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Notes of the Week.- Parliamentary Proceedings.

NOTES OF THE WEEK.

ATTORNEYS' AND SOLICITORS' ADMISSION

FEES.

103

To enable Tenants for Life of Estates in
Ireland to make Improvements in their
Estates, and to charge the Inheritance
with the Monies expended in such Im-
provements..
Mr. Lynch.
To repeal the Septennial Act, 1 G. 1, c.
Mr. Wm. Williams.
Mr. D'Eyncourt.

38.

Judges to Commit for Contempt.
Mr. Charlton.

Returns have been ordered by the House of Commons on the motion of Mr. Tooke, of the customary and other fees taken in each of the Superior Courts of Law on the admission of attorneys of such Courts res-To regulate and restrain the Power of pectively; and of the expenses incurred in the examination of clerks previous to admission, and the number of clerks so examined in each term; also of customary and other fees taken in the High Court of Chancery on the admission of solicitors of that Court; and of expenses incurred in the examination of clerks previous to admission, and the number of clerks so examined in each term.

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FOR SECOND READING.

To consolidate and amend the Laws relating
to Copyright, in Books, Musical Compo-
sitions, Acted Dramas, Pictures aud En-
gravings, to provide remedies for the vio-
lation thereof, and extend the Term of
its duration .... Mr. Serjeant Talfourd.
To declare and amend the Law relating to
the Custody of Children of tender age,
and to regulate the operation of the Writ
of Habeas applicable thereto.

Mr. Serjeant Talfourd.
To amend the Law of Controverted Elec-
tions,
Mr. C. Buller.

To amend the Law of Patents.

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..The Lord Chancellor. To amend the Law of Wills.

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The Attorney General.
Sheriffs' Courts-To extend the 3 & 4 W.
4, c. 42, "for the further Amendment of
the Law, and better Administration of
Justice."
Captain Pechell.

For the better Registration of Voters.
The Attorney General.
Prisons Regulations.........Mr. Fox Maule.
For facilitating the Recovery of the Posses
sion of Tenements after the determina-
tion of the Tenancy ...... Mr. Aglionby.
For restraining and regulating the holding
of Benefices in Plurality, and amending
the Laws relating to the Residence of the
Clergy.

a This bill was withdrawn last week, and has been again introduced.

104 Parliamentary Proceedings.—New Rule in Com. Law Courts.-Editor's Letter Bož.

Offences punishable by Transportation | tion, from eleven in the forenoon till three for Life.

in the afternoon, except between the tenth

Abolishing the punishment of death in day of August and twenty-fourth day of cases of forgery.

Offences against the person.

Robbery and stealing from the person. Burglary and stealing in a Dwelling House.

Crime of Piracy.

Burning or destroying Buildings and Ships.

Abolishing the punishment of Death in

certain cases.

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NEW RULE

IN THE COMMON LAW COURTS. Trinity Term, 1837.

THE following Rule has been signed by all the Judges in the three Common Law Courts.

ATTENDANCE AT THE OFFICES.

IT IS ORDERED, That from and after the last day of this Term, all the offices (the Rulea Office excepted), be open in Term time, from eleven in the forenoon till five in the afternoon, and not in the evening.

And that the Rule office be open in Term time, from eleven in the forenoon till three in the afternoon, and from six till eight in the evening.

And that all the offices be open in vaca

a In the Common Pleas, instead of the Rule Office the Secondaries' Office is substituted.

October, when they shall be open from eleven in the forenoon till two in the afternoon only.

THE EDITOR'S LETTER BOX.

Country Stamped Edition of the Legal Observer, We have completed the arrangements for a the first No. of which is now published. Such Subscribers as desire it by Post, will please to give their directions accordingly. The price of the stamped edition is 7d. The work in all other respects remains the same; and the London subscribers, and those who can receive it by the Booksellers' parcels, may form as heretofore. continue it at the same price and in the same

The List of Attorneys to be admitted in Michaelmas Term will be completed in an early Number. It will include not only those who gave their notices in due time, but such as obtained leave of the Court to be entered on the list. Some were refused who applied too late.

