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, who require their attendance elsewhere. That in numerous instances daily appointments before the Common Law Judges at Chambers, and before the Masters and Registrars in Chancery, and other engagements of an urgent nature are rendered ineffectual through the absence of professional men, who, at the very moment, are probably waiting, unoccupied, at Westminster. joining Westminster Hall, which in some measure answered the purpose, but it was destroyed at the fire of the Houses of Parliament. That the deficiencies of the Courts of West minster Hall, the want of more extended accommodation, and the impossibility of obtain ing any additional space of ground, together with the inconveniences attending that site, have suggested the construction of new Courts 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 hoped for under existing circumstances. That the Equity Judges recently appointed have no adequate Courts at Westminster. That instead of two Courts, which were formerly deemed sufficient, there must now be six, including the Courts of the Lords Justices and Vice Chancellors. That, according to the evidence before the Committee of the House of Commons, in 1845, no sufficient space can be found adjoining Westminster Hall for such new Courts even if the erection of Courts there were desirable, without interfering with and materially prejudicing the designs for the New Houses of Parliament. That the internal arrangements of the Common Law Courts, more especially of the Queen's Bench, do not afford to the suitors and their witnesses sufficient space;-to the attorneys, convenient access to counsel;-or to the public, that accommodation which it is essential to the administration of justice they should possess. That the Common Pleas has no suitable Court for the trial of causes during Term. That the Practice Court of the Queen's Bench and the Inner Court of Exchequer are used for trials at Nisi Prius, but are much too small, and are, when crowded, in a very unwholesome state. That the Courts are deficient in all accessary rooms for counsel and their clients. That consultations involving important interests are frequently held in the passages and avenues of the Courts; in the Robing Room; or a room in which there are three or four consultations going on at the same time and often the consultations of adverse parties. That the only places of waiting for jurymen, witnesses, and parties in attendance, are the Great Hall, and the passages of the Courts. That attorneys are obliged to hire rooms for their witnesses at the neighbouring coffeehouses otherwise at all seasons they have to walk about the hall, without a seat and without! the means of refreshment. That the attorneys have no room to which they can retire to prepare any document requisite at the moment or to answer letters. and 1845, show the inconvenience of the present Courts and the necessity of new ones, more in number and more commodious, and the impossibility of re-constructing the present Courts at Westminster. The evidence also proves that there is no site in juxta-position with Westminster Hall for the erection of new Courts, whilst the present site might be usefully appropriated in connexion with the Houses of Parliament. That the proposed site in the centre of the metropolis is conveniently situated between the Temple and Lincoln's Inn,-having the Strand on the south, Carey Street on the north, Chancery Lane on the east, and Clement's Inn and New Inn on the west, on the borders of the cities of Westminster and London. That the clearance of the lanes and alleys within that area, would be of vast advantage to and greatly improve the neighbourhood. That the centre of the proposed quadrangle would be occupied with the new Courts and offices-the Strand and part of Fleet Street would be widened to 100 feet; Carey Street to 60 feet; and uniting with the intended new street into the city of London from the Record Office now in course of erection on the Rolls' Estate in Chancery Lane. That building leases might be granted for chambers on the east and west sides of the Courts, the ground-rents of which would defray nearly one-half the price of the whole ground. That the rents of the present offices of all the Courts which it is proposed should be brought under the roof of the new Courts, would be available also to a large extent, in reduction of the purchase of the site. That the number of the registrars and their clerks, including those of the AccountantGeneral, being largely increased of late years, proportionate accommodation for the despatch of their important functions is required, all of which might be advantageously provided for in the proposed building. That in the Act recently passed for abolishing the Masters' Offices in Chancery, the Lord Chancellor is empowered to cause a set of chambers in Lincoln's Inn to be taken for each s 5 336 Removal of the Courts.-United Law Clerks' Society. of the four Judges for carrying on the Chamber business, until Courts with proper rooms attached can be provided for them; and the expense of these several sets of chambers might be saved by including them in the new building. And that in fact the business at the Chambers of the Equity Judges under the recent Statutes, cannot be satisfactorily conducted whilst the Judges sit at Westminster. The following estimate of the expense of the proposed measure is submitted to the consideration of your honourable House: Cost of the site, about 700 feet by 480 feet, or 7 acres Estimate of the proposed Courts combined with the Common Law and Equity Offices, now scattered in various localities . £300,000 To which add for approaches, foundations, sewerage, warming and ventilating, fire-proofing, gas, and water services, fittings, fixtures, furniture, and decorations, &c. Contingent and incidental charges. 180,000 42,000 And the value of the Rolls offices Making the sum of Leaving the ultimate cost of the site and building amounting to .673,574 That in order to provide for this outlay, your Petitioners beg leave to suggest that such portions thereof as your Honourable House may deem proper should be paid out of the following funds: 1. The accumulation of surplus interest £675,074 arising from Stock purchased with the Suitors' money, not directed to be invested, (and to which interest they have no legal claim,) amounting to 1,241,188l. Stock. 