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and premises comprised in the said hereinbefore recited indenture of, Ac. to hold the same unto the Raid E. F., his executors, administrators, and assigns, for the residue of the said term of years, created by the said hereinbefore recited indenture of lease, but subject to the said indenture of, &g. [first mortgage], and to the payment of the principal moneys and interest intendod to be thereby secured upon trust, to sell and receive the purchase-moneys, and apply the same (after satisfying the costs and expenses of the now reciting indenture and the costs of sale) in payment of the sum therein mentioned and interest thereon, and also such other moneys (if any) as might be advanced by the said E. F. to or on account of or might become due to him from or by the said C. D., his executors or administrators, with interest, and to pay any surplus of the said moneys unto the said C. D., his executors, administrators, or assigns.
125. Recital of no sale having taken place under power contained in mortgage. Whereas no sale has taken place under or by virtue of the trust for sale contained in the lastly recited indenture.
126. Recital of bankruptcy of lessee. Whereas the said A. B., being then a prisoner for debt in Her Majesty's prison at , was, on
the day of 18 , adjudicated a bank
rupt by a registrar of the Court of Bankruptcy at , attending the said prison, who directed that the said bankruptcy should bo prosecuted in the Court of Bankruptcy for the district.
127. Recital of appointment of creditors' assignee. Whereas the said A. B. was, on the day of
13 , duly elected by the creditors, and appointed by the Court of Bankruptcy for the
district creditors' assignee of the estate and effects of the said C. I).
128. Recital of a contract and subcontract for sale. Whereas the said A. B. has agreed with the said
C. D. for the sale to him of the said piece of land, buildings, and premises for the residue now unexpired of the said term of years, with the appurtenances free from incumbrances at the price of £ , and the said C. D.. without having taken any assignment to himself, has agreed with the concurrence of the said A. B. to assign all his right and interest in the premises unto the said E. F.
129. Recital of amounts due on mortgages and agreement to pay off same out of purchase-money.
Whereas the said respective sums of £ and £ are now duo and owing to the said A. B. and C. D. respectively, but all interest for the same has been paid up to the date of these presents, and it has been agreed that such sums respectively shall be paid off out of the said purchase-money or sum of £ , and that the said A. B. and C. D. shall join in these presents in manner hereinafter appearing.
130. Recital of a contract with party deceased.
Whereas the said A. B. some time since agreed with C. D., now deceased, for the absolute sale to him of the said hereditaments subject as hereinafter mentioned for the sum of £ , which Bum was paid by the said C. D. in his lifetime to the said A. B. as he doth hereby admit, but no conveyance of the said hereditaments was made to the said C. D.
131. Recital of a will and devise of residue. Whereas the said A. B. duly made and executed his last will [in manner then by law required for passing freehold estates by devise (a)], dated, &o., whereby, after making certain specific devises and bequests as therein contained, he gave, devised, and bequeathed all the rest, residue, and remainder of his estate and effects whatsoever and wheresoever, real and personal, unto the said C. 1)., his heirs, executors, administrators, and assigns upon certain trusts thereinafter mentioned concerning the same.
132. Recital of codicils not affecting general devise. Whereas the said testator made two codicils to his said will dated respectively, Ac, but neither of such codicils affected the general devise of the residuary real and personal estate made by the said will.
133. Recital of death and probate of will and codicils.
Whereas the said testator died on tho day
of 18 without having altered or revoked his
said will, except so far as the same was altered or revoked by the said codicils thereto, and without altering or revoking the said codicils, and the said will and codicils were duly proved in the Re
gistry of Her Majesty's Court of Probate on the day of 18 by the said A. B.
184. Recital of request to convey. Whereas the said A. B. has requested the said C. D. to convey and assure to him the fee simple and inheritance of the hereditaments so contracted to be sold to the said E. F., deceased, which the said C. D. has agreed to do subject as hereinafter mentioned.
135. Recital of a judgment obtained against mortgagor. Whereas the said A. B. is indebted to the said C. D. in the sum of £ , for which sum the
said A. B. has obtained a judgment against the said C. D. in Her Majesty's Court of , and
the said C. D. has applied to the said A. B. to forbear issuing an execution thereon which he has agreed to do upon having the payment of the said debt with interest secured in manner hereinafter appearing.
136. Recital of an action having been commenced against mortgagor. Whereas the said A. B. is indebted to the said C. D. in the sum of £ , and the said C. D. having applied to him for payment of the same sum, but without effect, the said C. I)., on the day of 18 , oommenced an action against the said A. B. in Her Majosty's Court of , which
action the said C. D. has consented to stay on the said A. B. giving security for the payment of the Baid sum of £ and interest tor the same in manner hereinafter appearing.
137. Recital of liability on promissory notes. Whereas tho said A. B. has become liable to Y. Z., on a promissory note for £ and interest
payable on demand, at the request of and as surety for and jointly with the said C. D . and is also liable on another promissory note to the said Y. Z. for tho sum of £ and interest payable
and made in like manner, and the said A. B. having required security for the payment of any moneys which he may at any time be required or called upon to pay to the said Y. Z., or to any other person or persons for or on account of the said C. D., in respect of the said promissory notes respectively or otherwise, the said C. D. has agreed to give such security in manner hereinafter appearing.
138. Recital of a policy of life assurance.
'Whereas by a policy of assurance, dated, &c, the Assuranco Company assured to the said
A. B. tho sum of £ , to be paid to his executors, administrators, or assigns, within calendar
months next after satisfactory proof of the death of him, the said A. B.,at or under the mni~.l premium of £
138*. Recital of a mortgage of policy of life
Whereas by an indenture dated, Ac, and made between the said A. B. of the one part, and C. D. of the other part, in consideration of the sum of £ then due by the said A. B. to the said C. D., the said A. B. did assign and transfer unto the said C. D., his executors, administrators, and assigns the said policy and all sums of money which should or might at any time become payable under or by virtue thereof, subject to redemption on payment by the said A. B., his executors, administrators, or assigns to the said C. D., his executors, administrators, or assigns of the said sum of JE with interest after the rate of £ per cent, per annum, without deduction.
139. Recital of a contract for purchase of policy of life assurance.
Whereas the said A. B. hath contracted and agreed with the said C. D. for the absolute sale to him of the said policy of assurance, and the moneys and advantages thereby secured free from incumbrances at the price of £
(To hi continued.)
fa) This is unnecessary in the recital of a will made o n or since Jan. 1, 1&38.
JOINT-STOCK COMPANIES' LAW JOURNAL.
