Page images

Removal of the Courts - Petition of the Incorporated Law Society. 335 day to the interruption of their own professional That formerly there was a coffee-house adduties, and to the great inconvenience of others, joining Westminster Hall, which in some meawho require their attendance elsewhere. sure answered the purpose, but it was destroyed

That in numerous instances daily appoint- at the fire of the Houses of Parliament ments before the Common Law Judges at That the deficiencies of the Court of West Chambers, and before the Masters and Regis- minster Hall, the want of more extended aetrars in Chancery, and other engagements of commodation, and the impossibility of obtain an urgent nature are rendered ineffectual ing any additional space of ground, together through the absence of professional men, who, with the inconveniences attending that site at the very moment, are probably waiting, un- have suggested the construction of new Courts occupied, at Westminster.

and offices, and that they should be in the That the aggregate of expense and loss neighbourhood of the Inns of Court-the arising in various ways from these hindrances whole united under one roof, combining in the in the way of justice, and of the general busi- same building, accommodation for the whole ness of the law, would show, that the erection of the officers, both of the Court of Chancery of new Courts in what may properly be termed and of the Common Law Courts, and greatly the Law District, would be a measure of public facilitating the transaction of business. economy, besides being calculated to lead to That the evidence before the Select Comincreased facilities and expedition in the prac- mittees of your Honourable House in 1840 tice of the Courts, far beyond what can be and 1845, show the inconvenience of the prehoped for under existing circumstances. sent Courts and the necessity of new ones,

That the Equity Judges recently appointed more in number and more commodious, and have to adequate Courts at Westminster. the impossibility of re-constructing the present

That instead of two Courts, which were for Courts at Westminster. merly deemed sufficient, there must now be six, The evidence also proves that there is no including the Courts of the Lords Justices and site in juxta-position with Westminster Hall ViceChancellors.

for the erection of new Courts, whilst the preThat, according to the evidence before the sent site might be usefully appropriated in conCommittee of the House of Commons, in 1845, nexion with the Houses of Parliament. no sufficient space can be found adjoining That the proposed site in the centre of the Westminster Hall for such new Courts even if metropolis is conveniently situated between the the erection of Courts there were desirable, Temple and Lincoln's Inn,-having the Strand without interfering with and materially pre- on the south, Carey Street on the north, Chanjudicing the designs for the New Houses of cery Lane on the east, and Clement's Inn and Parliament.

New Inn on the west, on the borders of the That the internal arrangemenis of the Com- cities of Westminster and London. mon Law Courts, more especially of the Queen's That the clearance of the lanes and alleys Bench, do not afford to the suitors and their within that area, would be of vast advantage witnesses sufficient space;—to the attorneys, to and greatly improve the neighbourhood. convenient access to counsel ;-or to the pub. That the centre of the proposed quadrangle lic, that accommodation which it is essential would be occupied with the new Courts and to the administration of justice they should offices—the Strand and part of Fleet Street possess.

would be widened to 100 feet ; Carey Street to That the Common Pleas has no suitable 60 feet; and uniting with the intended new Court for the trial of causes during Term. street into the city of London from the Record

That the Practice Court of the Queen's Office now in course of erection on the Rolls' Bench and the Inner Court of Exchequer are Estate in Chancery Lane. used for trials at Nisi Prius, but are much too That building leases might be granted for small, and are, when crowded, in a very un- chambers on the east and west sides of the wholesome state.

Courts, the ground-rents of which would deThat the Courts are deficient in all accessary fray nearly one-half the price of the whole rooms for counsel and their clients.

ground. That consultations involving important in- That the rents of the present offices of all terests are frequently held in the passages and the Courts which it is proposed should be avenues of the Courts; in the Robing Roon; brought under the roof of the new Courts, or a room in which there are three or four would be available also to a large extent, in reconsultations going on at the same time and duction of the purchase of the site. often the consultations of adverse parties. That the number of the registrars and their

That the only places of waiting for jurymen, clerks, including those of the Accountant. witnesses, and parties in attendance, are the General, being largely increased of late years, Great Hall, and the passages of the Courts. proportionate accommodation for the despatch That attorneys are obliged to hire rooms for of their important functions is required,-all of their witnesses at the neighbouring coffee- which might be advantageously provided for houses : otherwise at all seasons they have to in the proposed building. walk about the hall, without a seat and without That in the Act recently passed for abolishing the means of refreshment.

