poses of the settled estate of John Hawkins, Fletcher, Esq., deceased, and to enable the Esq., deceased, situate in Cheetham in the parish | trustees to grant leases of coals and other of Manchester in the county of Lancaster. 14. An act to authorize the sale of the fee simple of part of the settled estates of Miss Elizabeth Mainwaring Ellerker and Miss Harriet Mainwaring Ellerker deceased, situate in the county of York, and for applying the monies to arise by such sale in payment of incumbrances affecting the said estate, and laying out the residue of such monies in the purchase of other estates. 15. An act for granting building and farming leases of the estates in Surrey devised by the will of the Right Honourable Frederick John Lord Monson deceased; and for other purposes. 16. An act for vesting the freehold and copyhold estates devised by the wills of Francis Gildart and John Gildart, Esqs., deceased, in trustees for sale. 17. An act to enable the trustees of Sir Thomas White's charity estates in the city of Coventry to make sale of part of such charity estates; and for other purposes. 18. An act for enabling Richard Ellison, Esq. and his trustees to grant leases of the Fossdyke navigation in the county of Lincoln; and for other purposes. 19. An act to amend an act of the 4 Geo. 3, for enabling the vicar of Rochdale in the county of Lancaster to grant a lease or leases of the glebe lands belonging to the vicarage. 20. An act to enable the warden and scholars, clerks of St. Mary College of Winchester near Winchester, to carry into effect a contract entered into by them for the sale of certain parts of the estates belonging to the said college in the Isle of Wight, and to invest the purchase money in other estates for the benefit of the said college. 21. An act for vesting certain lands and other hereditaments devised by the will of Sir Thomas Coxhead deceased in trustees, upon trust to sell the same, and to grant leases thereof for building and other purposes. 22. An act to enable the trustees of the will of the late William Henry Robinson, Esq., to raise money by way of mortgage of his real estates, for the purposes therein mentioned. mines under the lands devised by his said will; and to authorize the appointment of new trustees of the settlement thereby made of the testator's real estate; and for other purposes. 26. An act for authorizing the sale of certain portions of the real estates devised by the will and codicils of John Bowes late Earl of Strathmore, and for authorizing the purchase of other real estates, including lands held for long terms of years, to be settled to the uses of the said will and codicils, and for extending the power of granting mining leases given by the said will; and for other purposes. 27. An act to vest the estates and property constituting the trust estate of the Blue-Coat Charity School in Birmingham in the county of Warwick in new trustees upon consolidated trusts, and to provide for the management of the said estates and property, and for the good government of the said school; and for other purposes. 28. An act to carry into effect a partition between John Michael Severne, Esq. and Anna Maria his wife, and others, of estates in the counties of Worcester, Salop, Warwick, Oxford, and Leicester. 29. An act to enable the trustees of the will of the Most Noble Francis late Duke of Bridgewater to carry into execution certain articles of agreement made and entered into by them with the Right Honourable Francis Egerton commonly called Lord Francis Egerton, and to raise money for the purposes expressed in the said articles of agreement; and for other purposes. 30. An act for authorizing and enabling sales to be made of estates respectively situate in the parishes of Evercreech, East Pennard, and in Burton, and in other parishes or places in the county of Somerset, devised by the will of Thomas Sampson, Esq., deceased; and for other purposes. 31. An act to authorize the sale of settled estates of the Most Honourable the Marquis of Donegall in Ireland, in order to pay off mortgage and other incumbrances. 32. An act for carying into effect a contract between the governors and trustees of Sir Wil23. An act to enable Sir Robert Keith Dick liam Paston's free school at North Walsham of Prestonfield, Bart., heir of entail in posses- in the county of Norfolk and Robert Rising, sion of the entailed estates of Prestonfield and Esq., for the sale to the said Robert Rising of Corstorphine in the county of Edinburgh, to an estate belonging to the said governors and feu and sell certain parts of the said estates, and trustees, and for applying part of the purchase to bear the surname of Cunyngham and arms money in discharge of certain debts due from of "Cunyngham of Lamburghtoun," alongst them, and investing the surplus in the purchase with the surname and arms of Dick of Preston-of other estates, to be settled to the same trusts. field. 24. An act to enable the assignees of the estate of Thomas Blayds Molyneaux, a bankrupt, to sell his real estates, discharged from a jointure, and certain portions and legacies charged thereon. 