Superior Courts: K. B. Practice Court: Common Pleas. JUDGMENT AGAINST THE CASUAL EJECTOR. If the tenant in possession admits that he is acquainted with the intent and import of the notice of declaration, it will not be necessary to give the usual explanation, and the Court will grant the rule. This was an application for judgment against the casual ejector. The affidavit stated, that the tenant in possession had been personally served with the notice of declaration, and that he admitted that he knew the intent and meaning of the service without its being explained. It was submitted that this was sufficient. Putteson, J. granted the rule. Common Pleas. 261 AFFIDAVIT. — COMMISSIONERS OF COURT OF An affidavit sworn before a commissioner of This was an application that the acknowledgment of a fine taken before a special commissioner in Ireland, might be received. The affidavit of the certificate of acknowledgment had been sworn before a commissioner for taking affidavits in the Court of Common Pleas in Ireland, and it was submit❘ted that this was sufficient; and in support of the argument a case was cited, where an affidavit taken before a commissioner of the Rule granted.-Doe dem. Wicks v. Roe, H. Court of Exchequer in Ireland, was allowed T. 1836. K. B. P. C. to be read. OF ACTION.- SUM ᎠᎬᏴᎢ. = SATISFACTION An action of debt having been settled, but a This was an application for a rule, calling on the plaintiff to shew cause why he should not pay the defendant's costs, in attending to answer a summons before a judge at chambers, which had been obtained to set aside the proceedings in the cause. The Court said that the rule of Court could not be departed from, by which the affidavits were required to be sworn before a Judge or commissioner of the court. Rule refused.-Wranken v. Frowd, H. T. 1836. C. P. DEBT.-APPLICATION TO RESCIND JUDGE'S An application to r scind a Judge's order The action, it appeared, was for debt, and process was issued and served in the usual A rule nisi had been obtained in this form. The defendant refused to pay the sum cause for setting aside a Judge's order, demanded, but a friend, with whoin he was and for the discharge of the defendant out of residing at Liverpool, paid the amount and the custody of the warden of the Fleet, on endischarged the action. The plaintiff subse-tering a common appearance, under the folquently, however, received a summons to ap- lowing circumstances: pear at chambers to shew cause why the proceedings should not be set aside for irregularity. The irregularity complained of was, that the defendant was described as of the county of Salop, whereas he lived about a mile without the borders of that county. The summons was dismissed, and the affidavits were ordered to be filed, in order that they might be of service to the plaintiff, in the event of his applying for the costs of attending the summons. It was submitted that the case was one of great hardship upon the plaintiff, and the proceedings at chambers were vexa tious. Patteson. J. thought that there was some mistake with regard to filing the affidavits. It had been held that the judges had the power of giving costs at chambers, but it was not usual to do so on the discharge of a summons. A rule to shew cause might, however, be taken. Rule accordingly.-Thorncroft v. Dellis, H. T. 1836. K. B. P. C. It appeared that the defendant was arrested on an affidavit of debt, sworn before a Scotch magistrate, in which it was sworn that he was indebted to the plaintiff in the sum of 5157. 5s. 114d., on a certain promissory note, granted to him, and for factor's fees, trouble, and commission, as factor and land-stewart to the defendant. A Judge's order was obtained for holding the defendant to bail on this affidavit, and he was lodged in the Fleet Prison. On the 22d October a detainer was lodged against him; but on the 30th of the same month a summons was taken out, returnable at chambers on the next day, for his discharge, on the ground of the insufficiency of the affidavit to hold to bail. The present rule was obtained not only under the circumstances above described, but further, because the writ of detainer did not set forth the date of the Judge's order on which the defendant was held to bail pursuant to the rule of court. Cause was now shewn, and it was admitted that both the affidavit and writ were bad; but 262 Chancery Sittings. it was contended that the application came too | Wednesday Mar. 9) late The Court observed that no mention of the alleged irregularity was inade at chambers. This was admitted on behalf of the defendants; but it was urged that the proper course was to apply to the Court. This had been done here as early as possible, the application having been made on the first day of term. The Court thought the defendant was right in applying to the Court, as it was not usual Tuesday Monday Tuesday 10 12 14 Re-hearings & Appeals. 