the Masters' Offices in Chancery, the Lord That the attorneys have no room to which Chancellor is empowered to cause a set of they can retire to prepare any document re. chambers in Lincoln's Inn to be taken for each quisite at the moment or to answer letters.


s 5


Removal of the Courts.-United Law Clerks' Society. of the four Judges for carrying on the Cham-1 And the value of the Rolls ber business, until Courts with proper rooms offices . . . . £12,000 attached can be provided for them; and the expense of these several sets of chambers might Making the sum of . . $147,000 be saved by including them in the new building. And that in fact the business at the Leaving the ultimate cost of the site Chambers of the Equity Judges under the re- and building amounting to . . 673,574 cent Statutes, cannot be satisfactorily conducted whilst the Judges sit at Westminster. | That in order to provide for this outlay, The following estimate of the expense of the

the your Petitioners beg leave to suggest that such

portions thereof as your Honourable House proposed measure is submitted to the consider-may deem proper should be paid out of the ation of your honourable House :

following funds :Cost of the site, about 700 feet by

1. The accumulation of surplus interest 480 feet, or 74 acres . . . £675.074 arising from Stock purchased with the Suitors' Estimate of the proposed

money, not directed to be invested, and to Courts combined with the

which interest they have no legal claim,) Common Law and Equity

amounting to 1,241,1881. Stock Offices, now scattered in

2. The sum of 201,0281. Stock, the accumuvarious localities . . £300,000

lated surplus of the Suitors' Fee Fund since To which add for ap

1833, after paying all the charges thereon. proaches, foundations, sew

3. The surplus fees paid into the Treasury erage, warming and ventilat

to the Consolidated Fund since the 1st January, ing, fire-proofing, gas, and

1838, under the I Vict. c. 30, amounting to water services, fittings, fix

nearly half-a-million, and though out of those tures, furniture, and decora

receipts the pensions and compensations altions, &c. . . . 180,000

lowed to the holders of abolished offices have Contingent and incidental

been paid, it is submitted that pensions or charges . . . . 42,000

compensations granted on effecting alterations --- 522,000

in the law for the benefit of the community at large, should be paid out of the Consolidated

Fund, and not by the Suitors of the Courts. Gross cost of site and building 1,197,074 Your Petitioners therefore humbly pray that

your Honourable House will take this very Deduct for the value of

important subject into your early conground - rents for cham

sideration, with a view to the adoption of bers to be erected on por

such measures for the erection of new tions of the proposed site,

buildings for the accommodation of the not immediately required for

Judges, the Bar, the Solicitors and Suitors, the new Courts and Offices,

and generally for the more convenient ad. to be leased for 75 years,

ministration of justice, as to your Honwith power reserved for re

ourable House may seem meet, and your purchasing or occupying the

Petitioners will ever pray, &c. L. S. chambers as offices attached to the Courts, if required . £316,500

UNITED LAW CLERKS' SOCIETY. And for the amount to be realised by the sale of the various offices of the Mas.

RECENT DONATIONS. ters, Record and Writ

An advertisement in our last Number conClerks, Registrars, Accountant-General, &c.

tained a List of further Donations to the . . 60,000

United Law Clerks' Society, and amongst them

appeared a munificent one of 501., from Mr. 820,574

Lewis of Raymond Buildings. We gladly inFrom this sum may ulti

sert a copy of Mr. Lewis' letter, showing the mately be deducted the value

high opinion he entertains of the utility of the of the rent which will be

Society, and we may add, that these acts of saved for the offices of the Taxing Masters and the Lu

benevolence should not pass unrecorded, when nacy Masters . . . £24,000

we recollect how illiberally and unfairly the Also the saying of rent

members of the Profession have too often been for the offices of all the Com

treated. The Committee have had numerous mon Law Courts, estimated at not less in value than . 25,000

instances of consideration and kindness under To which add the value

their notice, but have rarely an opportunity to of the present site of the

make them known. Courts at Westminster, 86,000

| The following is the letter :


United Law Clerks' Society:- Manchester Law Association.

337 “6, Raymond Buildings, Ecclesiastical Courts, the effect of which have

Gray's Inn, been to deprive many persons of their rights.

8th December, 1852. “The Law of Patents' Amendment Bill will, "DEAR SIR,--Observing your name as one

it is believed, be found entitled to the general of the Trustees of the United Law Clerks' So- approbation of the Profession. ciety, I take the liberty of forwarding to you

* Your Committee again supported the atmy cheque for 501., as a Donation to that In

it Inel tempt made to obtain a repeal of the Certificate stitution.

