Page images

the Sta


THRING'S SUCCESSION DUTY ACT. Recently published, price 11. 58., in 8vo., cloth bds., the Second Edition of

This day is published, in 12mo., price 58. 6d. cloth, A TREATISE on the PRINCIPLES of EVIDENCE THE SUCCESSION DUTY ACT, 1853 ; with an Intro

and PRACTICE as to PROOFS in COURTS of COMMON duction, explanatory and illustrative Notes, and an Index. By LAW; with Elementary Rules for conducting the Examination and HENRY THRING, M. A., Barrister at Law. Cross-examination of Witnesses. By W. M. BEST, A. M., LL. B., of

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
Gray's-inn, Esq., Barrister at Law.
S. Sweet, 1, Chancery-lane.

This day is published, in 8vo., price 11. 11s. 60. boards



Edition, with new Tables, and a Supplement, containing
In I vol. royal 12mo., price 18s. cloth boards,

tutes and Cases to the present time, and a new Index to the whole. By THE PRACTICE of the COUNTY COURTS; in Eight HUGH TILSLEY, Esq., Assistant Solicitor of Inland Revenue


Also, in 8vo., price 88. boards, and Industrial and Provident Societies Acts.--3. Jurisdiction under TILSLEY'S STAMP ACTS of 1850 and 1853, with Joint-stock Companies Winding-up Act.-4. Jurisdiction as to Insolvent Debtors.--3. Jurisdiction under Protection Acts.-6. Proceedings against Tables of all Stamp Duties now payable. Fourth Edition. Judgment Debtors.-7. Arrest of Absconding Debtors.-8. Administra

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. tion of Charitable Trusts. With the Decisions of the Superior Courts, Just published, in foolscap 8vo., cloth boards, price 23. 6d., and Table of Fees. Also an Appendix, containing all the Statutes, a List of the Court Towns, Districts, and Parishes, and the Rules of

Practice and Forms. By CHARLES EDWARD POLLOCK, Esq., of

to “ COMMISSIONERS to ADMINISTER OATHS in CHANthe Inger Temple, Barrister at Law. The Second Edition, much

CERY;" being a Collection of officially-recognised Forms of Jurats and enlarged.

Oaths; with Explanatory Notes and Observations. By THOMAS W. S. Sweet, 1, Chancery-lane.

BRAITHWAITE, of the Record and Writ Clerks' Office.

These Forms and Directions (a strict compliance with which will inTHE NEW LAW OF EVIDENCE.

sure the validity of the oath) will be found as serviceable to Solicitors as Price 38. boards,

to all persons authorised to administer oaths in connexion with proA TREATISE on the POWER of the COURTS of COM. ceedings pending in the

Court of Chancery. MON LAW to compel the Production of Documents for Inspec

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. tion; with an Appendix, containing the Act to Amend the Law of BRAITHWAITE'S EPITOME OF THE NEW CHANCERY Evidence, 14 & 15 Vict. c. 99, and Notes thereto. By CHARLES

EDWARD POLLOCK, Esq., of the Inner Temple.

This day is published, in 12mo., price 88. cloth,
S. Sweet, 1, Chancery.lane.

CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL. containing the Acts 15 & 16 Vict. cc. 80, 86, and 87, and all
In 1 vol. royal 8vo., price 11. 118.6d, cloth,

the General Orders hitherto made in pursuance thereof; so arranged

With an ApA PRACTICAL TREATISE on the LAW of CON- as to give a connected reading to the Acts and Orders. TRACTS NOT UNDER SEAL, and upon the usual Defences to

pendix containing the Acts and Orders. By THOMAS W. BRAITHActions thereon. By JOSEPH CHITTY, Jun., Esq. The Fifth Edi

WAITE, of the Record and Writ Clerks' office.

Stevens & Norton, Bell-yard, Lincoln's-inn. tion.

By JOHN A. RUSSELL, LL.B., of Gray's-inn, Barrister at
Law, and Professor of English Law in University College, London.

S. Sweet, 1, Chancery-lane.

In 8vo., price 8s. boards,
Recently published, in 1 vol. 12 mo., the Second Edition, price 128. cloth

86, and 87), and all the GENERAL ORDERS,(including those of boards, of

the 3rd and 4th December); with Notes, an Index, and References to THE LAW OF HORSES; including the Bargain and Sale

Daniell's Practice. To which is added, an Appendix of Porms, &c. of Chattels; also the Law of Racing, Wagers, and Gaming. By By T. E. HEADLAM, Esq., M. P., Q. c. GEORGE HENRY HEWIT OLIPHANT, Esq., of the Inner Temple,

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. Barrister at Law, Author of "The Law of Pews and Prohibition," HEADLAM'S TRUSTEE ACT, 1850.-SECOND EDITION. "The Law of Church Ornaments," &c.

