

Lombard-street. And at the Office of the Association, 4, St. Martin's-place, Trafalgar- Ragian's dispatch: Our fine patent stoves are wretched affairs. They

are made of thin sheet iron, which cannot stand our fuel, charcoal. square.

Besides, with charcoal, they are mere poison manufactories, and they The Annual Report will be forwarded on application.

cannot be left alight in the tent at night. They answer well for drying

the men's clothes at day." CRIMEAN ARMY CANDLE STOVES.-The Managing The candle stoves burn through the night without attention, and

Directors of Price's Patent Candle Company beg to inform all who with no more injury to the air of a hut than would be caused by a few may feel an interest in the Company's Candle Stoves for the Army, that candles burning in it. 200 have just now been despatched by the Crimean Committee in The Pioneer, and that there are funds in hand for alle mensen chet them best CITY of LONDON HOSPITAL for

DISEASES of for the use of the army, much larger funds are needed than have yet

Under the Patronage of been received, and that it is therefore desirable that all who agree with

Her Majesty the QUEEN, and them in thinking that a sufficient number ought yet to be sent out should exert themselves to procure special subscriptions for this purpose

His Royal Highness Prince ALBERT, K. G.. &c. to the Crimean Committee, at 28, Hill-street, Berkeley-square. The

President-The Right Hon. the Earl of CARLISLE. Committee will forward to the gentlemen who have gone out in charge

Treasurer--H. Edmund Gurney, Esq.

It having been determined, notwithstanding the heavy liabilities inof their own consignments ary stoves of which the public may think fit to pay the cost and freight.

curred for the completion and furnishing of the building, to open the Stoves hereafter sent out will not, indeed, arrive till a date by which

New Hospital at the Victoria Park on the 7th March, the friends of the it is hoped the worst part of the winter will be over; but if they even

Charity and the benevolent public are earnestly entreated to AID the

Committee in the accomplishment of this object with their kind and serve no other purpose than the mere preventing the necessity of the liberal snpport. soldiers eating their meat raw, and sleeping in drenched clothes, for

This decision has been come to under a deep conviction of the want of the means of cooking and drying, this alone would seem to be an object well worth the expenditure of a few thousand pounds, if this

urgent necessity which exists for the immediate reception of in-patients, attempt to interest the public in the matter should succeed in raising wards at this early period, to be sustained by the cordial and active

and the Committee trust, therefore, in their endeavour to open the so much. The Managing Directors do not thus apply to the public until after

co-operation of the public.

The number of out-patients relieved at the Institution is very large, having tried to accomplish their object by first applying to the share

and as the means at the disposal of the Committee are quite inadequate holders of the Company and their friends for private means to begin

to the extended relief now afforded, they are constrained urgently to carrying it out, and then applying to Government to complete, as a

APPEAL for further ASSISTANCE. matter of public service, what had been thus privately commenced.

Out-patients relieved during the last week, 643. The private funds obtained for candles, cooking lanterns, candle stoves, and fuel, amounted in all to 10771. 188. 1d., made up by the fol

The Committee have the pleasure to announce that a Public Pestival, lowing subscriptions:

to commemorate the opening of the New Hospital, will be held at the The Company

London Tavern on Wednesday, the 7th March next, and that the Right £300 00

Hon. the Earl of Carlisle, the President of the Institution, has kindly Four subscriptions of 1051. each..

420

intimated his intention to take the chair on the occasion. Six of 251. each

150 00 One of

Donations and subscriptions will be thankfully received by the Trea

10 10 0 Seven of 101. each

surer, H. E. Gurney, Esq., at 65, Lombard-street; the Bankers, Messrs. 70 0 0

Barclay & Co., Messrs. Coutts & Co., and Messrs. Ransom & Co.; by One of

5 0 Twelve of 51, each

the Hon. Secretary, 51, Old Broad-street; and by the Secretary, at the Fifty-one of smaller amounts

Oflice, 6, Liverpool-street, Finsbury.

