370

Registration of Assurances' Bill-Debate on the Second Reading.

same

3,000l. and upwards.
From 2,000l. to 3,000l.
From 1,000l. to 2,000l.
500l. to 1,000l.

of the law. He was anxious for the en-conveyances and 450 mortgages, transacted franchisement of copyholds, and the com- by my firm in the last three years, exhibits the mittee were unanimously of the following per-centage proportion:opinion with him; but, as I was walking away from the committee with him, Sir R. Peel said to me,- We shall pass this bill in the Commons, but you will have great difficulty in getting it through the Lords, for the Lords are generally under the do"I hope," minion of their stewards.' said Lord Campbell, "that your lordships are now emancipated, and that you will pass the Bill now before the house."

It would, of course, be impossible to doubt the accuracy of the noble and learned " historian's" recollection, but it does strike those who had the late Sir Robert Peel's confidence, as somewhat extraordinary that an observation, so much at variance with Sir Robert Peel's ordinary sentiments, should have been made to one who did not enjoy either the political or the private friendship of that distinguished

statesman.

Conveyances. Mortgages.

4

30

26

9

10

14

10

4007, to

500l.

9

12

From
From

3001, to
2001. to
100l. to

From
From

From
Under 100l.

It appears, therefore, that of conveyances 70 per cent., and of mortgages 74 per cent., are of the conveyances, and 98 per cent. of the under 500l. I may add, that in 40 per cent. mortgages, we were concerned for both parties. The prevalence of this practice diminishes so much the expense and delay that the increase of both, resulting from registration, will be out of all proportion to the present amount. In these cases, the cost of the conveyances under Passing from the temper and spirit of 500l. has been from 21. to 77., and of mortthe debate to the substance of the Bill sub-gages from 11. to 6l., in proportion to the amount, exclusive of stamps. There is nomitted to Parliament, we are not sorry to thing in the proposed system of registration find it now admitted, that however it may which will subtract 1s. from these minor conaffect large estates, it will inevitably in- veyances and mortgages, and every proceeding crease the expense upon small transactions. under it will be an addition of labour and exLord St. Leonards read a communication, pense. I have carefully computed the exbearing on this part of the question, received from Mr. Green, a solicitor at Bury St. Edmunds, which we make no apology for copying in extenso, as it puts the matter in a concise and practical point of view. We are indebted for this extract to the report published in the Morning Chronicle:

penses which must be incurred on every occasion, and cannot make them less than ́57. on every conveyance, and 47. 10s. on every mortgage, exclusive of registrar's fees, and assuming that printed forms, and every facility, will be provided. And in the case of a mortgage, there will be at least half the same expense incurred in clearing it from the register on its discharge; and these processes can never be "The counsel and eminent London solici- waived, but must invariably be pursued in tors, who alone appear to have been consulted every transaction, great and small. But the on this subject, have little conception of the expense, great as it is, will not be the only, or number and minuteness of the transactions with even the principal objection. A considerable which the general practitioner is conversant, and indefinite amount of delay must be occaand of the effect which would be produced by sioned. Delay in mortgage transactions is of the additional expense and delay of registration. great moment. Of the 70 per cent. of mortThese would not be proportioned to the amount, gages under 500l., I venture to say that half but would attach themselves without distinc- were prepared and executed within a week tion on every transaction. A difference in the from the application for the money, and many rate of registration fees can be a question of of them on the same day. Equitable mortonly a few shillings; the real burden lies in gages or memoranda with deposit of title deeds those multitudinous details which rest with the are invariably completed on the same day, and solicitor, and which will be exactly as trouble- are commonly managed by bankers in the some in the smallest as in the largest transac country without the interposition of a solicitor. tion. It is important to exhibit the proportion This would now be impossible. In the case of small and large transactions as ascertained of mortgages and conveyances in general, the by actual experience. I believe that the busi- time occupied in searches and subsequent reness of my firm represents rather a higher pro-gistration of the deed cannot be much less. portion than the average business of the king-than 14 days."

dom, for, while the great London offices have many larger transactions, the great body of The information at our command rather practitioners have fewer transactions above leads to the conclusion, that Mr. Green, in 500l. Yet an examination of upwards of 300 this communication, has understated the

Registration of Assurances' Bill.—New Trials in Criminal Cases.

