« EelmineJätka »
Payment of Fees by Stamps.-Business at the Chambers of the Equity Judges. 95 affidavits are sworn in the country, it often hap-gested that the office copies of pleadings and pens that no stamp is used or an insufficient or depositions not exceeding 50 folios should he inaccurate one. The stamp must be a Court of 10s., with 10s. for each additional 50 folios, Chancery stamp, and not another stamp of the and for affidavits not exceeding 25 folios 58., same amount, otherwise the Fee Fund would and the like fee on each additional 25 folios. suffer a loss, and in all such cases there is the The abolition of small fees is particularly sugdelay and inconvenience of attending specially I gested as facilitating business. at the Stamp Office.
3rd. The preferable course, both to the In regard to town affidavits also, it frequently suitor and the practitioner, for removing all occurs that after the affidavit has been en- Jinconvenience and securing the advantage of grossed on a proper stamp, another deponent despatch, would be, to direct the party, or his is added, the stamp is then insufficient, and a solicitor,—who files an answer, affidavit, or re-engrossment or an attendance at the Stain other pleading or proceeding, --to deliver a copy, Office becomes necessary.
as in the case of printed bills (and according Inconvenience is also occasioned in the to the practice in regard to pleadings in the Taxing Masters' Office, where there are seve- Common Law Courts) to the opposite party, ral bills of costs, and the party obtaining the or his solicitor. Such copy would be in the certificate objects to pay the poundage for the nature of an attested copy, verified by the sigother parties; and there being but one certifi- nature of the solicitor, and charged for, subject cate, each party cannot bring a stamp.' to taxation, as costs in the cause. The loss to
the Fee Fund, if this suggestion were adopted, PROPOSED REMEDIES.
might be made up by the increase of other The inconveniences would be removed by the fixed fees. adoption of one of the three following plans :
Ist. That office copies be bespoken and paid Since the receipt of the foregoing sugfor as formerly when taken away. It appears that the instances in which office copies have 80
have gestions, we have obtained a copy of the Lord been bespoken and not afterwards paid for are Chancellor's order, directing the use of advery few; and consequently the number of hesive stamps (see p. 93, ante). This prompt stamps which would be spoiled might be pe- relief affor led by his lordship will apply to all riodically allowed at the stamp office on a certificate of the officer in whose department they
ther the instances in which at present it would be had been spoiled.? Or the loss to the Fee Fund necessary to send specially to the Stamp Office might be avoided by compelling the solicitor, to add the filing and oath stamps to affidavits, within a limited time, to take the copies he had the oath stamps to answers,—and the transcript bespoken. To carry this suggestion into effect,
stamps at the Accountant-General's Office. it appears that a stamp distributor should be appointed, to whom a certain amount of The inconvenience as to office copies will also, stamps should be delivered periodically, upon we understand, be speedily removed. security being given by the distributor. - 2nd. In lieu of the preceding suggestion,
401, BUSINESS AT THE CHAMBERS OF and in accordance with the practice in the Re
THE EQUITY JUDGES. gistrar's Office,—where a fixed fee of il. is paid for an office copy of a decree or order, or Tue of a petition of appeal or rehearing,-it is pro
The following applications are to be made posed for avoiding the inconvenience of having at the Chambers of the Judges : a separate stamp of 1s. 6d. for each deponent, 1. As to guardianship of infants (except the in addition to 28. 6d. for filing an affidavit, an appointment of guardian ad litem). aggregate stamp of 58. might be used for all *2. For the appointment of special guardian affidavits. And to prevent the inconvenience to concur in a special case. of having a 4d. stamp on each folio of an office 3. As to maintenance or advancement of copy, an aggregate stamp might be fixed for infants. all office copies. But in order to avoid the 4. Under the Drainage Act. hardship on suitors in small cases, it is sug- 5. Under the Trustee Acts of 1850 and
- 1852. It must be admitted that, according to the 6. For the administration of estates under former practice, the solicitor who had charge the Act 15 & 16 Vict. c. 86. of the order to tax, was obliged to collect the 7. Under the Legacy Duty Act for payment several proportions of per-centage from the of money out of Court. respective solictors.
