Reform in Bankruptcy.-The Property Lawyer. litigation; and although twelve years have elapsed, and 170,0007. have been received by his assignees, the question of his bankruptcy remains undecided, and not one farthing has reached his general creditors. Meanwhile, there has been that wasteful administration of his property, which, without any fault in assignees, is inseparable from such a state of things thirty thousand pounds (!!!) have been paid to the solicitors to the estate, and other solicitors, who have concurred with them in supporting the commission; between ten and twenty thousand pounds have been the costs of Mr. Chambers; between three and four thousand pounds have been paid to an accountant, and more than one thousand to the offi.. cial assignee; and thus nearly fifty thousand pounds have been spent, without even ascertaining whether the party be bankrupt. It will scarcely be believed, that the question, upon which fifty thousand pounds have been spent thus fruitlessly, was, whether Mr. Chain. bers had on some occasion desired a servant to say not at home' to a creditor when he called. When I last heard of Mr. Chambers, he was in a debtors' prison." BANKRUPT COMMISSIONS AND Return to an order of the Honourable the House of Commons, dated 1 March 1838; —for, The number of Fiats issued is taken from 12 March 1838. Secretary of Bankrupts. THE PROPERTY LAWYER. SEPARATE USE. We have very recently brought before our readers, the state of the law relating to (See ante, p. 51.). limitations to the separate use of married and unmarried women. We now add the following case: She Under an indenture of the 28th of February 1794, the plaintiff, Lady Barrymore, (who was the widow of Richard, Earl of Barrymore) was entitled to an annuity of 3007. for life. afterwards married the defendant J. M, Williams; and, by an indenture dated the 29th of May, 1795, after reciting that upon the treaty for the marriage, it had been agreed that the annuity should be assigned to trustees for the separate use of Lady Barrymore in manner aftermentioned; Williams and Lady Barrymore assigned the annuity to trustees, in trust, A RETURN of the number of Commissions during their joint lives, to pay the annuity, as of Bankruptcy and Fiats issued from the same should become due and payable, to 1833 to 1837, both included, distin- such person or persons, and for such intents guishing each year; and also distinguish- and purposes as Lady Barrymore should, by ing how many Town Commissions and any writing signed with her name, in her own Fiats, and how many Country Commis-handwriting, notwithstanding her said coversions and Fiats, were opened in each ture, direct or appoint, but so as not to deprive herself of the benefit thereof by sale or other A RETURN of the number of Fiats in Bank-anticipation; and, for want of such direction ruptcy issued from 11th January 1832 to 11th January 1838, distinguishing each year; and also distinguishing how many Town Fiats, and how many Country Fiats, were issued, and how many were opened in each year. year. Number of Fiats issued. Year ending Country. 765 680 737 Town. 11th Jan. 1833 756 1834 518 724 1408 .. .. .. Total. 1700 1283 1279 1294 or appointment, to pay the same to Lady Barrymore, for her own sole, separate, and peculiar, use and benefit; it being thereby agreed and declared, between and by all the parties thereto, that the annuity should not be subject to the debts, control, interference, or engagements. of J. M. Williams, and that the receipt or receipts of Lady Barrymore, or of any person or persons so to be by her appointed to receive the same as thereinbefore was mentioned, should, notwithstanding her marriage with J. M. Williams, be a sufficient discharge or suf-. ficient discharges to the person or persons By an paying the same or any part thereof. indenture dated the 7th of November, 1812, after reciting the deed of the 28th of February 1794, and that, since the execution of that deed, Lady Barrymore had intermarried 1258 with Williams, and that, by virtue thereof, 1039 Williams was entitled to receive the annuity in as full and ample a manner as Lady Barrymore before her marriage with him could receive the same under the deed of the 28th of February, 1794: Lady Barrymore and Williams, in consideration of 2,2757. paid to them 2 E 2 1939 8702 Total. 