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140 New Order the Chancery mor of Kennington County Court Jurisdiction. Clerks of Records and Writs, June 3. [From MANOR OF KENNINGTON. The Jurist.)
The accuracy of our report of the former de- The copyholders in this manor consider cision of this case was questioned by a corre- themselves peculiarly entitled to a favourable spondent of The Jurist, and we consequently consideration, inasmuch as they were in 1852 gave the shorthand-writer's notes verbatim absolutely deprived, through an Act of the (see 47 Leg. Obs. p. 256). The recent deci- Legislature, of their rights of common and sion which we reported, ante, p. 109, goes even pasturage on Kennington Common, and of farther as to the power of the Commissioners any allotments to which they would have been than the previous decision. Our contempo- entitled on an inclosure. rary, The Jurist has given a somewhat fuller It cannot be questioned, looking at the loreport of the last decision, of which we have cality, that such allotments would have been above availed ourselves.
of almost incalculable value, and not less as
building ground than from 5001. to 6001. an NEW ORDER IN CHANCERY.
The copyholders, however, perceiving the
laudable design of Prince Albert to frame a FROM 90 TO 72
park on the common for the recreation of the
public, considerately abstained from all oppoThe Right Honourable Robert Monsey sition to the Bill introduced into Parliament in Lord Cranworth, Lord High Chancellor of Great Britain, doth hereby, in pursuance of missioners of her Majesty's Works and Public
1852, intituled “An Act to empower the ComAct in 16th years of the reign of her present Ma- Buildings to inclose and lay out Kennington jesty, intituled “An Act for the relief of Common as Pleasure Grounds for the recreathe Suitors of the High Court of Chan- tion of the Public.” Whereas, on the concery,” and in pursuance and execution of trary, on a similar measure being passed in all powers enabling him in that behalf, reference to Battersea, those interested claimed order and direct as follows, that is to say : and were allowed some 1,500l. for their com1. That from and after the 2nd day of
mon rights. And yet, by the Kennington July, 1854, all office copies and other Common Act, sect. 4, that common is kindly copies of pleadings, proceedings, and docu- vested in the Commissioners, “ freed and disments in the Court of Chancery shall (ex- charged from all rights of common and all other cept in the cases hereinafter mentioned) be rights whatsoever.” counted and charged for after the rate It may be observed, that had Kennington of 72 words per folio ; and where such Common been inclosed under the sanction of copies, or any portion thereof, shall com- Commissioners, the portion usually allotted to prise columns containing figures, each figure the lord of a manor being about a sixteenth, shall be counted and charged for as one
so that in truth the copyholders relinquished word.
no less that fifteen-sixteenths of the common 2. From and after the 2nd day of July, for the use of the public to meet the wish of 1854, the charge for all transcripts of ac- the prince. Surely, then, it would be manicounts made in the office of the Account- festly unjust to charge them for their enfranant-General shall be after the rate of 2s. for chisement based on the rack-rents, and not on each opening of such transcript consisting the rents reserved by the building leases. of the debtor and creditor sides of the ac
R. count to be entered therein. 3. The charges hereinbefore directed to
COUNTY COURT JURISDICTION. be made shall be paid by means of stamps according to the General Orders of the
DISTANCE OF PARTIES HOW MEASURED? Court of Chancery in that behalf now in The County Court Act says that the Suforce, so far as relates to documents fur- perior Court 'shall have jurisdiction if the nished by the said Court.
plaintiff lives more than 20 miles from the
place of business of the defendant. June 21, 1854. CRANWORTH, C. A defendant owed a man, who lived at
London Bridge, on a note of hand made in London for a balance of 31., and a few shillings for interest. He claimed sl., and indorsed his
ANNUAL REPORT OF THE COMMITTEE OF
County Court Statistics.-Metropolitan and Provincial Law Association, note to a brother-in-law who lives at Graves- cuit the number is 26—the distance of the end, who gave it to an attorney in the Temple, prison only averaging nine miles from the who issued a writ in the Superior Court Court. In the Yarmouth Circuit there are three against the defendant for 8l, and costs. The prisons for the several parts of the district, disdefendant took out a summons to stay on tant 1, 20, and 54 miles, and a creditor may payment of 41. odd, the real balance due on therefore have to pay from 1s. to 54s. for the the note, including interest, which was imme- debtor's conveyance to prison. diately assented to, and the costs were taxed at 21. 108., and the debt and costs, amounting to 71., immediately paid.
