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Notes of the Week.— Parliamentary Proceedings.
103 NOTES OF THE WEEK. To enable Tenants for Life of Estates in
Ireland to make Improvements in their ATTORNEYS' AND SOLICITORS' ADMISSION | Estates, and to charge the Inheritance FEES.
with the Monies expended in such ImReturns have been ordered by the House provements.....................Mr. Lynch. of Commons on the motion of Mr. Tooke, To repeal the Septennial Act, 1 G. 1, c. of the customary and other fees taken in
............ Mr. Wm. Williams. each of the Superior Courts of Law on the
Mr. D'Eyncourt. admission of attorneys of such Courts res- To regulate and restrain the Power of pectively; and of the expenses incurred in Judges to commit for Contempt. the examination of clerks previous to admis.
Mr. Charlton. sion, and the number of clerks so examined
FOR SECOND READING. in each term; also of customary and other To consolidate and amend the Laws relating fees taken in the High Court of Chanceryl to Copyright, in Books, Musical Compoon the admission of solicitors of that Court; 1 sitions, Acted Dramas, Pictures aud Enand of expenses incurred in the examina- gravings, to provide remedies for the vio. tion of clerks previous to admission, and lation thereof, and extend the Term of the number of clerks so examined in each its duration ..... Mr. Serjeant Talfourd. term.
| To declare and amend the Law relating to THE TRINITY TERM EXAMINATION. the Custody of Children of tender age, We understand that ninety-seven of the and to regulate the operation of the Writ candidates passed their examination, and of Habeas applicable thereto. five are to be re-examined. The case of
Mr. Serjeant Talfourd. one candidate stands over till another To amend the Law of Controverted Elec
tions, ..................... Mr. C. Buller.
To amend the Law of Patents. PARLIAMENTARY PROCEEDINGS.
To amend the Law as to Offences against House of Lords.
the Person ....... ... .Mr. A. Trevor. BILLS FOR SECOND READING. For regulating the Expenses at Elections, To establish Local Courts. )
Mr. Hume. Education and Charities. Pluralities Prevention.
To consolidate and amend the Law relating
to Bribery at Elections. Mr. Hardy. Residence of Clergy.
Repealing Usury Law on Bills of Exchange. Judges' Opinions.
Freemens' Admission Bill. Concealment of Births.
Boundaries of Boroughs. Shire-halls.
Final Register of Electors. Mr. Elplinstone. THIRD READING.
To amend the Bankrupt Laws. Recorders' Courts.
Solicitor General. IN COMMITTEE.
To amend Common Fields Act. Commissions for taking Irish and Scotch
IN COMMITTEE. Affidavits. ..............The Lord Chancellor. To amend the Law of Wills. Municipal Corporations.
. The Attorney General. Turnpike Roads continuance.
Sheriffs' Courts—To extend the 3 & 4 W. House of Commons.
4, c. 42, “ for the further Amendment of BILLS TO BE BROUGHT IN.
the Law, and better Administration of To establish Local Courts...Mr. Roebuck. Justice.”.................. Captain Pechell. To abolish Grand Juries ......... Mr. Prime. For the better Registration of Voters. To extend the suffrage of Householders.
The Attorney General. Mr. Hume. Prisons Regulations..........Mr. Fox Maule. To amend the Marriage Act. Mr. Wilks. For facilitating the Recovery of the Posses. Parish Vestries — To abolish Plural Voting. ' sion of Tenements after the determina
Mr. Wakley. tion of the Tenancy ...... Mr. Aglionby. To amend the Law relating to the Property For restraining and regulating the holding Qualification of Members.
of Benefices in Plurality, and amending
Mr. Warburton. | the Laws relating to the Residence of the To alter and amend the Law relating to Clergy. Mortgages on Ships and Vessels.
Mr. G. F. Young. To amend the Law of Costs and the Gene. l. a This bill was withdrawn last week, and has
| been again introduced. ral Issue ....... ......... Sir F Pollock.
104 Parliamentary Proceedings.- New Rule in Com. Law Courts.-Editor's Leller Boé.
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.
October, when they shall be open from Offences against the person.
eleven in the forenoon till two in the afterRobbery and stealing from the person. noon only. Burglary and stealing in a Dwelling
THE EDITOR'S LETTER BOX.
