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New Order in Chancery.--Fees of Clerks of Assize.
37 NEW ORDER IN CHANCERY.
IN Chancery. SETTING DOWN ADJOURNED CAUSES. I
A. v. B. 4th March, 1853. Take notice that this cause, the further coTHE Right Honourable Robert Monsey sideration whereof was adjourned by the order Lord Cranworth, Lord High Chancellor of of the
, was, on Great Britain, by and with the advice and as the
set down for sistance of the Right Honourable Sir John further consideration before his Honour the Romilly, Master of the Rolls, the Honourable
for the day of the Vice-Chancellor Sir Richard Lorin Kindersley, the Honourable the Vice-Chancellor Sir John Stuart, and the Honourable the
Solicitor for (the plaintiff). Vice-Chancellor Sir William Page Wood,! To Mr. doth hereby, in pursuance of the Act of Solicitor for (the defendant). Parliament made and passed in the 15th and 16th years of the reign of her pre. sent Majesty, intituled “An Act to Abo
FEES OF CLERKS OF ASSIZE. lish the office of Master in Ordinary of the High Court of Chancery, and to make
In the London Gazette of the 26th of Provision for the more speedy Dispatch of February last, the following Fees of the Business in the said Court," and in pursuance Clerks of Assize as Associates on the Cirand execution of all other powers enabling him cuit, are fixed by the Lords of the Treasury in that behalf, order and direct:
. with the approval of the Judges :That when any cause shall, at the original or any subsequent hearing thereof, have been ad-.;
In pursuance of an Act, passed in the Sesjourned for further consideration, such cause
sion of Parliament held in the 15th and 16th may, after the expiration of eight days, and
cond years of the reign of her Majesty, entitled “ An within fourteen days from the filing of the cer
"Act to make provision for a permanent estatificate or report of the chief clerk of the Judge
blishment of officers to perform the duties at to whose Court the cause is attached, be set
Nisi Prius, in the Superior Courts of Common 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
the Judges' clerks, by salaries, and to abolish the solicitor for the plaintiff or party having i
certain offices in those Courts," we, the unthe conduct of the cause, and after the expira
in dersigned, being two of the Commissioners of tion of such fourteen days the cause may be
*her Majesty's Treasury, have caused the set down by the registrar on the written re
e under-mentioned table of fees to be prepared, quest of the solicitor for the plaintiff, or for spes
intiff or for specifying the fees proper to be demanded and any other party; and the request to set down
and taken on the Circuits by the officers and 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
8. d. day on which the same was so set down, and
Every record of Nisi Prius delivered
"I to be entered for trial. shall be marked in the cause-book accordingly.
. . 1 5 0
X: Every trial of a cause, from plaintiff 1 0 And notice thereof shall be given to the other
0 parties in the cause at least six days before the
- from defendant 0 15 0 day for which the same may be so marked for
-- if the trial confurther consideration; and such notice may be
tinues more than one day, then in the form or to the effect set forth in the
for every other day, from plaintiff
and defendant, each . . . schedule hereto, marked (B).
0 10 0 CRANWORTH, C.
Returning the postea . . . 0 5 0
Every cause made remanet, at the
instance of the parties, to be paid
by plaintiff or defendant, as the
case may be . . . . 0 10 WILLIAM PAGE Wood.
0 Every cause withdrawn, to be paid SCHEDULE (A).
by the party at whose instance it In CAANCERY.
is withdrawn . . . 0 5 0 A. v. B.
Re-entering every record of Nisi I request that this cause, the further con| Prius, made remanet, &c. .
0 sideration whereof was adjourned by the order
Every reference, from plaintiff and
ondantes of the
1 defendant, each . day of
, may be Set down for further consideration before his
Every amendment of any proceedHonour the
ing whatever .
. 0 2 0 Dated, &c.
Every order or certificate
dict, in addition to the charge for
atiff and 02
Fees of Clerks of Assize.-Law-Confounding Society. ingrossing and copying, at the | The poor unlearned laymen, who delight in rate of 4d. per folio, from plaintiff
'the several useful occupations of tailors, groand defendant, each . . . 0 Attending any Court, or otherwise
cers, brewers, and apothecaries, are pleased with any record or other proceed
with their companionship, witless that they ing, under writ of subpoena or
'may be the next victims of the free trade game order of Court, per day . . 10 Othey are playing, while the seven years' barris.
