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183

PLICATION TOO LATE.

160 BULTS OF Eirchange Bill. -- Tuxation of Costs: - Points in Common Law Practice. superseile the existing right of action in any | Naster to whom the cause or matter stands reof the Courts. Neither in towns where ferred," they will in future make the reference there are notaries, nor where there are none, "? the proper Turing Master," thus leaving will the holder of a diskonmired bill be com- it to the solicitor to carry his order into the pelled to resort to a notary. Any one may office of the Master to whorn' it has been atready present it, and if it be not paid, the parties referred, or to get it referred to the Master in may be sued without regard to the proposed Act. The holder may arail himself of its rotation, as the case may be on!!! provisioris if he should think them bene- In consequence of this arrangement it will ficial ; but, if not, his present remedy will be necessary for the' solicitor when he brings remain unaltered. If there be no defence an order to the sitting Master for'a référence to to the action, he can obtain judgment in certify, in the form undermentioned, that the eight days and execution in 16, and at no cause or matter has not been already referred. more expense than under the new summary

A. B. v. C. D. provisions. We repeat, that the costs of noting, protesting, registering, obtaining a

In the matter of

pad Judge's order, serving the order, with the fees paid and the professional charges has not been referred to any Taxing Master."

I hereby certify that this cause (or matter] thereon, cannot be less than on a writ of summons.

Dated Then, instead of the whole business being brought to London, and the County Courts

Plaintiff's solicitor. excluded, it is clear that, on bills and notes not exceeding 201., the holder may issue POINTS IN COMMON LAW his plaint and obtain his judgment in the

PRACTICE. County Court, just as he does at present.

If this measure had been proposed before REFERENCE BACK OF AWARD.—whes APthe extensive improvements effected under the Common Law Procedure Act, the suitors An action was referred by Judge's order on might have been materially benefited; but July 17, 1847, with power of reference back to now we should not be surprised if, in the the arbitrator, and the award was made in July, majority of bill transactions, the Act were 1848, and the order of reference made a rule of to remain a dead letter, because the exist- Court in February, 1849. A rule was obtained ing remedy is equally efficacious, speedy, in Michaelmas Term, 1849, on the defendant and cheap.

We have not heard that the London at- to pay the costs which had been taxed, but in torneys are desirous of becoming notaries, January, 1850, the rule was discharged on the and they are of course aware, that in order ground that the award was bad. to take that office the statutes relating to A motion, made on April 22, 1953, to remit the London notaries must be repealed and to the arbitrator the matters referred, was held compensation granted.

too late--the affidavits giving no explanation

of the cause of the delay. Doe dem, Mayo TAXATION OF COSTS.

v. Cannell, i Lowndes & M. 161. SOLICITOR'S CERTIFICATE MASTER.

DIRECTION IN AWARD AS TO PAYMENT OF By the loth Order of 25th October, 1842,

COSTS OF REFERENCE AND 'AWARD. it was directed “That all references for the By an agreement between Mary Young, taxation of costs shall be made to the Taxing James Bulman, and John Dennison, they "Master in rotation, or if there has been any for- agreed to refer certain matters in dispute to mer taxation of costs in the same cause or arbitration, and that “the costs of the said matter, then to the Caxing Master before whom reference, and of the award to be made in pürsuch former taxation has 7 taken place, either suance thereof, including a reasonable comon a reference from the Court or upon the re- pensation to the said arbitrators for their quest of a Master in Ordinary."

trouble, shall be in the discretion of the said By a recent arrangement, the registrars have arbitrators or any two of adopted an amended forin of order, whereby, 'their award order and direct by whom, and to instead of directing the reference to the whom, and in what proportions and manner Táxing Master iri rotation," or "to the Taxing the same shall be paid." The award disposed

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OF

PROPER

them, who shall by

Points in Equity Practice.-- Annual Meeting of the Incorporated Law Society. 161 of the several matters in difference, and then ANNUAL MEETING OF THE INCORdirected that “the said Mary Young, James PORATED LAW SOCIETY. Bulman, and John Dennison, respectively pay for the attendance of his and her own wit

The Annual General Meeting of the memnesses, and that the other costs of the said Chancery Lane, on Tuesday last, the 27th-ip

bers was held in the Hall of the Society in reference and of this, our award, and also the stant. Mr. Kinderley, President, in the Chair. compensation of the arbitrators, be paid by the The following gentlemen were re-elected as said Mary, Young, James Bulman, and John members of the Council : Dennisop, in equal proportions." On a rule