The Degrees of Law cannot be conferred by the College mentioned by "Philonomos," but by the University recently chartered. For particulars of the course of study, and amount of expense, we must refer our correspondent to the respective Colleges.

The letter of M. M. J. will probably appear next week.

We will attend to the communication of E.'S. Several writs having been sent to the High Sheriff of Radnorshire, personally, although the names of the Sheriff, and Under-sheriff, and his agent, were put up at the proper offices, and inserted in their proper place in the Legal Observer, we are requested to state that the Under-sheriff is Mr. Cecil Parsons, of Pres

teigne, and his agent is Mr. Archibald Rosser, 4, New Boswell Court, Lincoln's Inn. Warrants are not granted in London.

We are requested to state, for the informa tion of students articled to members of the Incorporated Law Society, that there is a Society formed for the discussion of legal questions, which meets every week, and that on reference to the Law Society, they will learn the name of the Secretary, who will give any further information required.

We have been obliged to defer for the present, a notice of Mr. Tidd's New Practice, which consolidates his several Supplements, and which appears to have been prepared with his usual accuracy and research.

The Suggestions of W. A. as to classing the Candidates at the legal examinations, shall be given in an early Number.

Printed by EDMUND SPETTIGUE, 67, Chancery Lane, London; and published by JoHN RICHARDS & Co., 194, Fleet Street, London, Price 6d.; and, Stamped, 7d. Friday, 9th June, 1837.

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THE PROGRESS OF LAW REFORM. | still remains in committee; but although

We are now arriving at that period of the
Session of Parliament, when the real business
of the year is done. Up to the present time
nothing has been completed. No act rela-
ting to the law has yet passed; and but
little progress has been made in
any of the
law bills. This will be best seen by our
weekly account of them. Let us collect,
however, the little information we can give
on this subject, which is certainly not much
to our satisfaction.

The bill professing to abolish useless offices in the Courts of Common Law, has made some way; but it is any thing but the bill we could have wished. When shall we indeed see a bill to abolish useless offices in

Courts of Justice? When shall we find the suitor and the practitioner protected against the legal sinecurist? The present bill not only leaves too many officers in existence, but provides ample compensation for the large sinecurists, who have so long obstructed the administration of justice. In the last session, Lord Langdale declared that he would never consent to a bill containing these last provisions. Perhaps a more complaisant person may be found to move the bill in the House of Lords this time; but at any rate we trust that it will not escape his Lordship's attention. We sincerely hope that this bill, which is in fact little better than a job, may never pass the legislature; and we call the attention of the profession to it.

Captain Pechell's Bill relating to the extension of the Sheriff's Courts, passed through a stage on Wednesday; and, contrary to expectation, seems likely to pass. Serjeant Talfourd's bill, relating to the Law of Copyright, will not, we presume, meet with opposition in either House. The Wills Bill VOL. XIV. NO, 402.

some of Its clauses will be modified, we believe that it will pass substantially in its present shape. So also will the Bills relaabolishing Imprisonment for Debt has made ting to the Criminal Law. The Bill for

no progress.

A bill has just been brought in for enabling Court for the recovery of small debts. We the Recorder, in certain boroughs, to hold a number. The Court is to have a jurisdiction give the heads of this bill in the present over all disputes between party and party,

for

We have long considered a measure of this any sum of money not exceeding 57.

sort to be necessary.

the House of Commons to publish its proThe question relating to the privilege of dale v. Hansard, is again to be submitted to ceedings, which arose in the case of Stock

point first arising, we examined the cases relating to it, and in conclusion we ventured the Lord Chief Justice would be supported to express a doubt "whether the ruling of by the full Court ;" and this doubt has been authorities in the House of Commons. There borne out by several legal and parliamentary are, however, high authorities on the other side, and it yet remains to be seen whether the Law Lords will decide for or against Lord Denman. We are very desirous, therefore, to have the question brought before the Supemixed up with it, in its discussion by the rior Courts, and decided. Politics have been newspapers; but the leaders, of all parties, have agreed to consider it as a question of thus it will be viewed in a Court of Law, privilege, and not as a party question; and

a Court of Justice for its decision. On the

and also in the House of Lords.

a 13 L. O. 307. See articles on the same question, pp. 404 & 405.