Duty, which they at one time hoped would "It is proper to add, that this is a part of a have taken place during the last Session, but sum received as compensation for serious in the determination of her Majesty's Ministers, juries sustained by Mrs. Lewis and myself, by as subsequently expressed, not to propose any the collision on the Brighton Railway, on the alteration in the fiscal system of the country,

t ultimo, which we are desirous of appropri prevented the accomplishment of that object. ating to charitable purposes, and I know no 2

no “ Your Committee have to thank Lord Rocharity more deserving of support from the Ibert Grosvenor for the interest he has taken Profession of which I am a member, than the

her than the in the subject, and to notice the great efforts “United Law Clerks' Society," which I trust

constantly made by the Council of the Incorwill long continue to prosper.

porated Law Society, and by the Metropolitan “ Believe me to be,

and Provincial Law Association, but are sorry “Dear sir,

that they have not received that support from “ Yours faithfully,

some of the members of Parliament for this “And very obediently,

locality which the justice of the case de(Signed)

“Wm. Lewis.


“ Your Committee have further to report "John Wm. Willcock, Esq., Q.C.

that having heard that an uncertificated attor

ney in Manchester, had given notice of his inMANCHESTER LAW ASSOCIATION. tention to apply for a renewal of his certificate;

they felt it their duty to send to the Secretary The Annual General Meeting of the mem- which had the effect of preventing the intended

of the Incorporated Law Society affidavits bers of the Association was held on Wednes- application being made. day, the 12th day of January, 1853, at their “ Your Committee have also had charges rooms, No. 4, Norfolk Street, when an account against persons under the name of agents, of the receipts and disbursements (previously

practising as attorneys and conveyancers;

some of which charges have been under the audited by two of the members) was submitted consideration of your Committee, and will and passed.

form a subject of consideration for their sucThe proceedings of the Society, for the last cessors in office. year, were stated in the following Report which

| “ Your Committee were, in August last, in

vited by the secretary to the five County Court was read by the Honorary Secretary, and una

Judges, appointed to frame a scale of costs, to nimously adopted :

be received by attorneys, under the powers of “ The Committee of the Manchester Law the Act passed during the last Session of ParAssociation, in presenting the following Report liament, to offer suggestions on that subject; of their proceedings during the past year, have they took the same into consideration, and to call the attention of the members of the As- communicated with Law Societies in other sociation to the very important changes in the towns; and one of your Committee subseLaw which have taken place.

quently attended in London as a deputation, “Early in the late 'Session of Parliament and met deputations from various other Law your Committee received copies of various Societies, when a scale of costs was unaniBills, including particularly the Common Law mously agreed upon; and at an interview Procedure Amendment Bill, the Suitors in which, on that occasion, took place with the Chancery Relief Bill, the Law of Wills' Judges, this scale was submitted, and, as your Amendment Bill, the County Courts' Further Committee believes, met with their general Extension Bill, and the Law of Patents' approbation. Amendınent Bill, all of which have since be- ' “ The attention of your Committee has been come Law, and occasioned alterations in the directed to the various and conflicting conpractice and procedure of the several Courts structions which have been recently put upon of Law and Equity, greater than any which the last Stamp Act by the Commissioners have taken place in modern times.

of Inland Revenue and their solicitor, in cases “Your Committee suggested various amend of conveyance on the sale of hereditaments for ments to render the working of the Bills, when a pecuniary consideration and a perpetual rent carried into Law, practically more efficient. reserved or limited to the vendor; several

“The Law of Wills' Amendment Act will, members of the Association have felt much init is believed, give great security to persons de convenience in consequence of the very novel riving benefits from testamentary dispositions and opposite decisions recently adopted at the of property, and guard against ibe mischiev. Stamp Office; and inasmuch as the gentlemen ous consequences of certain decisions by the l at the head of that department of the Revenue, 338

Manchester Law Association

Annual General Meeting.

