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Rawlirgs, William, Battersea pk rd, Furniture Dealer. Vay 14 at 3 at
EDE AND SON offices of Blewitt and Tyler, Gracechurch st Richardson, Joseph Ferguson, Castle Bytham, Lincoln, Fa, mer. May 18 at Il at offices of Thompson and Co, Barn hill, Stamford
MAKERS Riches, James, Palling-next-the-Sea, Norfolk, Farmer. Jay 20 at 3 at offices of Wiltshire, Ball plain, Great Yarmouth
BY SPECIAL APPOINTMENT, Ridd, Richard, Bickington, Devon, out of business. May 21 at 12 at
To Her Majesty, the Lord Chancellor, the Whole of the Judicial Bencb offices of Thorne, Castle st, Barnstaple
Corporation of London, &c. Roberts, Henry, Deptford, Kent, Beer Retailer, May 13 at 1 at oiices of Ody, Black man st, Southwark
SOLICITORS' AND REGISTRARS' GOWNS, Robinson, Howitt, Nottingham, Boot Maker. May 14 at 3.30 at offices
BARRISTERS' AND QUEEN'S COUNSEL'S DITTO, of Marsland, St Swithin's lane Rosenthal, Alfred, Falcon sq, Trimming Manucturer. Niy 19 at 3 at
CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, &C 17, Ely pl, Holborn, Graham
'ESTABLISHED 1689. Scrigsbaw, Charles, Billesdon, Leicester, Farmer, Mar 18 at 12 at
94. CHANCERY LANE, LONDON. offices of Fop ler and Co, Grey Friar chambers, Friar )ine Leicester Shepherd, Joseph, Rochdale, Lancaster, Flock Dealer. May 19 at 3 at offices of Standring and Taylor, King st, Rochdale
RESTAURANT PARISIEN Smith, John Brown, East Dereham, Norfolk, Farmer, May 24 at 11 at
(LATE MADME. JANET), the Broad Face Hotel, Reading. Creed
10, CASTLE-STREET, HOLBORN Srelson, Samuel, A.hby-de-la-Zonch, Leicester, out of business. May
(OPPOSITE THE PRUDENTIAL INSURANCE COMPANY). 13 at 12 at offices of East, Temple st, Birmingham
First-class Luncheon Bar for gentlemen in the neighbourhood, Pablio St. Leger, Martin, Macclesfield, Beerseller. May 25 at 3 at the Pack and Private Dining Rooms. Dinners for 3s. 60., 48, 6d., 5s, 6., 78. 6d., Horse Ion, Jordan gate, Macclesfield, Snape, Macclesfield
and 108. 6d. Will be served in the Private Dining Rooms; no extra Stokes, Frederick, Walsall, Stafford, Buckle Maker. May 14 at 3 at the charge for room or pianoforte. Choicest Wines, Beer, and Spirits.Stork Hotel, Walsall. East, Birmingham
Proprietors, DOBER BROTHERS. Siretch, Demetrius, Forest, Cripplegate, Furnishing Undertaker. I 20 at 2 at offices of Hindson and Co, Moorgate st
AN IMPORTANT CONVENIENCE TO LAW WRITERS AND Strong, Anthony, Barrow-in-Furness, Licensed Victualler and Ferry.