Benjamin Austen, E. Rowland Pickering,

Keith Barnes, John Jas. Jos. Sudlow, to set aside the award on the ground that there

John Coverdale, William Williams, was no direction as to the time, place, manner, James Leman,

John Young of person to whom the costs were to be paid, Wm. Henry Palmer, Jervis, C. J., said, “The arbitrators have suf- Mr. William Stephens of Bedford Row, was ficiently explained that the costs are to be paid elected a member of the Council in lieu of Mr. by the three parties in equal proportions, Augustus Warren, deceased ; Mr. Bartle J. L.

Frere, in lieu of Mr. Rd. Harrison; and Mr. which means that each shall pay one-third to Alfred Bell, in lieu of Mr. Samuel Amory, rethem the arbitrators, or either of them;" and signed. the rule was refused. In re Young & Bulman, Mr. John James Joseph Sudlow was elected 13 Com. B. 623.

President, and Mr. Keith Barnes, Vice-President of the Society for the ensuing year,

Mr. Edwin Ward Scadding, Mr. John MarPOINTS IN EQUITY PRACTICE.

maduke Teesdale, and Mr. Richard Minshull Jones, were elected auditors of the accounts of

the Society. COVENANT FOR PRODUCTION OF DEEDS BY The annual report of the Council was then

MORTGAGEES ON DECREE FOR RECON- read, and ordered to be printed. We shall VEYANCE.

take an early opportunity of submitting it in

extenso to our readers. MORTGAGEES in possession of an estate

The report of the auditors was also read and were ordered (upon part of the debt being approved. satisfied) to re-convey to the plaintiffs one un- The following motion for altering the 65th divided moiety of the property, which formed bye-law, was carried :part of a larger estate held under the same clusion of members for misconduct be repealed,

That the 65th bye-law relating to the extitle-deeds, to which such mortgageeś were and that the following bye-law be substituted entitled in fee. The Vice-Chancellor Stuart in lieu thereof:(after a reference to the conveyancing counsel)

** If any member shall, in the opinion of the held that the plaintiffs were entitled to a cove- him unfit to remain a member of the Society;

Council, be guilty of any act which renders nant from the defendants for the production

or if a requisition in writing, signed by three or of the deeds which they retained as owners in more members of the Society, not being memfee of the other lands. Yates v. Plumbe, 2 bers of the Council, shall be presented to the Smale & G. 174.

Council, stating ground of complaint against a member of the Society, a copy of the resolution of the Council on the subject or a copy of the

requisition, as the case may be, shall be sent EVIDENCE.-ONUS OF PROVING CONSIDERA- to such member; and at least 10 days' notice

TION OF POST-NUPTIAL SETTLEMENT AS shall at the same time be given to him of a AGAINST PURCHASER.

meeting of the Council fixed for the considerja Held, that the statement in a post-nuptial ation of the subject, at which meeting such settlement, that it had been made “in consi- member shall be heard, if he think proper,

thereon. And, in case the Council shall therederation of 58. and divers other good and va

upon be of opinion that such member ought to luable considerations, without naming them be excluded from the Society, they shall report did not of itself amount to evidence that the their opinion thereon to a general or special settlement not voluntary so as to throw on general meeting of the Society; and they shall the defende POS

in the notice convening such meeting state the claimed against it as a pur- fact of a resolution of the Council having been chaser for valuable consideration, the onus of come to on the subject, or a requisition preavoiding the deed. The case of Gully v. Bishop sented, as the case may be ; and such member of Exeter, 2 Moo. & P. 266, was cited in the shall be liable by the order and resolution of judgment. Kelson v. Kelson, 10 Hare, 385.

such meeting of the Society, to be excluded from the Society, and immediately thereupon he shall cease to be a member thereof. But no

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ANNUAL REPORT OF THE COMMITTEE OF

three years.

169

Metropolitan and Provincial Law Associations Annual Report. order shall be made at any such meeting of the it has been a very great convenience both to Society for the exclusion of any member of the the public and to the Profession. The ChanSociety unless 50 members at least shall be cellor has freely appointed as Commissioners present at the time appointed for the chair to those who have complied with the regulations, be taken at such meeting, or within half an which are as follows!.. bour afterwards.'»

