The Legal Observer, AND SOLICITORS' JOURNAL. SATURDAY, JULY 1, 1854. INNS OF COURT AND CHANCERY present state of their respective Inns. INQUIRY. We may also anticipate that the like inquiry will be made of the larger Inns. THE important Commission issued by According to the terms of the Commisher Majesty for inquiring into the arrange- sion, the object is to secure a sound educaments in the Inns of Court and Inns of tion to the students of the law, and the Chancery, for promoting the study of the Inns of Chancery will not fail to point out Law and Jurisprudence, and securing a that their members are for the most part sound education to the students" was noti- Attorneys and Solicitors of the Superior fied in the Gazette of the 5th May. The Courts, and,-whatever amendments or imCommissioners are Vice-Chancellor Sir Wm.provements are proposed to be effected in Page Wood, Mr. Justice Coleridge, the regard to students for the Bar,—to urge that Right Hon. Mr. Napier, the Attorney-due provision should be made for the stuGeneral, the Solicitor-General, Sir T. Ers-dents of the other branch of the Profession: kine Perry, Mr. Lefevre, Mr. Keating, Now, it is important to observe, that Q. C., Mr. Greenwood, Mr. James Stewart, long before the recent "revival of learning" and Mr. Germain Lavie. (so to speak) in the Inns of Court, -before It appears that the Commissioners lost they appointed a Council of Education and no time in writing to the five Inns of Chan-instituted Lectures and Examinations,-the cery, requesting their assistance in the in-attorneys and solicitors, many of them bequiry by communicating a statement of the longing to the Inns of Chancery, founded existing arrangements for promoting the an institution in the centre of the five Inns study of the Law, so far as the several Inns of Chancery, namely, between Bernard's of Chancery had made or concurred in any Inn, Staple Inn, and Clifford's Inn on the such arrangements. Connected with this branch of their inquiry, the Commissioners particularly requested information as to the Lectures or Examinations provided in those Inns, the existence or non-existence of a Library, and the regulations in respect of admission to such Lectures or Library. east of Chancery Lane, and New Inn and Clement's Inn on the west of that locality. There, nearly 100,0007. has been laid out on land, buildings, books, &c.; and there for upwards of 20 years Lectures have been delivered and Examinations taken place. In fact, more than half of the 10,000 attorneys and solicitors now practising in England and Wales, have been examined at the Hall in Chancery Lane. It is probably well known to all our readers that there are no Lectures, nor Examinations, nor Libraries in any of the Inns of Chancery, and we presume that It cannot, therefore, be said, that arthough the Commissioners were also fully rangements for the study of the law and aware of the fact, they required an official securing a sound education have been negstatement of it from the heads of those lected in the second branch of the Profesancient houses. No doubt, the proper an- sion. It may be admitted, that the large swers have been returned, and we under- expenditure which has taken place, came stand that the Commissioners have recently not from the coffers of the Inns of Chanrequested the attendance of some of the cery; but from the pockets of the indiPrincipals to give explanations on the vidual members of those societies and their VOL. XLVIII. No. 1,373. K 154 Inns of Court and Chancery Inquiry.—Divorce and Matrimonial Causes' Bill. brethren. It is manifest, however, that a large and substantial house has just been more extensive Library, more efficient erected, comprising many sets of chambers. courses of Lectures, and a better Examina- So in Clement's Inn there are several new tion, have been secured by those united buildings, and extensive repairs have been exertions in the Incorporated Law Society effected in others. In both the latter Inns, than could have been effected in the sepa-new gateways and carriage-ways have been rate Halls of the Inns of Chancery. constructed, and various other alterations In considering this subject, it should be made. In Clifford's Inn, a few years ago, borne in mind that formerly the attorneys one of the largest houses was rebuilt, and and solicitors were required to belong either it is probable that further, buildings or to an Inn of Court or an Inn of Chancery, costly repairs will soon be required. but that for many years past they have been We are not aware, therefore, that any excluded from the larger Inns. It is there- expectation can be entertained of the grant fore highly to their credit that by their per- of any surplus funds from the Inns of sonal exertions, and out of their own funds, Chancery for the purpose of legal Eduthey have formed an association for the cation; but if there were any, we can better acquisition of legal knowledge and readily conjecture a legitimate mode of apthe general improvement of their Profes- plying such surplus, by increasing the num ber of Lectures at the Incorporated Law sion. 4) DIVORCE AND MATRIMONIAL THIS Bill proposes to enact as follows : The members of the Inns