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Neale, J. 516

Neech, R. jun. 220
Neild, H. J. 340
Nelson, R. 240
Nelson, S. 388
Nettleton, S. 200
Neville, W. 152
Newby, J. 496
Newman, R. H. 220
Newton, J. 408
Nicholls, W. 408, 436
Nicholson, W. 48
Nives, F. 516
Nixon, S. 476

Noake, W. 240
Noble, J. 48
Noble, T. 436
Noblett, J. 360
Nodes, J. 455
Norman, W. 320
North, R. 455
Norton, W. R. 516
Nowell, P. 408
Noyes, J. 32
Noyes, T. 220
Nunn, G. jun. 280
Nuttall, R. 200

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Phipps, W. 516
Pick, A. F. 200
Pickering, J. 152
Pidgeon, J. 436
Pierce, W. W. 180
Pilkington, C. 408, 436
Pilkington, T. 408, 486
Pitt, W. A. 388
Plane, W. 64, 220
Platt, J. 408

Playle, M. M. 152, 220
Plumtree, J. 220
Podger, T. 124

Pollard, G. 436

Pollard, J. 240
Polley, J. 48
Pope, J. 516

Pope, J. L. 516

Popplewell, H. 124
Porter, W. 388
Potter, G. 576
Potts, J. 280
Powell, J. T. 260
Powell, W. 340
Powis, J. 436
Powis, L. T. 104
Prance, R. 320
Pratt, G. 48
Pratt, T. C. 104
Pratt, T. 260
Prigg, W. 496
Pritchard, W. 152
Pryce, M. 516
Pugh, E. 516

QUITTER, J. 240

RAINS, W. 260
Ralph, J. 320
Ramsden, J. 240

PACKWOOD, L. P. 476 Ramsey, G. R. 280

Paice, G. 436
Painter, J. 280
Paker, D. R. 64
Palmer, R. 280
Palmer, W. 516
Pamplin, T. 220
Pank, T. sen. 516
Panniers, W. 260
Papps, R. 48
Parker, J. F. 455
Parker, R. 32

Parker, T. 84

Parkin, T. 388

Parkinson, J. 48, 516
Parmenter, G. 516
Parr, J. 388

Parry, B. J. 280
Parsonage, H. 476

Partis, J. 64

Partridge, G. 388
Pashley, T. 64
Pask, H. 496
Patey, C. A. 280
Patrick, J. 48
Paul, J. 476
Payne, T. B. 280
Pearce, B. 476
Pearce, C. 436

Pearce, J. 200

Rawsthorne, J. 455
Rawsthorne, S. 536
Raynes, W, A. 124
Raynham, S. 496
Raynolds, G. 32
Redman, W. 360
Reed, W. 64

Roe, T. 388

Rogers, C. B. 220
Rogers, G. 260
Rollings, R. 200
Rose, G. 152
Ross, G. 455
Rowe, J. J. 220
Rowe, R. 180
Rowe, T. 360
Rowe, W. 516
Rowlands, R. 220
Royer, W. H. 408
Rule, W. 220
Rush, J. 280
Rushbrooke, C. 48
Russell, E. 436
Russell, G. J. 260, 320
Russell, J. T. 104
Russell, W, 16, 436
Rutty, W. E. 280
Ryder, P. 516

SAFFERY, C. 64
Sainsbury, C. 516
Sampson, J. 180
Samways, T. 84
Sanders, J. 516
Sanders, W. 320
Satchwell, C. 368
Saunders, J. 16
Saxton, T. 516
Schofield, J. 476
Schultz, L. 84, 180
Scott, B. 124
Scott, J. 408
Scott, J. B. 260
Scott, R. 455
Scott, W. 220
Seabrook, J. 64
Seale, J. P. 48
Sell, J. 260
Sellars, J. 180
Selman, G. 455
Senion, C. 536
Shakeshaft, J. 388
Sharp, D. E. 496
Sharp, R. J. 152
Sharp, W. 152
Sharpe, T. 320
Shaw, J. 360
Shaw, R. 104
Shelmadine, J. 516
Shenton, E. jun. 320
Shepherd, W. 280
Sheppard, T. 200
Sherwood, W. 455
Shorey, E. A. 476
Sills, G. 260.

Silverlock, H. W. 360
Simons, J. 200
Simons, W. 152

Simmonds, J. 16

Rees, H. 180
Reeve, S. 516
Rice, J. 16, 200
Richards, T. 280
Richards, W. 180
Richards, W. G. 516
Richardson, J. 32,

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200
Richardson, R. 240
Richardson, T. 340
Riddington, J. 536
Rigby, C. L. 516
Rix, W. 516

Robbins, W. 536

Simmons, G. jun. 436

Smith, W. A. 280

Smith, W. S. 388

Smith, W. H. 64
Snape, A. 240

Snodgrass, A. 455, 536
Snook, W. 280

Sockett, S. 408, 436
Somers, S. 360
Sowden, B. 516
Sowerby, J. 408
Spankhurst, G. 436
Spencer, T. 280
Spicer, E. J. 48
Spittle, T. 496
Spring, S. 408
Stacy, I. 455
Standring, B. 436
Stanner, E. J. 516
Statyer, J. 180
Steele, A. 16
Steel, M. jun. 436
Stephens, S. 16, 32
Stephenson, J. 84
Stevens, D. sen. 408
Stevens, E. 240
Stevens, J. 200
Stevens, T. 220, 340
Stinton, J. 388
Stocker, S. 360
Stockwell, J. 340
Stones, S. 340
Stout, J. 360
Strangeways, W. 476
Stray, J. 180
Street, J. 48
Street, M. 200
Stretch, T. 84
Stretch, T. P. 84, 408
Stuart, J. 388
Stutely, W. 320
Sunderland, B. 124
Sunderland, E. 408
Suttle, W. 124
Sutton, T. 220
Swain, F. 320
Swift, H, 16
Swift, J. 388
Sykes, J. M. 152
Symes, T. 280
Symington, J. 476
Symonds, W. 104
Symons, N. 280

TAYLER, C. 320
Taylor, B. jun. 388
Taylor, D. 64
Taylor, G. F. 516
Taylor, J. 349, 400, 516
Taylor, J. W. 124
Taylor, R. 516
Taylor, W. 408, 516
Tear, G. 408
Tenant, J. 455
Teversham, J. E. 476
Terras, D. 476

Terry, W. 516

Skidmore, T. R. sen. 104 Thomas, J. 388, 455

Slapleton, H, 104

Slow, J. 260
Small, T. 496

Smallwood, T. 476
Smith, A. 200

Smith, B. 436

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Thomas, T. 220
Thomas, W. 180, 388, 536
Thomas, W. jun. 516
Thompson, C. J. 436
Thompson, J. 48, 200,
388

Thompson, P. 408
Thompson, S. 516
Thompson, W. W. 455
Thornhill, H. 104
Thornton, B. 48, 220
Tidy, J. 48
Tillman, J. 516
Titterington, T. 32

