Candidates who Passed the Examination. Lewis, Lauriston Winterbotham Marlow, Thomas Meggison, Robert Graham. Micklem, Thomas Miller, William George Harding, Great Russell-street, Bloomsbury Richard Green and Thomas Peters, Knighton William Chartres, Newcastle-upon-Tyne John Henry Todd, Winchester Godfrey Tallents, Newark-upon-Trent William Henry Cotterill, Throgmorton-street Frederick Day, Hemel Hempstead John Bamber de Mole, Merchant Tailors'-hall, Throgmorton-street; Thomas Browning, Threadneedle-street Thomas Henry Dixon, 5, New Boswell-court William Dickson, sen., Alnwick. John Fox, Nottingham William, Thomas, jun., Walsall John Fenwick, Newcastle-upon-Tyne Nicholas Lockyer, Plymouth Richard Almack, Melford; Charles Fletcher Skirrow, Bedford-row and Exeter John Edward Fullagar, Lewes John Physick, 3, Northumberland-buildings, Bath Charles Bailey, Winchester William Freer, Leicester William Haigh, Huddersfield Edward Bousfield, 12, Chatham-place, Blackfriars, and afterwards of Keith Barnes, Spring-gardens John Henning, Weymouth, and Melcombe Regis Alfred Paget, Leicester Thomas Harvey, Egham Robert William Peake, 11, New Palace-yard John Wilkinson, Clithero; James Baldwin, late of Colne, Dixon Oswald Milne, jua., Manchester; James Ainsworth, Blackburn John James Joseph Sudlow, Chancery-lane Edmund Sharp, 2, Devonshire-terrace, St. Marylebone Benjamin Holloway, New Woodstock; Frederick Patey Chappell, Stephen Towgood, Newport Lindsey Winterbotham, late of Tewkesbury; Joshua Thomas, Tewkes bury, & further assigned to John Brend Winterbotham, Cheltenham John Forster, Walsall New Master in Chancery.—Registration of Attorneys.-Fire occasioned by Negligence. 169 Thornton, George Tippetts, James Berriman, jun.. James Berriman Tippetts, sen., 6, Pancras-lane Trollope, William Mann Underhill, Henry Upward, Walter James and Charles Rogers, 22, Manchester-buildings, Westminster Samuel White Sweet, Basinghall-street; George Frederick Prince George Game Day, St. Ives John Francis Bellwood Fry, Ruthin; Edward Hugh Edwards, 11, Watts, George Augustus Everitt Charles Henry Turner, Exeter Whiteman, Alfred Reuben Terrewest, Eastbourne John Shackleton, Leeds James Call Waddell, Berwick-upon-Tweed Henry Rowden, Wimborne Minster John Young, 6, Sise-lane; Joseph Whitehouse, 36, Lincoln's-inn-fields THE NEW MASTER IN CHANCERY. FIRE OCCASIONED BY NEGLIGENCE. THE vacancy in the office of one of the Masters of the Court of Chancery, occasioned by the death of Mr. Duckworth, has been filled by the appointment of William H. Tinney, Esq., Q. C. We thought the emoluments and easy duty would not long be neglected. The learned gentleman was called to the Bar by the Honourable Society of Lincoln's Inn, on Nov. 22, "Whereas fires often happen by the negli1811. In order of seniority he ranked after gence and carelessness of servants, be it thereLord Campbell and Mr. Selwyn, and before the fore enacted, That if any menial, or other serRight Hon. Mr. Pemberton Leigh and Vice-lessness, shall fire, or cause to be fired, any vant, or servants, through negligence or careChancellor Knight Bruce. PENALTY ON SERVANTS. There can be no doubt that nineteen out of every twenty fires are occasioned by negligence or carelessness. It may not be without its use to set forth the penalties inflicted on servants who are guilty of acts of negligence by which losses are thus sustained." This appointment is an exception to the usual adherence to party claims; but as a Law Lord said on another occasion, "blood is thicker than water!" ANNUAL REGISTRATION OF THURSDAY the 16th instant was the last day for paying the annual certificate duty of attorneys, in order that such certificates should relate back to the 16th November, and enable the attorney to recover his costs in the interval, and to free him from the liability to penalties for practising without a certificate. It may be material to mention, however, that although certificates taken after the 16th will bear date on the day of payment, the names of the parties will appear in next year's Law List, if obtained on or before the 31st instant. For this purpose the declarations should be lodged at the Incorporated Law Society on Friday the 24th (the next day being Christmasday). The Registrar affords every accommodation in his power, but unfortunately there are so many who leave this important business to the last day, that there may not be time to complete the certificates. The first in order must be first served. dwelling-house or out-house, or houses or other PARLIAMENTARY PROCEEDINGS RE- House of Lords. NEW BILLS. Railways. For 3rd reading. a A notice of this enactment is given by the active London manager of the West of England Insurance Office, and we recommend the other offices to follow the example. ED. Parliamentary Proceedings, house of Commons. NEW BILLS. Superior Courts: Rolls. under any other act or acts of parliament, ás late an Examiner, or late Clerk to an Examiner Mr. of the said court, or otherwise in any other character, and paid out of any funds of the suitors of the said court; and also, of the total: amount received by any of the said officers as poundage, or in respect of the income, or any other tax imposed upon payments made out of any of such funds, distinguishing the sums received by each such person on each of such accounts, and giving his name: Roman Catholic Relief.