H. SEWELL, Hon. Sec.

RICHARD P. SLATER, Sec. £1077 18 1 The application to Government was, unhappily, less successful. It was made just before Christmas, the value of the stores for the pur- | PURSUANT to an Order of the High Court of Chancery, poses of the army being then proved by actual trial in one of the made in a cause “ Field against Tarner," the CREDITORS of Government offices, and a formal tender of 200 a day, and fuel in pru

LYDIA FIELD, late of Bushey, in the county of Hertford, widow, portion, and all at cost price, being sent in the day after Christmas.

(who died in or about the month of November, 1852), are, by their As this tender is still unanswered, there seems to be little hope of

solicitors, on or before the 27th day of Pebruary, 1855, lo come in and Government taking the matter up, unless it be to a small extent for

prove their debts at the chambers of the Vice Chancellor Sir Richard hospital purposes, the medical authorities having approred highly of

Torin Kindersley, No. 3, Stone-buildings, Lincoln's-inn, Middlesex ; or, the stoves. It is understood that for general purposes the Govern

in default thereof, they will be peremptorily excluded from the benefit ment has already sent out some common stoves; but these, although of the said order. Tuesday, ihe 6th day of March, 1855, at 1 o'clock in they will be of use anywhere near the port, will be useless in the

the afternoon, at the said chambers, is appointed for hearing and adjudicamp, on account of the great comparative weight of fuel required for cating upon the claims.- Dated this 30th day of January, 1855. them, and therefore will be no substitute for the candle stoves, with

FREDERICK CHARLES EDWARDS, Chief Clerk. their extremely portable fuel, of which a single pound weight gives out

heat made in the matter of Francis Smith, deceased, and in a cause for baking four pounds of bread or boiling four quarts of water in " Anne Smith against John Rich Pussell," the CREDITORS of every hour, at a cost of, in the one case but ld., and in the other but FRANCIS SMITH, late of Shepton Mallet, in the county of Somerset, 20. per hour.

gentleman, (who died in or about the month of August, 1854). are, by It was hoped that the notice of the matter in The Times City article their solicitors, on or before the 22nd day of February, 1855, to come of Monday, the 8th January, backed by the Crimean Committee's notifi- in and prove their debts at the chambers of the Vice-Chancellor Sir cation on the following day of their readiness to receive special subscrip. William Page Wood, at No. 11, New-square, Lincoln's-inn, Middlesex tions for the stoves, and to forward-to the Crimea any number the public or, in default thereof, they will be peremptorily excluded from the might think fit to provide means for, would bring in money enough from benefit of the said order. Wednesday, the 28th day of February, 1855, the public for as many as were needed; but it has as yet brought id less at 12 o'clock at noon, at the said chambers, is appointed for hearing than one-fourth of the amount previously raised privately in the Com- and adjudicating upon the claims.-Dated this 27ıh day of January, 1855. pany, as already stated.

HY. LEMAN, Chief Clerk. It may be well to state, for the information of those who may now be

J. PERCY COOKE, Solicitor, 50, Great Coram-street, hearing of the matter for the first time, that the Company is pledged

Russell-square.

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constantly, for more than eight hours together, a sufficient heat Cordrying PURSUANT to an Order of the High Court of Chancery:

CONTENTS.

Leading Article

31

COURT OF QUEEN's Bench.

Notes of the Week

32 By G.J.P. SMITH and W. B. BRETT, Barristers at Law.

Correspondence

33 Westbrook 0. Blythe.-(Middlesex Registration Act,

Regulæ Generales. .

33 7 Ann. c. 20, s. 18–1& 2 Vict. c. 110, 88. 11, 13–

Gentlemen called to the Bar

34 2 & 3 Vict. c. 11, s. 5-Effect of judgment to bind

London Gazettes

34 lands-Judgment registered in Common Pleas, but

NAMES OF CASES REPORTED.

not in Middlesex-Term for years)..

85

CROWN CASES RESERVED.

Reg. v. Saunders. — (County treasurer - Accounts

By G. FRANCIS, Barrister at Law.

Illegal items-Allowance by visiting justices-Order

Reg. t. Ferguson.-(Indictment-Joinder of counts) .. 73

of quarter sessionsReview by subsequent sessions

- Certiorari).

86

COURT OF CHANCERY.

BAIL COURT.

By T. EDWARDS, Barrister at Law.

Thornhill v. Thornhill.-(Practice- Contempt, costs of) 73

By G. FRANCIS, Barrister at Law.

