306

Notes of the Week.-Answers to Queries.

Wason, Lord Henniker, and Mr. James | to Costs of Corporation of Liverpool in Morrison.

PARISH REGISTERS.

Mr. Wilks has renewed the notice he gave last session, for a Select Committee to consider the general state of Parochial Registries, and the Laws relating to those Registries, and the Registration of Births, Baptisms, Marriages, Deaths, and Burials, in England and Wales.

This measure extends much further, it will be observed, than that of Lord Nugent, which was limited to the Registration of Births, and of which we gave an analysis, Vol. 3. p. 273.

CORPORATIONS.

Lord Althorp has moved for a Committee to inquire into the state of existing Corpoand Mr. Jervis has therefore withdrawn his Bill on the subject.

rations;

REAL PROPERTY BILLS.

The Solicitor-General has brought in five of the Bills recommended by the Real Property Commissioners. 1.-The Fine and Recovery Bill. 2.-The Statute of

Limitations Bill. 3. The Descent Bill. 4.-The Dower Bill. 5.-The Curtesy Bill. As these Bills will now in all probability become the law of the land, we shall lay them before our readers in a series of separate articles. The General Registry Bill is not to be made a Government measure; it will be brought in by Mr. W. Brougham.

USURY LAWS.

Lord Althorp, in answer to a question, stated, it was not the intention of Government to bring forward any specific measure on this subject.

LAW OF PATENTS.

Spencer v. Jenkinson, and Jenkinson v. Endo), and as to Minutes of Decree in Small v. Attwood.

ANSWERS TO QUERIES.

Law of Property and Conveyancing.

WILL.-TRUST ESTATE. p. 228. The clause set forth was adequate to pass the legal estate possessed by the testator, terest therein; and especially after reading the although he had no beneficial or real inauthorities thereon, the point appears to me fully settled-that under a general devise, estates held by the devisor in trust will pass, unless, from the context of the will, or from a disposition not consistent with an expression as before declared right, and the nature of trust property, it can be collected that he did not mean to pass such estates. See Wall v. Bright, 8 Ves. On referring to the case of Lord Braybrooke v. Inskip, 8 Ves. 435, it will be seen that Lord Eldon said, he knew of no case that states as the rule that trust estates should not pass under general words, unless an intention that they should not pass appears; and he inclined to think they would pass, unless from expressions in the will, or purposes or objects of the testator, it could be collected that he did not mean they should pass. Lord Kenyon, in Roe d. Reake v. Reake, held clearly, that under a dry naked devise of all devisor's estates, a trust would pass, unless there was some denotation of intention that it should not pass. The way of reasoning with respect to trust estates has been this: that the party, having no beneficial interest, it can hardly be contreat it as his own would be quite inconsistent sidered his for purposes of disposition, and to with its nature. He has no right to dispose of it, except by the direction of his cestui que trust, or for the objects for which it is confided to him. When the devise is not consistent with the trust, to suppose he meant it to pass, is to imagine he was taking upon himself to do an act of injustice; this the Court will not presume, and therefore says he did not intend to include it. Attorney-General v. Vigor,

The motion for this Bill has been deferred 8 Ves. 276. Ex parte Morgan, 10 Ves. 103. till the 19th instant.

VACANT SINECURE.

The death of the Master of the Report Office will enable the Government to effect a saving of nearly 50007. We trust this may be done.

EXCHEQUER EQUITY SITTINGS.

These sittings are adjourned. The Lord Chief Baron will sit in Gray's Inn Hall on Tuesday next the 19th instant, at a quarter before ten, for the purpose of giving judgment in Leigh v. Freshfield, (as

J. J.

DEVISE.- FREEHOLD P. 147, 162, and 211.

In answer to this query, and especially after reading that of C. E. W., which is inconclusive on the point, and that of Z., merely contradicting his statement as to the word "heirs" not being requisite to a devise by will, I am led to answer the same, submitting my opinion to the impartial consideration of your correspondents, and courting argument if the observes, "that the intention of the testator, same shall be found inconclusive. C. E. W. as well as the wording of the will, must be considered." This is always the case; and the most liberal construction is allowed. The

Answers to Queries.-Queries.

In an answer of P.'s, in last week's number, Is a landlord liable at law to pay assessed he says, the proviso against debts, manage- taxes, due by his late tenant, who deserted the ment, &c. of the husband, will be useless, un-premises? Can, in fact, a distress be made on less there be a trustee appointed. He should a new tenant's goods for an old tenant's debt? know, that equity never suffers a trust to fail A REGULAR SUBSCRIBER. for want of a proper person to execute it; and that, in the particular case in question, the husband is considered as a trustee for the wife. W. G. C.

308

Queries.-Miscellanea.-The Editor's Letter Box.

