Property Lawyer, No. XIX.

(p. 509) as to the removal of officers and clerks; and §§ 42, 43, 44, and 48 (pp. 4 & 5, antè), as to buildings, Suitors' Fund, &c. are omitted.

THE PROPERTY LAWYER.
No. XIX.

STATUTE OF FRAUDS.

ment between landlord and tenant to enlarge the premises demised and to pay an additional sum during the term, as so much per cent. on the sum, did not come within it, but was to be considered as a mere collateral agreement. Hoby v. Roebuck, 7 Taunt. 157; 2 Marsh. 433. In the following case the circumstances were these:

213

terest is the same as before; it is only that there are bricks and other materials removed from the house, and some others substituted in their room. Then is there any additional interest in the land given to the landlord? It is said to be a purchase of a rent of 51. a year for the sum of 501., and therefore an interest in or concerning the land; but though it be called a rent in the present contract, and also a rent in the declaration, yet we are of opinion that it is not rent in the legal sense and understanding of the word rent; and that the word is not to be understood, in its legal sense, either in one or the other. It could not be distrained for, for there is no lease which embraces it; the lease is for 501 a year, and there By the Statute of Frauds, 29 Car. 2. c. 3. s. 4, is no lease for 551. If there be a power of reit is enacted that no action shall be brought entry for non-payment of the rent, as is proupon any contract or sale of lands, or any enforcing it in respect of the additional 57. bably the case, there could be no ground for interest in them that is not to be performed The assignee of the term could not be charged within one year from the making thereof, un- with the increased rent; the assignee of the reversion could not claim it, because it is not less the agreement shall be in writing and annexed to the reversion: if the lessor should signed by the party to be charged. And it die, the rent of 50l. would go to his heir or has been held under this section, that an agree-devisee; but the right to this additional 57. would go to his executor. being a mere matter of personal contract, The only way in which it could be taken to be rent would be, that this contract creates a new demise at an increased rent, and that therefore, by operation of law, the old lease is surrendered by such new demise; but it could never be supposed to be in the contemplation either of the landlord or the tenant, that the old lease should be at an end, and that instead of it a new lease should be created, which being by parol, could only have the effect of a lease at will; and The defendant was tenant to the plaintiff of it is quite improbable that such could be the a house and bakehouse under a lease for twenty intention of either party: we think that though years, commencing from the 7th of June, the word rent has been used, it is too much to 1822, at the yearly rent of 50%., payable at the treat it as rent in the technical strict meaning usual quarter days. The defendant being de- of the term, and that all the parties meant was, sirous of some improvements in the house, pro- a personal contract to pay an additional 57. a posed to the plaintiff in August or Sept., 1827, year, and we think that this case is to be goto lay out 50%. on such alterations which the verned by Hoby v. Roebuck; for though the plaintiff consented to do; and the defendant agreement, there was to pay ten per cent. upon thereupon undertook to pay him an increased the money laid out, and it was not called rent, rent of 51. a year during the remainder of the yet that was in truth the same thing, and it term, to commence from the quarter preceding only amounted to a collateral contract. As to the completion of the work. A memorandum the contract not being to be performed within in writing was prepared to that effect; but the a year, we think that as the contract was endefendant, for some reason, refused to sign it. tirely executed on one side within a year; and The alterations were completed in November, as it was the intention of the parties, founded 1827, at an expense of 551.; and the defend- on a reasonable expectation, that it should be ant, after Christmas, 1827, paid the increased so, the Statute of Frauds does not extend to rent for the first quarter, but afterwards re- such a case. In case of a parol sale of goods, fused to pay any more than the original rent it often happens that they are not to be paid of 50%. The present action was brought for for in full till after the expiration of a longer the increased rent, and the plaintiff was non-period of time than a year; and surely the law suited by Alderson, J.; but the Court of would not sanction a defence on that ground; King's Bench granted a new trial. when a buyer had had the full benefit of the goods on his part.

Littledale, J. delivered the judgment. We are of opinion that the case does not fall within the Statute of Frauds. The most favorable words for the defendant are, that it is a contract for an "interest in or concerning land." But no additional interest in the land is given to the defendant by this contract, for his in

Donellan v. Read, 3 B. & Ad. 899. And see also Boydell v. Drummond. 11 East. 142; Smith v. Westall, 1 Ld. Raym. 316; Brangirdle v. Heald, 1 B. & A. 722; Fenton v. Emblen, 3 Bur. 1278.