1107 19:37 963 1338 6742 436 void, and assignment declared fraudules Atkins, in by Harriette Atkins, assigned the annuity to adapted to the various classes of persons her. The object of the bill was to have that for whose use the book is intended. We cannot say that it will be valuable equally delivered up to be cancelled. her answer, denied that she had any know-to the law as the general student, because ledge or notice of the deed of May 1795, and it does not, and evidently was not meant added that she totally disbelieved, for the to, comprise all the technical information, reasons which she stated, that any such deed which professional persons require. The was executed prior to the execution of the compiler also has deemed it unnecessary deed of November 1812.dt ut? with reference to the main object of his publication, to quote the authorities for the doctrines and explanations which he states. To the legal inquirer, these are of great importance; though the general reader may consider them an incumbrance. The Vice Chanbellor, in the course of his judgment, observed that the plaintiff's evidence did not shew that the deed of May 1795, was in existence prior to the execution of the deed of November 1812, and then proceeded thus: Supposing, however, that the deed of 1795 was executed at the time it bears date, it appears to me to admit of this construction, namely, that in the first instance, it is a grant to such partment of the public service, it is obvious he possesses the best means of communicating proper instruction on the subject, The work appears to be carefully written, and well arranged. person or persons as Lady Barrymore The Executor's Guide. By J. C. Hudson, should, in a given manner appoint, and subject of the Legacy Duty Office, Somerset thereto, to her sole use, generally and, if House. London: Longman & Co., 1838, that be so, then it was competent to her to dispose of the annuity without executing the THIS is a useful little work. An important power in the manner before referred to. The deed does not say "Do and shall pay the part of the duty of an executor consists in same into her own hands, &c.," but, simply, preparing and passing his accounts at the to her, for her own sole use." Then is this Stamp office, and as the author of this different from a limitation to such uses as A." Guide" is officially employed in that deshall, in a certain manner appoint, and subject thereto, to A. generally? In my opinion, this is within the spirit of Cox v. Chamberlain, 4 Ves. 631; which has been supported at law, by Roach v Wadham, 6 East, 289, and Wilde v. Fort, 4 Taunt. 334,For Lady Barrymore had both a limited power of appointment, and the general uncontrolled dominion over the property; and therefore, if we find her conveying the property by the deed of 1812, the grantee will take, notwithstanding the restrictions imposed on the power of disposition. His Honor then commented upon the other parts of the case, and concluded by stating that his opinion, both on the law and the facts was, that no case was made against the defendants, and consequently, that the bill must be dismissed with costs. Barrymore v. Ellis, 8 Sim. 1. NOTICES OF NEW BOOKS. Report of the Proceedings under a Briere of Idiotcy, Duncan v. Yoolow, tried at Coupar Angus, January, 1837, with an Appendix of Documents and an Introduction. By Ludovic Colquhoun, Esq., Advocate. Edinburgh Clark, 1837. This is one of the most interesting cases of "a Brieve" or Inquisition for cognoscing" or ascertaining the state of mind of an alleged idiot. Some of the most eminent medical men in Scotland were examined, and the contradictions in the opinions given, are exceedingly curious. The advocates on both sides displayed great A popular Law Dictionary, familiarly ex-skill, learning, and eloquence; but more plaining the Terms and Forms of English Law, adapted to the comprehension of persons not educated for the Legal Profession, and affording information peculiarly useful to Magistrates, Merchants, Parochial Officers and others. By Thomas Edline Tomlins, Attorney and Solicitor. London: Longman & Co., 1838... WE think that the execution of this work fulfils the design expressed in the title page. The articles are written in a popular style, especially we admire the speech of the Ad vocate for the defender. The remarks upon the evidence are particularly acute on each side. The charge of Mr. Sheriff L'Amy is able, clear, concise, and impartial; and we think the jury could do no other than negative the imputation of natural unsound. ness of mind in the subject of the Inquest.' Mr. Robertson was the Advocate for the pursuer, and Mr. M'Neill for the defender. The Editor of the Report, Mr. Colquhoun, has written an able Introduction on the ge Destruction of Papers by Fire: Liability of Solicitors.- New Bills in Parliament. 