8. For time to plead, answer, or demur. * The solicitors also unavoidably have many 9. For leave to amend bills or claims. stamps spoiled, and which should be allowed 10. For enlarging publication or the time on their certificate, instead of an affidavit and for closing evidence. personal attendance at the Stamp Office.
11. For the production of documents. 3 The adhesive stamps ordered by the Lord 12. Relating to the conduct of suits or Chancellor will remove the difficulty, both as matters. to the filing fee and the fee on each deponent's 13. As to matters connected with the maoath.
nagement of property.
96 Statoties of the County Courts.-Correspondence. Appeals from Colonial Courts.
14. For payment into Court of purchasers' sconfirmed, 8 were reversed, 15 were dropped, muneys under sales by order of the Court, in 1 new trial ordered, and the other 6 remain and investing the same.
undecided. [We gave this List in the Postscript of the The number of plaints entered by consent of 13th November, but deem it useful to repeat it parties, under the 13 & 14 Vict. c. 61, s. 17, here].
from 1st Jan. 31st Dec. 1851, inclusive, was
40, of which 30 were tried, together with I STATISTICS OF THE COUNTY COURTS. which was entered in 1850.
The total amount received by the treasurers ANALYSIS OF PARLIAMENTARY RETURN OF on account of the general fund, from the comBUSINESS,
mencement of the Courts to 31st Dec. 1851, inFrom 1st Jun. to 31st Dec., 1851.
clusive, is . . . . . . . . £239,265
And the payments made thereout 188,032 1. Number of plaints entered : Above 2012 and not exceeding 501. £ 13,446 SPIPO
P/SELECTIONS FROM CORRESPONDENCE. Not exceeding 20l...... 428,138
EMOLUMENTS OF OFFICIAL ASSIGNEES. Total number of plaints entered". 441,584
Some years ago 80,0001, was received by an 2. Number of plaints tried :
official, on which he charged and was paid his Above 201. and not exceeding 501. 8.236 | 5l. per cent., being 4,0001. The was little or Not exceeding 201... ... 225,410 no trouble in getting in the money, and it was
all collected in about a month. 3. The number of days that the 60 Courts has
The charges of the solicitor to the commissat, is 8,356.?
mission for the same trouble would not have 4. The total amount of moneys for which plaints
exceeded some 251. or 301.-nearly 4,0001. was were entered, is · · · · £1,024,910 | therefore shamefully and improperly taken out .5. The total amount of moneys for which judge of the creditors' pockets. "A SOLICITOR.
ment has been obtained exclusive of costs, is . . . . . . . . . . £815,514
NON-ATTENDANCE OF COUNSEL. And the amount of such costs," is 191,075
And so it seems the attorney is to be mulcted 6. The amount of moneys paid into Court, in
in costs, if his counsel fail to attend the Court. satisfaction of debts sued for, without pro- Was
without pro. Was ever so monstrous an idea promulgated ceeding to judgment, is . . . £100,194 from
14 | from the Bench before ? Everything seems to 7. The total of the Judges' fund and officers' | be done to lower the Profession and do them
fees, is . : . :.:.:.: · Which consists of Judges
every possible injury, regardless of their fair
claims to protection ;-while, on the other hand, fund . . . . . . £83,970 Clerks' fees, including those
every advantage is given to the other branch
of the Profession. in cash book and in exe
If such a rule is ventured to be acted upon, cution book . . . . 83,970
there will be no alternative but to pass an Act Bailiffs' fees, including
of the Legislature authorising an action at law those on executions. . 63,216
to recover a compensation in damages against The moneys received on account of
the counsel, as well as to enforce a return of the general fund, is . . . . . 41,066
his fee so unrighteously retained. Indeed, my
conviction is, that in all cases where Gross total amount of moneys re
the counsel fails to attend the fee should be received . . . . . . . . . £272,500
turned; but how rarely, very rarely, do we 8. The total amount of moneys received to the see this practised. credit of the suitor was.. £618,468
AN ATTORNEY OF NEARLY 50 YBARS. And the amount paid . . . . . 615,181 9. The number of causes tried by a jury is ' APPEALS FROM THE COLONIAL COURTS 879, in 433 of which the party requiring the
TO THE jury obtained a verdict.
