290 Costs of Solicitor-Trustee. -Correspondence.-Notes of Week. [LEGAL OBSERVER, the bankers' profit, derived from the investment of the unemployed cash balances in the hands of the Accountant-General; and they proposed that the Consolidated Fund should pay to the Suitors' Fund an annual rent equivalent to the dividends on the stock sold and applied for the purpose. It appears to the Council that the plan for the completion of the Houses of Parliament contemplates the removal of the building containing the Courts of Law and the throwing open of the site; and if that be the case the building of new Courts is only a question of time. The Council, however, will do all in their power to promote this necessary object. V. THE EXAMINation and RegisTRATION OF ATTORNEYS. During the last four Terms 398 Candidates have been examined; of whom 355 were passed and 38 postponed. In the same period 347 were admitted on the Roll. Comparing these numbers with those of former years, it appears there is a considerable diminution of new members on the Roll, although the wealth and population of the country has largely increased. [To be continued.] COSTS OF A SOLICITOR-TRUSTEE. SELECTIONS FROM CORRE- COSTS OF A SOLICITOR-TRUSTEE EMPLOY- CAN you refer me to a case decided about a twelvemonth ago, wherein a solicitor-trustee declined to act personally in the legal business of the trust, but employed an agent, and wherein it was decided that the solicitor was held only to be entitled to the money he had actually disbursed out of the purse, and the agent's costs? We frequently see clauses inserted in settlements and wills giving the solicitor his it is somewhat problematical whether such a full costs, notwithstanding his position,-but stipulation is valid. Has its legality ever been considered and established? ONE, &c. [We think the legality of such a clause is unquestionable. Where there is no such provision, neither the solicitor nor his partner can recover more than costs out of pocket.-ED.] LAW OFFICERS OF THE CROWN. In order to leave the choice of Judges perfectly free, it may be worth consideration whether in all future appointments of Attorney THE recent decision in the case of Broughton and Solicitor-General, looking at the immense v. White will doubtless operate most benefici- importance of the subject, it might not be ally as a lesson to professional men to eschew proper to stipulate that it must not be undertrusteeships, if they are to be so unconscienti-stood that they are entitled either of right or as a matter of course to a seat on the judicial Bench, at the same time that it should not be considered a bar to the elevation. CIVIS. NOTES OF THE WEEK. SETTLED ESTATES BILL. ously and dishonestly deprived of their costs. Such a rule appears now to be clearly established, and considering that it is more honoured in the breach than in the observance, I trust in this age of reform that a rule will be made, or an Act of Parliament passed, to remedy the iniquitous evil, which actually operates in carrying it out to the absolute ruin of families. Surely the scrutinizing eye and great experience of the Taxing Masters would be an adequate protection to the public to ascertain that no needless work was done for the sake CHARITABLE TRUSTS AND CHANCERY BUSIof costs. We regret to learn that the Solicitor-General has deemed it necessary to yield to the opposition against this Bill, and postpone it to the next Session. NESS BILLS. We understand that these measures will be pressed forward by the Government. PRIUS COURTS. I have stated it operates to the ruin of families. What can be said in justification of the conduct of parties who, after having had the advantage of the professional services of a THE WESTERN CIRCUIT BAR. TWO NISI gentleman at the height of his profession for nearly a quarter of a century, have actually called upon him to refund the whole of his charges during that long period, amounting to thousands, and which were from time to time paid by the honourable party to his solicitor, who is only one of a firm? A SOLICITOR OF UPWARDS During the time the Bench and the Bar were discussing the question of having two Mr. Justice Crompton observed, that if there Nisi Prius Courts sitting at once at Wells, had been any very great difference in the talent of the leaders and juniors, he should have thought the sending cases to be tried in the other Court, and to be conducted by the juniors, somewhat hard upon the suitors, but really on this circuit he saw so little distinction AUG. 11, 1855.] Notes of Week.-Superior Courts: Lord Chancellor.-Lords Justices. that he was sure the suitors would not at all suffer by the duty of leading being cast upon the juniors. From The Times of Aug. 8. [This observation of the learned Judge cannot, of course, be received as any disparagement of the leading members of the Bar on that Circuit, but as undoubtedly a high compliment to the Junior Bar.