371

creased at their expense. The solicitor is sensible that any law which in its operation damnifies classes so important as the landed proprietor and the capitalist, must ultimately interfere injuriously with his personal prosperity, and, in defiance of sneers or slanders from those in high or in low places, he takes his stand with his clients.

increase of expense and the injurious delay which the new system of registration would entail in all transactions connected with the transfer or mortgage of real property. Mr. Green's letter to Lord St. Leonards is liable to be misunderstood on another matter, on which it is most desirable no misapprehension should exist. "Eminent London solicitors who have been consulted The cordial concurrence and support the upon the Bill," are referred to, in terms country solicitors continue to receive from from which it might be inferred, that the their brethren located in the metropolis in Lord Chancellor's Bill was approved of and opposing the Registration Bill, will not be supported by this deservedly influential without its uses in counteracting the misclass. The measure, however, we will chievous efforts of those who, under the venture to state, finds as little support guise of friendship, but for the most paltry from the town as from the country solici- and selfish objects, seek to divide the Protors. Undoubtedly, the establishment of fession. The oft-repeated, but always a monster Register Office in London con- unfounded insinuation, that the country taining the deeds and mortgages of all practitioners are sacrificed by their town the landed proprietors in the kingdom, agents, now finds a practical answer. would add considerably to the business of Our readers will observe that the meathe large agency houses. But whatever sure introduced by the Lord Chancellor, Lord Campbell may think, this is not the has been referred to a Select Committee, principle or the spirit in which the ques- which includes all the Law Lords, except tion is regarded by solicitors in town or Lord St. Leonards. That it will pass country. The interest of the client is, as through this ordeal without any fundamenit ought always to be, the primary consi- tal changes may be safely predicted. No deration; and the "eminent London soli- time should be lost in preparing and forcitors" are as much alive as their brethren warding petitions against this Bill, which, it in the country to the enormous expense must not be overlooked, is supported by and inconvenience which will arise from the whole strength of the Government. having the title deeds connected with every property, great and small, deposited in a

THE Bill submitted to the House of Commons by Mr. Butt, "to make further provision for the granting of New Trials in Criminal Cases," and which stands for a second reading on Wednesday next, the 16th instant, is intended to apply only to Ireland, but we make no apology for calling attention to its leading features. It is proposed by the first clause to enact, that in cases of treason and felony depending in the Court of Queen's Bench in Ireland, a new trial may be granted in the same manner as is now the practice in cases of misdemeanour ; and when granted, the new trial is to proceed as if no former trial had taken place.

public office in the metropolis. Without NEW TRIALS IN CRIMINAL CASES. regard, therefore, to the narrow calculation, whether one class of solicitors may lose or gain something more or less than another class, the whole Profession are all but unanimous in condemnation of a measure, which experience convinces them, however it may effect the Profession, cannot fail to operate injuriously to the public. The opposition the Registration Scheme has received, and we trust will continue to receive, from the Incorporated Law Society, as well as from the provincial and local associations throughout the country, honourably illustrate the prevalence of the sentiment, consistently enforced in these pages, that the interests of the legal Profession and of the public are identical. In this in- By subsequent clauses, it is proposed to stance the solicitor, who from professional provide, that the application for a new trial acquaintance and habits, is more fully alive shall be made within the first six days of to the mischievous consequences of the pro- the ensuing Term, and that the Court in posed measure than the landholder or the the first instance shall only grant a conpurchaser, for the protection of their in- ditional order (or rule nisi), which is to terests places himself in the front of the specify the persons to show cause and the battle, utterly regardless of the considera- time to show cause, but it is declared that tion, that by this measure his own imme- the rule is not to be made absolute by dediate and temporary profits may be in- fault of showing cause, so that the respon

372

New Trials in Criminal Cases.—Repeal of the Attorneys' Certificate Tax.-Review.

