The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-01-19 00:00:00

Legal.

COURT OF PROBATE, Jew. 12.

By 11 o'clock this morning, the hour fixed for the
commencement of the business of this Court, there was
a very numerous attendance of the bar of Doctor's-oorn-
mons as well as of Westminster-hall. Among the learned
gentlemen who occupied seats within the bar were the
Queen's Advocate, Mr. Atherton' Mr. Edward James,
Mr. Skinner, Mr. Warren, and Mr. Manisty. Dr.
Jenner, Dr. Deane, Dr. Simi:lke, and Dr. Waddilove
were among the civilians. Sir Cresswell Cresswell
entered the Court accompanied by two of the Registrars,
one of whom, Dr. Bayford, read the Royal Letters
Patent appointing him Judge of the Court of Probate.
At the conclusion of this ceremony,
The Queen's Advocate addressed the learned Judge as
follows :—My Lord—ln the name and on behalf of the
bar, whose organ I am, and whose numerous attendance
testifies its concurrence in the observations I am about
to offer, I beg to tender you our most sincere and
hearty congratulations upon your assumption of the
office of Judge of the Court of Probate and of the Court
for Divorce and Matrimonial Ca 118613. Believe me, my
Lord, we esteem ourselves most fortunate in finding our-
selves under the guidance of • judge of such long experi-
ence and of such distinguished ability as your Lordship,
and of one who is still in the full vigour of his mental
and physical powers. For that particular branch of the
profession to which I have the honour to belong, I can
sincerely say that, although we look back to the past
' with some emotions of natural regret and of honest
pride, we look forward to the future with hope and con-
fidence. Removed, as we have been, somewhat unex-
pectedly (not, as we are well aware, by your Lordship's
desire) from our ancient habitation, we still find our-
selves at home under the shadow of that ancient ball
which has so long been dedicated to English law and
justice; and I trust we may say with the fugitives of
old, "Non crime rogue intlecoref." We are deeply
conscious that in a new court, with • new procedure, we
have much to leans, but we trust we have also some-
thing to impart. We shall gladly welcome our friends
who belong to the other branches of the profession, and
we have no doubt that we shall be received by them
with courteous hospitality when in the exercise of the
extended rights which have been conferred upon us, we
practise in their ootuts. I trust we shall all work cor-
dially and harmoniously together for the purpose of
carrying to • successful issue the great experiment in
jurisprudence which has wisely been intrusted to your
Lordship's experienoed hands, and of lightening, as far
as we can, the serious weight of labour which has been
oast on you. I need hardly say that in Doctors'-
commons the most entire confidence has ever prevailed
in the intercourse between the bench and the bar, and I
trust that a similar feeling may soon take root and may
long flourish here between your Lordship and that pro.
fession in whose name I most heartily and cordially bid
you welcome.
Sir Cresswell enamel—l return you and those
gentlemen on whose behalf you have addressed me my
most cordial thanks for the kindness with which you
have received me. I assure you unfeignedly that I stand
much in need of some such encouragement as you have
given me, for I cannot take my seat In this court with-
out feeling many anxious fear* leek I should prove
unequal to the discharge of the duties which I have
taken upon myself, I am now fully wired of the kind

feeling of the bar, I also place the utmost oonfidenoe
in their learning and honour, and I am cure that their
learning will supply me with the information which is
necessary to enable me to discharge my duties, and that
their honour will prevent them from attempting to use
their learning as a means of misleading me. You have
alluded to the long experience I have had in West-
miruiter-hall, and to the interest manifested by the
large attendance of the bar on this occasion. If I have
had the good fortune to acquire their good will and esteem
in the exercise of my judicial office, I can only as-
cribe it to their doing Me the justice to believe that I
have ever been animated by an earnest desire to hold
the scales equally between all men, to show no preference
or personal feeling, but to deal evenhanded justice to
every one. I hope I may, without presumption, promise
that, during the rest of my judicial career, I shall pur.
sue the same course, and happy shall I be if at the con-
clusion of the few years during which I shall hold my
present office, I shell be able to carry with me the same
good feeling which has been expressed towards me to-
day.
The addresses both of the Queen's Advocate and of
the learned Judge were received with every mark of at-
tention and respect by the learned gentlemen who filled
the court, and were followed by unmistakeable demon.
strations of approval.

EARLE V. REEDY.

This was a business of proving the will of a lady
named Sarah Herbert, dated the 11th day of February,
1856. There were several codicils to the will, and it
had been opposed on the grounds of the incompetence
of the testatrix, who was 86 years of age, and of undue
influence. The opposition was, however withdrawn,
and the only question brought before the court was
whether the costs of the opposition should be granted
out of the estate.

Dr. Jenner was heard on behalf of the executor
against the application for costs, which was supported by
Dr. Spinks.
The learned Judge granted probate of the will and
codicils, with costs out of the estate to the executor, but
refused to grant Mr. !dandy's costs, as there was clearly
no ground for the opposition.
No other case was heard to-day.