PRIVY COUNCIL. 10. The number of executions issued by the
clerk of the Court against the goods of de-| By an Order in Council, dated Windsor,
fendants, is . . . . . . . . £59,762 November 27th last, it is declared expedient, 11. The number of warrants of commitments according to the provisions of the Act passed
issued by the clerk of the Court, is £9,839 in the 7 & 8 Vict. for amending an Act passed
The number of appeals entered under the in the 4 Wm. 4, that any person or persons 13 & 14 Vict. c. 61, from 1st Jan. to 31st De- may appeal to her Majesty, her heirs and suc. cember, 1851, inclusive, was 38, and 3 were cessors, in her or their Privy Council, from any pending on 1st Jan. 1851, of which 11 were final judgment, decree, order, or sentence of
the Supreme Court of the province of New "The average amount of which is 31. 138.7d. Brunswick, as a Court of civil judicature, or
* This would make an average of 139 days as a Court of rerenue or of escheat, in such or 23 weeks in the course of the year.. manner, within such time, and under and subLocal and Personal Aots, LOCAL AND PERSONAL ACTS, 128. An act for constituting Commissioners Declared Publie, and to be Judicially Noticed. the Navigations thereof; for the more effectual
* This amount includes the allowance to ject to such rules, &c., as therein mentioned. counsel, attorneys, and witnesses.
1- From the London Gazette, of Dec. 7.
for the Improvement of the River Nene and 15 & 16 VICT. 1852.
drainage of certain lands in the counties of [Concluded from p. 68.]
Northampton, Huntingdon, and Cambridge ; 115. An aet for repairing the Road from
and for other purposes. Leek in the county of Stafford to Monyash,
· 129. An act to amend an Act passed in the and from Middlebills to the Macclesfield Turn
7th year of the reign of King George the Fourth, pike Road near Buxton in the county of Derby,
intituled “ An Act for more effectually making, and thence to Otterhole, and certain branches
nch repairing, and improving certain Roads leading of road communicating therewith.
to and from Liskeard, and certain other Roads 116. An act to consolidate and amend the
the therein mentioned, in the counties of Cornwall Acts relating to the Ipswich Dock, to allow
and Devon;" and for other purposes. certain drawbacks, and for other purposes.
| 130, An act for the Conservancy of the river 117. An act to enable the South Wales Rail-1)
W e Rol. Humber, and for amending some of the Proway Company to construct new Railways to
v isions of an Act relating to the Kingston. Milford Haven and at Newport, and to abandon
den upon-Hull Docks. portions of the lines from Fishguard aud at [.
| 131. An act to extend and amend the ProHarerfordwest; and for other purposes.
" visions of the Act relating to the Wedmore 118. An act for making a Railway from the
Turnpike Road in the county of Somerset, to Lancashire and Yorkshire Railway in the town
create a further term therein, and for other ship of Bowling near Bradford to the railway
purposes. belonging to the Lancashire and Yorkshire and
132. An act for abandoning certain Parts of London and North Western Railway Com
the Undertaking of the Lancashire and Yorkpanies, or one of them, in the township of
shire Railway Company; for constructing cerWortley near Leeds, all in the West Riding of
tain new Works, and extending the Time for the county of York, to be called “The Leeds,
de Completion of existing Works; and for Sale Bradford, and Halifax Junction Railway," and
ne of superfluous Lands; for regulating certain for other purposes.
Portions of the Capital of the Company and 119. An act for maintaining the Road from
the Application of Capital; and for authorising Blackburn to Preston and the Two Branches
the raising of Money by Annuities; and for therefrom, and erecting a Bridge on the line of "
of other purposes. the said road over the river Ribble, all in the
_133. An act to confer on the Great Western County Palatine of Lancaster.