25. An act to revive and extend the powers of sale and exchange, and to make conveyances in fee and demises for building purposes, respectively contained in the will of John Rigby 33. An act for enlarging the powers contained in the will of the Most Honourable Robert Marquis of Westminster deceased, to grant building leases of the estates devised by the said will, in the parishes of St. George Hanover Square and St. John the Evangelist within the liberty of Westminster in the county of Middlesex; and for other purposes. Superior Courts: Vice-Chancellor.-Queen's Bench. 467 in 1829, leaving Mrs. Browne and Edward Goode her survivors, and shortly after her death administration with the will annexed was granted to Mrs. Browne. Edward Goode, the nephew, had also since died, and Mary Mason Finch, one of the defendants to this suit, was his personal representative. Under the will of her brother, the testatrix became entitled as one of his next of kin to a portion of his residuary estate, which amounted to a considerable sum, and a question had arisen whether this share passed by the will of the testatrix to Mrs. Browne and Edward Goode, or whether it became the property of the testatrix's next of kin, as being undisposed of by her will. To determine this point, the present bill had been filed by the testatrix's of the brother and against Mrs. Browne, and next of kin, against the personal representatives Mary Mason Finch, and it prayed that it might be declared that such next of kin were entitled. The two last defendants demurred for want of RECENT DECISIONS IN THE SUPE- equity, and the demurrer now came on to be RIOR COURTS. argued. Mr. Lowndes and Mr. Pitman for the demurrer, urged, that as the testatrix had shown her intention of disposing of all her property, the latter words in the will ought not to control such evident intention. Mr. Bethel, Mr. Hardy, and Mr. Bevir, for the other parties. The Vice-Chancellor said, it was plain the testatrix only intended to deal with the property described in her will, and the fund now in dispute, therefore, belonged to her next of kin. The demurrer must therefore be overruled. Mr. Lowndes suggested, with a view of saving expense, that the court should at once make a declaration that the next of kin were entitled, which his Honour consented to do. Goode v. Browne. July 15, 1845. Queen's Bench. (Before the Four Judges.) [Reported by JOHN HAMERTON, ESQ., Barrister at PARISH TENEMENT. POSSESSION OF PAU- Where a pauper was put into a cottage by the ELIZABETH GIBBONS, the testatrix in this case, by her will dated the 2nd December 1826, after the usual formal words proceeded thus:"I make this memorandum of my personal estate and effects, and the way and manner I would have them disposed of after my decease." She then gave several specific legacies, and proceeded to enumerate several articles of furniture forming part of her property, and stated that she had 407. in Messrs. Mortlock's bank, and 207. in the hands of the executor to Mr. Edward Goode, her late brother, also a 10%. Bank of England note, thirteen sovereigns, one half sovereign, and about 30s. in silver" in my possession at this present time." She then gave several pecuniary legacies of small amount, and after giving directions as to her funeral THIS was an action of trespass. The declaand giving a legacy of 51. to her executor for ration contained two counts, the first for breakhis trouble, concluded thus :-" Lastly, if there ing and entering the dwelling-house of the should be a residue of the monies before men- plaintiff; the second for assaulting and illtioned after complying with my requests, it treating the plaintiff. The defendant pleaded,must be divided to Mrs. Browne, widow, and 1st, Not guilty. 2nd, As to the first count, that Edward Goode, bricklayer, nephew to Mr. the dwelling-house was not the dwelling-house Henry Goode aforenamed." The testatrix died of the plaintiff. 3rd, As to the first count, 468 Superior Courts: Queen's Bench.-Q. B. Practice Court.-Letter Box. liberum tenementum in the churchwardens and Patteson, Williams, and Coleridge, Js., conoverseers of the parish of Sutton, in the county curred. Rule absolute. Adams v. Hartley and others. Trinity Term, of York, and justification as their servants. Queen's Bench Practice Court. Law.] CEEDINGS.-APPEARANCE.-PRACTICE. It is not necessary that the tenant in ejectment should have appeared before applying to the court for a rule, calling on the lessor of the plaintiff to elect on which of two ejectments he will proceed. and overseers put him out. The plaintiff took [Reported by E. H. WOOLRICH, Esq., Barrister at issue on the 1st, 2nd, and 3rd pleas, and to the 4th plea replied, that the churchwardens and EJECTMENT.