100 Analytical Digest of Cases: House of Lords-Appeal. Porter v. Shephard, 6 T. R. 665; Rede v. Farr, 6 Maule & S. 121; Hyde v. Watts, 12 M. & W. 254; Heard v. Wadham, 1 East, 630. LIFE INSURANCE. See Insurance on Life. MANDAMUS. will, and which was, with the will, admitted to probate. K. was the testator's wife, to whom was given an estate for life in all the classes of the property. The will required implicit obedience to certain orders of the testator on the part of "the individual first to inherit after K.;" and if not, "the property aforesaid set down Railway bridge.-Option under 8 & 9 Vict. and particularised in No. 1, to go to M., if not c. 20, s. 46.-Under the 8 & 9 Vict. c. 20, s. to L., and afterwards to his eldest lawfully be46, a railway company has the option, when its gotten son, &c." There were similar expresline of railway crosses a turnpike road or a sions with regard to N. and O. The card public highway (except when otherwise pro- showed that these two letters were intended for vided by the special Act), either to carry the the eldest sons of two nephews, but who were road over the railway or the railway over the then unborn. The property No. 1, consisted road. A mandamus to command the company of very large sums in stock, which the exeto do one of these two things is therefore de-cutors of the will were to invest in the purchase fective, unless it shows, on the face of it, cir- of real estate; and in page 54, L. was named cumstances which establish the impossibility of the company exercising this option. Where such a mandamus had been issued, and the return had merely traversed that the road was a public road, and the issue thus raised had beeen found against the company, and a peremptory mandamus had been awarded, Held, that on a writ of error, the Court of Error being satisfied that the mandamus itself ought not to have issued, had properly reversed the whole judgment. Regina v. South Eastern Railway Company, 4 H. of L. Cas. 471. Case cited in the judgment: Mayor of London v. Reginam, 13 Q. B. 1. MISDIRECTION. Bill of exceptions, when informal.—A bill of exceptions, which sets forth what a Judge was asked to direct, and alleges that he refused to give such direction, is informal and bad. A bill of exceptions should state what direction Judge gave, as it is misdirection, and not nondirection, which is the subject of an exception. (By the Judges.) Anderson v. Fitzgerald, 4 H. of L. Cas. 484. Case cited in the judgment: M'Alpine v. Mangnall, 3 C. B. 496. And see Insurance on Life. Construction of.-Executory trust.-Costs."Inherit."-" Son."-" Grandson."-A testator, by a will, written on the pages of a small note-book, divided his property into three classes, marked No. 1, No. 2, No. 3. He devised these classes of property to persons designated by letters. The order of "succession" was marked in one page (54) of his will. This page contained the words-"The eldest and other sons to inherit before the next letter." The persons designated by the letters were all named in a card, which was referred to in the as the person to take No. 1, after the life estate of K. A grandson was "to inherit before the next named in the entail or any one of his sons." Class No. 2, consisted of a small estate in land, and by page 54, O. was, as to that, to succeed to K., and there estate then given to O. was expressly a life estate, with remainder to his eldest and other sons in tail male; and it was there also said " a grandson legitimate shall inherit before a younger son." Class No. 3, consisted of certain estates in Suffolk; the "succession' was 66 there, was (page 54) "1st to K. and then to M.," and the devise (page 47) 51st to K. and then to M., and afterwards to his eldest legitimate son and then to his other legitimate sons in order of primogeniture, provided, but not else, the eldest have no issue male; if he have, it will go to him, and so on to the other sons in like manner. After the decease of K., I repeat, I bequeath all the property aforesaid to M. and his heirs male, in the manner aforesaid, as in the case of L., &c., at page 2, and I mean and order that this mode shall prevail throughout the whole entail, under precisely the same injunctions." Held, that, reading all the parts of the will together, L. only took a life estate in No. 1, with remainder to his eldest and other sons in tail male. Held, also, that this was not an executory trust. The Court of Exchequer, on an information filed by the Attorney-General for legacy duty, had held that L. took an estate tail. On a bill to carry into effect the trusts of the will, the Vice-Chancellor Turner held that L. took a life estate only. The Vice-Chancellor's decision was affirmed; but as the testator had himself created the difficulty, the costs were allowed to come out of the estate. Meaning of words "son," and "grandson," and "inherit." East v. Twyford and another, 4 H. of L. Cas. 517. Cases cited in the judgments: Wight v. Leigh, 15 Ves. 564; Goodtitle v. Herring, 1 East, 264; Shelley's Case, 1 Co. Rep. 104, b.; Colson v. Colson, 2 Atk. 246; Vanderplank v. King, 3 Hare, 1; Leake v. Robinson, 2 Mer. 363. 