day of day of , was, on set down for consideration before his Honour the for the day of To Mr. Yours, &c., C. D. THE Right Honourable Robert Monsey sideration whereof was adjourned by the order Lord Cranworth, Lord High Chancellor of of the Great Britain, by and with the advice and as- the sistance of the Right Honourable Sir John further Romilly, Master of the Rolls, the Honourable the Vice-Chancellor Sir Richard Torin Kindersley, the Honourable the Vice-Chancellor Sir John Stuart, and the Honourable the Vice-Chancellor Sir William Page Wood, doth hereby, in pursuance of the Act of Parliament made and passed in the 15th and 16th years of the reign of her present Majesty, intituled An Act to Abolish the Office of Master in Ordinary of the High Court of Chancery, and to make Provision for the more speedy Dispatch of Business in the said Court," and in pursuance and execution of all other powers enabling him in that behalf, order and direct : Solicitor for (the defendant). FEES OF CLERKS OF ASSIZE. IN the London Gazette of the 26th of February last, the following Fees of the Clerks of Assize as Associates on the Circuit, are fixed by the Lords of the Treasury with the approval of the Judges : In pursuance of an Act, passed in the Session of Parliament held in the 15th and 16th That when any cause shall, at the original or any subsequent hearing thereof, have been adjourned for further consideration, such cause may, after the expiration of eight days, and years of the reign of her Majesty, entitled "An within fourteen days from the filing of the cer-blishment of officers to perform the duties at Act to make provision for a permanent estatificate or report of the chief clerk of the Judge Nisi Prius, in the Superior Courts of Common to whose Court the cause is attached, be set down by the registrar in the cause-book for Law, and for the payment of such officers, and further consideration, on the written request of certain offices in those Courts," we, the unthe Judges' clerks, by salaries, and to abolish the solicitor for the plaintiff or party having dersigned, being two of the Commissioners of the conduct of the cause, and after the expira- her Majesty's Treasury, have tion of such fourteen days the cause may caused the be set down by the registrar on the written reunder-mentioned table of fees to be prepared, quest of the solicitor for the plaintiff, or for specifying the fees proper to be demanded and and taken on the Circuits by the officers and party; and the request to set down the cause may be in the form or to the effect clerks at Nisi Prius, belonging to the Superior set forth in the schedule hereto, marked (A); Courts of Common Law, namely::but the cause, when so set down, shall not be Clerks of Assize, as Associates on the Circuit. put into the paper for further consideration until after the expiration of ten days from the £ s. d. any other day on which the same was so set down, and shall be marked in the cause-book accordingly. And notice thereof shall be given to the other parties in the cause at least six days before the day for which the same may be so marked for further consideration; and such notice may be in the form or to the effect set forth in the schedule hereto, marked (B). CRANWORTH, C. JOHN ROMILLY, M.R. RICHD. T. KINDERSLEY, V.-C. I request that this cause, the further consideration whereof was adjourned by the order day of of the may be set down for further consideration before Honour the Dated, &c. C. D. Every reference, from plaintiff and Every amendment of any proceed- Solicitor for (the plaintiff). Every special case, or special ver dict, in addition to the charge for 0 10 0 0 5 0 0 10 0 050 0 20 376 Fees of Clerks of Assize.-Law-Confounding Society. ingrossing and copying, at the rate of 4d. per folio, from plaintiff and defendant, each Attending any Court, or otherwise with any record or other proceeding, under writ of subpoena or order of Court, per day .0 10 0 100 And no other fees than those before-mentioned shall be demanded or taken by the associates, marshals, clerks, criers, or other persons, performing any duties at Nisi Prius on the Circuits, but all such other fees are hereby abolished. Given under our hands at the Treasury W. E. GLADSTONE and ALFRED HERVEY, We, the undersigned, Judges of the Superior Courts of Common Law, do settle, allow, and sanction the before-mentioned table of fees, prepared by the Commissioners of her Majesty's Treasury, and we do hereby establish the same, under the provisions of the aforesaid Act of Parliament. CAMPBELL, Lord Chief Justice of the The poor unlearned laymen, who delight in the several useful occupations of tailors, grocers, brewers, and apothecaries, are pleased with their companionship, witless that they may be the next victims of the free trade game they are playing, while the seven years' barristers, acting upon the approved French principle that "Bátir est beau, mais détruire est sublime," are themselves reckless of consequences, having nothing to lose, and by possibility something to gain in the scramble. Accordingly, at the last meeting of this motley Society, the subject proposed was the construction of a scale of fees fitting for the remuneration of attorneys on the basis of the suggestion of a noble Lord, that 300l. a year was the sufficient income to which any attorney should be entitled.' After debate, it was determined that a bill should be prepared and submitted to Parliament restricting attorneys from charging more to their clients for copies of deeds and pleadings, &c., than was actually paid by them to their stationers, and that Commissioners should be appointed (being of course barristers of seven years' standing), at salaries of 2,000l. per annum, to ascertain the disbursements incurred for red-tape, pounce, and stationery, with power to employ an accountant The before-mentioned