H

106

Bonds and Covenants in Restraint of Trade.

BONDS AND COVENANTS IN RES-putting them in the shape, not of a penalty,

TRAINT OF TRADE.

A BOND, Covenant, or promise, even on good consideration, not to use a trade any where in England, is void, as being too general a restraint of trade; but if such bond, covenant, or promise, be not to use a trade at a particular place, it is good; and it seems a bond, covenant, or promise not to use a trade with particular customers by name, if founded on a good consideration, is also valid.b

Where the condition of a bond was that in consideration A. would take B. as an assistant in his business as a surgeon, for so long a time as it should please A.; B. agreed not to practise within ten miles of the place where B. lived, the bond was held good. So also is a bond by a surgeon not to practise within twenty miles of a place; and the condition of such a bond is to be construed by an admeasurement by the shortest foot-path.

A condition of a bond not to seek orders in certain towns, except at certain times, has also been held reasonable. And an agree ment between two coach proprietors to equa. lize their fares, is not illegal as being in

but of liquidated damages.

Where the defendant, a dentist, covenanted, in consideration of receiving from the plaintiff professional instruction, and a salary determinable at three months notice, not to practise within a district of two hundred miles in diameter; this covenant, though limited, was held unreasonable and void.

The latest case on this subject is Wallis v. Day, in which the plaintiff, by deed, sold

to the defendants his trade and business as a carrier between London and Wisbech; and in consideration of the covenants therein contained on the defendants' part, covenanted with them that he would not thenceforth during his life, exercise the trade of a carrier, except as thereinafter mentioned, and that he would thenceforth during his life faithfully

serve the defendants as an assistant in the trade of a carrier; and the defendants, in consideration of the before mentioned covenants, and of the plaintiff's faithful services as aforesaid, covenanted to pay to him a certain weekly sum for his life. In an action against the defendants on this covenant, it was held that the plaintiff's covenant to serve during his life, was good in law, and that the covenant in restraint of his trade A trader may sell a secret in his trade, was not void, inasmuch as he was not absoand restrain himself generally from the use lutely restricted from carrying on the trade, of it; and thus a specific performance was but only from carrying it on in any other decreed of an agreement to sell the good-way than as will of a trade, and the, exclusive use of a ants. Lord secret in dying.h

restraint of trade 8

was

An agreement for the sale of the goodwill of a trade, does not import restraint; but where on the sale of a good-will there an undertaking not to carry on the same business, and to use the best endeavours to assist the purchaser, it was held that the remedy for a breach of it was an action on an issue quantum damnificatus, and an injunction against proceeding under a judgment for the consideration upon affidavits before answer was refused. The only certain remedy in such cases is for the parties to fix what should be the damages,

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an assistant to the defendAbinger, C. B., in giving judgment said, "It was urged that as the contract is to serve for life, it is illegal. There is no authority for that position, and I know of no principle that makes it so; on the contrary, my brother Parke has referred me to a case in Viner, (15 Vin. Abr. 323,) tit. Master and Servant, (n. 5) in which it is laid down, that in order to maintain an action against a person who contracts to serve for life, the contract must be by deed. The judgment of the Court in favor of the plaintiff is sufficiently sustained by the authorities that were cited in the course of the argument, and especially the case of Mitchell v. Reynolds, 1 P. Wms. 181. The rule of law is, that a contract in general restraint of trade is void, as being against the policy of law; but if the con

tract be made on sufficient consideration, and the public gain some advantage, it will be good. Suppose a man engaged in trade,

k Shackle v. Baker, 14 Ves. 468.
1 Horner v. Graves, 7 Bing. 735.
m 2 Mee. & Wels. 273.

The Property Lawyer.-Practical Points of General Interest.

is desirous, when old age approaches, of selling the good-will of his business-why may he not bind himself to enter into the service of another, and to trade no more on his own account? So long as he is able, he is bound to render his services; and it cannot be said to be a contract in absolute restraint of trade, where he contracts to serve another for his life in the same trade. On these grounds, we think there is a sufficient consideration to take the case out of the general rule of law." Judgment was consequently given for the plaintiff.

THE PROPERTY LAWYER.

A WIFE'S EQUITY.

