1 The Legal Observer, DIGEST, AND JOURNAL OF JURISPRUDENCE. SATURDAY, DECEMBER 25, 1852. CHANGE OF MINISTRY. RETIREMENT OF LORD ST. LEONARDS. THE resignation of Earl Derby's Ministry, and the changes consequent thereupon, for the present absorb professional as well as public attention, and suspend the consideration of many topics which only a short time since were deemed most urgent and exciting. with an earnestness and determination that afforded the best security for ultimate success. Whatever may be the disposition or the competence of his successor, it is hardly to be expected that he will carry out Lord St. Leonards' plans precisely in the spirit in which they were conceived. It has long been felt and acknowledged, that the multiplied and onerous duties, political, judicial, and administrative, which devolve upon the Lord Chancellor, are more Apart from personal or political predilec- than sufficient to overwhelm any man of tions, the removal from the highest offices ordinary ability, industry, and talent. The of Government, connected with the admini- question has been, ever since Lord Hardstration of the law, of the men who have so wicke's day, whether the duties of the recently entered upon the great work-as Chancellor could be efficiently discharged yet only partially accomplished-of remo- by any man. That question has been set delling the legal institutions of the country, at rest by Lord St. Leonards. It seems to affords matter for serious and anxious be admitted on all hands that he was equal reflection. The retirement of Lord St. to his work.1 Leonards at such a juncture can scarcely It is satisfactory to know that his services fail to be regarded as a public misfor- will not be lost to the country by his retiretune. A combination of circumstances, not ment from office. His experience, decision, requiring enumeration, have now concen- and capacity for business, are sure to be trated public attention upon the practice appreciated in the House of Lords, and and procedure of the Superior Courts to a there can be little doubt that whoever is in degree never before known. Much has office, Lord St. Leonards' views in referbeen done to remove the evils complained ence to all measures introduced into that of, but much more remains to be done. House relating to the law and its adminisRegarding Lord St. Leonards merely as a tration, will have due weight. There is law reformer-irrespective of his views as a some reason to hope, too, that arrangements politician, or his capacity as a Judge-it will be made to secure the benefit of his must be universally conceded that, during Lordship's services permanently and regu his short tenure of office, he satisfied the larly, upon the hearing of appeals in the Public and the Profession that he felt how Court of ultimate Appeal. Ability of the much was required from him, and evinced highest class is not in such excess in any remarkable aptitude and capability for suc department, that the Public can afford to cessfully surmounting the difficulties he had lose a first-rate judicial mind! to encounter. Bold, judicious, and indefatigable, he seemed to feel it was his mission to reduce to order the chaos in which the hasty acts of the last Session of Parliament had left the practice of the Court of Chancery, and set about the work No. 1,294. VOL. XLV. The division of labour, so admirably arranged by Lord Chancellor Truro, in the appellate jurisdiction of the Court of Chancery, should ever be remembered in the progress of useful Law Reform. I 126 Change of Ministry—Retirement of Lord St. Leonards.—Taxes on Justice. Appearance sec. stat. Rule to plead several matters Pleading fee Returning venire Distringas s. d. 20 1 0 50 10 6 7 0 7 0 3 6 12 0 On the other hand, the following fees have We are not yet in a position to announce new, and others are considerably increased. with confidence the legal appointments True it is, that the fees on the trial of under Lord Aberdeen's administration, and causes are materially diminished, but inason this, as on analogous occasions, decline much as 95 actions out of every 100 do to bid for temporary notoriety by mislead- not proceed to trial, the exaction of ining our readers with statements founded creased fees on the preliminary stages and upon vague rumour or idle conjecture. in undefended cases is very oppressive to Whilst any uncertainty exists as to the the suitor. We believe that the following persons composing the New Ministry, it fees are almost all that have been abowould be vain to speculate upon its politics lished:or principles. It is quite clear, however, that whoever may be in or out of office, the course of legal improvement, traced out by the measures of the last Session of Parliament, and since partially carried into effect, must be proceeded with. The friends of progressive law reform justly attach much importance to the character of the persons to whom the delicate and responsible duty is about to be transferred of controlling and directing the measures necessary for completing what has been commenced, as well as of originating and framing such further changes as may be found expedient. It is earnestly to be hoped that measures of this nature may continue to be regarded without reference to party politics, and neither accelerated nor delayed for purposes of personal ambition. Some symptoms have already been manifested amongst the lawyers in Parliament, of a disposition to distance each other. in the race of law reform. This is a species of competition which can neither produce benefit to the Public nor lasting credit to the individuals engaged in it, and we trust hereafter to find it discountenanced by persons in authority, as it will assuredly be condemned by the calm judgment of the country. been increased :— Every amendment of proceeding 20 We understand that the remonstances against this taxation have been communicated to the Treasury, and that the authorities there have determined to make no reduction at present, but to wait the result of their receipts at the expiration of six months, when if the amount shall have exceeded the expenditure, they will be willing to reduce or abolish a proportionate amount of fees. In the meantime, therefore, the Profession must submit to the grievance, and be prepared, when the time arrives, to suggest the repeal or alteration of such of these imposts as will afford the best relief to the suitor. It seems that the Treasury, notwithstanding the inclination of Parlia ment to throw on the Consolidated Fund the expense of administering justice, feel justified in raising an ample amount to defray the compensations and pensions on the abolition of useless offices, as well as Taxes on Justice-Common Law Fees.