of Chancery, Society, or otherwise contributing to the practical and judicious men as they are, improvement of the Profession. At all will have regard to the general welfare of events, we feel assured, that due attention their body, and will not only protect the will be paid to the claims of the attorneys interests of their respective Societies, but and solicitors. make inquiry into the three quasi defunct Societies,-Furnival's Inn, Thavies' Inn, and Lyon's Inn. If we are not misinformed, the ground-rent of Furnival's Inn, amounting to several hundreds a year, is received by Lincoln's Inn,-no doubt in sacred trust to be applied for the behoof of her Majesty by order in Council, not sooner that section of the legal community to which the old Inn belonged. Moreover, we have heard that whilst the immediate ground-rent-say 500l. a year-is thus received, the builder's lease will expire in less than 40 years, and the whole improved rent will then devolve on Lincoln's Inn upon trusts, which will of course be duly inquired into. Of Thavies Inn and Lyon's Inn we have not at present received any similar information; but we take it for granted that the Commissioners, whose powers are equally extensive over both classes of Inns, will call the proper parties before them and ascertain the authority on which leases have been granted, the duration of the term, and such other particulars as they may be warranted in requiring. 1 Taking a walk round these "old Hostels," we observe that several of them are still in a dilapidated state and require extensive repairs or rebuilding. Many parts of them have indeed of late years been rebuilt, and many alterations and improvements effected. Thus in Staple Inn several thousand pounds must have been laid out on the handsome edifice occupied by the Taxing Masters of the Court of Chancery. In New Inn a than Jan. 1, 1855, all jurisdiction now vested in any Ecclesiastical Court in respect of divorces a mensa et thoro, suits of nullity of marof conjugal rights, and all jurisdiction in matriage, of jactitation of marriage, for restitution ters matrimonial, shall cease; (s. 1). After such day the Court of Chancery shall have power to determine matters matrimonial, and to make decrees of nullity of marriage, of divorce a mensa et thoro, for alimony, and for restitution of conjugal rights; but no suit shall be entertained for jactitation of marriage; (s. 2). In suits for obtaining such decrees, the Court of Chancery shall proceed on principles and rules, as nearly as may be, conformable to those on which the Ecclesiastical Courts have acted; (8.93). 66 » Maga Proceedings under this Act may be instituted either by bill or claim, in the same manner as other proceedings in the Court of Chancery, subject to any orders; provided that, with of marriage or of divorce à mensa et thoro, the every bill or claim seeking a decree of nullity plaintiff shall file an affidavit, stating his or her belief as to the truth of the facts alleged, and denying collusion with the defendant; (s. 4). Decrees and orders to be made by the Court of Chancery shall be enforced in the same manner as other orders and decrees of the Court; (85). 15 Wherever before such day any decree or order of any Ecclesiastical Court shall have Divorce and Matrimonial Causes' Bill 155 been made in any cause or matter matrimonial, or bigamy, or of an unnatural crime, or an atthe same may be enforced by the Court of Chancery in the same way as if originally made by the said Court of Chancery; (s. 6). All suits in matters matrimonial pending in any Ecclesiastical Court shall be transferred to the Court of Chancery, subject to such orders as the Lord Chancellor shall make in that behalf; (s. 7). Y Upon any bill or claim filed by a wife, alleging that she has been deserted by her husband, the Court of Chancery, on being satisfied of the truth of such allegation, and that such desertion has continued without reasonable excuse for three years or upwards, may, if it shall see fit, make an order for payment to her of alimony in the same way as on a decree for a divorce a mensa et thoro, and such order shall remain in force until the Court shall make order to the contrary; (s. 8), and it may direct the same to be paid either to the wife or to any trustee on her behalf to be approved by the Court, and may impose terms as to the giving indemnity to the husband, and any other terms or restrictions which may seem expedient; (s. 9). In any suit for obtaining a divorce a mensá et thoro or of nullity of marriage, or for payment of alimony by reason of desertion, the Court of Chancery may, before final decree, make interim orders, and provision in the final decree with respect to the custody, maintenance, and education of the children; (s. 10). Any person conceiving himself to be aggrieved by any decree or order of the Court of Chancery, shall have the same right of rehearing and appeal as against any other decree or order; (s. 11). The Lord Chancellor, the Lord Chief Justice of the Queen's Bench, the Master of the Rolls, and such three other persons, one of whom shall be a Judge of the Superior Courts of Common Law, as her Majesty may appoint by letters patent under the Great