In re Hodges, and In re The Trustee Relief Acts.

Ex parte Carter.— (Practice of affiliation--Notice of
(Practice-Judge at chambersTrustee Relief Acts

appeal-Recognisance-7 & 8 Vict. c. 101, 8. 4) 89

-Order for maintenance)

73

COURT OF COMMON Pleas.

COURT OF APPEAL IN CAANCERY.

By W. PATERSON and W. Mills, Barristers at Law.

By F. FISHER, Barrister at Law.

Chilton o. Carrington.-(Contract, construction of) .. 89

Stevens o. Benning.- (Author and publisher, agreement

Edwards o. Hodges.- (Jurisdiction of London aldermen

between- Assignment of copyright-Injunction) 74

-View of deserted premises by a constable instead

of by the justices-11 Geo. 2, c. 19, s. 16-3 & 4

ROLLs Court.

By G. Y. ROBSON, Barrister at Law.

Vict. c. 84, 88. 6, 13-11 & 12 Vict. c. 43, s. 34).. 91

Hood o. Clapham.-(Will-Conversion—Securities"

COURT OF ExchEQUER.

-Terminable annuities)

78

By W. M. Best, Barrister at Law.

Byam o. Byam.-(Marriage articles-Withdrawal of Abbott . Bult.-(17 & 18 Vict. c. 125, s. 44-New

money from settlement-Discretionary power) 79

trial-Costs)

93

VICE-CHANCELLOR STUART's Court.

Osborn o. The London Dock Company.-(17 & 18 Vict.

By T. F. MORSE, Barrister at Law.

c. 125 — Interrogatories to parties - Privilege of

Meynell 0. Surtees.-(Agreement—Way-leave," lease

witness in not answering questions)..

93

of - Specific performance - Railway company-

PREROGATIVE COURT.

Triple damages-Assignment of offer for an agree-

By J. P. Deane, D.C.L.

ment)

80 Powell 0. Scantlebury.-(Pauper's costs) ............ 95

VICE-CHANCELLOR Wood's COURT.

ADMIRALTY PRIZE COURT.

By MATTHEW B. Begbie, Barrister at Law.

By J. P. Deane, D.C.L.

Nash v. Hodgson.-(Statute of Limitations - Part pay- The Elise.-(Seizure by non-commissioned persons-

ment-Appropriation to one of severai debts) 83

Damages and costs)

95

THE JURIST.

The latest case upon this subject is that of Hernaman

v. Smith, in the Exchequer, on Saturday last. The

LONDON, FEBRUARY 3, 1855.

action was brought “ by leave,” under the 60th section,

in the Newnham district of the Gloucestershire County

The question what is cause of action” within the Court, to recover a reward for the apprehension of a

meaning of the County Court Act has been before our felon. It appeared that a placard had been issued by

superior courts on several recent occasions. It has the defendant offering the reward “for the apprehend-

arisen under sect. 60 of the stat. 9 & 10 Vict. c. 95, by ing" of the felon, and it contained the words “payment

which a summons may issue, by leave of the judge, into to be made on conviction.” The apprehension was

what may be called “a foreign district," although the shewn to have taken place in Newnham, but the con-

defendant does not reside there, provided the cause of viction took place in Hereford, out of the Newnham dis-

action arose within it. These words, it will be ob- trict. The Court held, that the conviction was part of

served, differ from those which are used in the con- the cause of action, and therefore that it did not arise

current clause, (sect. 128), which entitles the plaintiff wholly within the Newnham district, and granted a writ

to sue in the superior courts when the cause of action of prohibition. The grounds of the judgment appear

did not wholly, or in some material point, arise within to have been, that the plaintiff could not recover until

the district in which the defendant dwells. Accord conviction, that the Statute of Limitations would not

ingly it has been held, that the “cause of action” in run until that time, and that in an action in the supe-

the former section means whole cause of action, and rior courts the plaintiff must have alleged that such

unless it wholly arise in the foreign district, the judge conviction had taken place--an allegation which was

has no jurisdiction to try it. It is therefore analogous material and traversable. The Court fully recognised

to the cause of action upon application to change the and acted upon the decision in the Common Pleas a

venue on the common affidavit, viz. that the cause of few days previously, (Walton v. Borthwick, Jan. 22),

action arose wholly in the county to which it is sought in which an order for goods having been given in

to change the venue; or to the cause of action within Oxford to a traveller for a Manchester house, and the

the old inferior jurisdictions, in which case it was goods having been sent from Manchester by railway,

necessary to allege every material traversable fact to according to the defendant's request, it was held, that

have occurred within it. (Com. Dig.,“ Courts,” P. (9); the whole cause of action did not arise, under the sec-

