Metropolitan and Provincial Law Association.—Annual Report. Trust Societies. It will probably be recollected that the South Sea Company endeavoured last Session to get an Act passed to enable them to wind up their old affairs, and then to turn the company into a new society for executing private trusts. The Bill at that time failed, but it has been again introduced into the House this Session, and an application has also been made for an Act by an entirely separate joint-stock company, to be called the Executor and Trustee Society. The object of these Bills is substantially the same, so far as it affects the Profession. It is to enable joint-stock companies to trade in trusts, and thus, for the benefit of the shareholders, to abrogate the rule of Equity which prevents trustees from receiving remuneration for the performance of their duties. Your Committee are of opinion that if such a change in the Law is desirable, it ought not to be introduced thus indirectly for the benefit of a joint-stock company, but should be brought forward by Government as a public measure of Law Reform. 163 In accordance with the suggestion of the Select Committee of the House of Commons, a Royal Commission has been appointed, to consider and report upon the subject of the registration of title, with reference to the sale and transfer of land. 1 ** ཚེ The Commissioners are Mr. H. S. Walpole, M.P., Q.C., Mr. J. Napier, M.P,, Q.C., Sir A. J. Cockburn, M.P., A.G., Sir R. Bethell, M.P., S.G., T. E. Headlam, Esq., M.P., Q.C., V. Scully, Esq., M.P., Q.C., R. Lowe, Esq., M.P., W. D. Lewis, Esq., H. Drummond, Esq., M.P., J. E. Denison, Esq., M.P., R. Wilson, Esq., and W. S. Cookson, Esq. The Committee consider the appointment of this Commission a subject of congratulation upon several accounts. In the first place, they feel sure that the subject will now for the first time be considered in connexion with all those points of practical detail which are only to be met with in the daily routine of a solicitor's office, and which cannot have their full effect, if the Commissioners are only acquainted with 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 enand 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 consiclash. 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 which, if they were to obtain any very great amount of success, might lead to very inconvenient consequences. Registration of Titles. Another attempt was made last year to pass an Act for the Registration of Title Deeds, and a Bill almost identical with Lord Campbell's Bill of 1851 was introduced by the present Lord Chancellor. It was referred to a Select Committee in the Lords, and without any very material alterations, passed by them and sent to the Commons. In the Commons it was also referred to a Select Committee, before whom two members of your Committee were examined at great length; and your Committee believe they are justified in saying, that it was, in a great measure, in consequence of the evidence so given, that the Select Committee reported against the Bill, and recommended that the whole subject should be further investigated, with a view to test the practicability of the plan for the registration of legal estates, which has been before referred oto by your Committee, tand) which they are, convinced, if any registration at all is adopted, is the only one that could be carried out in a country poseessing such a complicated law of real property as that of our Courts. Stamps on leases.-Soon after the passing of the last Stamp Act, a question arose as to what was the proper stamp for a lease reserving a peppercorn rent. It is clear that the spirit, and, as your Committee believe, also the words of the Act, would justify only the sixpenny stamp, treating the peppercorn as a rent less than 5. The Commissioners, however, have decided that such leases are subject to the common deed-stamp of 35s. Your Committee endeavoured to procure the insertion of a clause remedying this anomaly in the short Stamp Act which was passed last year. They were not, however, successful in the attempt, which they will therefore renew as soon as any Bill is before the House which will give them the opportunity of raising the question. " J Bankruptcy.The Bankruptcy Bill, which was last year brought into the House of Lords by Lord St. Leonards, and against several clauses of which your Committee petitionedy was not reported from the Select Committee; and in consequence of the numerous schemes which had been brought before Parliament, and which included, on the one hand, the abolition of the District Courts altogether, and the transfer of the bankruptcy business to the County Courts, and on the other hand, the addition to the existing bankruptcy jurisdiction 164 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 Compared 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. Swanston, Q.C., Mr. Commissioner Testacy and Intestacy. This 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 has 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 hoped that the Commissioners will be enabled to prepare a scheme of Bankruptcy Law which will be more satisfactory, and therefore more enduring in its character, than any of the numerous phases which the existing system has passed through. In framing their replies, your Committee have adhered to the principles which have ever guided the operations of the Association, and have insisted that the expense of the public Courts of Justice ought to be borne by the public revenue; inasmuch as the benefits of the administration of justice are enjoyed with fewer drawbacks by those who are not compelled to resort to its tribunals, than