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WIL-POWER IN GROSS-EXERCISE OF POWER BY VENDOR AND PURCHASER — SPECIFIC PERFORMANCE – INFANT.-In the case of In re D'Angibau, deceased, Andrews REASONABLENESS OF NOTICE TO MAKE TIME OF ESSENCE V. Andrews, before the Master of the Rolls on the 18th inst., OF CONTRACT.--In a case of Crawford v. Toogood, before a question arose whether a married woman, an infant, could Fry, J., on the 14th inst., the question was whether a notice, exercise & power of appointment in favour of her husband. given by a vendor of real estate to the purchaser subseBy a marriage settlement a life interest in certain personal quently to the contract for sale, to complete the purchase property was given to a wife for life, with remainder to her | within a specified time, and that in this respect time should husband for life, determinable on bankruptcy, with usual | be of the essence of the contract, was a reasonable notice. remainders to children, with remainder, in default of issue as The abstract of title was sent by the vendor's solicitor to the the wife should appoint, with remainder if the husband purchaser's solicitor on the 17th of Jane, with a letter should survive, in trust for the wife's next of kin, as if she requesting an acknowledgment of its receipt. No reply was had died a widow. At the date of the settlement the wife sent to this letter or to several similar ones subsequently was a minor, and was so described in the settlement itself. | sent, two of which said that, in default of a prompt reply, While still a minor and there being no issue of the marriage it would be inferred that the plaintiff did not intend to comshe executed the power in favour of her husband absolutely. plete the purchase. On the 17th of September a letter was She shortly afterwards died a minor, and her husband after written to the purchaser himself, telling him of the prior her death became bankrupt. At the time of his wife's death | letters to his solicitor, to which he replied that he would her next of kin were her mother and her brother. This at once communicate with his solicitor. No further &ction had been commenced by the trustee in bankruptcy of communication having been received from the purchaser the husband against the trustees of the will and the settle. or his solicitor, the vendor gave the purchaser the ment, and the wife's next of kin, asking a declaration that notice in question, that, unless he completed the purthe trustee in bankruptcy of the husband was entitled to chase on or before the 31st of October, the vendor would payment of the whole fund. One of the next of kin of the treat the contract as at an end. To this the purchaser wife demurred to the relief claimed, on the ground that the replied on the 26th of September, saying that he had plaintiff had no title, as the wife could not exercise the seen his solicitor, who had promised to proceed as soon power while yet an infant JESSEL, M.R., was of as possible. On the 1st of November, no further communiopinion that the power had been well exercised. He said cation having been received from the purchaser or his that it had been decided that an infant could exercise a solicitor, the vendor's solicitor wrote to the purchaser that power merely collateral, and as to those powers which were the vendor, in pursuance of his notice, declared the given to a person who had an interest, but whose interest | contract at an end. The purchaser then brought the could not be affected by the exercise of the power, he was action for specific performance of the contract. FRY, J., also of opinion that they could be exercised by an infant. held the notice invalid. He said that the reasonablenes; of As to such powers in the case of real estate he had himself the notice must be determined with reference to the time decided in Re Cardross' Settlement (L. R. 7 Ch. D. 728), that when it was given. And looking at what then remainelt) it depended on the question of intention as appearing in the be done to complete the purchase-viz., requisitions on the instrument whether they were to be exercised by the infant | title, replies, and possibly rejoinders, preparation of tha or not. In the present case he was of opinion, if it had been draft and execution of the conveyance, and especially having necessary to consider the question, that there was an inten regard to the time of the year (the Long Vacation)-his tion shown that the infant should exercise the power. She lordship thought that the time fixed for the completion of was named a party as an infant, and he could see no reason of the purchase was unreasonably short. Specific performwhy she should not exercise the power during minority. | ance was accordingly decreed, with an inquiry as to title, He should overrule the demurrer and make the costs costs in and the defendant was ordered to pay the costs of the action the action.
up to and including the trial.