522,000 1,197,074 2. The sum of 201,0287. Stock, the accumulated surplus of the Suitors' Fee Fund since 1833, after paying all the charges thereon. 3. The surplus fees paid into the Treasury to the Consolidated Fund since the 1st January, 1838, under the Vict. c. 30, amounting to nearly half-a-million, and though out of those receipts the pensions and compensations al lowed to the holders of abolished offices have been paid, it is submitted that pensions or compensations granted on effecting alterations 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. Your Petitioners therefore humbly pray that your Honourable House will take this very important subject into your early con sideration, with a view to the adoption of such measures for the erection of new buildings for the accommodation of the Judges, the Bar, the Solicitors and Suitors, and generally for the more convenient administration of justice, as to your Honourable House may seem meet, and your Petitioners will ever pray, &c. L. S. UNITED LAW CLERKS' SOCIETY. 376,500 820,574 RECENT DONATIONS. AN advertisement in our last Number contained a List of further Donations to the United Law Clerks' Society, and amongst them appeared a munificent one of 50l., from Mr. Lewis of Raymond Buildings. We gladly insert a copy of Mr. Lewis' letter, showing the high opinion he entertains of the utility of the Society, and we may add, that these acts of benevolence should not pass unrecorded, when we recollect how illiberally and unfairly the members of the Profession have too often been treated. The Committee have had numerous instances of consideration and kindness under their notice, but have rarely an opportunity to make them known. The following is the letter:- United Law Clerks' Society.-Manchester Law Association. "6, Raymond Buildings, "DEAR SIR,-Observing your name as one of the Trustees of the United Law Clerks' Society, I take the liberty of forwarding to you my cheque for 50l., as a Donation to that Institution. a “It is proper to add, that this is a part of sum received as compensation for serious injuries sustained by Mrs. Lewis and myself, by the collision on the Brighton Railway, on the 1st ultimo, which we are desirous of appropriating to charitable purposes, and I know no charity more deserving of support from the Profession of which I am a member, than the "United Law Clerks' Society," which I trust will long continue to prosper. "Believe me to be, (Signed) 66 Yours faithfully, "John Wm. Willcock, Esq., Q. C." MANCHESTER LAW ASSOCIATION. THE Annual General Meeting of the members of the Association was held on Wednesday, the 12th day of January, 1853, at their rooms, No. 4, Norfolk Street, when an account of the receipts and disbursements (previously audited by two of the members) was submitted and passed. The proceedings of the Society, for the last year, were stated in the following Report which was read by the Honorary Secretary, and unanimously adopted: "The Committee of the Manchester Law Association, in presenting the following Report of their proceedings during the past year, have to call the attention of the members of the Association to the very important changes in the Law which have taken place. 66 Early in the late Session of Parliament your Committee received copies of various Bills, including particularly the Common Law Procedure Amendment Bill, the Suitors in Chancery Relief Bill, the Law of Wills' Amendment Bill, the County Courts' Further Extension Bill, and the Law of Patents' Amendment Bill, all of which have since become Law, and occasioned alterations in the practice and procedure of the several Courts of Law and Equity, greater than any which have taken place in modern times. 66 'Your Committee suggested various amendments to render the working of the Bills, when carried into Law, practically more efficient. "The Law of Wills' Amendment Act will, it is believed, give great security to persons deriving benefits from testamentary dispositions of property, and guard against the mischievous consequences of certain decisions by the 337 Ecclesiastical Courts, the effect of which have 66 Your Committee again supported the attempt made to obtain a repeal of the Certificate Duty, which they at one time hoped would have taken place during the last Session, but the determination of her Majesty's Ministers, as subsequently expressed, not to propose any alteration in the fiscal system of the country, prevented the accomplishment of that object. "Your Committee have to thank Lord Ro bert Grosvenor for the interest he has taken in the subject, and to notice the great efforts constantly made by the Council of the Incorporated Law Society, and by the Metropolitan and Provincial Law Association, but are sorry that they have not received that support from some of the members of Parliament for this locality which the justice of the case demands. "Your Committee have further to report that having heard that an uncertificated attorney in Manchester, had given notice of his intention to apply for a renewal of his certificate; they felt it their duty to send to the Secretary of the Incorporated Law Society affidavits which had the effect of preventing the intended application being made. "Your Committee have also had charges against persons under the name of agents, practising as attorneys and conveyancers; some of which charges have been under the consideration of your Committee, and will form a subject of consideration for their successors in office. "Your Committee were, in August last, invited by the secretary to the five County Court Judges, appointed to frame a scale of costs, to be received by attorneys, under the powers of the Act passed during the last Session of Parliament, to offer suggestions on that subject; they took the same into consideration, and communicated with Law Societies in other towns; and one of your Committee subsequently attended in London as a deputation, and met deputations from various other Law Societies, when a scale of costs was unanimously agreed upon; and at an interview