Smith, W, 280, 388, 476, Todd, T. 496

516

Toller, T. S. 476

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WACE, T. 16
Waddington, W. 388
Walker, C. 260
Walker, J. 388
Walker, W. 408, 536
Wall, J. P. 220
Wallis, B. 220
Wallis, J. 16
Walter, J. 360
Walters, D. 436
Walton, G. 64
Walworth, T. 455
Ward, T. 496
Warner, J. 455
Warrington, T. 84
Waterhouse, A. 388
Waters, E. 476

Watkins, H. F. 104, 260

Watson, A. 516

Watson, E. W. 200
Watson, G. 124

Watson, H. 220
Watson, R. 496
Watson, W. 200, 408
Way, T. 476
Waymouth, W. 200
Wearn, G. 180
Webb, J. 536
Webber, B. 84
Webster, J. 388, 476
Webster, J. W. 436
Weekes, E. 160, 476
Weetman, M. 455
Welch, G. 476
Welch, J. 220

Wells, J. 124
Wells, R. 200
Wells, T. G. 516
Wells, W. 436
West, A. 152

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Wheeldon, J. 220
Wheelton, W. 48
Whewell, J. 388
Whiskard, J. 104
Whistock, W. 516
Whitaker, J. 180
Whitaker, T. 496
Whitaker, W. 48
White, J. M. 200
White, J. 240, 456
White, R. 180
White, W. H. 200
Whitehead, R. 16

Whiteman, J. 152
Whiting, M. 260
Whitney, T. 220
Whittle, G. 516
Wilcocks, W. 152
Wild, J. 476
Wilkin, G. 220
Wilkinson, J. 436
Wilkinson, T. 16, 260
Wilkinson, T. E. 64
Wilkinson, W. 16
Wilks, C. E. 48
Williams, A. 240
Williams, B. 220
Williams, E. 16, 406
Williams, E. R. 220
Williams, E. W. 476
Williams, J. 436
Williams, M. 152
Williams, S. 200

Williams, T. 455

Williams, W. 280, 455
Williamson, R. 436
Willis, W. 408
Wilson, C. J. 33
Wilson, G. 220
Wilson, J. 408, 436
Wilson, M. 388
Wilson, T. 121, 436
Wilson, W. 200, 388
Wing, R. 152
Wingfield, D. 455
Winn, J. 152
Winter, J. 200
Wise, W. 200
Withenberry, T. 388
Wolff, J. H. 260
Wood, G. 240
Wood, H. F. 220

Wood, W. 436

Woodcock, F. M. 200

Wooderson, J. S. 220
Woodgate, J. H. 220

Woodgate, W. 16
Woodnough, E. 200
Woodroffe, J. 340
Woods, G. 280

Woods, H. N. 408, 436
Woods, J. 84
Woolf, A. 476
Wootton, H. 320
Worley, B. 220
Worthington, T. 81
Wright, J. 436
Wright, S. 436
Wright, W. 180
Wyatt, J. 476
Wybrow, T. 180
Wyale, G. 360

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LONDON:-Printed by HENRY MORRELL Cox, of 74, Great Queen-street, in the Parish of St. Giles in the Fields, in the County of Middlesex, Printer, at his Printing Office,
74 & 75. Great Queen-street aforesaid, and published by JOHN CROCKFORD, of 29, Essex-street, Strand, in the Parish of St. Clement Danes, in the City of Westminster,
at the Office of the LAW TIMES, No. 29, Essex-street aforesaid, on Saturday, the 22nd day of April, 1848,

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an appeal from the Vice-Chancellor action at law, in the mean time, as he should be ad-

Knight Bruce. The bill was filed by the trustees of vised; and the defendants were not to be at liberty

a settlement of some leasehold property, which was to set up the Statute of Limitations, nor the out-

sold by private contract to the defendant for a sum standing terms, as a bar to the plaintiff's claims.

of 3001. By the conditions, the sale was to be of the The case being brought before the Chancellor, on ap-

3 remainder of a term of twenty-one years, which com- peal, his Lordship affirmed the decision at the Rolls.

menced in 1823; but after the completion of the con- The plaintiffs then brought an action of ejectment,

tract, and six years after the death of the purchaser, and the tenants in possession of the estates of Mr.

it was discovered that the term commenced twelve Primrose, the grantor of the annuity, were left to

7 years later than the time stated, and that the defend. defend themselves; and they accordingly pleaded the

7ant had therefore obtained what was worth 500l. for statute, or, at least, four of them did; the fifth, Mr.

7 3001. The bill prayed that the defendant's repre- Chapman, being receiver, and a defendant in the suit,

7sentatives might be compelled to pay the difference of was therefore prevented from doing so. Mr. Dudgeon,

the value, on the ground that the sale had taken place grantee of the annuity, having died, it became neces-

in ignorance on the part of the vendors. The Vice- sary to file a bill of revivor, and the plaintiff, in doing

Chancellor held that the purchase was of the residue so, took the opportunity of making it a bill of revivor

10 of the term granted by the lease. It was not a term and supplement, and of introducing all the subsequent

10 of eight years that was sold, but a specific existing matters since the hearing in 1844; and the case now

Court of the manner in which the mistake occurred. tiff insisted to make it appear, upon further direc-

lease;

and there was nothing shewn to satisfy the coming on upon the equity reserved, or, as the plain-

The bill was therefore dismissed with costs.
tions, it was now attempted to make the supple-
Anderdon and Hall, for the appellant, contended mental bill part of the case by way of eking out an
that the defendant had not been aware of what he equity founded on what occurred since the hearing.
purchased, and the plaintiffs were ignorant of what
they sold; and that, on every principle of equity, the
Court was bound to place the parties in the condition
they would have occupied if the mistake had not

13 occurred.

15

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SMITH V. BARNABY.
Will-Construction-" Personal representative."
Where a testator, after making several devises and be-
quests, and in default of issue of some of the legatees,
directed the legacies to be held in trust for "his per-
sonal, and not his real representative," it was held
that the gift was to the testator's executrix.
This was an appeal from a decision of the Vice-
Chancellor Knight Bruce upon a passage in the will
of a testator named Newenham, dated in 1819, by
which the testator, after several devises of his real,
leasehold, and copyhold estates, to trustees, upon
trusts not here material to be mentioned, and after
several bequests to his wife and others, some to take
effect upon two deaths, in default of issue of some of
these legatees, directed the gifts that would have
gone to them to be held on trust for his "personal,
and not real representative." He gave all the residue
of his estate to his wife, and appointed her his sole
The testator died in 1820, his wife and

executrix died in 1821. In 1843, John Barnaby took

out letters of administration to her and to the un-

administered estate of the testator. Among the

questions which then arose was that which became

the subject of this appeal, viz. Whom did the testator

intend by the words "personal representative? The

appellants, as the personal representatives of the

next of kin of the testator at his death, contended

that they, such next of kin, alone answered the de-

scription. Other parties, who were the testator's

next of kin at the deaths of the tenants for life men-

tioned in the will, contended that they properly an-

swered the description. Barnaby insisted that the

testator's executrix was his only "personal repre-

sentative;" and he, as representing her, claimed to

be entitled to the property in question. The Vice-

Chancellor was of that opinion, and decided accord-

ingly adding, that if this part of the will was to be

held void for uncertainty, which was the purport of

some of the arguments before his Honour, still this

property would belong to the executrix as the sole

residuary legatee. From that decision the testator's

next of kin appealed.