PRACTICE-AMENDMENT OF PLEADINGS-RULES OF COURT,
PRACTICE-ORDER 55.-DEPRIVING SUCCEgsFUL PLAINTIFF 1875, ORD. 27, RR. 1, 6–New Cause OF ACTION—Costs
OF HIS Costs.-Collins v. Welch, which was before the ALREADY INCURRED.-In a case of Blackmore v. Edwards,
Common Pleas Division on the 11th inst., was an action before Hall, V.C., on the 13th inst., the plaintiff having
brought by the plaintiff, a diamond setter, against a. cab brought an action for the specific performance of a building agreement, a statement of defence to his claim was put in.
owner for injuries sustained in a collision with the defendant's The plaintiff then, without having amended his writ of
cab, and for compensation for a ring lost in the collision. summons, obtained an unconditional order at chambers, in
The case was tried at the last Summer Assizes at Croydon, the presence of the defendant, for leave to amend bis statement
before Denman, J., and resulted in a verdict for the plaintiff of claim generally, under ord. 27, rr. 1, 6. By his amended
for £12. When the verdict was given, and after some statement he claimed no longer specific performance, but a
remarks by Denman, J., as to costs, the plaintiff's counsel Fien for damages upon certain buildings then erected and com.
made some observations on behalf of plaintiff, pointing out pleted by the defendant himself upon the land wbich was
why he should not be deprived of his costs. Defendant's the subject of the alleged contract, thereby, as the defendant
counsel made no "application," but on the jury intimating
that their verdict included the value of the ring, Denman, J., alleged, instituting an entirely fresh action. The defendant
refused the plaintiff his costs. Counsel for the plaintiff now now applied to the court, by motion, that, under the circumstances, the plaintiff might be ordered to pay him all his
moved to set aside the order of Denman, J., as to costs, and costs of the action hitherto incorrred, and that, until payment,
argued that Turner v. Heyland (48 L. J. C. P. 535) had all proceedings might be stayed. Hall, V.C., observing
been overruled by Myers ♡. Defries (27 W. R. 791) and that the claim had been 80 totally altered on amendment
Harris v. Petherick, in which, he contended, it was decided that it migbt as well have been for damages for breach of a
that a judge had not the power to deprive a successful promise to marry, made the order against the plaintiff as
plaintiff of his costs unless " upon application made at the asked, with the costs of the motion.
trial” by the defendant's counsel. Held, by GROVE and LOPES, JJ., that Turner v. Heyland was distinguishable from
Myers v. Defries and Harris v. Petherick, and that an STAYING PROCEEDINGS PENDING APPEAL - PROPER application by counsel at the trial was not a condition COURT TO APPLY TO-ORD. 58, RR. 16, 17-ORD. 51, R. 1A. precedent to the judge at the trial disallowing costs. - In a case of Orr Ering v. Johnston, application was made to Fry, J., on the 12th inst., for a stay of proceedings under the jodgment at the trial, pending an appeal. The action HIGHWAYS AND LOCOMOTIVES (AMENDMENT) ACT (41 & 42 was set down before Hall, V.C., and was afterwards trans Vict. c. 77), s. 23-EXTRAORDINARY EXPENSES-EXCESSIVE ferred by an order of the Lord Chancellor to Fry, J., for WEIGHT-EXTRAORDINARY TRAFFIC.-The case of Lord trial, and was tried by him, when he gave judgment for the Aveland (Appellant), Lucas (Respondent), the first under the plaintiffs. Upon tbe hearing of the application to stay pro- above Act, came before the Common Pleas Division on the ceedings, tbe question was raised whether it ought not to 18th inst. on appeal from a decision of the justices of Oakhave been made to Hall, V.C. FRY, J., said that under rule l ham, and raised a question as to the construction of the la (June 19, 1877) of order 51 he had power to direct tha: ) 23rd section of the Act. It appeared that Lord Aveland proceedings subsequent to the trial should be taken before owned real estate in the parishes of Edith Weston, North himself, and he made an order that the application should be Suffenham, and Normanton, and, for the purposes of building made to him, and then disposed of it.
