Practical Points of General Interest.- New Bills in Parliament. end of the agreement was material, though | pers. 475 The only evidence as to whether the whole number had been printed, was the evidence of a journeyman, who said that he himand that there were two other men working self worked off 250 copies previous to the fire, at them also. Tindal, C. J.-"As to the work and labour, the defendant sets up in answer to the claim, that there was an agreement between him and the plaintiffs, by which the plaintiffs contracted to print a work, and were not to be paid till the whole was delivered. In answer to that the plaintiff's say, admitting that the agreement was so, as to 210 copies, they did actually deliver them to the defendant; and as to 540, they say they were all printed and completed, and ready for delivery, when a fire broke out and consumed them. The question will be, whether, upon the evidence, you are satisfied that all were printed, or whether the fire took place while the press was set, and before the whole was printed off." Verdict for the plaintiff's for the amount of the bill of exchange, and for the PRACTICAL POINTS OF GENERAL defendant as to the other part of the demand. INTEREST. -Adlard v. Booth, 7 C. & P. 108. PRINTER'S ACCOUNT. WHERE a printer sought to recover the reward of his labours in printing certain works, which had been consumed by fire before delivery to the author, it was held that he could not recover, because the usage of the trade was proved to be, that a printer ought not to be paid for any part of his work until the whole is completed and delivered.-Gillett v. Mawman, I Taunt. 137. This rule was acted on very recently, under the following circum stances : stamped. Stamps rendered useless by the discontinuance of old dies and the providing of new dies, to be allowed and exchanged. 11. Paper stamped for duties granted by former acts may be used for deeds or instruments requiring stamps of like amount under this act. Stamped paper, &c. rendered useless by this act, may be exchanged or have additional stamps as herein mentioned. 10. Commissioners ur discontinue dies, and provide new ones in lieu thereof. After a day fixed by notice in the Gazette, the new Assumpsit on a bill of exchange by the dies to be the only true and lawful dies. drawer against the acceptor, and counts for Deeds, &c. stamped with any other dies after work and labour. The defendant pleaded-the day so fixed, to be deemed not duly first, that he did not accept the bill; secondly, that the work and labour was to be done in respect of a quantity of books, and that they were not all delivered; thirdly, that the credit had not expired; and fourthly, a set-off. To the second plea the plaintiff replied, that part of the books were delivered, and the remainder were ready; and that notice was given to the defendant to fetch them away. The plaintiffs were printers, and printed for the defendant, in the year 1829, a work called "The Analytic Dictionary," of which the impres-in case of probates, &c. sion was to be 750 copies. It was proved, on the part of the plaintiffs, that on the morning of the 12th of August, a fire broke out on their premises, and that, previous to that day, the defendant had received four copies, in boards, of the work complete, which he himself took to his publisher, and also, that he had 206 copies delivered to his order, in sheets, on the morning of the fire, which were all right and complete, but without any wrap 12. Instruments having wrong stamps, but of sufficient value, shall be valid. Exception 20. Deeds, &c. not duly stamped, may be stamped after execution, on payment of duties and penalties; except bills, receipts, policies, and certificates of shares. Any deed, &c. which may have been inadvertently or necessarily written on unstamped paper, if brought to the head office within twelve months, may be stamped, and the penalty reinitted. Certain deeds, &c. allowed to be stamped after signature. 474 On the Performance in Equity of a Negative Contract. in the case of Mr. Colman, who covenanted | tion either of discharging him, or disconwith his co-proprietor, Mr. Morris, that he would not write dramatic pieces for any theatre but the Haymarket, and this was held to be legal. The latest case on this subject is that of Kimberley v. Jennings, in which a clerk to large factors at Birmingham, covenanted, in consideration of a salary, and of an agreement to be taken into partnership at a certain time, to serve them as clerk, traveller, and book-keeper in the trade for six years, and that he would not for that space of time work for or be employed by any other person, or in any other business whatsoever, without the consent of his employers. A bill being filed to restrain the defendant (the traveller) from working for any other person in any trade or business whatsoever, a general demurrer to this bill, for want of equity, was allowed by the Vice Chancellor; and as the point is of considerable importance, we shall give his Honor's judgment at some length :— tinuing the payment of his salary, and insisting that, for the remainder of the six years, he shall not engage in the service of any other individual. Nothing could be more harsh towards a young man dealing with great traders, than that he should be allowed to enter into an agreement, which placed him so entirely in their power. And, although events have happened which have precluded the plaintiffs from availing themselves of this harsh stipulation, still I must look at the agreement as it was originally concocted, in order to see whether, on the whole, it was such as this Court would countenance. Then, at the end of the agreement, there is this stipulation, that, at the end of the term of six years, the parties should become partners, upon such terms, conditions, and restrictions as should