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Transfer of Land.-- Address to Master Farrer.

315

possible by rendering the search unnecessary. I by himself and the other solicitors who had A registration of deeds would not shorten a concurred in the Address, but, he might add, conveyance by a single line. A measure such by the Profession at large. The gentleman as we propose would do away with convey-(Master Farrer) whom he had the honour of ances altogether, nothing being required but the addressing, had received his appointment from name of the vendor or purchaser, and the de- Lord Chancellor Eldon so long ago as the year scription of the land. A registration of deeds 1824, and had risen to be the senior Master; would be opposed by most zealous Law Re- that during the long interval from that period formers, and the Solicitors, who have so often to the present time, he had invariably dissucceeded in procuring its rejection, would be charged the functions of his important office strengthened by the support of those most with unblemished integrity, the clearest intelcompetent to give an opinion on this abstruseligence, and the most exact punctuality; that and difficult subject. Twenty years ago, a re his earnest desire to administer justice was exgistration of deeds would have been hailed as a hibited in the pains taken to investigate every step in advance. So rapid has been the pro- case brought before him in all its details,-by gress of opinion during that time, that it would unwearied patience in listening to the statenow be regarded as an actual retrogression. A ments and arguments which were adduced on measure for the registration of deeds would all sides, and the caution with which his judgcombine against it the biggoted opponents of ments were formed and delivered. He need all change -- the economist, who would be re- not enlarge on the labours encountered by the pelled by the prospect of its expense--and the Master in the transaction of the vast amount scientific inquirer, who regards it with distrust of business which had fallen to his share, espeas introducing a new element of danger, and cially in the hearing of the numerous solicitors wasting in one direction labour which might present, who had themselves witnessed those be better bestowed in another. We trust, exertions; but he could not help referring to therefore, that Lord Cranworth will pause be- the printed returns of the Suitors' Fee Fund for fore he involves the Government in a measure several years (one sure test of the business which will require all their strength to carry; transacted), which stated the various amounts the heavy expense of which is certain, and its paid by the different Masters into that fund; expediency more than doubtful.”

and it would be found that the senior Master was at the head of the list, his pay

ments having far surpassed in amount those of ADDRESS TO MASTER FARRER,

any one of his colleagues,-thus showing that ON HIS RETIREMENT AS SENIOR MASTER the energies and abilities which had been so OF THE COURT OF CHANCERY.

ably displayed for nearly 30 years, were still vigorous and unimpaired. Mr. Sudlow said

he should not do justice to his own feelings, On Monday, the 7th instant, a deputa- which he

in instant, a deputa- | which he was sure concurred with the sentition of solicitors waited upon J. W. Farrer, ments entertained by the Profession, if he did Esq., the Senior Master of the Court of not express the grateful sense with which the Chancery, at his Chambers in Southampton urbanity and kindness that marked the MasBuildings, to present him with an Address ter's conduct were remembered ;--so that upon his retirement from office, pursuant to

amidst the difficulties that surrounded and octhe provisions of the Office of Masters in

casionally embarrassed the solicitor in dealing

with important cases, his anxiety was essenChancery Abolition Act.

tially relieved by the courtesy and patience of Mr. Sudlow, of the Firm of Sudlows, the Master, and his readiness, so far as his adTorr, and Janeway, presented the Address, vice and assistance could avail, to meet and reaccompanied by Mr. W. H. Palmer, Mr. move whatever obstacle impeded the proceedE. W. Field, Mr. C. N. Wilde, Mr. ing before him. The Legal Profession, and the Bridges, Mr. Tilson, Mr. W. H. Wood- Public also, owed a deep debt of gratitude to house. Mr. Armstrong, Mr. Goodford. Mr. the Master for the judicious and temperate Trinder, Mr. Kennedy, Mr. J. H. Turner,

'course taken by him on the subject of Law Mr. Derey, Mr. Fox, and a numerous

Reform. By his writings and by the evidence

given under commissions, and especially bebody of other solicitors, with Mr. Maugham, fore the Lords' Committee, in 1851, his vast the Secretary of the Incorporated Law So- experience and sound judgment had enabled ciety.

him to point out to Parliament and to GovernThe Master was attended by his brother, ment such measures as were safe and salutary, the eminent solicitor, and by two of his and to check those hurried and iinpetuous alsons, and Mr. Whiting. his late Chief terations which in the eagerness for change Clerk.