22 The Legal Observer, AND SOLICITORS' JOURNAL Still attorneyed at your service."-Shakespeare. SATURDAY, DECEMBER 9, 1854. ATTORNEYS' BENEVOLENT INSTI- is in course of circulation, justly states, that TUTION. England is eminently distinguished by the numerous and wealthy establishments We are glad of an early opportunity to which exist in every part of the kingdom call the attention of our readers to a new for the relief of different classes of society, Institution, which is proposed to be esta- adapted to meet almost every case of disblished for "the relief and support of old, tress; they are indeed so many and so infirm, and indigent London Attorneys." various that it would be difficult even to The plan has long been under the consider- enumerate them, nor will it be here atation of several leading members of the In- tempted, as it will be sufficient for the precorporated Law Society, and looking at the sent purpose to mention a few only, which present state of the legal Profession, the more particularly resemble that which it is proposed relief appears to be most pressingly the object of the present address to propose. required. Although all other professions have increased, and are increasing, in number, the attorneys are decreasing: and the number of those who remain on the roll, but are unable to pay the annual Certificate Tax until a late period of the year, is very large-showing by their exclusion from the Law List that great poverty prevails, occasioned, no doubt, by the unceasing alterations in the Law, some of which, we do not dispute, may be useful, but a large proportion, we believe to be equally useless to the public and injurious to the Profession. The "The Church and the Medical Profession, as well as the Army and Navy, have each their charitable institutions and funds for the relief of their aged, infirm, and indigent members, as also of their widows and fatherless children. The Stipendiary Magistrates of the metropolis, and likewise the Clerks in several of the Government and other public offices, are required to contribute a portion of their salaries towards a superannuation or retiring fund. officers of the East India Company, on entering their profession, commence with a It is lamentably true, that many of our subscription to a military fund; and almost unfortunate brethren, who late in life are every trade has its charity for the relief of deprived of the means of subsistence, resort its aged, infirm, and indigent members; to charitable institutions designed for the and others are constantly forming :-not to relief, not of professional men but of needy mention the numerous alms-houses, particupersons in other classes of society; those larly those belonging to the different corgeneral charities should surely be relieved porations of trading companies in the city of such burdens, and the Profession provide of London and elsewhere, and the innumerfor its own aged, indigent, and infirm mem- able friendly societies scattered over the bers. Indeed, we cannot doubt that when country; but those to which attention may the subject is fully brought before them, the be more particularly directed for the pre3,000 London solicitors will raise a sufficient sent purpose are Morden and Dulwich fund, either by donations or annual sub- Colleges, the Charterhouse, and similar esscriptions, to provide for their meritorious tablishments." but unsuccessful brethren. The promoters of the plan next observe, The prospectus of the Institution, which that VOL. XLIX. No. 1,396. G 102 Attorneys' Benevolent Institution. "Amidst examples so numerous and so indeed, and the majority have nothing but their laudable, in all ranks and conditions of so- own unaided exertions to rely upon. To that ciety, it is matter of surprise that the At-class of the Profession the present plan is more torneys and Solicitors resident in the Me- particularly submitted, as they are most liable to be affected by the contingencies and catropolis should be wholly destitute of any lamities of life, for which it is intended thus to establishment or provision for the relief of provide. the indigent members of their Profession, in cases of old age, bodily infirmity, or mental incapacity." "There is, it is true, one charitable institution belonging exclusively to the Attorneys, viz. The Benefit Law Association, which was established in