« EelmineJätka »
Debates on the Budget — Reduction of the Certificate Duty. to be displaced without a just equivalent, in doing an act of entire justice, instead of either by postponing the reduction to a remitting only a small instalment. sufficiently distant day, or by returning a We are aware that there are a few inportion of the duty.
stances, both in town and country, of soliIt may be said, that the attorneys who citors of eminence, who look coldly on the have been several years in practice have had measures now in progress for repealing the the advantage of a due return for their tax. They do not feel the amount in their outlay. This may be the case with many, large expenditure, or they erroneously fancy but is not so with all; and we must espe- that it tends to keep the Profession respectcially take into consideration the claims of able. We have repeatedly shown that this the present articled clerks, who have all latter is a mistaken notion. We hear also paid the duty. It appears that upwards of from some, that the Financial Plan being 500 are articled every year, and conse- on the whole satisfactory, they are reluctant quently there are 2,500 now serving their to oppose any part of it, and recommend clerkship. Another class consists of those that the instalment be accepted, with an who have completed their articles, but have intimation, that we claim to come again in not been examined. Others have been ex- the next Session for entire relief. Now the amined and admitted, but have not com- Chancellor of the Exchequer estimates the menced practice. Now none of these have total Income Tax paid by professions to be derived any advantage from the advance of 250,0001. Amongst those professions the the 1201. The Government have had their attorneys alone are subjected, in addition money for different periods of time—from a to their share of the tax, to an impost of few days ago to the extent of five years. 118,0001., levied without reference to their Are these several classes, who have paid income. In fact, they not only pay three upwards of 300,0001., to have no relief? taxes, not payable by other professions, but
We happen to know that the articled are subject to a three-fold amount of Income clerks and those who are waiting for ad- Tax. missión, equally with the attorneys in ac- It has been said, that if the Tax on At. tual practice, desire that the duty on the torneys be repealed, so must the licences of Annual Certificates should be totally re- brewers, distillers, &c.; but the latter are pealed, as a relief to the present and all not personal or poll taxes, but connected future practitioners; and if Parliament with the Excise, and regulated by the exshould hereafter deem it right to reduce or tent of the trade, with the power (which is repeal the duty on Articles of Clerkship, fully exercised) of transferring the burthen that the money should be applied towards to the consumers, and doubtless with some an improved system of education before en-profit superadded ; whilst the attorneys are tering the Profession.
| bound by rigid rules in the amount of their Besides, the Chancellor of the Exchequer charge, and cannot increase them because has lost sight of the difference in amount they are unjustly taxed. between England and Ireland, where, in It appears that the Council of the Incororder to be admitted in the Superior Courts, porated Law Society, who have the charge it is both in town and country 1201.-and of the Bill by the common consent and reits amount in Scotland, where it is only 601. quest of the attorneys and solicitors genein the Superior and 301. in the Local Courts. rally, have had several interviews with the Moreover, in England, the attorneys in the Noble Lord the Member for Middlesex, and County Palatine Courts pay only 601. Other Members of Parliament favourable to These differences must of course be adjusted. the total remission of the duty; and a de
We understand that the Government are putation from the Society, consisting of not disposed at present to reduce the taxes Mr. Kinderley, the Vice-President, with on the Profession more than 50,0001., and Mr. Barnes, Mr. Cookson, and Mr. Leman, yet, after all, the relief which their Budget members of the Council, and Mr. Maugham, will afford to the community in general, the Secretary,-headed by Lord R. Grosthere will be a surplus of nearly half-a-mil- venor, Sir William Verney, Bart., end Mr. lion. And if the proposed tax on the suc- Fitzgerald, Q.C.,-attended the Chancellor cession to real property be carried, including of the Exchequer on Saturday last. From settlements, both of real and personal pro- what passed at this interview, and from inperty, there is good reason to believe that formation otherwise obtained, it has been in lieu of two there will be four millions of deemed expedient to postpone the second revenue derived from that source; and, reading of the Bill from Wednesday, the therefore, Parliament can be in no difficulty
* See page 411, ante.