We have completed the arrangements for a Abolishing the punishment of Death in
Country Stamped Edition of the Legal Observer, certain cases.
the first No. of which is now published. Such Abolishing the punishment of the Pillory. Subscribers as desire it by Post, will please to
Lord John Russell. give their directions accordingly. The price For extending the provisions of the Uni- of the stamped edition is 7d. The work formity of Process Act. Mr. Elphinstone. in, all other respects remains the same;
and the London subscribers, and those who To regulate the Keeping of the Public Re
can receive it by the Booksellers' parcels, may cords, ..................... Mr. C, Buller.
continue it at the same price and in the same allow certain expences on Coroners 11 | form as heretofore. quests.
The Solicitor General. The List of Attorneys to be admitted in To explain the Marriage, and Registration Michaelmas Term will be completed in an
Acts ..................Lord John Russell. early Number. It will include not only those Highway Rates.
who gave their notices in due time, but such as Secular Jurisdiction of York and Ely.
obtained leave of the Court to be entered on
the list. Some were refused who applied too CONSIDERATION OF REPORTS.
late. For amending the several Acts for the The Degrees of Law cannot be conferred by Regulation of Attorneys and Solicitors. the College mentioned by “ Philonomos,” but
Mr. Tooke. by the University recently chartered. For parFor the better regulation of the Offices of ticulars of the course of study, and amount of
Sheriff, Undersheriff, Deputy Sheriff, and expense, we must refer our correspondent to Bailiff...........................Mr. Tooke.
the respective Colleges.
The letter of M. Á. J. will probably appear To amend the Law of Debtor and Creditor,
or, next week. and abolish Imprisonment for Debt.
We will attend to the communication of E.'S. The Attorney General. Several writs having been sent to the High To abolish useless Offices in the Common Sheriff of Radnorshire, personally, although Law Courts; and Consolidate the Offices. the names of the Sheriff, and Under-sheriff, and Mr. Serjeant Goulburn. I 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 ihe NEW RULE
Under-sheriff is Mr. Cecil Parsons, of Pres.
teigne, and his agent is Mr. Archibald Rosser, IN THE COMMON LAW COURTS.
4, New Boswell Court, Lincoln's Inn. War. Trinity Term, 1837.
rants are not granted in London.
We are requested to state, for the informaTo following Rule has been signed by all tion of students articled to members of the Inthe Judges in the three Common Law
corporated Law Society, that there is a Society
formed for the discussion of legal questions, Courts.
which meets every week, and that on reference ATTENDANCE AT THE OFFICES.
to the Law Society, they will learn the name IT IS ORDERED, That from and after the last of the Secretary, who will give any further inday of this Term, all the offices (the Rulea forination required. Office excepted), be open in Term time, We have been obliged to defer for the prefrom eleven in the forenoon till five in the sent, a notice of Mr. Tidd's New Practice, afternoon, and not in the evening. .
which consolidates his several Supplements,
and which appears to have been prepared with And that the Rule office be open in Term
m his usual accuracy and research. time, from eleven in the forenoon till three "The
The Suggestions of W. A. as to classing the in the afternoon, and from six till eight Candidates at the legal exaininations, shall be in the evening.
given in an early Number. And that all the offices be open in vuca.
Printed by EDMUND SPITTIGUE, 67, Chancery Lane, Lona In the Common Pleas, instead of the Rule
don ; and published by JOHN RICHARDS & Co., 194,
Fleet Street, London, "Price 6d.; and, Stamped, 7d. Office the Secondaries' Office is substituted. I Friday, 9th June, 1837.
The Legal Observer,
SATURDAY, JUNE 17, 1837.
- "Quod magis ad nos
THE PROGRESS OF LAW REFORM. still remains in committee; but although
some of its clauses will be modified, we be
lieve that it will pass substantially in its We are now arriving at that period of the Session of Parliament, when the real business
present shape. So also will the Bills rela
ting to the Criminal Law. The Bill for of the year is done. Up to the present time
abolishing Imprisonment for Debt has made nothing has been completed. No act rela.
no progress. ting to the law has yet passed ; and but
A bill has just been brought in for enabling little progress has been made in any of the law bills.
the Recorder, in certain boroughs, to hold a This will be best seen by our
Court for the recovery of small debts. We weekly account of them. Let us collect,
give the heads of this bill in the present however, the little information we can give
number. The Court is to have a jurisdiction on this subject, which is certainly not much
over all disputes between party and party, to our satisfaction.
for any sum of money not exceeding 51. The bill professing to abolish useless of.