table of fees having to determine the fractional proportion these been sanctioned and allowed by the Lord and the minor articles of rent and clerks' saChief Justices, the Lord Chief Baron, and other Judges, as required by the before-mentioned Act of Parliament, we do hereby order that the said table of fees be inserted and published in the London Gazette. Treasury Chambers, Whitehall, the 24th LAW-CONFOUNDING SOCIETY. my To the Editor of the Legal Observer. MR. EDITOR,-Your kind reception of communication of the 19th of November last, encourages me to report to you some recent proceedings of some members of this Society towards carrying out their pious design of demolishing the law of England only because they do not understand it, and despair of earning an honest and honourable livelihood by the practice of it. The Society, I should premise, consists as well of laymen as of that distinguished trading fraternity, designated in my former letter as barristers of seven years' standing. laries might bear to the hitherto allowed rate of charge, and to reduce the latter accordingly. Upon this, it was suggested by one more compassionate than the rest, that coals and candles should be included in the estimate; this was partially conceded with the drawback of a clause providing that no attorney should be permitted to have offices in Lincoln's Inn or the Temples, but might remain for a time on sufferance in Gray's Inn, and of right in Lyon's Inn and the other Inns of Chancery. The meeting was involved in much admired disorder on an apprehension being entertained and expressed by the laymen, that a similar inquisition might be applied to their respective trades, and that the brewer and the apothecary might be called upon to produce their chemists It does not exactly appear on what occasion or by what noble and learned Lord this liberal award of professional income was made, but it is supposed to have emanated from one of whose sinecure pensions contrast in high rethe numerous ex-Chancellors, the amount of lief with the degrading standard of income so allotted to the laborious attorney. Law-Confounding Society.-Masters Extraordinary in Chancery. and druggists' bills; upon this a tumult arose and much confusion ensued in the confounding society, but the seven years' barristers prevailed, and the resolutions were carried accordingly and ordered to be printed, though the infliction of causing them to be read is as yet happily out of their control. Be it known, however, to your readers that this is not the rod adverted to in my former letter as likely to be forthcoming; it is still in pickle, reserved for more doughty disputants and tougher weapons than those wielded by the flimsey and simple Bar-graduates of seven years' standing. 377 matter should be inquired into; as, on the one hand, they would be much pained that your Lordship should think them wanting in respect do not doubt that if any mistake has been made, towards yourself, and, on the other hand, they it will be your Lordship's wish to have it set right. "The Committee have accordingly put themselves into communication with the general body of their provincial members, who include several hundreds of the leading solicitors in all the principal towns in the kingdom; and the result is, that they have not been able to find any such circular as that mentioned by your Lordship, and they have received letters to this effect from Masters Extraordinary in upwards of 40 towns in all parts of England. last, an order of your Lordship's was inserted "They have, however, learned, that in July in the London Gazette, requesting all Masters Extra to transmit to the principal secretary of the Lord Chancellor, on or before the last day of August, a statement in writing mentioning actual occupation, and the date of their aptheir names, their place of residence, their one solicitor who has received or even heard of I might add the astounding fact that this Society has on its minutes the heads of a bill for abolishing the nomination of all friendly and family trustees in settlements, by the substitution of official trustees (barristers of seven years' standing), to be remunerated by a moderate per-centage on rents and dividends received. I remain, sir, your humble servant,pointment.' M. M. M. Athenæum, 10th March, 1853. MASTERS EXTRAORDINARY IN THE following letter has been addressed by the Metropolitan and Provincial Law Associa tion to Lord St Leonards, in reference to his Lordship's reported observations in delivering judgment in the case of John Smith (of Birmingham), in November last : "MY LORD,-Your Lordship is reported in the daily papers of the 13th November last, to have made the following observations in delivering judgment, In re Smith, a solicitor.In compliance with orders to that effect letters had been written to 4,430 persons, who appeared as Masters Extraordinary in Chancery, calling on them to show by what authority they exercised their office, and for the production of their certificates. Answers had been received from no more than 2,486 of the number. His Lordship now knew something more of these gentlemen, and would have them a little better under control than they had hitherto been.' From this it might be inferred, that your Lordship considered that the Masters Extraordinary of the Court had been wanting in proper respect in not answering a communication of your Lordship's on the subject of their authority to exercise their office. Several of those gentlemen, therefore, who are members of this Association, have requested the Committee to inquire into the matter, and, if possible, to remove any erroneous impression of your Lordship's upon the subject. "These gentlemen feel that it is due, both to your Lordship and to themselves, that the "The London Gazette is very seldom seen, and still more seldom read, even by