NOTES OF NEW DECISIONS. Winding-Up— Company Taking Over A BusiNess— Creditors Of The Old Firm.—Where a new partner is introduced into an established firm, or a new firm is constituted in place of it, and a creditor, with knowledge of all the facts, continues his dealings with the firm, his assent to a substitution of the liability of the new firm for that of the old will be inferred upon slight circumstances; but slight circumstances will not lead to any such inference in a case where the creditor has, four months after the substitution of the new firm, distinctly asserted that his dealings were with the old firm exclusively, and that he has no knowledge of the new firm in the transaction. And where advances were agreed to be made by G. to S. and K., whose business was, after the payment of the first advance,
taken over by a limited company, in which G. was an original shareholder, and the bills were drawn on G. by S. aad K., and the advances carried to S. and K.'s account with G. aid Co. their bankers, it was not enough, in the face of such a declaration as is mentioned above, to substitute the company for S. and K., that G. applied to the company for payment of interest due, and received it from the company, and tkat the banking balance of S. and K. in G. aad Co.'i books was carried over to the credit of the limited company: (Re Smith, Knight and Co^Hj L. T. Rep. N.S. 835. L. JJ.)
Compromise Between Creditors And CoxTribctories.—In prospect of litigation, a scheme for a compromise between the company and tat contributories was proposed and assented toby the majority, but there were a few dissentients—tho terms were that the creditors should accept 17s. in the pound. The court held that it had pone; to sanction such a compromise: (Re Comaercid Bank of India, 201,. T. Rep. N. S. 839. M.R.)
Ultra Vires—Misappropriation Of FtrsBS —Repayment. — The objects of a joint-stock company (limited) were declared by the articles of association to be "for carrying on the holiness of a bill broker and scrivener, the drawing, accepting, endorsing, discounting and rediscounting bills of exchange and promiuor/ notes; the making advances aud procurinj loans on, and the investing in, securities; tat borrowing and lending of money, the guaranteeing payment of bills of exchange, promissory notes, and advances, and the doing all rack things as the directors should consider incident^ or conducive to the attainment of the abore objects. The company, by a resolution of the board of directors, agreed to assist a joint-Mock banking company by taking 3000 shares in inch banking company, and as a consideration for a transfer and registration of those shares to nominees of the directors of the discount company, they drew cheques amounting to 30,000£ on the bankers of the company, which were duly paid. This transaction the directors alleged was duly entered into with a view of promoting and increasing the business of their company, but the true character of the transaction was not entered in their cash book, but was described as '• loans" to the banking company: IlelJ, that such a transaction was ultra vires of the directors of the Discount Company: Held also that it wis i breach of trust, and the 30,000/. paid into court by the defendants, the directors, forthwith: (London Joint-Stock Discount Company V. Brext. 20 L. T. Rep. N. S. 844. V.C.J.)
Liability Of Railways — Negligence. B., a passenger, while trying to fasten the ita while the train was in motion, fell out and nl injured. The fastening was in an improptf state. But it was held not to have been negt gence so directly the cause of the accident as W make the company responsible, or to be a cast for the consideration of the jury: (Adams v. 'Hi Lancashire and Yorkshire RailLcay Company, 20 L. T. Rep. N. S. 850. C. P.)
Liability Of Subscribers Of A Memoeis Dub Of Association.—The Master of the Roll has just decided in Pell's case, re Hey ford Ira Works Company, a. point as to the liability of sab scribers to a memorandum of association. Mr Pell, who was the owner of the Heyford Work" subscribed the memorandum for 1500 share* ol 20i. each; but inasmuch as by the articles 0 association, part of the price of the works wa* ti be received in 1350 paid-up shares, he contendthat he was only liable as a contributory on 161 shares—the 1350 being part of tho 1500 for whid ho subscribed the memorandum. The Master oi the Rolls took a different view, holding in effes that the signature to tho memorandum made bin liable, and that the mention of the 1350 shares n the subsequent articles of association must b taken as a subsequent matter. The idea of pro motors, we fear, has hitherto been with Mr. Pell but more care will in future be taken of what i done in memorandums, with the effect of diminish ing perhaps the worst class of such undertakinp
What Is Laches In A Company.—Aoeordini to a decision of Vico-Chancellor James—&''' European Central Railway Company (Pano*i case)—a company may suffer by laches in rectify
a the register as well as the individual sharo dors. In this case Mr. Parsons had executed transfer of twenty shares to one Spong—a lad o 16, employod as a messenger in a bank at 12f- P« week—to whose acceptance as a shareholder, u Nov. 1864, two months after the transfer, th directors of the company intimated their objec tions. In May 1865, however, they sued Sponi for calls unsuccessfully, the plea of infancy bcim aien: and no further steps were taken till in Jan. 1968, the company was ordered to be woundup. The attempt was now made to make Parsons liable, but it was held that tho proof of laches was conclusive, and the summons against Parsons was dismissed. The decision of Vice-Chancellor Stuart, ia Rf the Ottoman Financial Association (IAmiteo) (Chtetham's case), is apparently in a contrary direction to this on the very same point, whit is laches in a company r The plaintiff, Mr. Choetbam had in June 1865 sold fifty shares through his broker to Mr. White, who paid a call of Si. per share in November following. On 6th March 1866 a resolution for winding-up was agreed to, and on the 3rd Nov. following Mr. White paid i all of 51. by the official liquidator. The present ease arose out of a third call in April 1868, which Mr. White was unable to pay. The official liquidator discovering, according to his own account in November, according to Cheetham's in July, that White was an infant at the time of the master, obtained an order in April 1869, for re(toriag Cheetham's name to the register. It was nrged on behalf of Mr. Cheatham "that the sale of the shares had been open and bond tide; that the constitution of the company provided for an infant being a shareholder; and that, after having treated Mr. White, who did not, now that he was of age, repudiate his liability as a shareholder for wo years and upwards, the company were too late in the steps they had taken against himself." Bat, notwithstanding, the Vice-Chancellor did not oostider there had been such laches on the part of the company as to constitute acquiescence. The case is undoubtedly weaker than the one we nave just noticed, but the difference of the judgment may show the difficulty of drawing the line between circumstances which imply laches and Btae which do not.—Economist.