-Mr. Anstey. Agricultural Tenant Right in England and Wales. Mr. Pusey. Altering Epiphany Quarter Sessions.-Mr. Packe. NOTICES OF NEW BILLS. Administration of Poor Law.-Mr. Bankes. Appeal in Criminal Cases.-Mr. Ewart. Practice and Costs of Solicitors in the Metropolitan Police Courts.—Mr. C. Pearson. Acquittal of Insane Prisoners.-Mr. C. Pear son. Trial of Prisoners without Grand Jury.-Mr. Employment of Convicts.-Mr. C. Pearson. TAXES ON THE ADMINISTRATION OF JUSTICE. And of the names and respective ages of the late Six Clerks, who are still living and entitled to compensation under the aforesaid act of the 5 & 6 Vict. c. 103, with the amount of the compensation to each of them. of Also, returns of the number of attendable warrants granted by each of the Taxing Masters and late Taxing Masters of the Court of Chancery for the taxation of costs, each day, within the 5th year his appointment; distinguishing the warrants to justify attendances, and the number of Bills of Costs, and the amount and rate of the per centage on the taxation thereof paid thereon Returns have been moved for by Mr. for warrants granted, and for copies of Bills of during that year, and the sums received by him Aglionby of the respective ages of the Clerk Costs, and for Reports or Certificates, or otherof Enrolments, and of the Four Clerks of Re-wise, during that period: cords and Writs of the High Court of Chancery And of the total amount of the sums received in England, and also of the total amount re-by each of the Taxing Masters and late Taxing ceived by each of them, such Clerk of Enrol- Masters of the Court of Chancery, (paid out of ments and Clerks of Records and Writs, since the Suitors' Fee Fund,) both for salary and the passing of the act 5 & 6 Vict. c. 103, both compensation, since the passing of the act for salary and compensation under that act; 5 & 6 Vict. c. 103, distinguishing the sums and also of the total amount of compensation paid to each person, and the names of the received by any of the before-mentioned officers persons. RECENT DECISIONS IN THE SUPERIOR COURTS, REPORTED BY BARRISTERS OF THE SEVERAL COURTS. Kolls Court. In re Dolman. Nov. 4, 1847. PETITION.-SECURITY FOR COSTS. The rule which requires a party resident out of the jurisdiction to give security for cosis, applies to a petition as well as to a bill. This was a petition on the face of which it appeared that the petitioner was out of the jurisdiction. On this circumstance being urged, as a ground for the petitioner being ordered to find security for costs, Mr. Goodeve, for the petition, said, that he was not aware that the rule of requiring security for costs applied to a petition, and referred to Anon, 12 Sim. 262. Lord Langdale expressed his opinion, that the same rule applied to a petition as to a bill; and the petition was accordingly ordered to stand over that the petitioner might find security for costs. Manners v. Furze. Nov. 11 & 23, 1847. RECEIVER.—SECURITY.—GUARANTEE The court cannot accept the bond of a guaran, cause. The court will not appoint a receiver without security, even though without salary. A. B. receiver with the consent of all the In this case Mr. Chandless moved to appoint parties to the cause, they being all sui juris, on his giving as a security a bond by the British Guarantee Association; a society incorporated by an act of parliament, one clause of which authorizes such securities to be taken in the government offices. The Master had approved of the security proposed, if the rules of practice of the court would allow of its heing taken. But there was this difficulty, that the ordinary practice of the court required the security to be made by way of recognizance, to enter into which it was necessary for the surety personally, to appear before the proper officer; and this a corporation aggregate could not do. Lord Langdale said, that he had no authority to alter the practice of the court; what process would the petty bag have to enforce the security The parties, if sui juris, might consent to take no recognizance; but he could not sanction the practice as that of the court. In consequence of this expression of his lordship's opinion, Mr. Chandless, on a subsequent day, applied for the appointment of the samme person as receiver, without salary or security, but Lord Langdale again declined to make the order; observing, that although the court would, with the consent of the person appointed, appoint a receiver without salary, this circumstance did not affect the rule for requiring security before the court would lend to the receiver its authority. Vice-Chancellor of England. 