374 Superior Courts: King's Bench Practice Court; Exchequer. matters between plaintiff and defendant; but | WRIT OF SUMMONS.—ALLEGED IMPROPER DE by the cases alluded to, it would appear that authority was given to give costs against the claimant. As the present rule, however, did not pray for costs, it would be hard to call on the claimant for costs without giving him an opportunity of shewing cause against the order to that effect. The rule would therefore be granted, requiring the claimant to pay costs, unless within ten days he shewed cause at chambers. Rule accordingly.-Shuttleworth v. Clark, H. T. 1836. K. B. P. C. Exchequer of pleas. INTERPLEADER ACT.-SHERIFF'S RULE.- On an application for a sheriff's rule, under This was an application for a sheriff's rule, under the Interpleader Act. The atidavit did not deny collusion; and it was submitted that this was not a necessary allegation. There had been different decisions on the subject. The Court said, that under the section of the Act on which the present application was made, it was not necessary to deny collusion, although in a former section, where applications were made on behalf of individuals, it was rendered essential. As it was not required by the Act, the Court had no right to impose the necessity, and the rule must therefore be granted. Rule granted.Bond v. Woodhull, H. T. 1836. Excheq. AFFIDAVIT.-COMMISSIONER ATTORNEY IN THE CAUSE. SCRIPTION OF DEFENDANT'S RESIDENCE An affidavit on a rule nisi før setting aside a A rule nisi had been obtained for setting aside a writ of summons, on the ground of its wrongly setting forth the county in which the defendant's residence was situated. It was described to be of Symond's Inn, London; but an affidavit was produced, in which the whole of Symond's Inn was stated to be in Middlesex. Cause was now shewu, and it was urged that the affidavit was insufficient, inasmuch as it did not shew that there was no dispute concerning the boundaries of London and had been informed and believed that the whole Middlesex, but merely stated that the deponent of Symond's Inn was in Middlesex. If the description of the defendant was a good one, the Court would not decide on affidavit whe ther it was a true one. the Act of Parliament must be strictly comOn the other hand, it was submitted that plied with. It was required, that in every writ of summons and copy, the place and county of the residence of the defendant should be distinctly set forth. The residence given in the present writ was evidently wrong, as it was sworn that the whole of Symond's Inn was in Middlesex instead of London, and this fact was not negatived. The Court said, that if it had appeared distinctly that the whole of Symond's Inn was in Middlesex, the writ of summons would be considered to be bad. But the affidavit was so loose that the fact of the residence of the de negatived. An affidavit is good, notwithstanding its hav-fendant being in London was not sufficiently ing been sworn before the attorney in the cause as Commissioner, unless it is shewn that he was the attorney in the cause at the time. In this case, a rule had been obtained for having the bail-bond delivered up to be cancelled, on the ground that the defendant had been arrested twice for the same debt; against which cause was now shewn. It was objected that the affidavit, on which the rule had been granted, was sworn before a Commissioner, who, it was shewn, was now the attorney in the cause. On the other hand, it was submitted that the objection was invalid, as it was not proved that he was the attorney in the cause at the period of the swearing the affidavit. The Court said the objection must fail. With regard to the present rule, it was doubtful whether both arrests were for the same subject matter, and the Court referred it to the Master. Rule accordingly.—Beaumont v. Dean, H. T. 1836. Excheq. 1836. Excheq. DEFENDANT IN FOREIGN CUSTODY. DIS- A defendant being in custody of any other This was an application for the discharge of a prisoner out of the custody of the marshal, under the Small Debtors' Act. It was sworn that he had been in custody for twelve months, and that the debt did not exceed 201. The Court enquired whether a copy of causes, in which the defendant was in custody, was annexed to the affidavit, properly certified by the marshal or verified by affidavit? It was replied in the negative. Superior Courts: Exchequer.-Notes of the Week. The Court said that the rule could not issue. The defendant being in foreign custody, that is, not in the custody of the warden of the Fleet, a copy of causes must be produced. Rule refused.-Short v. Williams, H. T. 1836. Excheq. ACTION ON BAIL BOND.