Standing Orders of both Houses of Parliament.

3. Previous to the Bill being carried to the Lords, application to be made to the reputed owners and occupiers of the lands in which Notices, specifying the object of the applithe work is to be executed, shewing them at cation to Parliament, and if it be intended to the same time a map of the work; and lists to apply for an increase or alteration of any exbe made of such owners and occupiers, distin-isting tolls or duties, stating the intention of guishing the assents, dissents, and neuters.

Renewal of the Bank Charter.-Usages of the Profession.

215

ters patent, a copy of such letters patent to be | Governor and Company are not to become annexed to the bill. liable or be required to pay and satisfy, at any Branch Bank of the said Governor and Company, any note or notes of the said Governor or Company, not made specially payable at such Branch Bank; but the said Governor and Company shall be liable to pay and satisfy at the Bank of England, in London, all notes of the said Governor and Company, or of any branch thereof.

3. No bill for extending letters patent to pass the Lords, unless it shall appear that the letters patent, the term of which it is intended by such bill to extend, will expire within two years from the commencement of the session in which the application for such bill shall be made.

4. The application to be made by the person, or by the representatives of the person, who himself originally discovered the invention; and proof to be given that the knowledge of such invention was not acquired by such person by purchase, or otherwise, from the inventor or owner, of the same, or by information that such invention was known and pursued in any foreign country.

VIII.-Respecting Canal, Railway, and other
Companies already constituted by Act of
Parliament.

The draft of a proposed bill to empower such company to execute any work other than that for which it was originally established, must be submitted to a meeting of the proprietors called by advertisement inserted for four consecutive weeks in the newspapers of the counties in which the new works are proposed to be executed, such meeting to be held not earlier than seven days after the last insertion of such advertisement: and the, draft of such bill must be approved of by at least three-fifths of such proprietors.

It may be material to lay before our readers the following clauses from the Bank of England Bill, by the former of which bank notes above 51. are to be a legal tender, except at the Bank of England and Branch Banks; and by the latter, bills of exchange and notes not having more than three months to run, are not subject to the Usury Laws.

6. That no bill of exchange or promissory note made payable at or within three months after the date thereof, or not having more than three months to run, shall, by reason of any interest taken thereon or secured thereby, be void under any statute or law in force for the prevention of usury, or subject any person or persons drawing, accepting, indorsing or signing any such bill or note, or lending or advancing any money, or taking more than legal interest for the loan of money, on any such bill or note to any penalties under any statute or law relating to usury, or any other penalty or forfeiture; any thing in any law or statute relating to usury to the contrary notwith

standing.

USAGES

IN CONVEYANCING AND OTHER
PROFESSIONAL BUSINESS.

HAVING observed that the Incorporated Law Society intend to collect "the Usages of the Profession in regard to the Practice of Conveyancing, and other professional business not transacted in the Courts, as are in any way doubtful among Practitioners," we deem it useful to afford an opportunity of collecting and making known the usages in question.

of

It will be recollected that in conveyancing and other matters, not proceeding from any the Courts of Law or Equity, the Judges do not interfere with the practice of the profession, and that the rules of such practice necessarily depend on the generally received opinions of conveyancers and solicitors of experience. The proposal of the Law Society seems well calculated to prevent future disputes among practitioners, and to benefit their clients, by removing the occasions of expense and delay.

5. That from and after the First day of August One thousand eight hundred and Thirtyfour, a tender of a note or notes of the Governor and Company of the Bank of England, expressed to be payable to bearer on demand, shall be a legal tender, to the amount expressed in such note or notes, and shall be taken to be valid as a tender to such amount for all sums above Five Pounds, in all Courts, and in all places in which any tender of money may be legally made: Provided always, that no such note or notes shall be deemed a legal tender of payment by the Governor and Company of the Bank of England, or any Branch Bank of the said Governor and Company; but the said the sanction of the Society.

We subjoin a few points which have been stated to us as illustrating the object in view. They are at present given on individual authority only, but we shall have an opportunity hereafter of ascertaining whether they receive

216

Usages of the Profession.-Law Association for the Benefit of Widows, &c.