And no other fees than those before-men-'. tioned shall be demanded or taken by the as. :
ters, acting upon the approved French principle sociates, marshals, clerks, criers, or other per- , that “ Bálir est beau, mais détruire est sublime,” sons, performing any duties at Nisi Prius on are themselves reckless of consequences, have the Circuits, but all such other fees are hereby ing nothing to lose, and by possibility someabolished. Given under our hands at the Treasury
thing to gain in the scramble. Chambers. Whitehall. this 23rd day of Accordingly, at the last meeting of this February, 1853.
motley Society, the subject proposed was the W. E. GLADSTONE and ALFRED HERVEY, construction of a scale of fees fitting for the Two of the Commissioners of her Ma
remuneration of attorneys on the basis of the jesty's Treasury.
suggestion of a noble Lord, that 300l. a year We, the undersigned, Judges of the Supe- was the sufficient income to which any attorney rior Courts of Common Law, do settle, allow, should be entitled.' and sanction the before-mentioned table of
After debate, it was determined that a bill fees, prepared by the Commissioners of her Majesty's Treasury, and we do hereby esta- should be prepared and submitted to Parliablish the same, under the provisions of the ment restricting attorneys from charging more aforesaid Act of Parliament.
to their clients for copies of deeds and pleadCAMPBELL, Lord Chief Justice of the ings. &c., than was actually paid by them
Court of Queen's Bench. John Jervis, Lord Chief Justice of the to their stationers, and that Commissioners Court of Common Pleas.
should be appointed (being of course barrisFREDERICK POLLOCK, Lord Chief Baron ters of seven years' standing), at salaries of
of the Court of Exchequer. W. H. MAULE, T. N. TALFOURD, and C.
| 2,0001. per annum, to ascertain the disburseCROMPTON, Judges of the Superior
ments incurred for red-tape, pounce, and staCourts of Common Law.
tionery, 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-men
: men. laries might bear to the hitherto allowed rate tioned Act of Parliament, we do hereby order of charge, and to reduce the latter accordingly. that the said table of fees be inserted and pub- Upon this, it was suggested by one more lished in the London Gazette.
compassionate than the rest, that coals and Treasury Chambers, Whitehall, the 24th day of February, 1853.
in candles should be included in the estimate ; W. E. GLADSTONE and ALFRED Hervey, this was partially conceded with the drawback
Two of the Commissioners of her Ma- of a clause providing that no attorney should jesty's Treasury.
be permitted to have offices in Lincoln's Inn
or the Temples, but might remain for a time LAW-CONFOUNDING SOCIETY.
on sufferance in Gray's Inn, and of right in To the Editor of the Legal Observer.
Lyon's Inn and the other Inns of Chancery. MR. Editor,-Your kind reception of my
The meeting was involved in much admired communication of the 19th of November last,
disorder on an apprehension being entertained encourages me to report to you some recent
and expressed by the laymen, that a similar inproceedings of some members of this Society
quisition might be applied to their respective towards carrying out their pious design of de
trades, and that the brewer and the apothecary molishing the law of England only because
might be called upon to produce their chemists they do not understand it, and despair of earn
| It does not exactly appear on what occasion ing an honest and honourable livelihood bylor by what noble and learned Lord this liberal the practice of it.
award of professional income was made, but The Society, I should premise, consists as it is supposed to have emanated from one or well of laymen as of that distinguished trading
the numerous ex-Chancellors, the amount of
whose sinecure pensions contrast in high refraternity, designated in my former letter as lief with the degrading standard of income so barristers of seven years' standing.
| allotted to the laborious attorney.
Law-Confounding Society.- Masters Extraordinary in Chancery. and druggists' bills ; upon this a tumult arose matter should be inquired into ; as, on the one and much confusion ensued in the con- hand, they would be much pained that your founding society, but the seven years' bar
Lordship should think them wanting in respect risters prevailed, and the resolutions were do not doubt that if any mistake has been made,
towards yourself, and, on the other hand, they carried accordingly and ordered to be printed, it will be your Lordship's wish to have it set though the infliction of causing them to be right. read is as vet happily out of their control “The Committee have accordingly put themBe it known, however, to your readers that bod
selves into communication with the general
| body of lheir provincial members, who include this is not the rod adverted to in my former several hundreds of the leading solicitors in letter as likely to be forthcoming; it is still in all the principal towns in the kingdom; and pickle, reserved for more doughty disputants
the result is, that they have not been able to find and tougher weapons than those wielded by
one solicitor who has received or even heard of
any such circular as that mentioned by your the flimsey and simple Bar-graduates of seven Lordship, and they have received letters to this years' standing.