107

appears to me, therefore, not to be attached to
the estate, but to the person of the husband
by reason of his contracts, and to give the wife
that if the estate had not been incumbered, the
a right only to claim an equivalent. It is true
proper equivalent would have been the sale of
the estate, and the investment of the money
upon the trusts of the settlement; and upon a
suit for that purpose the equity of the wife
would attach upon the estate; but not until
such bill filed, because another equivalent
night have been provided by the Court. To
illustrate this distinction, let it be supposed
that the husband in this case had been the
apparent owner of two estates of equal value,
and had, under the direction of the Court,
made a settlement of the estate A., and the
trustees of the settlement had afterwards been
evicted of this estate by the defect of the hus-
band's title. There can be no doubt that if
the husband remained the owner of the estate
B., upon a bill filed by the wife, the Court
would compel a settlement of the estate to the
former uses, and the wife would then have an
equitable interest in the estate B. But until
such bill filed, the husband would remain the
absolute owner of the estate B., and could
effectually sell or charge it, although the pur-
chaser had full notice of the prior settlement
of the estate A. and the eviction of the trus-
tees from that estate; because the equity of the
wife was personal to the husband, and did not
attach upon the estate B. My opinion, there-
fore, in this case is, that here the equity of the
wife attached only to the person of the bus-
band, and not upon the estate; and that the
defendants, the mortgagees, although having
full notice, are not affected by that equity.
Martin v. Martin, 2 Russ. & M. 507.

WHERE property belonging to the wife,
though in its nature legal, becomes from col-
lateral circumstances the subject of a suit in
equity, (Ex parte Blagden, 2 Rose, 251; Adams
v. Pierce, 3 P. Wms. 11; Osrell v. Probart,
2 Ves. Jun. 680,) and a fortiori, where the pro-
perty is wholly equitable in its nature, as a
share of an intestate's effects, or money paid
into Court which belongs to the wife, if the
husband or his assignee applies to a Court of
Equity for the recovery of it, the Court will
stipulate that a provision shall be made out of
it for his wife and children. 2 P. Wms. 639.
Harrison v. Buckle, Stra. 238; Macauley v.
Philips, 4 Ves. 17. (See the cases collected, 8
Byth. Convey. by Stewart, 342.) But this
equity attaches only on the person of the hus-
band, and not on the estate. Thus, where after
the marriage of a female ward, a settlement was
made under the direction of the Court, for the FRACTICAL POINTS OF GENERAL
benefit of the wife and children of the mar-
riage, of a moiety of a plantation in Demerara,
of which the wife was seised in fee at the time
of the marriage, and the husband and wife

INTEREST.

ADVANCING CAUSE IN EQUITY.

afterwards mortgaged the estate to persons WE call attention to the following case. We having full notice of the settlement, by the

Mr. Pemberton moved for leave to have a cause advanced for the purpose of taking a decree, which would be quite of course. The motion was opposed by the defendants, the accounting parties, upon no ground, as he believed, except the desire of putting off the period of taking the accounts.

law of Demerara, the settlement was a nullity, think the practice here resorted to should and in no manner affected the rights and pow-be followed in every case in which the decree ers of the husband and wife over the estate, is of course. Sir John Leach, M. R., held that the mortgage was valid. It was admitted in the argument that no authority could be found directly applicable to the case." I incline (said his Honor) to think, that if this moiety of the plantation were unincumbered, and a bill were filed by the wife for the sale of it, and for the investment of the money produced by the sale upon the trusts of the settlement, the Court might give the relief thus prayed, upon the ground that it would effectuate the actual purpose of the Court in directing the settlement. But the settlement as executed does, by the law of Demerara, in no manner affect the right and The Master of the Rolls enquired whether power of the husband and wife over the estate, the Counsel for the plaintiff was ready to certify and leaves them with the same absolute owner-that this was a proper cause to be heard as a -ship that they would have had, if there had short cause; and Mr. Pemberton having replied been no settlement. The equity of the wife in the affirmative, his Lordship directed that,

Mr. Kindersley said he was instructed to oppose the motion. The accounts were of a complicated nature, and the defendants desired some further time before going into the Master's office.

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