-ED.] LAW APPOINTMENTS. James Edward Davis, Esq., has been appointed a Revising Barrister, in the room of C. S. Whitmore, Esq., Q. C. 291 Mr. William Gaisford, Solicitor, of Berkeley, has been elected Coroner for the Western Division of Gloucestershire, in the room of the late Mr. W. Joyner Ellis. The Hon. Edward Pleydell Bouverie, M.P., Barrister-at-law, has been appointed President of the Poor Law Board, in the room of The Right Hon. Matthew Talbot Baines, resigned. Robert Lowe, Esq., M. P., Barrister-at-Law, has been appointed Vice-President of the Board of Trade, in the room of the Hon. Edward Pleydell Bouverie, appointed President of the Poor Law Board. RECENT DECISIONS IN THE SUPERIOR COURTS. Lord Chancellor. Score v. Oldfield. Aug. 6, 1845. above bankrupt under the 12 & 13 Vict. c. 106, but that before the expiration of the eight days required to elapse by s. 81,1 before an PETITION FOR PAYMENT OF FUND OUT OF act of bankruptcy is committed, the bankCOURT TO ASSIGNEES OF MORTGAGE.-rupt, who had signed the admission of demand DISPENSING WITH SERVICE ON MORT- under s. 79, presented a petition under the arrangement clauses of the Act (s. 211, et seq.) GAGORS. G. M. Giffard, in support, contended that this proceeding of the bankrupt did not oust the right of the petitioner, although he had not proceeded on the summons for about 18 days. Bacon and Woodroffe, contrà. Service of a petition for payment out of Court of a fund of 5351. to the assignees of the mortgage thereof dispensed with on the mortgagors, who were in Australia, upon an affidavit of the considerationmoney-500l. having been duly paid. The Lords Justices said, that, if no delay THIS was a petition for the payment out of had taken place, the proceeding under s. 211 Court of a sum of 535., on behalf of the as-but that, if no reason were shown for such would not have availed against the petitioner; signees of a mortgage thereof made to the petitioners in consideration of 500l. about six years ago by Mr. and Mrs. Barrett. It appeared that in 1851 these parties had left this country for Australia, and that their exact residence was not known-their letters being directed to the post office, Adelaide. On a trader-debtor summons, the bankrupt signed an admission of the demand under s. 79 of the 12 & 13 Vict. c. 106, but did not pay, &c., in accordance with s. 81, within the seven days. The creditor did not proceed until 18 days after such time, and in the meanwhile the debtor petitioned under the arrangement clauses: Held, that, in the absence of any reason for such delay, the creditor had lost his right to proceed. IT appeared that the petitioner had taken out a trader-debtor summons against the delay, he would lose his right to proceed. Vice-Chancellor Kindersley. In re Murch Charities. Aug. 2, 1855. OF APPLICATION OF PURCHASE-MONEY Upon a reference to the Master in 1849, a 'Which enacts, that "if any such trader so summoned as aforesaid, shall upon his appearance sign and file an admission of such demand in the form aforesaid, and shall not within seven days next after the filing of such admission, pay or tender and offer to pay to such creditor the amount of such demand, or secure or compound for the same to the satisfaction of the creditor, every such trader shall be deemed to have committed an act of bankruptcy on the eighth day after the filing of such admission, provided a petition for adjudication of bankruptcy shall be filed against such trader within two months from the filing of such affidavit.” 292 Superior Courts: V. C. Kindersley.—Stuart.-Wood. [LEGAL OBSERVER. the application of such purchase-money in building the school-house, and for leave to the trustees to borrow the remaining sum required, to be repaid by instalments out of the rents; and held that the consent of the Charity Commissioners was not required. THIS was a petition for the application of the purchase-money of certain lands belonging to the above Charities and which had been taken by the Eastern Counties' Railway Company, towards making up a deficiency in the funds required to build a school-house in accordance with the scheme settled on a reference to the Master in 1849, and for leave to the trustees to borrow 600l. to complete the works, such sum to be paid back by instalments out of the rents. Osborne, in support, cited In re Kettering Grammar School. Wickens for the Attorney-General; J. T. Wood for the railway company. The Vice-Chancellor made the order as asked, upon the case cited, and held that the consent of the Charity Commissioners was not necessary. Vice-Chancellor Stuart. In re Skidmore's Estate. June 29, 1855. DISALLOWANCE OF COSTS OF IRRELEVANT MATTER IN AFFIDAVIT ON PETITION.EXHIBITS. The affidavit on petition for payment out of Court of the purchase-money of lands, on the title of which difficulties had arisen, contained irrelevant matter, and made the abstracts of title, &c., exhibits: A direction was given to the Taxing Master under the 122nd Order of May, 1845, to disallow the unnecessary costs thereby occasioned. ON this petition for payment out of Court of the purchase-money of certain lands taken by the Corporation of the City of London, under the powers of the Clerkenwell Improvement Act, 1854, and in reference to the title of which difficulties had arisen, Baggallay appeared for a direction to the Taxing Master to disallow