Debates on the Budget.- Proposed Alteration in the Stamp Duties. 511 27th inst., to a future day, in order to take transfer of any such indenture, instrument, the sense of the House on the question of or writing as aforesaid, where there shall be the total repeal of the tax, when the Chan
no sum of money or value moving to any cellor of the Exchequer proposes his reso
new master or mistress, the duty of 0 2 6 lutions on the Stamp Duties.
| Upon articles of clerkship, or any contract
whereby any person shall first become · This course is considered to be most con
bound to serve as a clerk in order to his sonant with Parliamentary practice, and it
admission as an attorney or solicitor in any will have this advantage, that, if a majority of her Majesty's Courts at Westminster, for the total repeal of the tax shall be ob or in Ireland, or any other Court of Record tained, upon the resolutions of the Chan in England holding pleas where the debt or cellor of the Exchequer, it may be antici
damage amounts to 40s.; or in order to his pated that the question will be thereby
admission as a proctor in the High Court of finally settled; whereas, if the second
Admiralty in England, or the Court of Ad
miralty in Ireland, or in any of the Ecclesi. reading of Lord Robert Grosvenor's Bill |
astical Courts in Doctors' Commons or in were carried, it would still, in all proba Ireland; or in order to his admission as a bility, be opposed by the Government on writer to the Signet, or as a solicitor, agent, every subsequent stage.
or attorney in any of the Courts of Session, In the present position of the question, Justiciary, Exchequer, and Commission of the members of the Profession should use
Tiends in Scotland, the duty of . 80 0 0 their utmost endeavours, collectively and
Upon or in respect of any certificate to be individually, to influence their representa
taken out yearly by every person admitted as
an attorney, solicitor, or proctor in any Court tives in Parliament to vote for the total re
in England or Ireland, or as a writer to the peal of this most unjust and oppressive Signet or as a solicitor, agent, attorney, or tax; and they should individually write to procurator in any Court in Scotland, and by all the members with whom they may be every person admitted or enrolled as a nopersonally acquainted.
tary public in England, Scotland, or IreIt seems evident from what has been
land already achieved in three several Sessions
If he shall reside within the city of London, or of Parliament, the majority in favour of
city of Westminster, or within the limits of
the twopenny post in England, or within the the repeal advancing from 19 to 30 in for
city or shire of Edinburgh, or in the city of mer Sessions and in the present to 52,
Dublin, or within three miles thereof: If he that if the attorneys and solicitors through shall have been admitted for the space of out the three kingdoms will again exert their three years or upwards . . 9 0 0 influence-(why should they not redouble
Or if he shall not have been admitted so it)—there can be no doubt they will be
long . . . . . 4 10 0 successful.
If he shall reside elsewhere and if he shall
have been admitted for the space of three
years or upwards . . . 6 0 0 PROPOSED ALTERATION IN THE
Or if he shall not have been admitted so STAMP DUTIES.
long . .
. . 3 0 0 The sixth head of the Chancellor of the or other instrument by whatever name the same
Upon any policy of assurance or insurance, Exchequer's Budget comprises the proposed shall be called, whereby any insurance shall be reductions on the Articles of Clerkship and made upon any life or lives, or upon any event Annual Certificates of Attorneys. Receipt or contingency relating to or depending upon
any life or lives— Stamps, &c. They are as follow :
Where the sum insured shall not exceed No. I.-Stamps.
501. . . .
. . . 0 0 6 That from and after the 5th of July, 1853, And where the same shall exceed 501. and shall in lieu of the stamp duties now payable upon not exceed 500l., then for every 501. 0 0 6 or in respect of the several instruments, matters, And for any fractional part of 501. over and and things hereinafter described, there shall be above the first, or any multiple of 501., the paid the several stamp duties hereinafter spe
further duty of . . . . 0 0 6 cified (that is to say):
* And where the same shall exceed 5001. and Upon every indenture, or other instrument or shall not exceed 1,000l., then for every
plorbehin (ex. writing of apprenticeship or clerkship (ex-|. 100l. . . .