Railway Company further Powers for the Pur120. An act to repeal an Act passed in the
the chase of Lands on the Lines of, and for the 4th year of the reign of his late Majesty King
Construction of, the Birmingham and Oxford George the Fourth, intituled “An Act for more
Junction and Birmingham, Wolverhampton, effectually repairing the Road from Preston to
aud Dudley Railways respectively; and for the Garstang in the county of Lancaster;" and to
Alteration of the Works of Part of the last
mentioned Railway; and for the Formation of make other provisions in lieu thereof. 121. An act for making further provision
an Extension Line of Railway at Wolverhampfor the Conservancy of the Port and Harbour
ton; and for other purposes. of Belfast, for conferring additional powers on
| 134. An act for more effectually maintaining the Belfast Harbour Commissioners, and for
and keeping in repair the Road from Cam
"] bridge to Ely, and other Roads therein men. other purposes. 122. An act for maintaining and improving
tioned, in the Counties of Cambridge and the Blyth and Tyne Railway in the county of
Norfolk. Northumberland, and for incorporating the
135. An act for consolidating into One Act Subscribers thereto.
and amending the Provisions of the several 123. An act to repeal the Act relating to the
Acts relating to the North Western Railway Road from the town of Kingston-upon-Thames
Company; for extending the Time for conin the county of Surrey to Sheetbridge near
structing certain Parts of their Undertaking; Petersfield in the county of Southampton; and
and granting further powers to the said com
1 pany; and for other purposes. to make other provisions in lieu thereof.
136. An act for the Reduction of Dues on 124. An act for the Incorporation, Establishment, and Regulation of the North British Flax
Shipping and Goods payable to the Mayor,
Aldermen, and Burgesses of Kingston-uponCompany, and to enable the said company to
| Hull, the Hull Trinity House, and the Dock purchase and work certain Letters Patent. 125. An act for incorporating and giving
Company at Kingston-upon-Hull respectively.
| 137. An act to enable the Midland Great Powers to the Frome, Yeovil, and Weymouth
"Western Railway of Ireland Company to make Railway Company, and for other purposes. 126. An act for enabling the Monmouthshire
ima Deviation in the authorised Line to Long
I Railway and Canal Company to make certain
in ford, and a Branch Railway to the town of new railways, and for other purposes.
Cavan, and for other purposes.
| 138. An act for the better Establishment of 127. An act for enabling the York and North Midland Railway Company to make a Railway
Ja Market at Torquay in the county of Devon,
and for other purposes. to the Victoria or East Dock at Hull, and for
1 139. An act to repeal the Acts relating to other purposes.
Local and Personal Acts. the Asthall and Buckland Turnpike Road, Navigation of the river Slaney, and for other and to make other Provisions in lieu thereof. purposes.
140. An act for enabling the Completion of 153. An act to enable the South Yorkshire the Wilts, Somerset, and Weymouth Railway Railway and River Dun Company to transfer between Frome and Weymouth to be effected, their Undertaking to the Great Northern Rail. and for authorising and confirming Contracts way Company. between the Great Western Railway Company 154. An act to repeal the Acts relating to and the Kennet and Avon Canal Company the Exeter and the Countess Wear Turnpike and other companies, and for other purposes. Roads, and to make other Provisions in lieu
141. An act for incorporating Claussen's thereof, and to authorise the Construction of Patent Flax Company, and to enable the said certain new Roads; and for other purposes. company to purchase and work certain Letters 155. An act for the Transfer of the UnderPatent.
taking of the British Gas Light Company to 142. An act for enabling the Amalgamation the Commercial Gas Company, and for other of the Stockton and Hartlepool Railway Com- purposes. pany and the Hartlepool West Harbour and 156. An act for extending the Chelsea Dock Company, and for authorising the Lease Waterworks, and for better supplying the or Purchase of the Clarence Railway by the city of Westminster and Parts adjacent with Stockton and Hartlepool Railway Company or Water. the Amalgamated Company, and for consoli- 157. An act for enabling the Grand Juncdating the Acts relating to the same com- tion Waterworks Company to obtain a Supply panies; and for other purposes.
of Water from the Thames at Hampton, and 143. An act for the Improvement of the to construct additional Works, and for other borough of Cork.
purposes. 144. An act to enable the Manchester, Shef. 158. An act for making divers Provisions field, and Lincolnshire Railway Company to with respect to the Southwark and Vauxhall construct certain Branch Railways.