were not weighed as they deserved, and were

therefore, instead of introducing an improved Mr. Sudlow, in presenting the address, system, calculated to lead to serious mischief said, “That on this occasion he felt himself ho- and expense. In conclusion, he begged, in the noured in being deputed to express, however, name of himself and of the gentlemen then imperfectly, the feelings of respect and gra- present, to assure the Master that, in quitting titude entertained for the Master, not only his office, he would be followed by their sin

316

Address to Master Farrer. cere respect (perhaps he might be permitted to “ To his friend, Mr. Wbiting, he made his say, their affectionate respect), and their best cordial acknowledgment of the valuable aswishes that his retirement might, among other sistance he had for many years rendered him. consolations, be solaced by the pleasing recol. He had ever found in him a zealous, laborious, lections of a life honourably and usefully spent, and able coadjutor. He had found united in and the hope that he and his family might him the useful qualities of one well practised enjoy for many years the blessings of health in business with the pleasing manners of a and continued prosperity. He (Mr. Sudlow) | gentleman. could not let the occasion pass without adding, “ Although at his time of life, and in his also, his testimony to the ability, zeal, and ur- state of health, after nearly 29 years' service, banity which had always been displayed by retirement from public life was acceptable, alMr. Whiting, the Chief Clerk, in the manage though he could not describe himself as ment of the important business committed to " Ætatis primo sub flore cadentem;" his care, from which both the solicitor and

ayet he could say, that he quitted office with as suitor had derived the most essential advan-loch

no fresh and lively a feeling about business (he tages."

might confess fondness for business), as he The following Address, signed by the experienced when a young man at the bar. gentlemen whose names are subjoined, was “He was then about, for the probably short then read :

time that his life might be prolonged, to enter,

he trusted, upon a state of comparative rest « The undersigned solicitors desire, upon and quiet. Amongst the happy reflections of your retirement from office under the Masters' peaceful, musing old age, the kindness of the Abolition Act, to express the deep feeling of solicitors, through a long course of years, and respect and gratitude which their experience of especially their kindness that day, would form your services to the suitor, and your uniform a prominent and never wearying subject. He kindness and attention to the practitioners, would no longer detain them, but must enhave led them to entertain.”

treat all those who had signed the Address, to The Master, in answer to the Address,

accept all that he could offer in return,- The

tribute of a thankful heart," said

“To his friends, present and absent, he then “If he consulted his own inclination, he said, “ Farewell,' not in the thoughtless, heartshould sink down into his chair and indulge in less manner in which that word was too comsilence in the enjoyment of the very pleasing monly used; but in the fullest, deepest, and grateful feelings, which the Address he and richest meaning of the word, comprehendthen held in his hand, and the kind observa- ing his earnest wish and prayer for their haptions with which it had been presented, had piness in time present and in futurity, he said, awakened in him.

Farewell.'” “Another reason for wishing to indulge him- Mr. Whiting begged to express his deep self in silence was, the consciousness that he sense of gratitude for the flattering manner in could not find words fit to express the intensity which his name been menticned, as well by and sincerity of those feelings.

the deputation as by the Master, and stated, “ This expression of favourable opinion and that had it not been for the confidence reposed approbation of his conduct as a Master, signed in him by the Master, and his uniform kindby so large a number of most highly respected ness, he (Mr. Whiting) could not have transand learned gentlemen who were experienced acted the business of the office; and he trustin the Masters' Offices, would, under the ordi- ed that in the office he now held he should be nary circumstances of resignation of office, have equally successful in his exertions for the be been very gratifying, but under the circum- nefit of the suitors and the Profession. stances which had led to the abolition of the The deputation then withdrew. office of Master in Chancery, it was peculiarly acceptable, and consolatory.

" The following are the Names of the Sub" When in March, 1824, Lord Chancellor scribers to the Address. Eldon conferred upon him the office of Master

of Master Austen and De Gex. he formed the determination that he would use

Richard B. Armstrong, Staple Inn.

Bir his best exertions so to discharge its duties as Aldridge and Bromley. to gain the approbation and confidence of the profession, especially of that branch of it to bor

George Frederick Abraham, 6, Great Marl

borough Street. which the deputation belonged. The proceed!

Charles Arrowsmith, jun. ings of that day justified him in entertaining the

Bailey, Shaw, Smith, and Bailey. conviction, that he retired from office having

Bell, Steward, and Lloyd. succeeded in carrying that determination into

Burgoynes, Thrupp, and Clark. effect.

G. Bower. “ The Master requested to be allowed to

Thomas Holme Bower. take that opportunity of acknowleding his sense of the efficient services of the two

Bockett and Cowburn, 60, Lincoln's Inn officers, who had assisted him in carrying on the work of the office.

ying on Bridges, Mason, and Bridges, Red Lion

He alluded to Mr. s. Whiting and Mr. Slade.

cient services 01

IC WO Fields.

e.