solicitors; and if that had been the only notice they had received, it is probable that the order would not have been seen by one in a hundred of the Masters Extra, instead of its being complied of the entire number. with, as it was, by considerably more than half The order was copied into the three principal Law Papers-the Jurist, the Legal Observer, and the Law Times. The Committee stances mentioned to provincial solicitors by their London agents, and by these means a considerable number of Masters Extra became aware of it, and made the desired return; but many of the gentlemen with whom the Committee have now been in correspondence upon the subject, state that they had heard nothing whatever about it until they received the first communication from the Committee. have also ascertained that it was in several in "Under these circumstances the Committee have felt it their duty to put your Lordship in possession of the real state of the matter, and trust that your Lordship will feel satisfied that the imperfect return obtained to your Lordship's order did not arise from any inability on the part of those to whom it was addressed to make the return; or from any want of a proper respect to the order made by your Lordship; and they earnestly hope that when an opportunity occurs your Lordship will relieve the members of the Profession from the erroneous imputation which your Lordship's reported observations are calculated to convey. "I have the honour to be, Manchester Law Association-Annual Dinner. 378 Lordship to learn that the Profession have one another. One other topic he had to refer not, in point of fact, been guilty of slighting any communication made to them by the Lord Chancellor. MANCHESTER LAW ASSOCIATION. ANNUAL DINNER. One of the vocations of this Association was to to, and he undertook it as a matter of duty. watch over the administration of the laws in this district, and if it should happen that through the eccentricities or other failings of a Judge, or through unseemly dissensions in any Court, the interests of the commercial public should suffer, it would become necessary for this Association to follow the example THE annual dinner of the Manchester Law of Liverpool on a recent occasion. And he Association took place on February 7th last. thought the funds of the Association and the There were between forty and fifty gentlemen energies of the Committee could not be appresent; amongst whom were Mr. John Bar-plied to a better object than in attempting to low, president of the Association, in the chair; obtain a removal of an evil so much to be com the Mayors of Manchester and Salford; and plained of. Messrs. S. Heelis, G. Thorley, C. Gibson, J. Street, E. Worthington, R. B. B. Cobbett, S. Fletcher, T. T. Bellhouse, F. Robinson, N. Earle, P. Bunting, R. Radford, T. L. Rushton, of Bolton, &c. Mr. G. Thorley, in responding to the toast of the "Manchester Law Association," said, he could not forbear congratulating its members on the extended influence and elevated position to which it had attained, as well in After the usual loyal toasts had been given, their own as in distant localities, and in the the Chairman rose to propose 66 Prosperity to metropolis itself-a position which was accom the Manchester Law Association." To the panied by an increase in the number of its members of the Association their objects were members, in its means, and in its efficiency; well known, but as the strangers who were and if not by an increase, at least by a continupresent might not be so well acquainted with ance of that public sympathy and countenance them, he would briefly state what they were. in its ends and its objects, so well exemplified This Association was not founded upon any by the presence of the two chief magistrates of selfish views, or upon class principles, on the their important boroughs, who had again hopart of the Profession, but upon the broad noured them by their society, and who might basis indicated by its motto, "Fiat justitia." aptly be said to represent the sentiments, the The unpaid services of an intelligent, pains feelings, and intelligence of the large and intaking body of professional men had for the fluential municipalities over which they prelast fourteen years been directed towards pro-sided. And if it were asked how this had tecting the public of this immediate neigh- been accomplished, he believed the true answer bourhood from the malpractices and designs of would be found to be, because the Association those pests to society, who, under the cloak of had, in all its acts and proceedings, maintained the law, brought it into discredit, whilst they in its integrity that fundamental axiom with fattened on the fruits of their villany at the which it was originated, that the interests of expense of the respectable and honourable the public and the interests of the Profession practitioner. The same body had, without os- were identical and the same. That whether tentation and without reward, during a like the exertions of their branch of the Profession period watched over the numberless bills that had been bestowed in obtaining wise and wellhad passed through Parliament-bills áffect- considered Law Reforms, or in opposing mis ing deeply the interests of the public, and chievous measures of legislation (and they had their energies had been cheerfully devoted to been frequent and laborious), or in obtaining the protection of those interests. During the the abandonment of fiscal laws, which would past year many amendments had been sug- have had the effect of imposing stamp duties gested by this Association, in various bills-exclusively upon the landowners of Manches particularly the Common Law Procedure Bill ter and its immediate neighbourhood-or in -the Suitors in Chancery Bill-the Law of bringing courts of justice into their own Wills Amendment Bili-the