and repairing operations in which he was engaged, required a considerable quantity of timber, tiles, granite, &c. Prior court had increased so largely that it was impossible for the to the 30th of July, 1877, the building materials were con present staff efficiently to cope with it. veyed to the estate irem the North Suffenham Railway Sta The Vice-Chancellor, to whom the memorial had been tion, in carts drawn by horses, but, on the 31st of July, referred by the chancellor, requested the committee to state 1877, the appellant used two traction engines, each drawing specific instances of delay or inconvenience which had two wagons, for the transport of the building materials. occurred, on receipt of which he would proceed to consider The respondent, the surveyor of highways for the parish of the committee's request. Edith Weston, sent a certificate to the highway authorities, The committee made an attempt to obtain from members in which he certified that the use of the traction engines of the society practising in the court evidence in support of and wagons (an engine and two wagons fully laden were stated the complaints which had been made, but in consequence of to weigh twenty-four tons) injured the road and caused the not unnatural disinclination and hesitation which was damage to a certain part of it to the extent of £40. To felt by them to comply with the request of the committee, recover this sum, proceedings were taken by the surveyor the latter have been unable up to the present time to submit against Lord Aveland before the Oakham Justices under 41 to the Vice-Chancellor the data he has asked for. & 42 Vict. c. 77, s. 23. The appellant contended (1) that The committee think it right to add that the grievthe weight of his engines and wagons being less than that ance of which they complained in their memorial has not allowed by law could not be excessive within the meaning of abated. the 23rd section of the above Act; (2) that the traffic was not
COURT OF PASSAGE. extraordinary, because it was only in proportion to the extent The committee have to draw the attention of members of his estate, and to the repairs being carried out thereon; (3) to the project of extending the jurisdiction of this court that, if he was liable to pay anything, there was no evidence over the Hundred of West Derby : the proposal has been to show what proportion of the whole cost of repairing the already submitted to and approved of by the committee, road was to be attributed to the use of the traction engines.
and it is expected will shortly be in force. The justices were of opinion that the weight had been exces- |
The attention of the committee has been drawn to the sive, the traffic extraordinary, and that 40 was the amount
| practice which unfortunately obtains among some solicitors of the extraordinary expenses incurred in consequence of such
of procaring an order for serving a writ of sommons upon traffic. From their decision Lord Aveland now appealed.
la defendant, who carries on basiness within, but resides GROVE and LINDLEY, JJ., held that the question whether
without, the jurisdiction, at his residence, & proceeding weight was excessive and traffic extraordinary was to be con
which necessarily increases the expense of the actions by sidered in relation to the road over which it passed, and, in
the amount of the costs of such order, the present case, they agreed with the justices that the traffic
A representation on the subject was made to the deputywas extraordinary and excessive. It did not appear how the justices arrived at the conclusion that £40 was a just propor
registrar of the court, suggesting to him that in such tion for the appellant to pay. They seemed to have been
cases he should require, before granting an order for serguided entirely by the cost of repairs in other parishes, and
vice ont of the jurisdiction, evidence of an attempt at serto have taken the difference as the sum to be paid by the
vice at the defendant's place of business. appellant. The Act did not conteniplate the average of
CLERKSHIP OF THE PEACE (COUNTY). repairs in other parishes being the sole test of what a person should pay. Judgment would, therefore, be for the respon
It will doubtless be within the recollection of the members dent, subject to the question of what sum was to be paid by
of the society that in the year 1871 the society, with the appellant, which part of the case must be remitted to the
the valuable assistance of Mr. Wm. Rathbone, M.P., and justices.
the Manchester Incorporated Law Association, promoted an Act of Parliament for regulating the office of clerk of the peace for the county, which, previously to that Act, bad
been a sinecure office, the duties of which were performed by Societies.
The 2nd section of the Act requires the appointment by LAW ASSOCIATION.
the Chancellor of the Duchy of three "able and sufficient
persons," the one to be clerk of the peace, and the other two At the usual monthly meeting of the directors, held at to be deputy clerks of the peace for the county. the Hall of the Incorporated Law Society, Chancery-lane, The 3rd section provides for the payment of the fees on Thursday the 6th November, the following being pre receivable by the clerk of the peace to the county treasurer sont, viz., Mr. Desborough, clairuan, arr Messrs. Tylee, in aid of the county rate, and for payment out of the county Burt, Collieson, Drew, Hedger, Parkin, Sidney Smith, rate to the clerk and deputies respectively of such salaries as Steward, and A. B. Carpenter, secretary, it was resolved the justices of the county in sessions may, with the approval that the treasurers be authorized to accept, in lieu of the of the Chancellor, determine. capital of the association (£5,470) in the East Indian! The 5th section enacts that subject to any rules that Railway Company, the offer of the Government No. 3 may be made all matters to be done to or by the clerk of Option. One new member was elected, and the ordinary the peace may be done to or by the deputy clerks, general business was transacted.
By the 6th section it is left to the justices of the county in sessions to make roles subject to approval by the Chan
cellor of the Duchy. INCORPORATED LAW SOCIETY OF
1. For distributing the business of the clerk of the peace LIVERPOOL.
amongst such clerks and the deputy clerks, The following are extraots from the report of the com 2. For fixing the places in which such clerk or depaty mittee, presented to the fifty-second annual meeting of the
clerks are to live. society.