15 16 17 18 19 The Fourth Seal. Appeal Motions and Motions. Petitions in Lunacy, Appeal Cause Peti tions, Bankrupt Petitions. for one Judge to rescind the order of another. Such Days as his Lordship is engaged in the. The rule must be therefore made absolute. Exchequer of Plexs. Monday Tuesday Wednesday Thursday Friday Saturday MIDDLESEX. LONDON. (Adjournment-day) Common Juries. Common Juries. Feb. 11 15 17 Pleas, Demurrers, Causes, Further Directions, and Exceptions. 23 | Motions. 24 Tuesday March 1neral Paper. Monday - The Court will return to Middlesex after the London Causes are disposed of, should any Middlesex Causes remain to be tried. NOTES OF THE WEEK. THE KING'S SPEECH.-LAW REFORM. THE only passage which directly concerns the Profession, in the King's Speech on Pleas. Demurrers, opening the present Session of Parliament, 4 Causes, Further Direc- on Thursday the 4th instant, is the follow5tions, and Exceptions.ing: 8 | Motions. 9 10 11 12 The speedy and satisfactory adminis- 14 Pleas, Demurrers, Saturday Monday Tuesday Wednesday Thursday 17 Friday 18 The subject of Tithes, both in England and Ireland, and of the Laws relating to Dissenters, as well as the Poor Laws, are briefly adverted to. We have already noticed, in several recent Numbers, under the head of "Chancery Reform," the material topics to be We shall be considered on that subject. enabled to lay before our readers the earliest information of the precise measure which may be proposed for removing the evils complained of; and we shall give the question our best attention. Nothing being announced of other measures of Law Reform, we presume the subject of the Court of Chancery stands preeminent in the estimation of his Majesty's Ministers, and that the Abolition of Imprisonment for Debt, and the other proposed alterations, about which the Houses of Parliament were so much occupied during the last Session, are of very inferior importance. We think this is so much the better, and that the Court of Chancery will afford abundant matter for some time to come. 264 Answers to Queries.— Queries.-Editor's Letter Box. ANSWERS TO QUERIES. Common Law. LEASE. BANKRUPTCY. P. 120. B. could not tell whether he had received more or less than the sum due to him, and A. B's wife, without his authority, sent some plate to C. D. as an additional security. When the account (which left a balance in A. B.'s favor) came to be settled, some dispute arose between them, and as A. B. was dependent on C. D., The assignment by B.'s assignees was no he never got his plate returned. Lately, howbreach of the covenant against alienation. ever, A. B. has demanded his plate by letter, Doe d. Goodbehere v. Bevan, 3 Maule & Selw. and received no answer. The plate is in a con353; Woodfall's Landlord & Tenant, by Har-spicuous part of C. D's house. Under these rison, p. 446. And an action is, I think, elear- | circumstances, would A. B. be justified in enly maintainable by the purchaser of B.'s lease tering C. D.'s house, and taking the things against A. for the breach of his covenant, on away, without violence, or must he bring an the ground of privity of estate. Campbell v. | action of trover ? Lewis, in Error, 4 B. & Ald. 392. SHERIFF.MORTGAGE.LANDLORD. C. P. 120. A mortgagor in possession may be considered as a tenant to the mortgagee. Partridge v. Beri, 5 B. & Ald. 604; and that either as tenant at sufferance, or even as trespasser, at the option of the mortgagee. Doe d. Roby V. Maisey, 8 B. & C. 767. It would have been more proper for the notice to state, that a year's rent was due, instead of "a year's interIt is sufficient if the sheriff have notice at any time before he has parted with the proceeds of the sale. Arnitt v. Garnett, 3 B. & Ald. 442. The statute to which "Inquirer" means to refer, is the 8th Ann. c. 14, s. 1, and not the 11 G. 2. est. " C. AN INQUIRER. Law of Property and Conveyancing. COPYHOLD TITLE. C. D. forty-two years ago inclosed a piece of waste land in the manor of Westbrook, and the annual rent of one shilling has been ever since paid to the lord of the manor. Within the inclosure C. D. built a cottage and stable, and died twenty-seven years ago. The land has since been the subject of mortgage, and of a conveyance by feofment. The lord of the manor now insists upon his right to it, and has brought an action of ejectment. Can it be maintained? A CONSTANT READER. QUERIES. Common Law. THE EDITOR'S LETTER BOX. The Quarterly Digest of all Reported Cases in all the Courts of England and Ireland, will be published next Saturday. This will be the First Part of the new volume for the year 1836. The Annual Digest of the Statute and Com. mon Law for the year 1835, is now complete in one Volume, comprising all the Decisions of all the Courts, and the Statutes with Commentaries, shewing the Alterations effected in the Law. TURNPIKE ACT.