-OBJECTION.NO Proceedings having been taken on a bail bond A rule had been obtained for setting aside the service of the writ of summons, and subsequent proceedings, on the ground of irregularity. Cause was now shewn; and it appeared that the action was on a bail bond, and the objection was that no default had taken place in the original action. It was now submitted, however, that the present rule was not applicable to the case, as it should have been directed against the rule itself, and not against the service. The Court agreed with this argument, and said besides, that the objection should have been pleaded in bar to the action. Rule discharged.-Edwards v. Danks, H. T. 1836. Excheq. NOTES OF THE WEEK. LAW BILLS IN PARLIAMENT. House of Lorus. Second Reading. Registration of Births, &c. Turnpike Roads Consolidation. 375 Bills to be brought in. Registration of Aliens. Costs and Actions of Private Com- ECCLESIASTICAL COURTS BILL.-CONCURRENT There are some clauses in this bill, the effect of which, if suffered to remain, must have a very serious effect on the business of the Court of Chancery, and the subject calls for the immediate attention of both branches of the profession, The clauses to which we refer, are those giving powers to the intended Court of Probate, with respect not only to letters of administration granted in intestate cases, but to administrations with the will annexed; in short, giving power over all personal estates. As the practice at present stands, an administrator may be cited to give an inventory on oath, The creditor or other person interested pays the expense of the citation, and the ad Administration of Justice in West ministrator pays the expense of the in Indies. Slaves Compensation. In Committee. Ecclesiastical Courts. House of Commons. For Second Reading. Election Expenses. Registration of Voters. Durham Common Pleas. In Committee. Tithes Commutation. 18th March. Prisoners' Counsel. 16th March. ventory. There the matter generally stops. The Ecclesiastical Court at present has no power to decide disputed items, or questions relating to debts and liabilities. No account is taken in the form of charge and discharge, as in the Master's Office in Chancery, each item being subjected to examination. By the present bill, the new Court will have power to deal with an executor or administrator in as full and ample a manner as the Court of Chancery; and, in short, the bill will create a concurrent jurisdiction with the Equity Courts in all matters relating to the administration of personal estates, The new Court will also have the advantage of being able to enforce its orders under the administration bond more effectually than 376 Notes of the Week.-Answers to Queries.—Queries. the existing Courts: such at least will be the impression. It does not appear, by the discussion in Parliament, that the attention of the Lord Chancellor, or the other Law Lords, has been called to this point. Without entering upon the question of the advantage or disadvantage of giving concurrent jurisdiction to another Court in these matters, we may for the present observe, that if these clauses pass, it will be proper to throw open the new Court to the Equity Bar and the solicitors. The proctors are about 100 in number; and it would be as reasonable to allow them to retain the monopoly of this new jurisdiction, as it would have been to bestow on the former practitioners of the Court of Exchequer all the present business. It appears that either the new Court must be restricted in the nature of its jurisdiction, or the counsel and solicitors of the Equity Courts admitted to practise in common with the doctors and proctors. to think B. & C. are entitled to one vote, as trustees, by the 23d section of the Reform Act, to which "A Constant Subscriber" mon of the estate in question; but they must refers, or to a vote each, as tenants in commake their election. And, with regard to that privilege attaching to the children of the two other brothers of the testator, I am of opinion, that it is limited to the heirs (if males) of the two deceased brothers, if they died intestate; and if not, to the devisees unof the elective franchise by the tenants, I beg der their respective wills. As to the exercise to call your correspondent's attention to the 20th section of the same act. My opinion has been principally guided by a perusal of the Fourth Chapter of Rogers on Election Law, 2d edition, p. 105, and the authorities there cited. QUERIES. Aspiro. Law of Property and Conveyancing. In p. 328, I observe, under the head of Law of Property and Conveyancing, a case of an executor, upon the indemnity of a residuary legatee, being obliged to pay over the residue. Will any of your correspondents inform a constant reader, if an executor having done so, would be an answer, in a court of law or for any breach committed by the assignee of equity, to a lessor of premises to the