In 12mo., price 3s. 6d. sewed,
S. Sweet, 1, Chancery-lane.

THE TRUSTEE ACT, 1850, with an Introduction, Notes,
In 8vo., price 108. boards,

and an Index. By T. E. HEADLAM, Esq., M.P., one of her A

TREATISE on the Law of EQUITABLE MORT. Majesty's Counsel. Second Edition, with the Cases decided upon the GAGES, containing a Statement of the Law respecting the Liens

Act to the present time. To which are added the TRUSTEE RELIEP of Vendors and Purchasers, of the Rights and Remedies of Equitable ACTS, with the GENERAL ORDERS and CASES. Mortgagees by Deposit of Deeds, of the Effect of Notice with regard to

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. Equitable Mortgages, of the Priority of Judgments over Equitable Mort

STARKIE'S LAW OP EVIDENCE.-FOURTH EDITION gages; with Observations on the Dictum of Lord Cottenham, and the Judgment of the Vice-Chancellor Wigram in WHITWORTH v. GAUGAIN,

This day is published, in one thick vol. royal 8vo., price 11. 168. cloth, mor on the Course of Proceeding on the Bankruptcy of an Equitable A PRACTICAL TREATISE on the LAW of EVI. Mortgagor; with an Appendix, containing the Judginent of the Vice

DENCE. By THOMAS STARKIE, Esq. Fourth Edition, Chancellor Wigram in WHITWORTH v. GAUGAIN, Forms for Equitable with very considerable alterations and additions; incorporating the StaDeposits, &c., and an Index. By SAMUEL MILLER, Esq., Barrister

tutes and reported Cases to the present time. By G. M. DOWDESat Law.

WELL, Esq., and J. G. MALCOLM, Esq., Barristers at Law. 8. Sweet, 1, Chancery-lane, Fleet-street.

“ It is also the only work of which a new edition has been brought

out at such a time as to render it possible that it should apply to LAW OF MERCHANT SHIPPING.

practice, with any degree of consideration and accuracy, the modern Recently published, in 1 vol. 8vo., price 20s. in cloth boards, changes in the law The volume published has been rendered A the principles of the

SHIPPING, with an Appendix, containing all the Statutes of Law of Evidence."--Legal Observer, Nov. 27, 1852. practical utility: By FREDERIC PHILIP MAUDE and CHARLES

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. EDWARD POLLOCK, Esqrs., of the Inner Temple, Barristers at Law.



Just published, in 12mo., price 138. cloth,
In 1 thick vol. 8vo., price 11. ls. cloth boards,


merous Notes explanatory of its practical Effect as to Process, A CONCISE and PRACTICAL VIEW of the Law of Practice, and Pleading and an introduction dabez. Benek Rus Esma

. By Sir , . To which are , the New and EDWARD SUGDEN.

Orders, Tables of Costs and Fees, Regulations as to Admission, &c. S. Sweet, 1, Chancery-lane.

of Attornies, the New Rules on Pleading, and a new and copious Index SIR E. SUGDEN'S WORK ON THE REAL PROPERTY

to the whole.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.
In 1 vol. 8vo., price 168. cloth boards,


In 2 vols. royal 8vo., price 21. 108. boards, tations of Time, Estates Tail, Dower, Descent, Operation of Deeds,

PRIUS. Werker of Attendant Terms, Defective Executions of Powers of Leasing; AN ABRIDGMENT of the Law of NISI Wills, Trustees, and Mortgagees. By Sir EDWARD SUGDEN.

Eleventh Edition, enlarged and much improved, with the Statutes S. Sweet, 1, Chancery-lane.

and Cases brought down to the present time. By WILLIAM SEL

WYN, Esq., of Lincoln's-inn, one of her Majesty's Counsel, late ReIn 1 vol. royal 8vo., price 11. 118. 6d. cloth boards,

corder of Portsmouth. A TREATISE on the LAW Of PROPERTY, as adminis

Stevens & Norton, 26, Bell-yard, Lincoln's-inn. tered by the HOUSE of LORDS. With an Introductory Chapter

on the Jurisdiction of the House of Lords. By the Right Hon. Sir

Fifth Edition.-In royal 8vo., price 10s. boards,
S. Sweet, 1, Chancery-lane.




Esq.(the late LORD REDESDALE). The Fifth Edition, comprising lo 2 vols. royal 8vo., price 21. in boards, PRACTICAL TREATISE on POWERS.

a Large Body of Additional Notes, by JOSIAH W. SMITH, B.C.L., of A

By the Lincoln's-inn, Barrister at Law, 'Editor of Fearne's Contingent ReRight Hon. Sir EDWARD SUGDEN. The Seventh Edition. mainders, and Author of a Treatise on Executory Interests. S. Sweet, 1, Chancery-lane.

Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

LAW.WANTED, in an office of General Practice in SOUTHGATE & BARRETT have receired instructions

LECTURES by the Rep.D. MAURICE, Chaplain of STOCKS OF PROOER AND PRINTS:06 the fallowing uchubyAXPORTANT

Birmingham, a CLERK. , from Mr. Hogarth, of the Haymarket, to SELL by PUBLIC salary expected, and other particulars, H. S., care of Mr. Sunderland, AUCTION, at their Fine Art and Book Auction Rooms, 22, FleetLaw Stationer, Birmingham.

street, London, on WEDNESDAY EVENING, June 7th, and following

evenings, the whole of the remaining copies of the very celebrated a

work known as tice in the country, and now in the Office of a London Firm of

FINDEN'S ROYAL GALLERY OF BRITISH ART, high standing, wishes to enter into an ENGAGEMENT to CONDUCT the CONVEYANCING DEPARTMENT in a London Office. Address consisting of a limited number of artists' and other choice proofs, and X. Y., care of Mr. Lowe, Law Stationer, 27, Bell-yard, Lincoln's-inn. the print impressions, which are all in an exceedingly fine state. The

work consists of forty-eight plates, the whole of which are engraved in LA AW.-A Gentleman who passed his Examination last line by the most eminent men in that branch of art, and the pictures

Easter Term, but not yet admitted, is desirous of obtaining a selected will at once shew that the great artists-Turner, Eastlake, SITUATION in a CONVEYANCING OFFICE where he can improve Landseer, Stanfield. Webster, Roberts, Wilkie, Maclise, Mulready, and himself. The Advertiser would be willing to make himself generally more than thirty other British Masters-are represented by the works useful in the Business of the Office, and would accept a moderate salary. which established and upheld them in public favour, and by themes The country preferred. Address J. M. T., Post Office, Braunston, which appeal to universal sympathy and happiest affections, or which Daventry.

delineate the peculiar glories of our country:

The attention of the public is also particularly directed to the fact TO, SOLICITORS.- Any Gentleman advancing about that ALL THE ENGRAVED PLATES from which the impressions now

30001., for which security will be given, with or without procuring offered have been taken WILL BE DESTROYED IN THE PRESENCE OF a further advance of from 15,0007. to 20,0001., to be secured on a valu- THE PURCHASERS at the time of sale. By thus securing the market able and increasing Building Property, situate in a fashionable part from being supplied with inferior impressions at a future time, and at a near the sea, laid out on a large and expensive scale, might PARTI- cheaper rate, the value of the existing stock will be increased, and it CIPATE in the PROFITS of a PRACTICE and MANAGEMENT will become the interest of all who wish to possess copies of those eminent without the risk or anxiety of a partner. Real name and address, works of art at a reduced price to purchase them at this sale, which will (which will be treated confidentially), addressed O. P., care of Messrs. be THE ONLY OPPORTUNITY of obtaini them. Willis & Chipperfield, 8, Newgate-street.

SOUTHGATE & BARRETT beg also to announce that they will include

in their Sale by Auction of "Finden's Royal Gallery" the whole of the Lincoln's-inn.

, published by Mr. Hogarth Messrs. Lloyd & Co. A Course of SIX LECTURES will be delivered at Willis's Rooms,

Ehrenbreitstein, painted by J. M. W. Turner, R. A., engraved by John King-street, St. James's, by the Rev. F. D. MAURICE, on LEARNING

Pye.--Ecce Homo, from the picture by Correggio, engraved by G.T. and WORKING.

Doo.--The Dame School, painted by T. Webster, R. A., engraved by L. The Lectures will commence on THURSDAY, June 8, at 3 o'clock, and will be delivered at the same hour on the succeeding Thursdays, Evans, of Eton, engraved by Charles Lewis - Portrait of Mrs. Elizabeth

Stocks.-Eton Montem, two views illustrative of, from pictures by till they are completed. Tickets, 11. Is. for the Course, or 5s. for each Lecture, may be ob- Fry, engraved by Samuel Cousins, A. R. A., from a picture by George

Richmond.-Portraits of eminent Persons, by George Richmond and C. tained at Messrs. Hookham's Library, 15, Old Bond-street; at Messrs.

Baugniet.- Portrait of W. C. Macready, Esq., as Werner, painted by Mudie's Library, 510, New Oxford-street; at Mr. Nutt's, Foreign Book

D. Maclise, R. A., engraved by Sharpe.-Flowers of German Art, a seller, 270, Strand; at Mr. Lumley's, Bookseller, Southampton-street,

series of twenty plates by the most eminent engravers.--Crapstone's High Holborn; at Mr. G. Bell's, Publisher, 186, Fleet-street; and at Messrs. J, W. Parker & Son's, 445, West Strand.