-5 & 6 W. 4, c. 18. A. is lessee of the tolls of a turnpike road, under a lease which does not expire until about the middle of the present year, 1836. By a recent statute, 5 & 6 W. 4, c. 18, carriages carrying manure are exempted from toll after the ist of January, 1836 ; and s. 3, after reciting that there are many persons contractors for turnpike tolls, whose leases do not expire until after that day, but who by reason of this act may be desirous of terminating their said leases, &c., enacts, "that it shall be lawful for any lessee, &c., whose lease, &c. shall not expire until after the said 1st of January, 1836,” to give notice of his intention to vacate The communications on the Examination of his lease, which shall expire accordingly. By | Attorneys; the Inconveniences of the Prothe local road act, manure is not liable to toll. | fession ; and the Fees at the Herald's College, Could A., whose tolls have not been reduced will receive early attention. by 5 & 6 W. 4, c. 18, have given notice and vacate his lease by s. 3 of that statute? TROVER. W. H. A. B. had an unsettled account with C. D. A. B. being in want of money, C. D. lent him some; but as the account was not closed, A. The letters of "Forensicus," and "A Solicitor," are under consideration. The Queries and Answers of W. J. G. ; F.; "A Constant Subscriber;" T.; and O.; have been received. In answer to a Correspondent, at p. 225, we have to observe, that the case reported p. 181, ante, on which he comments, is not an appeal from the decision of the Vice Chancellor in the case of Logan v. Fairlie, reported in 2 Sim. & Stu., but from a recent decision of his Honour upon another petition, regarding another legacy in the same suit,-which, we submit, appears clear enough in the Report. A MEMOIR OF JOHN BELL, Esq. In our last Number we gave a Memoir of Lord Stowell: we have this week to record the death of another much respected member of the profession-Mr. Bell. In the full tide of his life as an Advocate, few lawyers have obtained greater celebrity; and although, from having retired some years from practice, he has passed, to a certain extent, from the public eye, he has retained the undiminished regard and affection of the Chancery bar, and the profession at large; and we are sure that every particular respecting him with which we have been furnished, will be read with interest. John Bell was born at Kendal, in Westmoreland, in the year 1765. His father was a respectable merchant, but he had the misfortune to lose both his parents when very young. He received a very good education, being first sent to Dr. Dawson's school at Sodbury, where he enjoyed the advantage of Mr. Sedgwick's instruction in mathematics; and afterwards in 1782, to the university of Cambridge, where he was entered of Trinity College, and became a pupil of the well-known Dr. Watson, afterwards Bishop of Llandaff. He here soon distinguished himself, particularly in mathematics, obtained several prizes, and ultimately carried off the highest honors of the University, being in 1786, Senior Wrangler, and afterwards a Fellow of his own distinguished College. He took his Bachelor's degree in 1786, and his Master's in 1789. Mr. Bell fixed on the law as his profession, and entered himself at Gray's Inn. He resolved to take the Equity Courts as his future field, and he became the pupil of Sir VOL. XI. NO. 317. Samuel Romilly, and remained his intimate private friend till his death. He soon obtaineda competent knowledge of the branch of the law which he selected: and it is believed, as early as 1788, drew pleadings under the bar, then not an unusual thing on commencing practice. He also commenced two works on the law, the one on Parties to Suits in Equity, and another work; but although he bestowed considerable labour on them, his great and early practice at the bar prevented their completion, and they were never given to the public, which is much to be regretted. He was called to the bar on the 1st of February 1792, and immediately obtained practice as an Equity draftsman. He went the Northern Circuit for some years, but soon confined himself to his duties as a Chancery barrister. He now laid the foundation of that high reputation as a draftsman and Equity lawyer, which he enjoyed for so many years. His business became very extensive, and he was engaged in almost all the important causes, either on one side or the other. He was occupied from the earliest hour of the morning to the latest at night, and admission to his chambers as a pupil was earnestly sought after. That this was not desired without reason is shewn in the number of eminent men who boast of the distinction of calling him their professional father, among whom we may name the present Master of the Rolls, Lord Langdale, the present Vice-Chancellor, Sir Robert Palmer, Chief-Justice of Madras, Mr. Simpkinson, and Mr. Spence. In 1814, he found himself obliged to decline drawing pleadings, and to confine himself to settling them in some few instances, and to Court business, and to answering cases. T |