3. For regulating any other matters whether similar or
not to those particularized in that section which may be THE COURT OF CHANCERY OF THE COUNTY PALATINE OF
necessary or expedient for giving effect to the provisions of LANCASTER.
the Act. In the month of November last the committee memori The principal Act is amended by a local Act of the year alized the Chancellor of the Dachy of Lancaster, and also 1876 (39 Vict. c. iv.), which transfers the power of appoint.. put themselves in communication with the Vice-Chancelloring the deputy clerks of the peace from the Chancellor of of the Ducby and the registrar for the Liverpool district the Duchy to the clerk of the peace subject to the approval for the purpose of procuring the appointment of a deputy of the Chancellor, and provides that the clerk of the peace registrar to assist the district registrar in the performance shall out of the salary to be paid to him ander the prin. of his duties. Power to appoint such a deputy is given by cipal Act, pay the salaries and expenses of the deputies, the 33rd clause of the Connty Palatine of Lancaster Act of | but except that it provides that the deputies shall be soli. 1850, and also by order 11 of the Regulations of 1863. citors of seven years' standing, it in other respeots leaves
It was alleged by the committee that the absence of the the principal Aot unaltered. district registrar from the office during his holidays, or This latter Act was promoted by the justices of Lancashire, wben prevented from attending to his duties by illness, and was strongly opposed by this society as will be seen by was productive of the greatest inconvenience to suitors and referring to the report for the year 1876-77. Both Acts practitioners in the court; and further that the work of the came into operation upon the death, on the 4th of Marek
last, of Mr. R. J. Harper, the late clerk of the peace, and on those would be best prepared in the neighbourhood of the the 18th of the same month Mr. F. 0. Hulton was, upon witoesses. the recommendation of the lord-lieutenant, appointed clerk B. The preparation of the jury lists. of the peace by the Chancellor of the Duchy.
c. The preparation and publication of the lists of county Previously to recommending the appointment of Mr. voters. Hultor, the lord-lieutenant, in accordance with a promise D. The duties connected with the gaols, bridges, lunatic made to the president of the society in 1876, communicated asylums, police and militia of each division. with Mr. Hulton upon the subject of the appointment of the E. The duties relating to the deposit, receipt, custody, deputy clerks of the peace, and the rules to be made under and examination of parliamentary plans of proposed works the Acts of Parliament, and procured from Mr. Hulton a in each division, and of inclosure awards and other docustatement upon the subject which his lordship considered ments of a local character directed to be deposited with satisfactory.
clerks of the peace. At the annual session of the peace, held upon the 3rd of F. The working of the orders regulating the cattle April last, the justices appointed a committee to consider trade and of other subjects of Orders in Council in each the provisions of the Acts with regard to the salary to be division. paid to the clerk of the peace, and the rules to be made G. The collection of information on any subjects connected under the Acts. No communication was made by that with county administration. committee to the committee of this society, but the Chan. Į H. Any other duties of the clerk of the peace of a local cellor of the Daoby, in consequence it is believed of the character. statements made by this society and the Manchester Incor- To the principal clerk of the peace it was considered porated Law Association in 1873, intimated to the com- should be assigned all duties connected with the general mittee of the justices that he would not approve of any finance of the county, and all sessions for financial or rales which did not provide for the residence of ope deputy general purposes, and the keeping of all records relating clerk in the Salford Hundred, and the other in the West thereto. Derby Hundred.
Under sub-section 2, the rule should, if it were thought The committee of justices had an interview with the necessary, prescribe that the clerk of the peace and the Chancellor in London on the 13th of June last, from their deputies should each live in his own division. This subreport of which it appears that in the opinion of the com. section (it was stated) does not indicate any requirement as mittee “it was not advisable, even if it were possible, to to where the offices should be located, which is a more distribute or to attempt todistribute, the business of theoffice important matter than the place of residence of the officer, between the clerk and the deputy clerks of the peace, and but this might be accomplished under sub-section 3, and the that, in the general interests of the public, and having doo
offices should of course be required to be in Preston, Manregard to an efficient performance of the duties of the office, it chester, and Liverpool respectively. was essential that the clerk of the peace should be held alone
The committee stated their belief that, in order to carry responsible, and that the deputy clerks should be under
out the highly beneficial objects of the Act of 1871, it was his immediate control and acting in the same office. It was obviously necessary to secure proper persons to carry out further pointed out that from the peculiar circumstances of
the duties which were to be assigned to them. It was subthis county, and so long as it remained undivided, it was
mitted that the deputy clerks should be solicitors of stand
ing, practising at Manchester and Liverpool respectively, necessary that the business of the office should be performed at Preston, where the other county offices are
and that the salaries should be in proportion of £1,200 or
£1,000 to the clerk of the peace, and £1,000 or £800 to situated, and where the court of annual session, at which the county financial business is transacted, is by law
each of the deputies.