NOTES OF NEW DECISIONS. Bills Of Exchange—Prititt.—The plaintiffs were the drawers of a bill of exchange for JSsi 17*. 6i, at four months, which was accepted by K. The defendants were K.'s bankers, carrying on business at Rochdale, and the plaintiffs alleged that it was K.'s custom, whenever moneys or drafts were paid by him to lis current account, to direct that such moneys ihorild be placed to the credit of that account, but that whenever lie paid moneys for the specific purpose of meeting bills of exchange, it»a3 customary for him to pay such moneys vith an understanding to that effect. When the bill became due, K., requiring funds to meet it, applied to the plaintiffs, who advanced him 150/., ud this sum, together with the balance of the Miount due, was paid into the defendants' bank »! Kochdale, by K.'s clerk, the day before the M became due at the London agents of the defendants' bank, with an advice note of the bill, and with a request to the defendants to order payment thereof, and the defendants so idTued their London agents. On the following d*y, however, the defendants heard of the Hidden death of K., who was at the time indebted to them upon his general account in *bont 5000i, and they immediately telegraphed to London to stop payment of the bill, which Wm returned to the plaintiffs dishonoured, and w» afterwards paid by them. They instituted <«i» suit for a declaration that the'defendants received the amount of the bill upon trust, that «»as their duty to have applied the same in Pfment of the bill, and that they were liable to ■»» irood the amount, and indemnify the Plaintiffs against all damages and costs occasioned by the dishonour of the bill. Bill Mnisaed. the court holding, in accordance with *<*n r. Bushell, 27 L. J. 3, Ex., that there was M privity between the drawers of the bill and «B bankers, but expressing its opinion that on •be merits of the case it was wholly against the Muduct of the defendants in causing the disTOoor of the bill: (HiU v. Houds, 20 L. T. Rep. S-S.M2. V.C.M.)
Mr. Barrett for life or tin til he became bankrupt; and it was contended in the bankruptcy that as to the 9901. at least he could not so settle it as to retain an interest defeasible on the bankruptcy. The Vice-Chancellor, however, held that he could do so as the money had been his wife's, and the brother of Mrs. Barrett was fairly entitled to ask in settling 4000?. that that money also should go to the children in the event of Barrett's bankruptcy. In this way the creditors are made to lose for the benefit of a bankrupt's wife and children. The law may be erroneous which gives a husband all his wife's property, but we do not like its being got rid of by a side-wind, and a settlement allowed where a settlement of the husband'B own property would be prevented. If equities are to be regarded the creditors have quite as good a claim for consideration as the wife and children, and we are inclined to think a better claim. On general principles the law should discourage as much as possible the ingenious processes by which a man's family is separated from hiB risks, and by which it is contrived that ho shall himself avoid suffering.—Economist.
J***op Debtor And Creditor.—Post-nuptial "•nnnts, if the Bankruptcy Bill becomes law, tJ be subject to more stringent regulations than. ?<TM»; but the case of Hammonds v. Barrett, -^decided by Vice-Chancellor Stuart under the Jf iZ"' ""^ nevertheless bo of interest. It shows J*8* *ne strength of tho anxiety which people ouade have to avoid paying their creditors, and ~ secure the profits of trade without extreme risk . tjemsolves or their families. The settlement a this case was of 40001, by a brother of Mrs. ""^t, and of 990J. brought in by Mr. Barrettput of what had been a legacy to Mrs. Barrett. ioe settlement was to Mrs. Barrett for life and to
NOTES OF NEW DECISIONS. Collision—Person In Charge—Compulsory Pilotage.—Two steam vessels came into collision, and one proceeded on her voyage without offering to render assistance to the other; the former had a pilot by compulsion of law on board, but the collision was not caused solely through his misconduct: Held, that the exemption of the owners of the former vessel by reason of having on board a pilot by compulsion of law was not affected by the above section. Semble, that the master is the "person in charge" for the purpose of rendering assistance after a collision: (The Queen, 20 L. T. Bep. N. S. 855. Adm. Ct.)
Salvage.—In the case of the Ganges, where there was a question of the distribution of salvage, the Admiralty Court have supported the custom of the Great Yarmouth Standard Steam Tuir Company to divide salvage among the entire fleet. The fleet is specially maintained to save vessels. The question arose through the temporary employment of the plaintiff as master of the ship when the services were rendered; bnt it was proved that he was cognisant of the custom, and it was applied to him. the court, after some hesitation, affirming that the practice was permissible under the Merchant Shipping Acts.
LAW STUDENTS' JOURNAL
The Council of Legal Education have approved of the following rules for the general examination of students of the Inns of Court.
The attention of the studentB is requested to the following rules of the Inns of Court:—
"As an inducement to students to propose themselves lor examination, studentships shall be founded of fifty guineas per annum each, and twenty-five guineas per annum each respectively, to continue for a period of three years, and one such studentship shall be conferred on the most distinguished Btudent at each general examination, and one such exhibition shall be conferred on the student who obtains the second position; and further, the examiners shall select and oertify the names of three other students who shall have passed the next best examinations ; and the Inns of Court to which snch students as aforesaid belong, may, if desired, dispense with any terms, not exceeding two, that may remain to be kept by such students previously to their being called to the Bar. Provided that the examiners shall not be obliged to confer or grant any studentship, exhibition, or certificate, unless they shall be of opinion that tho examination of the students has been such as entitles them thereto."
"At overy call to the Bar those studonts who have passed a general examination, and eithor obtained a studentship, an exhibition, or a certificate of ho lour at such examination shall take rank in seniority over all other students who shall be called on the same day."
"No students shall he eligible to be called to the Bar who shall not either have attended during one whole year the lectures and classes of two of the readers, or have satisfactorily passed a public examination."
"That not more than four terms under any circumstances be dispensed with in favour of students coming from India, or the colonies, with a view to return to residence there, and that it is
not expodiont to dispense with any terms for such
stndents except on the following conditions, viz.:
"1. That students from India do satisfactorily
Cs an examination in Hindu and Mahommedan , the Indian Penal Code, tho Code of Civil Procedure, the Intestate and Testamentary Act, and in such other codes or Aots as may from time to time become law in British India; and, in addition to Buch examination, do pasB suoh examinations, and abide by all suoh rules and regulations as are now in force for students seeking a pass certificate, by examination, for call to the Bar.
"2. That students from the colonies do pass such an examination as is required, and do abide by all such rules and regulations as are now in force, in order to obtain a certificate of honour.
"3. Provided that each of tho four Inns of Court be at liberty to dispense with the above conditions in such very special circumstances as they may think fit, and that such circumstances be stated in the certificate of call to the Bar given to every such student. The Benchers of eaoh Inn, subject to the foregoing limitations, being guided, in the dispensations of terms, by the circumstances of each particular case."
Rules for the Examination of Candidates for Honours, or Certificates, entitling Students to be called to the Bar.
An examination will be hold in next Michaelmas Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, an exhibition, or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible.
Each student proposing to submit himself for examination, will be required to enter his name at the Treasurer's office of the Inn of Court to which he belongs, on or before Thursday, the 21st October next; and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship, exhibition, or other honourable distinction, or whether he is merely desirous of obtaining a certificate preliminary to a call to the Bar.
The examination will commence on Thursday, the 28th October next, and will be continued on the Friday and Saturday following, except as regards Hindu Law, Ac, to be held on Monday, the 1st Nov.