METROPOLITAN AND PROVINCIAL Was the defendant bound to pay costs as in
LAW ASSOCIATION. the Superior Court? Gravesend, as the crow flies, is less than 20 miles from where the defendant carries on his business, but by turnpike road, railroad, or by water exceeds 20 miles.
April 29th, 1854.
State of the Association.-During the past COUNTY COURT STATISTICS.
year, Mr. John Bulmer, of Leeds, and Mr.
Ryland, of Birmingham, have each kindly unFrom the Statistics of the County Courts The Committee have also had the pleasure of
dertaken the duties of Corresponding Member. (ante, p. 103) it appears :
adding to the list of their provincial colleagues, That the proportion per cent. of causes tried the name of Mr. F. L. Bodenham, of Hereford. to plaints entered under 201. is 52-varying They have also made arrangements with the from 71 to 31 per cent., and of causes above Bristol Law Society, by which the officers of 201., is 58. In the Metropolitan districts the that Society will, during their tenure of office, proportion is high; while in Wales, Northum- become Members of this Association. berland, Cornwall and other thinly populated The Committee must once more press upon parts of the country, in which the distances to the members the importance of extending this be travelled to the Courts are very great, the organization as widely as possible. And for proportion of causes heard is small.
this purpose, they would again call attention That the average amount for which plaints to the resolution passed last year :were entered, is 21. 188.
“That in every town where there are five or That the proportion per cent. of costs to more subscribers, the members be invited to amounts for which judgment has been ob- send to the Committee the names of such of tained is 25. This is made up of 17-25ths their number as they may desire should be Court fees, and 8-25ths expenses of counsel, added to the Committee." attorneys, and witnesses. In some of the The Committee regret to say that, except by country circuits the costs and fees are much their friends at Hull and Leeds, this resolution more than 25 per cent. of the amount of the has not been responded to in any one case. claims adjudicated on. This may be accounted In Leeds, a canvass of the town has been unfor by the mileage fee payable for the service dertaken by a local Sub-Committee, and the of the summons and the travelling expenses of result has been that thirteen additional memwitnesses in these districts. The difference be- bers have been added to the Association. tween the proportion in one country circuit and During the last Long Vacation, the Secreanother may be caused from the practice which tary made his usual tour, and visited the towns exists in some circuits of allowing a plaintiff, of Reading, Oxford, Bath, Bristol, Monmouth, where his evidence is material, his expenses as Hereford, Newport, Cardiff, Swansea, and a witness, and in others not to allow them. In Carmarthen. As on former occasions, he the Metropolitan Courts and in the large towns found everywhere a general feeling of depressuch as Liverpool, Manchester, and Bristol, sion at the actual state and prospects of the the costs are low, as no mileage is payable Profession, accompanied by the opinion that, either for service or witnesses.
however desirable a general union of all its That the number of judgment summonses members would be, it is not to be expected that hearri per 100 issued, is 51.
such a union can be effected. This feeling is That the number of warrants of commitment too often made the excuse of doing nothing, on every 100 judgment summonses issued, is even by those who acknowledge the great need 26.