The committee of justices having been requested by the held." " That if the deputy clerks were required to reside else
Chancellor of Duchy to prepare and submit to him rules in wbere, it would in effect be creating two almost sinecure
accordance with the Act drew up and submitted for his offices, because the business they would have or could by
approval the following rules.
***1. That the clerk of the peace shall with the assistance possibility have to perform, would be of infinitesimal amount,
of the deputy clerks of the peace perform all the duties while the clerk of the peace at Preston, unaided by his
which are by law required to be performed by a clerk of the deputies, would have virtually to perform the whole work himself. Upon these grounds the committee urged that it
peace of the county.
"2. The clerk of the peace shall with the assistance of was andesirable and unnecessary to make any rules with reference to the various subjects mentioned in the 6th section
the deputy clerks act as clerk to the undermentioned standof the Act, while it was farther pointed out that the power
ing committees of the county.
" Name of Committee. Place where Committee meets. to make such rules was permissive and not compulsory.” The Chancellor upon the following day communicated
" General Purposes..
Preston, with the president of this society upon the subject, asking
" County Constabulary ..
" Militia Storehouse . whether the society had any observations or additions for
Preston, his consideration.
" Reformatory Schools . . Preston or Manchester. In reply it was submitted to the Chancellor on the 21st of
“ Parliamentary . . .
Preston. June, that the object of the Act of 1871 was to effect a
“County Analyst ....
Preston. "County Rate . . . . .
Preston. territorial division, so far as the duties of clerk of the peace are concerned, of the county of Lancaster, which had become
“ County Highway..
Preston. too popalous to allow of those duties being satisfactorily
" Executive Cattle Plague
Preston. performed by a single officer, and particularly by an officer “County Licensing ... Lancaster, Preston, Manchester, located so far from the chief centres of business in the county
and Liverpool. as Preston
"The clerk of the peace shall also act as clerk to any other The rules to be made under sub-section 1 of section 6 committee which may from time to time be appointed by the should therefore, it was submitted, be rules dividing and courts of annual general, or general quarter sessions for the distributing the duties of the clerk of the peace, so far as transaction of any special business. they were of a local character and did not affect the whole “ 3. The office of the clerk of the peace shall be at Preston, county, between the clerk of the peace and the two deputies, in the county of Lancaster, and unless prevented by sickness eaeh taking one territorial division of the county. The or other unavoidable cause, the clerk of the peaee or one of mnost proper territorial divisions to be made, it was pointed the deputy clerks shall be in daily attendance at the said oat, were already marked out by the existing divisions of office. the county for the purpose of quarter sessions ; which I "4. An office with all necessary accommodation for the due would point to one of the deputies taking the Salford performance of his and their duties, shall be provided for the Division, the other the Kirkdale Division, and the principal clerk of the peace and the deputy clerks, in the new county clerk of the peace the rest of the county.
offices, to be erected at Preston, under the provisions of the It was submitted that the following were the duties which Lancashire County Justices Act, 1879. should be assigned to the clerk of the peace and the deputies "5. Until the erection and completion of the county offices, respectively, each in his own territorial division:
the clerk of the peace shall provide and find such temporary A. The preparation of indictments arising in the petty accommodation for the performance of the duties of bis office, Sessional districts included in each division, inasmuch as ) as he may deem expedient and necessary."