Seal, or any three or more of them, of whom the Lord Chancellor and the Lord Chief Justice of the Queen's Bench, for one of the said Judges, shall always be two, shall constitute a Court, to be called The Court of Divorce," which shall be a Court of Record, and hold its sittings as it shall find expedient; (a. 12). The Court to have a seal; (s. 13). The registrars and other officers of the Court of Chancery shall attend the sittings and assist in the proceedings as the Lord Chancellor shall direct; (s. 14)00' gift tax mbante The said Court of Divorce shall have power to make rules and orders, and regulate the fees payable, which shall be carried to the credit of the Suitors' Fee Fund of the Court of Chancery, and be collected by stamps, according to the 15 & 16 Vict. c. 87; (s. 15). I' tempt to commit the same; and every such petition shall state the facts on which the claim is founded: Provided that no person shall, for the purpose of such petition, be deemed guilty of bigamy or of an unnatural crime, or an attempt to commit the same, unless he shall have been convicted thereof in due course of law; (s. 16). The party prosecuting such petition shall file an affidavit stating that the allegations are true to the best of the deponent's belief, and that there is no collusion or connivance between the deponent and the other party to the marriage sought to be dissolved; (s. 17). Every such petition shall be served on the party to be affected thereby, either within or without her Majesty's dominions, in such manner as the Court shall direct; provided, that the Court may dispense with such service in case it shall seem expedient so to do; (s. 18). The Court may issue writs of subpoena, or subpoena duces tecum, under the seal of the Court, commanding the attendance of witnesses; and such writs may be served in any part of Great Britain or Ireland; and every person served therewith shall be bound to attend and give evidence, in the same manner as if issued from a Superior Court of Common Law; (3. 19). The evidence shall be given vivá voce, unless the Court shall think it expedient to permit the same to be taken by Commission; and in such cases the Court may issue a commission for the purpose (s. 20), under the seal of the said Court, and the proceedings shall be conducted in the same way as proceedings in the Superior Courts of Common Law under the 1 Wm. 4, c. 22, except as may be otherwise directed by the said Court; (s. 21). The Court may order the attendance of the petitioner, and examine him or her, or permit him or her to be examined or cross-examined, on the hearing; but no such petitioner shall be bound to answer any question tending to show that he or she has been guilty of adultery; (s. 22). The Court may allow any of the matters stated in the said petition to be verified by affidavit or declaration; (s. 23). The Court, before proceeding to hear the evidence, shall appoint shorthand writer to take down the same, and one or more extended copy or copies thereof shall be filed for the use of the Court; and such shorthand writer shall, before he acts, be sworn faithfully to take down and extend the evidence, and shall be paid, out of the Suitors' Fee Fund, such remuneration as the Court may direct; (ss. 24, 25). All witnesses examined shall, before giving their evidence, be sworn, except in the case of persons exempted upon trials at Nisi Prius, all Any husband may present a petition to the which persons may give their evidence upon Court of Divorce, praying that his marriage affirmation, as on such trials (s. 26); and all may be dissolved, on the ground that his wife persons wilfully deposing or affirming falsely, has been guilty of adultery; and any wife may shall be deemed guilty of perjury, and liable to present a like petition, on the ground that her all the pains and penalties attached thereto; busband has been guilty of incestuous adultery | (s. 27). 156 Divorce and Matrimonial Causes' Bill. The Court may adjourn the hearing of any such petition, and require further evidence thereon, if it shall see fit; (s. 27). had been made (s. 36); and the said House may, on the hearing of any appeal against any order dismissing such petition, declare that the same ought not to have been dismissed, but that the marriage ought to have been dissolv Upon the hearing of any such petition, the Court shall be satisfied as to the fact of the adultery, bigamy, unnatural crime, or attempted, and may declare the same accordingly to be therein alleged, and that the petitioner has not been conniving at or condoned the same, and has not during the marriage committed adultery; (s. 29). In case the Court shall be satisfied on the evidence that the alleged adultery, &c., has been committed, and that the complaining party has not committed adultery during the marriage, or was not conniving at the adultery, &c., and that such adultery, &c., has not been pardoned by the petitioner, then the Court shall pronounce a decree declaring such marriage to be dissolved: Provided that the Court shall not be bound to pronounce such decree if the petitioner shall, in the opinion of the Court, have been guilty of unreasonable delay in presenting or prosecuting