state that they keep no record of their deci- viting the attendance of a deputation from this sions, and as no certainty therefore exists, that Association at a Conference, proposed to be their decision in one case will operate as a rule held in London, on the 15th, 16th, and 17th in another in which the facts may be precisely l of November last, to consider the Amendment analogous, your Committee undertook to pay and Consolidation of Commercial Law, and its the expenses, out of pocket, of an appeal to assimilation in England, Scotland, and Irethe Court of Exchequer in a case recently land; and your Committee appointed the Prebrought before them, considering that it is a sident of the Association, who accordingly atquestion of great practical importance in Man-tended as a deputation at that Conference, chester and the neighbourhood, and that a de- which was also attended by several gentlemen, cision upon it ought at once to be obtained. representing Legal and Commercial AssociaIn the case referred to, the conveyance was in tions of most of the commercial towns in Great consideration of a gross sum of 1001. paid, and Britain and Ireland, and by several members of a rent of 80l. per annum limited to the ven- of both Houses of Parliament. dor in fee; it was stamped with a 10s. stamp,l “ The understanding of all parties taking being the ad valorem duty on the gross sumany active interest in the measure, appeared to paid, and with the proper progressive duty be that a full inquiry should be instituted into stamps. On its being presented at the Stamp the commercial laws of each country, and an Office, along with a duplicate to have the usual impartial selection taken from those which denoting stamp affixed to the latter, the soli-should be considered the best to be generally citor of the Commissioners objected that the adopted, and that when such selection should original required a 1l. 158. stamp in addition be made, the sanction of the Legislature should to the ad valorem stamp. The deed was then be obtained, so that a uniform law should submitted to the Commissioners for their opi-l govern all the commercial affairs of the United nion as to the proper stamp duty, under the Kingdom. A deputation from the Conference 14th section of the Act 13 and 14 Vict. c. 97. had a long and satisfactory interview with the The Commissioners took a new view of the Earl of Derby (then the first Minister of the question, stating that as the deed contained a Crown), and your Committee believe that the covenant for the payment of the 801, rent it was objects of the Society will in the result be carliable to a 21. stamp, under the head of cove- ried out. nant in the above Act, being the same duty as “ Your Committee cannot, without entering on a bond for the payment of any annuity or much into detail, give a report of all matters money as stated periods (not being interest nor which have engaged their attention during the rent on a lease) for the term of life or other in- year in which the affairs of the Association definite period. Against this opinion it was have been confided to their care, but the memdetermined to appeal, and the Commissioners bers will be able to form an opinion of the la: were therefore applied to, to state a case for the bours of the Committee, from the great and opinion of the Court of Exchequer; under the important changes in the law which have been 15th section of the Act; such application was effected during their year of office. It has accordingly made in the middle of September been the anxious desire of your Committee, by last, and after pressing repeatedly for the case, a careful perusal of the various hills submitted the applicants, on the 5th of November, re- to Parliament affecting the law, to render them ceived a communication from the solicitor of of advantage to the public. Great as have Inland Revenue that the amount of duty in- been the changes during the last few years, it volved being so very trifling, and the point one is clear that greater alterations are contemof not much importance and by no means plated ; and your Committee rely with con clear, he should recommend to the Board that dence on their successors to suggest improvethe duty in dispute, with the costs deposited, ments, and by an earnest endeavour to proshould be returned without putting the appli-mote practical usefulness in the administration cants to the expense of going to the court. On of justice, render the Association an important this being communicated to the Committee, auxiliary in effecting wise and comprehensive they passed a resolution requesting the appli- measures of Legal Reform. cants to urge upon the solicitor of Inland “Since the foregoing part of this report was Revenue the great importance in this district prepared, the resignation of two of the che of the question involved, and the desirableness officers of the Association has been received; of having it determined by a positive decision.namely, that of Mr. Whitlow, who has actes On again applying to the office accordingly, it as treasurer since the formation of the Asso, was stated that the Commissioners decided ciation; and that of Mr. Street, who has acted that the deed was rightly stamped, and any li- as honorary secretary for the last four years, tigation on the subject was therefore out of the “ Your Committee deeply regret that Mr. question, and the deed was subsequently re- Whitlow has been compelled, from indisposi; turned (stamped as when sent up) with the tion, to retire from the office of treasurer; and adjudication stamp of the Commissioners that the Association will be deprived of the affixed, declaring it to be rightly stamped. valuable services of Mr. Street, as honorary,

“Your Committee have to report that they secretary, who has resigned in consequence of received a circular signed by Lord Harrowby, other engagements which have devolved upon as chairman of the Committee of the Society him, and which, in his opinion, are not comfor Promoting the Amendment of the Law, in patible with an efficient discharge of the duties

incident to the office.


Professional Lists.-Notes of Week.Supërior Courts: Lord Chan.-Lords Justices. 339

“Your Committee are happy to announce Street, City, Attorneys and Solicitors, (so far that they have prevailed upon Mr. Street to as regards the said John Johnston.) Jan. 28. accept the office of treasurer, and that Mr. Humfrys, William, and Joseph Robinson, Charles Gibson has very kindly consented to Hereford, Solicitors. Feb. 11. accept the important office of honorary secre | Richardson, Henry Marriott, and George tary for the ensuing year.”