effect from Masters Extraordinary in upwards I might add the astounding fact that this of 40 towns in all parts of England. Society has on its minutes the heads of a bill 1
“They have, however, learned, that in July
"last, an order of your Lordship’s was inserted for abolishing the nomination of all friendly in the London Gazıtle, requesting 'all Masters and family trustees in settlements, by the sub- Extra to transmit to the principal secretary of stitution of official trustees (barristers of seven the Lord Chancellor, on or before the last day ars' standing to be remunerator hy of August, a statemert in writing mentioning
their names, their place of residence, their moderate per-centage on rents and dividends actual occupation, and the date of their apreceived. I remain, sir, your humble servant, pointment.'
M. M. M. T “The London Gazette is very seldom seen, Atheneum, 10th March, 1853.
and still more seldom read, even by solicitors;
and if that had been the only notice they had MASTERS EXTRAORDINARY IN
received, it is probable that the order would
not have been seen by one in a hundred of the CHANCERY
Masters Extra, instead of its being complied The following letter has been addressed by lof the entire number.
with, as it was, by considerably more than half the Metropolitan and Provincial Law Associa. “ The order was copied into the three printion to Lord St Leonards, in reference to his cipal Law Papers-the Jurist, the Legal ObLordship’s reported observations in delivering
server, and the Law Times. The Committee judgment in the case of John Smith (of Bir-stances mentioned to provincial solicitors by
have also ascertained that it was in several inmingham), in November last :
their London agents, and by these means a “My Lord,- Your Lordship is reported in considerable number of Masters Extra became the daily papers of the 13th November last, to aware of it, and made the desired return; have made the following observations in de but many of the gentlemen with whom the livering judgment, In re Smith, a solicitor.--. Committee have now been in correspondence 'In compliance with orders to that effect letters upon the subject, state that they had heard had been written to 4,430 persons, who appeared nothing whatever about it until they received as Masters Extraordinary in Chancery, calling the first communication from the Committee. on them to show by what authority they ex-l “Under these circumstances the Committee ercised their office, and for the production of have felt it their duty to put your Lordship in their certificates. Answers had been received possession of the real state of the matter, and from no more than 2,486 of the number. His trust that your Lordship will feel satisfied that Lordship now knew something more of these the imperfect return obtained to your Lordgentlemen, and would have them a little better ship's order did not arise from any inability under control than they had hitherto been on the part of those to whom it was addressed
“ From this it might be inferred, that your to make the return; or from any want of a Lordship considered that the Masters Extra- proper respect to the order made by your ordinary of the Court had been wanting in Lordship; and they earnestly hope that when proper respect in not answering a communica. an opportunity occurs your Lordship will retion of your Lordship's on the subject of their lieve the members of the Profession from the authority to exercise their office. Several of erroneous imputation which your Lordship's those gentlemen, therefore, who are members reported observations are calculated to convey. of this Association, have requested the Com
“I have the honour to be, mittee to inquire into the matter, and, if pos
“ My Lord, sible, to remove any erroneous impression of
“ Your Lordship's obedient servant, your Lordship's upon the subject.
" WILLIAM SHAEN, Sec. “These gentlemen feel that it is due, both to “ 8, Bedford-row, Feb. 16th, 1853." your Lordship and to themselves, that the! No dor:'t it must b: satsíactory to his
Manchester Law Association-Annual Dinner. Lordship to learn that the Profession have one another. One other topic he had to refer not, in point of fact, been quilty of slighting to, and he undertook it as a matter of duty.
One of the vocations of this Association was to any communication made to them by the
me watch over the administration of the laws in Lord Chancellor.
this district,-and if it should happen that
through the eccentricities or other failings of MANCHESTER LAW ASSOCIATION.
a Judge, or through unseemly dissensions in any Court, the interests of the commercial
public should suffer, it would become necesANNUAL DINXER.
sary for this Association to follow the example The annual dinner of the Manchester Law of Livern
r Law of Liverpool on a recent occasion. And he Association took place on February 7 th 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 comthe Mayors of Manchester and Salford ; and plained of. Messrs. S. Heelis, G. Thorley, C. Gibson, J. Mr. G. Thorley, in responding to the toast Street, E. Worthington, R. B. B. Cobbett, S. of the “ Manchester Law Association," said, Fletcher, T. T. Bellhouse, F. Robinson, N. I he could not forbear congratulating its memEarle, P. Bunting, R. Radford, T. L. Rushton, bers on the extended influence and elevated of Bolton, &c.