; . . 0 1 ó cept articles of clerkship to attorneys and And where the same shall exceed 1,000l., then others, in order to admission in any Court, for every 1,000l. . . . . 0 10 0 or any office in any Court)
And for every fractional part of 1,000l. over Where no sum of money or value shall be and above the first, or any multiple of 1,0001.,
paid, given, assigned, conveyed, or secured the further duty of . . . 0 10 0 to or for the use or benefit of the master or Upon any receipt or discharge given for or
mistress, the duty of . . . 0 2 6 upon the payment of money, amounting to And upon or in respect of any assignment or 21. or upwards . . . . 0 0 1 512
Proposed Alteration in the Stamp Duties.-City Small Debts' Act. For or in respect of any advertisement contained the action was fit to be brought in the Su
in or published with any gazette, or other perior Court; and by the County Court newspaper, or any other periodical paper, or Amendment Act (13 & 14 Vict. c. 61, S. in or with any pamphlet or literary work
11), it is provided that plaintiffs recovering
6 Upon any draft or order for the payment of
Ja sum not exceeding 201. in the Superior any sum of money to the bearer on demand,
Courts which may be recovered in the and drawn upon any banker, or any person County Courts, are not to nav
County Courts, are not to have costs, and acting as a banker, who shall transact the that it shall not be necessary to enter a business of a banker at any place where suggestion to deprive the plaintiff of costs. such draft or order shall be payable, such The person who framed the City Small place being distant 15 miles or more from Debts Act, apparently resolved to embody the place where such draft or order shall both those clauses, but in copying the be issued, provided such draft or order
1 / 129th section of the Act 9 & 10 Vict. shall bear date on or before the day on which the same shall be issued, and pro
"c. 95, he wilfully or inadvertently — we vided the same do not direct the payment to know not which — substituted 501. for be made by bills or promissory notes, the 201., and the result is, that in every duty of . . . . . 0 0 1 case in which the defendant “ dwells or
No. 2.- Newspaper Supplements. resides or carries on business or has emThat so much of any Act as imposes any ployment in the city of London or the stamp duty upon any sheet or piece of paper liberties thereof, at the time of action containing wholly advertisements, and which brought, or six months next before, or if shall be published with, and as a supplement the action arise either wholly or partly to, any newspaper chargeable with stamp duty, within the city," and where the verdict is shall be repealed.
under 501., the plaintiff may be deprived of No.3.~ Legacy Duty.
costs. As the Judges of the Court of ComThat the stamp duties payable by law upon, mon Pleas truly observed, they were bound or for, or in respect of legacies, shall be granted to take the Act as they found it, they had and made payable upon, and for every succession to, the beneficial enjoyment of any real or
no means of inquiring into the meaning of personal estate, or to the receipt of any portion
the Legislature, and could not even suggest or additional portion of the income or profits why a rule should prevail in the city of thereof that may take place upon, or in con- London differing from that established in sequence of the death of, any person, under every other part of the kingdom. There whatever title, whether existing or future, such were two sections in the City Small Debts' succession may be derived.
Act apparently conflicting, but which at
the same moment obtained the Royal AsCITY SMALL DEBTS' ACT.
sent. It was impossible to say one was
repealed by the other. Applying to the VERDICT BETWEEN 201. AND 501.
two sections the ordinary rules of construcThe inconsistencies of recent legislation tion, the consequence was, that when the are strikingly illustrated by a case, a short verdict was under 501. the plaintiff lost his note of which appeared in our last publica- costs, if a suggestion was entered ; and if tion. A plaintiff, not residing in the city the verdict was under 201., the plaintiff lost of London, sued a defendant who did reside his costs without any suggestion being in the city upon a bill of exchange for 281., I entered. in the Court of Common Pleas, and ob- ! The practical effect of this decision is, to tained a verdict, and the Court of Common create another anomaly, establishing a rule Pleas has decided, that under the City with respect to parties within the jurisdicSmall Debts Act (14 & 15 Vict. c. lxxvii.), tion of the City Small Debts Court, differing which is a local Act, the defendant is en- from that which prevails in every other portitled to enter a suggestion to deprive the tion of the kingdom. In every case in plaintiff of costs.
which a sum is sought to be recovered As most of our readers are aware, under above 201., but which may be less than 501., the general County Courts' Act. (9 & 10 wherever the plaintiff resides, it will be neVict. c. 95, s. 129), in actions brought in cessary to inquire, in the first instance, if the Superior Courts founded on contract, the defendant is within the jurisdiction of where a plaint might be entered in the the City Small Debts' Court, and if the deCounty Court, if the plaintiff has a verdict fendant-or should there be several, one of for less than twenty pounds the plaintiff the defendants-has dwelt, carried on busihas no costs, unless the Judge certifies that
? See the sections referred to, ante, page · Castrick v. Page, 45 Leg. Obs. 504.
504, n. 2.
ance to a
Law of Attorneys and Solicitors.- Questions at the Examination.