Peacock v. Bell, 1 Wms. Saund. 74 a). It also appears tion in question, in Manchester. The order was a

to resemble the “ cause of action” within the Statute verbal one, although required by the Statute of Frauds

of Limitations, 21 Jac. 1, c. 16, which means a com- to be in writing, the value of the goods being above

plete, and not merely an inchoate, cause of action, 101.; but this did not, we understand, affect the deci-

No. 4, Vol. I., New Series.

D

sion, which proceeded on the ground that the sale or been convicted of an offence against the Market Act of order was a part of the cause of action.

Torquay, in Devon, upon an information laid by one of In Re Fuller (2 El. & Bl. 575) an action was brought the inhabitants not connected with the Market Comin the county court for a legacy against an adminis- pany, to whom the penalty was to be paid. The Court trator. The plaintiff claimed under a will which had Company only could lay the information.

held, upon the construction of the act, that the Market been made, and the testator had died, in district A., but

In Reg. v. Frere (Q.B., Jan. 24) it appeared that the the executor had renounced, and letters of administra- Eastern Union Railway Company, on account of comtion had been granted to the defendant in district B. petition, charged a less fare for travelling from A. to C., The Court of Queen’s Bench held, that the grant of sixty miles, than from A. to B., forty miles of the the letters of administration was a part of the cause of sixty. The defendant, knowing this, paid for a ticket action. Crompton, J., cited the case of Murray v. The him, under a' bye-law of the company, for entering a

from A. to C., but got out at B. A conviction against East India Company, (5 B. & Ad. 204), which was a carriage without paying the fare, was quashed. decision to the effect, that in an action by an adminis- In Jenkins v. Beetham (C. P., Jan. 31) it has been trator on a bill of exchange payable to the intestate, held, that although surveyors of ecclesiastical property, but accepted after his death, the Statute of Limitations employed to value as between outgoing and incoming ran only from the time of the grant of the letters of tenants, need not have an accurate knowledge of the administration, as until that period there was no per- judicial decisions, yet they should have an accurate

law, or therefore of the rule laid down in very recent son in existence capable of suing on the bill.

knowledge of the principle of valuing ecclesiastical In Buckley v. Hann (5 Exch. 43) a bill of exchange property, as such, between incoming and outgoing had been drawn and accepted, and the indorser had put tenants. his name upon it in the city of London, but he delivered Sir Fitzroy Kelly has moved (Q. B., Jan. 31) for the it to the indorsee in Middlesex. It was held that the renewal of the certificate of Mr. W. H. Barber. He

stated that the motion was made on new matter of so cause of action in the indorsee against the acceptor did important a character, that he could not but entertain not arise wholly in the city, because there was no in

a confident hope that the application would be successdorsement until delivery. (See Marston v. Allen, 8 M. ful. The second day of next term was appointed for & W. 494). Part of the cause of action is the accept- the motion. ance, and therefore the action cannot be brought by has decided, after consultation with Mr. Commissioner

In Re Bates, (Jan. 27), Mr. Commissioner Phillips leave in the district in which the bill was delivered or issued, where it is a different one from that in which it to the Insolvent Court until he has obtained his cer

Murphy, that no bankrupt shall be allowed to apply was accepted. (Wilde v. Sheridan, 16 Jur., part 1, tificate. p. 426; S. C., nom. Re Birch, 1 B. C. 56*.)