SOLICITORS. man. May 15 at 11 at Trevelyan Temperance Hotel, Church at, Barrow-in-Furness. Sims, Burrow-in-Furness
STEPHENS SCARLET INK FOR STEEL PENS S'yan, Annie, Hulme, Lancaster, Stationer. May 18 at 3 at offices of
This new Ink Supplies the demand continualiy made but never Edwards and Jones, Brazen nose st, Manchester
before met, for a Red Ink which is uninjured by Steel or other Sweet, John, Kingsland High st, Draper. May 20 at 2 at offices of
Metallic Peng. Steel Pens left in this ink for months do not impair Lydall, Southampton buildings, Chancery lane
the beauty of its colour, por are the Pens in the least corroded by it. Symons, David, Walworth rd, Clothier. May 14 at 12 at ofices of
The existing Red Inks rapidly destroy Steel Pens, and lose their red Medcalf, King st, Cheapside
colour it used with other than Gold or Quill Pens. This new colonr Taylor, Henry Frederick Hudson, Croydon, Surrey, Pro ision Merchant is a very rich scarlet red of great beauty. The colour of this ink is May 12 at 3 at offices of Pratt and Co, Old Jewry Cb: m cers. Davis, not affected by use upon parchment, and is consequently of great Moorga e st
value to Solicitors and Draughtemen. Thompson, Richard, Dearham, Cumberland, Innkeeper. Yay 18 at 11 Sold in stone bottles, retail at Is., 28., 38: and Imperial Quarts of at offices of Orllin, Kirby st, Maryport
41 ounces at 68. each. Also in glass bottles at 6d. and ls. each. The mpson, William Mort, Piccadily, Dealer in Works of Art. May 13
at 3 at offices of Dod and Longstaffe, Berners st Tondeur, Cleon, Bishowearmouth, Durham, out of business. May 17
The Companies Acts, 1862 to 1879. at 12 at offices of Tilley, West Sunniside, Sunderland Turner, Mary, Leeds, Grocer. May 16 at 11 at offices (f Bointon, old
Every requisite onder the above Acts supplied on the shortest notice Bank Obambers, Leeds
The BOOKS and FORMS kept in stock for immediate usa Twemlow, Christopher, Kidderminster, Butcher. May 13 at 4 at offices MEMORANDA and ARTICLES OF ASSOCIATION speedily printed of Crowther, Bank buildings, Kidderminster
in the proper form for registration and distribution. SHARE CERWalls, Thomas Nelson, Bishop Auckland, Printer. May 18 a: 3 at TIFICATES, DEBENTURES, &c., engraved and printed. OFFICIAL otices of Edgar, Silver st, Bishop Auckland
SEALS designed and executed.
Solicitors' Account Books.
at il at offices of Leppard and Co, St Peter's s', St Albans, Herts
Stationers, Printers, Engravers, Registration Agents, &c., Wood, John, Burasten, Salop, out of besidess. May Il as 11.30 at the 49, FLEET-STREET, LONDON, E.C. (corner of Serjeants
Swan Hotel, Burford. Thursfield
ind). offices of Gillespie Bros, Westgate rd, Newcastle-22; »..-Tyne. Sewell
Annual and other Returns Stanned and Filed.
CHASED in any quantities. Old Wordsworth, Hewley Charles, and Arthur Hart, Slosi est, Knights
ledgers, newspapers, magazines, letters, inbridge, Homæpathic Chemists, May 26 at 2 at offices cf Pooley, Sloan
voices, &c. All papers destroyed, being rest, Knightsbridge
duced to pulp for re-manufacture. Vans collect daily within twelve miles of London. Highest prices returned per P.0.0. Country parcels secure' immediate attention. PHILLIPS, MILLS, & Co.'s Works. 3, Amber
ley Wharf, Paddington. Anti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pure Soluble Cocoa of the Finest Quality, with the KINAHAN'S LL WHISKY. excess of fat extracted.
The Faculty pronounce it "the most nutritious, perfectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for INAHAN'S LL WHISKY. Pure, Mild and Invalids and Children."
Mellow, Delicious and most Wholesome. Universally recomHighly commended by the entire Medical Press.
mended by the Profession. The Cream of Old Irish Whiskies. Being without sugar, spice, or other admixturo, it suits all palates, INAHAN'S LL WHISKY. Dr. Hassall sayskeeps better in all climates, and is four times the strength of cocoas THICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER
“Soft and Mellow, Pure, well Matured, and of very excellent chan such Mixtures.
quality.” Made instantaneously with boiling water, a teaspoonful to a Break. KINAHAN'S LL WHISKY. Gold Medal, Paris fast Cup, costing less than a halfpenny.
Exhibition, 1878; Dublin Exhibition, 1865, the Gold Medal. COCOATINA A LA VANILLE is the most delicate, digestible, cheapest
20, Great Titchfield Street, London, W. Vanilla Chocolate, and may be taken when richer chocolate is prohibited.
RAND AND CO.'S OWN SAUCE. In tin packets at 1s. 60., 38., 58. 6d., &c., by Chemists and Grocer.
Charities on Special Terms by the Sole Proprietors, SOUPS, PR E SE R VED PROVISIONS, H. SCHWEITZER X CO., 10, Adam-street, London, W.C.