the year 1817, and is composed of Attorneys living in London, who have either paid twenty guineas in one sum, or who pay an annual subscription of two guineas; but its funds are moderate, and confined to the relief of the widows and families of deceased members, and cannot be applied to the support of members themselves whilst living, or their families, 66 'If, however, notwithstanding all the difficulties a young Attorney has to contend with, he is able to establish a business, and even admitting that the profits of it would be sufficient for the support of himself, a wife, and children; yet his life is subject to various vicissitudes, casualties, and misfortunes, which with the utmost prudence it is impossible invariably to guard against. He may provide for death by insurance, but not against bodily infirmity or mental incapacity, either of which may, and one or other often does partially, if not totally, incapacitate him from attending to business; and in this respect the profession of an attorney, more particularly and entirely, depends upon the personal confidence which clients When repose in his ability and integrity. that is once destroyed or suspended, even for a short time, his business is almost always totally lost, for it cannot be carried on by clerks, "The past neglect of the Attorneys appears or transferred to successors like a trade, which, the more extraordinary when we consider the when once established, may continue to be many cases of unfortunate members of the Pro-carried on either by a man's wife and family, fession, who are struggling with old age, in- although he may be incapacitated from attendfirmity, disease and poverty, and lingering out ing to it himself, or, after his death, by means a miserable existence dependent upon casual of assistants and shopmen. The Attorney may charity for support. be also ruined at one blow by accident or misplaced confidence; and if once cast down, his credit is destroyed, and it is but very rarely indeed that he can have the opportunity of re however necessitous their condition." It is the object of the address to bring this class of Attorneys to the notice of the Profession, and the Prospectus states, that "It will perhaps be said, by some of the more fortunate and wealthy members of the Profession, that it is sufficiently lucrative to enable a man with common industry and pru-establishing himself." dence, not only to support himself and family, Under these circumstances, it seriously but also to provide for the accidents and con- behoves Attorneys no longer to delay pro tingencies of life. "That an Establishment shall be formed for the support of the aged, infirm, and indigent "However this may have been the case for-viding a remedy for these evils, and which, merly, but which may fairly be doubted, it is it is suggested, may be accomplished by certainly not so at present, for from various the following plan, viz. :— causes the profits of an Attorney are very much reduced, while their number continues undiminished, and amount at present to nearly 7,000 in the country, and 3,000 and upwards in London; and the number of indigent members of the Profession has for a long time past been increasing, and must continue to do so. And although it may be said that the evil will partly cure itself as soon as it is discovered that the supply of professional labour exceeds the demand, yet in the meantime a great deal of misery is generating and urgently requires to be provided for. INSTITUTION. "That the objects of the Institution shall be divided into two classes : "The one to be composed of widowers, without families living with and dependent upon them, and of bachelors, who shall reside together in a public building to be built, purchased, or rented for the purpose, and to be called 66 THE LONDON ATTORNEYS' COLLEGE OR HOSPITAL, "And when it is asserted that the profits of an Attorney are sufficient to support him and his family respectably, and also to make provision for the contingencies of life, it is assumed that he has business, whereas the acquiring of it is a work of time, and the result and shall be denominated In-Pensioners, and very uncertain. Some men, indeed, are en-maintained and supported out of the funds of abled, with the assistance of family connexions the Institution, in like manner as the inmates or powerful friends, to form a business of their of Morden College and the other similar establishments. own, and others are rich enough to buy a practice or a share of one; but these are few 66 The other class,-viz. those having wives Attorneys' Benevolent Institution. 