by those who find themselves obliged to become suitors; that, therefore, all Court fees ought to be abolished; and that in this way alone can the Courts of Justice be made, as they ought to be, equally accessible to all classes of the community. They have also contended that those who are compelled to appeal to the Courts ought to be able to do so easily, and to the exact extent that they themselves desire, and that they ought to be able to obtain a judicial decision of any question of law or fact, without, for that purpose necessarily subjecting the entire estate, out of which the question arose, to be administered in and by the Court. Your Committee believe that the adoption of this principle of partial relief, as it is called in the Act for the Improvement of the Jurisdiction in Equity, the 15 & 16 Vict. c. 86, which introduced it into the Court of Chancery, is a matter of very great importance. [To be continued.] UNITED LAW CLERKS' SOCIETY. TWENTY-SECOND ANNUAL REPORT OF THE THE principal objects of this Society are to establish, by the subscriptions of the Members and the donations of the Profession, 1st. A General Benefit Fund, for rendering liberal pecuniary assistance in the events of sickness; inability through age or other in firmity to earn the means of subsistence; and on the death of a member, or a member's wife. 2nd. A Casual Fund, to afford assistance by gift to law clerks, whether members or not, their widows and families when in temporary distress. 3rd. The Society also seeks to provide the Profession with efficient and respectable clerks; and, 4th. The formation by gift and purchase of a library of useful legal and other works. Subject to certain necessary restrictions, all law clerks are eligible for membership. The Committee have much pleasure in presenting to the donors and members a report of their proceedings during the past year. The first branch of the Society's expenditure consists of the relief it affords to its members when disabled by illness. Nineteen members 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 -all parties being at the same time enabled to apply to the Courts for aid, when they may deem it requisite, to obtain judicial determination of disputed questions, judicial control over hostile parties, or judicial punishment for fraudulent or criminal conduct. Ecclesiastical The time has at length arrived when the Ecclesiastical Courts are evidently to receive, in their turn, great alterations, half that amount, which the rules allow, until the completion of a second year, when, if permanent disability ensues, these members will be placed on the superannuation fund. Including payments in the preceding year, these three members have already received in their present illness, one 53. 118,, another 581. 5s, 6d and the other 731. 10s. In meeting these claims the Society has expended during the past year 1887. 18., making the total expendi ture on account of sickness 3,2281, 9s. . United Law Clerks' Society.-Annual Report. 165 The next branch of the Society's expenditure amounted to 7811. 68. 7d.; the difference has consists of relief afforded to its members for been carried to the Society's investments, which life when permanently disabled through age or have been increased from 15,8074. 138. 1d. on other infirmity. At the last anniversary there the 20th of May, 1853, to 16,818. 10s. 3d. on were four members thus afflicted there are the 20th of May, 1854. The Committee have now five-three receive in weekly payments always kept in mind the necessity of husband311. 48. a year, and the other two 361. Ss. ing and increasing this capital, so apparent These payments require an annual expendi- when it is remembered that if the number of ture of 1661. 38. Not one of these five su-superannuated members were only increased perannuated members is disabled by old threefold, or two per cent., the whole interest age. Disease of the mind is the cause in each would be consumed in paying their weekly alcas: three are afflicted with entire loss of in-lowances. These investments are made with tellect. The last branch of expenditure out of the general fund consists of an allowance of 501. on the death of every member, and one-half that sum on the death of a member's wife should he survive her. The Committee have the pleasure of stating that out of 524 members not one death occurred during the past year, and only one amongst the members' wives. When the age of the Society, the number of members, their occupation, and general position are remembered, this fact must be considered a very gratifying one. In meeting claims which arose before the commencement of the present year and the claim already mentioned, 1751. have been expended, making a total of 4,6177. 10s. paid on account of death alone. The Committee gratefully acknowledge the accession of several new Donors since the last Anniversary, and especially the receipt of a third donation of thirty guineas from the Benchers of Lincoln's Inn, making a sum of 90 guineas contributed to the funds by that learned society. The Committee have also to report the bequest of a legacy of 100l. by the late Mr. Nicholson, of Furnival's Inn, but it is a contingent one, and cannot be receivable for some years. In testimony of the opinion entertained by the Profession of the usefulness of the Society, and also of their willingness to help those who help themselves, it may be mentioned that a firm of large practice, having witnessed the distressed condition of the family of one of their clerks, who had made no provision for e time of affliction, determined that the assistance afforded by them in future should be confined to those clerks who were members of this Society, which resulted in most of the clerks becoming so,-seven joined the Society in one evening immediately afterwards. The Committee report with pleasure that, notwithstanding the loss of members by emigration, removal from the Profession, and other causes, the number on the 20th day of May last, was 529, whose contributions during the year exceeded 1,1007. The Committee are happy to say, that after discharging every claim, they have been able to make some addition to the Society's investments. On the 4th April, 1853, the General Benefit Fund amounted to 15,5601. 