177 unto and amongst his, her, or their lawful issue, as thereinbefore mentioned." Thomas Wardale, (the settlor,) by his will bearing date the 8th of March, 1823, expressly ratified and confirmed these two indentures, and appointed plaintiffs the executors and trustees of his will, giving and bequeathing to them "all his ready monies and monies out at interest, bills, bonds, and securities for money, and all other his personal estate and effects of every kind, upon trust that they and the survivor of them, his executors and administrators, should, as conveniently could be after his decease, call in and sell, dispose, and convert into money such part of his personal estate and effects as should not consist of money as they should think proper, and the monies arising therefrom, should pay and apply in satisfaction of his debts, funeral, and testamentary expenses, and other incidental charges, and the remainder, if any, should pay unto and equally between and among all and every his great-grandchildren, the children of his grandson John Wardale by Mary his then wife, at their several and respective ages of 25 years, or otherwise apply the same for their use and benefit as they his executors should think proper." Mr. Malins for John Wardale, the legal personal representative of Thomas Wardale, who was the son and sole next of kin of Thomas Wardale the settlor, contended, that the clauses in the deeds and the residuary bequest in the will were void for remoteness, and that John Wardale was therefore entitled. Mr. Chandless, for the great grandchildren of the settlor, who were living at his death and attained 25, contended, that they took vested estates, and that the postponement to 25 was only as a more convenient time for payment. Vivian v. Mills, 1 Beav. 315; Saunders v. Vautier, 1 Craig. & Phil. 240. Mr. Wright and Mr. Surrage appeared for other parties. Bequest of testator's residuary estate on trust to convert and pay unto equally between and among his great-grandchildren at 25, or otherwise apply the same for their use and benefit as his executors should think iproper: Held, void for remoteness. Xi. Similar clauses in two deeds confirmed by the will: Held, roid for the same reason. THIS was a suit instituted by the trustees of two indentures of settlement and of a wil of Thomas Wardale, for the purpose of obtaining the opinion of the court as to the validity of certain limitations contained therein. By the indentures, bearing date the 1st of March, 1823, Thomas Wardale assigned the sums of 600l. and 700l. to the plaintiffs, upon trust to pay the interest and dividends to certain persons for life, and after their decease, "upon trust that they should stand possessed of and interested in the interest money to accrue and The Vice-Chancellor said, it appeared to him become due from time to time in respect of the that the deeds which were recited in the will said principal sums until such time as all and tended to throw a light on the will. The same every the child and children of John Wardale construction ought to be put on both, and the (the grandson of Thomas Wardale) should re- same set of takers should take if they could. He spectively attain the age of 25 years, so and in was of opinion that the testator had contrived such manner as the said interest money might to point out that the takers were to be not only accumulate and be added to the principal for his great-grandchildren, but those of his greattheir several and respective use and benefit, grandchildren who attained the age of 25 years; and then upon trust that they and the survivor that being so, the principal acted on by Sir W. of them, his executors and administrators, Grant in Longdon v. Simson applied, that where should, upon such child or children respectively a gift to a class was in such a way that some of attaining the age of 25 years, as therein men- the class had a capacity to take, yet that capationed, pay, divide, and distribute the said sums city might be destroyed by others of the class and all accumulating interest thereof in the meantime unto and among such children at the respective ages aforesaid, in the shares and proportions thereinafter mentioned, that was to say, unto and amongst such of them as were males one-third part more than the females; and in case any one of the children should depart this life before their shares became payable, leaving lawful issue, then the share and shares of them so dying of and in the monies therein mentioned should be paid and equally divided not being capable of taking. His opinion was, that the limitations in the present case were void, and that the next of kin of the testator. took. Balcarres v. Hudson. Dec. 9, 1847. NOTICE OF MOTION.-COSTS. Where two defendants appear by the same solicitor, and two notices of motion are served on their behalf on the same day to 172 Superior Courts: Vice-Chancellor.