the costs of so much of an affidavit as contained irrelevant matter, and made exhibits the abstract of title, &c. By the 122nd Order of May 8, 1845, it is provided, that "if upon the hearing of any cause, petition, or motion, the Court is of opinion that any pleading, petition, or affidavit which has not been referred for impertinence, or any part of any such pleading, petition, or affidavit, is improper or of unnecessary length, the Court may either declare such pleading, petition, or affidavit, or any part thereof, to be improper or of unnecessary length, or may direct the Taxing Master to look into such pleading, petition, or affidavit, and distinguish what parts or part thereof are or is improper or of unnecessary length, and may direct the Taxing Master to ascertain the costs occasioned to any party by such parts or part thereof as in the one case may have been declared to be, and in the other case may have been distinguished as being, improper or of unnecessary length, and may make such order as is just for the payment, set-off, or other allowance of such costs." The Vice-Chancellor made the direction accordingly. Attorney-General v. Hardy. July 26, 1855. NEW RELATOR IN INFORMATION ON DEATH OF ORIGINAL RELATORS. PRACTICE. Upon the death of the original relators in an information after decree, the proposed new relator should apply to be substituted and for leave to carry on the proceedings, upon which, with the Attorney-General's consent, an order will be accordingly made. THIS was a motion, on behalf of the AttorneyGeneral, for the appointment of a new relator in this information, upon the death of the original relators after decree. T. H. Terrell in support. The Vice-Chancellor said, that the proper course would be for the proposed new relator to apply to be substituted as relator, and for leave to carry on the proceedings, upon which, with the consent of the Attorney-General, an order would be made. Vice-Chancellar Wood. Lloyd v. The Solicitors' and General Life Assurance Society. Aug. 1, 1855. TAKING REPLICATION OFF FILE, WHERE NOTICE OF FILING NOT DULY GIVEN. A replication was filed on June 21, but notice of such filing was not served until July 25 : Held, that the time for closing the evidence would be enlarged as of the day when the service took place, but a motion to take the replication of the file was refused,—no costs on either side. THIS was a motion to take off the file the replication in this cause, on the ground that, although filed in June 21 last, notice of such filing had not been served on the defendants' solicitor until July 25. By the 23rd Order of October 26, 1842, it is directed, that "when any solicitor or party shall cause an appearance to be entered, or an answer, demurrer, plea, or replication to be filed, he shall on the same day give notice thereof to the solicitor of the adverse party, or to the adverse party himself if he acts in person.' Walford in support applied for costs. The Vice-Chancellor said, that it was wrong to take advantage of a slip of this kind, without communicating with the other side, but that the time for closing publication would be enlarged as of the day when the service took place. No costs would be given. The Legal Observer, AND SOLICITORS' JOURNAL Still attorneyed at your service."-Shakespeare. SATURDAY, AUGUST 18, 1855. RESULTS OF THE SESSION. ALTERATIONS OF THE LAW. ACCORDING to our annual custom, we proceed briefly to sum up the result of the deliberations of both Houses of Parliament in regard to the amendment or alteration of the Law in its various departments. For the present, we must limit ourselves to a classified statement of the Acts which have received the Royal Assent, and reserve our notes and annotations for future numbers. It will indeed be convenient, in the first instance, to take a general view of the statutory labours of the Session before we enter on the various details which they comprise, -bearing in mind more especially such as involve the duties our brethren have to perform in execution of the Legislative will. II. COURTS OF LAW AND EQUITY. The Acts of the Session may be arranged The Act for the Despatch of Business in under the following heads :-1st. Those Chancery has passed with but little alterawhich relate to the Law of Property. 2nd. tion in the Bill as first introduced by the Those which concern the Administration of Lord Chancellor. The Report Office is to Justice in our Courts of Law and Equity. be abolished, and the business transferred 3rd. The Alterations which have been made to the Record and Writ Office-a judicious in the Mercantile or Commercial Law. 4th. and convenient measure. The Affidavit The Acts relating to the Church. 