317

Address to Master Farrer. Brooksbank and Farn, Gray's Inn.

R. M. and F. Lowe. Brace and Colt.

J. H. and G. Lake. Reginald Bray, 57, Great Russell Street. Thomas Leadbitter. Bloxam and Ellison.

James B. Lowndes.
Sidney Beisley.

Lawrence and Kirkpatrick.
Baxter and Somerville, 48, Lincoln's Inn Elijah Litchfield.
Fields.

Lee and Pemberton.
Baker, Ruck, and Jennings, 34, Lime Street. A. M-A. Low.
John Arthur Buckley.

William Ley.
W. A. Boyle, 17, Clements’ Inn.

Metcalfe, Woodhouse, and Parkin. John P. Bolding.

Meredith, Reeve, and Co. T. S. Burton.

Mourilyan and Rowsell. L. R. Bellamy.

Thomas Mortimer, Albany. Thomas Bateman.

Joshua Mayhew. Coverdale, Lee, and Purvis.

R. Maugham. Clayton, Cookson, and Wainewright.

Norris, Allen, and Simpson. Clowes, Wedlake, and Co.

Palmer, France, and Palmer. Chilton, Burton, and Johnson.

Price and Bolton. Capes and Stuart.

Henry Philipps, 4, Sise Lane. W. Chisholme.

Charles Pugh. Church and Son.

George Pyke. Child and Kelly.

James Peachey. T. F. Crew, 38, Essex Street, Stand.

Roumieu, Walters, and Co. F. S. Clayton.

J. and C. Robinson, George W. Frederick Cooke.

John G. Reynell, 10, Staple Inn. William Tredway Clarke.

Willoughby Rackham. James Crowdy.

H. Syme Redpath. Alfred Richard Cocker, 23, Gower Street, Rixon and Son, 11, King William Street. J. W. Christmas, 6, Raymond Buildings. Sudlows, Torr, and Janeway. D. Cullington, 2, Craven Street, Strand. Sharpe, Field, and Jackson. Currie, Woodgate, and Williams.

Smedley and Rogers. Denton, Kinderley, and Domville.

George Smith, 4, Stone Buildings. Desborough, Young, and Desborough. Scott and Tahourdin, Lincoln's Inn Fields. Charles Druce and Sons.

R. B. Sanders, 1, New Inn. Dobinson and Geare.

Leigh C. Smyth. William Dyson.

George Smith and Son. T. Dufaur.

Charles Smith, 44, Bedford Row. C. Beville Dryden.

Richard Smith, 298, Holborn. W. L. Donaldson.

Richard Smith, jun. F. N. Devey.

Tooke, Son, and Hallowes, 39, Bedford Row. Frere, Goodford, and Cholmeley, 6, New Tatham, Upton, Upton, and Johnson. Square.

Trinder and Eyre, 1, John Street. Few and Co.

Tilson, Clarke, and Morice. Fuller and Saltwell.

Thompson, Debenham, and Brown, Salters' J. E. Fox and Son.

Hall. Thomas W. Flavell.

Taylor and Collisson. James Fluker.

Tathain and Son. John Elliott Fox

Tucker and Sons. Gregory, Faulkner, and Co.

J. H. Turner, 8, Chancery Lane. Nicholas Gedye.

J. Tepper, Great James Street. W. A. Greatorex.

Tippetts and Son, 2, Sise Lane. William Gresham.

Henry Thomas. Hume, Bird, and Hume.

Wilde, Rees, Humphry, and Wilde. C, and H. Hyde, Ely Place.

Walker, Grant, and Co. Leonard Hicks, Gray's Inn.

Thomas White and Sons.
L. H. Hicks, Gray's Inn.

Westmacott, Blake, and Blake.
Hanrott and Son, 29, Queen's Square. Wright and Kingsford.
G. Helder, 38, Great James Street.

Willan and Stevenson, 35, Bedford Row.
Henry W. Hewlett, 2, Raymond Buildings. George Weller.
Hore and Sons.

Edward T. Whitaker, 12, Lincoln's Inn George Marsh Harrison,

Fields.
James Hooker, 8, Bartlett's Buildings. T. M. Wilkin, 8, Furnival's Inn.
Isaacson and Alderson.

George Whiting.
Janson and Cooper.

Henry Weeks. Julius and Cameron, Buckingham Street. Thomas Walker. Keightley, Cunliffe, and Beaumont.

