appropriate the fund, the creditor may sue the direction through what channel it was to be agent. The case cited, approaching the nearest transmitted. The money was therefore mixed in fact to the case under discussion, was that with Dalby's general funds, and he sent the of Moody and another, assignees v. Spencer. defendants his own cheque. On the short In that case, the defendant, who was the town ground, therefore, that the facts showed the agent of Mr. Baldwin, a country attorney, re- plaintiff employed Dalby, and Dalby, and not ceived a sum of money due to the bankrupt of the plaintiff, employed the defendants, the whom the plaintiffs were assignees, from a per- court was of opinion that no privity was esson named Wilson, who had been sued by tablished as between the plaintiff and defenBaldwin as the attorney for the bankrupt, and dants, and that the action could not be susthe court decided, that the defendant had no tained. The rule to enter a nonsuit was, for lien for the general balance due to him from this reason, made absolute.

Baldwin on the money coming into his hands

in the cause. On behalf of the defendants it

BE SUPPORTED.

was argued, that the knowledge the money sent ACTION FOR MAINTENANCE, WHEN IT MAY by Dalby belonged to the plaintiff, made no difference, as respected the general principle The action for maintenance does not seem applicable to this case, that an agent was much in accordance with the spirit of modern exclusively liable to the party employing times, although it has been successful in a few him. To elucidate this principle, the recent recent instances. A pauper plaintiff may procase of Heath and another v. Chilton, in the secute an action without payment of fees, and Court of Exchequer, was referred to. In that if he be nonsuited or a verdict pass against case, the defendant received certain rents, under him, the defendant cannot recover costs. It is a written authority from two out of three exe- also a settled rule, that the court will not stay cutors, and gave a receipt in the name of the proceedings in any case on the ground of the two, with the knowledge that the rents belonged plaintiff's" poverty. Moreover, if B. sues A. to the executors, and it was holden that three without reasonable or probable cause, A.thereby executors could not sue jointly for the money obtains no right of action against B.; but if a received, unless it appeared that the two exe- third party instigates and stirs up B. to sue A., cutors had contracted with the defendant for or upholds and maintains an action brought by themselves and their co-executor also. It was B. against A., such third party becomes liable also suggested, as a mode of testing the liability to A. This state of the law appears, at least with which it was sought to fix the defendants, upon a superficial view, to be somewhat anothat if they had become bankrupts, Dalby's malous, and renders every fresh decision liability to Cobb would not have been dis- which bears upon the subject to a certain decharged, as a payment to an agent would not gree important. have been a good payment as against Cobb.

Lord Coke defines the offence on which this In the course of the argument, Pattison, J., action is founded in these words:-" Mainput the point interrogatively-" If money were tenance, manutenentia, is derived of the verb sent to a banker to pay A., could A. sue the manutenere, and signifieth in law a taking in banker?” And the plaintiff's counsel answer- hand, bearing up or upholding of quarrels and ing, that the banker might be sued if he under- sides, to the disturbance or hindrance of comtook to pay; Pattison, J., observed, "it is a mon right." This definition appears to comvery wide proposition to lay down, where money prehend two descriptions of maintenance, the is paid to bankers in the country, and their upholding of suits already commenced, and town agents receive the money and promise to procuring or instigating the commencement of pay it, that it becomes money had and received a suit, without reasonable or probable cause. by the bankers to the use of the party to whom it is directed to be paid."

It appears from a late decision, that no action can be maintained for instigating a suit, unless the declaration expressly avers the absence of reasonable and probable cause.

Lord Denman, in delivering the judgment of the court on a subsequent day, distinguished the case of Moody and another v. Spencer, as The action last referred to, was brought in the town agent there, had received the money case, for procuring, instigating, and stirring up, in the course of the suit from the opposite party, one John Thomas, to commence and prosecute for the client and not for the country attorney, an action of trespass against the plaintiff, and the court accordingly treated it as money wherein certain issues were joined as to which received for the use of the client. So in the the plaintiff was acquitted, but had to pay a case under consideration, if Cobb had trans- large sum in and about his defence. The mitted the money direct to the defendants, or Court of Queen's Bench held, that a declaration desired Dalby to transmit it to them specifically, setting forth these facts did not disclose a and they had received it as from Cobb, and not

as from Dalby, they would undoubtedly have e See Pechell v. Watson, 8 Mees & W. 691, become Cobb's agents and accountable to him where the plaintiff obtained and retained a verfor the appropriation, but it appeared that Cobb dict for 4671.8s.

paid the money to Dalby for the purpose of 1 Gregory v. Claridge, 2 Cr. & M. 336; 4 Tyr. paying the debt and costs, without any specific 235; 2 Dowl. 259, S. C.

c 2 Dowl. & Ry. 6. d 12 Mees. & W. 632.