Preparing Leases.

The solicitor of the landlord is entitled to prepare the lease and counterpart; and where there is no agreement to the contrary, the whole expense must be defrayed by the tenant.

Preparing Marriage Settlements.

The solicitor of the intended wife is entitled to prepare the deed of settlement.

Leases granted under the settlement, are to be prepared by the solicitor of the husband.

Place of Paying Consideration Money. On mortgages, the solicitor for the party lending the money is entitled to appoint his own office as the place for paying the consideration of the mortgage; and also for receiving it, on the discharge of the mortgage.

On purchases, the solicitor of the vendor is entitled to appoint his own office as the place for receiving the consideration money, and completing the purchase.

We shall be glad to receive any remarks on these points, and the communication of any other "usages " which are either already sufficiently established and acquiesced in, or which require to be considered and settled.

which they entertain; and they cannot but express a hope that succeeding accounts may furnish similar instances of generosity.

The Sub-Committee appointed in the year 1831, to consider a general revision of the laws, have, by their Report made in January last, expressed an opinion that the Rules, as they at present stand, had better not be disturbed, but that any alterations or additions which the lapse of time or circumstances may render requisite, may be more conveniently accomplished by additions to the present byelaws, which it is proposed should be analytically arranged, and printed at the end of the Laws and Regulations as they now stand.

On consideration of the 55th and 56th rules, which were particularly referred to them, the Sub-Committee recommended the following bye-laws, viz.

1st. As to the 55th rule,

"That no professional man, in respect of whom, or of whose family, relief shall be applied for under the provisions of the 55th rule, shall be considered a fit object for the bounty of the Association, unless he shall have the Association, as defined by the first regupractised for three years within the limits of lation."

And, 2ndly. As to the 56th rule,

That no widow or family of any professional man, not being a Member of the Association, but dying under circumstances of insolvency or embarrassment, shall be considered as coming within the scope of the 56th rule, LAW ASSOCIATION FOR THE BEunless such professional man shall have been NEFIT OF WIDOWS AND FAMI-sociation within three years next preceding the in actual practice within the limits of the AsLIES OF PROFESSIONAL MEN.

REPORT OF THE DIRECTORS.

Friday, 10th of May, 1833.

time of his death, and further, that the ap-plication shall be made within three years of his death."

The Sub-Committee further reported, that they had considered the propriety of extending the provisions of the 55th and 56th rules to the grant of an occasional sum for the casual relief of professional men not being Members of the Association: but they were of opinion that such an extension of those rules would be a direct violation of the fundamental principles of the Association.

IN presenting the Sixteenth Annual Report, the Directors have great satisfaction in announcing to the Annual General Court the continued prosperity of the affairs of the Association. During the past year they have been enabled to make a further purchase of 4007. stock, by which the capital fund of the Upon the last point referred to them, and Association has been increased to the sum of which was particularly alluded to in the Report 17,000/. 3 per cent. The total income of the of last year, as a proposition submitted by Mr. past year has been rather less than that of the Spence, namely," the expediency of engraftpreceding; but the receipts of the latter yearing upon the existing objects of the Association were augmented by donations from Lord Tenterden, the Vice-Chancellor, and Mr. Justice Bosanquet, while the present account does not, unfortunately, afford a benefaction of that description.

the proposal to set apart a portion of the funds for the purpose of establishing an Asylum for the reception of Orphan Children of deceased Members," the Sub-Committee bestowed much consideration; but as it appeared to be The Directors, however, cannot forbear to one of great importance, and to involve a allude to an instance of liberality in one of the general principle, which ought properly to Members of the Association which occurred be considered by the Members at large, the shortly after the last Annual Meeting; they Directors have preferred leaving it in their refer to the sum of twenty-one pounds, pre-hands. sented by Mr. John Shepherd, of Bartlett's

In this Report, of which the above short Buildings, in addition to his life subscription.outline has thus been given, the Directors enIn recording such a substantial act of bene- tirely concur. With regard to the bye-laws ficence, it is scarcely necessary for the Direc-suggested, the Directors beg to submit them tors to declare the sentiments of gratitude for the confirmation of the General Court, in

Law Association for the Benefit of Widows, &c.-New Bills in Parliament.

the full conviction that they will prove highly useful to the charity.