POTTED MEATS and YORK and GAME PIES, MR. G. H. JONES,
ESSENCE OF BEEF, BEEF TEA, SURGEON DENTIST, 57, GREAT RUSSELL-STREET, LONDON TURTLE SOUP, and JELLY, and other
(Opposite the British Museum), Will be glad to forward his Pamphlet on Painless Dentistry, free,
SPECIALITIES for INVALID S. enclosed by post, which explains the most unique systern of the adjustment of ARTIFICIAL TEETH without pain.
CAUTION :-BEWARE OF IMITATIONS.
( 11, LITTLE STANHOPE STREET, MAYFAIR, W
RICHARD FLINT & CO.
ILD PARCHMENT PUR
SCHWEITZER'S COCOATINA, I WASTE PAPER
534 535 536
537 538 538
539 ...................................... 540
refer to this case for the purpose of pointing out that the prohibition of the commissioners was sprung upou the applicant without any warning. No such restriction
as that laid down by them is to be found in the TradeLONDON, MAY 15, 1880.
marks Registration Acts or Rules, or even in the In. structions to Applicants issued by the registrar, and it
is inconvenient that general rules of this kind should CONTENTS.
be laid down without the fact of their existence being CURRENT TOPICS:-Removal of the Chancery Paymaster's Qffice .................. 533 brought to the knowledge of the public. In In re Brook The New Chief Clerk .................................... 533 (26 W. R. 791) a set of regulations laid down by the The Chancery Paymaster..... Regulations of the Commissioners of Patents ...................
commissioners was produced in the same way, and it The Decision of the
Committee on Mr. Bradlaugh's Case........ 533 certainly seems that it would be far preferable for such Fire Insurance Contracts........
534 regulations as recommend themselves to the commisLEADERS :Ministerial Re-election.....
sioners to be introduced into the rules under the RegisGift over on Death without Children
tration Acts, which could very easily be done by the act GENERAL CORRESPONDENCE...
of the Lord Chancellor and the assent of Parliamento ABES OF THE WEEK:-Wheat Unity Wood Mining Company, In re The
If this course were adopted, the instructions issued by Metropolitan Bank, In re The
the registrar would be easily confined to their proper Stapleford Collieries Company, la re The........................ 537 Ward y. Eyre ..................................................
function of advising applicants as to the mode of proJones v. Baxter ...........
cedure which they should adopt, leaving questions Rotherham's Trade-mark, In re..... Official Liquidator of Economic Benefit Building Society v. Swift 538 affecting trade mark owners' proprietary rights to be Browny. Lomas...........
decided by rules having the force of law, or by the court. Attorney-General v. Mayor of Leeds .......................... 539
Thomas v. Williams
THE SELECT COMMITTEE appointed to consider the
"solemn promise" instead of taking the parliamentary COMPANIES .............................................. 541 SOLICITORS' CASES................................................ 541
oath have reported, by a majority of one-being the COUNTY COURTS.................................................. 512 casting vote of the chairman—that in their opinion ho CREDITORS' CLAIMS ............................................ 543 has no such right. For reasons already given, we think Court PAPERS ................................................ 544 LEGAL NEWS .................................................. 545
the conclusion of the committee is correct, but it PUBLIC COMPANIES ............................................ 545 is plain that it lands all parties in a somewhat awkLONDON GAZETTES, &c., &c. .................................... ward position, as neither the conclusion of the committee CASES REPORTED IN TAE WEEKLY REPORTER. Practically, however, Mr. Bradlaugh is at present
nor of the House has any binding force in law. Babcock and others v. Lawson and others (App.).. ............. 591 Bustros v. Bustros (Ch.Div. V.C.H.)
excluded. If he sits without taking the oath his seat Chapman v. The Midland Railway Company (App.)
becomes vacant by the terms of the Act. If he once Collins v. The Vestry of Paddington (App.).
more claims to make the solemn promise, there is Egremont Burial Board v. Egremont Iron Ore Company (Ch. Div. VC.M.).
no legal machinery for compelling an officer of the
................. 594 Johnstone's Settlement Trusts, In re (V.O.M.) .................. 593 House of Commons to receive it. It has, indeed, been Kelly y. Byles (App.) Liverpool, Overseers, &c., of, v. Lancaster County Lunatic Asyl um
suggested-looking, perhaps, to the words of the 6th (Ex.Div.).
600 section of the Act of 1866, that the oath is to be taken Queen, The, v. Gaskarth (the Chairman of the Altrinchan Local “at such hours and according to such regulations as Board) (Q.B.Div.)