103 or children living with or dependent upon (Honorary Secretary), at the Incorporated them, shall be denominated Out-Pensioners, Law Society's Hall, Chancery Lane. and may be permitted to reside in any part of The Provisional Committee are:-Mr. the United Kingdom that they may select, and Holme (Chairman), Mr. Austen, Mr. Keith be allowed such pensions as may be necessary, Barnes, Mr. Alfred Bell, Mr. Coverdale, Mr. Farrer, Mr. Gregory, Mr. Lavie, Mr. Leman, Mr. Maynard, Mr. Ranken, Mr. Sudlow, Mr. Wilde, and Mr. John Young. and the state of the fund will allow. "That in the meantime, and until the College is ready for the reception of the InPensioners, all the Pensioners must necessarily be considered as Out-Pensioners. "That the Funds necessary for the support of the Institution shall be raised by the contribution of not less than 17. a year by every Attorney taking out a London certificate, to be paid by him to the Secretary of the Incorporated Law Society at the time when he gives his certificate enabling the Attorney to obtain from the Stamp Office his annual certificate to practise, and to be accounted for and paid by the Secretary to a person to be appointed Treasurer of the Institution. "It is presumed that no London Attorney can reasonably object to the payment of so small an annual sum (which is not more than, if so much as, the members of friendly societies usually pay to their clubs), seing that he has recently been relieved from the payment of 31. a year by the repeal of that sum on his certificate, and more particularly when he reflects that it is destined for the support of an Institution of which he himself or some part of his family may possibly have the misfortune to become an object. "It may also be reasonably expected that the more wealthy members of the Profession will be induced to subscribe towards a fund for the building of the College, and likewise annual subscriptions for the support of the Institution, and may remember it in their wills. votes each "The Institution to be under the management of a Council or Committee consisting of members, having as a qualification, to be chosen by the subscribers out of the body at large; each of whom shall have one vote in respect of his annual subscription, and one vote for every additional annual subscription of 17. and for every donation of 10%. We can add but little to the just and forcible appeal which is thus made to the Attorneys and Solicitors of the Metropolis. The Medical Profession has of late years successfully established an extensive Institution at Epsom for purposes similar to those now proposed on behalf of the larger branch of the Legal Profession; and there is also in progress a Society for the disabled Clergy, comprising the members who, havduring long illness or incapacity, or in old ing no permanent appointment, are subjected age, to painful dependence. Clerks, to their great credit, subscribe nearly 1,2001. a year for the support of their sick or disabled brethren. The Law We trust it will soon be seen, that amidst all the changes which have taken place, enough remains to enable the Metropolitan Solicitors to carry into effect the objects of this benevolent Institution. This new Association is essential to complete the series of great and important improvements effected by the Attorneys and Solicitors during the last 25 years. It may not be useless to record briefly the services rendered to the Profession, and thereby consequently to the public, during that quarter of a century. Excluded from the Inns of Court by the regulations of the Benchers in some of the Inns in 1825, and in the others in 1828, the Attorneys commenced the Institution since called "The Incorporated Law Society," and having purchased land, erected a Hall, Library, and Offices, obtained a charter in 1831, and the building was opened in 1832. In the next year, 1833, "The Council to have power from time to time to make rules and regulations for the government and management of the Institution. "The Pensioners to be elected by the mem-several Courses of Lectures were established bers at large, each member having the same number of votes as he is entitled to on the election of Members of the Council." on Common Law, Equity, and Conveyancing, and subsequently on Bankruptcy, Criminal Law, and Proceedings before Justices of the Peace. In 1835, a memorial was The Promoters of the Institution, who presented by the Committee of Managehave circulated the above statement, are ment of the Institution, suggesting an exadesirous of ascertaining the opinion of the mination of Articled Clerks before admission. London Attorneys before convening a Ge- on the Roll. In 1836, the Judges of the neral Meeting, to consider the details of Common Law Courts and the Master of the measure, and elect a Committee of the Rolls adopted the suggestion, and made Management; and they have requested the rules and regulations for carrying it into favour of an answer, with any observations effect. In 1841, a Bill was prepared for, or suggestions, to be sent to Mr. Maugham and introduced by, Lord Langdale, to con 304 Attorneys' Benevolent Institution. Meeting of Parliament.