The LORD CHANCELLOR.-There is no cause to
The MASTER of the ROLLS.-Have you a peti-.
be found that I know of in which, after the comple- tion? For unless you come here by petition, stating
tion of the contract and the execution of the assign. that the question at issue has not been tried, I can.
ment, a vendor had been permitted to make a further not help you. If you have had a trial and judgment
demand on a purchaser, because the property sold on the question at issue, I am bound by the result,
had ultimately turned out to be more valuable than and I shall expect you to shew that, by the course.
it was supposed to be at the time of the sale.
there is any case of that kind, I should be glad to
If you are now pursuing, you are proceeding properly.
have it pointed out; and if the parties wish, I am
Willcocks.-There is no petition; it is supple-
mental matter.
willing to postpone the final judgment, to give them sary to revive at all 'events, and instead of doing so
After Dudgeon's death it was neces-
time to search for it. I believe there is no such case, merely, we put in a supplemental bill. The plaintiffi
and none of those cited go to that extent.
plaintiffs ask is, that the Court should make a new established his title. Every thing was left open but
What the has done all that he was required to do; he has
alter a contract where the assignment had been
contract. That it may not do. The Court cannot the outstanding terms and the statute; and it was
actually executed. The purchaser might resist a
specific performance of a contract, but he cannot tenants, who are mere nominees, in obedience to the
never supposed but that the defendants would con
duet their defence, either by themselves or their
come to the Court to rescind or alter it.
the other tenants, and therefore a verdict was obtained
to the suit, could not resort to the same course as
decree of this Court. Chapman, being a defendant
against him, which he afterwards unsuccessfully en-
deavoured to get rid of; there is therefore no true
defence to the action of ejectment at all, which was,
of course, the only action contemplated by this Court.
The MASTER of the ROLLS.-The decree was to

The result is all I have to do with. If the action

bring such action as he should be advised. But why

am I to hear a comment on an action at law?

application here by petition; if it was tried properly

could not be tried properly, there was room for an

I have nothing to do with the trial, but have only to

deal with the result. Is there any case at all in which

stances.

a supplementary bill has been filed under such circum-

SMITH. THE EARL OF EFFINGHAM.

Practice-Supplemental bill-Petition-Action at law

Equity reserved.

In a case where a cause comes to a hearing, and the

Court is of opinion that before equitable relief, if

any, can be given, the plaintiff must establish his right

at all, and for that purpose retains the bill for a

time, with liberty to the plaintiff to bring such action

as he may be advised, the Court takes no notice of the

proceedings at law, but only of the result of them,

and is bound by that absolutely; and upon the facts

as proved at the hearing, together with the result of

It may happen, however, that from the nature of the

the trial at law, founds its decision.

proceedings at law adopted by the plaintiff, the real

question cannot be tried; and in such case, the plain-

tiff ought to come to the Court for assistance to have

the question properly tried, either by a direction

founded on the decree, or after a re-hearing; and

If a plaintiff, whose action at law has substantially

such application must be by petition, or motion.

failed, neglects or omits to take that course, he will

not be permitted, when the case comes on upon the

equity reserved, to strengthen it by the introduction

into it of new matter occurring after the original

hearing; but he will be confined, and strictly, to the

facts as there proved, together with the result of the

action at law.

In a case where an action at law had substantially
failed, it became afterwards necessary to revive the
suit, one of the plaintiffs having died; and the oppor-
tunity was taken of filing a bill of revivor and sup-
plement, in which new matter was introduced, and a
new case made out, by way of taking out the equity
of the case as it originally stood; but the Court re-
fused to take it into consideration.

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there must be a petition, or
Gifford referred to Holworthy v. Mortlcok, 1 Cox
141, in the judgment, in which case it is stated that
record," and as the supplemental bill would come
some suggestion on
under the latter description.

The MASTER of the ROLLS.-Suppose the case of
is delay in consequence; then a bill of revivor and
a general demurrer put in to a bill; a party, and there
supplement, and in the supplemental bill there are
stated new matters to support the equity of the ori-

annuity granted to Mr. Dudgeon, and assigned by
This suit was instituted to obtain the benefit of anginal bill,-would that be allowed?

OKILL V. WHITAKER.

him to Mr. Smith. The annuity was granted in 1817,

C. P. Cooper and Cook, for another annuitant, who

Mistake-Particulars of sale-Description-Contract ment was entered up against the grantor in 1822.
and secured by a warrant of attorney, on which judg-plaintiffs should succeed. The other side had leave:
was a defendant and who would be displaced if the

executed.

Where by mistake a leasehold property had been de-effect, there being outstanding terms. In March, 1839, ill-advised course to pursue. They ought to have
and a writ of elegit issued, but was not carried into ment; and the bringing up of the latter was a very
to bring any action they pleased, not merely an eject--
scribed in particulars of sale, as held for a term com- Smith, the assignee of the annuitant, together with brought an action on their judgment, and the statute
mencing on a particular day, but some years after- the annuitant, instituted the present suit to obtain being then out of their way, they might have re-
wards was discovered to have commenced many years payment of the annuity and all arrears thereon since covered, unless usury was, as it would have been,
later, and consequently the interest sold was of 1820, when the last payment was made; and at the proved against them, and then, if they succeeded,
greater value, a bill filed against the purchaser to hearing of the cause in March 1844, the Master of they might have had their elegit on the new judg-
compel him to pay the difference in value was dis- the Rolls (see 7 Beav. 537), decided to retain the bill ment, and so have brought an ejectment without fear
for a year, with leave to the plaintiff to bring such of the statute. The statute indeed had nothing to do

missed with costs.
VOL. I. No. 235.

with the matter, because by reason of the terms there was no right of entry; 2 Stark. Evid. 210; 3 & 4 Wm. 4, c. 27, ss. 2, 34; 2 Duke's Ch. Pract. 766, 1st ed.; Adam's Ej. 32; and, if there was any misconduct of the parties, there was a remedy by motion or petition. Bayley v. Morris, 4 Ves. 788.

Kindersley, Parry, Turner, Loratt, Kennion, and Corry, for other parties.-The case of Hodson v. Ball, 1 Phill. 177, was cited to shew that the leave of the Court must be obtained before filing a bill of revivor and supplement, that had not been done here.

brings forward all the circumstances. My present
impression is, that this course is not regular; but if I
see any cause to change my mind, I shall mention
it: if I do not, it will be for the plaintiff meanwhile
to consider in what other shape he may more properly
bring the matter before the Court.

Saturday, July 17.
Re TAYLOR.
Practice-Delivery up of papers-Committal for dis-
obedience-Process.

In cases where it is necessary to have recourse to com.
pulsory process to enforce an order for the delivery
up of papers, &c. by a solicitor, the order for de-
livery must be first obtained generally, without any
limitation of time; then, if that is not attended to,
application must be made for an order to deliver in
a given time; if that is not attended to, the next
step is to obtain the four-day order, as it is called;
and if that fail, the last step is an order of commit-
ment for disobedience.