Fugitive Etchings, seventeen plates.-Turner & Girtin's River Scenery,

thirty plates.-Cottage Piety, painted by Thomas Faed, engraved by The Syllabus of Lectures may be had gratis on application.

Henry Lemon, (unpublished) -See Saw, painted by T. Webster, R. A., In a few days will be published,

engraved by Holl, (unpublished).-- Village Pastor, painted by W. P. SETON'S FORMS of DECREES in EQUITY, and of briguido, en engeren bir doll-The Immaculate Conception, painted

by in line by W. H. Watt. A new Edition, the second),

Charles the First his Theory of the Circulation of the Blood, painted by adapted to the present Practice; with Practical Notes. By W. H.

Hannah, engraved by Lemon.-The Origin of Music, painted by Selous, HARRISON, Esq., Barrister at Law, and R. H. LEACH, Esq., one of

engraved by Wass.—The First Step, painted by Paed, engraved by the Registrars of the Court. Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Sharpe.- The Prize Cartoons, published by Messrs. Longmans & Co.

ALL THE ENGRAVED PLATES of the above-mentioned Engravings This day is published, in 12mo., price 10s. 6d. cloth,

WILL BE DESTROYED in the presence of the purchasers at the time of the of Lord Stowell and other English “ Finden's Royal Gallery." Judges, and of the American Courts, and the Opinions of the most emi- Framed Impressions of each of the Plates, as well as of the “ Finden." nent Jurists. With an Appendix of the Official Documents and Cor- can be seen at Mr. Hogarth's, 5, Haymarket; at Messrs. Lloyd, Bro. respondence in relation to the present War. By WILLIAM HAZLITT thers, & Co., 22, Ludgate-hill; and at the Auctioneers', 22, Fleet-street, and HENRY PHILIP ROCHE, Esqrs., Barristers at Law.

by whom all communications and commissions will be promptly and Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

faithfully attended to.

In the same Sale will also be included the very extensive, highly. Just published, in 12mo., price 4s. 6d. cloth,

important, and extremely choice Stock of MODERN ENGLISH and ORDERS in ; with an Introduction a Books of Prints of Mr. Hogarthof the Haymarket. copious Index, (forming a Supplement to "The Outline of the Practice

Amongst the ExGRAVINGS will be found, in the BEST STATES of in Lunacy”). By JOSEPH ELMER, of the Office of the Masters in

Artists' and other choice Proofs, nearly all the popular Plates that Lunacy. Stevens & Norton, Bell-yard.

have been published during the last quarter of a century; also an ir

portant Collection of Foreign Line Engravings, in the best states; a In 2 vols. royal 8vo., price 385., the Third Edition of

large variety of Portraits and other subjects, after Sir Joshua Reynolds, THE LAW of CONTRACTS. By C. G. ADDISON,

some very rare; an extensive Series of Prints by Hogarth, in early

proofs, and with curious variations; a most complete Series of Artists' Esq., Barrister at Law. Comprising Contracts of Buying and

Proofs of the Works of George Cruikshank, including nearly all his Selling, Letting and Hiring, Borrowing and Lending, Mortgage and Pledge, Work and Services, Charterparties, Bills of Lading, Bills of Series, in fine states, by Sir Robert Strange. The Stock is peculiariy,

early productions, many unique; a number of scarce Old Prints, and a Exchange, Promissory Notes, Bailments, Maritime Fire and Life Insu

rich in the Works of J. M. W. Turner, R. A., and comprises artists rance, Agency, Suretyship, Partnership, Joint-stock Companies, &c. London: Stevens & Norton. Law Booksellers, Bell-yard, Lincoln's-inn.

prooss and the choicest states of all his important productions, and

matchless copies of the England and Wales and Southern Coast.' The This day is published, in 12mo., price 58. cloth,

Collection of HIGH-CLASS WATER-COLOUR DRAWINGS consists of THE BURGESS'S MANUAL; a Practical Exposition of examples of the most eminent Artists, particularly, some magnif the Constitution of Corporate Towns, as regulated by the various

cent W. Turnerwell as variety of the Municipal Corporation Acts; comprising the Provisions relating to the

early English School, and some by the ancient Masters; also a inost iaMunicipal Elections, the Officers of the Corporation, the Town Council, teresting Collection by Members of the Sketching Societs. Of the the general Government and Improvement of and the Administration

modern School are examples byof Justice in Boroughs, and the Grant of Charters of Incorporation to

Fielding, C. Lewis, J.