As to the establishment of an Orphan-Asylum, the Directors consider it a subject of importance, but they are of opinion that if such an object is to be entertained, it must form the subject of a separate subscription.

During the past year the Directors have distributed the whole of the sum of 2001. voted them at the last Annual Meeting, for the benefit of the families of deceased professional men not having been Members of the Association, while in former years the average amount appropriated to the relief of this class of claimants has been only 1677.; in all these cases the sums granted, varying from five to thirty pounds, were essentially serviceable and most gratefully received.

In one instance, the widow of a respectable

217

graced as it is with the protection of several of
the highest members of the law, the Directors
will still rely on that never-failing generosity
by which the profession is distinguished on afl
well-founded appeals to their benevolence; and
they cannot but entertain the strongest hopes
that the Society will, under the blessing of
Divine Providence, continue to flourish, and
will ever be able and ready to dispense the balm
of its solace and protection to the needy and
friendless.
JOSEPH KAYE, Chairman.

NEW BILLS IN PARLIAMENT.

NOTARIES PUBLIC.

attorney (not a Member of the Association), ANALYSIS OF A BILL (AS AMENDED BY THE

was enabled by means of the sum of twenty pounds granted her by the Board, to purchase a business, by which she has since earned for herself and niece a comfortable subsistence.

In another case, in which the Board had some years ago apprenticed the son of a respectable deceased solicitor (not a Member), to a trade of his own choice, they have, during the last year, supplied him with the tools and implements necessary for carrying on business on his own account.

Since 1824, in which year relief was first granted, nine legitimate cases have occurred; in six of these cases annual payments continue to be made.

There have been during the same period forty-two applications on behalf of families of non-Members, and these have received occasional grants of small sums in one hundred and forty-two instances, twenty-one of which have occurred during the past year. The total sum expended in relieving this description of applicants amounts to 15391.

The Directors cannot but regret the apparent want of exertion among the Members of this Institution with the object of obtaining additions to their number, as it seems that only sixteen new Members have been nominated since the last Annual Meeting. This is the more to be regretted, because, on the other hand, the Association has in the same period, from deaths and other causes, suffered a considerable diminution of Members.

It cannot be supposed, that because hitherto the funds have been more than adequate to the claims on the Society, at a future, and probably no very distant period, more frequent and urgent calls on its resources may not

occur.

COMMITTEE) TO ALTER AND AMEND AN ACT
OF THE FORTY-FIRST YEAR OF HIS MAJESTY
KING GEORGE THE THIRD, FOR THE BETTER
REGULATION OF PUBLIC NOTARIES IN ENG-

LAND.

[The words printed in Italics are amendments inserted by the Committee.]

RECITING that by 41 Geo. 3, intituled "An Act for the better Regulation of Public Notaries in England," it is enacted, that after the first day of August, one thousand eight hundred and one, no person shall be sworn, admitted, and inrolled as a public notary unless such person shall have been bound by contract in writing or by indenture of apprenticeship to serve as a clerk or apprentice for the term of not less than seven years to a public notary, or a person using the art and mystery of a scrivener (according to the privilege and custom of the city of London, such scrivener being also a public notary) duly sworn, admitted and inrolled, and shall have continued in such service for the said term of seven years; and certain other enactments are contained in the said act, regulating the admission and practice of notaries public:

And that the provisions of the said act are in their operation found to be extremely inconvenient in places distant from the city of London:

Be it therefore enacted, that from and after the passing of this act, so much of the said recited act as requires that persons to be admitted notaries public shall have served a clerkship, or apprenticeship for seven years, shall be limited and confined to the city of London and liberties of Westminster, the borough of Southwark, and the circuit of twenty miles of the said city.

To provide for that period, and to enable the Directors, in the mean time, to bestow the benefits of the Charity with a more liberal That from and after the passing of this aet, hand, the Board appeal with confidence to the it shall and may be lawful for the Master of the humane and respectable among the profession, Court of Faculties of his Grace the Lord Archand earnestly entreat those who are not yet bishop of Canterbury, in London, from time to contributors to the Society to join in this ex-time, at his discretion, to admit and cause to cellent work of charity.

Looking to the high auspices under which this Society has flourished for sixteen years,

be sworn and inrolled in the said Court of Faculties as notary, any person or persons not resident in the city of London, the liberties of