It will take place hi the hall of Lincoln' s-inn; and the doors will be closed ton minutes after the time appointed for the commencement of the examination.
The examination by printed questions will be conducted in the following order :—
Thursday morning, the 28th October, at ten, on Constitutional Law and Legal History; in the afternoon, at two, on Equity.
Friday morning, the 29th Ootober, at ten, on Common Law: in the afternoon, at two, on the Law of Real Property, &c.
Saturday morning, the 30th October, at ten, on Jurisprudence and tho Civil Law; in tho afternoon, at two, a paper will be given to the students, including questions bearing upon all the foregoing subjects of examination.
Monday morning, the 1st Novomber, at ten, on Hindu and Mahommedan law, and on the laws of India.
The oral examination will be conducted in the same order, during the same hours, and on the same subjects, as those already marked out for the examination by printed questions, except that on Saturday afternoon there will be no oral examination.
The oral examination of each student will be conducted apart from the other studonts; and the character of that examination will vary according as the student is a candidate for honours, or a studentship, or desires simply to obtain a certificate.
The oral examination and printed questions will be founded on the books below mentioned; regard being hod, however, to the particular object with a view to which the student presents himself for examination.
In determining the question whether a student has passed the examination in suoh a manner as to entitle him to be called to the Bar, the examiners will principally have regard to the general knowledge of law and jurisprudence whioh he has displayed.
A student may present himself at any number of examinations, until he shall have obtained a certificate.
Any student who Bhall obtain a certificate may present himself a second time for examination as a candidate for the studentship or exhibition, but only at the general examination immediately succeeding that at which he shall have obtained snch certificate; provided, that if any student so presenting himself shall not succeed in obtaining the studentship, his name shall not appear in the list.
Students who have kopt more than eleven terms shall not be admitted to an examination for the studentship.
The Reader on Constitutional Law and Lejrul History proposes to examine in the following books and subjects :—
1. Hallam's History of the Middle Ages, chap. 8.
2. Hallam's Constitutional History.
3. Broom's Constitutional Law.
4. The chief statutes from Magna Charta to that of the Union with Scotland.
5. The principal state trials of the Stuart period. Candidates for honours will be examined in all
the above books and subjects; candidates for a certificate in 1 and 3 only, or in 2 and 3 only, at their option.
The Reader on Equity proposes to examine in the following books :—
1. Haynes's Outlines of Equity; Smith's Manual of Equity Jurisprudence (last edit.); Hunter's Elementary View of the Proceedings in a Suit in Equity, part 1 (last edit.)
2. The Cases and Notes contained in the first volume of White and Tudor's Leading Cases. The Act to Amend the Law relating to future Judgments, Statutes, and Recognisances, 27 & 28 Vict. c. 112. The Act to explain the Operation of an Act passed in the 17th and 18th years of Her present Majesty, c. 113, intituled An Act to Amend the Law relating to the Administration of Deceased Persons, 30 & 31 Vict. c. 69. The Act to remove Doubts as to tie Power of Trustees, Executors, and Administrators to invest Trust Funds in certain Securities, and to declare and amend the Law relating to such Investments, 30 & 31 Vict. c. 132; and the Act to Amend the Law relating to Sales of Reversions, 31 & 32 Vict. c. 4. Mitford on Pleadings in the Court of Chancery, Introduction; chap. 1, sects. 1 and 2; chap. 1, sect. 3 (the first six pages); chap. 2, sect. 1; chap. 2, sect. 2, part 1 (the first three pages); chap. 2, sect. 2, part 2 (the first two pages); chap. 2, seot. 2, part 3; chap. 3.
Candidates for certificates of having passed a satisfactory examination will be expected to be well acquainted with the books mentioned in the first of the above classes.
Candidates for the studentship, exhibition, or honours, will be examined in the books mentioned in the two classes.
The Reader on the Law of Real Property, &c, proposes to examine in the following books and subjects:—
1. Joshua Williams on the Law of Real Property (seventh edition).
2. The Law affecting Dispositions to Charitable Uses: Corbyn v. French, 4 Ves. 418, and the notes to that case in Tudor's Leading Cases in Conveyancing, pp. 456—500 (second edition).
3. The Act for the Abolition of Fine* and Recoveries, 3 & 4 Will. 4, c. 74, and the notes to that Act in Shelford's Real Property Statutes (seventh edition).
4. Covenants for Title and their Construction; Sugden's Vendors and Purchasers, chap. 14. s. 3, and chap. 15, pp. 4C5—502 (thirteenth edition).
5. Alienation bv Will. Josiah W. Smith, on Real and Personal Property, pp. 936—1030 (third edition).
Candidates for the studentship, exhibition, or honours will be examined in all the above-mentioned books and subjects: candidates for a pass certificate in those nnder heads 1, 2, and 3.
The Reader on Jurisprudence, Civil, and International Law proposes to examine in the following books and subjects :—
1. Justinian, Institutes. Book 2, with the notes of Satidars.
2. Lord Mackenzie, Studies in Roman Law (edition 1362). Part 2. Tho Law relating to Real Rights, pp. 151—182.
3. Justinian, Digest. Book 8, tit. 3. De Servitutibns Pircdiorum Rustlcorum.
4. Gale on Easoments (editibn 1868), pp. 202—296, 316—333.
5. Code Napoleon. Art. 516—717.
6. Whcaton's International Law. Part 3. International Rights of States in their Pacific Relations (edition Laurence or Dana).
Candidates for honours will be examined in all tho above subjects, but candidates for a pass certificate will bo examined in 1, 2, 4, and 6.
Tho Reader on Common Law proposes to examine in the following books and subjects:
Candidates for a Pass Certificate will be examined in—
1. The Ordinary Steps and Course of Pleading in an Action.
3. Broom's Legal Maxims (4th edition). Chap. 5, "Fundamental Legal Principles," and Chap. 9, "The Law of Contracts."
3. Archbold's Criminal Pleading (16th edition). Book 1, part. 1, chap. 1, sects. 1—5; chap. 4, sects. 1—5.
4. Tho Principles of the Law of Evidence. Best. Evid. (4th edition.) Book 4, The English Law of Evidence in General.
Candidates for the Studentship, Exhibition, or
Honours, will be examined in 1, 2, and 3 of the above subjects, and also in—
5. Smith's Leading Cases (last edition.) Vol. 2, Ehres v. Mawe»; Higham V. Jtidgtoay; IHuhess of Kingston'* ease; Marriott v. Hampton; and Merrywealher v. Nixan, with the notes thereto.
6. Smith's Mercantile Law (last edition). "Mercantile Instruments," so far as regards Bills of Exchange and Promissory Notes.