513 ness, or had any employment in the city of mon Law Procedure Act as to writs of sumLondon at any time within six months before mons. action brought. In any of these events, the 6. In case where personal service of a writ plaintiff swing in the Superior Courts is liable of summons cannot be effected, what step is to be deprived of costs, unless the Judge at
the plaintiff's attorney to take to enable him to Nisi Prius certifies ! The judicial decision to
proceed? which we have referred appears to have pro-cially indorsed, what steps are necessary to ceeded upon principles not to be impugned: enable the plaintiff to sign judgment ? and the legislation upon which it is founded is when may he issue execution ? open to many and grave objections.
8. How many days' notice of trial is re
quired ? and is there any difference between LAW OF ATTORNEYS AND SO. town and country causes ? LICITORS.
19. What is the meaning of withdrawing a juror? and what is the effect of it?
10. How soon after trial may the successful SUPPOSED DISABILITY OF SOLICITOR TO!
TO party enter up judgment ?
ii. Is there any, and what, period within In a suit by an infant next of kin for the which a debt is recoverable ? administration of the estate of an intestate. 12. Is a verbal promise sufficient to take a a motion was made on behalf of the widow i case out o a motion was made on behalf of the widow case out of the Statute of Limitations, or must and administratrix and her second husband,
the plaintiff be prepared with any further evito restrain Mr. Bashan from acting as solici- 13. How soon should an application to set tor to the next friend of the infant plaintiffs, aside proceedings for irregularity be made ? on the ground that he had acted previously and what act of the party applying debars him as solicitor to the administratrix.
from relief? In support of the motion, Davies v. 14. In a case where a rule is obtained to Clough, 8 Sim. 2, was cited, and it was show cause why proceedings should not be set contended that the administratris had alaside for irregularity with costs, and the rule right to have her confidential communica-1,
4 is discharged generally without an express di
4 rection as to costs, what becomes of them? tions with her solicitor protected. For the 15. Is a party, taking out a summons before respondents, the case of Parrutt v. Parratt, a Judge, entitled to an order on the return 2 De G. & S. 259, was referred to.
thereof, or must he take any further step ? The Vice-Chancellor said, -
16. Before what hour must services of “My opinion is. that the principle laid pleadings, notices, summonses, &c., be made? down in Cholmondeley y. Clinton, 19 Ves. 261, and what is the consequence, if made after that does not apply to this case. I think that there hour is no ground upon which the Court ought to
1 17. In what two cases are rules for attach
17 interfere to prevent this gentleman from com- men
m ments absolute in the first instance ? municating to the next of kin what took place
18. If a witness do not attend upon his subbetween him and the administratrix in the pæna, can he be proceeded against ? and if so, course of the administration of the estate. I in what way! consider this to be the right conclusion in the
19. At wh
19. At what time must a judgment be re- , present instance, though assenting, as I do en- vived, and by what process ? tirely, to Lord Cholmondeley's case."
III. CONVEYANCING. The motion was refused without costs. I 20. Suppose an estate limited by deed to A. Hutchinson v. Newark 3 De G. & S. 727. utchinson v Nemork 3 De G & S 797 for life with remainder to the heirs of his body;
what estate does A. take ?
21. Mention the principal parts of a conveyQUESTIONS AT THE EXAMINATION. lance in fee by a mortgagor and mortgagee to
a purchaser. Easter Term, 1853.
22. Is there any and what difference be1. PRELIMINARY.
tween the covenants for a title on a mortgage 1. WHERE, and with whom, did you serve and on a sale ? your clerkship?
23. Tenant for life grants leases under a 2. State the particular branch or branches power. Are the rents apportionable at his of the law to which you have principally ap- death? plied yourself during your clerkship.
| 24. In case of a doubt as to the proper 3. Mention some of the principal law books stamp to be put on a deed, what course would which you have read and studied.
you recommend to be adopted for your client's 4. Have you attended any, and what, law security ? lectures ?
25. State the requisites for the due execution
of a will, and are they the same both with reII. COMMON AND STATUTE LAW, AND PRAC
gard to real and personal estate? TICE OF THE COURTS.
26. What effect has marriage upon a will ? 5. State some of the alterations by the Com- 27. A father by his will gives a legacy of 514
Questions at the Examination. 10,0001. to his son, the son dies in the father's junction, and mention some of the cases in lifetime leaving children ; what becomes of the which the Court will grant that remedy? 10,0001, ?