The Chancellor apparently took the same view of the reiterating the contentions of the committee in favour of matter as your committee,' and on the 31st of July the additional civil assizes was extensively signed by the momsecretary to the Council of the Duchy wrote the chairman of bers of the society, and sent to the Lord Chancellor ; the committee of the justices that “ with reference to the copies were also forwarded to all the law societies in Lanrules themselves, they do not appear to the Chancellor to cashire, Yorkshire, Northamberland, and Darbam, and to provide for the purposes mentioned in either of the two first the leading solicitors in towns where there was no law sub-sections of the 6th section of the Act,-1.-Distributing | society, with a request that similar memorials should be the business. 2.- Fixing the places in which the clerk or | presented by them to the Lord Chancellor. An influential deputy clerks are to live purposes which, as the Chancellor deputation from this and other societies waited apon understands from your letter, have been advisedly omitted. the Home Secretary and the Attorney-General, arging
“ The Chancellor considers that it is not competent for upon them the views of the joint societies on this most him to approve any rules unless they are made (and he is important subjeot. advised by the Attorney-General of the Duchy that these Owing to pressure of business in the House of Commons are not made) in conformity with the Act in question. He the amendment was never discussed, the Bill becoming a regrets that any difference of opinion should arise between dropped order, bimself and any considerable section of the magistrates of Subsequently a deputation from the committee met a the county as to the way in which the Act should be deputation of the Northern Circuit Bar, and conferred with carried out. I am therefore to suggest for the consideration them in the hope of being able to propose an arrangement of the magistrates whether in view of that difference which would be satisfactory to both branches of the proit would not be better that a Bill should be brought in atfession. The deputation, although strongly contending that the early part of next session for placing all questions relating four civil assizes in eacb year were necessary for the proper to the office of clerk of the peace upon a clear and satisfactory dispatch of the legal business of the town and district, urged footing, and that in the meantime the framing of rules should that if that number could not be obtained, the old arrangebe in abeyance, and that in the event of no Act being then ment of holding assizes in the months of March, August, passed, rules for all purposes contemplated by the Act should and December, by which the year was divided into three in due course be made and submitted for the approval of the nearly equal portions, and which had prevailed for fifteen Coapcellor.”
years, was the next preferable to the present one. The At the appual sessions of the peace, held at Preston, on | gentlemen of the bar, on the other hand, stated that it was the 11th of September last, the committee presented their re impracticable for them to attend a December assize in Lancaport in which after setting out the above facts with the ex shire as they were closely engaged in London at that time, ception of the letter from the conimittee of this society to the and they represented that it was impossible to obtain civil as Chancellor, they recommended their re-appointment with sizes which were not held on the same dates as the criminal as. power to confer with him, and to take such measures as they sizes, viz., January, April, July, and October, and that solishould deem expedient, to place all questions relating to the citors in this county and their clients must make a choice office of clerk of the peace on a clear and satisfactory basis. of three out of these four months. Finally the gentlemen They also recommended that the rules which had been sub of the bar suggested that a joint memorial should be premitted by them to the Chancellor should be adopted by sented to the Home Secretary, proposing that the civil the court pending the result of furtber conference, and assizes should always be held at fixed dates and in the with respect to the salary of the clerk of the peace they months of March, July, and October, the rule prohibitiog recommended that £4,500 should be granted to him, out of the delivery of pleadings during the long vacation being which he was to pay the salaries and expenses of the two suspended with respect to Lancashire. No such memorial deputy clerks and of all clerks employed by him, and all has been received from the bar, and the committee do not other office expenses and disbursements.
not view the proposal with favour, as it would cause a lapse They also recommended that, in addition to the above of nearly six months between the October and March Assizes. Balary, he should receive £800 a year for performing the | The experience of the winter assize during the last fifteen duties of county solicitor.
years has shown that whenever an assize has produced a This report was adopted by the court.
large number of causes, there has always been an adequate Nothing further has been done in the matter ; but the bar in attendance to conduct them. committee will carefully watch any attempt on the part of The memorial to the Lord Chancellor above referred to, the justices to procure any further alteration of the exist. and the more important correspondence on this bead, together ing Acts.
with a full report of the conference with the Home Secretary
and the Attorney-General, will be found in appendix C. to CIVIL ASSIZE ARRANGEMENTS FOR LANCASHIRE.
this report. It having come to the knowledge of the committee that
PROVISIONAL ENTRY OF CAUSES. it was not intended to hold a spring assize for the year 1879, the committee, in concert with the northern provin The committee daring the past year have continued their cial law societies, proceeded to orge upon the authorities endeavours to obtain a provisional entry of causes at the the necessity for increasing the facilities for the trial of Liverpool Assizes. In November last they entered into civil causes in Lancashire, Yorkshire, Northumberland,
correspondence with the judges of the then forthcoming and Durbam.