testator, the lease. If there are any cases on the sub X. Y. Gentlemen who are desirous of being admitted in Trinity Term next, must take care to have the notice for examination left at the Hall, in Chancery Lane, before the first day of Easter term next; and the no-ject, I should be glad to be referred to one. tice for admission left at the Judge's Chambers and King's Bench Office, before the first day of Easter term next; and the like notice left at the Office of the Master or Prothonotary (as the case may be), three days at the least before the first day of Easter term next. Thursday the 14th of April will be the last day for leaving notices of examination, and also notices at the Judge's Chambers and King's Bench Office. And Monday the 11th of April will be the last day for leaving notices at the Office of the Master or Prothonotary. ANSWERS TO QUERIES. Law of Property and Conveyancing. ANTE-DATING DEEDS, &c. dated, notwithstanding the date of the stamp Can deeds and bills of exchange be anteshould be inconsistent with the date of the in strument? THE EDITOR'S LETTER BOX. The First Part of the Articled Clerk's Manual is now published, price 4s. For an account of its contents, we refer to p. 367, ante. The Second Part will probably be ready next Saturday. It will contain the latest information as to the Examinations, with Forms of Notice, &c. Some further letters which we have received, on the subject of the Examination under the New Rules, will appear next week. The letters of T. P. T.; Y. N. N.; and J. T., shall have early attention. The Queries and Answers of C. N. S; A Young Clerk; W. F. ; Equity;" "Civis ; and E. F.; have been received. The proposal of B. H. cannot be accepted at present. Assuming that the trustees are invested with a discretionary power, either to sell forthwith, without any reservation, the freehold estate devised to them for that purpose, by the will of A., or to retain the same in their possession The letter on the "Usage of the Profesin the manner they have done, until circum-sion," as to the place of producing Title stances would justify such sale, I am inclined Deeds, shall be inserted. The Legal Observer. SATURDAY, MARCH 19, 1836. "Quod magis ad NOS HORAT. PROCEEDINGS IN PARLIAMENT. As yet no important bill relating to the law, save the Ecclesiastical Courts' Bill, has been introduced during the present session. The Chancery Bill will not, we presume, make its appearance until after Easter; and, until we have certain information on the subject, we abstain from mentioning the rumours as to the measure about to be proposed. under the Corporation Act, before any fresh scheme of the same nature be introduced. On Friday, the 11th of March, Lord Glenelg moved the second reading of his Bill for the better Administration of Justice in the West Indies. This bill is in pursuance of the recommendations of the Commissioners who were sent out in 1826 to examine into, and report upon, the judicial system in those colonies. It has been, we are informed, for some time in the Colonial Office, but has not been brought It affords additional forward until now. evidence of the disinclination of the present ministers to the system of Local Courts. Lord Glenelg dwelt much, as a reason for the measure, on the liability to partiality of the resident Judges in the West Indies, and the superior merits of the administration of justice by circuits. The following is an outline of the proposed plan · Some interesting conversations have taken place respecting two projects which have from time to time occupied much of our space-the Local Courts' Bill, and the Bill for Abolishing Imprisonment for Debt. With respect to the first of these, both the Attorney-General and Lord John Russell have declared, that it is not the intention of the Government to bring forward any measure for the establishment of Local Courts. As to the latter bill, after some The bill is meant to apply to Jamaica, doubt as to the branch of the legislature and to include southward, the windward which was to originate it, the Attorney- and leeward Caribbee Islands. It is framed General stated on Monday, that it would according to the recommendations of the be introduced into the House of Lords in a Commissioners appointed in 1826, which shape which would probably secure its were sanctioned by Earl Bathurst, and repassing. Until we see the alterations ceived the approbation of Lord Eldon. which have been made in it, we shall for- The principle of the measure is, that these bear to express any opinion respecting it. islands shall be divided into two districts. In the shape in which it was introduced in To each district there is to be appointed a the last session of Parliament, we should Chief Justice and a Senior Judge, who are, feel it our duty to oppose it by every fair at stated times, to go the circuit throughmeans in our power. out the islands. Besides these, it is proWe are not surprised at the determina-posed that there should be a puisne judge tion of Government with respect to Local Courts. Surely we should wait to see how many of the new corporations will avail themselves of the power of appointing Recorders, and establishing Borough Courts, VOL. XI. NO. 323. resident in each island, who shall assist the other judges when they arrive on circuit, but who, at other seasons may trans a See some account of this Report, i L. O. 71. 