of increased association. However, by visiting That the number of persons actually taken the various towns, and, where necessary, callto prison on every 100 judgment summonses ing upon gentlemen in their own offices, the issued, is 11. The smallness of that number Committee are gradually getting into commuarises from the prisons being many miles dis- nication with those who are willing to do tant from Courts, and the plaintiff having to something, and are thus enabled to furnish a pay a fee of 1s, a mile to convey the defendant reply to the question that meets them upon to prison. Thus, in the Liverpool Circuit there every application --“What have the Committee were only four warrants actually enforced for done for us?”—a question to which the Comevery 100 commitment summonses, the prison mittee trust the members will deem that a being 52 miles off, while in the Norfolk Cir- satisfactory answer is found in the history of
Metropolitan and Provincial Law Association--Annual Report. the operations of the Association, contained in Equity, other than and except serjeants-at-law,., the Annual Reports and the periodical Cir- barristers, solicitors, attorneys, notaries, proc. culars--a history which shows a continued, tors, agents, or procurators, having obtained and not altogether unproductive course of ex. regular certificates, and special pleaders, drafts. ertion on the part of the Committee. Although men in equity, and conveyancers, being memit is true, and a truth which the Committee are bers of one of the four" Inns of Court, and anxious to impress more and more upon all having taken out certificates, and other than the members of the Profession, that thoze ex- and except persons solely employed to engross; ertions would have been very much more pro- any deed, instrument, or other proceedings not: ductive if the means of action had been more drawn or prepared by themselves, and for their generally contributed by the Profession. own account respectively, and other than and
Encroachments. During the past year, the except public officers drawing or preparing Committee have had to direct their attention official instruments applicable to their respective to various cases, in which the proper province of offices, and in the course of their duty, shall, the Profession has been occupied by irregular forfeit and pay for every such offence the sum practitioners. They have received complaints of 50l., provided always, that nothing herein from several of their correspondents, of the contained shall extend, or be.construed to ex. extent to which professional business is trans- tend, to prevent any person or persons drawing acted by accountants, house-agents, and bro- or preparing any will or other testamentary kers; and they regret to say, that in the ma- papers, or any agreement not under seal, or any jority of these cases, there is no law which will letter of attorney.” fford them any protection. At the same time, The Committee are not unfrequently re
is perfectly true that, if the Profession were quested to give assistance in prosecuting irrereally united, they would be enabled very gular conveyancers, and they have therefore greatly to diminish the evil, by continually ex- thought it well to point out to the members erting the influence they possess, to keep up the provisions under which any such prosecuthe proper boundary between professional and tion must be conducted; and it is necessary non-professional business, and never lending for them to state, in addition, that the only such encroachments even the apparent sanction mode in which it can practically be instituted of a tacit acquiescence.
is by obtaining clear evidence of some para One kind of encroachment, which appears to ticular offence, which must be placed in the be somewhat on the increase, consists of the hands of the Solicitor to the Board of Inland attract to themselves a large proportion of the Another case of Pencroachment, being an business, usually confided to country attorneys offence, not against the law of the land, but to their town agents. This is a point which is against the well-understood etiquette of the of course entirely within the control of the Pro- Profession, was brought, some time ago, under fession, and the Committee of this Association, the attention of the Committee, in the shape of comprising, as they do, a majority of provincial an advertisement in the “Carlisle Patriot," by members, feel bound to record their conviction, a Mr. Solomon Atkinson, a Barrister of the Sothat such small saving as may be secured in ciety of Lincoln's Inn,; in which that gentlethis way to one portion of the Profession, is man commenced by inviting the Public to revery much more than counterbalanced by the sort to his chambers for advice in all cases of injury which is done to the whole body, where difficulty, and wound up by proclaiming that any encouragement is given to the encroach- he was ready to draw all kinds of conveyances ments of the unprofessional classes who hang
“at one-third the usual charge." upon its borders.
The Committee felt that this was a case that It is important, with this view, that all solici- could be best dealt with by the authorities of tors should know, that the Attorney and Solici- Lincoln's Inn, to whom accordingly they sent tor's Act only secures to the Profession the a communication on the subject; and from privilege of "suing out for another party any whom they received a reply, that the case writ or process;” and prohibits all other per- had for some time engaged the attention of the sons from “commencing, prosecuting, or de. Benchers, and would be duly considered by fending any action, or suit, or any proceedings them on the part of the Society of Lincoln's in any Court of Law or Equity,” or
Inn." acting as an attorney or solicitor."
The Committee believe that the advertiseThe Act is entirely silent upon all the vari- ment in question has disappeared, and they ous branches of professional business, except have requested their friends at Carlisle to give those enumerated above. The only other pro- them immediate notice, should it again make tection enjoyed by the Profession is that de- its appearance. rived from the stamp duty upon conveyancers'
The Committee last year presented a mes certificates. The law upon this point is found morial to the Lord Chancellor, calling his atin the 14th sect. of the 44th of Geo 3, c. 98, tention to the increasing class of irregular which enacts, “that every person who shall for, practitioners; and praying his lordship to or in expectation of, any fee, gain, or reward, give directions that no document should be directly, or indirectly, draw or prepare any received in any office under his control, except conveyance of, or deed relating to, any real or from the party concerned, or through a solicis personal estate, or any proceeding in Law or tor's office. In reply, they were favoured with
Metropolitun and Provincial Law Association-Annual Report.