Co. Lit. 368 b.

h Flight v. Leman, 4 Q. B. 883.

WAGER NOT ENFORCED AT LAW WHEN THE and inspectors.

EVENT IS WITHIN THE CONTROL OF ONE
OF THE PARTIES.

THE certificate of the examiners and the character of the examination, as to the fitness and capability of candidates for admission as attorneys, lately came incidentally under the consideration of the Court of Queen's Bench, under circumstances of an unusual nature, which we cordially concur with Lord Denman, it is to be regretted should have occupied the

time of the court."

"The provisions of the bill are general, and should only be applied to charities whose general features are similar.

"It will be found that the Royal Hospitals are institutions of a totally different nature from the large mass of charitable institutions throughout the country.

also donors and contributors to the funds of the institutions, and who devote their time and attention without remuneration, and solely from motives of charity.

"Inasmuch as these individuals acquire no personal gain by their exertions in their management, they have no reason to submit to interference; and a long connexion with these hospitals, and participation in their government, oftentimes creates which manifests itself in large donations and a strong interest, still larger legacies.

"Many charities consist of an administration of funds provided by the munificence of longdeceased benefactors, all connexion and interest having ceased between the donor and the individuals who have to administer such trusts. The plaintiff declared in assumpsit, upon a "The distinctive feature of the Royal Hoswager with defendant, to the effect that if de-pitals is, that the entire management of each of fendant, who was about to submit to the usual them respectively is confided to the governors examination, did not pass such examination, of an existing corporation, who are themselves the plaintiff should provide eight bottles of wine, to be consumed by the parties and their respective friends; whilst on the other hand, the defendant promised, that if he did pass his examination he should provide eight bottles of wine, &c. The declaration went on to aver, that the examination took place in Hil. Term 1842, and that the defendant had passed, but had neglected to provide the eight bottles of wine, &c., which was the breach complained of. To this declaration there was a demurrer, on the ground, that the contract as declared upon was illegal and contrary to public policy; and it was contended in argument, that the wager was analogous to those which relate to the event of proceedings in a court of law. The case of Evans v. Jones," was cited, where a wager as to "A distinction should therefore be made the conviction or acquittal on a criminal charge, between the foundations, in which the active was held to be illegal and contrary to public charity has long ceased to exist, and the due policy. On the other side, it was contended, administration of its funds is alone to be kept that Evans v. Jones was inapplicable, as the in view, and those foundations in which chariresult of an attorney's examination had no table energy is still alive, supporting the analogy to the event of a trial. The court, institution with its exertions, and maintaining however, decided the point upon a totally dif-it with its funds. ferent ground from that suggested in argument; "A government control may perpetuate the namely, that one of the parties had the event benefits of the former, whilst a foreign interin his own hands, which rendered it impossible ference, however slight, with the latter, is to maintain an action on the contract. On likely to peril its existence. this short ground, judgment was given for the defendant.

a Fisher v. Waltham, 4 Q. B. 889.

b 5 Mees. & W. 77. In that case, Maule, B., said, it was now too late to hold, that no wager could be enforced in a court of law, but in his opinion it would have been better, if they had originally been left to the Jockey Club.

"The entire loss of such legacies and donations in future is to be expected under a new system, the direct tendency of which is to annihilate such interest.

With regard to the revenues of the Royal Hospitals, permanent regulations exist, which have been made with the greatest care and caution as to the mode of keeping and auditing the accounts, and for controlling the expenditure; and such accounts are submitted to the entire body of governors, independently of being accessible to every individual governor, and are periodically printed and sent to each

governor.

New Bills in Parliament.