CHOSE IN ACTION.-ASSIGNMENT.

value of a quantity of whalebone, a wit was called, of most impenetrable stu

ness

Will the assignment for valuable consideration of the wife's choses in action by the hus-pidity. There are two descriptions of whaleband, be considered a sufficient reduction into bone, of different value, the long and the possession by him, so as to defeat her right to thick. The defence was, that the plaintiff them by survivorship? MANCUNIENSIS. had delivered that of inferior quality, and yet charged it at the price of the best. When the witness was put into the box, Erskine, who was counsel for the defendant, tried to prove his case by his evidence. His stupidity baffled every attempt he made to prevail on him to do so: He confounded thick whalebone with long,

EXECUTION.-PARTNERSHIP.

Will the sale of partnership effects, under a separate execution against one partner, be ipso facto a dissolution of the partnership, or will it merely be a cessation of that particular part-in such a manner, that Erskine was forced to ner's interest? MANCUNIENSIS.

Law of Attorneys.

ATTORNEY AND CLIENT.

give it up. Why, man," says he, " you don't

seem to me to know the difference between what is thick and what is long. Now, I'll tell you the difference: You are a thick-headed fellow, and you are not a long-headed one." A piece of ground having been sold, in lots, case turned upon the fact of whether the ship In an action on a policy of insurance, the by public auction, 4. became the purchaser insured was in safety on a certain day, when of some of them, and by the conditions of sale the policy was effected, or not. The mate of he precluded himself from inquiring into the the ship was called by Erskine for the defendtitle previous to the time the vendor purchased (1823). At the time the agreement for the ant. He was asked, Whether on the day in question the ship had not met with very foul purchase was signed, 4. was told by the auc- weather, and was in jeopardy? The witness tioneer, that there was a slight difficulty about the title, but that it would cease in four or five repeated the words "in jeopardy,” in a manner which evidently shewed that he did not years; and A. being ignorant of such matters, understand them. As it was an important fact took for granted it would be so. A. employed for his client, Erskine made every attempt to B., as his solicitor, to investigate the title and prepare the necessary conveyance, which he get an answer, but the witness remained silent. did accordingly, but said nothing to A. of the At last, impatient of his dullness, “Pray, sir,” state of the title. 4. has since required an ad- world is the Port of Jeopardy? Perhaps you says he, are you thinking in what part of the vance on the estate, which he is unable to pro- would wish for a map to find it out?" I really cure, on the ground that the title is not mar- believe that he was not mistaken in his conketable. Is B. liable for any loss, from the de-jecture of what was passing in the witness's terioration in the value of the property? head.-From Fraser's Magazine. AN OLD SUBSCRIBER.

66

MISCELLANEA.

ANECDOTES OF LORD ERSKINE.

He was fond of indulging in a joke at the expense of a witness, but not in any way to offend or affect his character, unless he was so instructed. A witness was put into the box, who travelled to get orders for the plaintiff's house in London. This description of persons go indiscriminately by the name of riders and travellers, but they most affect the latter title. Erskine got up to cross-examine him: "You are, sir, I understand, a rider?"-" A traveller, sir," was the reply. "Pray, sir," says Erskine, are you addicted to that failing usually imputed to travellers?"

"

If he was induced to make a personal observation on a witness, he divested it of asperity, by giving it in the dress of a joke. In a cause at Guildhall, brought to recover the

THE EDITOR'S LETTER BOX.

WE have received three letters in continuaand Examination of Attorneys previous to their tion of the discussion regarding the Education admission to practice; but must defer them for the present.

question its feasibility. We will mention the The proposal of E. W. is novel, but we subject in the proper quarter.

will make all the inquiries for him in our power. We are interested by the letter of C. S., and We cannot, at the moment, advert to the authorities he mentions in his second letter.

wishes of other Subscribers, who are interested "Mancuniensis" must yield a little to the in that which he objects to.

The Queries and Answers of "A Legatee;" a Country Subscriber;" have

v. C.; and

been received.

66

The Legal Observer.

Vol. V. SATURDAY, FEBRUARY 23, 1833,

No. CXXVI.

THE SOLICITOR GENERAL'S REAL pledged, as a Common Law Commissioner,

PROPERTY BILLS.

to various reforms of his own, can hardly come forward to oppose those of others. Among the new legal members in the House, we find but little information, less experience, and no inclination to use what they possess, in the temperate discussion of any change that may be proposed. In general, they are young men, eager only to outstrip each other in the pursuit of political novelty, and seeking but for an opportunity for a "splash.”

We think that the present state of the House of Commons is, in one respect, to be deplored. It has been generally considered the great boast of our constitution, that all parties and interests in the state should be represented. We regret, therefore, that the chief Conservative lawyers have been excluded from the present Parliament. We do not say this from any feeling of favour to that party; 'but we think that in effecting any considerable change in the law, it is of the greatest importance to the public welfare that both sides should be heard; that it is not well done, if "done quickly;" that it should be severely scrutinized; and that, above all other things, it should not be taken up as a party measure. In the discussion of the important legal measures which will be brought forward in this Parliament, we are sorry, therefore, to find that, in the House, all the speeches will probably be on one side; that there will be as great an eagerness to undo, as formerly to do. We again express our regret for the common interest, that we do not find Sir Edward Sugden or Sir Charles Wetherell, Mr. Knight, or Mr. Pemberton, in their former places, as we look in vain, in the present legal ranks, for any persons to supply their places. Sir James Scarlett never troubles himself with such matters-the knot is not sufficiently political to call for his interfer-point out their practical effect. ence; and Mr. Pollock, being himself With respect to the present bills, we see

NO. CXXVI.