The conflict of jurisdictions between county courts To these decisions may be added that of Barnes v. and the insolvent court has been settled by Mr. ComMarshall, (16 Jur., part 1, p. 1086; 21 L. J., Q. B., missioner Murphy, (Re Christy, Jan. 26), so far as he 388), in which the facts were as follow:-A carrier and is concerned, by his refusing to interfere on behalf of a wharfinger at Swindon agreed with M., who lived in person committed by a county court judge in respect of

a debt from which he had been discharged in the insolSurrey, to barge timber from don Wharf to Lon- vent court. The learned commissioner acted upon Abley don. It was necessary to haul the timber from where v. Dale, (16 Jur., part 1, p. 427), in which the Court it lay to be loaded in the barges. A plaint was brought of Common Pleas had decided that in such cases the in the Swindon district, by leave, against M., and in- county court had jurisdiction under sect. 98 of stat. 9 & cluded two items for hauling. It was held that the 10 Vict. c. 95, and might commit the defendant as upon hauling and carriage constituted but one cause of

an unsatisfied judgment. The Court of Queen's Bench,

upon an application to discharge the defendant, (Jan. action, which did not arise until the delivery of the 3i), expressed an opinion in favour of the ruling in the timber in London; therefore that there was no juris- case in the Common Pleas. diction to try the case in the Swindon district.

The conflict between the powers of coroner, magis

trate, and commissioner of police, as to the custody of NOTES OF THE WEEK.

a prisoner, has been again brought before the public in the case of Baranelli, charged with the murder of

Joseph Latham. The Court of Exchequer (Jan. 26) have made the rule absolute for a new trial in the case of Boyle v.

In Reg. v. The Inhabitants of Fulford (Bail Court, Wiseman, deciding that the Chief Baron was wrong in indictment for non-repair of a highway was refused,

Jan. 30) an application for a certiorari to remove an refusing to allow the defendant to be examined, and in because the affidavit did not state that a fair and imparrejecting secondary evidence of a letter in the posses- tial trial could not be had in the court below, or that sion of a person out of the jurisdiction, and which the some question of more than usual difficulty and implaintiff had used due diligence to obtain. For the decision of the same Court (Jan. 27) upon of the premises was required, or that a special jury was

portance was likely to arise on the trial, or that a view the “cause of action” in sect. 60 of stat. 9 & 10 Vict. necessary for a satisfactory trial

. One or other of these c. 95, see Leading Article. Several cases of importance have been decided upon mention of the subject would have been expected, viz.

allegations is required by a statute where à priori no the subject of interrogatories, for which we refer our

that for preventing aggravated assaults upon women readers to the Reports in our present Number. In Reg. v. Hicks (Q. B., Jan. 25) the defendant had

and children, (16 & 17 Vict. c. 30, s. 4).

In the Admiralty Court, (Jan. 27), Dr. Lushington * In which Coleridge, J., cited the words of Paul Voet, with has given judgment in one of the Baltic blockade cases, reference to the lex loci contractûs in such case—“Quid si de The Franciska, a Danish schooner, which had been literis cambii incidat quæstio ; quis locus erit spectendus ? is captured while endeavouring to enter a blockaded port. spectendus est locus, ad quem sunt destinatæ, et ibidem Restitution was claimed on the grounds (inter alia) that acceptatæ.”

the blockade had been neither a legal nor an effective

97

cause.

on:

one, and also that the vessels of Denmark and Sweden

REGULÆ GENERALES were entitled to special privileges under an old treaty. The learned judge, however, pronounced against the As to the Forms of Proceedings and Process, made purclaim, first, because the blockade was notorious; and, suant to the Stat. 17 8; 18 Vict. c. 31, s. 4, intituled secondly, because the master, having deposed falsely, An Act for the better Regulation of the Trafic on and having been on his way with a full knowledge of Railways and Canals." the blockade, was deprived of any benefit from the treaty.

[IN THE COMMON Pleas AT WESTMINSTER.]