Prout non-corporate Towns. By FREDERIC MERRIFIELD, Esq., Barrister


Liverseege Tayler, F. at Law,


Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Cattermole Landseer, E. Muller


This day is published, in 12mo., price 108. 6d. cloth,

Catalogues of the entire Sale will be forwarded on receipt of twelre
A MANUAL OF CIVIL LAW; or, Examination in the
Institutes of Justinian: being a Translation of and Commentary

postage stamps, and all communications and cominissions promptis on that Work. With an Introduction on the History of the Roman

and faithfully attended to. Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at

22, Fleet-street, London. Law. Stevens & Norton, 26, Bell-yard, Lincoln's-inn.


Park Square, Regent's Park, in the Parish of St. Marylebone, in the This day is published, in 12mo.. price 68. cloth,

County of Middlesex, at his Printing Office, situate in Parker Street,

in the Parish of St. Giles-in-the-Pields, in the County aforesaid; and THE CHARITABLE TRUSTS ACT, with copious Notes; Published at No. 3, CHANCERT LANE, in the Parish of St.

Dunsten To is in Westthe City of London, by HENRY , Boosan Appendix of Precedents of Schemes. By W. F. FINLASON, Esq., SELLER and PUBLISHER, residing at No. 41, Great Coram Street, is Barrister at Law.

the Parish of St. George, Bloomsbury, in the County of Middleser.Stevens & Norton, 26, Bell-yard, Lincoln's-inn.

Saturday, June 3, 1854.

A MANUAL of the LAW Of MARITIME WARFAREL Sale in de securing lehem the same advantages as in the sale of the

[ocr errors]

No.909_Vol. XVIII.

JUNE 10, 1854.


[ocr errors]


Whitbread 7. Smith.—(Mortgage-Previous Limila.

for Revocation-Abuse of Franchise-Breach of tions not altered by Form of Proviso for Redemp

Condition-Scire Facias-Private Prosecutor). 481 tion-Innes o. Jackson, (1 Bligh, 104)-Several

COURT OF QUEEN's BENCH. Deeds held to form one Transaction, from Altera. Ex parte The Overseers of Warblington.-(Lighting tions)......


and Watching Act, 3 & 4 Will. 4, c. 90-Notice VICE-CHANCELLOR KINDERSLEY'S COURT.

of Adoption of Act—" Forthwith"-" Chapel" — Smith o. Pocock.-(Fraud-Negligence-Solicitor).. 478 Order of InspectorsRefusal by Justices to grant VICE-CHANCELLOR STUART'S COURT.

Warrant of Distress Application against Jus.
Gallemore o. Gill. -(Will Construction Legacy

tices and Overseers-11 & 12 Vict. c. 44, s. 5–

494 payable out of Real Estate)..........



Hegarty and Clark v. Milne and Smith.-(Agreement
Ledger o. Hooker.—(Will— Construction - Cumula-

- Štamp).

496 tive Legacies)


The Imperial Gas-light and Coke Company o. The
The Eastern Archipelago Company o. The Queen.-

London Gas-light Company.—(Statute of Limita(Charter-Trading Company-Condition-Proviso

tions- Fraud)...


[ocr errors]
[ocr errors]

... 481

LONDON, JUNE 10, 1854.