48. Are there any and what cases in which 28. What provisions would you insert in a Equity will relieve against the forfeiture of a marriage settlement for the protection of a wife lease by breach of covenant, and any, and and children, where the intended husband is what cases in which Equity will not relieve in a precarious trade?
against such forfeiture? 29. What is a rent seck ?
1 49. If a contract be broken, what remedy is 30. What different remedies has a mort- afforded by a Court of Equity, and in what regagee with a power of sale for the recovery of spect does it differ from a proceeding at Law his mortgage money?
| for breach of contract ? 31. If a person dies unmarried and intestate ...
v. BANKRUPTCY, AND PRACTICE OF THE leaving a mother, two brothers, and a sister
COURTS. surviving him : who become entitled to his real, and who to his personal estate ?
50. State briefly the principle of the Bank32. In the same events if he leaves a father rupt Laws, and the relief which they afford. also surviving him, who become entitled to l. 51. In what essential respect do they differ his real, and who to his personal estate ? |
in principle from the Insolvent Laws and the 33. In the same events if he leaves neither relief given by the latter? father nor mother, but a brother by the half 52. What are the three conditions required blood, and two sisters by the whole blood: to constitute a bankrupt? who become entitled to the real, and who tol. 53. In what case may articles of merchanthe personal estate ?
dize be sold without subjecting the vendor to 34. If a married woman is entitled to money
the Bankrupt Laws? secured by bond, and the husband dies in her! 54. Enumerate the different Acts of Banklifetime before the bond is paid off: who be- ruptcy? comes entitled thereto?
55. Can a trader make himself a bankrupt,
and under what restriction? IV. EQUITY AND PRACTICE OF THE COURTS.
· COURTS. I 59. What proceedings take place at the 35. What is meant by “Equity,” as admi- hearing of the petition for adjudication. nistered in our Courts, and how is it distin- 37. Within what time, whether in town or guished from Law ?
country, must the adjudication be obtained, 36. Mention some of the principal heads of land what consequences ensue from its not equitable jurisdiction.
being obtained within due time? 37. What is the general course of proceed- 58. How does the debt of a petitioning creing, as now established, to obtain relief in a ditor differ from a debt provable under the ad. Court of Equity ?
judication ? 38. In instituting a suit on behalf of an 59. What are contingent debts. Describe infant or married woman, what authority must some of them. the solicitor take to use the name of a next 60. Is a claim upon a charter-party for defriend, and at what stage of the suit is such murrage incurred after the bankruptcy, a conauthority to be adduced ?
tingent debt ? 39. What time is allowed to a defendant to 61. Are any and what contingent debts appear, after service of a bill of complaint ? provable under the petition for adjudication ?
40. What are the several liabilities to which 62. Must any and what consent be obtained a defendant, not appearing in time, becomes by assignees before commencing an action at subject ?
Law, or suit in Equity, or before referring any 41. What is the mode of proceeding against claim to arbitration." a corporation failing to enter an appearance ? | 63. If a bankrupt be holder of leasehold
42. Within what time, after appearance, premises which are not likely to be beneficial must a defendant plead, answer, or demur, and to the estate, what course must the landlord in case of default, what liabilities does he incur? and assignees respectively take in regard to the 43. Has any improved effect been giver by
Provedenect been giver by property? any, and what Statute, to decrees, or orders of 64. What are the principles of reputed a Court of Equity, and can they be enforced in ownership ? the same, or any similar manner, as judgments at law?
VI. CRIMINAL LAW, AND PROCEEDINGS 44. May the plaintiff in any case move for a
BEFORE MAGISTRATES. decree before the defendant's answer is filed, 65. State generally the jurisdiction of Courts and what is the course of proceeding? | of Quarter Sessions.
45. If access to her infant children be re- 66. What appeal lies from all, or any, of the fused to a mother by the father or guardian, decisions or orders of the Quarter Sessions ? will the Court interfere to any and what extent, 67. Can questions of Law be reserved at the and if so under what authority ?
Assizes or Quarter Sessions in Criminal Cases, 46. Will a Court of Equity recognise any for the opinion of any, and what, Judges of the period of time as a limitation to a suit against Superior Courts ? à trustee who is charged with fraud in the 68. How are such questions brought before execution of his trust?
the Judges, and when and where are they de47. What is the nature and effect of an in- cided ?