437 A PETITION was heard by the Lord Chancellor, on the 30th March, relating to the destruction of the papers in various Chancery suits conducted by Messrs. Blackstock, Bunce, Vincent & Sherwood, who resided at No. 1, Paper Buildings, where the late fire occurred. The petition, which was supported by Mr. Spence, stated that early in the morning of the 6th March, 1838, a fire broke out in the chambers adjoining the offices of the petitioner, Mr. Vincent, one of the firm of Blackstock & Co., in Paper Buildings, and the fire extended to several sets of chambers and offices, and, amongst others, to the offices of the peti tioner. That the whole of the papers in the suits in the Court of Chancery in which the petitioner was engaged as solicitor were entirely consumed by such fire. That the petitioner was concerned as solicitor for parties in upwards of 120 suits, which were described in a schedule; and which suits are now pending, and in the course of the prosecution of such suits the petitioner had expended large sums in the obtaining decrees, orders, and reports, and in filing and taking office copies of reports, and office copies of bills, answers, demurrers, and exceptions. That the petitioner was also concerned in many suits which, at present, consumed was not imputable to Mr. Vincent, he would not be liable at his own expense to procure such copies of the papers consumed as were necessary for the prosecution of the suits, but they must be procured at the expense of his clients. It was the suitors, therefore, only who had any interest in the application, and no order could be made on this petition for their benefit. But his Lordship stated that he would consider whether an order ought not to be made for the benefit not only of the suitors in the suits in which Mr. Vincent is concerned, but also all other suitors who may be placed in similar circumstances. Į Ex parte George Vincent, a Solicitor of the Court. & Co. were accommodated with a room at fire, and on leaving the shelter so promptly NEW BILLS IN PARLIAMENT. he is unable to recollect; but in which he will from time to time, as they are discovered, require copies of proceedings already had. That to enable the petitioner to prosecute the causes for his clients, it will be necessary to obtain fresh copies of the decrees, orders, reports, bills, answers, demurrers, and exceptions, which the petitioner presumed he would have to bear at his own individual expense. Under these circumstances, and inasmuch as the full amount had already been paid for such papers, his Lordship was requested to give the necessary directions to enable the peti-and tioner to obtain copies of such decrees, &c. upon paying the price of the copying thereof 1. Meaning of certain words and expressions. "Manor," 'Lands," "Doubts respecting the Boundaries," "Ascertain the Identity," "Person," Number, Gender. only. The Lord Chancellor refused to make any order on this petition, on the ground that as the accident by which the papers were BOUNDARIES OF MANORS. This is "A Bill to authorize the identifying or ascertaining of the Boundaries of Manors Lands, where such Boundaries are confused or unknown." 66 "Entitled," 2. That from and after the thirty first day 438 endizioni New Bills in Parliament „olionrí of December, 1838, an act passed in the second such referees or referee are or is hereby anand third years of the reign of his late Majesty, thorized and required to administer), and, by intituled, An Act to authorize the identifying the same or any other writing under their or of Lands and other Possessions of certain his hands or hand, to order to be produced Ecclesiastical and Collegiate Corporations," before them or hin all surveys, maps, deeds, shall be and the same is hereby repealed, except books, papers and writings relating to such so far as relates to any matter or thing then lands which shall be in the custody or power previously done under the said act, and except of all or any of the persons entitled to such so far as relates to any matter or thing then lands, or any of them, or of any other person depending under the said act. or persons whomsoever; and such referees or referee, after having to their or his satisfaction investigated and considered the evidence produced before them or him, shall and may make one or more award or awards in writing under their or his hands and seals, or hand and seal, and shall annex thereto a map or maps of such lands; and such award or awards and map or maps shall be made upon vellum; and such referees or referee, by their or his award or awards, shall ascertain the identity of such lands; and the award or awards of such referees or referee shall be binding and conclusive on the persons respectively appointing them or him, and all other persons whomsoever claiming or to claim any estate, right, title or interest whatsoever in or to such lands, or any of them, or any part or parts thereof; and the award or awards of such referees or referee shall be conclusive evidence that at the time of their or his appointment there were doubts respecting the boundaries of such lands. 