Water Company, for empowering that com145. An act to amend and enlarge the pany to execute additional Works, and for Powers and Provisions of the Acts relating to other purposes. the Oxford, Worcester, and Wolverhampton 159. An act for enabling the Company of Railway Company ; to extend the Tine for the Proprietors of the West Middlesex WaterCompletion of the Works, and the Purchase of works to obtain by Agreement a Supply of certain Lands; to authorise Deviations in the Water from the Thames above the Reach of Line and Works, and the Construction of cer- the Tide, and to raise further Capital, and for tain Branches and Works; and for other other purposes. purposes.
160. An act to enable the Governor and 146. An act to authorise the Shrewsbury Company of the New River to improve their and Chester Railway Company to construct Supply of Water; and for other purposes. additional Branches; to purchase or hire; 161. An act for enabling the Local Board Steam-boats; and for other purposes.
of Health for the town and district of Swansea 147. An act to revive and extend the Time to construct Waterworks; and for other pur. for the Execution of certain Powers conferred poses. by “The Wycombe Railway Act, 1846 ;” and 162. An act for the Conservancy, Improvefor reducing the Capital of the Wycombe Rail- ment, and Regulation of the river Tees, the way Company; and for enabling the Company Construction of a Dock at Stockton, the Dis. to enter into Arrangements with the Great solution of the Tees Navigation Company, and Western Railway Company; and for other other purposes. purposes.
1 163. An act to define and amend the 148. An act for enabling the Eastern Union Mineral Customs and to make better ProRailway Company to make Arrangements with vision for the Administration of Justice in the certain of their Creditors and Shareholders, Barmote Courts within the Soke and Wapenand with respect to their Capital, and for take of Wirksworth, and within the Manors or granting additional Powers to the Company; Liberties of Crich, Ashford, Stoney Middleton and for other purposes.
and Eyam, Hartington, Litton, Peak Forest, 149. An act to incorporate the London Ne-Tideswell, and Youlgreave, in the county of cropolis and National Mausoleum Company, Derby. and to enable such Company to establish a 164. An act for making divers Provisions Cemetery in the parish of Woking in the with respect to the East London Waterworks county of Surrey, and for other prirposes. | Company, for empowering that company to
150. An act for constructing a Cemetery execute additional Works, and for other purnear to Torquay in the county of Devon. " poses.
151. An act to repeal the Wexford Harbour | 165. An act to authorise the Use by the Improvement Act, and to make new Arrange- Shrewsbury and Birmingham Railway Comments for a more effective and expeditious pany of the Navigation Street Station in BirExecution of a Portion of the Undertaking mingham, and for other purposes. thereby authorised, and for other purposes. 166. An act for making a Railway or Tram
152. An act to appoint Commissioners for road from the Aberllefenny Slate Quarries in the Execution of certain Improvements in the the parish of Talyllyn in the county of Me.
Local, Personal, and Private Acts. rioneth to the river Dovey in the parish of tees contained in the said Settlement; and for Towyn in the same County, with branches extending the Powers of Sale and Exchange therefrom; and for other purposes.
contained in such Settlement. 167. An act to consolidate into One Act 9. An act for enabling Leases and Sales to and to amend the Provisions of the several be made of Estates subject to the Will of Micah Acts relating to the Birkenhead, Lancashire, Gedling deceased, and for other purposes, and and Cheshire Junction Railway Company, to to be called “Gedling's Estate Act, 1852.” define the Undertaking of the Company, and 10. An act to enable the President and for other purposes.
Scholars of the College of Saint Mary Magda168. An act to authorise Traffic Arrange- len in the University of Oxford, as owners in ments between the Great Western, the Shrews. fee of lands at Wandsworth in the county of bury and Hereford, and the Hereford, Ross, Surrey, to grant Building Leases; and for and Gloucester Railway Companies.