J. L. Wright. Thomas Kennedy.

Philip J. Wingfield. Lyon, Barnes, and Ellis.

Thomas Wootton.

318 dúvances for Witnesses at a Trial.-Defective Practice in Ejectment. J. K. Wright, 25, Bedford Row.

gave his written undertaking at the foot of his Edward Williamson.

bill, filed with the officer of the Court, for the Edward E. Whitaker.

immediate liquidation of the items in question, Young and Vallings, St. Mildred's Court. | after the damages and costs had been reJos. Muskett Yetts.

covered. It will be said, probably, that such

an alteration in the system would open a door ADVANCES FOR WITNESSES AT A

for fraud; and that in many cases sums,

which had been allowed on the attorney's unTRIAL.

dertaking, would never, in fact, be paid, but

pocketed by the attorney, or his client. Is it To the Editor of the Legal Observer.

fair or just, however, towards an honourable Sir,-Some very painful questions have or liberal Profession, to allow the continuance lately arisen in the Courts, with regard to the of a great evil, because its remedy may occaexpenses of witnesses included in attorneys' sionally be abused ? It should also be borne bills under taxation, and which, though not in mind that the present system is open to paid, were alleged to have been paid. It has frauds and abuses, and that the change I have occurred to some gentlemen that the present suggested will afford the following checks upon mode of remunerating witnesses is faulty, and abuse: There will be the attorney's filed unmight be placed upon a better footing, so as dertaking-his responsibility to the Court-on at once to secure the proper payment to the the motion of his client-of the witnesses ; the witness, and relieve the attorney from the party paying the costs, of his attorney, and the hardship of disbursing moneys before he re-Law Society. What better protection can be ceives them, and which, having paid, he not had against abuse? It might in addition be unfrequently loses. A letter on this subject required from the attorney's undertaking, that was lately sent to me by a highly respectable the vouchers should be lodged with the solicitor, which contains a few remarks well Master within a reasonable time after the reworthy of consideration, and if they were sub-covery of the debt and costs. initted to your readers, they might serve to “Why should an attorney be placed on a difdirect the attention of the Profession to the serent footing to the merchant or trades man? utility of some change in the practice.

How absurd would it be to require either to S. vouch the payment by him for the article dealt

in, or for the materials or labour, before he “ It is of frequent occurrence in the taxation

could dispose of it, or recover the price and of costs on verdicts at Common Law, that diffi- value in an action at law. The law wisely conculties and trouble arise in vouching the items siders such claims as res inter alios acta and for witnesses' expenses and compensation for ignores them. loss of time, from the unwillingness of the party, or his attorney, to make the necessary payments in anticipation of the taxation of the

DEFECTIVE PRACTICE IN EJECTMENT. costs, and of their recovery under the judgment. The consequences are, in some cases,

To the Editor of the Legal Observer. a resort to some improper pretence of payment; Sir,-Can you, or any of your correspondand, on many occasions, a total loss by the party, ents, enlighten me upon the following point of or his respectable attorney, of sums advanced for practice in ejectment under the Common Law these purposes, from the inability of the suitor Procedure Act, which must be of very comto recover his damages and costs.

mon occurrence, but which appears to disclose “ This appears to me to be an evil requiring, a casus omissus." and capable of redress; for it affects the Public A., the plaintiff, brings ejectment against not less than the Profession. It can hardly be B., his lessee, and C. and D., under-tenants in expected that a respectable attorney will take possession of certain land; B. enters an ap up the case of a poor and humble client, who pearance and defends for the whole land as may have to contend with a dishonest party, landlord ; C. and D, enter no appearance and or one of doubiful means, when the result may do nothing. Is it necessary that judgment be, that he must either out of his own pocket should be signed against C. and D. by default? defray the expenses of witnesses, with the risk The old practice was, to sign a judgment of not being reimbursed, or place himself in against the casual ejector in such a case, and the doubtful position of repudiating the wit-execution was restrained till the question was nesses' claims upon him,-or of being unable decided with the landlord; but the forms of to secure their attendance at the trial from the judgment given in Schedule A. of the Comwant of means,-or, having induced them somon Law Procedure Act evidently contemto attend, of omitting the only means (the plate no such proceeding. It is submitted pre-payment of their expenses, &c.) of secur- that the intention of the Legislature was, that ing the chance of reimbursement.

no judgment should be signed, except against “Why should it be a sine qua non in the taxa- the party making defence, yet there appears tion of costs, that the actual payment of every nothing to prevent C. aud D. entering an apitem charged out of pocket should be vouched pearance, even after a verdict against B., and before the Taxing Master gives his allocatur? tutting A. to the expense and delay of another Why should it not suffice, that the attorney | prial.