3. That after the 31st day of December 1838, it shall be lawful for every person beneficially entitled to lands, of which there shall be any "doubts respecting the boundaries," by deed to appoint a referee, in order to "ascertain the identity of all or of such of the said lands as shall be mentioned or referred to in such deed; and every such deed shall be sealed and delivered in the presence of and shall be attested by two or more witnesses: Provided nevertheless, that where two or more persons shall be entitled, either as co-parceners, joint tenants or tenants in common, to any lands, such persons shall not be enabled in respect of such lands to appoint in any one case more than one referee: Provided further, nevertheless, that any thing herein contained shall not be deemed or taken to prevent the appointment of a sole referee. 4. That every referee appointed for the purposes of this act shall be a barrister at law, who shall at the time of his appointment be of at least ten years' standing at the bar. 5. Cases in which consents shall or shall not be necessary to the appointment of referees. 6. Persons, for the purposes of this act, to be considered entitled to manors or lands, notwithstanding the same, or the estates of such persons therein, shall be charged or incumbered. 8. Summonses and orders of referees under this act to be of the same force as those by the Judges of the Courts of Record. 9. Power to persons to appoint new referees in the place of those dying or resigning. 900 10. Power to referees, in case of their disagreement, to appoint umpires 11. Appointments of referees and umpires and awards, to be binding, notwithstanding deaths of parties, or the cesser, or alienation of their estates. 12. Guardians of infants, and committees of lunatics, to be substituted in the place of such infants and lunatics, for the purposes of this act. 13. Femes Covert to concur in the appointment of referees by their husbands, who shall be entitled in right of their wives. 14. Appointment of referees to ascertain the identity of manors, and the awards of such referees, &c., to be entered on the court rolls in certain cases. 7. That in each and every case in which a referee shall be appointed pursuant to this act, in order to ascertain the identity of any Isnds, and in which a referee shall be appointed pursuant to this act, in order to ascertain the identity of any other lands, and there shall be any doubts respecting the boundaries between the lands, to ascertain the identity of which such referees shall be so appointed, it shall be lawful for the referees (if more than one), or for the referee, in the case of a sole referee, and they or he are or is hereby required, in the first place, to inquire whether there are any doubts respecting the boundaries between the lands to ascertain the identity of which they or he shall be so appointed, and if they or he shall be satisfied that there are any 16. Consents of persons requisite to the apdoubts respecting the boundaries of such lands,pointment of referees to be given by the deed then it shall be lawful for such referees or by which such appointment shall be made. referee, and they or he are or is hereby required to make or cause to be made a survey, map and admeasurement of all such lands, or of such of them as they shall think requisite; and it shall be lawful for such referees or referee, by writing under their or his hands or hand, to summon persons to appear as witnesses before such referees or referee, and to examine such persons on oath (which oath 15. Appointments of referees to ascertain the identity of lands held of any manor, and the awards of such referees to be entered on the court rolls. A 17. Consents by the homage, where requisite to the appointment of referees, shall be entered on the court rolls. 18. Powers of this act extended to collegiate corporations, and to trustees for charitable and other public purposes, and also to trustees, mortgagees, and other persons empowered to sell. 19. Appointments of referees by Arch Practice of Retainers,→ Disputed Decisions. 