barred of dower by a clear implication; and the learned

judge satisfied himself of the intention of the testator, The case of Warbutton v. Warbutton, (17 Jur., and of the law upon the whole subject of amplitude of part 1, p. 415), decided recently by Sir J. Stuart, provision, and he thought it was clearly the intention V.C., demands particular notice, not so much in refe- that she should not have both. But that case is far rence to its merits as a precedent, but because, while from being a decision, that the mere circumstance of a purporting to proceed upon well-established principles, testator giving a leasing power to his trustees is enough it clearly departs from them, and throws doubt upon to raise an implication of his intention to exclude his decisions of unquestionable authority. In that case widow from her dower. . . . . The whole amount of the testator, by his will, dated the 28th June, 1846, the provision made for his widow is an annuity of gave all his real, leasehold, copyhold, and personal 201.; and I find also a provision made for a stranger of estate upon trust to sell and dispose of the leasehold exactly the same amount. So far from there being in and personal estate, and to invest the proceeds thereof, this case the great and governing circumstance that. and to receive the rents, issues, and profits of the real existed in the case of Hall v. Hillthe provision for estate, and by, with, and out of the proceeds arising the widow as compared with the amount of the assets therefrom to pay to his wife an annuity of 201. for life; that, instead of being an ample provision, it was such, to pay Mary L. a legacy of 1001. and an annuity of that if put to her election, the widow would have 201. for life; and, after other bequests and directions, elected to take her dower.” the testator empowered his trustees “to demise, lease, An examination of Hall v. Hill will, it is believed, set, let, and manage his said real estate, as also his lease-shew that there has been no misapprehension of the kold estates, so as to produce the greatest rental.The meaning of Lord St. Leonards, on the part of Sir assets of the testator were of the yearly value of 1121. J. L. Knight Bruce, L. J., and Sir R. T. Kindersley, The Vice-Chancellor held that the widow was not v. C. There the testator gave part of his estate to bound to elect between her dower and the provision his widow, and also an annuity charged upon the made for her by the will. His Honor thought that the whole estate, with powers of distress and entry in case of Grayson v. Deakin, (3 De G. & S. 298), decided case of non-payment, and there was also contained in by Sir J. L. Knight Bruce, L. J., when Vice-Chan- the will power “to lease, demise, or let all or any cellor, and the case of Parker v. Sowerby, (17 Jur., part of my estates and lands, for any term not expart 1, p. 752), decided by Sir R. T. Kindersley, V.C., ceeding thirty-one years;" and Lord St. Leonards, after which had been pressed against the right of the widow, an elaborate examination of the authorities, held that proceeded upon “ a complete misapprehension” of the the widow was bound to elect between the provisions language of Lord St. Leonards in Hall v. Hill, (1 Dru. made for her by the will and her dower. “I am not & W.94), the decision in which case, his Honor said, aware how the power of leasing, in this case, can be Fent upon this, “ that the widow had acquired under exercised over all the estate, if the widow's right to he will a much greater provision than she was entitled dower be allowed. One can understand how the rents o as dower, and it was held, therefore, that she was might be enjoyed, or the estate sold sabject to the Vol. XVIII.




[ocr errors]

claim for dower; but how could you demise an estate of the gift conferred by the will upon the wife the test subject to the right of this lady to have a third part for determining whether it was the testator's intention thereof set out by metes and bounds? You cannot give that such gift was to be in substitution for a claim sha

had her the right of dower, and yet exercise the power of in derogation of such claim? Even assuming that in

upon other property, which he has given to others leasing over the whole of the estate out of which she is any particular case the provision made for a wife is to have dower.” His Lordship, in effect, says that the small, testators have a right to be, and often are, capower

of leasing given to the trustees was inconsistent pricious. Again: a husband may know that his wife with the notion that the widow was to enjoy dower as is well provided for aliundè; by his giving her, thereset out by metes and bounds, and that it followed, Warbutton, he may, under peculiar circumstances, have

fore, no more than a stranger, as in Warbutton therefore, as a matter of course, that she must elect exercised a sound discretion; although, as we have between her legal right to dower out of the estate de- before said, he has a perfect right to be capricious. vised wholly to the trustees, and the benefits conferred But how are we to determine what constitutes, to upon her by the will. His Lordship then proceeds use the expression of Sir J. Stuart, V.C., "amplitude with some other observations, perhaps somewhat ambi- of provision ?" How are we to draw a line between guous, which, it is conceived, Sir J. Stuart, V.C., bas amplitude and exility? A “competency” has been

defined as a little more than a man has got.” Per understood in a sense different from what they were haps "amplitude of provision” may be defined with a intended to convey. “If,” continued his Lordship, “I much, but not greater, legal accuracy; and if adopted am bound to spell out the intention of the testator, I as a test, or even as “ a governing circumstance," in think, looking at the whole frame of the will, that the determining the intention of a testator, it will lead to testator meant to provide for his wife by the will. He as much litigation as was occasioned by decisions a gives her a house and the furniture; he gives her also to what was an illusory and what a substantial exeru. an annuity out of the general estate; and she has ac- tion of a power, upon which subject the observations of quired under the will a much greater provision than Sir W. Grant, M. R., are well worthy of perusal. (Set she would have been entitled to as dower in the ordi- Butcher v. Butcher, 9 Ves. 393). nary way. That she is of this opinion is evident, be- In the report of Warbutton' v. Warbution it appean cause she has elected to take under the will, if required that the opinion of Sir J. Stuart, V.C., taken in cham to make an election. I hold, therefore, that she is bers was in accordance with the opinion he afterward barred of dower, and that by clear implication. I have expressed in court, viz. in favour of the widow no satisfied myself of the intention of the testator. I de- being put to her election. Now, a judge expressing a spair, as I have already said, of reconciling the authori- opinion in chambers has not the benefit of hearing the ties on this subject, but I follow what I consider the case argued before him by counsel, and may take best. As, therefore, the widow has elected to take very decided view of a case either irrespective of, a under the will, I must declare that she is barred of her after a full consideration of, the authorities. In the claim to dower.” Now, all that Lord St. Leonards first instance it is probable that he would have a slight meant by these concluding observations appears to be, in the latter a strong, though perhaps to himself in that he had come to the conclusion, from the power of sensible, leaning or bias towards the opinion he ha leasing being inconsistent with the widow's claim to already expressed. This practice, therefore, is liable to dower, that the testator did not intend her to have it all the objections so ably pointed out by Lord St. Les in addition to what he had given her by the will; that nards, (in his Treatise on the Law of Property as ad she had in reality taken more by the will than the law ministered by the House of Lo of an appeal from would have given to her in the shape of dower; that a Lord Chancellor in the court below to himself alon by the widow electing to take the provision made for in the House of Lords. (See p. 35). It is submitted her by the will, she had shewn that such was her that whenever a point of any difficulty arises in cham opinion; that she was therefore barred of dower. By bers, the judge should reserve his consideration of i these observations also it is possible that his Lordship for full discussion in open court; or, if he decides i meant that no question as to compensation arose, the in chambers, the appeal should lie, not to himself, bu dower being of less value than what she elected to to the Lords Justices. take.