assize in the hope of inducing them to direct a provisional In the meantime the council of the Incorporated Law entry of causes. Being disappointed in this expectation, Society (U.K.), acting upon the resolution of the annual pro deputations from this society and the Manchester Law vincial meeting of that society held last year at Manchester, Association waited upon Lord Justice Thesiger and Mr. drew the following amendment to the Supreme Court of Jastice Lindley, and fully explained the advantages of the Judicature Acts Amendment Bill :
proposal. Further, at the instigation of the Incorporated - Assizes :- Assizes for the discharge of civil business Law Society of the United Kingdom, an amendment to the shall be held in the counties of York and Lancaster not less Supreme Court of Judicature Act Amendment Bill was than four times in each year, and in the counties of North placed by Mr. Gregory, M.P., upon the paper of the House umberland and Durbam not less than three times in each of Commons, proposing to enact what the committee was year; and it shall be lawfal for her Majesty to issue contending for. This amendment, by the combined efforts such commissions and to make such regulations by Order of this and other law societies, was accepted by the in Council, or otherwise, as may be necessary for giving effect Government, but as before stated, owing to pressure of to this section.
business in the House of Commons, the Bill never passed This amendment was placed by Mr. G. B. Gregory, into law. The committee then addressed themselves on M.P., upon the paper of the House of Commons, which the matter to Mr. Justice Lusb, who courteously received & was anxiously and constantly watched by your com- deputation from this and the Manchester Law Associations mittee, members of which on several occasions attended at during the last assize, and at his suggestion a role (see Westminster for the purpose of procuring the assistance of Appendix D.), has been drawn which it is proposed should members of Parliament. The support of the law societies be in force over the whole kingdom, and which Mr. Justice of the north of England had been promised, and many Lush has most kindly undertaken to submit to the commembers of Parliament had pledged themselves to assist mittee of judges. The committee bave therefore great when the Bill was discussed in committee.
hopes that this much-needed convenience will be at length A memorial reviewing the whole question and forcibly | acoorded.
ADMIRALTY SITTINGS IN LIVERPOOL.
the Incorporated Law Society of the United Kingdom, who The reply of the Lord Chancellor to the joint memorial of bave great hopes that if a reasonable scale be presented to the Liverpool Chamber of Commerce, the Liverpool Uoder- the Lord Chancellor as the unanimous result of the deli. writers, Steamship Owners, and Shipowners' Associations, berations of the law societies of the country he will sancand of this society, praying for periodical sittings of the tion and authorize its use by the taxing masters. Admiralty Division in Liverpool which is mentioned in last The council had a conference with the committee of the year's report, and set oat in Appendix C. thereto, was only Associated Provincial Law Societies on the 1st of Aagast, at received by the committee in February last, and was, the which certain scales were agreed to. committee are sorry to say, to the effect that the request of These scales, and the resolutions of the committee on the memorialists could not be complied with.
this subject, are set forth in Appendix E. to this report. COUNTY COURT BILL, A Bill contemplating most important changes with reference to county courts was presented to the House of
Law Student's Journal. Lords last session by the Lord Chancellor. Two other Bills dealing with the same subject were also introduced into the House of Commons by private members.
LAW STUDENTS' DEBATING SOCIETY. The committee carefully considered all the Bills and
A meeting of the above society was held at the Law Indecided to petition the House of Commons against them, on
stitution, Chancery-lane, on Tuesday last, Mr. J. A. Neale, the ground that the changes proposed were undesirable, and
B.A., in the chair. that they did not deal with the subject on the lines
The following question was opened by
Mr.H. W. Trenchard, B.A., in the affirmative: “ The A. Rail. suggested by the Judicature Commission and the suggestions made by this and four other law societies to that commission
way Company has running puwers over the B. Company's
line. A passenger in getting out of the A. Company's several years ago. The report of the committee, which deals minutely with
ordinary carriage at the B. Company's station, is injured in
consequence of the difference in level between the carriage the whole question of county court jurisdiction, has been widely circulated among persons and public bodies interested
and the platform. Is the A. Company liable to the passenger
for the injury sustained by him?" The following cases in the subject.
amongst others were referred to: Wright v. Midland At the meeting of the Associated Provincial Law Societies,
Railway Company (21 W. R. 460, L. R. 8 Ex. 137) ; Marshall already referred to, these Bills were very fully debated; but
v. York and Newcastle Railway Company (21 L. J. C. P. owing to their being dropped it was unnecessary for your
34); Foulkes v. Metropolitan District Railway Company committee to deal further with the matter.