be mutually agreed upon between them. This was an essential and important part of the agreement, and was so considered by both parties; and although the performance of it was to depend on the defendant's good conduct, and the terms of the partnership were to be subsequently arranged, it is plain that he so considered it, from his having expressed his desire to the plaintiffs, at the meeting between them, on the 8th of January, 1835, to procure some better terms as to the promised partnership, and from his having pressed them to specify what proportion of the trade he was to have, and further, from his having, on the following day, obtained from them the second agreement, in which they again held out to "It does not clearly appear to be the meaning of the agreement, that, if the event happened that the defendant did not continue, during the whole term of six years, in the service of the plaintiffs, he should be disabled from engaging in any other service or employment for the remainder of the term. It has been assumed, in the course of the argument, that this part of the agreement is to be taken by itself, and that, whatever might happen during the term, the defendant should not engage in any other employment. But, attending to the whole of the agreement, the true construc-him the prospect of a future partnership. tion of it seems to be, that, during such portion of the term as the defendant should continue in the service of the plaintiffs, he should not enter into any other employment; but if he should be dismissed during the term, then that he might engage himself in the service of other persons. Supposing, however, the meaning of the agreement to be such as I have stated it to be, still it would afford a strong reason against the interference of the Court; for it would be what is commonly termed a hard bargain; inasmuch as the agreement is so constructed, that if, from illness or any other cause over which the defendant could have no control, he should become incapable of serving the plaintiffs, they have the op The whole of the agreement must be taken together; and though that portion of it which relates to the partnership is so vague and loose that the Court cannot execute it, still it is evident that the defendant was looking forward to the time at which he should have a share of the profits; and this Court is not at liberty to say that that portion of the agreement on which it cannot act shall be rejected, and that the other part, on which it can act, shall be retained. It is observable, that the bill represents that the plaintiffs are ready and willing to perform the agreement on their parts, but it does not ask for a specific performance; and it is obvious, that if the plaintiffs were required by the defendant to admit him into partnership, they might insist on such terms as would render it impossible that they ever should become partners. The plaintiffs, however, by this offer, shew that, in their view, the stipulation at the Practical Points of General Interest. - New Bills in Parliament. 475 end of the agreement was material, though | pers. The only evidence as to whether the they might act in such a way as that, vir- whole number had been printed, was the evitually, they should not be bound by it. dence of a journeyman, who said that he himThen it was said that the Court might and that there were two other men working self worked off 250 copies previous to the fire, execute a negative contract. I admit it. at them also. Tindal, C. J.-"As to the work But here the negative covenant does not and labour, the defendant sets up in answer stand by itself; it is coupled with the to the claim, that there was an agreement beagreement for service of a certain number tween him and the plaintiffs, by which the of years, and then for taking the defendant plaintiffs contracted to print a work, and were into partnership. In the first place, this not to be paid till the whole was delivered. In answer to that the plaintiffs say, admitting agreement cannot be performed in the that the agreement was so, as to 210 copies, whole, and therefore this Court cannot per- they did actually deliver them to the defenform any part of it; in the next place, it is dant; and as to 540, they say they were all not to be construed as the plaintiffs contend printed and completed, and ready for delifor; and lastly, it is a hard bargain, and very, when a fire broke out and consumed therefore this Court will not interfere." them. The question will be, whether, upon the evidence, you are satisfied that all were printed, or whether the fire took place while the press was set, and before the whole was printed off." Verdict for the plaintiffs for the amount of the bill of exchange, and for the PRACTICAL POINTS OF GENERAL defendant as to the other part of the demand. INTEREST. -Adlard v. Booth, 7 C. & P. 108. PRINTER'S ACCOUNT. WHERE a printer sought to recover the reward of his labours in printing certain works, which had been consumed by fire before delivery to the author, it was held that he could not recover, because the usage of the trade was proved to be, that a printer ought not to be paid for any part of his work until the whole is completed and delivered.-Gillett v. Mawman, I Taunt. 137. This rule was acted on very recently, under the following circum stances: NEW BILLS IN PARLIAMENT. STAMP DUTIES. THIS is intituled, "A Bill to consolidate and amend the Laws relating to the Stamp Duties." clauses as we can at present find room for, The following is an analysis of such and which particularly concern the profession. 