7. Taylor on Evidence (last edition). Part 1, chapters 3, 4, and 5, "Functions of the Judge," "Grounds of Belief," and "Presumptive Evidence."
Tho Reader on Hindu. Mahommedan, and Indian Law proposes to examine in the following books and subjects s—
1. Sir Thomas Strange.'s Elements of Hindu Law.
2. Sir W. H. Macnaghten's Principles and Precedents of Hindu and Mahommedan Law.
3. Grady's Hindu Law of Inheritance.
4. Grady's Mahommedan Law of Inheritance and Contract.
5. Tho Hedaia.
6. Al Sirajiyyah.
7. Civil Procedure Code, by McPherson.
8. The Indian Penal Code, by Starling (1860).
9. The Code of Criminal Procedure, by Starling (1869).
10. The Intestacy and Testamentary Act. Candidates for honours will be examined in all
the above books and subjects, but candidates for a pass certificate will bo examined—
1. In Hindu Law on the following subjects, viz., Adoption, Alienation, Stridhana, Inheritance, Partition.
2. In Mahommedan Law on the following subjects, viz., Inheritance and Contracts, Gifts, Dower and Divorce.
3. The Civil Procedure Code.
4. The Penal Code.
5. The Criminal Procedure Code.
6. The Intestacy and Testamentary Act.
By order of the Council,
Chairman, pro tern. Council Chamber, Lincoln's-inn, 15th July, 1869.
MICHAELMAS EDUCATIONAL TERM 1869.
Prospectus of the Lectures to be delivered, during the ensuing Educational Term, by the several Readers appointed by the Inns of Court: CONSTITUTIONAL LAW AND LE6AL HI8TORT.
The Reader on Constitutional Law and Legal
go through the cases in Broom's Constitutional
law, illustrating the Duties of the Subject towards
the Sovereign, and the Duties of the Sovereign
towards tho Subject.
Tho Reader on Equity proposes to deliver, during the ensuing Educational Term, Two Courses of Public Lectures (there being Six Lectures in each Course) on the following subjects :— An Elementary Course.
1. On Civil Judicial Procedure in General. The Origin of the Feudal System, and its Influence on Judicial Procedure.
2. On the origin of the Superior Courts of Law and Equity.
3. On tho History of the Court of Chancery.
4. On Review, Rehearing, and the Appellate Jurisdiction of the House of Lords.
5. On the Principles of Equity Pleading.
An Advanced Course.
1. On the Equitable Presumption arising from a Step taken towards Performance of an Agreement.
2. On the Equitable Consequences of the Substantial Performance of an Agreement.
3. On the Equitable Doctrine of Satisfaction.
4. On the Implied Substitution of one Gift for another.
5. On Relief against Accident.
In the Elementary Private Class, the subjects discussed will be, the Creation and Incidents of Express Trusts, and the Remedies for Breaches of Trusts.
In tho Advanoed Private Class, the Lectures will comprehend, the Administration of Personal and Real Assets. The Equitable Doctrine of Conversion.
THE LAW OF REAL PROPERTY, &C. The Reader on the Law of Real Property, &c,
proposes to deliver, in the ensuing Educational
Term, Twelve Publio Leotures (there being Six
Lectures in each Course), on the following
On the 8 & 9 Vict. c. 106, and the alterations effected by that statute in tho Law and Practice of Real Property.
On the Effect of a Testamentary Charge of Debts and the implied Power of Sale thereby created. Advanced Course.
On Marriage and Voluntary Settlements.
In the Elementary Private Classes the Beader will endeavour to go through a Course of Eeal Property Law, using as a text book Mr. Joshua Williams' Principles of the Law of Real Property; and in his Advanced Private Classes he niD examine and comment upon cases selected from Mr. Tudor's Leading Cases in Real Property and Conveyancing, and White and Tudor'B Leading Cases in Equity.
JURISPRUDENCE, CIVIL AND INTBENATIOSJH LAW. The Reader on Jurisprudence, Civil and International Law proposes, in the ensuing Educational Term, to deliver Six Public Lectures on the following Subjects:—
1. The Amendment of the Substantive Law by means of the Law of Procedure, as exemplified in the Roman System of Jurisprudence.
2. The History of the Roman Law of Action;.
3. The various Modes of Trial of Actions at different Epochs of the Roman Law, compared with those of the English Law.
4. The Roman Law with respect to the enfomnj Legal Judgments by execution against the Goods and Person of tie Debtor.
5. The International Rules relating to Capture. In his Private Class, the Reader proposes to
continue the consideration of the Law of Contracts, commencing with the Law of Sale, and contrasting it with the English and French Law npon the same subject. The Text-Books wUl he San. dars' edition of the Institutes of Justinian, and Benjamin's Treatise on the Sale of Personal Property.
The Reader in his Private Class, will contnrae the discussion of points of International Lav relating to " International Rights of States in their Hostile Relations," using the work of Wheatoa as the Text-Book, and referring to the works of the principal modern Jurists, the decisions of the Admiralty and Prize Courts of England atsl America, the Debates in Parliament, and StaD Papers relating to the cases under discussion.
The Reader on Common Law proposes to deliver, during the ensuing Educational Term. Two Courses (of Six Public Lectures eaeh) on tin following Subjects :—
1. Tho Nature and Classification of Bights ol Action.
2. The Remedies supplied by Courts of Lav.
3. The Principal Rules of Evidence ohserred si Civil Procedure.
1. Rights enforceable by Action.
2. The Rules of pleading observed in the Snp* rior Courts of Law.
3. The Trial of a Cause, particularly as regard! the Mode of Proof and Rules of Evidence.
With his Private Classes the Reader will con sidor the above subjects in detail, exemplify then by cases, and explain them by reference to thl following Books and Treatises :—
Elementary Class.—Broom's Commentaries (lasl edition), Smith's Leading Cases (last edition), ad Taylor on Evidence.
Advanced Class.—Selwyn's Nisi Prins. Bnllel and Leake's Precedents of Pleadings, Roscoe Nisi Prius Evidence.
The Reader on Hindu, Maliommednn. and
1. Hindu Law.—(1) The Family Relation, (2| Adoption, (3) Alienation, (4) Stridhana, (5) Inner. tance, (6) Partition, (7) Contract.
2. Mahommodan Law.—(1) Inheritance. (2) Con tract, (3) Gifts, (4) Dower and Divorce.
3. Indian Law.—(1) The Intestacy and Testa mentary Act, (2) The Penal Code, (3) TheCrinunii Procedure Code, (4) The Civil Procedure Code.
With his Privato Classes the Reader will disca'i minutely and in detail the subjects embraced in the Public Lectures.
By Order of the Council,
Chairman pro tern.