“ In the proposed substitution, therefore, of salaried services for voluntary exertions, and the supervision of government commissioners and inspectors for the control of charitable institutions of the nature of the Royal Hospitals, no benefit can be attained, but on the contrary, considerable injury will be inflicted. "The present constitution and government of the Royal Hospitals was settled and established by act of parliament, 22 Geo. 3, c. 77.

"The present bill, without affecting to repeal that act, will practically destroy its operation. "It is therefore submitted, that it is inexpedient, and contrary to all usage, by a general measure adapted and addressed to charitable trusts in the mass, to deal with these Royal Hospitals, whose magnitude, on the one hard, and peculiar nature and character, on the other, have on a former occasion made them the subjects of consideration with the legislature, and whose present constitution is the result of separate enactment.

To make such a charge, without due examination and consideration, would, it is conceived, be unjust towards these institutions, and to enter into such examination on the present measure would be inconsistent with the general nature of the bill.

"It is most respectfully submitted that the Royal Hospitals do not come within the general class of charitable trusts, and therefore, and for the other reasons above stated, ought to be excepted from a general measure like the pre

sent.

"Considerations of this nature, it is presumed, have led to the exemption of the several foundations named in the forty-sixth clause, and they apply with equal force to the Royal Hospitals.

66

Finally, it is proper to state that the governing bodies of these hospitals consist of gentlemen whose fortunes enable them to devote much of their time and attention to the interests of these institutions, and which they do solely from charitable motives. They would repudiate the supervision of public commissioners and inspectors, and the being subject to such powers and penalties as are contained in the bill; and if these hospitals are not exempted from the provisions of the bill, it is believed that governors will in future be deterred from taking upon themselves any office in the institutions, and indifference will take the place of that interest and pride which they have hitherto manifested, and the Royal Hospitals will thereby suffer irreparable loss and injury."

NEW BILLS IN PARLIAMENT.

REAL PROPERTY DEEDS REGISTRATION.

113

subordinate officers.
4. The Lords of the Treasury to appoint

of the several officers.
5. And to make regulations as to the duties

general and assistant registrar. Oath to be
6. Qualifications for the office of registrar-
registrar.
taken by a registrar-general and an assistant

7. Power to remove officers.

give security for the due performance of their
8. The registrar-general and other officers to
duties.

districts for the purposes of this act.
9. England and Wales to be divided into

1845, or in the case of wills where the testator
10. Assurances executed after 31st December
shall die after 31st December 1845, may be
registered by depositing an original, and mak-
ing the proper entries. The documents de-
posited to be made up in books or parcels, and
numbered.

indexed according to the regulations follow11. All assurances (except wills, &c.) to be ing :

1. An index to be called "The General Index," to be kept for each district; and assurances affecting lands within such district, to be indexed in the general index, under heads designated by numbers. 2. Where the grantor does not derive title under any registered assurance, the assurance is to be indexed under a new head. 3. Where the grantor does derive title under a registered assurance, the assurance is to be indexed under the same head as the assurance under which the title is derived. 4. Power enabling lands previously held under different titles to be brought together on the index; and enabling lands previously indexed under the same head to be separated on the index.

5. No assurance to be indexed under more
than one head.

6. An alphabetical index, to be called "The
Index to the Roots of Titles," to be kept
for each district; and where the grantor
does not derive title under any registered
assurance, an entry of the grantor'
to be made in such index, with a reference
to the head under which the assurance is
indexed.

name

7. Particulars to be expressed on entering

an assurance.

8. The grantor of an equity of redemption is not to be considered as deriving his title under the mortgage deed.

12. Decrees in equity creating, transferring, or determining interests in land, and also decrees in equity by which any such decree shall be varied or reversed, are to be considered

assurances.

13. Every private act of parliament affecting | lands to be an assurance.

1. A general register office to be established. 2. The Lords of the Treasury to provide | vested upon the payment of money, &c. a me14. Where by a public act any lands are proper buildings. morandum of the payment or other act may be

3. Her Majesty may appoint a registrar and registered. assistant registrars.

15. Equitable mortgages by deposit of deeds

pendency of the suit, unless the assurance shall made to the register office through the post be registered before the decree.

84. Provision as to costs, if judgment be given for the defendant, or the plaintiff dis67. Provision as to the costs where a counter continue or become nonsuit. notice is given.