REPEAL OF THE ATTORNEYS' CER-
TIFICATE TAX.

MANY of our readers are aware of the

sibility is thrown upon the Judges of deciding whether there shall be a new trial, even when the parties supposed to be most concerned in sustaining the verdict,“ make no sign." It is also proposed materially to very efficient steps which have been taken limit the power of the Court to grant a new to impress on the attention of Members of trial, by providing, that no application be the House of Commons, the grounds of the made to set aside a verdict, on the ground that such verdict was against evidence, unless the Judge who tries the cause certifies that he is not satisfied with the verdict It is also provided, that points reserved by the Judge are not to be the ground of application for a new trial.

claim of the Profession to the remission of this unjust, and now intolerable impost. We believe that almost every Member of the House has received letters or petitions from the solicitors practising in the several districts which they represent. The London solicitors have also addressed not only their own representatives, but their friends and clients in Parliament.

10th.

The motion was urgently opposed by the Chancellor of the Exchequer, but on a division the votes were :

To meet the objection, that the right to apply for a new trial would interfere with the ordinary course of justice, it is proThe motion of Lord Robert Grosvenor, vided that sentence may be passed imme- who has for so many Sessions ably and diately after verdict, as at present, and kindly, and with so much discretion and that such sentence shall be in force until judgment, conducted the case, stood first such verdict be set aside. But where the on the list of business for Thursday, the sentence is transportation, the Bill provides, that it shall not take effect until the time for applying for a new trial is passed; and that persons sentenced to death may petition the Lord Chancellor when the Court of Queen's Bench is not sitting, and that the Chancellor, upon such petition, may issue a commission, to review and examine the verdict and decide upon the application for a new trial. In cases in which a conditional order is discharged, execution is to proceed.

To meet another difficulty frequently suggested, it is proposed that evidence or testimony given at the first trial by a deceased or missing witness, may be received upon a new trial as evidence of the facts deposed to in such testimony; and it is also proposed, that in any trial for a capital offence, the Judge is to appoint a sworn reporter, whose notes may be used on an application for a new trial. The presence of the prisoner may be dispensed with upon the application for a new trial; and if the Court be equally divided, the verdict is to be set aside.

For the repeal
Against it

219
167

Leaving a majority of. 52

The Bill was accordingly brought in, and read a first time. The second reading will take place after the Easter holidays.

NOTICES OF NEW BOOKS.

A Treatise on the Proceedings of Election Committees, with an Abstract of the Acts relating thereto, and an Appendix. By CHARLES FRERE, Esq., Barristerat-Law. Westminster: Bigg and Sons, 1853. Pp. 192.

THIS is a concise and very valuable Treatise on the Procedure of Election Committees. The first part comprises an abstract Such is the machinery by which it is of all the provisions scattered over several proposed to effect a change of manifest Statutes, and the enactments are fully given importance in the administration of criminal in an Appendix. The second part of the justice. If the Bill upon its second read- work states the course of proceeding of ing meets the approval of the House of Election Committees in the usual order Commons, future opportunities will arise thereof. It is evident that great pains for observing upon its details. It is hardly have been taken to ensure conciseness, acto be denied that the proposition is deserv-curacy, and facility of reference. It is ing of further consideration.

strictly a practical work: the Law of Elections is left to Mr. Warren and other eminent text writers, who treat at large of the various Statutes regulating our whole system of Parliamentary Elections.

New Statutes effecting Alterations in the Law.

NEW STATUTES EFFECTING AL-
TERATIONS IN THE LAW.

373

the said three years and seven years respectively the stamp duties in the Schedule to this Act annexed expressed to be payable before the expiration of the third year and of the

STAMP DUTIES ON PATENTS FOR INVEN- seventh year respectively, and such letters pa

Power to Commissioners to purchase the the indexes of existing specifications prepared by Mr. Woodcroft; s. 8.