596 Queen, The, v. Hutchins (Q.B.Div.)
the House may direct "—that the House might frame a Taylor's Settled Estates, In re (Ch.Div. V.C.H.)
594 regulation to meet the case. We cannot but think that Wilson v. Wallani and others (Èx.Div.)
any such regulation would be clearly illegal. Much misapprehension, indeed, has arisen as to the powers of
the House of Commons in the matter, the question of CURRENT TOPICS.
the appointment of a committee having been apparently
debated partly on the supposition that if the committee AFTER SATURDAY, the 15th inst., the business of the should recommend that Mr. Bradlaugh be invited to Chancery Paymaster's Office will be conducted at the take his seat upon making a "solemn promise" under Royal Courts of Justice.
the Evidence Amendment Act, 1869, he might do so, and
thus put an end to the controversy. But the words of Mr. EDWARD LIONEL ALEXANDER CLARKE, of the firm
the Parliamentary Oaths Act, 1866, are (section 5) that of Messrs. Church, Sons, & Clarke, has been appointed in the said house, or sits during any debate after the
" if any member of the House of Commons votes as such Chief Clerk to Vice-Chancellor Sir James Bacon in place of Mr. J. B. Allen, deceased.
Speaker has been chosen, without having made and subscribed the oath bereby appointed [the form but not
the substance of the oath, is altered by the Promissory WE LEARN that, although the Chancery Paymaster is
Oaths Act, 1868], he shall be subject to a penalty of announced to remove to his new quarters on Saturday, Ave hundred pounds for every such offence, to be rehe has not yet succeeded in obtaining from the Treasury covered by action in one of her Majesty's superior courts, the extra clerks required to enable him to divide his and in addition to such penalty his seat shall be vacated ledgers over six rooms instead of four. It is understood in the same manner as if he were dead.” The liability that the office of the Bank of England for cashing to the penalty therefore is statutory. It could be desmall cheques, attached to the Paymaster's office, will clared not to exist by judicial decision, but it is clearly be situated close to the entrance in Bell-yard, hitherto removable, if it exists, by statute only. The curious un used, which leads to the Paymaster's rooms, and that precedent set in 1858 by 21 & 22 Vict. c. 49, by which this entrance will in future be open during business hours. either House of Parliament was, for the purpose of
admitting Jews, enabled by resolution to dispense with
the words “ upon the true faith of a Christian," which AS WILL BE SEEN by referring to another column, the concluded the parliamentary oath of that period, might Court of Appeal have affirmed the decision of Vice- perhaps be suggested as convenient to follow; but the Chancellor Bacon in the case of Rotherham's Trade- statute itself, except section 4, which relates to official mark, in which that judge overruled the regulations of patronage, was repealed as unnecessary by the Prothe Commissioners of Patents prohibiting the registra- missory Oaths Act, 1871, 34 & 35 Fict. c. 78, (the tion as trade-marks of words in foreign languages. We l amending Act, 23 & 24 Vict. c. 63, which substituted a
standing order for a resolution as the machinery of admission, having been previously repcaled by the
MINISTERIAL RE-ELECTION. Parliamentary Oaths Act, 1866), inasmuch as the cath
The defeat of the Home Secretary at Oxford seems to prescribed by the Parliamentary Oaths Act, 1866,
afford a favourable occasion for considering a question of omitted the words “upon the true faith of a Christian,"
some importance. Into the political aspect of the occurrence the only words of religious adjuration contained in it
-if, indeed, it has any political significance-we do not being “So help me, God." A more convenient course
propose to enter; the question to which we invite atten. would seem to be to introduce an amending Bill follow
tion is of wider scope and more general interest than lies ing the model of the Evidence Amendment Act, 1869,
, | within the domain of party politics. under which a person objecting to take an oath in
Is there any longer any good end to be gained by the & court of justice may make a declaration instead, “if
exclusion, temporary or permanent, of placemen from the presiding judge is satisfied that the taking of an oath
Parliament ? If not, is there any valid reason for conwould have no binding effect on his conscience;” the
tinuing the operation of the 6 Anne, c. 41 (commonly word “ Speaker” being substituted for the words “presid.
cited as 6 Anne. c. 7), ss. 24, 25 ? and if there be no such ing judge.”
reason, then would not the repeal of the provisions in
question be a valuable, and is it not an urgent, measure “THE CONTRACT with the grantors of the (fire) policies,”
of reform? said the Master of the Rolls, in North British and Mer.