The Publio Lectures on Constitutional Law in( Legal History, at Linooln's-inn Hall, on Wcdnc^ days, at 2 p.m.; the first lecture on lOtl November. The Private Classes on Tuesdays Thursdays, and Saturdays, at 10 a.m.; first clasi meets on the 11th November.
The Pubtic Lectures on Equity, at Lincoln's-ini Hall on Thursdays (Elementary Loctnre at 2 p.m. Advanced Lecture at 3 p.m.); the first lecture oi the 11th November. The Private Classes on Monday?, at 3.45 and 4.30 p.m.; Wednesdays and Friday?, at 3.15 and 4.15 p.m.; first class meets on the 12th November.
The Public Lectures on the Law of Real Property, ic, at Graj's-inn Hall, on Tuesdays (Elementary Lecture at 2 p.m.; Advanced Lecture at 3 p.m.); the first lecture on 9th November. The Private Classes on Mondays, Wednesdays, and Fridays, at 11.45 a.m. and 12.45 p.m. first class meets on the 10th November.
The Public Lectures on Jurisprudence, Civil and International Law, at the Middle Temple Hall, on Fridays, at 2 p.m.; the first lecture on 12th November. The Private Classes on Tuesdays and Thursdays, at 3.45 p.m.; Saturdays, at 3.45 p.m.; arst class meets on the 13th November.
He Public Lectures on the Common Law, at the Inner Temple Hall, on Mondays (Elementary lecture at 2 p.m.; Advanced Lecture at 3 p.m.); the first lecture on 15th November. The Private Classes on Tuesdays, Thursdays, and Saturdays, it 11.45 a m. and 12.45 p.m.; first class meets on the 16th November.
The Public Lectures on Hindu, Mahommedan Ure, anl the Laws of India, at the Middle Temple Hall on Saturdays, at 11 a-m. The Private Classes on Mondays, Wednesdays, and Fridays, at 10 a.m.
The Educational Term commences on the 1st Sovember, and ends on the 22nd December.
The First Public Lecture of this course will be lelivered by the Reader on The Law of Real Property on the 9th November, at 2 p.m.
The First Meeting of eaoh Private Class will ate place on the usual Morning or Evening of meeting after the First Public Lecture on the ame subject.
Students who have been unable to attend a Lecture or class of either of their Readers, and «are dispensation as a qualification for call to lie Bar, should make application, with an cxplanaien of the cause of such absence, in writing, to he Reader during the course, or immediately after die delivery of the last Public Lecturo of the eourse; and the Reader's report thereon,
setter with the application, will bo forwarded t' "ie Council of Legal Education, who alone
I the power of granting dispensation,
The Council have resolved that in no case shall Students be allowed to change from the Elementary to the Advanced Courses of Lectures and Coa^H. or vice versa, while qualifying for call to i» Bar, or for the Examinations on the subjects
I "Jie Lectures and Classes.
tion, having been put in and filed, decree on terms of certificate was moved for and passed.
The decree, as passed, contained tho necessary declaration that the infant defendants were trustees of the portion to be conveyed to the plaintiff within the intent and meaning of the Trustee Act 1850 (Bowra v. Wright, 4 He G. & Sim. 265). It further provided for the execution of the conveyance by the guardians on behalf of the infants, and for the vesting of the interests of the infants in plaintiff on execution of such conveyance, under sect. 7 of 13 & 14 Viot. e. 60. Deeds to be produced as court should order, &a. Liberty to apply.
and to amerce the defaulters accordingly. On the last presentation (1868) the court leet fined tho defendant in three sums of 10s., for as many offences, and these were admitted. They now sued for the fines. When ho (Mr. Cave) had called his witnesses, he thought he should have made out a primd facie cose for the defendant, if possible, to answer.
Mr. Charles Henry Beckhuson was then sworn, and stated that he was clerk to Mr. Graham (town clerk). He had attended the court leet meetings for the past fifteen years. He produced the presentments of that body from time to time made. Tho corporation have acted as lords of the manor for the past thirty years, to his knowledge. He had searched for the original grant, but it was well known that it was lost: under that grant the rent of 20J. 3s. 4kj. was reserved, and it was paid every year. The last payment was in November last, by cheque sent to Mr. Benyon, and a receipt was sent back; it passed through witness's hands. The rent was sold by auction by tho Crown, and Mr. Benyon became the purchaser. He produced the presentment- of the court leet for the years 1799,1844-50-54-60-68. All the intermediate ones were at the office of the town clerk. Witness attended the last meeting of the court leet in 1868, and acted at that time as deputy steward of tho manor. Mr. Graham (town clerk) was steward of the court leot and court baron.
A portion of the presentment imposing the amercements in question on the defendant was then read, and also another portion stating that these amercements of 10s. were customary.
Cave, on looking at the presentment for 1799 and other earlier ones, observed that tho word " customary" was not contained in them, but not a doubt existed that the amercement in question was reasonable and legal. This was his contention.
His Honour observed that the payment of 10s. could not be customary on aocount of the change in the value of money, and that point had been decided.
The witness in cross examination said: We can produce all the intermediate documents from 1799 to 1844 if you wish it. I only brought these for convenience. The court leet hold their meetings annually. I remember the case of Tucker some twenty years ago, when the question was raised whether an escheat which occurred in Newbury appertained to the lord of the manor of Donnington or of Newbury. Some years ago there was great neglect, and encroachments were made, and as they had existed for a considerable period they were allowed. With these exceptions partios have paid these amercements pretty well, but still there were two or three persons who persisted in objecting to pay, and no legal proceedings have ever been taken against them. Mr. Graham has been steward since about 1852, and he has presided at the greater number of the court leet meetings since that time. At those at which I have presided I have had no written appointment. The other defaulters mentioned in the last presentment were not amerced on account of the corporation having consented to a new road in that locality, towards which the said defaulters had subscribed.
His Honour having referred to the statutes, said that he thought that the title of a franchise was bona fide at issue, and that clearly he had no jurisdiction without the consent of the defendant, which was withhold. By the County Court Act 1846, s. 58, the County Court had no jurisdiction as to franchises or the title to any corporeal or inoorporeal hereditaments. By the County Court Act 1856, s. 25, power was given to the court to try questions as to franchises or any corporeal or incorporeal hereditaments with the consent of both parties. By tho County Court Act 1867, ss. 11, 12, the court has power to try questions of title as to corporeal and incorporeal hereditaments not exceeding the annual value of 20L, but this clause did not, in his opinion, extend to franchises, or, at all events, to franchises like the present, the annual value of which it was impossible to estimate. He, therefore, held that the court had no jurisniotion, and therefore he could make no order.
Cave.—If then the title to the franchise is at issue, we are justified in going to a Superior Court.
Cave.—Thank you, sir, that is all we want.