These observations have been unwillingly forced from us, by the manner in which the Solicitor General's Bills on Real Property were introduced on Thursday, the 14th instant. They were brought in, almost as of course, by that learned gentleman, and, with the exception of a single observation from Mr. O'Connell, provoked no further discussion. Now this is certainly not the manner in which measures so important should have been treated. They are intended to effect alterations of considerable extent. They should have been explained again to the House. A spirit of proper caution should have been shewn ; and we should then have looked forward with much greater satisfaction to the result. Things, however, having taken this course, we must presume that the principle of these bills is admitted. We trust, at any rate, that the details will not be slurred over; and it will be for us to use our best faculties and endeavours to examine them, and to do our utmost to

310

Real Property Bills.-Practical Points of General Interest. No. XLI.

no reason to alter the opinion we expressed Prescription Act (2 & 3 W. 4, c. 71; see

concerning them nearly two years ago. Three of the intended measures we cordially approve. They are intended to remedy defects in our laws long felt; we mean, the Bills for making an alteration in the law of Descent, of Dower, and of Curtesy. Thus, there might be good reasons under the feudal system why the father should not inherit to the son, and why half blood should never inherit; but they have ceased to exist

ante 1), and appears to us to be opposed to the first principles of justice; but we shall refrain from any further remarks on it until we have the new bills (which have not at present reached us), when we shall enter fully into their details.

INTEREST.

No. XLI.

ASSIGNEES OF BANKRUPT.

with the system in which they originated; PRACTICAL POINTS OF GENERAL and their rules were otherwise inconvenient, and mischievous in their operation: the bill for altering them is therefore a good and proper one. So also the law respecting Dower, was so very ill suited to the feelings and tastes of the present time, that it was constantly evaded; and the evasion was per-THE following case decides several important mitted by the law, although the plans adopted were all more or less defective. points as to assignees of bankrupts. 1. That This state of things, therefore, has very the commissioner has a discretion in his properly been fixed upon for judicious alter- choice, and is not a mere returning officer. ation. The law as to Curtesy has long been 2. That if creditors sign resolutions, authorizconsidered anomalous and unsatisfactory.ing assignees to object to do certain acts as We rejoice in its intended change. The

Fine and Recovery Bill presents greater assignees, they cannot afterwards question the difficulty. It is perfectly true that these validity of their appointment. And, 3. It assurances are antiquated, fictitious, and would seem that the appointment is not comuseless in themselves; that they are expen-plete until the declaration of appointment is sive, and tend therefore to burthen the alien- signed by the commissioner. ation of property; but it must be recollected that they are greatly interwoven This was a petition relative to the due elecwith our laws, and that the cutting them tion of assignees. The facts were, that at a away will produce more embarrassment than meeting of creditors, appointed for the proof is generally supposed. On the whole, how- of debts, and for the choice of assignees, all ever, we approve of the principle of their the creditors then present, except Samuel abolition, reserving to ourselves the exami- for the nomination of the petitioners, Nash, UsAdams and Glyn signed the usual memorandum nation of the deeds, which are to be substi-borne, and Wood, as assignees. Mr. Glyn was tuted in their room; and we may observe, that as there must necessarily be a substitute for them, the practitioner will suffer little, if at all, by this change; it will be the legal sinecurist who will feel it.

also applied to to sign it, but refused. Glyn was requested to subscribe another memorandum, signed by Adams alone, and by which Adams nominated as assignees William Cater and Robert Morecock (who were in fact the assigThe fifth bill, however, the new Statute the commissioner). Glyn, however, refused to nees, ultimately adopted and appointed by of Limitations as to Real Actions, appears sign this, and left the meeting, declaring he to us a most dangerous and ill-advised mea- would not vote at all in the choice. The meetsure. Let it be admitted that the presenting took place at 12 o'clock, on the 20th Janperiod of sixty years is too long, and that the law on this head is very defective; does it follow, that we are at once to reduce the time, in which all claims to land are to be barred to twenty years? Do we not all recollect in practice cases in which this restriction would work the greatest injustice? It clashes directly with Lord Tenterden's

a See 1 L. O. 401. We have already reprinted most of these bills as originally introduced. See 2 L. O. 300, 310, 323.

uary; and Glyn left the meeting about 2 o'clock. The business of the meeting proceeded till four o'clock, when all the creditors titled to vote in the choice of assignees, having of the bankrupts, then present, who were envoted, the commissioner said that the choice of assignees was ended, and he required the lists or memorandums in favor of the respective nominations of assignees to be handed to him, in order that the same might be called over, and that he might certify on whom the choice had fallen. The memorandum signed by Adams was signed by no other creditor; and his debts thereon amounted to 27,419.