—APPLICATION TO STAY PROoverseers were not possessed modo et formá. At the trial before Rolfe, Baron, at the York Spring Assizes, 1844, it appeared that the house in question was built about 40 years ago by the parish officers of Sutton for the father of the pauper. He continued to live in it without paying rent or acknowledgment till his death in 1843, and during the time he lived in the house, he together with his wife frequently received parish relief. On the death of the mother of the plaintiff, he came and took possession of the house, and the defendants by forcible means got possession of the house. On these facts the learned judge was of opinion that the father of the plaintiff had acquired a title to the house under the 3 & 4 W. 4, c, 27, and a verdict passed for the plaintiff with 207. damages, with leave to move to enter a verdict for the defen dants. the lessor of the plaintiff to elect upon which J. W. Smith had obtained a rule, calling on of two actions of ejectment he would proceed, and to pay the costs of the other. Martin showed cause. The tenant has not appeared or entered into the consent rule, and Doe d. Crocket v. Roe, 1 Hall 351; Doe d. is not in a situation to make this application; Greenacre v. Roe, 2 Jur. 568, and even if he had appeared, this application would not be granted, as both ejectments are brought bond fide, one under the statute 1 Geo. 4, c. 87; the other at common law, in case the lessor of the plaintiff should not succeed in bringing himself within the provisions of the statute. Mr. Aspinall, showed cause. According to the case of Newton v. Harland, the defendants had no right to enter and J. W. Smith, in support of the rule. The expel by force a tenant who holds over after his term has expired. The plaintiff was in posses-court before appearance cannot be sustained; objection that the tenant cannot apply to the sion, and the defendants were not justified in Archb. Pract. 1037; Doe d. Fielden v. Roe, 8 obtaining possession by forcible means, Hilary T. R. 645; Doe d. Standish v. Roe, 5 B. & A. V. Gay. Every person who occupies premises 878; Adams on Ejectment, 2nd edit. 320. for his own use and benefit must he taken to be tenant at will, and the plaintiff would derive a title under the 3 & 4 W. 4, c. 27. The case is different from the holding of a servant where the occupation is for the use and benefit of the master. Rex v. Chediston Regina v. Ponsonby Hughes v. The Overseers of Chatham.* Wightman, J. The rule must be absolute. Rule absolute, without costs. Doe d. Anson v. Roe. Q. B. P. C. T. T., 1845. THE EDITOR'S LETTER BOX. Mr. Knowles and Mr. Hoggins, contrà. The Analytical Digest of Cases will be incorThe father of the plaintiff could not be con- porated (after the completion of the volume in sidered tenant of the premises; he was a person November) with the Legal Observer, by dividreceiving relief from the parish, and was merely ing it into a series of articles classed under the allowed to occupy the premises in question by heads of Common Law, Equity, Bankruptcy, permission of the parish officers. In Wildbore Criminal Law, and Ecclesiastical law;—or, (if v. Rainforth, a pauper had been permitted to our readers prefer it,) there can be a distinct occupy a parish house, and when he had left paging of the Digest, so that it may be sepahis cottage it was held the parish officers might resume possession without giving notice to quit. Gowen's cases is to the same effect. Lord Denman, C. J.-The case of Wildbore v. Rainforth seems to be decisive of the point. The pauper had no possession at all of the premises. His possession was, in fact, that of the parish officers. The rule must be made rated, as heretofore, at the end of the year,—but this will not be so convenient in reference to the equal division of the yearly work into two volumes, which will be considerably enlarged by this valuable addition without any increased price. "An Articled Clerk" may not strictly have any other right of admission to an assize court or quarter sessions, than the rest of the public, unless he is transacting business for the attorney to whom he is articled; but a letter from the attorney to the undersheriff would probably secure him an admission. The suggestion of "An Old Subscriber" is acceptable. The Legal Observer, OR, JOURNAL OF JURISPRUDENCE. SATURDAY, OCTOBER 18, 1845. "Quod magis ad Nos HORAT. ADMINISTRATION OF JUSTICE The 1st section of the present act extends the term limited for making such rules and orders from five to ten years from the passing of the first mentioned act. WE have fully noticed the principal acts of the last session relating to the administration of justice, namely, the Much practical inconvenience had arisen Small Debts Act, 8 & 9 Vict. c. 127, and from rendering these rules and orders of the Documentary Evidence Act, 8 & 9 the same force as an act of parliament, so Vict. c. 113.b We have also stated the that no relief or modification under any purpose of the act abolishing actions for circumstances could be granted by any wagers and feigned issues, 8 & 9 Vict. c. judge of the court, as in the case of other 109.c orders, unless a general order were made by the Lord Chancellor, with the concurrence specified in the act. The 2nd section of the new act, therefore, provides that all rules and orders made under the recited acts, or this act, shall for all purposes be deemed general rules and orders of the court. We now proceed to review the effect of the other statutes relating to proceedings in the courts of law and equity. I. THE COURT OF CHANCERY ACT, 8 & 9 Vict. c. 105. By the 3 & 4 Vict. c. 94, the Lord Chancellor was authorised, with the advice By the Chancery