In this case, which is mentioned suprà pp. 70 and
262,

Rogers now applied for an order to commit Mr. Thomas David Taylor, a solicitor, who had been ordered to deliver up papers, &c. to his clients, the executors of a deceased testator, but had not complied with the order. On the 23rd of March, 1847, the order to deliver was made, which was merely the common order for taxation, and delivery of books, &c. without limiting any time. This order not being attended to, application was made on the 22nd of April for an order for delivery within a week, which was granted, but was not obeyed. The present motion was therefore made for an order of committal for disobedience.

The MASTER of the ROLLS.--One step is wanting in the process. The first thing is the general order; then comes the order for delivery in a given time; thirdly, the four-day order; and lastly, the order to commit. You want, therefore, the four-day order, which, however, you may take now. Besides, there must be an affidavit of non-delivery.

GARDLER v. GARDLER.
Practice-Taking the bill pro confesso-Service of
notice, superseding of-New Orders.
The plaintiff having served notice, at the defendant's
place of abode, of a motion for an order to take the
bill pro confesso, afterwards served him personally
with notice without any reference to, or mention of,
the former service; the first service was in sufficient
time before the day on which the motion was to be
made, but the second was not :
Held, that, as the defendant might be led to believe the
second service was made because of some defect in
the first, or because of some dissatisfaction with it on
the part of the plaintiff, he might very well consider
the second as that intended to be relied on, and that
therefore it must be taken to be a waiver of the
first; but if the communication had been made only
by way of reminding the defendant that the motion
would be made in pursuance of the former service,
the case would be different.

The MASTER of the ROLLS.-I am very much surprised in this case, as I was before in that of Hope v. Hope (Rolls, 12th March, 1847), at the misconception which prevails as to the nature of proceedings of this kind. In that case I was told over and over again, that an action at law in such cases was brought for the purpose of informing and satisfying the conscience of the Court, but the Court has nothing to do with the proceedings at law, except to take the re. sult of the action as it appears. When a cause comes on for hearing, and it turns out that the plaintiff, before he can obtain equitable relief, if he be entitled to any at all, establishes his legal right, the practice is for this Court to retain the bill for a certain specified time, commonly a year, to give the plaintiff an opportunity of establishing his legal right if he can; and sometimes it may happen that, though the Court does not think the claimant entitled to the equity claimed by the bill, yet it may give directions at the hearing to facilitate the proceedings at law, and raay prevent obstructions being set up to defeat the fair trial of the legal right, but subject to that extent of interference or relief. The plaintiff is in such cases, as in an ordinary case at law, bound to establish his right at law. This Court has nothing to do with the proceedings at law, which must be conducted according to the rules of law till they result in judgment, also pronounced according to the rules of law; and if there be anything wrong in the conclusion arrived at, the judges alone can set it right. This Court never gives directions for a new trial in such a case; but yet it does not abandon all notice of the proceedings as they go on. It may happen that proceedings of such a nature may be adopted, that the real question at issue between the parties cannot be tried; but in such a case application ought to be made to this Court immediately on such a difficulty occurring, either to take a direction to meet it, founded on the decree already made, or to have a re-hearing with a view to obtain a decree to affect the same object. In such a case, and under such circumstances, the Court might give some directions for the purpose of having a fair trial; so far it might perhaps go. Now let us advert to the case where every thing has been regularly conducted. The Court retains the bill, giving leave to take proceedings at law in a given time, and directing that if they be not so taken, the bill shall be dismissed with costs. Well, suppose the proceedings cannot be concluded within the time, and that there may, for instance, be a motion for a new trial pending at the end of the time, all that the plaintiff has to do in that case is to come here and move to extend the time. But suppose the proceedings to have been taken at law, and to have been con Winstanley applied for an order to take the bill pro cluded in the time, this Court is bound by the result, confesso against defendant, who had not answered. and what it does is to take the facts as they are The attachment, for want of an answer, was issued proved at the hearing, and the result of the trial on the 7th and executed on the 10th of June last, and together, and upon the merits thereby disclosed, to notice of motion to take the bill pro confesso was left determine what, if any, relief the plaintiff is entitled to, for him on the 23rd of June, more than three weeks -for it is by no means of course to grant relief. Well, before the day on which the motion was to be made. a decree was made here, which indeed is not now For some reason or other, however, the plaintiff mine but the Lord Chancellor's, and it gave liberty thought fit to serve the defendant personally with to the plaintiff to take such proceedings at law as he notice of motion for the same day as before, but withshould be advised, with a direction that the outstand-out any reference to the former service; and as the ing terms and the statute were not to be set up second notice was served on the 26th of June, and the against him; and having in a certain time had a trial motion was to be made on this day (the 17th of July), at law he was to be at liberty to come before the the time was too short by one day, under the 76th Court again, and, upon the result of the action and Order. The question whether the second was a waiver the equity reserved, as it is called, to ask such relief, of the first, however hard it might be on the plaintiff. if any, as the Court might think him entitled to. The MASTER of the ROLLS.-The question is, Now this comes on, not in that shape at all,-nothing whether you have not waived the first service by the was said as to the equity reserved,-indeed it was personal service. Service by leaving notice at a place hardly contended that the plaintiff had a right to any is good service; and if you thought fit to serve a relief on the equity reserved,-it was rather insisted fresh notice, the point is, does not that supersede the that as there was one united right and a judgment former? If you had merely informed the defendant against one, it should be considered a judgment against of your intention to move on the day stated in your the others. But it is a supplemental bill, stating mat- first notice, and in pursuance thereof, you would have ters which happened since the decree, with the view of been safe; but you substituted personal service for the eking out an equity to support the plaintiff in asking former service and as therefore you did not rely on relief, to which he is not otherwise entitled. I have the first service, though good enough if you had, the pointed out the analogy of a demurrer before the defendant might very naturally suppose you were disdecision, in which a supplemental bill is filed, and satisfied with it, and so thought fit to serve him again, it is not denied that in such case a supplemental bill and being too late, he was not bound to notice it, for is improper. Now what is the rule in this case? in such cases strict practice must prevail. Besides, Simply that the facts proved at the hearing, together it is not safe to take an order in such circumstances. with the result of the trial, are to guide the Court in It must be refused. determining the question of relief. What right, then, is there to add more without the leave of the Court? Here the complaint is, that the trial was not so conducted as to enable the question which the Court intended to be tried at all. Well, then, if there is any regular practice at all in this Court, the plaintiff ought

to have come here at the earliest moment, and stated the difficulty; but instead of that, he files a supplemental bill, which is partly a bill of revivor, and

July 20 and 21.