The statute in question was passed in the first session cantile Insurance Company y. London, Liverpool, and
of the first Parliament of Great Britain, and was mainly Globe Insurance Company (L. R. 5 Ch. D. 576), " is a con.
directed, as is shown by its title and preamble, towards tract of indemnity, and indemnity only. It is to in
more effectually securing the succession of the Crown in demnify R. & Co. against loss by fire." And the Court
the manner prescribed by the Act of Settlement, and of Appeal in that case held that if the assured, having a
guarding against certain dangers, not unreasonably right to obtain indemnity from a third person, came
apprehended, consequent upon the union with upon the insurance company, the latter were entitled to
| Scotland then just completed. It was notorious be subrogated in the place of the assured. One result ) at the time, and is matter of history now, of the application of this doctrine does not seem to have
that the great majority of the Scottish nobility and been understood until it was pointed out by the Court of
gentry were then strongly Jacobite ; indeed, one of the Appeal on Wednesday last. If a landlord insures his
reasons which most imperatively urged the Government premises, and a fire occurs, and the premises are rebuilt
to press on the Union was the fear that a reactionary or reinstated by the tenant before any claim is made on
majority in the Parliament of Scotland might leave only the policy, the landlord cannot recover anything from
the alternative of a separation of the Crowns or a civil the insurance company. And if, after the landlord has i war. But the presence of so considerable an addition to received the insurance money, the tenant rebuilds or the Jacobite contingent, already inconveniently strong, reinstates the premises, the insurance company can in the Parliament of England, created a new danger of recover back the insurance monies from the landlord, la different kind. It is to be remembered that of the 512 either by the old common law action for money had and members for England and Wales only about two hundred received--the actual sum of money paid upon a condition (ninety-four for the counties, and 110 or thereabout for that a person had sustained loss, and no loss had been the cities and a section of the boroughs) were returned for sustained-or equitably on the ground that the assured
constituencies in any way amenable to public opinion ; had been indemnified by the insurance company, and the
all the others, forming a considerable majority of the insurance company had a claim to be subrogated in the
whole, sat either as mere nominees of individuals, place of the assured.
or for boroughs whose representation was entirely in the hands of the town council or some similarly
restricted body. A great number of these seats were Animals, says the Albany Law Journal, were prosecuted in completely at the disposal of the Government of the day, courts of jastice between the thirteenth and seventeenth and many of the others were in the hands of noblemen centuries, for injuries by them to homan beings or private and gentlemen who might very easily, it was appreproperty; and were subjected in due form of law to trial, hended, be induced to join the cause of the Pretender, at judgment, and sentence the latter often that of death in
any rate after the death of the then reigning Queen. a crnel manner. This singular practice arose partly from
Anne's own predilection for her brother, and discontent a desire to apply the lex talionis in judicial form to the
at the prospect of the Hanoverian succession, were well offending animal, and partly from superstition. (Agnel, Procès contre les Animaux, preface and pp. 31-2.) Where
known to every one. If, therefore, even a very few of physical seizure of the offender was impracticable (e.g. of
the members on the popular side could be detached flier, locusts, caterpillars, &o., who injared the crops of
when the crisis arrived, it would seem to be not only the country, so as at times to create a famine), recourge
feasible but easy for a reactionary Ministry to set aside was had to the ecclesiastical courte, by whom
the Act of Settlement, and proclaim, with the assent of jadgment of anathema and malediction was fulminated | Parliament, the restoration of James III. against the offending insecte, who were considered as sent And the means for doing so lay ready at hand. Men bad by some demon. Here again legal forms were observed, not forgotten how, during the long parliament of Charles and counsel often appointed to defend the insects. In II., opposition in the House had been, on more ttan one Savoy, in 1587, a prosecution was institated against certain critical occasion, bought off with place; and they had but weevil or vine gruba. The counsel for the grubs (unfortu- to turn their eyes across the Channel, to the Parliament nately his name is omitted in the report of the case) pre supposed to represent the people of Ireland, to see the sented argument after argument, until tbe prosecutor
wonderful ease with which, by the creation of a multipli. became worn ont, and finally offered the insects a locality
city of well-paid offices, held at the pleasure of the to which they might retire. Their counsel first demanded & delay to consider the offer; then came into court several
Crown, and kept in store for the silencing of troublesome days after, and in the name of his clients declined to accept
opponents, even the most naturally intractable assembly it, becanse the locality offered was sterile, ayd produced
can be kept in the paths of docility and submission. absolutely nothing. The prosecutor joined issue on this,
When, then, immediately after the union with Scotland, and a jury of experts was summoned. Unfortunately their
it was found to be needful to pass an Act making further verdict was not recorded. (Agnel, p. 31.) Lastly, in
provision “for the better security of her Majesty's Valence, in 1585, a prosecution against caterpillars was
person and Government and of the succession of the argued with great solemnity. "The points of ecolesiastical | crown of Great Britain in the Protestant line," this was law urged were so acute (says Agnel, p. 35-6) as to recognized as one of the dangers to be guarded against; require both theologiang and lawyers to be called in. Mean. and accordingly by the 24th section of that Aot while the insects died out."