Pinniger applied for the attorney's fees, as he said it was a case of no ordinary nature. It was a far more difficult case to get up than a mere action for debt.
Cave objected, and said it was merely an action to recover a debt.
His Honour took the view of Mr. Pinniger, and advised Mr. Cavo to allow the attorney's fee.
The fee (15s.) was then allowed.
NOTES OF SEW DECISIONS.
Omihu Is mwrmmRwt Dioceses—PracTBi—Cocsr or Aijtns.—In articles against a doi. off*nc« of ineontinencv were charged to have been committed in the dioceses of Lincoln and London. The clerk wu beneficed in the dioceiw of Lino. In. and the Bishop of Lincoln •eats the caae by letters of request to the Arches Court h> the first instance: Held, that though where there baa been a commission of inquiry, which has limited its investigation to a particular offence, the articles afterwards exhibited cannot add to the offence inquired into by the commission, another offence committed in another diocese that did noc come within the •cope of this inquiry: yet there is no objection to coupling in the articles offences committed in different dioceses, where the bishop sends the caae by letters of request to the Court of Arches in the first instance. The Church Discipline Act by sect. 20 require* only that the corpus delicti on which the clerk is to be judged shall be shown to hare been committed within two years before the service of the citation: but evidence of matters anterior to that period is not thereby excluded: (Edtcardt v. Moss, 20 L. T. Key. X. S. 83-1. l'riv. Co.)
the Marriacre Law Commissiou. The Bill directed that such fee» shall hi no ease <?xeeed 4M*.T exclusive of stamp doty: but. on the motion of the Archbishop of York, this limitation has boen 'truck oat. the committee dividing seven against I six. Lord Beanohamp proposed clauses applying I to suits against bishops for offences against the laws ecclesiastical; but the clauses were rejected by a vote of five against three. The Bill now contains 113 clauses. One of them provides that on proceedings being commenced against a clergyman for ^any offence" aeainst the laws | ecclesiastical he may be inhibited from performing | the services of the church pending the prcoeedinsrs | if it appears to the bishop that scandal is likely to arise from his continuing to perform such services.
NOTES AND QUERIES ON
ly.B.—Son* »re inserted onleae the name and addre* o! tne writer* are sent, not neceaauilf (or publication, bu: a. i gnamuee for tou JldmJi
Ecclesiastical Courts Bill.—The Lords' Select Committee have adopted Lord Shaftesbury's Bill, and not that of the Archbishop of Canterbury, but have made some amendments in the Bill. They have struck out the clauses which proposed the trial of disputed facts before assessors or jurymen, three clergymen, and three magistrate's. Early in the deliberations of the committee the subject of prosecutions of the clergy came under consideration, and the committee proceeded by resolutions. On the motion of Lord Carnarvon it was resolved that it be open to the laityas well as the clergy to prosecute in all cases of offences against the laws ooclesiastieal. The same peer then proposed that it be resolved that, before the institution of such a soit, the consent of the bishop he obtained, with an appeal, in case of his refusal, to the archbishop; but Lord Cairns moved, as an amendment, that "suits against clerks for offences against the laws eoolesiaxtical shall be commenced either by the bishop of his own motion, or by three members of the Church, being inhabitant householders of the diocese: provided always, that, in the case of a charge of teaching or maintaining unsound doctrine, a written statement of the particulars on which such charge is founded shall, in the first place, be laid before the bishop, who may, if he shall think that such statement does not contain sufficient prima facU gronnd for proceeding, refuse his assent to the institution of the suit, subject, however, to an appeal against such refusal to the archbishop; and the appellant may appear before the archbishop either in person or by counsel on his behalf in support of the appeal." Lord Carnarvon's resolution was negatived by a vote of eight against five. The Bishop of Gloucester and Bristol moved to leave out "diocese" in Ixjrd Cairns' resolution and insert "parish;" but the motion was rejected by five against fonr. The Marquis of Salisbury proposed to include among the prosecutions requiring the bishop's assent such as are for "any offence against tho directions of the Book of Common Prayer;" but this motion was lost on a division by ten against three. Lord Cairns' clause being on a later day formally proposed, the Bishop of Gloucester and Bristol moved to leavo out the words "in the case of a ohargeof teaching or maintaining unsound doctrino;" hut the motion was rejected by Heven against three. The bishop then proponed, after "doctrine," to add " or of contravening the directions of the Book of Common Prayer for the performance of Divino service and the administration of the Sacraments according to the usa>re of the Church of England :" but the motion was rejected by eight Uf.-uin.st three No one seems to have proposed to define the phrase, " members of the Church of England;" yet its meaning will have to be ascertained, and if it could be stated in tho interpretation clause, which defines thirtyseven other terms nsed in tho Bill, heavy expenses might be saved. Tho clauso authorising rules anil orders to be made by the two archbishops, and directing that tho rules and orders be submitted to Her Majesty in Council for confirmation, is of a very comprehensive character. Earl Beauchamp made an unsuccessful attempt to have it directed that the rules and orders be laid before Parliament also. Lord Westbury obtained the addition of a proviso allowing any person affected by such rules and orders to petition to be henrd before the council. Tho rnlos and orders may alter and rognlato tho fees on marriage i ccnccs, tho abolition of which is recommended by
CORRESPONDENCE OF THE PROFESSION.
pToTK.—This department of the Law Timer neiny open to free dwcn.-<*ion on all protoMaorxU toirie». the Editor is not reatpooaviiVM for way opmiotu or sEAaWuwniJi contained in it.}
Beoitlatioxs Op The Inns Op Cocbt.— The Regulation* of the Inns of Court enact that "no attorney-at-law, twlicitor, Ac, and no clerk I of or to any barrister, attorney, solicitor. Ac. j shall be admitted aa a student at any inn of court for the purpose of being called to the Bar, | Ac, on til sneh person shall hare entirely and ■ bondjuie ceased to act or practise in any of the l capacities above named or described; and if on ! the roll* of any court, shall hare taken his name off ! the rolls thereof.'' Bat there is no regulation enactt in«? that any tailor, barber, or draper, Ac, before being admitted as a stndent Bhall give up his business of tailor, barber, draper, Ac Surely this is unfair, and presses hardly upon those whose whole life has been spent in the study of the law, and | who would therefore reflect more credit on the Bar ; and on the country at large than any number of tailors and barbers. These latter might, indeed, I be able to adjust their respective gowns and wigs i with greater nicety than a poor attorney who has had no experience in such things; but in matters of law I doubt whether the tailor or barber with his three years' study would be comparable with the despised attorney or his clerk. The case is this:—A tradesman who wishes to raise himself in tho scale of society by being called to the Bar is permitted to carry on his business during his studentship; but this privilege is denied the attorney or attorney's clerk who, before entering his name as a stndent. must give up his employment which, unless he have private fortune, he cannot afford to do. C. B.