143 1 an intimation that the matter should receive establishment, and the Committee, thereforest his lordship's attention ; but, up to the present have submitted to the Lord Chancellor ia sugá: time, they believe that no regulation upon the gestion that the amount of any Chancery Fee subject bas been made,
Fund stamp, upon a document which had not Legal Education. Since the issuing of last been used, should be allowed, upon the written year's report, the Committee have had the application of the solicitor, accompanied by a pleasure of receiving a communication from certificate written upon the document itself, the Wolverhampton Law Society, approving declaring that it has been spoiled or become the suggestions which had been circulated by useless, and has been paid for by, and belongs the Committee, for “improving the educa- to him. A solicitor making a fraudulent cers tional test of Attorneys and Solicitors.” This tificate would, of course, be punishable for so resolution, which was the ninth to a similar doing; but, as an additional protection to the effect received from the Provincial Law So- Fee Fund, it might be required that the docucieties, the Committee also communicated to ment should be marked as spoiled, by the the Council of the Incorporated Law Society. officer to whose department the fee belongs. They believe that the Council are still giving In reply to this communication, the Comthe subject their anxious attention, but they mittee received a letter from the Lord Chanregret they have not yet seen their way to the cellor's secretary, stating that it should be atactual adoption of some of the improvements tended to. suggested
Aggregate Meeting.- In the Circular issued Annual Certificate Duty:—When the Chan- by the Committee in November last, it was ancellor of the Exchequer last year announced nounced that an aggregate meeting of the Prohis intention of making a partial reduction at fession was intended to be held at Leeds in the once in the Annual Certificate Duty and in the month of October next, to which all the Law Stamp on Articles of Clerkship, the Commit- Societies should be invited to send delegates. tee, anxiously considered what course they The Committee have now the pleasure of anought to adopt in the interests of the Profession nouncing that they have received a letter from with regard to that proposal. They received the Secretary of the Leeds Law Society, stating communications upon the subject from a large that the Committee gladly acquiesce in the number of their correspondents, and the almost proposal, and will exert themselves to make unanimous opinion appeared to be, that the the meeting as successful as possible. Profession should in no way accept the pro- The results of the meeting which took place posal. It was not what had been asked for ; it two years ago at Derby, show that very great was not that which was considered by those good may be effected by such gatherings of the most interested in the case at all to meet the scattered members of the Profession; and the requirements of the Profession; and, while it Committee earnestly hope that upon this ocadmitted the injustice of the tax, it left that in- casion, not only every existing Law Society justice entirely unaltered in principle. The will send delegates, but that, wherever it is Committee, therefore, were prepared to renew practicable, the members of the Profession rethe agitation this year with undiminished ac- siding in a town or neighbourhood, will select tivity. When, however, the commencement of one or more of their number to attend the the present Session approached, the altered meeting as a representative of the body. The state of European politics made it clear that no constant activity of the lawyers of Leeds is an further revision of taxation was at present to ample guarantee that everything will be done be hoped for; and, therefore, after again con- there to prepare for a satisfactory meeting; and sulting the whole of their provincial members, it only remains for the general body of the Pro. they have contented themselves with presenting fession to avail themselves of those arrangea petition to the House of Commons, in which ments. Due notice will, of course, be given as they state that the Profession has not accepted, soon as further details have been determined and cannot accept, the Act of last Session as upon. any settlement of the question ; that, in the Circular No. 4.- The Committee are glad to present aspect of public affairs, they refrain find that the circular which they issued at the from urging their claims upon the attention of commencement of Michaelmas Term, giving a the House; but that they are prepared to re- general account of the changes which were new those claims as soon as the exigencies of effected in the Law during the last Session of the public service will admit of any further Parliament, was considered to be valuable by remission of taxation.