5th. The Office had previously been consolidated with Criminal Law. 6th. The Acts concerning the Record Office. Authority is given to the Public Health, Sewers, Nuisances, Me- increase the number of Junior Clerks in the The tropolitan Management, &c. Chambers of the Equity Judges. Chief Clerks, whose duties are very important and onerous, and admirably discharged, -are to receive an increase of 3001. a year, making the salary 1,500. each. The clause for restricting the Administration of Oaths by London Commissioners in Chancery, has been expunged, and any possible doubt removed regarding the legality of their jurisdiction. I. LAW OF PROPERTY. Several of the Acts in this department of the Law have been already submitted to our readers, namely, the Protection of Purchasers against Judgments (p. 5). Infants Marriage Settlements (p. 198). The Lunacy Regulation Act (p. 32), au- The Bills of Exchange and Promissory Notes Act (see p. 256) comprises an altera R 294 Results of the Session-Alterations in the Law. tion both of the Law and Practice of the Court, and belongs as well to the head of Mercantile or Commercial Law as to the department of Procedure. From the 24th October next, no defence can be made to an action brought under the provisions of the Act on a bill or note without leave of a Judge. One writ may be issued against all or any of the parties to a bill. The Common Law Pleadings Act (p. 176) authorises the Judges to make further alterations in the Pleadings in Actions. Their power would have expired with the present Session it is extended for five years. The Stannary Court Act (pp. 214, 236) regulates the Practice and extends the Jurisdiction of the Court. The County Palatine Trials Act (p. 241) authorises the Trial of Causes in Lancashire in the same manner as in other counties. The Cinque Ports Act (p. 258) abolishes the peculiar Jurisdiction of those places and transfers it to the general Jurisdiction possessed by the rest of the county of Kent. These measures appear to be calculated to render uniform the Administration of Justice, and to put an end to the inconvenience of separate and distinct modes of procedure in the same county. [LEGAL OBSERVER, company having a capital divided in shares of not less than 107. each, held by not less than 25 persons, who have paid 201. per cent. on their shares, and the deed of partnership being registered and the name of the company being announced at its place of business as limited, and so designated on all documents used in carrying on the business. This measure has received the honour of a special notice in the Queen's speech on proroguing Parliament. The "Summary Diligence" Act on Bills of Exchange and Promissory Notes, may also be classed as an important amendment in the Commercial Law, by which frivolous and fraudulent defences on dishonoured Bills and Notes will be prevented. The mode of proceeding belongs to the department of the Courts of Law, and does not transfer the business of enforcing payment of dishonoured bills to the Notary's Office, instead of the Attorney; but leaves the latter to conduct all the proceedings. The Bills of Lading Act amends a defect in the previous state of the law, vesting the right of suit and otherwise in the consignee or indorsee named in the Bill of Lading, as if the contract for the carriage had been made with himself. Other amendments are also made. The Crown Suits Act justly places the Government who sue or defend in the The Merchant Shipping Amendment Act Queen's name on the same footing in Re- provides for Colonial Lighthouses, the Revenue Cases as her Majesty's subjects,-gistry of Ships, the relief of Destitute Searecovering costs where successful, and pay- men, and legal procedure for Offences on ing them when unsuccessful. board Ship. The Ecclesiastical Courts Act (p. 176) abolishes the Jurisdiction in cases of Defamation, which had fallen into disuse and the punishment for which was unseemly and inefficacious. The Colonial Judicature Act applies to the Courts of the Prince of Wales' Island, Singapore, and Malacca, and regulates the Appointment of, and Salaries and Pensions to be paid to, the Judges. The Act for the Administration of Oaths Abroad (p. 175) enables Ambassadors and other British Ministers abroad to administer Oaths, and renders the Affidavits admissible in all the Courts of the United Kingdom, without proof of the seal or signature. The Charitable Trusts' Act extends the powers of the Commissioners, subject to an appeal to the Court of Chancery. The Passengers by Sea Act establishes several important regulations for securing the sufficiency of the vessels and the safety and well-being of the passengers. IV. THE CHURCH. The Acts on this subject relate, 1st, to the Union of contiguous Benefices; 2nd, to the Registration of Places of Religious Worship (see p. 276). V. THE CRIMINAL LAW. Under the Criminal Justice Act, it is provided that in cases of Larceny where the property is not above the value of 20s., a summary conviction may take place, unless the accused demands a trial. The Youthful Offenders' Act directs the mode of proceeding where the accused are maintenance in Reformatory schools. under the age of 16, and provides for their VI. METROPOLITAN AND OTHER ACTS III. MERCANTILE OR COMMERCIAL LAW. The most important Act in this branch of the Law is that which extends the principle of Limited Liability Partnerships, already established in Joint Stock Companies Several important Acts have also passed formed under the existing Statutes, to any for the Regulation of the Metropolis and its AFFECTING THE PUBLIC. |