¡ it is provided that "no person who shall have
in his own name or in the name of any per. choice of the constituencies-whom no one desires to son in trust for him any new office place cripple-by incapacitating for election a great body of of profit whatsoever under the Crown” created public servants, many of whom would be able to render after the 25th of October, 1705, or to be thereafter most useful assistance to the House, assistance which they created, and no person having any pension from the now have to supply inefficiently at second-hand, and often Crown during pleasure, should be "capable of being through very imperfect channels of communication. elected or of sitting and voting as a member of the House Cessante ratione cessat ipsa lex, and we think it well of Commons” in any future Parliament. This effect-worthy the consideration of Parliament whether the ually prevented the purchase of members of the House of reason for this enactment has not so completely ceased, Commons by the multiplication of offices, but it was nay, whether there are not now such reasons to tho deemed necessary to go further to obviate another contrary, as to render its repeal, not only proper, but branch of the same danger. The number of places under desirable. the Crown then existing was very much greater, rela The 25th section stands in a slightly different position. tively to the work to be done, than at present; and Ordinarily, its obvious operation is merely to entail a numerous and highly-paid sinecures, which have since certain amount of trouble and expense on all members been from time to time abolished or absorbed in other of Parliament accepting office ; the occasions on which offices, constituted a powerful engine of corruption in a new Minister's re-electiun is challenged are very few, the hands of an unscrupulous Minister. There were and those where the challenge is successful are almost obvious difficulties in the way of any extension to the unknown. Indeed, so seldom has the section any pracholders of these offices, most, if not all, of whom were tical use that within the last week it has been actually members of Parliament at the time, of the ab. declaimed against as grossly improper, almost unconsolute disqualification to which the holders of new places stitutional, to attempt to put it in actual opera were subjected; and so a middle course was adopted, and tion. Not the less, however, has the section an indirect by section 25 it was enacted that, “ if any person being operation, which is wholly mischievous. For it limits chosen a member of the House of Commons” should the choice of the Crown, as regards the offices within accept any office of profit from the Crown whilst such its scope, just as the 24th section limits the choice of member, his election should be void and a new writ the constituencies. It is within our knowledge that in should issue, but nevertheless such person was to be re more than one instance the man of all others most fitted eligible.
for a particular post has not been appointed merely beUnder the operation of this enactment, no member cause he could not, or would not, secure his re-election ; returned by a popular constituency, and no nominee and now that an additional element of haphazard has of a Hanoverian peer or town council, could be been introduced into all contested elections by the fact purchased over by the Court without being exposed to that it is impossible to discover, during the polling, the almost certainty of losing his geat, and being thus which candidate has the advantage, it might be so rendered comparatively innocuous. On the other hand, worked as to produce very serious public inconvenience. the grave evil to the public service involved in the Let us suppose that Mr. Gladstone's seat for Midlothian practical limitation of certain great offices of State to has been won (as South Norfolk was) by a majority such members of the House of Commons as happened to of 1, and that he had not, at the time, had a second seat have "safe" seats did not then exist; for, as we have to fall back on, would not, or might not, the risk of explained, the Government of the day always had at a renewed contest under these circumstances have pretheir disposal seats enough to enable them to secure the vented the acceptance of office by the only man who, services of anyone whom they desired. The thing to be at any rate by the unanimous consent of the public press prevented was their filling all their own seats first, and of all shades of opinion, ought at the present time then purchasing additional strength by conferring places to be at the head of affairs ? The mischievous operaof profit on the holders of seats naturally belonging to tion of the section was greatly curtailed by the last the Opposition. How imminent was the danger sought Reform Act, which exposes a new Minister to re-election to be avoided, how narrowly, in spite of all precautions, only once, instead of on every change of office. Let the dreaded Restoration failed of taking effect, is well us hope that, by the next Reform Bill, if not sooner known to all our readers.