Notes of the Week.-Superior Courts : Court of Appeal.

319 It is suggested that the difficulty would be should be prepared and in readiness to be met by the Judges adding a rule in ejectment forwarded. prohibiting an appearance after the 16 days limited by the writ without an order of the

S We yet hope the Government will have the Judge made on special circumstances shown. credit of performing an act of common justice,

Lincoln's Inn. in carrying out the decision of the late Parlia

ment, unequivocally expressed on five several NOTES OF THE WEEK. divisions.

LAW APPOINTMENTS. REMOVAL OF THE COURTS FROM WEST. MINSTER.

The Attorney-General has nominated Mr. Lord Robert Grosvenor has given notice of

John Wickens and Mr. Thomas Hull Terrell to

represent him in Equity, in the matters relathis intention to present a petition from the In- ing to Public Charities. The Right Hon. corporated Law Society, for the removal of the Gentleman has also selected Mr. Alfred HanCourts of Law from their present site to a more son to be Counsel in Equity to the Board of convenient locality.

Works, and to the Commissioners of Stamps

and Taxes. The above offices are vacant by A deputation from the Council of the So- the appointment of Mr. W. M. James to the ciety attended his Lordship last week, and we office of Vice-Chancellor of the Duchy of Lanare glad to learn that he very cordially supports caster in the room of Mr. Bethell, her Ma. the application, as well for the sake of the con- | jesty

jesty's Solicitor-General. venient administration of justice, as for the im

COLONIAL LAW APPOINTMENTS. provement of the centre of the metropolis, in The Queen has been pleased to make the which the new Palace of Justice is proposed to following appointments for the Colony of Vicbe placed.

toria, viz., Edward Eyre Williams, Esq., to be

second Puisne Judge of the Supreme Court; REPEAL OF THE ANNUAL CERTIFICATE William Foster Stawell, Esq., to be her . TAX.

Majesty's Attorney. General ; James Croke, At present the motion of Lord R. Gros.

Esq., to be her Majesty's Solicitor-General ;

Henry Field Gurner, Esq., to be Crown venor, for leave to bring in the Bill to repeal Solicitor; Robert Williams Pohlman, Esq., the Certificate Duty, stands for Tuesday, the to be Cominissioner of the Court of Re1st March. It is rather late on the list of quests and Chairman of General and Quarter the day, but we shall be able in our next

Sessions ; Frederick Wilkinson, Esq., to be

Master in Equity of the Supreme Court, and Number to give some further information on Chief Commissioner of Insolvent Estates.-the subject. In the mean time, petitions From the London Gazette of 15th of February.

RECENT DECISIONS IN THE SUPERIOR COURTS

AND SHORT NOTES OF CASES.

Court of Appeal.

dence on its mere production from the proper Baillie v. Jackson. Feb. 15, 16, 1853.

custody, and no statute exists which renders

its contents provable by means of a copy, any ENROLMENT OF DEED IN ST. VINCENT.-Icopy thereof or extract therefrom shall be ad

VERIFICATION OF SIGNATURE OF REGIS- missible in evidence in any Court of Justice," TRAR OF COURTS.

“provided it be proved to be an examined copy Held, that it was necessary to prove the or extract, or provided it purport to be signed

authenticity of the signature of the regis. and certified as a true copy or extract by the trar of the Courts at St. Vincent to his' officer to whose custody the original is incertificate of the due enrolment of a deed of trusted ;” and to the 15 & 16 Vict. c. 86, s. 22, conreyance, under the 14 g. 15 Vict. c. 99, which provides, that “the Judges and other

s. 14, and the 15 d. 16 Vict. c. 86, s. 22. officers of the said Court of Chancery shall In this case, the enrolment of a deed of con. take judicial notice of the seal or signature, as veyance in the Courts at St. Vincent was proved the case may be, of any such ”“person” “atby the certificate of the registrar of those Courts, tached, appended, or subscribed to any such and a question arose, whether it was necessary pleas,” &c., “or other documents to be used in to prove the authenticity of his signature. the said Court.”

Smythe now applied, by the direction of The Court held, that a document signed by Vice-Chancellor Stuart, and referred to the 14 the registrar was not one of which, according to & 15 Vict. c. 99, s. 14, which enacts, that the Act, judicial notice could be taken, and that “ whenever any book or other document is of the certificate was not receivable in evidence. such a public nature as to be admissible in evi

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