HAWKS v. HOWARD.
Trust, breach of-Notice-Appropriation of fund to
particular purpose-Consideration.
A promissory note, payable four years after date, was
made the subject of a marriage settlement. About
the time the note became due, it was arranged to
change the trustees of the settlement. In payment of

the note a bill at seven days was drawn by a country bank on a bank in town in favour of the outgoing "trustees, and it was sent to one of them to indorse, who, having indorsed it, sent it for the same purpose to C. D. the other trustee, a solicitor, who had been instructed to invest the proceeds of it, when paid, in stock, in the names of the new trustees. C. D. delivered the bill to the registered officer of a bank with which he had dealings, desiring him "to take charge of it," and saying that he should want to purchase some stock." The officer noticing that the bill was payable seven days after sight, C. D. desired him to place it to a private account which he kept with the bank, in addition to several others connected with trust matters. The bill was paid and the money was, as the bill had been, passed to the credit of C. D.'s private account. The same day C. D. drew for the amount to invest in the trusts of this settlement, but the bank refused to part with it unless C. D. made good certain liabilities in respect of bills discounted for him, but not due at the time the bill in question was delivered, but some of which had become due since and were dishonoured. In a suit by the trustees and cestui que trusts of the settlement against C. D. and the officer of the bank to recover the trust-fund, C. D. by his answer, stated that he told the officer that the bill was in payment of trust-money, and that it was to be invested in certain names which he should send him; but the officer denied he heard anything about a trust, or had received special directions; he had only been told to take charge of the bill, and C. D. said he should want some stock. There was no other evidence. The bank was held not liable to make good the trust-fund.

This was a suit to recover trust-money under these circumstances. On the 15th of June, 1838, George Hawks made a promissory note for 4,000l. in favour of his brother Edward Hawks, payable in four years after the 1st of July then next; and on the 17th of August, 1838, this note was made the subject of a settlement, entered into in contemplation of marriage for the benefit of E. Hawks, his then intended wife, and the children of the marriage. About the time the note was to become due, it was arranged that the then trustees of the settlement (who were the Rev. Henry Charles Knightley and John Henry Howard, a solicitor) should retire, and the said G. Hawks and Ralph Walters should be the new trustees. The note having become due, a bill for 4,000l. in payment thereof was drawn by Lambton and Co. of Newcastle, on Barclay and Co. of London, payable seven days after sight, in favour of Knightley and Howard; and on the 6th of August, 1842, Walters, who was the solicitor of G. Hawks, sent the bill to Knightley, directing him by letter to indorse and send it to Howard, whom be also instructed by letter of the same date to indorse it, and to invest the proceeds when paid in stock in the names of G. Hawks and Walters himself. The bill came into Howard's hands on the 16th of August, and the same day he delivered it to Mr. Riddler, the registered public officer of the Cheltenham and Gloucestershire bank (with which he bad previously had dealings, and had opened a private account and four other accounts respecting matters of trust), and said to him, "You may as well take charge of this for me,-I shall want to purchase some stock." Riddler seeing the bill drawn at seven days, and remarking the fact, Howard said, "Place it to my account," and, at Riddler's suggestion, indorsed it. The same day it was passed through the bank books, and credited to Howard as cash. On the 27th of August Barclay and Co. paid the bill; and the 28th being a Sunday, the payment of the money was duly noted by the Cheltenham bank on the 29th of August. On the same 29th of August the deed appointing G. Hawks and R. Walters new trustees of the settlement was executed, and on the same day also Howard sent his clerk to the bank to inform Riddler of the names of the trustees, and to desire him to invest the 4,000l. less 31. expenses, in their names. Riddler refused, unless certain bills, which the bank had discounted, and which were not due on the 16th of August, but some of which became due, and were dishonoured between the 16th and 29th. This requisition was not complied with, and the bank retained the money. Subsequently other bills of Howard's became due, and were dishonoured; and in September 1842 his liabilities amounted to several thousands. In this state of things, the trustees and cestui que trusts filed their bill for recovery of the trust-fund, not merely against Howard, from whom they had little or no hope of getting any thing, but also against Riddler, in the hope of fixing him with notice of the trust or otherwise following the money into his hands. Howard, by his answer, stated that he had told Riddler the money was trust-money, and that he wished it to be invested in the names of gentlemen which he would send to him afterwards; and that, in answer to Riddler's inquiry as to who Knightley, the joint payee of the bill, was, he said, he was his co-trustee; whereupon Riddler replied, he only inquired if he was the gentleman who formerly resided in Cheltenham, and that he used to see him at the Club, but did not know he was a reverend. Riddler, by his answer, on the other hand, denied that Howard

said anything about a trust, or gave him any special directions as to the appropriation of the fund; but he admitted that Howard told him to take charge of the bill, by which he understood he was to get it cashed in the usual way; and he also admitted that Howard said he should want some stock, but did not mention any names. In that state of things the cause came on to be heard.

Turner and Goodeve, for the plaintiffs, endeavoured tice of the trust, or at least of some trust; or, if that could not be maintained, that he took it with special directions as to its appropriation: and lastly, that, as nothing was actually due to the bank by Howard at the time, the time for payment of the bills not having arrived, there was no consideration given for

to make out that Riddler took the bill with full no

Reform, framed, proposed, and supported by the Profession, would redound greatly to their honour, and, we believe, no less to their profit, for every day's experience assures us more and more that the interests of the public and of the lawyers are identical, and that whatever benefits the former will in the long run be found advantageous to the latter. This should be the mission of the Metropolitan and Provincial Legal Association.

THIRD REPORT OF HER MAJESTY'S COMMISSIONERS

possession, forfeit such goods and incur the penalties of the 16th class.

ployed nor authorised as in Article 3 of this section is mentioned, shall conceal such goods or stores as in the said Article are specified, marked as therein mentioned, or any timber, thick stuff, or plank marked as in the last preceding Article is described, shall, unless he shall upon his trial produce such certificate or certificates as in the said last preceding Article is or are mentioned, forfeit such goods and incur the penalties of the 16th class.

5. Whosoever, not being a contractor, nor em

the bill by the bank, and their retention of it, there- FOR REVISING AND CONSOLIDATING THE CRIMI- persons whomsoever, or shall willingly or knowingly fore, was not sustainable.

Kindersley and Smythe, for Howard, admitted his liability.

Roupell, Campbell, and Jackson, for the bank, insisted that there was not a tittle of evidence to support the plaintiffs' case, since Howard's answer could not be read against his co-defendant.