(L. R. 4 Q. B. D. 267). Mr. Mills for Mr. E. R. Carr, TAXATION OF Costs in DISTRICT REGISTRIES.
ÈL.B., supported the negative side of the question. Messrs. The attention of the committee has been drawn to a
Ī. W.' Evans, G. H. Bower, J. T. Heppell, E. Seymour, and decision of the Master of the Rolls in a case of Kurtz v.
Chant Holrow then addressed the society on the subject, and Crosfield (unreported) which they deem worthy the attention
the question being put to the meeting was decided in the of the profession.
affirmative. The circumstances therein were as
At the meeting of the society on Tuesday next, a follows: The action was for the administration of certain real and
paper will be read by Mr. J. A. Neale, B.A., on “The
Wars of the Roses : A Review of Eight Dramas by Shake. personal estate in the neighbourhood of Liverpool, and was brought in the Liverpool District Registry of the Chancery
speare," and a discussion upon the paper will take place, Division of the High Court. All the parties resided in or Dear to this town, and were represented by the same firm of LIVERPOOL LAW STUDENTS' ASSOCIATION. solicitors, who carry on business here. With the exception
A meeting of this association was held at the Law Library of tbe first hearing of the action, and the hearing on further
on Monday, November 17, E. H. Blease, Esq., solicitor, consideration, all the proceedings had taken place in Liverpool. Accordingly, on the hearing on further consideration,
in the chair. The secretary read a letter which he had the Master of the Rolls was asked that the taxation of costs
received from the late president, William Bartlett, Esq., should take place in the district registrs, but apparently
cordially expressing his best wishes for the continued considering himself bound by the decision of Vice-Chan
prosperity of the association, and enclosing & cheque for cellor Hall in Day v. Whitaker (L. R. 6 Ch. D. 734) he
£5 58., as a donation towards the cost of the law lectures ordered the taxation to take place in London.
its members had recently promoted. On the motion of the The committee consider that in cases of this nature the
secretary, seconded by Mr. McMaster, a hearty vote of costs should be taxed in the district registry. The result
| thanks to Mr. Bartlett for his kindness was passed by of the taxation taking place in London is that either the
acolamation. The secretary, Mr. F. J. Leslie, then gave Solicitors of the parties, who alone have any knowledge of some account of the proceedings at the recent congress of the case, must attend there at a grest waste of time and law students. He thought that the congress had, on the considerable expense ; or an agent in London having no
whole, been a success, and that some beneficial result to personal knowledge of the case or the difficulties met with
artioléd olerks might be fairly looked for. He expressed in the course of it, must be employed to attend the taxation. an opinion, however, that the Committee of Management To instruct an agent in the proceedings in the suit would had erred in not selecting as chairman of the second and necessarily be a work of much labour, and the result, at the third meetings of the congress some eminent
third meetings of the Congress some eminent and influential best, very imperfect.
members of the profession, as by so doing much greater The committee accordingly memorialized the Lord Chap- weight would have been given to the deliberations of the cellor, praying for a role providing that all taxations of congress. He also explained the action of the Liverpool costs in actions pending in district registries should take delegates, in common with those of Birmingham, Norwich place in the district registry in which the action is pro and other societies, in objecting to the improper wording ceeding, unless the court otherwise order.
of one of the resolutions passed. A vote of thanks to the The committee do not yet know the result of the delegates of the association at the congress was onani. memorial.
mously passed. The debate was then opened on the
following subject appointed for discussion :-“In an action PROFESSIONAL REMUNERATION FOR CONVEYANCING BUSINESS: for slander are damages recoverable for injury sustained
The committee are now in communication with the secre. | consequent upon the tortions act of a third party, such tary of the Associated Provincial Law Societies on this subject, aot having been directly induced by the slander ?" Mr. and bave lately sent deputations to the meetings of tbat | J. W. Reid opened in the affirmative, and Mr. A. T. Clegg body at which the question has been discussed. There
followed in support of the negative. The debate was conseems to be a perfect unanimity of opinion as to the ad. tinued by Messrs. Mills, Cameron, McMaster, W. B. Jones, vantages of adopting a system of obarges in conveyancing and the obairman. Mr. Reid having replied, the question matters regulated by a scale, but there is a very consider was pat to the meeting and decided in the negative by a able diversity of opicion between solicitors from different majority of three. parts of the kingdom as to the details of such a scale. The whole question is now being considered by the council of |