“Any solicitor desiring to be appointed a The thanks of the meeting were voted to the London Commissioner to administer Oaths President in particular, and the Council in in Chancery is required to lodge' with the general, for their continued attention to the Lord Chancellor's Secretary a petition fairly interests of the Profession and the affairs of the written on foolscap paper, praying to be so Society.

appointed.

Every such petition 'must state the follow

ing particulars ; i.e.- f 1. 17:13 971 METROPOLITAN AND PROVINCIAL LAW ASSOCIATION.

"1. That the applicant has practised as a

solicitor for ten years, and that his place
of business is within ten miles of Lincoln's

Inn Hall.
MANAGEMENT.

“2. The parish and (where practicable) the April 29th, 1854.

street and number of the house in which [Continued from page 144, ante.]

he has carried on his business for the last Removals of the Courts from Westminster.- “3. The names of his partners (if any), The advantages that would accrue from a re- or (if such be the case) that he has no moval of all the Courts from Westminster and partner. Guildhall to the immediate vicinity of the Inns of Court, is one of those subjects which has “Every such petition must be accompanied long been agreed upon by all parties; the only by a certificate signed by two solicitors (whose question being, how and when the alteration names, additions, and addresses must be should take place. The subject has recently given), who shall state that they are them. been upon more than one occasion publicly selves solicitors of ten years practice, and that noticed, and the Committee, having reason to the applicant is known to them, and is a solibelieve that there was some chance of expedit- citor of respectability. ing the movement, have presented a petition “The accustomed certificate signed by two upon the subject to both Houses of Parliament. barristers will, in addition, be required. At the request of a large number of the Pro.

“Twenty-one days' notice of every such apfession, the Lord Chancellor has already di- plication shall be given to the Registrar of Sorected that the sittings of the Equity Courts licitors, to be submitted to the Council of the shall continue during the next two Terms to be Incorporated Law Society of the United Kingheld at Lincoln's Inn, notwithstanding the sit- dom.” ting of Parliament, which has hitherto been

It appears, also, that the liberal interpretaalways considered a sufficient reason for hold- tion of the Act, not confining the power to ing them at Westminster. An objection to the administer the oath to the place of business of movement has been raised on the ground that the Commissioner, has been finally adopted. it is an advantage to both branches of our jurisprudence, that the Equity and Common Law Equity.- Previous to the end of last Session Courts should be held in the same locality, so the Committee presented a petition praying for as to give an opportunity to the respective the adoption of a further measure of Equity practitioners to communicate with each other. Reform, in the total abolition of the office of Certainly, so far as attorneys and solicitors are the Accountant-General, the whole of whose concerned, the more closely all the Courts are business could be transferred to the Bank of brought together, the more convenient it will England, where it would be transacted with be for the transaction of business. And in this greater convenience to the suitors, and very way, not only is the business actually transacted much more economically. The whole of this in Court facilitated, but also that much larger subject, the Committee were informel, was portion which is disposed of by solicitors in under the consideration of her Majesty's Gotheir own offices. The Committee, therefore, vernment, who, however, it appears did not trust that this argument will be allowed its due think it right to take any active steps upon it, weight, not for the purpose of restoring the in consequence of Lord St. Leonards having Equity Courts to Westininster Hall

, but for himself brought in the Chancery Suitors that of bringing the Common Law Courts also Purther Relief Bill. This Bill, which afterto some common centre in the neighbourhood wards became the Act 16 & 17 Vict. c. 98, of Lincoln's Inn. Vars, i 19.01. made one or two decided, though small

, ubide biber Juler online,bili

improvements, but' centirely failed to adopt Chancery affidavite - In the last circular the Committed explained the nature of the Oaths opinion is the only sound one of doing

to the principle, which your Committee are of in Chancery. Acts of last Session. The Act away with the Office of the Accountanthas now been brought into full operation, and General altogether.

Metropolitur and Provincial Law Association.-Annual Report.

163 Trust Societies. It will probably be recol- In accordance with the suggestion of the lected that the South Sea Company endea- Select Committee of the House of Commons, roured last Session to get an Aet passed to a Royal Commission has been appointed, to enable them to wind up their old affairs, and consider and report upon the subject of the then to turn the company into a new society registration of title, with reference to the sale for executing private irusts. The Bill at that and transfer of land. time failed, but it has been again introduced The Commissioners are Mr. H. S. Walpole, into the House this Session, and an application M.P., Q.C., Mr. J. Napier, M.P,, Q.C., Sir A. has also been made for an Act by an entirely J. Cockburn, M.P., A.G., R. Bethell, M.P., separate joint-stock company, to be called the S.G., T. E. Headlam, Esq., M.P., Q.C., V. Executor and Trustee Society.