The MASTER of the ROLLS.-This is a most lamentable case, and one in which the plaintiffs have been more scandalously used could scarcely be found; but the question was, by whom were they so used-whether by Howard, or by him and Riddler together? [Here his Lordship stated the facts.] Howard, it is admitted, is answerable; and the question is, whether Riddler is so too. It is alleged that Riddler took the bill with full notice of the trust, or of some trust, or that it was intended to be invested in some trust; and it is further alleged by the plaintiffs, that Riddler, having notice of a trust, must have the knowledge imputed to him that it was a trust for them; or, if he cannot be fixed with knowledge of a trust, they next allege that the bill was given to him with specific directions for appropriation to a particular purpose, and they insist, therefore, that Howard would be entitled to relief, and to have the money so appropriated as intended, and, consequently, that they are entitled to the same relief. And lastly, as no consideration passed from the bank on receipt of the bill, they are answerable for the amount of it. The plaintiffs undoubtedly are placed in great difficulty in establishing their case, if true, and they have drawn my attention to Howard's answer in support of it. They are clearly entitled to read everything in that against Howard himself, but not against Riddler his co-defendant. Not that the answer of one defendant may not sometimes be used against another so as to produce some influence on a judge's mind, but as evidence on which to found a decree it certainly cannot. The plaintiffs being reduced to the necessity of resorting to Riddler's answer as the only evidence they could get, could not, on that answer merely sustain their claim, or get a decree against him; but they insisted that that, together with the other circumstances of the case, raised a presumption in their favour sufficient to lead me to grant them an opportunity of an inquiry elsewhere. Now, is there a semblance of a case against Riddler? I have had quite a dramatic representation made to me, but nothing-not even a conjecture-implicating Riddler. Several allegations indeed are made, but what are they? Riddler was a banker, and Howard his customer, and he had five different accounts, and therefore the direction to place the bill to his private account pointed to something special. Then Howard, having met Riddler, gave him the bill, and told him he should want to purchase some stock, but gave no names, nor mentioned when or how he should want it. I can find no evidence that Howard told Riddler it was trust-money. My opinion is, that the state of things on the 16th of August determined the matter, and there is no ground for allowing a trial. Howard, of course, must be charged, but the bill must be dismissed with costs as against the bank.

THE LEGISLATOR.

Summary.

NOT a rumour of contemplated legislation has been stirring during the week. Mr. CHARLES BULLER has delivered a long and interesting speech to his constituents, in which he touched upon the subject of Law Reform, and observed that the County Courts were but the beginning of a long series of measures required to adapt the law to the wants and intelligence of the time; but he gave no promise that the Government contemplated doing anything in this direction. Should it so prove, an opportunity will be afforded to the lawyers of taking the initiative in Law Reform, and thus preventing the confusion and mischief that have resulted from the labour of unprofessional, and therefore inexperienced amateurs, in this branch of legislation. A series of measures of real Law

NAL LAW.

(Continued from page 518.)
CHAPTER VII.

Offences relating to the public property, revenue, and funds.

SECTION II.

OFFENCES RELATING TO VESSELS OF WAR, PUBLIC STORES,

AND THEIR PLACES OF DEPOSIT.

Art. 1. Whosoever, either within this realm, or in any of the islands, countries, forts, or places thereunto belonging, shall maliciously set on fire, or burn, or otherwise destroy any of her Majesty's ships or vessels of war, whether the said ships or vessels of war be on float or building or begun to be built in any of her Majesty's dock yards, or building or repairing by contract in any private yards, for the use of her Majesty, or any of her Majesty's arsenals, magazines, dock-yards, rope-yards, victualling offices or any of the buildings erected therein or belonging thereto, or any timber or materials there placed for building, repairing, or fitting out of ships or vessels, or any of her Majesty's military, naval, or victualling stores, or other ammunition of war, or any place or places where any such military, naval, or victualling stores, or other ammunition of war, is, are, or shall be kept, placed, or deposited, shall suffer death.

2. Whosoever shall steal or embezzle any of her Majesty's ammunition, sails, cordage, or naval or military stores, shall incur the penalties of the 5th class.

3. Whosoever shall make any stores of war, or naval stores, with the marks usually used to, and marked upon, her Majesty's warlike and naval or ordnance stores, that is to say, any cordage of three inches and upwards, wrought with a white thread laid the contrary way,or any smaller cordage, to wit, from three inches downwards, with a twine in lieu of a white thread laid to the contrary way as aforesaid, or any cordage wrought with one or more worsted threads, or any canvas, wrought or unwrought, with a blue streak in the middle, or any other stores, with the broad arrow by stamp, brand or otherwise (not being a contractor with her Majesty's principal officers or commissioners of the navy, ordnance, or victualling, for her Majesty's use, or employed by such contractor for that purpose as aforesaid), or shall make any public stores whatsoever under the care, superintendance, or control of any officer or person in the service of her Majesty, or employed in any public department or office, either marked with the marks, or any of them before specified, or with the broad arrow and the letters B. O., or with the crown and the broad arrow, or with her Majesty's arms, or with the letters G. R., W. R., or V. R. to denote the property of her Majesty therein, or shall use any such marks (not being authorised by the proper officer or officers, person or persons in her Majesty's service in that behalf so to do), shall forfeit such goods, and shall incur the penalties of the 16th class.

4. Whosoever, not being a contractor, nor employed nor authorised as in the last preceding Article is mentioned, in whose custody, possession, or keeping such goods or stores, marked as in the said Article is mentioned, or any timber, thick stuff, or plank, marked with the broad arrow by stamp, blue streak in a serpentine form, or bewper, otherbrand, or otherwise, or any canvas marked with a wise called buntin, wrought with one or more streaks of raised tape (such canvas or bewper not being charged to be new, or not more than one-third worn), shall be found, shall, unless he shall upon his trial stores as are warlike, naval or ordnance stores, a produce, with respect to such of the said goods or certificate under the hand of three or more of her Majesty's principal officers or commissioners of the navy, ordnance, or victualling, and, with respect to such of the said goods or stores as are public stores officer or person in her Majesty's service, or employed under the care, superintendence, or control of any in any public department or office, a certificate or certificates under the hand or hands of the proper officer or officers, person or persons in her Majesty's service, authorised to grant the same, expressing the tively as he shall then be indicted for, and the occanumbers, quantities, or weight of such goods respecsion and reason of such goods coming to his hands or

6. Whosoever, not being a contractor nor employed as in Article 3 of this section is mentioned, shall willingly or knowingly sell or deliver, or cause or procure to be sold or delivered to any person or receive or have in his custody, possession, or keeping, any stores of war, or naval, ordnance, or victualling stores, or any goods whatsoever, marked as in the said article, is mentioned with respect to the warlike, naval, or ordnance stores therein 'specified, or any canvas marked either with a blue streak in the middle or with a blue streak in a serpentine form, or any bewper otherwise called buntin, wrought with one or more streaks of raised tape, or any cordage wrought with one or more worsted threads (the said stores of war, or naval, ordnance, or victualling stores or goods above mentioned, or any of them, being in a raw or unconverted state, or being new, or not more than one-third worn), or shall conceal such stores or goods, or any of them marked as aforesaid, shall be deemed to be a receiver of stolen goods, knowing them to have been stolen, and shall, unless he shall upon his trial produce a certificate under the hands of three or more of her Majesty's principal officers or commissioners of the navy, ordnance, or victualling, expressing the numbers, quantities, or weights of such stores or goods as he shall then be indicted for, and the occasion and reason of such stores or goods coming to his hands or possession, incur the penalties of the 9th class.

7. Whosoever, not being authorised as in Article 3 of this section is mentioned, shall willingly or knowingly receive or have in his custody, possession, or keeping, or shall conceal any public stores, under the care, superintendence, or control of any officer, orperson in her Majesty's service, or employed in any public department or office, as in the said Article is mentioned, so marked as therein specified (the said stores, or any of them being in a raw or unconverted state, or being new or not more than one-third worn), shall be deemed to be a receiver of stolen goods, knowing them to have been stolen, and shall, unless he shall upon his trial produce a certificate or certificates under the hand or hands of the proper officer or officers, person or persons, in her Majesty's service, authorised to grant the same, of such and the like nature as the certificate in the last preceding Article mentioned, incur the penalties of the 9th class.