Marsland, Bolton-le-Moors, Attorneys, SoliciThe following gentlemen were elected the tors, and Conveyancers. Feb. 8. officers and Committee of the Society for the ensuing year :

President-Mr. John Barlow.
Vice-Presidents-Mr. G. B. Withington, “

Appointed under the Fines and Recoveries' Act, Manchester ; Mr. W. D. Nicholl, Altrincham.

with dates when gazetted. Treasurer-Mr. James Street.

Edwards, Thomas Gold, Denbigh, in and Honorary Secretary-Mr. Charles Gibson. for the County of Denbigh, also in and for the

Committee-Mr. J. P. Aston, Mr. T. Baker, County of Flint. Jan. 25. Mr. James Barratt. Mr. J. E. Beever. Mr. T. Prall, Richard, Rochester, in and for the P. Bunting, Mr. William Burdett, Mr. H. County of Kent. Jan. 28. Charlewood, Mr. R. B. B. Cobbett, Mr. E. C. Faulkner, Mr. Samuel Fletcher, Mr. Wolley Foster, Mr. Wm. Foyster, Mr. James Gill, Mr.

NOTES OF THE WEEK. George Hadfield, jun., Mr. Isaac Hall, Mr. Stephen Heelis, Mr. Wm. Heron, Mr. Jos. GENERAL REGISTER OF DEEDS. Janion, Mr. Thomas Neild, Mr. William Nor | The Lord Chancellor’s Bill for establishing ris, Mr. W. H. Partington, Mr. Fras. Robin-la General Register of Deeds in London, son, Mr. John Speakman, Mr. John Sudlow,

Thos. Taylor, (Norfolk-street.) Mr. Fred' been printed. It is for the most part in the Thomas, Mr. J. B. Vickers, Mr. W. L. Weish. I same form as the last Bill after it left the Select Mr. R. M, Whitlow, and Mr. John Wilson. Committee of the Lords and went through a

Chairman of the Committee-Mr. W. L. Committee of the House. We shall call early Welsh. Vice-Chairman-Mr. Francis Robinson.

attention to its principal provisions.


Mr. Henry Drummond's Bill for Registering DISSOLUTIONS OF PROFESSIONAL PART- Titles and facilitating the Transfer of Land, NERSHIPS.

has also been printed, but contains little or no From 21st Jan., to isth February, 1853, both improvement on the plan of its predecessor.

inclusive, with dates when gazetted. Bullivant, George Haslehurst, and John

LAW APPOINTMENT. arın Willders, 2, Old Bailey, London and The Copyhold Commissioners having, on Whittlesey, in the Isle of Ely, Attorneys and the 3rd February, 1853, appointed Nathan Solicitors. Feb. 15.

Wetherell, Esq., Barrister-at Law, to be an AsCoppard, Thomas, and John Turner Raw.sistant Commissioner under the Copyhold nson, Horsham, Attorneys and Solicitors. Acts; the said Nathan Wetherell did, on the

16th February, 1853, make a declaration before Gem, Roger Williams, jun., and William Sir Thomas Noon Talfourd, Knight, one of the Docker, Birmingham, Attorneys and Solici. Judges of her Majesty's Court of Common tors. Jan. 28.

Pleas, for the due execution of his duties under Hollingsworth, Nathaniel. Charles Rich the said Acts.-From the London Gazette of Tyerman, and John Johnston, 24, Gresham | 18th February.

Feb. 11.



Lord Chancellor.

Application granted for leave to a married Feb. 16:- Attorney-General v. Sheffield Gas woman to present a petition under 2 & 3 Consumers' Company — Bill and information Vict. c. 54. for access to her infant childismissed, without costs.

dren, in formâ pauperis, without a next - 16, 19.-In re Fussell-Part heard.

friend, where she was living separate from

her husband, and the 11. stamp on the peLords Dustices.

tition was dispensed with, upon the usual Exparte Hakewell. Feb. 21, 1853.

affidavit. MARRIED woman. - PETITION IN FORMAL This was an application by the direction of PAUPERIS.-.FOR ACCESS TO HER CHIL

1Vice Chancellor Kindersley, for an order to en

able Mrs. Hakewell, who was living apart from DREN.

« EelmineJätka »