11. An act to incorporate the Society of the PRIVATE ACTS,
craft of Smiths and Hammermen of the burgh
of Aberdeen; to confirm, amend, and regulate PRINTED BY THE QUEEN'S PRINTER,
the administration of the estates and affairs of And whereof the Printed Copies may be given the said Society; and for other purposes rein Evidence.
lating to the Society. 1. An act to authorise the Improvement and ! 12. An act to authorise the Sale of the Leith better Management and eventual Leases or Exchange Buildings, and the application of the Sale of the Piece Halls in the town of Brad Price thereof in the Extinction of Debts affectford in the county of York; and to incorpo- ing the same; to distribute and appropriate rate the Proprietors thereof.
any balance that may arise from said Sale; and 2. An act for enabling the Trustee or Trus- to wind up the concern. tees of the Will of the Right Honourable Anna 13. An act to enable John Eden Spalding, Maria Dowager Lady Wenlock deceased to sell Esq., under the authority of the Judges of the and dispose of a Leasehold Messuage, with the Court of Session in Scotland, to raise money Statuary and Household Furniture by the same by Sale or upon Security of the Estate of Holm Will bequeathed as therein mentioned. and other Lands in the Stewartry of Kirkcud
3. An act to unite the Manchester House bright, for discharging certain debts and liaof Recovery with the Manchester Royal In-bilities of the said John Eden Spalding; and firmary, Dispensary, and Lunatic Hospital or for other purposes. Asylum.
14. An act for the Regulation and Manage4. An act for authorising the Sale of the ment of the Charity founded by Thomas Howell Bowden Park Estate in the county of Wilts, in or about the year 1540, and for other purdevised and settled by the Will of Ezekiel poses. Harman, Esq., deceased, and certain Codicils 15. An act for enabling the Trustees of the thereto, and for laying out the Surplus of the Settlement of Cary Charles Elwes, Esq., to Money produced by such Sale, after Payment to grant Building and other Leases of Land, of a Mortgage affecting the same, in the Pur- and to make Improvements on the settled Eschase of other Estates to be settled to the same tates in the county of Lincoln, and to purchase uses.
Waterworks in the town of Glamford Briggs. 5. An act to authorise the granting of Leases 16. An act for enabling the Trustees of the of Estates devised by the Will of John Clark- settled Estates of the Right Honourable Henry son, Esq., deceased, situate in the counties of John Reuben, Earl of Portarlington, situate in Middlesex and Surrey.
the county of Dorset to lay out the moneys 6. An act to enable the Trustees of the Right arising under the Exercise of the Powers of EnHonourable James, Earl of Fife, deceased, to franchisement and Sale and Exchange consell and convey the Estate of Balmoral in the tained in the Settlement of the same Estates in county of Aberdeen to His Royal Highness the Purchase of other Estates in England, Prince Albert of Saxe Coburg and Gotha, and Wales, or Ireland, in lieu of being restricted to to grant Feus of Parts of the Estates vested in laying out the same moneys in the purchase them.
of Estates in England or Wales, as directed by 7. An act to explain and amend the Powers the said Settlement. of the Governors of the Hospital in Edinburgh 17. An act for the Regulation of the Charity founded by George Watson, Merchant Burgess founded by George Jarvis, for the Benefit of of Edinburgh.
the Poor Inhabitants of the several parishes of 8. An act to enable Francis Adams, Esq., or Stanton-upon-Wye, Bredwardine, and Letton, other the Committee of the Estate of Mary all in the county of Hereford ; and for other Shute Adams, a Person of unsound Mind, for purposes. and in the name and on behalf of the said 18. An act for enabling Leases, Sales, and Mary Shute Adams, to consent to the exercise Exchanges to be made of the Family Estates in of certain Powers contained in the Marriage the county of Southampton of the Reverend Settlement of the said Francis Adams, and in Sir John Barker Mill, Baronet, and for other a certain Act of Parliament passed in the 1st purposes, and to be called “Barker Mill's year of the reign of her present Majesty, and Estate Act, 1852.” to exercise the Power of appointing new "Trus. 19. An act for enabling Leases Sales and