^The reason of the regulation is obvious, namely, as nearly as possible to place men on an equal footing on going to the Bar. As it is, solicitors going to the Bar have an immense advantage, and unless the general system is to be changed, we do not see that, in fairness to those already at the Bar. the concession referred to should be made.—Ed.]
Final Examination.—I am about to commence reading for my final examination, and having no one to assist me, I should be glad if you or any of your correspondents would kindly trace out a course of study for me to pursue. Aud at the same time to mention the most useful books for mo to read with a view to passing in all tho subjects required by such examination. Studens.
Pasturaoe On Highways.—I have noticed the explanations which you afforded in your issue of tho 17th inst, to my letter from the Wisbech Adver| titter, and infer from them that where the owner of tho herbage has a keeper with his cattle who keeps j them off tho " central or gravelled" part, ho can] not bo lawfully convicted for their " straying," but I apprehend there would not be much difficulty in I obtaining a conviction under the old law (5 A 6 J Will. 4, c 50), for "wilfully obstructing the free I passago of a highway," in which I am strengthi ened by Cockburn, C. J., who is reported to have said in Freestone v. Casswell, 4* it is well settled i that a passenger along a highway may, if he pleases, walk or ride over these strips of grass, and they are part of the highway."' I beg therefore to repeat my conviction that tho owners of herbage by tho sides of our ordinary highways, can only lawfully enjoy that herbage by mowing it.
Observer. [A passenger has a right of way undoubtedly, but the existence of a right of way does not provent the owner from taking the benefit of his land in any way he pleases which does not destroy the right of way or obstruct its exercise. The decision of Cockburn, C. J. simply decidos that a passenger may walk on the strips of grass, not that he may, by insisting on passing over them, exclude the owner from pasturing his cattle there.—Ed.]
61. Dnwis.i Leases.—In drawing leases (and tat same remark applies to conveyances) under tb*8ifr Vict. e. 124, mast the number of section* be placed consecotrrcly for the take of conformity, or numbered u in the Act. For instance, take the first three covenant*: —1. That the said lessee covenants with the said lesson to paj the rent. 2. And to pay taxes. 3. And to repair, Presiinrinjr the second covenant is omitted, wonll So. 8 covenant be described as No. 2 or No. 3?
62. BAsxarrrcT—S A Last Is Liec or Noncx.—Aud
B. solicitors and co-partners, verbally engaged C, u conveyancing clerk, at a certain salary with a stipulation that two months* notice should be given by ntherpartT. to determine the en^agenient. A. and B. suddenly so* peuded business and absconded in insolvent circumstances, leaving their estate to be wound-up by their creditors. A petition in bankruptcy was immediatelr filed by one of the creditors, but owing to a (ufictutj arising which prevented an adjudication being made the proceedings became in effect nugatory, the obstacle being of a nature which could not be surmounted. Sine* the tiling of the petition a clue to the whereabout* of the abscou'ling debtors has been obtained ithey being in the United States i, and a power of attorney has been trepared and seat out for execution by them, bat same has not yet been returned. A month's salary, betcxaU that was due to C., up to the day of filing the petition, has been paid to him by a relative of A. and B,, and a simple receipt given for same; but C. purposes sending in to, and threatening to enforce a claun against, the persons appointed to act under the power of attorney, for two months' salary in lieu of notice. Will any of jour able correspondents kindly say whether tin cast the estate is wound-up either in bankruptcy or under the power of attorney j, C's. claim is enforceable as a preferential claim, or whether he can only prove for same? And if his position would be in anywise improved by there being no further prooeediogs taint in Imnki-uptey? P.
65. Cosvetjjccx—atiKfiiED Womju.'.—In a conveyance by mortgagee under a power of sale (the purchase money being less than the amount due under the mortjaste), exercised at the request of the mortgagers, who Joined simply for the purpose of testifying such request, two of the mortgagors are married women. Is it necessary they should acknowledge the deed in the usual luawitr 't A. J. H.
(Q. 56.) Wiix— Pebtetvitt.—I think that under the will the copyholds stood limited to B. for life, with remainder to her children successively, according to seniority, for their respective lives, with remainder to
C. for life, with resuainder to her children successively, according to seniority, for their respective lives, with remainder to D., in fee. Assuming that the custom of the manor admits of an entail, it cannot be successfully argued. Parr r. Strindtfis 4 Buss. 283, and Doe v. 6au,.sL 3 Ad. & El. 340, that by force of the words "aixl from and after the decease of all and every the said children or issue of the said B.," B. took an estate tail expectant upon the life estate of her last survivinc child. The children or issue on whose decease B. and her children are to take are *' the said chidren or issue," and the only issue previously mentioned are the children to whom life estates were limited. ** Issue," therefore, appears to be used by the testator as an idle tautological synonym for "children." The cases of Walker v. PetcMl, 1 C- B. 652; !>>« d Gotdnght T. DunJuun, Doug. 264; Malcolm v. Taylor, 2 B. A M. 416; aud Baker Y. Tucker, 3 H. of Ii. Cas. 406, may be referred to. The ultimate remainder limited to D., if undisivsod of by him, of course descended on his customary beir. If contrary to the view which I entertain B. should be held to have taken an estate tail vested tub mod*, i.t~, subject to open and let in the life estates in remaiuder, C. must of course be held to have taken an estate in remainder expectant on B.*s estate tail, and similar to it, and B. having never barred the remainder, C. would be now tenant for life, with remainder to her children successively, according to seniority, for theif respective lives, with remainder to herself in hiil. 1 do not, however, think that there is the least chain* that such a construction can prevail. Z. T.
W. 0. WHELAN. Esq. Tho late William Curteis Whelan, Esq.. barrister-at-law. of Heronden Hall, Tenterdon, Kent. who died in Montepelier-sqnare. Brompton. on the 3rd ult., was the only son of the late Williaa Whelan, Esq., banker, of Heronden Hall (who 'M in 1851), by Elizabeth Bradley Jane, only daughter of Cornelius Neap, Esq.. of London, and was oorn in 1817. The deceased, who represented a family of Irish origin, wa-i called to the Bar at Lincoln's Inn in 1812; ho married in 1851 Katherine Frances, eldest daughter of Jamos B. Planchc. E«q.. of thtHerald's College, and has left, with other issue, William Hugh Curteis, born in 1853.
THE COURTS & COURT PAPERS
CHANCERY NOTICE. During the Vacation, all applications to the Court of Chancery which are of an urgent nature are to be made to or at the chambers of the Vice Chancellor Sir William Melbourne Jamos.