Scully, Esq., M.P., Q.C., R. Lowe, Esq., • The object of these Bills is substantially the M.P., W. D. Lewis, Esq., H. Drummond, same, so far as it affects the Profession. It is Esq., M.P., J. E. Denison, Esq., M.P., R. to enable joint-stock companies to trade in Wilson, Esq., and W. S. Cookson, Esq. trusts, and thus, for the benefit of the share- The Committee consider the appointment of holders, to abrogate the rule of Equity which this Commission a subject of congratulation prevents trustees from receiving remuneration upon several accounts. In the first place, they for the performance of their duties. Your feel sure that the subject will now for the first Committee are of opinion that if such a change time be considered in connexion with all those in the Law is desirable, it ought not to be in- points of practical detail which are only to be troduced thus indirectly for the benefit of a met with in the daily routine of a solicitor's joint-stock company, but should be brought office, and which cannot have their full effect, forward by Government as a public measure if the Commissioners are only acquainted with of Law Reform.

them as mixed up in the voluminous evidence Your Committee are also of opinion that which is brought before them in the course of these Bills are open to other and very serious their inquiries. In the next place, the appointobjections, especially inasmuch as the directors ment of Mr. Wilson and Mr. Cookson as Comwill have to manage the affairs of the body of missioners is not only a well-merited honour to cestui que trusts for the benefit of a distinct those gentlemen, but one, also, to the whole body-namely, the shareholders ; and as the Profession. The constitution of the Commismore successful they are in the management of sion proceeds upon a precedent which has of the trusts, the less they will have to do; late been too much disregarded, and will en. and as the less they have to do the smaller sure that, to whatever extent the interests of will be their dividend, it is clear that their the Legal Profession come legitimately beduties to these two bodies must necessarily fore the Commission, they will be consi. clash. It is also worthy of remark, that dered with a due regard to each branch these companies must have an unlimited of the Profession. power of holding land, which has hitherto been always withheld from companies, and Stamps on leases.-Soon after the passing which, if they were to obtain any very great of the last Stamp Act, a question arose as to amount of success, might lead to very in what was the proper stamp for a lease reserving convenient consequences.

a peppercorn rent. It is clear that the spirit,

and, as your Committee believe, also the words Registration of Titles. Another attempt of the Act, would justify only the sixpenny was made last year to pass an Act for the stamp, treating the peppercorn as a rent less Registration of Title Deeds, and a Bill almost than 56. The Commissioners, however, have identical with Lord Campbell's Bill of 1851 decided that such leases are subject to the comwas introduced by the present Lord Chancel. mon deed-stamp of 35s. Your Committee en-, lor. It was referred to a Select Committee in deavoured to procure the insertion of a clause the Lords, and without any very material al remedying this anomaly in the short Stamp terations, passed by them and sent to the Act which was passed last year. They were Commons. In the Commons it was also re- not, however, successful in the attempt, which ferred to a Select Committee, before whom they will therefore renew as soon as any Bill ja two members of your Committee were exa. before the House wbich will give them the opmined at great length, and your Committee portunity of raising the question. believe they are justified in saying, that it was, in a great measure, in consequence of the evi- Bankruptcy.---The Bankruptcy Bill, which dence so given, that the Select Committee re was last year brought into the House of Lords ported against the Bulli and recommended that by Lord St. Leonards, and against several the whole subject should be further investit clauses of which your Committee i petitioned, gated, with a view to test the practicability of was not reported from the Select Committee; the plan for the registration of legal estates, and in consequence of the numerous schemes which has been before referred to by your which had been brought before Parliament, Committee, and which they are convinced, if and which included, on the one hand, the aboany registration at all, is adopted, is the only lition of the District Courts altogether, and the one that could be carried out in a country pos- transfer of the bankruptcy, business to the dessing such a complicated law of real pro- County Courts, and on the other hand, the adperty as that of our Courts.