8. Nothing in Articles 3, 4, 5, or 6, of this section contained, shall extend or be construed to extend, to exempt from the operation of any of those Articles any person being a contractor, or employed as in the said Article 3 is mentioned, except only so far as concerns stores or goods marked as in the said Articles is mentioned with respect to the warlike, naval, ordnance or victualling-stores therein specified, which shall be bonâ fide provided, made up, or manufactured by such person, or by his order, and which shall not have been before delivered into her Majesty's store, unless, having been so delivered, they shall have been sold or returned to such persons by the commissioners of her Majesty's Navy, ordnance, or victualling,, respectively.

9. The penalties of Articles 4, 5, and 6 of this section, so far as relates to the warlike, naval, ordnance or victualling stores therein specified or referred to, shall not be incurred by any person who shall have bought any such stores of her Majesty's commissioners of the navy, ordnance or victualling who shall produce a certificate or certificates, under the hand and seal of three or more of the said com. missioners, that he bought such goods or stores from them at any time before he sold or delivered the or a certificate from such person or persons as shall same, or before the same were found in his custody, appear to have bought the said stores from them the said commissioners, that the stores so sold or delivered by him, or so found in his custody, were the stores or part of the stores so bought of the said certificates the quantity of such stores shall be excommissioners as aforesaid, in which certificate or . pressed, and the time when and where bought of the said commissioners.

10. Neither shall any thing within this section contained be construed to hinder any the principal commander of any of her Majesty's ships at sea, to officers and commissioners of the navy, or any chief lend any of her Majesty's stores to any merchantship or vessel in distress or otherwise, as might heretofore lawfully be done, in case such goods so lent be restored with all possible conveniency; and said stores from time to time, have such certificate as provided such person or persons so borrowing the aforesaid, which the said principal officers and com

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missioners of the navy, or commander-in-chief are hereby required to give to the party or parties that shall so borrow the same.

11. Neither shall the penalties of Articles 4, 5, and 7 of this section, so far as relates to any public stores under the care, superintendence, or control of any officer or person in her Majesty's service, or employed in any public department or office, as in Article 3 of this section is mentioned, so marked as therein specified, be incurred by any person who upon his trial shall produce a certificate or certificates under the hand or hands of the proper officer or officers, person or persons in her Majesty's service authorised to grant the same, of such and the like nature as the certificates mentioned in Article 9 of this section.

12. Whosoever shall make, sign, or give any false certificate, bill of parcels or other instrument purporting the identity or the sale, loan or disposal of any goods or stores, as goods or stores so purchased or borrowed of the said commissioners or other officer or person in her Majesty's service respectively, as in the last three preceding Articles is mentioned, or shall utter or publish any such false certificate, bill of parcels, or other instrument purporting as aforesaid, knowing the same to be false, shall incur the penal.

ties of the 16th class.

13. Whoever shall wilfully and fraudulently destroy, beat out, take out, cut out, deface, obliterate or erase, wholly or in part, any of the marks in Articles 3, 4, or 6 of this section mentioned with respect to the warlike, naval, ordnance or victualling stores therein specified, or any other mark denoting the property of her Majesty in or to any warlike or naval, ordnance or victualling stores, or any of the marks in the said Article 3 mentioned with respect to any public stores under the care, superintendence, or control of any officer or person in her Majesty's service, or employed in any public department or office, or shall cause, procure, employ or direct any other person or persons so to do, for the purpose of concealing the property of her Majesty in such stores respectively, shall incur the penalties of the 9th class.

14. Whosoever, having been convicted of any offence contrary to any of the Articles 3, 4, 5, 6, 7, 12, and 13 of this section, for which he shall not have been transported beyond the seas, shall be guilty of a second offence contrary to any of those Articles, which would not otherwise, as the first offence, subject him to transportation, shall incur the penalties

of the 9th class.

person who shall have received or retained such goods
or commodities, or any of them, under or by virtue or
pretext of any false, untrue, forged, or fraudulent
permit, or shall knowingly or willingly give any false
credit in the stock of any person beyond the credit to
which such stock is justly and truly entitled, so as to
enable such person falsely and fraudulently to obtain
a permit or permits, or shall knowingly or willingly
suffer the same to be done directly or indirectly, shall
incur the penalties of the 16th class.

(To be continued.)

which the Barrister is exposed, are chiefly to be checked by the tests to which Mr. Creasy has adverted-an effective legal education, both moral and intellectual.