2 C 378 Proceedings in Parliament.-The Property Lawyer. act business as the judges do, in chambers at home, and perhaps preside at the Quarter Sessions. The expenditure under the old system is not to be increased. The extent of the circuit will be about 850 miles, and the conveyance is to be by steam to the several islands. Trespass quare clausum fregit. Plea, that the Duke of Cleveland being seised in fee of the close in question, on the 26th of March, 1835, demised the same to the defendant George Williams, by virtue of which demise the defendants entered, &c. Replication, that before such demise, to wit, on the 25th of March, 1830, the Duke of Cleveland demised the close to one John Keel, as tenant from We need not go into the details of the measure which has been introduced in pur-year to year, who, on the 23d of September, suance of the directions of the Ecclesiastical Commissioners, as it relates entirely to the disposition and equalization of the Revenues of the Church, further than to remark that we have always been in favour of this plan of Church Reform. 1834, demised it to the plaintiff, to hold the same from the 29th of September then instant, as tenant at will thereof to him the said John Keel. Rejoinder, that after the demise to Keel, and before the demise made to the defendant George Williams, Keel surrendered all his interest in the close to the Duke of piece of glebe land belonging to the Reverend John Vane, the rector of Burrington, and that John Keel was a like yearly tenant of the close in question, under the Duke of Cleveland, a Mr. Cockburn being the steward of both the lessors. Keel, who was called for the plaintiff, stated, that some time in the beginning of 1834, he applied to Mr. Cockburn to be the tenant of the piece of glebe land, in case it became vacant, who said he should be glad to let him (Keel) have it as soon as it could con The proposed Bill for the Consolidation Cleveland. Surrejoinder, denying such surof the Stamp Laws, is of great practical render; on which issue was taken. At the importance to the profession. The whole trial before Coleridge, J., at the last Summer Assizes for the county of Somerset, it appeared of the preceding Stamp Acts, 150 in num-that the plaintiff had been a yearly tenant of a ber, are to be consolidated into one, with the exception of the Laws relating to Stage Coaches, and to Hawkers and Pedlars, the acts relating to both of which have been lately consolidated. The new act will contain 330 sections. The great alteration proposed, is in the present scale of ad valcrem duty, and which is to be entirely done away with, and a uniform scale of one per cent. is to be substituted. The next great alteration proposed is, that ex-veniently be done. That he and the plaintiff met on the 23d of September 1834, and made ecutors and administrators shall pay duty, a verbal agreement to exchange their closes, not, as now, on the gross amount of their he to pay the plaintiff's, and the plaintiff to testator's estates, subject to the right to pay his rent. That no money was paid on reclaim the amount of debts due, but on either side, the rent of the two fields being the That in pursuance of this agreement the net amount of such estates. The same. scale of duties on inland bills is also to be the plaintiff, on the 29th of September, gave lowered; also that on apprentices' inden him possession of the piece of glebe land, and tures; also that on leases, and on adminis-be gave the plaintiff possession of the close in tration bonds. On the other hand, a small duty is to be laid on shares in Joint Stock Companies, on their first issue. These are the principal novelties mentioned by the Chancellor of the Exchequer; but, as we might mislead by mentioning the details of figures, we shall wait for them until the bill is printed, when we shall lay them be fore our readers. By the 29 Ch. 2, c. 3, s. 3, it is enacted, that no leases or interests, either of freehold or terms of years of, in, to, or out of any lands, tenements, or hereditaments, shall be surrendered, except by deed or note in writing, or by act or operation of law. The following case has been lately decided under this section: question, and he told the plaintiff that he |