10. Commissioners a discontinue dies, and provide new ones in lieu thereof. After a day fixed by notice in the Gazette, the new dies to be the only true and lawful dies. Deeds, &c. stamped with any other dies after the day so fixed, to be deemed not duly stamped. Stamps rendered useless by the discontinuance of old dies and the providing of new dies, to be allowed and exchanged. Assumpsit on a bill of exchange by the drawer against the acceptor, and counts for work and labour. The defendant pleadedfirst, that he did not accept the bill; secondly, that the work and labour was to be done in respect of a quantity of books, and that they were not all delivered; thirdly, that the credit had not expired; and fourthly, a set-off. To the second plea the plaintiff replied, that part of the books were delivered, and the remainder were ready; and that notice was given to the defendant to fetch them away. The plaintiffs were printers, and printed for the defendant, in the year 1829, a work called "The Analytic Dictionary," of which the impres-in case of probates, &c. sion was to be 750 copies. It was proved, on the part of the plaintiffs, that on the morning of the 12th of August, a fire broke out on their premises, and that, previous to that day, the defendant had received four copies, in boards, of the work complete, which he himself took to his publisher, and also, that he had 206 copies delivered to his order, in sheets, on the morning of the fire, which were all right and complete, but without any wrap-stamped after signature. 11. Paper stamped for duties granted by former acts may be used for deeds or instruments requiring stamps of like amount under this act. Stamped paper, &c. rendered useless by this act, may be exchanged or have additional stamps as herein mentioned. 12. Instruments having wrong stamps, but of suflicient value, shall be valid. Exception 20. Deeds, &c. not duly stamped, may be stamped after execution, on payment of duties and penalties; except bills, receipts, policies, and certificates of shares. Any deed, &c. which may have been inadvertently or necessarily written on unstamped paper, if brought to the head office within twelve months, may be stamped, and the penalty remitted. Certain deeds, &c. allowed to be 474 On the Performance in Equity of a Negative Contract. The latest case on this subject is that of Kimberley v. Jennings, in which a clerk to large factors at Birmingham, covenanted, in consideration of a salary, and of an agreement to be taken into partnership at a certain time, to serve them as clerk, traveller, and book-keeper in the trade for six years, and that he would not for that space of time work for or be employed by any other person, or in any other business whatsoever, without the consent of his employers. A bill being filed to restrain the defendant (the traveller) from working for any other person in any trade or business whatsoever, a general demurrer to this bill, for want of equity, was allowed by the Vice Chancellor; and as the point is of considerable importance, we shall give his Honor's judgment at some length : in the case of Mr. Colman, who covenanted | tion either of discharging him, or disconwith his co-proprietor, Mr. Morris,' that he tinuing the payment of his salary, and inwould not write dramatic pieces for any sisting that, for the remainder of the six theatre but the Haymarket, and this was years, he shall not engage in the service of held to be legal. any other individual. Nothing could be more harsh towards a young man dealing with great traders, than that he should be allowed to enter into an agreement, which placed him so entirely in their power. And, although events have happened which have precluded the plaintiffs from availing themselves of this harsh stipulation, still I must look at the agreement as it was originally concocted, in order to see whether, on the whole, it was such as this Court would countenance. Then, at the end of the agreement, there is this stipulation, that, at the end of the term of six years, the parties should become partners, upon such terms, conditions, and restrictions as should be mutually agreed upon between them. This was an essential and important part of the agreement, and was so considered by both parties; and although the performance of it was to depend on the defendant's good conduct, and the terms of the partnership were to be subsequently arranged, it is plain that he so considered it, from his having expressed his desire to the plaintiffs, at the meeting between them, on the 8th of January, 1835, to procure some better terms as to the promised partnership, and from his having pressed them to specify what proportion of the trade he was to have, and further, from his having, on the following day, obtained from them the second agreement, in which they again held out to "It does not clearly appear to be the meaning of the agreement, that, if the event happened that the defendant did not continue, during the whole term of six years, in the service of the plaintiffs, he should be disabled from engaging in any other service or employment for the remainder of the term. It has been assumed, in the course of the argument, that this part of the agreement is to be taken by itself, and that, whatever might happen during the term, the defendant should not engage in any other employment. But, attending to the whole of the agreement, the true construc-him the prospect of a future partnership. tion of it seems to be, that, during such portion of the term as the defendant should continue in the service of the plaintiffs, he should not enter into any other employment; but if he should be dismissed during the term, then that he might engage himself in the service of other persons. Supposing, however, the meaning of the agreement to be such as I have stated it to be, still it would afford a strong reason against the interference of the Court; for it would be what is commonly termed a hard bargain; inasmuch as the agreement is so constructed, that if, from illness or any other cause over which the defendant could have no control, he should become