We have long considered a measure of this fices in the Courts of Common Law, has
sort to be necessary. made some way; but it is any thing but the
The question relating to the privilege of bill we could have wished. When shall we
| the House of Commons to publish its proindeed see a bill to abolish useless offices in
ceedings, which arose in the case of StockCourts of Justice ? When shall we find
dale v. Hansard, is again to be submitted to the suitor and the practitioner protected
a Court of Justice for its decision. On the against the legal sinecurist ? The present
point first arising, we examined the cases bill not only leaves too many officers in ex.
relating to it, and in conclusion we ventured istence, but provides ample compensation for the large sinecurists, who have so long
to express a doubt “ whether the ruling of
| the Lord Chief Justice would be supported obstructed the administration of justice. In
| by the full Court ;'& and this doubt has been the last session, Lord Langdale declared that he would never consent to a bill con
borne out by several legal and parliamentary taining these last provisions.
authorities in the House of Commons. There Perhaps a
are, however, high authorities on the other more complaisant person may be found to
side, and it yet remains to be seen whether move the bill in the House of Lords this
the Law Lords will decide for or against Lord time; but at any rate we trust that it will
Denman. We are very desirous, therefore, not escape bis Lordship's attention. We sincerely hope that this bill, which is in
to have the question brought before the Supefact little better than a job, may never pass
rior Courts, and decided. Politics have been the legislature; and we call the attention of
mixed up with it, in its discussion by the
newspapers; but the leaders, of all parties, the profession to it. Captain Pechell's Bill relating to the ex.
have agreed to consider it as a question of
i privilege, and not as a party question; and tension of the Sheriff's Courts, passed
thus it will be viewed in a Court of Law, through a stage on Wednesday; and, con
and also in the House of Lords. trary to expectation, seems likely to pass. Serjeant Talfourd's bill, relating to the Law of Copyright, will not, we presume, meet with
me meet with a 13 L. 0. 307. See articles on the same opposition in either House. The Wills Bill question, pp. 404 & 405.
VOL, XIV, NO, 402.
Bonds and Covenants in Restraint of Trade. BONDS AND COVENANTS IN RES- putting them in the shape, not of a penalty, TRAINT OF TRADE.
but of liquidated damages.*
Where the defendant, a dentist, coveA BOND, covenant, or promise, even on good nanted, in consideration of receiving from consideration, not to use a trade any where
the plaintiff professional instruction, and a in England, is void, as being too general a
salary determinable at three months notice, restraint of trade; but if such bond, cove
not to practise within a district of two hunnant, or promise, be not to use a trade at a
dred miles in diameter ; this covenant, particular place, it is good;a and it seems a
a good in and it seems a though limited, was held unreasonable and bond, covenant, or promise not to use avoid trade with particular customers by name, if The latest case on this subject is Wallis founded on a good consideration, is also v. Day, in which the plaintiff, by deed, sold valid.b
to the defendants his trade and business as Where the condition of a bond was that a carrier between London and Wisbech: in consideration A. would take B. as an as- and in consideration of the covenants therein sistant in his business as a surgeon, for so containedon the defendants' part, covenanted long a time as it should please A.; B. with them that he would not thenceforth duragreed not to practise within ten miles of ing his life, exercise the trade of a carrier, the place where B. lived. the bond was except as thereinafter mentioned, and that held good. So also is a bond by a surgeon | he would thenceforth during his life faithfully not to practise within twenty miles of a serve the defendants as an assistant in the placed and the condition of such a bond is trade of a carrier; and the defendants. in to be construed by an admeasurement by consideration of the before mentioned covethe shortest foot-path.
nants, and of the plaintiff's faithful services A condition of a bond not to seek orders in as aforesaid, covenanted to pay to him a certain towns, except at certain times, has certain weekly sum for his life. In an acalso been held reasonable. lá reasonable. And an agree. tion against the defendants on this covenant,
And an agreement between two coach proprietors to equa. it was held that the plaintiff's covenant to lize their fares, is not illegal as being in serve during his life, was good in law, and restraint of trade 8
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 tra 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 an assistant to the defend. will of a trade, and the exclusive use of a ants. Lord Abinger, C. B., in giving secret in dying.
judgment said, “ It was urged that as the An agreement for the sale of the good contract is to serve for life, it is illegal. will of a trade, does not import restraint ;' | There is no authority for that position, and but where on the sale of a good will there I know of no principle that makes it so; on was an undertaking not to carry on the the contrary, my brother Parke has referred same business, and to use the best endea-me to a case in Viner, (15 Vin, Abr. 323.) vours to assist the purchaser, it was held tit. Master and Servant, (n. 5) in which it
the remedy for a breach of it was an is laid down, that in order to maintain an action on an issue quantum damnificatus,
action against a person who contracts to and an injunction against proceeding under serve for life, the contract must be by deed. a judgment for the consideration upon affi- | The judgment of the Court in favor of the davits before answer was refused. The plaintiff is sufficiently sustained by the only certain remedy in such cases is for the authorities that were cited in the course of parties to fix what should be the damages, the argument, and especially the case of
Mitchell v. Reynolds, 1 P. Wms. 181.