County Court county, to their own doors, or whether in opExtension Bill-and the Law of Patents posing, and successfully opposing, the passing Amendment Bill, in order to render the work- of a measure which would have created a moning of the bills practically more efficient and ster centralization registration office for deeds advantageous to the public. During the past in London, with all its attendant staff of placeyear a disputed question, arising out of the men and officers, and which would have com last Stamp Act, upon which this Association pelled every purchaser of land to be at the extook a different view from the Commissioners pense of two conveyances where one only is of Inland Revenue, has been practically settled necessary, and each landowner's principal title by means of the efforts of this Association, deeds, however small the property, to be sent and has effected a pecuniary saving to the to London with all its attendant inconvenience public which in course of time would be very and expense ;-in all these and similar meaconsiderable. Whilst thus engaged, the efforts sures it had been manifest that the public inof this body had also been directed in promot-terest was a main object of their exertions, and ing the observance among the Profession of a which by their success had been secured-and right-minded and honourable conduct towards it was gratifying to reflect that those shafts of state. Man. Law Assoc.-Notes of Week.-Superior Courts: Lord Chan.-Lords Justices. 379 NOTES OF THE WEEK. REGISTRATION OF ASSURANCES.-LIEN FOR COSTS. A correspondent says, from a perusal of the Abstract of the Lord Chancellor's Registration of Assurances' Bill, given in our last Number, he concludes that Liens upon Deeds of Conveyance will be no longer available,since from their very nature, they are incapable of registration, unless the client allow his solicitor to register, so as to preserve his security for costs. calumny and slander, which a short time ago were so unsparingly hurled at their branch of the Profession by those whose measures they had caused to be rejected, or whose attempts to mislead the Legislature and the public they had suceeeded in preventing, had either fallen impotent and harmless, or "returned to plague th' inventors." One of these slanders, it would be remembered, was that the Legal Profession was really opposed to all reforms or changes in the law, and anxious only for their own interests to keep every thing in its present For instance, it was wished that the public should believe the Profession was not disposed to diminish the delays and expense of the Courts of Chancery, but preferred con- PUBLIC PROSECUTOR IN CRIMINAL CASES. tinuing a state of things which absorbed from themselves and their clients large fees, and the Mr. Justice Erle, on March 5th, while situse of voluminous proceedings; and which ting at Winchester, expressed himself strongly very frequently resulted, at the end of a long in favour of the appointment of a public prochancery suit, that if they, like their mercantile secutor who might be directed by the Judge to friends, took an accurate calculation of the in- take proceedings against persons who had eviterest on the outlay of fees and capital exdently given false testimony, in order that a pended, there would, after years of labour, be stop might be put thereto. a very contemptible figure, if any, on the profit side of the account. But with reference to their part in these reforms, and of the Court of Chancery especially, what, in reality, were the facts? Why, that for the last five or six years their branch of the Profession had been incessant in urging the adoption of the reforms of abuses, which, so long as they were suffered to exist, not only were attended with large unnecessary outlay, expense to their clients and themselves, but rendered chancery proceedings unpopular and odious to those who were unfortunate enough to be dragged into them, and directly operated injuriously to the interests of the Profession, by the determination of hundreds to submit to injustice and loss rather than undergo the ordeal of applying to such a tribunal. [To be continued.] LAW APPOINTMENTS. Mr. Pickering has been appointed Recorder of Pontefract, in the room of The Honourable Benjamin Boothby, appointed second Judge of the Supreme Court of Adelaide, South Australia. Mr. John Blakeney has been appointed The Queen has been pleased to appoint Charles Baillie, Esq., Advocate, to be Sheriff of the shire or sheriffdom of Stirling, in the room of Robert Handyside, Esq., resigned.From the London Gazette of 4th March. RECENT DECISIONS IN THE SUPERIOR COURTS, AND Lord Chancellor. SHORT NOTES OF CASES. March 5.-In re Fussell-Stand over. 5.-Storrs v. Benbow-Cur. ad. vult. 5.-In re Bedford Charities-Order for transfer to paper of Vice-Chancellor Wood. 5.-In re Collisson-Stand over. 5.-Horsfield v. Ashton-Leave to set down for hearing by full Court. 5.-Lawrence v. Baldwick - Order for re-hearing by consent. Lords Justices. Sibbald v. Lawrie. March 8, 1853. though the time had not expired for excepting to his answer, but at the risk of having them taken off the file, with costs, if the answer proved insufficient. THIS was a motion on behalf of the defendant, for leave to file interrogatories in this case under the 15 & 16 Vict. c. 86, s. 19, upon appeal from the decision of Vice Chancellor Stuart. It appeared that the time had not expired for the plaintiff to except to the an swer. Follett in support. The Lords Justices said, that leave would be granted, but that it would be at the risk of having the interrogatories taken off the file, JURISDICTION IN EQUITY IMPROVEMENT with costs, if the answer were found insuf ACT. INTERROGATORIES FOR PLAIN- ficient. March 3.-Heward v. Wheatley-Reference tories under the 15 & 16 Vict. c. 86, s. 19, back to the Master. |