incapable of serving the plaintiffs, they have the op The whole of the agreement must be taken together; and though that portion of it which relates to the partnership is so vague and loose that the Court cannot execute it, still it is evident that the defendant was looking forward to the time at which he should have a share of the profits; and this Court is not at liberty to say that that portion of the agreement on which it cannot act shall be rejected, and that the other part, on which it can act, shall be retained. It is observable, that the bill represents that the plaintiffs are ready and willing to perform the agreement on their parts, but it does not ask for a specific performance; and it is obvious, that if the plaintiffs were required by the defendant to admit him into partnership, they might insist on such terms as would render it impossible that they ever should become partners. The plaintiffs, however, by this offer, shew that, in their view, the stipulation at the Practical Points of General Interest.- New Bills in Parliament. 475 end of the agreement was material, though | pers. The only evidence as to whether the they might act in such a way as that, vir- whole number had been printed, was the evitually, they should not be bound by it. dence of a journeyman, who said that he himThen it was said that the Court might and that there were two other men working self worked off 250 copies previous to the fire, execute a negative contract. I admit it. at them also. Tindal, C. J.-"As to the work But here the negative covenant does not and labour, the defendant sets up in answer stand by itself; it is coupled with the to the claim, that there was an agreement beagreement for service of a certain number tween him and the plaintiffs, by which the of years, and then for taking the defendant plaintiffs contracted to print a work, and were into partnership. In the first place, this not to be paid till the whole was delivered. In answer to that the plaintiffs say, admitting agreement cannot be performed in the whole, and therefore this Court cannot per- they did actually deliver them to the defenthat the agreement was so, as to 210 copies, form any part of it; in the next place, it is dant; and as to 540, they say they were all not to be construed as the plaintiffs contend printed and completed, and ready for delifor; and lastly, it is a hard bargain, and very, when a fire broke out and consumed therefore this Court will not interfere." them. The question will be, whether, upon the evidence, you are satisfied that all were printed, or whether the fire took place while the press was set, and before the whole was printed off." Verdict for the plaintiffs for the amount of the bill of exchange, and for the PRACTICAL POINTS OF GENERAL defendant as to the other part of the demand. INTEREST. -Adlard v. Booth, 7 C. & P. 108. PRINTER'S ACCOUNT. WHERE a printer sought to recover the reward of his labours in printing certain works, which had been consumed by fire before delivery to the author, it was held that he could not recover, because the usage of the trade was proved to be, that a printer ought not to be paid for any part of his work until the whole is completed and delivered.-Gillett v. Mawman, I Taunt. 137. This rule was acted on very recently, under the following circum stances: NEW BILLS IN PARLIAMENT. STAMP DUTIES. THIS is intituled, "A Bill to consolidate and amend the Laws relating to the Stamp Duties." clauses as we can at present find room for, The following is an analysis of such and which particularly concern the profession. 10. Commissioners 7 discontinue dies, and provide new ones in lieu thereof. After a day fixed by notice in the Gazette, the new dies to be the only true and lawful dies. Deeds, &c. stamped with any other dies after the day so fixed, to be deemed not duly stamped. Stamps rendered useless by the discontinuance of old dies and the providing of new dies, to be allowed and exchanged. Assumpsit on a bill of exchange by the drawer against the acceptor, and counts for work and labour. The defendant pleadedfirst, that he did not accept the bill; secondly, that the work and labour was to be done in respect of a quantity of books, and that they were not all delivered; thirdly, that the credit had not expired; and fourthly, a set-off. To the second plea the plaintiff replied, that part of the books were delivered, and the remainder were ready; and that notice was given to the defendant to fetch them away. The plaintiffs were printers, and printed for the defendant, in the year 1829, a work called "The Analytic Dictionary," of which the impression was to be 750 copies. It was proved, on the part of the plaintiffs, that on the morning of the 12th of August, a fire broke out on their premises, and that, previous to that day, the defendant had received four copies, in boards, of the work complete, which he himself took to his publisher, and also, that he had 206 copies delivered to his order, in sheets, on the morning of the fire, which were all right and complete, but without any wrap-stamped after signature. 11. Paper stamped for duties granted by former acts may be used for deeds or instruments requiring stamps of like amount under this act. Stamped paper, &c. rendered useless by this act, may be exchanged or have additional stamps as herein mentioned. 12. Instruments having wrong stamps, but of sufficient value, shall be valid. Exception in case of probates, &c. 20. Deeds, &c. not duly stamped, may be stamped after execution, on payment of duties and penalties; except bills, receipts, policies, and certificates of shares. Any deed, &c. which may have been inadvertently or necessarily written on unstamped paper, if brought to the head office within twelve months, may be stamped, and the penalty remitted. Certain deeds, &c. allowed to be |