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 “ Prosperity to metropolis itself-a position which was accomthe 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 thein, 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 ihem 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 frunts 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,mandchievous 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 Manchesparticularly 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- l 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 comlast Stamp Act, upon which this Association pelled every purchaser of land to be at the ex. took a different view from the Commissioners / pense of two conveyances where one only as of Inland Revenue, has been practically settled necessary, and each landowner's principal title by means of the efforts of this Association, I 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 mea. considerable. Whilst thus engaged, the effortssures it had been manifest that the public in. of 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
Jan. Law Assoc.— Notes of Week.-Superior Courts: Lord Chan.-Lords Justices. 379 calumny and slander, which a short time ago
VOTES OF THE WEEK. were so unsparingly hurled at their branch of the Profession by those whose measures they had caused to be rejected, or whose attempts to
REGISTRATION OF ASSURANCES.-LIEN FOR
COSTS. mislead the Legislature and the public they had suceeeded in preventing, had either fallen. A correspondent says, from a perusal of impotent and harmless, or “returned to plague the Abstract of the Lord Chancellor's Registh' inventors." One of these slanders, it tration of Assurances' Bill, given in our last would be remembered, was that the Legal Pro. Number, he concludes that Liens upon Deeds fession was really opposed to all reforms or of Conveyance will be no longer available, changes in the law, and anxious only for their since from their very nature, they are incapable own interests to keep every thing in its present of registration, unless the client allow his sostate. For instance, it was wished that the licitor to register, so as to preserve his security public should believe the Profession was not for costs. 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 ex. dently 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
LAW APPOINTMENTS. Chancery especially, what, in reality, were the Mr. Pickering has been appointed Recorder facts? Why, that for the last five or six years of Pontefract, in the room of The Honourable their branch of the Profession had been inces- Benjamin Boothby, appointed second Judge sant in urging the adoption of the reforms of of the Supreme Court of Adelaide, South abuses, which, so long as they were suffered to Australia. exist, not only were attended with large unne. cessary outlay, expense to their clients and
Mr. John Blakeney has been appointed themselves, but rendered chancery proceed
ad Crown Solicitor for Galway, in the room of ings unpopular and odious to those who were
Mr. James Blakeney, retired. unfortunate enough to be dragged into them, The Queen has been pleased to appoint and directly operated injuriously to the interests Charles Baillie, Esq., Advocate, to be Sheriff of the Profession, by the determination of hun. of the shire or sheriffdom of Stirling, in the dreds to submit to injustice and loss rather than room of Robert Handyside, Esq., resigned.undergo the ordeal of applying to such a tribunal. From the London Gazette of 4th March.
[To be continued.]
RECENT DECISIONS IN THE SUPERIOR COURTS,
AND SHORT NOTES OF CASES.
though the time had not expired for exceptMarch 5.-In re Fussell-Stand over.
ing to his answer, but at the risk of having 5.–Storrs v. Benbow-Cur, ad. vult.
them taken off the file, with costs, if the - 5.-In re Bedford Charities-Order for
answer proved insufficient. transfer to paper of Vice-Chancellor Wood. This was a motion on behalf of the defend
- 5.-In re Collisson-Stand over. ant, for leave to file interrogatories in this case
- 5.-Horsfield v. Ashton - Leave to set under the 15 & 16 Vict. c. 86, s. 19, upon apdown for hearing by full Court.
peal from the decision of Vice Chancellor - 5.–Lawrence v. Baldwick - Order for Stuart. It appeared that the time had not re-hearing by consent.
expired for the plaintiff to except to the an-
Follett in support.
The Lords Justices said, that leave would be
| having the interrogatories taken off the file, JURISDICTION IN EQUITY IMPROVEMENT with
with costs, if the answer were found insufACT. INTERROGATORIES FOR PLAIN
ficient. TIFF'S EXAMINATION.-LEAVE TO FILE. Leave given to a defendant to file interroga-) March 3.—Heward v. Wheatley— Reference
tories under the 15 & 16 Vict, c. 86, s. 19, back to the Master.