As to the word "duplicate;" s. 9.

tent, or a duplicate thereof, shall be stamped with proper stamps showing the payment of such respective stamp duties, and shall, when stamped, be produced before the expiration of such three years and seven years respectively at the office of the Commissioners; and a cer

tificate of the production of such letters patent or duplicate so stamped, specifying the date of of the Commissioners on the letters patent or such production, shall be endorsed by the clerk duplicate, and a like certificate shall be endorsed upon the warrant for such letters patent

filed in the said office,

3. There shall be paid unto and for the use of her Majesty, her heirs and successors, for or in respect of letters patent applied for or issued under the provisions of the said Patent Law Amendment Act, 1852, warrants, specifications, disclaimers, certificates, and entries, and other matters and things mentioned in the Schedule to this Act, or the vellum, parchment, or paper on which the same respectively are written, the stamp duties mentioned in the said Schedule; and no other stamp duties shall be levied in respect of such letters patent, warrants, specifications, disclaimers, certificates, entries, matters, and things; and the stamp duty mentioned in the said Schedule on office copies of documents shall be in lieu of such sums as by

This Act and 15 & 16 Vict. c. 83, to be the said Patent Law Amendment Act, 1852, construed together; s. 10.

The following are the sections of the Act:

An Act to substitute Stamp Duties for Fees on passing Letters Patent for Inventions, and to provide for the Purchase for the public Use of certain Indexes of Specifications. [21st February, 1853.]

Whereas it is expedient that the fees payable in respect of letters patent for inventions under the Patent Law Amendment Act, 1852, and mentioned in the Schedule to such Act, be converted into stamp duties: Be it enacted as follows:

1. Sections 17, 44, 45, 46, and 53, of the said Patent Law Amendment Act, 1852, and so much of the Schedule to the said Act as relates to fees and stamp duties to be paid under the said Act, shall be repealed.

2. All letters patent for inventions to be granted under the provisions of the said Patent Law Amendment Act, 1852, (except in the cases provided for in the 4th section of this Act,) shall be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine, at the expiration of three years and seven years respectively from the date thereof, unless there be paid before the expiration of

are authorised to be appointed to be paid for such office copies.

4. Where letters patent for England or Scotland or Ireland have been granted before the commencement of the said Patent Law Amendment Act, 1852, or have been since the commencement of the said Act, or hereafter may be granted for any invention, in respect of any application made before the commencement of the said Act, letters patent for England or Scotland or Ireland may be granted for such invention in like manner as if the said Act had not been passed: Provided always, that in lieu of all fees or payments and stamp duties which were at the time of the passing of the said Act payable in respect of such letters patent as last aforesaid, or in or about obtaining a grant thereof, and in lieu of all other stamp duties whatsoever, there shall be paid in respect of such letters patent as last aforesaid on the sealing thereof stamp duties equal to one-third part of the stamp duties which would be payable under this Act in respect of letters patent issued for the United Kingdom under the said Patent Law Amendment Act, 1852, on or previously to the sealing of such letters patent as last aforesaid, and before the expiration of the third year and the seventh year respectively of the term granted by such letters patent for England, Scotland, or Ireland, stamp duties equal to one-third part of the stamp duties payable under this Act before the expiration

New Statutes effecting Alterations in the Law.

of the third year and the seventh year respect-isting specifications so directed to be indexed ively of the term granted by letters patent as aforesaid are in number 15,000 and upissued for the United Kingdom under the said wards, and it would require some years to make Patent Law Amendment Act, 1852, and the indexes thereof on a proper arrangement and condition of such letters patent for England or classification. And whereas Mr. Bennett Scotland or Ireland shall be varied accord- Woodcroft has already made complete indexes ingly. of such specifications, which the Commissioners have examined and approved of, and it is expedient that such indexes be purchased for the use of the public:

8. And whereas by the said Patent Law Amendment Act, 1852, the Commissioners are directed to cause indexes to all specifications On application for disclaimer heretofore or hereafter to be enrolled or depo-On caveat against disclaimer sited to be prepared in such form as they may On office copies of documents, for think fit, which indexes are to be open to the inspection of the public: And whereas the ex