Lord St. Leonards, however, himself is the best exponent of his own meaning in Hall v. Hill, for in the

COURT OF QUEEN'S BENCH. subsequent case of O'Hara v. Chainea

, (1 Jo. & Lat. 665), TRINITY TERM.-17 VICTORIA.—June 5, 1854. where the question as to the relative value of the This Court will, on Monday, the 19th day of Juma widow's dower, as compared either with the testator's instant, and five following days, hold sittings, and wil assets, or the benefits conferred upon her by the will, at such sittings proceed in disposing of the cases then it was not discussed, but in which, from the widow having maining in the Special, Crown, and New Trial Papers elected to take dower, it may be presumed that the and will also on Friday, the 30th day of June instant dower was more valuable than what was given to her hold a sitting, and will at such sitting only give judg by the will—Lord St. Leonards, as to one branch of ment in cases previously argued. the case, says, “the power of leasing decides this part

BY THE COURT. of the case. Taking the whole will together, I am of opinion that the widow is bound to elect. The case comes within the principle of Hall v. Hill, and I see no

COURT OF EXCHEQUER. reason to depart from that decision."

TRINITY TERM.-17 VICTORIA.—June 5, 1854. It is submitted, therefore, that the view taken by This Court will, on the 16th and 17th, and also a Sir J. L. Knight Bruce, L. J., and Sir R. T. Kinders- the 21st and seven following days of June instant ley, V., C., as to the decision of Hall v. Hill, is correct, (Sundays excepted), hold sittings, and will at such and indeed is in accordance with the current of autho- sittings proceed in disposing of the business then pensi rities. (See Roadley v. Dixon, 3 Russ. 192; Miall v. ing in the New Trial and Special Papers. Brain, 4 Mad. 119; and Taylor v. Taylor, 1 Y. & C.


J. PARKE. Independent of authority, the decision of Sir J. Stuart,

E. H. ALDERSON. V.C., is open to grave objections. Why is the amount



persons of unsound mind not found so by inquisition, who shall be served with notice of any decree or order,

are to be appointed in like manner as guardians ad ORDER OF COURT.-June 1, 1854.

litem to answer and defend are now appointed in suits The Right Hon. ROBERT Monsey Lord CRANWORTH, on bills filed. Lord High Chancellor of Great Britain, by and with VII. At any time during the proceedings at any the advice and assistance of the Right Hon. Sir Joun judge's chambers under any decree or order, the judge ROMILLY, Master of the Rolls, the Right Hon. the Lord may, if he shall think fit, require a guardian ad litem Justice Sir James Lewis Knight BRUCE, the Right to be appointed for any infant, or person of unsound Hon. the Lord Justice Sir George James Turner, the mind not found so by inquisition, who has been served Hon. the Vice-Chancellor Sir Richard TORIN KIN- with notice of such decree or order. DERSLEY, the Hon. the Vice-Chancellor Sir JOHN VIII. In all cases in which notice of a decree or STUART, and the Hon. the Vice-Chancellor Sir Wil-order shall be served, pursuant to the eighth rule of the LIAM Page Wood, doth hereby, in pursuance of two 42nd section of the act 15 & 16 Vict. c. 86, the notice acts of Parliament passed in the session of Parliament so served is to be intitled in the cause, and there is to holden in the fifteenth and sixteenth years of the reign be indorsed thereon a memorandum in the form or to of her present Majesty, chaps. 86 and 87, and in pur- the effect following—that is to say, “ Take notice, that, suance and execution of all other powers enabling him from the time of the service of this notice, you (or, as in that behalf, order and direct

the case may be, the infant, or person of unsound mind] That all and every the orders, rules, and directions will be bound by the proceedings in the above cause, hereinafter set forth shall henceforth be, and for all in the same manner as if you (or, the said infant, or purposes be deemed and taken to be, General Orders person of unsound mind] had been originally made a and Rules of the High Court of Chancery, viz.: party to the suit; and that you [or, the said infant, or