8s.; since then 2,0157. 38. 74. have been received. The year's expenditure, including subscriptions returned to members who have gone abroad, has the Commissioners for the Reduction of the National Debt, and the Committee regret to state that a considerable reduction of interest has lately taken place on funds invested with them. The Casual or Benevolent Fund is formed by the donations of the Profession and a subscription from every member. This fund is employed in assisting with small gifts of money, not exceeding 51., all law clerks, whether members or not, their widows and families, when suffering from distress not the result of misconduct. The chief participants in this fund are non-members and their widows, and the widows and orphan children of members. Before any relief is granted, the applicant's character and circumstances are carefully investigated, and if the case be found one deserving of relief it immediately receives it,-if undeserving none is afforded. During the year, 55 applications have been received; 39 were those of deserving persons, and relieved accordingly; the rest could not be entertained, being ineligible from various causes. Out of the same fund several small loans have been granted to members who needed temporary pecuniary assistance. The power to grant these loans works beneficially, they are of service to the members and of advantage to the Society-considerably lessening the number of claimants on the Sickness Fund. Very many members regard the Superannuation Fund as the great object of their contributions, and in illness prefer receiving assistance by way of loan to declaring on the Sickness Fund, because it would, to some extent, lessen the amount of the Society's savings, on the interest of which they believe the Society must ultimately rely for the payment of the relief afforded to its aged and infirm members. These loans are made without interest or charge of any kind. The relief afforded out of this fund during the year has amounted to 3811., and its total expenditure has reached the sum of 4,8724. 168. The balance in hand of the Casual Fund in April, 1853, amouuted to 60%. 108. 5d. The receipts of the year have been 3601. 13s. 1d. and the expenditure 38 11. 178., leaving in hand a balance of 391. 68. 6d. only. The Committee hope that their report of the Society's operations during the past year will prove satisfactory to the donors and members. The claims of the latter have all been promptly and fully satisfied, and some provision has been made for the heavier claims of future years. The Committee return to the Profes 166 Notes of the Week.-Superior Courts: Lords Justices.—V. C. Kindersley. sion their sincere thanks for the kind support not sit again in their own Court before the the Society has received during a period of 22 6.h July, on which day they intend to hear years, that support, among other advantages many Lunacy. LAW PROMOTIONS, The Queen has been pleased to give orders has given a more liberal character to its bene- Motions, and on the day following Petitions in fits, and placed them within the reach of who could not otherwise have obtained themit also enables the Society to afford assistance to those who are not members and to their families, and the Committee respectfully hope that those benefits may never be in any way for the appointment of William H. Draper, curtailed by the withdrawal of that support Esq., one of the Puisne Judges of Canada West, which has been the main cause of the Society's to be an Ordinary Member of the Civil Difavourable progress and of its present flourishvision of the Third Class, or Companions, of ing condition. the most honourable Order of the Bath.-From the London Gazette of June 23. Freemasons' Tavern, June 22, 1854. An order was made to take a bill pro confesso under Order 79 of May 8, 1845, although the notice of motion named a day in Term not specially set apart for motions. THIS was a motion by direction of ViceChancellor Kindersley to take this bill pro confesso under order 79 of May 8, 1845. It ap peared that in the notice of motion a day in Term had been named which was not specially set apart for motions. C. Purton Cooper in support. The Lords Justices said, that a motion could be made on any day in Term, although it was not the practice to hear motions which were opposed except on the days specially appointed. The order would therefore be made as asked. Vice-Chancellor Kindersley. Marryatt v. Marryatt, June 26, 1854. PAYMENT INTO COURT OF STOCK BY TRUS TEES IN ADMINISTRATION SUIT. The Vice-Chancellor said, that by the new practice cestuis que trustent need not be served with notice of a motion like the present, as the trustees represented them. In accordance with the decision of Vice-Chancellor Wigram in Bartlett v. Bartlett, 4 Hare, 631, the sums of stock must be transferred into Court, but no order would be made as to the sums of money, which were subject to be dealt with under the will. Wellesley v. Mornington. June 27,,1854. INJUNCTION TO RESTRAIN SALE BY TRUS- An injunction was refused to