-Further Orders in Chancery.-New Statutes. 127 same. the salaries of the officers and clerks who Bar, until some one of them shall accept the perform the present duties. We trust that the valuable precedent established under the Act of last Session for the Relief of the Suitors will be followed after the Recess, by petitions to Parliament for further relief against the oppressive burdens in the Common Law Courts. FURTHER ORDERS IN CHANCERY. CONVEYANCING COUNSEL.-REFERENCES. 16th December, 1852. 1. THE business to be referred to the conveyancing counsel nominated by the Lord Chancellor under the 15 & 16 Vict. c. 80, s. 41, is to be distributed among such counsel in rotation by the first clerk to the registrars for the time being, and during his occasional or necessary absence by the second clerk to the registrars for the time being, and during the occasional or necessary absence of both such clerks, then by such one of the other clerks to the registrars as the first registrar for the time being may nominate for that purpose. 2. The clerk making such distribution as aforesaid is to be responsible that the business is distributed according to regular and just rotation and in such manner as to keep secret from all persons the rota or succession of conveyancing counsel to whom such business is referred; and it shall be his duty to keep a record of such references with proper indexes, and to enter therein all such references. 1 5. The preceding orders are not to interfere with the power of the Court or of the Judge ference to any one in particular of the said sitting at Chambers to direct or transfer a reconveyancing counsel, where the circumstances of the case may, in his opinion, render it expeST. LEONARDS, C. dient. NOTICE AT THE REGISTRARS' OFFICE. 18th December, 1852. In all cases in which the Courts or either of the Judges sitting at Chambers shall direct any business to be referred to any of the conveyancing counsel the memorandum or minute of such direction, signed by the registrar if the same shall be given in Court, or by the Judge's chief clerk if given in Chambers, is to be taken by the party prosecuting such direction, or his solicitor, to Mr. Metcalfe, at Mr. Walker's seat, and in Mr. Metcalfe's absence to Mr. Merivale, at Mr. Monro's seat, between the hours of 11 and 1 o'clock, who will write the name of the conveyancing counsel in rotation on such memorandum or minute. NEW STATUTES EFFECTING ALTE- 3. When the Court, or a Judge sitting at Chambers, shall direct any business to be referred to any such conveyancing counsel, a short memorandum or minute of such direc-it tion is to be prepared and signed by the regis trar, if the same shall have been given in Court, or by the Judge's chief clerk if given in Chambers, and the party prosecuting such direction, or his solicitor, is to take such me morandum or minute to the registrar's clerk, whose duty it shall be to make such distribution as aforesaid, and such clerk is to add at the foot thereof a note specifying the name of the conveyancing counsel in rotation to whom such business is to be referred, and such memorandum or minute is to be left by the party prosecuting such direction, or his solicitor, with such conveyancing counsel, and shall be a sufficient authority for him to proceed with the business so referred. 4. In case the conveyancing counsel in rotation shall from illness or from any other cause be unable or decline to accept any such reference, the same shall be offered to the other conveyancing counsel appointed as aforesaid, successively, according to their seniority at the 1 See the following notice at the Registrars' Office as to the clerk who is to do this duty, and the time within which it is to be done. BANK NOTES. An Act to amend an Act of the First Year of King George the Fourth, for the further Prevention of forging and counterfeiting Bank Notes. [16th December, 1852.] Whereas by an Act passed in the 1st Geo. 4, was enacted, that all bank notes of the Governor and Company of the Bank of England of the description therein mentioned, whereon the names of the persons intrusted by the governor and company to sign the same should be impressed by machinery with the authority of the said governor and company, should be good and valid: And whereas doubts have arisen whether the provisions of the said Act are not limited to notes of the particular description therein mentioned: Be it therefore declared and enacted, That all notes, bank post bills, and bank bills of exchange of the said governor and company, whereon the name or names of one of the cashiers of the said governor and company for the time being, or other officer appointed or to be appointed by the said governor and company in that behalf, shall or may be impressed or affixed by machinery provided for that purpose by the said governor and company, and with the authority of the said governor and company, 2 The following are the names of the conveyancing counsel in the order of their seniority;-Mr. Brodie, Mr. Coote, Mr. Hayes, Mr. Christie, Mr. Jarman, and Mr. Lewin. I 2 128 New Statutes effecting Alterations in the Law.