1. If the fourteen days within which, pursuant to person of unsound mind) may, by an order of course, the Orders of the Court, a defendant is bound to file his have liberty to attend the proceedings under the withinaffidavits in answer to a motion for a decree, or the mentioned decree or order; and that you [or, the said seven days within which the plaintiff is bound to file infant, or person of unsound mind) may, within one his affidavits in reply thereto, or the nine weeks after month after the service of this notice, apply to the issue joined within which the evidence in any cause to Court to add to the decree or order.” be used at the hearing thereof is to be closed, or the IX. The charges for copies of pleadings, and other month after the expiration of such nine weeks within proceedings and documents furnished under the General which a witness who has made an affidavit intended to be Orders of the 25th October, 1852, Order No. 1, sects. 2, used by any party to such cause at the hearing thereof 3, and 4, to a person admitted to sue or defend in is subject to cross-examination, shall expire in the Long formâ pauperis, or to his solicitor, by or on behalf of Vacation, the time for the several purposes aforesaid any other party, shall be at the rate of 14d. per folio. respectively is hereby extended to the fifth day of the Provided always, that if such person shall become entiensuing Michaelmas Term, and is to expire on that day tled to receive dives costs, the charges for such copies unless enlarged by order. Provided always, that in shall be at the rate of 4d. per folio; and nothing shall cases where the above-mentioned periods of fourteen be allowed in taxation in respect of such charges until days and nine weeks respectively shall be extended by such person or his solicitor shall have paid or tendered virtue of this Order, the seven days within which the to the solicitor, or party by whom such copies were plaintiff is bound to file his affidavits in reply, and the furnished, the additional 2 d. per folio. But this promonth during which a witness is subject to cross-exa- viso shall not apply to any copy which shall have been mination, shall be respectively taken to commence from furnished by the party himself who is directed to pay the expiration of such extended period.

the costs, and not by his solicitor. II. Any judge of the Court, whose chambers may be X. The charges for copies furnished by a person adopen for business during any vacation, may issue sum- mitted to sue or defend in formâ pauperis, other than monses for the purpose of any proceeding before the those furnished by his solicitor, shall be at the rate of Master of the Rolls or any Vice-Chancellor at cham- 14d. per folio. bers after the vacation.

XI. Expenses incurred in consequence of affidavits III. The same course of procedure as is now in use as being prepared or settled by counsel are to be allowed to the production of documents ordered to be produced only when the Taxing Masters shall in their discretion, before the hearing of a cause, shall extend and be ap- and on consideration of the special circumstances of plied to the production of documents ordered to be pro- each case, think such expenses properly incurred; and duced after the hearing of any cause or matter.

in such case they are to be at liberty to allow the same, IV. In all cases in which the certificate of the chief or such parts thereof as they may consider just and clerk is to be acted upon by the Accountant-General of reasonable, whether the taxation be between solicitor the Court, without any further order, such certificate and client or between party and party. may be signed and adopted by the judge on the day XII. Any party who may be dissatisfied with the after the same shall have been signed by the chief allowance or disallowance by the Taxing Master, in clerk, unless any party, desiring to take the opinion of any bill of costs taxed by him, of the whole or any the judge thereon, obtains a summons for that purpose part of any item or items, may, at any time before the before twelve of the clock on that day; and the time certificate is signed, deliver to the other party or parties for applying to discharge or vary such certificate, when interested therein, and carry in before the Master, an signed and adopted by the judge, is to be two clear days objection in writing to such allowance or disallowance, after the filing thereof.

specifying therein, by a list in a short and concise form, V. In all cases in which any person required to be the items or item, or parts or part thereof, objected to, served with notice of a decree or order, pursuant to the and may thereupon apply to the Master for a warrant eighth rule of the 42nd section of the act 15 & 16 Vict. to review the taxation in respect of the same. C. 86, may be an infant, or a person of unsound mind XIII. Upon the application for such warrant, or not found so by inquisition, the notice is to be served upon the return thereof, the Taxing Master is to reupon such person or persons, and in such manner as consider and review his taxation upon such objection, the judge to whose court the cause is attached may and he may, if he shall think fit, receive further evidirect.

dence in respect thereof; and if so required by either VI. Guardians ad litem appointed for infants, or party, he is to state, either in his certificate of taxation


[ocr errors]
« PreviousContinue »