the members. Spoiled Stamps. It is a frequent subject of The Press.-All the experience of the Comcomplaint in the Profession, that a great deal mittee convinces them more and more that the of unnecessary trouble is imposed upon solici- great want of the Profession is a regular voice tors before they can obtain the allowance of in the public press of the country. By means spoiled stamps. The great increase in the of their reports and circulars, the Committee use of stamps for the payment of Court fees maintain themselves to a certain extent, in appeared to the Committee likely to give rise communication with their subscribers, but even to a considerable addition to this inconveni- these documents would very much more efence. Spoiled stamps on powers of attorney at fectually perform their functions, if they formed the Bank of England are allowed to that body only a portion of some regularly-established upon a certificate of one of the officers of the periodical; while, for the equally important Metropolitan and Provincial Liar Association - Summer Circuits of the Judges. ohject of informing the mind of the general shape until next Session; and as the costs of public of the real views and claims of the Pro- proceedings forms one of the subjects into fession, the Committee are at present with which they are to inquire, it is to be hoped out any means of action whatever. This that they will report in favour of a scale not subject has been so frequently and so much less satisfactory than that already prepared. dwelt upon by the Committee, that they are If the Committee may judge of all the labours really unable to add anything to what they of the Commissioners from that part which has have already said ; but they think it right to transpired, they certainly seem to be determined lose no opportunity of declaring their convic. to make their inquiry a thorough and complete tion that to obtain a voice in the recognised one. The Committee have received from them periodical press of the country, would be of far two papers of questions, which go through the greater importance than any other object they subjects of the jurisdiction, offices, practice, have ever had in view; and they have no hesi- and fees of the Court, including both their tation also in saying that it is an object per- amount, and the mode in which they are levied, fectly within the power of the Profession, and The Committee have returned a paper of replies which the Committee could at once ensure, if to the first series of questions, and are preparo they were furnished with sufficient funds to ing replies to the second series. enable them to make the necessary business The Committee have availed themselves of arrangements for the supply of materials. They this opportunity of restating their conviction, are also convinced that until a step of this kind that, in order to make these Courts satisfachas been taken, the work of all law societies tory, the suitors ought not to be compelled to will fail to produce its legitimate effect, in rais- entrust to salaried Officers of the Court, who ing the general character and status of the Pro- are practically irresponsible to them, the perfession in the eyes of the public. And until formance of any of those duties, such as issuing that is done, its claims to fair and liberal treat- and serving the various processes of the Court
, ment in regard to the general public on the which in the Superior Courts are performed by one hand, and the other branches of the Pro- the attorneys, who are both selected by, and refession on the other, will never receive satisfac- sponsible to the suitors. They have also tion, or even due attention.
pointed out the want in the County Courts of County Courts. It is now nearly two years some mode of obtaining judgment by default
, since Parliament resolved that the County as convenient as the Judge's order in the SuCourts should no longer be distinguished from perior Courts ; and they have also insisted on all the other civil tribunals of the kingdom by the great injustice alluded to above, of not althrowing upon the suitor who resorts to them lowing to the successful party, as the ordinary for justice, the alternative of risking his cause rule, the full costs of all the proceedings, when by dispensing with all professional assistance, taken by his professional adviser. or of paying for it himself. Last year the Committee repeated that the scale had been
[To be continued.] long settled by the County Court Judges, and laid before the Lord Chancellor, by whom it SUMMER CIRCUITS OF THE JUDGES. had been, according to the provisions of the Act, referred to the Common Law Judges. Before them, apparently, it still remains, and, (Lord Campbell, C. J., will remain in Town.) for some unexplained reason, the suitors have not yet been allowed to derive any benefit from
Jervis, L. C. J., and Cresswell, J. the Act which was passed in 1852, to remedy an acknowledged and crying evil.
Thursday, July 13, Aylesbury. In the meantime, however, on the 20th of
Saturday, July 15, Bedford. August last year a new commission was ap
Tuesday, July 18, Huntingdon. pointed to inquire into the state of the County
Thursday, July 20, Cambridge. Courts, the course of practice, the amount and
Monday, July 24, Norwich and City. nature of the fees levied, the costs of proceed
Friday, July 28, Ipswich. ings, whether any and what alteration and amendments can be made in the Courts for the better administration of justice, and whether Pollock, L. C. B., and Erle, J. any and what business can be usefully and
Wednesday, July 12, Hertford. properly transferred to them in addition to that which they now perform. The Commissioners
Monday, July 17, Chelmsford. are Sir John Romilly, M. R., Mr. Justice Erle,
Monday, July 24, Maidstone. Mr. Justice Crompton, Mr. Fitzroy, M. P.,
Monday, July 31, Lewes.
Thursday, Aug. 3, Guildford.
Parke, B., and Maule, J. missioners four are to be a quorum, and they Tuesday, July 11, Oakham. are to report within a year of their appointment. Wednesday, July 12, Northampton & Town. We presume, therefore, that the result of their Monday, July 17, Leicester and Borough. labours is not likely to assume a legislative Wednesday, July 19, Nottingham and Town.