If the lawyer suffers under these disadvantages, how much more the Solicitor. Sir G. Stephen, throughout the whole of his evidence, insists with energy on the inferior state of morals, capacity, and attainment, which, under the existing system, prevails in his branch of the Profession. Many of these defects are not solely to be ascribed to erroneous or deficient instruction, but are attributable to the external circumstances in which the Profession at large REPORT FROM THE SELECT COMMITTEE may be said to be engaged; such as the classes from ON LEGAL EDUCATION. which, in general, their numbers are supplied; (Continued from page 539.) the motives which usually guide the selection of Such are the effects of the present system; such the profession, on the part of candidates and paits influence on the judicial office and character. It rents; the conduct of the public in their behalf, may naturally be concluded it is not without analogous both in reference to employment and remuneraeffects on those from whom the judge is selected-on tion; all of which may sensibly influence the Mr. Starkie and Mr. Empson both character and conduct of both body and individuals. the barrister. ascribe to the preference of the solicitor the success "The tradesman," says he, "with a very extensive in the outset of their course for many young lawyers. business, arising from book-debts; merchants for the But solicitors themselves, from the want already same reason, but with a higher class of business; gennoticed, of education of a high order, are little com- tlemen of small but independent fortunes, contribute ; petent to judge of the education and intellectual but perhaps the largest class are those who come qualifications of others. "There is a great deal of from a much lower stock, introduced at the age of very useful knowledge," says Mr. Empsom, "in the ten, twelve, or thirteen, as soon as they can write, Profession, of which the attorneys are not the best into an attorney's office, and employed as copying judges, and of which the mere fact of a person being clerks. You may say with respect to a man of that a successful Nisi Prius Advocate is not the best cri- sort that he is suckled and cradled as an attorney. terion. There have been many distinguished Nisi The candidates sent forward so overstock the Profes. Prius Advocates, who would have been infinitely sion, more perhaps from the difficulty of advancing better lawyers, and have made much better judges, if in others than predilection for this, that the bulk of they had had a more comprehensive study of the law the Law List for this year is nearly double of what it from the beginning, and not merely have picked up was fifteen or twenty years ago. Not more than what was necessary for them in practice; for every one-third of these, when admitted, are earning such body acquainted with the Profession knows that the an income by their profession as will enable them to little instruments necessary for the daily practice and maintain their families in respectability, and accordwarfare of the Courts is a very different thing from ing to their station in life." The result of this is the substantial knowledge of the law." This en- natural. There is the probability, or, at least the couragement, almost exclusively given to the practi- possibility of a number of individuals becoming memcal and mechanical, has had the effect of discourag-bers of the Profession who are not qualified to reflect ing, as profitless, the higher and doctrinal depart- honour on it. It creates direct inducement to propaments of the Profession, and produced two striking gate and encourage litigation; it tends to introduce evils: it has deprived the study of law of its scientific courses and practice by no means creditable; the character, and gradually thrown out of the race, by habit of discounting doubtful bills, buying up bad the experience of how little such attainments are ap- debts ; " making terms with tradesmen, for instance, preciated, those very intelligences who were most that they will take all their bad and doubtful debts at capable of bringing back the Profession to its original the end of the year, and allow them either ten, or 15. Whosoever shall forge any certificate to be purposes and character. The consequence has been, fifteen, or twenty per cent. for them, and make the given under the authority of an Act passed in the that in this country we have, generally speaking, but most of them; concocting public companies and second year of the reign of King William IV. inti- few examples of that important class of thinkers and speculations of a very doubtful and uncertain tuled,An Act to Amend the Laws relating to the writers who, in other countries, standing on the character; urging their clients over whom they Business of the Civil Departments of the Navy, and summits of the profession, and disengaged from the may have influence to try a disputed question of to make other Regulations for more Effectually turmoil and labour of its daily technical duties, have, law, in preference to arbitration, with the offer Carrying on the Du ies of the said Departments," by with disposition and capacity, leisure also, and op- that they will undertake to carry them through for the commissioners for executing the office of Lord portunity to keep the profession up to the intellectual nothing, and look for their costs to their opponents, High Admiral, or any of them, or by any superin- height to which it should be its proudest boast to a fertile source of litigation; besides many others, tendent, of the purchase or sale of any naval or vic-aspire. Abroad publicists and professors form a and still less legitimate modes of creating business tualling stores, sball incur the penalties of the 13th class apart, occupying the most honourable posts in even than those." These are among a portion of the their profession, and in the service of the State. evils which necessarily grow out of the immense numHere such a class is comparatively unknown, and in- ber on one side, and of the very inferior moral and individual examples are rare; and yet few countries tellectual education on the other, of the candidates who have, from the principles and forms of its govern- from time to time are admitted into the Profession. ment and constitution, graater need of such a body And when we take further into considesation the very Were such a body in existence, it is delicate and important, and complicated relations in scarcely possible that our legislation would have pre- which solicitors must stand in reference to the sented the many offences against the first principles public and their clients, these evils become greatly of logical and legal arrangement, nor been exposed enhanced. "It is hardly possible to mention any to the numerous incongruities of manner and matter topic," we again quote Sir George Stephen, with which so many of our Acts of Parliament abound. subject upon which, sooner or later, a solicitor in Nor is its absence the only defficiency which the large practice may not find himself deeply engaged. public has to regret. From the concentration of all It is quite impossible to define, within a narrow comintellectual effort within the narrow limits of our pass, the nature of a solicitor's business; it extends ordinary Courts, there are few who devote themselves to any thing, it extends to every thing; the fact is, to studies which, though possibly of less profit to the that we are, as professional men, entrusted to a very individual, are of serious import to the public. In- great extent with the confidence of gentlemen; we are ternational Law, Commercial Law, are only touched entrusted to a very great extent with the most saon incidentally, in the course of other studies, or just cred matters connected with the families of gentlemen. as much of the leading forms of procedure (with little It often happens that the protection of their honour or no reference to principle) is caught up in the pro and their character, and of course, of their property, is gress of a controverted question as will be sufficient left to our zeal and our integrity; and where we are to bear a man of average courage and capacity brought into this confidential and habitual intercourse through; and whilst in other countries the passage with men of every class in society, the highest as well from one department to another of the profession is as the lowest, I think that it is most important comparatively easy, from the circumstance of the that the Profession should be so educated as to be lawyer having mastered the great scientific principles qualified for carrying on that intercourse as gentlemen on which all equally rest, amongst us, where such themselves; but I apprehend that that qualification application to first principles, that is, to law, as a cannot be attained except by educating them as genscience, is comparatively unknown, the transition tlemen, with much greater attention to their general from one to another is a matter of empiricism, and endowments and information than is at present the the success with which it is accomplished almost ex- case." The variety and extent of information, as well clusively ascribable to mere dexterity or chance. as perfect propriety of conduct and character necessary for such duties are obvious, but both require very considerable additions when the solicitor comes in contact, in a country like this, with the public generally. The diversity of subjects to which any respectable solicitor must in the course even of a single day attend to, many, too, demanding much more than a superficial knowledge, needs not to be insisted on. The example furnished by Sir George Stephen, from his own experience, may, without exaggeration, be considered as common to most of the more eminent members, at least, of his Profession. It can scarcely be doubted, under present circumstances, and from

class.

SECTION III.

OFFENCES BY OFFICERS OF THE CUSTOMS OR

EXCISE.

ART. 1. If any embezzlement, waste, spoil, or destruction shall be made of or in any goods or merchandise which shall be warehoused in warehouses, under the authority of an Act passed in the session of Parliament holden in the eighth and ninth years of her present Majesty's reign, intituled "An Act for the Warehousing of Goods," by or through any wilful misconduct of any officer or officers of customs or excise, every such officer shall incur the penalties

of the 16th class.

2. Whosoever, being a collector, receiver, or other -person intrusted with the collection, receipt, custody, or management of any part of the revenue of excise, shall neglect or omit to keep and render such separate and distinct accounts, and in such manner and form as shall from time to time be directed by the Commissioners of Excise, or shall knowingly render or fur nish false accounts of or relating to any duty, or penalty, or sum of money collected, had, or received, or to be collected, had, or received by him, or intrusted to his care or custody, or of any balance of money in his hands, or under his control and management, shall, upon conviction, be incapable of holding or enjoying any office under the Crown, and shall incur the penalties of the 16th class.

than ours.

3. Whosoever, being an officer of excise, shall deliver out, or suffer to be delivered out, any paper prepared or provided or appointed by the Commissioners of Excise to be used for permits, in blank or before such permit shall be filled up and issued agreeably to, The lawyer is thus restricted in his utility and and in conformity with, a request note; or shall comprehensiveness, and even in the very walks where knowingly give or grant any permit to any person not he is most successful, he is far below the standard to entitled to receive the same, or shall knowingly give which, under a better system of early legal study, or grant any false or untrue permit, or shall make any he would probably have attained. It may be doubted, false or untrue entry in the counterpart of any permit too, whether his moral as well as intellectual powers given or granted by him, or shall knowingly or wil- are not injuriously affected by this narrowing, and in lingly receive or take any goods or commodities into however high a position the Bar may now stand the stock of any person brought in with any false, or in many particulars, whether it might not stand untrue, or fraudulent permit, or shall knowingly or under an improved educational system in a much willingly grant any permit for the removal of any bigher. The abuses in cross-examination, in adgoods or commodities out of or from the stock of any dresses to juries, in the drawing up of affidavits, to

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or any

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