-New Com. Law Rules. solidate and amend the Law of Attorneys. legislation will be brought forward, and The Act passed in 1843, under which the amongst others, we are informed that the examination was made permanent, and the Executor and Trustee Society will again Incorporated Law Society appointed Re- take the field in behalf of the project of gistrar of Attorneys. The Society now last Session which was so signally defeated. consists of nearly 1,200 London Attorneys, and the number of Provincial Attorneys is also gradually increasing. Upwards of 90,000l. has been invested in the site, buildings, books for the library, fixtures, and furniture; and the members subscribe upwards of 2,2001. a year towards the current expenses of the establishment, exclusive of their entrance fees, which at first were 257., then reduced to 15., and now 57. We conceive, however, that Bills of this kind should be introduced as public measures, because they seek to alter the longestablished Law and to confer powers on a corporate body, which, to say the least, must affect a large part of the community, and introduce a novel practice in our system of Equity. Brought in as a private Bill, the Public, as well as the Profession, are deprived of the opportunity of opposing its principle or details, except at an enor All these large investments of capital and mous expense. Such measures, indeed, annual expenditure, it will be recollected, are carried in a comparatively stealthy have been made during the existence of the manner, and unless there is an active and oppressive Tax on Annual Certificates,-an vigilant opposition, there is little chance of impost not payable by any other profession, a sufficient hearing or an impartial investiand whilst year after year the merciless gation. A few members, either interested Law Reformers were reducing the emolu- in the success of the project, or deceived ments of the practitioners. They might as to its utility or probable consequences, indeed have excused themselves from ef- attend the several stages of the Bill and fecting these improvements; but they have prevent the searching discussion which generously contributed, not only large ought to take place. In the last Session funds, but the Council have bestowed their of Parliament, a cry was raised that valuable time, week by week, in promot- Joint-Stock Trust Companies must necesing and carrying into effect the various sarily be good for the public, because measures we have referred to. This benevolent Institution will crown their labours, and we trust its promoters will live to see it flourish like the parent society. MEETING OF PARLIAMENT, PRIVATE BILLS. EXECUTOR AND TRUS TEE SOCIETY. Ir may be reasonably anticipated that the public business, which will be brought before Parliament, between the 12th instant and Christmas Day, will be confined to the great and pressing subject of the War, its progress hitherto, the present state of affairs, and its future management. Scarcely any other topic, however otherwise interesting, will obtain a hearing. We may therefore expect that the agitation of further measures of Law Reform will be suspended. Nevertheless, we shall, of course, be watchful. Probably some notices may be placed on the votes and proceedings of projects for consideration hereafter. It may be anticipated, however, that, notwithstanding the debates will involve only the one predominant subject of national interest, numerous matters of private they were opposed by the lawyers; and when they came on, the House was little inclined to listen to any objections, because the Minister brought down a message from the Crown announcing the declaration of war with Russia. Fortunately, however, a hearing was obtained in the Upper House, and a Select Committee, after sitting several days on the subject, hearing counsel, and taking evidence pro and con, decided against the measure. It is rumoured that, besides the revival of the Executor and Trustee Society, several applications will be made to incorporate other institutions for similar purposes. NEW COMMON LAW RULES.1 FORMS OF PROCEEDINGS. THE forms of proceedings contained in the Schedule hereunder may be used in the cases to which they are applicable, with such alterations as the nature of the action, the description of the Court in which the action is depending, the character of the parties, or the circumstances of the case may render necessary; but any variance therefrom, not being in 1 See the Rules, p. 87, ante. |