I. Every application made under this act to the Correspondence.

Court shall be for a rule calling upon the company or companies complained of to shew cause why a writ of

injunction should not issue against such company or TO THE EDITOR OF “THE JURIST.”

companies, enjoining them to do, or to desist from SIR, -As most legal subjects are undergoing more or

doing, the thing required to be done, or the thing the less scrutiny and revision, would it not be very advan-doing of which

is complained of by the company or

person making such application; and every application tageous to the Profession and public to have a revision made under this act to a judge at chambers shall be of our Stamp Laws, instead of act after act being ses- by summons, calling upon the company or companies sion after session passed, and so much confusion added complained of to shew cause in like manner, which to a matter already very much confused ?

summons shall be granted only upon affidavit, and Without expressing any opinion as to the merits or upon a statement made to the judge, in like manner as

upon an application to the Court for a rule to shew demerits of " codification” generally, surely there can be but one correct opinion as to the advantages to be II. If, on the hearing of any such rule or summons, derived from a codification of the numerous statutes the court or judge shall think fit to direct and proserelating to stamp duties. The subject is, from its very section of this act, the order for that purpose shall be

cute inquiries into the matter thereof, under the 3rd nature, one that could and should be reduced to a certain standard, and clear and concise tables framed which summons being enlarged until such further day as the

in the following terms, or to the like effect, the rule or would tell at a glance what duty is applicable to any court or judge shall think fit, in order that in the case.

meantime such inquiries may be made and reported None can deny that it is a subject of the greatest importance, nor that a remedy for the cure of the “ In the Common Pleas. disease is very simple. The fact is patent to every practitioner in conveyancing, that after the greatest the — Company] against the

“In the matter of the complaint of A. B. [or, of amount of pains has been expended in the preparation ordered that C.D., Esq., engineer, [or as the case may

Company. It is of his draft, he has considerable difficulty in deciding be], do forth with make such inquiries into the matter what stamp duties to mark upon it; and when his of this complaint as may be necessary to enable the mind has arrived at a conclusion, it is with consider- Court [or, the Honourable Mr. Justice -] to deterable doubt as to its correctness.

mine the same, and do report thereon to the Court There is no denying that the act of the 13 & 14 [or, to the said Mr. Justice - ] on or before the Vict. was a boon to that portion of the public interested day of next. in the alienation of property, especially to small pur- Dated this

day of

18—." chasers and mortgagors, and consequently very much increased the number of assurances; but it left

III. Office copies of all the affidavits filed by either things untouched that should speedily be dealt with. party on the hearing of such rule or summons shall, at By way of illustration, (if such be needed), I may men

the expense of such party, be furnished to the person tion an instance occurring to the conveyancer almost appointed to make such inquiries, within three days every day of his professional life, in the use of the so

after the making of such order as aforesaid. called "common deed stamp.” Now, 11. 16s. is sadly the court or judge upon the said report, but no fresh

IV. The parties shall be entitled to be again heard by too large an amount in very many small matters where that stamp is indispensable.

affidavits shall be allowed on such hearing, unless by A case is thuis moment under my eye, where it becomes leave of the court or a judge. necessary to appoint a new trustee to property of very shall be in the following form, or to the like effect :

V. Every writ of injunction issued under this act small amount, consisting of a freehold house and garden, and a leasehold piece of land, a simple conveyance “ Victoria, &c., to the Company, their agents and assignment of which would be subject only to an and servants, and every of them, greeting:- Whereas ad valorem duty of about 158.; but the common deed A. B. [or, the Company] hath lately complained stamp will be necessary; added to which, by a fiction of before us, in our Court of Common Pleas at Westlaw, the legal estate in leaseholds cannot be divested minster, of a violation and contravention by you, the from the old trustee, and vested in him and a new said company, of the Railway and Canal Traffic Act, trustee, without a mesne or intermediate assignment, 1854; that is to say, in (state the act or omission com(as a use cannot be declared, as in the case of a free- plained of]: and whereas, upon the hearing of such hold); so that an additional stamp will be required. complaint, the same hath been found to be true: we This is a severe tax upon so small a fund for simply do, therefore, strictly enjoin and command you, the adding a new trustee.

said Company, and your agents and servants, and You will excuse me drawing attention to a question every one of you, that you, and every one of you, do which must necessarily suggest itself to the mind of from henceforth altogether absolutely desist from [state every one having the most limited experience in this the matter for the injunction where an act done is combranch of the law; but I do so that your powerful aid plained of} [or, that you, and every one of you, forthmay be invoked to bring about some efficient remedy with do state the matter for the injunction where an for a palpable wrong.

omission is complained of)] until our said

Court shall I remain, Sir,

make order to the contrary. Witness, Sir John Jervis, Your obedient servant, Knight, at Westminster, the day of in the

W. H. S. year of our Lord 184"

many

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