it 8 total abolition will be effected. The particular danger against which this Act was directed may be said to have ceased to exist by the accession of George III.; but by that time the eternal
GIFT OVER ON DEATH WITHOUT CHIL. warfare about the balance of power, which never ceases
DREN. under any constitutional Government, had entered upon a new phase, and one in which it was even more needful, The fourth rule in Eduards v. Edwards (15 Beav. if possible, than before to place obstacles in the way of 337), that, in the case of a gift to A. but if he die any attempts on the part of the Crown to influence the without leaving issue or children, then to B., the action of Parliament. The “king's friends” were the gift over, if in remainder after a life interest, must be party then felt to be dangerous, and the avowed desire primâ facie restricted to the event of death before the of George III. to introduce an element of “personal tenant for life, was described by Lord Justice James power” into the practical working of the Constitution as “simple, intelligible, and very beneficial in the made it more than ever desirable to impose limitations administration of testator's estates," but it was overon the introduction of placemen into the House of thrown by the House of Lords in O'Mahoney v. Burdett Commons.
(23 W. R. 361, L. R. 7 H, L. 388), and it is now clearly But with the passing of the Reform Act of 1832, this established that the construction to be given to the state of things passed away entirely and for ever; the words " die without children " is the same whether the absolute supremacy, not only of Parliament as a whole, gift over is or is not in remainder. The words are to but of the Lower House, and of the popular element in be taken in their ordinary and literal meaning, that House, was conclusively established; and all this as indicating death without children at any time, unless elaborate machinery for preventing undue influence on a contrary intention can be collected from the context the part of the Crown became, at best, unneeded. But or general scope of the will. Where, therefore, there is a as soon as it became needless it became also noxious. mere gift to A. for life, and after his death to B., and There is no longer any reason to dread the undue if B. dies without children, to C., and there is nothing in multiplication of sinecure offices, the absolute and the context to indicate a contrary intention, the gift efficient control of the Commons over the public expen over to C. will take effect upon B.'s dying without diture forms an ample safeguard ; and the only remain children at any time. The difficulty is to ascertain what ing effect of the 24th section of the Act is to limit the is to be considered a sufficient manifestation of a con
trary intention to restrict the gift over to death without carry into effect the obvious intention of the testatris.” children during the prior life estate.
And although in the words of the will there appeared to In O'Mahoney v. Burdett, Lord Hatherley pointed out be nothing to qualify the natural meaning of the expres. that a direction in the will to pay over personalty or sion “dying without issue,” yet the Vice-Chancellor make a distribution among several legatees at a specified pointed out that certain inconvenient results would follow time must be deemed an indication of the testator's in. from holding that it meant death at any time with. tention that the gift over should not operate after the out issue, and thence collected “ an obvious intention" time of payment or division. “In such cases," he on the part of the testatrix that the dying without issne observed, “ the court has
said, 'We hold it an should be restricted to the life of the tenant for life. unreasonable construction of the testator's will to We apprehend that it will be hardly safe to conclude say that he has directed, on the one hand, that that the court will ascribe to a testator an astute conthe money shall be absolutely paid and distri- sideration of all the consequences which may follow from buted into the hands of those who, having it, will spend the dispositions he makes in his will. That would be to it without further trust; and, on the other hand, that a assume that, though men are often thoughtless and subsequent event-viz., a certain person's dying childless rash, testators are always considerate and prudent. And, after that distribution has taken place shall divest the
since to hold that “ death without children" means property, and make it necessary for the executor to take death at any time nearly always entails inconvenient steps to recall that money, in order to hand it over to results, the effect of the application of the Vice-Chanthe persons entitled under the gift over. Where such cellor's doctrine would be to render inoperative the rule circumstances exist, the court will construe the will laid down by the House of Lords in O'Mahoney %. with due regard to them, as indicating the intentions of Burdett. the testator."