such petition; s. 30). The Court may, if it think fit, in any decree on the petition of a husband, make it a condition that the petitioner shall, to the satisfaction of the Court secure to the wife such gross or annual sum of money for a term not exceeding her life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it shall deem reasonable, and may refer it to one of the conveyancing counsel, to settle and approve of a deed to be executed by the petitioner and other parties; and the Court may in such case, if it shall see fit, suspend the pronouncing of its decree until such deed shall have been duly executed; (s. 31). Upon a decree dissolving marriage, the Court of Chancery may, upon summary application by petition, make such orders as to the custody, maintenance, and education of infant children, as if such children were wards of Court; (s. 32). In case the Court of Divorce shall not be satisfied that the alleged adultery, &c., has been committed, or shall be satisfied that the petitioner has during the marriage been guilty of adultery, or was conniving at the adultery, &c., or has pardoned the party guilty thereof, then the said Court shall dismiss the said petition; (s. 33). Either party dissatisfied with the decision of the Court may, within three calendar months, appeal to the House of Lords, or if Parliament is not sitting at the end of such three months, then within 14 days next after its meeting; (s. 34). The evidence on which the said Court has proceeded shall be used on the hearing of such appeal, and the decision of the said Court may thereupon be confirmed or reversed or varied, as to the said House may seem just (s. 35); or the said House may remit the case to the Court of Divorce to obtain further evidence on the matters in dispute, and the said Court shall thereupon deal with the case as if no decree dissolved, on such terms in all respects as the said Court might have done; (s. 37). When the time limited for appealing against any decree dissolving a marriage shall have expired, and no appeal shall have been presented, or if in the result of any appeal such marriage shall be declared to be dissolved, it shall be lawful for the parties thereto to marry again; (s. 38). The said Court on the hearing of any pe tition, and the House of Lords on the hearing of any appeal, may make such order as to costs as may seem just; provided that there shall be no appeal on the subject of costs only; (s. 39). If any copy of, or extract from, any charter, deed, decree, report, record, licence, or other document deposited in any of the offices under the control of any Court of Law or Equity, or Ecclesiastical Court, or preserved in any public registry, shall be required for the purposes of this Act, the officer having the custody of such charter, &c., shall, upon an order signed by the Lord Chancellor, furnish such copy or extract, and which shall not be liable to stamp duty; (s. 40). "All persons who have been admitted to practise as advocates or proctors respectively in any Ecclesiastical Court in England or Wales, as well as all barristers, attorneys, and solicitors now entitled to practise in the Su perior Courts at Westminster, shall be entitled to practise as counsel, solicitors, or attorneys respectively in the said Court of Divorce, and also in all matters matrimonial in the said Court of Chancery, subject to such regulations as may be made by the said. Courts respectively;" (s. 41). Every Judge or officer who shall be deprived of any of the emoluments of such office, shall be entitled to have an adequate compensation, to be assessed by the Lords Commissioners of her Majesty's Treasury, and paid out of the Suitors' Fee Fund of the Court of Chancery, regard being had to the manner of his appointment, and to his term or interest therein, and all other circumstances of the case; and every person entitled to such compensation shall deliver to the Commissioners a statement in writing, setting forth the amount received by him or his predecessors in every year for five years, on account of the emoluments in respect whereof he shall claim such compensation, distinguishing the office. in respect whereof the same shall have been received, and containing a declaration that the same is a true statement according to the best of his knowledge, information, and belief, and also setting forth the sum claimed by him as such compensation; and the Commissioners shall take the same into consideration, and determine thereon, and make such order as to them shall seem just and such order, signed by the Commissioners Mercantile Law-First Report of the Commissioners. 