19 Sir, 439 of business. b If Sir James Scarlett's opinion he cofrect, how is the practice to operate? Are we altogether to forego general retainers? or are we to give a counsel, whom we wish to secure, a general retainer in each Court; that is to say, three general retainers instead of one; or, in other words, fifteen guineas instead of five? One of these two courses must be the consequence: for, according to Sir James's "constant practice," a simple general retainer is no longer of any use and it is surely better to forego general retainers altogether, than to tolerate so oppressive an alternative. In the case inserted in the last Legal Observer as to Retainers to Counsel, the question put, very properly and pointedly, is,-whether I know full well that there are many barrisa King's Counsel, usually practising in the ters, who would indignantly resist every reguCourt of King's Bench, is justified" in ac-lation that would appear to force them to act cepting a special retainer in the Court of Ex-contrary to the strictest honor; and that there thequer, against a party for whom he has a are others, who diffidently follow that which vigeneral retainer, and with whom he has ad- they are told is the practice, though they vised, without giving notice to such party; highly disapprove of it; both these classes The opinion given by Sir James Scarlett, I would therefore gladly unite with our branch observe, cautiously avoids answering the ques- of the profession in putting the system of retion affirmatively, but merely says that "it has tainers on a more equitable footing. been the constant practice to accept such retainers in other courts, and upon other circuits.?? Iknow not whether I must take it for granted that such has been the constant practice; for, had it not been for Sir James Scarlett's name, I should have doubted the fact. But I presume I may take it for granted, from the tenor of his opinion, that a counsel, under the circumstances stated, is justified only because it is the constant practice; for I suppose no one will venture to say that he is justified on any other ground. The real question then is whether, if such be the practice, it is not time it should be discontinued. 1, for one, strongly object to the Court of Appeal, in which all cases of retainer are decided. The questions are generally raised by the clerks of counsel, and the decision is made by the counsel themselves, who surely are parties too much interested in the result to be impartial judges of the rules of decision. The laws, however, ought to be simple, fixed, and certain ;+not as they now too often are,absurd, varying and doubtful. ONE, &c. DISPUTED DECISION ON ANNUITY Sir, By the 58 Geo. 3, c. 141, it is provided, that all annuities shall be inrolled, with certain exceptions ennumerated in the 10th section of the act. grib The object of a special retainer is to secure the services of a particular counsel in a certain cause in a certain court. The object of a general retainer is to secure the services of a particular counsel in all causes and in all courts I HAVE been a constant subscriber to your in which such counsel pleads. It is limited to valuable work from its commencement, and I no particular court, nor is any mentioned (as have not hitherto intruded on your columns. in the case of a special retainer) in the retain-Perhaps, therefore, you will now allow me a ing ticket-but it is understood that the coun- small space in them. sel is not compelled by such retainer to go out of the court in which he ordinarily practises. If he practises therefore (as in the case before us) in the King's Bench, I cannot by this retainer insist on his going into either of the two other common law courts, although the proi, ceedings in all are precisely similar. But surely my not being able to compel him to go there for me, is no reason why he should permit himself to be taken there against me, without giving me the opportunity of taking him there myself, if I think fit so to do. If he consents to go into any other court, then that court becomes a court in which he pleads; and consequently I have a right to his services there; otherwise I am defrauded of that for which I have contracted and paid, There is scarcely a leading counsel in the present day who will not take briefs in each of the three Common Law Courts,-some of them only specially, but many in the ordinary course, By a deed, made since that act, a person, entitled to receive from trustees, (in whom the fee of an estate was vested), the rents and profits for life, in consideration of 100%. then due or admitted to be due to the grantee, for expenditure in the maintenance of the grantor's children, and for the grantee's liability in respect of their future maintenance, granted an annuity of a specific sum out of the said rents and profits, to cease as to part when the children should cease to be under the care and expense of the grantee, but, as to the remainder, to continue during the grantor's life, to enable the grantee to keep up any insurance on the grantor's life for the grantee's said expenditure, or "on any account whatsoever." Having carefully looked at the cases ex |