The rule of law is, that a contract in gea Prugnell v. Gosse, Allen, 67 ; 1 Roll. Abr. I neral restraint of trade is yoid. as being 16, pl. & ; Mitchell v. Reynolds, I P. Wins. 181.
against the policy of law; but if the con. b Hemlocke v. Blackstone, 2 Saund. 156.
tract be made on sufficient consideration, c Davis v. Mason, 5 T. R. 118.
and the public gain some advantage, it will d 2 Chit. 407.
be good. Suppose a man engaged in trade, e Wood v. Dennell, 2 Stark. 89. i Homer v. Ashford, 3 Bing. 322. & Hearn v. Griffith, 2 Chiti. Rep. 407. , k Shackle v. Baker: 14 Ves. 468. h Bryson 1. Whitehead, 1 Sim. & Stu. 74. Horner v. Gruves, 7 Bing. 735. i Harrison v. Gardner, 2 Modd. 219.
m 2 Mee. & Wels. 273.
The Property Lawyer.—Practical Points of General Interest.
is desirous, when old age approaches, of sel- | appears to me, therefore, not to be attached to ling the good-will of his business—why may the estate, but to the person of the husband he not bind himself to enter into the service by reason of his contracts, and to give the wife of another, and to trade no more on his own
his own a right only to claim an equivalent. It is true
that if the estate had not been incumbered, the account? So long as he is able, he is
proper equivalent would have been the sale of bound to render his services; and it cannot
the estate, and the investment of the money be said to be a contract in absolute res- upon the trusts of the settlement; and upon a traint of trade, where he contracts to serve suit for that purpose the equity of the wife another for his life in the same trade. On would attach upon the estate ; but not until these grounds, we think there is a sufficient
such bill filed, because another equivalent consideration to take the case out of the
Inight have been provided by the Court. To
illustrate this distinction, let it be supposed general rule of law." Judgment was con
that the husband in this case had been the sequently given for the plaintiff.
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 THE PROPERTY LAWYER.
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 A WIFE'S EQUITY.
| B., upon a bill filed by the wife, the Court Where properly belonging to the wife, would compel a settlement of the estate to the though in its nature legal, becomes froin col. former uses, and the wife would then have an lateral circumstances the subject of a suit in equitable interest in the estate B. But until equity,(Ex parle Blagden, 2 Rose, 251; Adams such bill filed, the husband would remain the v. Pierce, 3 P. Wms. 11 ; Osrell v. Probart, absolute owner of the estate B., and could 2 Ves. Jun. 680,) and a fortiori, where the pro.etfectually sell or charge it, although the purperty is wholly equitable in its nature,-as a chaser had full notice of the prior settlement sbare of an intestate's effects, or inoney paid of the estate A. and the eviction of the trusinto Court which belongs to the wife,--if the tees from that estate ; because the equity of the husband or his assignee applies to a Court of wife was personal to the husband, and did not Equity for the recovery of it, the Court will attach upon the estate B. My opinion, therestipulate that a provision shall be made out of fore, in this case is, that here the equity of the it for his wife and children. 2 P. Wms. 639. wife attached only to the person of the bus. Harrison v. Buckle, Stra. 238; Macauley v. band, and not upon the estate ; and that the Philips, 4 Ves. 17. (See the cases collected, 8 defendants, the mortgagees, although having Byth. Convey. by Stewart, 342.) But this full notice, are not affected by that equity. equity attaches only on the person of the hus- Martin v. Martin, 2 Russ. & M. 507. band, and nut 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
INTEREST. 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 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 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,
nd and wife over the estate, 1 is of course. Sir John Leach, M. R., held that the mortgage was valid. It was admitted in the argu- Mr. Pemberton moved for leave to have a ment that no authority could be found directly cause advanced for the purpose of taking a applicable to the case. _“I incline (said his decree, which would be quite of course. The Honor) to think, that if this moiety of the plan- motion was opposed by the defendants, the tation were unincumbered, and a bill were filed accounting parties, upon no ground, as he by the wife for the sale of it, and for the invest-believed, except the desire of putting off the ment of the money produced by the sale upon period of taking the accounts. the trusts of the settlement, the Court might | Mr. Kindersley said he was instructed to give the relief thus prayed, upon the ground oppose the motion. The accounts were of a that it would effectuate the actual purpose of complicated nature, and the defendants desired the Court in directing the settlement. But the some further time before going into the settlement as executed does, by the law of Master's office. 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,