Regulation Act, 3 & and consent of the Master of the Rolls and 4 Wm. 4, c. 94, it was provided, that the Vice-Chancellor, or one of them, to after the death or resignation of the pamake, within five years, any rules or tentee of the subpoena office, the duties orders for the regulation of the practice, should be performed by the clerk of the course of proceeding, and offices of the affidavits. The Six Clerks Abolition Act Court of Chancery. By the 4 & 5 Vict. having appointed clerks of records and c. 52, such rules and orders are declared writs, it is deemed expedient that they to be binding and obligatory on the court, should perform the duties of the subpoena and of the like force and effect as if office. enacted by parliament; but it was provided, that no such rule and order should be of the like force and effect as if made by parliament, unless expressed to be made in pursuance of the act. The 3rd section of the present act, therefore, provides, that after the death, resignation, or removal of the present patentee, the duties of the subpoena office shall be performed by the clerks of records and writs, with authority to the Lord Chancellor, under the advice and consent of the Master of the Rolls, &c., to fix с с 470 Administration of Justice Acts of the Last Session. such earlier time for transferring such duties as he shall think fit. This is a useful alteration, and we hope the power of carrying it into early effect will be exercised without delay.d SEAL OFFICE ABOLITION ACT, 8 & 9 Vict. c. 34.e for obtaining a disclosure of the truth, and a full discovery of all that can be useful for the benefit of the creditors, when such examination is conducted without oath. The 1st section of this act, therefore, provides, that all persons who are now or shall be declared bankrupts, or their wives, It may be appropriate to follow the act missioners without being sworn, but after shall and may be examined before the comin which the subpoena office is abolished, signing the declaration in the schedule to with that for the abolition of the seal office, the act. another patent appointment, executed by to an examination before any court other This dispensation will not extend deputy, and occasioning useless trouble to than that of the Commissioners in Bank. the practitioners. This office was granted ruptcy. by a patent, in the 25th Chas. 2nd, to Earl Euston, afterwards Duke of Grafton, city of oaths on all occasions is improper, Although we agree that the multipliin tail male. The 6 Geo. 4, c. 89, autho- and liable to abuse, we incline to doubt rised the Commissioners of the Treasury whether it is "unnecessary" to swear a to agree with the patentee for the pur- bankrupt or his wife to speak the truth, chase of his rights and profits for an for on many minds an oath, if properly annuity to be charged on the Consolidated administered, is calculated to produce a Fund. The Treasury has accordingly serious impression; and if it can be disagreed with the Duke of Grafton to pur- pensed with in courts of bankruptcy, we chase his interests in the patent for an see no good reason for not extending the annuity of 8437. to himself and 3007. to his alteration to other tribunals. deputy. The 2nd section imposes the same pains The 1st section, therefore, abolishes the and penalties as for perjury, on those who offices of Receiver-General and Comp- make any false statement on such exami troller of the Seal from 31st December, nation; and the 3rd provides that the act 1845. is not to affect the right of the commisfactory answers. sioners to commit the party for unsatis The 2nd section provides, that date all writs and other process shall that after be sealed and re-sealed by the masters of the Queen's Bench and Common Pleas, and Queen's coroner, and attorney, and master, on the crown side, respectively, subject to the orders and directions of the judges. The fees now payable are to be received and accounted for by the masters, as other fees in their respective offices. Certain sums, amounting to 1,6537. 14s., have been paid annually out of the seal office fees to the clerk of the Hanaper. By the 3rd section of this act, the Treasury is authorised to pay these sums to the clerk of the Hanaper. DECLARATIONS IN LIEU OF OATHS IN 8 & 9 Vict. c. 48.f WELSH SHERIFFS ACT, 8 Vict. c. 11.8 The the law of the principality, in regard to the This is a proper measure. 8 & 9 Vict. c. 30.h It appears that various appeals from the courts of Suddur Dewanny Adawlut, at The preamble of this act states that it admitted, and the transcripts sent through Calcutta, Madras, and Bombay, had been is highly desirable that oaths should not the East India Company to the Privy be administered unnecessarily by public Council Office, but that the suitors in such authority, and that there is reason to appeals had not taken the necessary meabelieve that the examination of a bank-sures for bringing the same to a hearing. rupt or his wife will be equally effectual The 3 & 4 W. 4, c. 41, therefore, enacted that the Privy Council might give direc d See the act, verbatim, p. 333, ante. • See the act, p. 252, ante. See the act, p. 253, ante. See the act, p. 254, ante. |