-V. C. Knight Bruce.—Queen's Bench. dismiss the bill for want of prosecution, the costs of one motion only will be allowed. Queen's Bench. 1847. In this case Mr. Smythe moved in behalf of Simpson v. Margitson. Michaelmas Term, two defendants to a bill, that the bill might be dismissed for want of prosecution. Both the defendants appeared by the same solicitor, and notwithstanding this, two separate notices of motion were served for the same day. Mr. Bethell objected to the allowance of the costs of more than one motion, stating that a case had occurred in the court before, where it had been so decided. The Vice-Chancellor said, the costs of one motion only could be allowed. Vice-Chancellor Knight Bruce. May v. Prinsep. Thursday, Nov. 11, 1847. PRACTICE.-AFFIDAVIT.-VARIANCE. The affidavit of service of a copy of the bill must not vary from the title of the bill by the omission of a name of a defendant, unless the omission is supplied by the words "or others." AGREEMENT. CALENDAR OR LUNAR In an agreement for the sale of an estate, one Held, that the word month, unless qualified, must be taken to denote lunar month, but that evidence is admissible to show that in the auction trade month means calendar, and not lunar month. The interpretation of a contract is matter for a judge, but where it is doubtful whether a particular word is used in a sense different from its ordinary meaning, the judge should leave it to the jury to say what sense in that trade ought to be given to the word. Mr. W. T. S. Daniel moved in this case for leave to enter a memorandum of service of a THIS was an action brought by the plaintiff, copy of the bill upon Gardiner, one of the de- an auctioneer, against the defendant for comfendants in the suit. He stated that there ap- mission for the sale of an estate. The plaintiff peared to be a defect in the affidavit of service claimed the sum of 2001. The agreement beby the omission of the name of this defendant, tween the parties was, that the plaintiff was to and no words were inserted to show that there have one per cent. if the estate should be sold was any one more than the defendants whose within two months, and one-half per cent, if sold names were stated. The affidavit was headed, after two months. The property was sold after "Between George William May, plaintiff, the expiration of two lunar months, and before and Mary Thoby Prinsep, Henry Vincent the expiration of two calendar months. Evidence Bayley, defendants;" but no mention was made of Gardiner, the words "and Gardiner" having been omitted; nor were the words "and others," or "and another," Higginson v. Wilson. Thursday, Nov. 11, 1847. PRACTICE.-FEME COVERT.-PLEA. Where a feme covert was sued as a feme sole, and had entered an appearance, it is necessary to go to the courts for an order to put in a plea of her coverture, without joining her husband in the plea. Sarah Phillips, a married woman, was made a defendant to the suit under her maiden name, Sarah Fagg. An appearance was entered in her right name of Sarah Phillips, and wishing to put in a plea of her coverture, application was made to Mr. Berry, the Clerk of Records and Writs, who refused to allow the filing of the plea without an order made by the court. Mr. Allnutt now applied to the court for leave to file the plea. His Honour. I do not think any order is necessary, but, if asked, I will make it. The Clerk of Records and Writs said, he had consulted the Master of the Rolls on the point, and his Lordship was of opinion that an order of the court was necessary. Order made. was tendered by the plaintiff for the purpose of showing that, according to the usage of this particular business, the word month meant calendar month, but, the learned judge being of opinion that the evidence was not admissible, it was withdrawn. This case was tried before Wightman, J., and the meaning of the word month was left for the decision of the jury, and it was found to mean calendar month. The conditions of sale and some letters written by the defendant that the meaning of the parties was calendar to the plaintiff were given in evidence to show months. A rule nisi was afterwards obtained to enter a nonsuit, or for a new trial. a Mr. Serjeant Byles and Mr. Unthank showed cause. Parol evidence is admissible for the purpose of explaining the meaning of the word month, according to the usage of that particular trade, as in Smith v. Wilson, evidence was admitted to show that the words "a thousand rabbits" in a lease denoted twelve hundred. The meaning of this expression was properly left for the consideration of the jury. In Hutchinson v. Bowker, Parke, B., lays down the rule:-"The law I take to be this, that it is the duty of the court to construe all written instruments; if there are peculiar expressions used in it, which have in particular places or trades a known meaning attached to them, it is for the jury to say what the meaning of those 3 B. & Ad. 728. 5 Mee. & Wels. 535. |