which, on that occasion, took place with the Judges, this scale was submitted, and, as your Committee believes, met with their general approbation. "The attention of your Committee has been directed to the various and conflicting constructions which have been recently put upon the last Stamp Act by the Commissioners of Inland Revenue and their solicitor, in cases 338 Manchester Law Association-Annual General Meeting. "The understanding of all parties taking any active interest in the measure, appeared to be that a full inquiry should be instituted into the commercial laws of each country, and an impartial selection taken from those which should be considered the best to be generally adopted, and that when such selection should be made, the sanction of the Legislature should be obtained, so that a uniform law should govern all the commercial affairs of the United Kingdom. A deputation from the Conference had a long and satisfactory interview with the Earl of Derby (then the first Minister of the Crown), and your Committee believe that the objects of the Society will in the result be carried out. 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 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 1007. paid, and Britain and Ireland, and by several members of a rent of 801. per annum limited to the ven- of both Houses of Parliament. dor in fee; it was stamped with a 10s. stamp, being the ad valorem duty on the gross sum paid, and with the proper progressive duty stamps. On its being presented at the Stamp Office, along with a duplicate to have the usual denoting stamp affixed to the latter, the solicitor of the Commissioners objected that the original required a 17. 15s. stamp in addition to the ad valorem stamp. The deed was then submitted to the Commissioners for their opinion as to the proper stamp duty, under the 14th section of the Act 13 and 14 Vict. c. 97. The Commissioners took a new view of the question, stating that as the deed contained a covenant for the payment of the 801. rent it was liable to a 27. stamp, under the head of covenant 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 lawere 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 bills 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. Inland Revenue that the amount of duty involved being so very trifling, and the point one of not much importance and by no means clear, he should recommend to the Board that the duty in dispute, with the costs deposited, should be returned without putting the applicants to the expense of going to the court. On this being communicated to the Committee, they passed a resolution requesting the applicants to urge upon the solicitor of Inland Revenue the great importance in this district of the question involved, and the desirableness of having it determined by a positive decision. On again applying to the office accordingly, it was stated that the Commissioners decided that the deed was rightly stamped, and any litigation on the subject was therefore out of the question, and the deed was subsequently returned (stamped as when sent up) with the adjudication stamp of the Commissioners affixed, declaring it to be rightly stamped. Great as have been the changes during the last few years, it is clear that greater alterations are contemplated; and your Committee rely with confidence on their successors to suggest improvements, and by an earnest endeavour to promote practical usefulness in the administration of justice, render the Association an important auxiliary in effecting wise and comprehensive measures of Legal Reform. Since the foregoing part of this report was prepared, the resignation of two of the chief officers of the Association has been received, namely, that of Mr. Whitlow, who has acted as treasurer since the formation of the Association; and that of Mr. Street, who has acted as honorary secretary for the last four years. "Your Committee deeply regret that Mr. Whitlow has been compelled, from indisposi tion, to retire from the office of treasurer; and that the Association will be deprived of the 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.-Superior Courts: Lord Chan.-Lords Justices. 339 "Your Committee are happy to announce that they have prevailed upon Mr. Street to accept the office of treasurer, and that Mr. Charles Gibson has very kindly consented to accept the important office of honorary secretary for the ensuing year." The following gentlemen were elected the officers and Committee of the Society for the ensuing year: - President-Mr. John Barlow. Street, City, Attorneys and Solicitors, (so far Richardson, Henry Marriott, and George Marsland, Bolton-le-Moors, Attorneys, Solicitors, and Conveyancers. Feb. 8. PERPETUAL COMMISSIONERS. Vice-Presidents-Mr. G. B. Withington, Appointed under the Fines and Recoveries' Act, Manchester; Mr. W. D. Nicholl, Altrincham. Honorary Secretary-Mr. Charles Gibson. Vice-Chairman-Mr. Francis Robinson. with dates when gazetted. Edwards, Thomas Gold, Denbigh, in and for the County of Denbigh, also in and for the County of Flint. Jan. 25. Prall, Richard, Rochester, in and for the County of Kent. Jan. 28. NOTES OF THE WEEK. GENERAL REGISTER OF DEEDS. THE Lord Chancellor's Bill for establishing a General Register of Deeds in London, has been printed. It is for the most part in the same form as the last Bill after it left the Select Committee of the Lords and went through a Committee of the House. We shall call early attention to its principal provisions. REGISTRATION OF TITLES. Mr. Henry Drummond's Bill for Registering Titles and facilitating the Transfer of Land, has also been printed, but contains little or no improvement on the plan of its predecessor. LAW APPOINTMENT. Bullivant, George Haslehurst, and John Warin 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 linson, Horsham, Attorneys and Solicitors. Feb. 11. Gem, Roger Williams, jun., and William Docker, Birmingham, Attorneys and Solici Acts; the said Nathan Wetherell did, on the 16th February, 1853, make a declaration before Sir Thomas Noon Talfourd, Knight, one of the Judges of her Majesty's Court of Common 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. tors. Jan. 28. RECENT DECISIONS IN THE SUPERIOR COURTS, |