157 shall be binding on all parties; provided that nevertheless well be, that the circumstances, such person shall attend at any meeting of the of the trading interests in the United Kingdom Commissioners for the investigation of such may give it a very different operation here. claim, and upon his oath answer all such ques- Your Majesty's Commissioners have carefully tions as shall be asked by them touching the perused and considered these various opinions; matters set forth in such statement, and pro- two of their body, Lord Curriehill and Mr. duce all books, papers, and writings in his Slater, have put into writing their thoughts on possession, custody, or power, relating thereto; the subject, for the assistance of their fellow provided that if any person holding any office Commissioners who have thought it right to shall be appointed after the passing of this Act make these communications public by printing to any public office under this Act, or under them in the Appendix. the Crown, or under the Court of Chancery, the payment of the compensation, so long as he shall continue to receive the salary of such office, shail be suspended, if the amount of such salary be greater than the amount of such compensation, or, if not, it shall be diminished by the amount of such salary; (s. 42). MERCANTILE LAW. FIRST REPORT OF THE COMMISSIONERS. In considering this subject, the question. which appeared to your Majesty's Commissioners of paramount importance was, whether the proposed alteration of the law would operate beneficially on the general trading interests of the country? and they have arrived at the conclusion that it would not. They have not been able to discover any evidence of the want of a sufficient amount of capital for the requirements of trade; and the annually increasing wealth of the country, and the difficulty of finding profitable investments for it, seem to To the Queen's most excellent Majesty. them sufficient guarantees that an adequate amount will always be devoted to any mercanYOUR Majesty having been pleased to issue tile enterprise that holds out a reasonable prosa Commission directing your Majesty's Com-pect of gain, without any forced action upon missioners to inquire and ascertain how far the capital to determine it in that direction;-while. Mercantile Laws in the different parts of the any such forced action would have a great United Kingdom of Great Britain and Ireland tendency to induce men to embark in specu may be advantageously assimilated, and also lative adventures to an extent that would be whether any and what alterations and amend- dangerous to the interests of the general comments should be made in the Law of Partner-merce of the country. Moreover, your Maships, as regards the question of the limited or unlimited responsibility of partners, your Majesty's Commissioners have proceeded to consider the matters so confided to them; and having completed their inquiries and deliberations as to the expediency of making alterations in the Law of Partnership, so far as relates to the limited or unlimited liability of partners, deem it right at once to lay before your Majesty the conclusion at which they have arrived. With a view to obtaining well-considered opinions on the subject, your Majesty's Commissioners framed a series of questions which they thought calculated to elicit information, and caused them to be widely circulated both at home and abroad; and those questions and the answers received are printed in an Appendix to this Report. jesty's Commissioners find no reason to suppose that the reputation of British merchants, either at home or abroad, would be raised by the establishment of firms trading with limited s liability, but the contrary; for many of the opinions in favour of such a system are coupled with a recommendation of more stringent regulations than those now existing for the prevention of fraud. But if such partnerships would increase the danger of fraud, they can hardly be otherwise than prejudicial to our mercantile reputation. Your Majesty's Commissioners have also considered the subject with regard to the benefit which it may be calculated to confer on individuals, by enabling them to obtain capital and establish themselves in business by the aid of partners incurring a limited liability. only. It cannot be doubted that instances. occur where men of probity and talent would derive benefit from such a system, but your Majesty's Commissioners are of opinion that such benefit has been greatly overrated. Your Majesty's Commissioners have been much embarrassed by the great contrariety of opinion entertained by those who have favoured them with answers to their questions. Gentlemen of great experience and talent have ar.. Further, it appears to your Majesty's Comrived at conclusions diametrically opposite; missioners that the benefit to be acquired by and in supporting those conclusions have dis- the managing or limited partners will be at the played reasoning power of the highest order. expense of a more than countervailing amount It is difficult to say on which side the weight of injury to traders, bearing the burden of unof authority in this country preponderates. The limited liability, who will have to enter into opinions received from foreign countries pre- competition with those who enjoy the protec- ponderates in favour of limited liability; but tion to be given by the proposed Law.. many of the, foreign correspondents, while But while your Majesty's Commissioners are. bearing testimony, to the beneficial operation of opinion that it is not expedient to alter, the of the law as to partnerships with limited lia-law and allow all persons at their own election bility in their countries, suggest that it may to trade with limited liability, they are aware. |