restrain the THIS was a motion for an injunction to restrain the sale under a power of certain estates, which were held by two trustees in trust to pay off incumbrances and certain annuities. It apAn order was made on motion in an admini-peared that one of the trustees was bankrupt stration suit by the executor of a residuary and the other was 90 years of age, and that legatee against the trustees of the testator's Lord Mornington and Lord Wellesley, who will to transfer into Court certain stock, had the power of appointing new trustees, although certain other parties interested could not agree. Jen of were not before the Court. THIS was a motion for the payment into Court of certain moneys and stock by the trustees of the will of the testator, Mr. Joseph Marryatt, in this suit for the administration of his estate, and which was instituted by the executor of a residuary legatee, 10 ། Baily and Batten in support; Glasse and Hetherington, contrà, on the ground that the other parties interested were not before the Court. 1 Rolt and Freeling for Lady Mornington, an annuitant, in support, on the ground that the present trustees were not fit persons to conduct the sale. ལ ས 9 94 Baily and Selwyn for Lord Wellesley; Druce for Lord Mornington, contrà. The Vice-Chancellor said, that as there was no suggestion of any intention to misapply the proceeds, or that the sale was improper, the injunction must be refused. Superior Courts: V. C. Stuart-V. C. Wood.-Queen's Bench. Freeland v. Stansfield. April 25; June 27, 1854. PARTNERSHIP. DISSOLUTION BY BANK- RUPTCY. A partnership for seven years between the plaintiff and the defendant as general practitioners in medicine, in consideration of 9001, was dissolved by the bankruptcy of the defendant: Held, that the plaintiff was · entitled, in taking the accounts of the partsership, to be credited with a portion of the premium proportionate to the period of the term unexpired. Ir appeared that the plaintiff had, by deed dated Jan. 1, 1850, entered into partnership with Mr. Edward Leech as general practitioners in medicine at Chichester, for a period of seven years, paying a consideration of 900l., and that they had continued to carry on the business until June, 1851, when Mr. Leech became bankrupt. This bill was thereupon filed against his assignees to recover a propor tionate part of the premium as on a failure of consideration, and for an account and a receiver. Wigram and G. M. Giffard for the plaintiff; Malins and H. Stevens for the defendants. 167 of certain lands at Wimbledon as a security for Moxon now moved for the injunction; Rolt, Court of Queen's Bench. Articles of clerkship were duly registered in The Vice-Chancellor said, that as there was 86, s. 3, for an order directing the Prothono a failure of consideration, the plaintiff was en-tary of the Court of Common Pleas at Lantitled to have a portion of the premium re-caster to enrol nunc pro tunc the articles of turned proportionate to the period of the part- clerkship of the above John Done, jun., dated nership which was unexpired at the time of the bankruptcy, and in taking the accounts would be allowed out of the assets credit for the same. Vice-Chancellor Wood. UNDER · Daniel v. Fussell. June 27, 1854. 1 -- STATUTES OF The defendant agreed to lend the plaintiff a sum of 15,000l. within three years, in certain sums as thereby provided, and the plaintiff agreed to pay i per cent. on the whole 15,000l. from the date of the agreement to the expiration of the three years, whatever sum should be advanced, and 41. per cent, on the sums advanced. A sum of 4,000l. was advanced on the security of a mortgages of land with a power of sale: Held, that the plaintiff was not entitled to an injunction to restrain an action brought to recover the first year's per centage of 1 per cent., nor to restrain a sale under the power on the ground the agreement was void under the Statutes of Usury. A June 3, 1847, whereby he became bound to Mr. Charles Gibson, of Manchester, an attor ney, for the term of five years, and that the service under such contract should be directed to commence and be computed from their execution, with a view to his admission in the Court of Common Pleas of Lancaster, notwithstanding he had omitted to register the same in the County Palatine Court. Notice of this application had been given to the Incorporated Law Society, who did not oppose. The articles had been regisgistered with the proper officer in this Court on June 7, 1847, pursuant to the 6 & 7 Vict. c. 73, and it appeared they were not registered in the Court of Common Pleas at Lancaster, because the applicant believed that it was only necessary the articles should be registered in London. Woollett in support. The Court granted the motion. ས། Regina (exparte Piddlesden) v. Overseers of *** Withyham, Sussex, June 8, 1854. MANDAMUS.—CERTIFICATE OF OVERSEERS POOL MEZUNDER 3 & 4 VICT. c. 617 <I>{' -A rule was made absolute on the overseers of pesa parish to inquire and certify under\the 3 By a deed, dated in February, 1853, the defendant agreed to lend to the plaintiff the sum of 15,000l. within three years, in certain sums as therein provided, and the plaintiff agreed to pay 1 per cent. on the whole 15,000l. from the date of the agreement to the expiration of the three years, whatever sum should be advanced, and 41. per cent. on the sums advanced. The THIS was a rule nisi obtained on May 26 plaintiff gave a mortgage with a power of sale last, for a mandamus on the overseers of &4 Victirab61, s. 5, whether the applicant was sole occupier of a house of the yearly vale of 101. for the purpose of obtaining a license to keep a beer-shop. |