dition to the existing bankruptcy jurisdiction

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164

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Metropolitan and Provincial Law Association. United Law. Clerks' Society. of the administration of the estates of all de- and, it may be hoped, also great improvements. ceased traders, whether insolvent or not, it The Commission which was appointed last year, was thought: better that the whole of this sub- and noticed in the last annual report, have preject, too, should be referred to a Royal Com- pared a Bill for transferring to the Court of mission, and one has been accordingly ap-Chancery the testamentary jurisdiction of the pointed, consisting of the following gentlemen : Ecclesiastical Courts, and for altering and – Mr. H. S. Walpole, M.P., Q.C., Sir George amending the Law in relation to matters of Rose, Mr. Swansion, Q.C., Mr. Commissioner Testacy and Intestacy. Thiş Bill has been introHill, Mr. Bacon, Q.C., Mr. Commissioner duced into the House of Lords by the Lord Holroyd, Mr. (now Mr. Commissioner) Cooke, Chancellor; and after having been submitand Mr. Glyn. These gentlemen have cir- ted to the scrutiny of a Select Committee culated a series of printed questions amongst of that House, by which it bas been somethose parties who have had the greatest experi- what modified, it has been passed and sent ence upon the subject; a large number of re- to the Commons. plies have been sent in, and amongst them a paper prepared by your Committee, and it is

[To be continued.] hoped that the Commissioners will be enabled to prepare a scheme of Barkruptcy Law which will be more satisfactory, and therefore more UNITED LAW CLERKS' SOCIETY. enduring in its character, than any of the oumerous phases which the existing system has

TWENTY-SECOND ANNUAL REPORT OF THE passed through.

COMMITTEE OF MANAGEMENT. In framing their replies, your Committee hare adhered to the principles which have ever The principal objects of this Society are to guided the operations of the Association, and establieh, by the subscriptions of the Members have insisted that the expense of the public and the donations of the Profession, – Courts of Justice ought to be borne by the public revenue; inasmuch as the benefits of the 1st. A General Benefit Fund, for rendering administration of justice are enjoyed with fewer liberal pecuniary assistance in the events of drawbacks by those who are not compelled to sickness ; inability through age or other in. resort to its tribunals, than by those who find | firmity to earn the means of subsistence; and themselves obliged to become suitors; that, on the death of a member, or a member's wife. therefore, all Court fees ought to be abolished; 2nd. A Casual Fund, to afford assistance by and that in this way alone can the Courts of gift to law clerks, whether members or not, Justice be made, as they ought to be, equally their widows and families when in temporary accessible to all classes of the community. distress. They have also contended that those who are compelled to appeal to the Courts ought to be Profession with efficient and respectable clerks;

3rd. The Society also seeks to provide the able to do so easily, and to the exact extent and, that they themselves desire, and that they ought to be able to obtain a judicial decision of any

4th. The formation by gift and purchase of question of law or fact, without, for that pur

a library of useful legal and other works. pose necessarily subjecting the entire estate, Subject to certain necessary restrictions, all out of which the question arose, to be admi- law clerks are eligible for membership. nistered in and by the Court.

The Committee have much pleasure in preYour Committee believe that the adoption of senting to the donors and members a report of this principle of partial relief, as it is called in their proceedings during the past year. the Act for the improvement of the Jurisdic- The first branch of the Society's expenditure tion in Equity, the 15 & 16 Vict. c. 86, which consists of the relief it affords to its members introduced it into the Court of Chancery, is a when disabled by illness. Nineteen members matter of very great importance.

have claimed this relief during the past year, Your Committee have made a number of and each received weekly an allowance of one other suggestions, all

designed to carry out the guinea, so long as he was unable to follow his principle, that the public ought to be left as employment. Three other members, whose free as possible to adopt, under the guidance illness has assumed a permanent character, and of their professional advisers, such means and who had received one guinea weekly for 12 methods of winding up insolvent estates as ex- months, have been, and still are, in receipt of perience may tell them are best for all parties half that amount, which the rules allow, until - all parties being at the same time enabled to the completion of a second year, when, if per: apply to the Courts for aid, when they may manent disability ensues, these members will deem it requisite, to obtain judicial determina- be placed on the superannuation fund. Intion of disputed questions, jadicial control over cluding payments in the preceding year, these hostile parties, or judicial punishment for frau-three members have already received in their dulent or criminal conduet.

present illness, one 532. 118, another 581. 58, 6d., ITO qui ll

and the other 731. 108. In meeting these Ecclesiasticaly The time has at length ar- claims the Society has expended during the rived when the Ecclesiastical Courts are evi- past year 1881. 18.

, making the total expendidently to receive, in their turn, great alterations, ture on account of sickness 3,2281. 98.:

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