-Address to Master Farrer. shall be taken to be good and valid to all 1. Whereas the Inclosure Commissioners for intents and purposes as if such notes, bank England and Wales have, in pursuance of post bills, and bank bills of exchange had "The Acts for the Inclosure, Exchange, and been subscribed in the proper handwriting of Improvement of Land," issued their provisionsuch cashier or other officer as aforesaid, and al orders for and concerning the proposed inshall be deemed and taken to be bank notes, bank post bills, and bank bills of exchange within the meaning of all laws and statutes whatsoever, and shall and may be described as bank notes, bank post bills, and bank bills of exchange respectively in all indictments and other criminal and civil proceedings whatsoever, any law, statute, or usage to the contrary notwithstanding. COMMON INCLOSURE, 16 VICT. c. 3. An Act to authorise the Inclosure of certain closures mentioned in the schedule to this Act, and the requisite consents thereto have been given since the date of their Seventh Annual General Report: And whereas the said Commissioners have by a special report certified their opinion that such proposed inclosures would be expedient; but the same cannot be proceeded with without the previous authority of Parliament: Be it enacted, That the said several proposed inclosures mentioned in the schedule to this Act be proceeded with. 2. And be it enacted, That in citing this Act in other acts of Parliament, and in legal instruments, it shall be sufficient to use either the expression, "The Second Annual Inclosure Act, 1852," or "The Acts for the Inclosure, Exchange, and Improvement of Land." R. M. and F. Lowe Address to Master Farrer.-Alterations in the Law. Chilton, Burton, and Johnson Norris, Allen, and Simpson Clayton, Cookson, and Wainewright Few and Co. Wright and Kingsford Keightley, Cunliffe, and Beaumont Thomas White and Sons Tilson, Clarke, and Morice Roumieu, Walters, and Co. Palmer, France, and Palmer Thomas Holme Bower Young and Vallings, St. Mildred's Court Charles Druce and Sons Desborough, Young, and Desborough George Weller Mourilyan and Rowsell Richard B. Armstrong, Staple Inn Metropolitan and Provincial Law Association, 8, Bedford Row, 31st August, 1852. J. W. FARRER, ESQ. SIR,-I have the honour to forward to you the accompanying testimonial, in accordance with the request of the gentlemen who have signed it, and am, sir, your obedient servant, WILLIAM SHAEN, Secretary. The following is the Master's answer to the Address : John Street, Berkeley Square, 1st September, 1852. SIR, I thank you for your letter, which received last night. I The expression of feeling towards me, signed by so many of the most experienced and leading practitioners in the Masters' Offices, which it encloses, is most gratifying, especially under the circumstances which have led to the abolition of the office of Master in Chancery. Upon my appointment in 1824, by Lord Chancellor Eldon, I determined to do utmost to gain the confidence of the Profession. Whether I had succeeded was in doubt, until I received the document forwarded by you. That document justifies me in indulging in the very satisfactory conclusion that I have succeeded. my 129 Assure the parties whose names are attached to it, of the real gratification it gives me. I look upon it, not alone as their expression of feeling towards me, but as proof that a similar kind feeling exists in the Profession in general towards your obedient and faithful servant, (Signed) J. W. FARRER. William Shaen, Esq., Secretary to the Metropolitan and Provincial Law Association. We have delayed the insertion of this Testimonial, expecting to receive the names of other solicitors who were desirous of showing their respect to the late Senior Master of the Court of Chancery on his retirement. Many of them were the more anxious to express their sentiments, both of regard and respect, from the recollection that several members of the Master's family had been in the last age, and others still are, eminent for their station and high character in that branch of the Profession to which the solicitors belong. The additional names will be published as soon as received. ALTERATIONS IN THE LAW. To the Editor of the Legal Observer. SIR,-There is an old adage that nothing is cheap that you do not want,-how strangely may a few syllables be applied. In a reverie, into which I was thrown by the heterogeneous mass of "Amendment of Procedure" and Improvement of Jurisdiction" which has lately been thrust upon the English Courts of Justice, it seemed to me that the great lexicographer's description of a patron as one who encumbers with help when it is not required, may be as appropriately applied to a legislature which attempts to assist an operation which it will not take the trouble to understand. Now, sir, under this category we may append our (or rather their) recent improvement of jurisdiction and procedure amendment. We live in an age of statistics, and therefore details have now become objects of interest which would in former times have remained secret because of the difficulty of the uninitiated appreciating their mysteries. Certain animals are endowed with faculties which enable them to endure the pecularities of their respective elements. The lawyer is here within the pale of analogy, although the society in which he lives may not enable him to become (or to be tolerated if he should become) a Solon or Lycurgus, but certainly it is to be regretted that so few of the Profession think it worth while to raise their voices against the absurd nonentities that are foisted upon the country as amendments and improvements of the law. This is a duty which appertains not so much to the Bar as to that branch of the Profession whose avocations more immediately bring them in contact with the operation of the laws. Without desiring |