An instance of the application of the principle thus laid down is afforded by Ollivant v. Wright (24 W. R. 84, L. R. 1 Ch. D. 346). In this case the testa.
General Correspondence. trix gave all her property (consisting of both realty and personalty) to her husband during his life to To CORRESPONDENTS.- All letters intended for publicareceive the rents and profits, and after his decease to be tion in the “ Solicitors' Journal” must be authenti. divided among testatrix's five children, share and share cated by the name of the writer. The Editor cannot alike, with a gift over if any of her children should die undertake to return MSS. forwarded to him. without issue. The Court of Appeal held that the direction to divide meant that the corpus of the
THE NEW ORDERS. property was actually to be handed over, and that this was a sufficient manifestation of intention to restrict
[To the Editor of the Solici tors' Journal.] the operation of the gift over to the life of the husband. Sir,- I can confirm “One Who Would Like to Krow." Lord Justice Mellish laid some stress upon the difference Only last Thursday I was before the master when & in the description as to how the property was to be summons for time was put before him with a consent enjoyed during the life of the tenant for life and after. indorsed for "a weeks time, 6s. 8d costs, to be plaintiff's wards, the “rents and profits " being directed to be in any event.”
The master asked the clerk prereceived by the tenant for life ; but Lord Justice Brett senting it if he had applied to the other side before taking said that an express direction to divide at a particular it out, which he said he had ; the master then said, I time, if not restricted or modified by any other express shall make the plaintiff pay the costs of the application, stipulation, will prevent the application of the principle and struck out the consent, and made the order accord. in O'Mahoney v. Burdett.
ingly. On Friday, another master asked & person In Ingram v. Soutten (23 W. R. 363) Lord Hatherley applying if he had written to the other side for a conindicated another test. “There is no particular period sent, and on being answered in the affirmative, asked for a at which you can say that the [trust] funds are absolutely copy of the letter, and the person applying not having this to be handed over, unless you arrive at the event on the with him, actually sent him back to his office to get the occurrence of which the trust will naturally terminate copy before he would make the order. The loss of time to
until that event happens the trust is not solicitors under the new rules, and the trouble they give finished, the fund remains in the hands of the
trustees, them, no one would believe who has not to go through and there is no direction that it should be divided.” the drudgery. I had to send in one day to two firms in It is obvious that the test of whether the trust is in- the City and one at the West-end for consents, it being tended to cease to exist on a particular event, covers a the last day, and out of the three I got one consent and wider ground than the test above considered. It applies had to take out summonses in the other two-useless wherever the language of the will shows that the trouble, besides the clerk being required on other person to whom the property is given, eubject to a gift business. over, is intended on some event to take an absolute When you compare the Judicature Act and Rules interest, and that intention cannot receive effect with the Common Law Procedure Act and Rules, what unless the operation of the gift over is limited to a a difference is observable. The latter are master-pieces ; time earlier than his death (see De Costa v. Keir, 3 Russ. better Act and Rules were never drawn; but look at the 360; and the judgment of Lord Selborne in O'Mahoney Judicature Rules—there is scarcely one that has not v. Burdett).
been altered or a rider added a mass of patchwork. But not only is the intention to be collected from If the loss to the Revenue be as your correspondent says, the context of the will, it may also, it appears, be £30,000 per year, what must the loss be to the progathered from “the general scope of the provisions of fession?
DISGUSTED. the will” (see the judgment of Lord Cairns in Ingram
May 10. v. Soutten). It was on this ground that Besant v. Cox (25 W. R. 789, L. R. 6 Ch. D. 604), was decided. In that case, Vice-Chancellor Malins held that O'Mahoney The Manchester Guardian is informed that a telegram has v. Burdett “decides merely this, that wherever there is a been received in Manchester stating that the new order as gift in fee with an executory devise over upon the death of to the examination of the register of bills of sale has been the first taker without issue, that gift over will take effect rescinded by the Lord Chancellor. at the death of the devisee, unless a contrary intention Mr. W. Shaw, Q.C., Sir B. C. C. Pine, K.C.M.G., Mr. appears by the will. But if, upon the whole will
, the court W. Brown, Dr. M. Č. M. Swabey, Mr. G. Francis, Mr. H collects acontrary intention, it leaves it entirely open to this shield, M.P., and Mr. H. Cowie, have been elected benoberg court to put a construction upon it which will effectually of the Hon. Society of Gray's.ind.