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Enfranchisement of Copyholds.-Order on Petition to deliver Bill of Costs. 185 versally, because on a single manor inconve- of hardship on the copyholders, in which nience may be felt under special circumstances, land worth 601. a year was leased for a long shows prejudice.
term, built on, and greatly increased in value, Quoting the opinion of the Committee, in and a fine of several hundred pounds defavour of the entire abolition of copyholds, and manded on the next admission. keeping back the carefully prepared sixth re- It is not even hinted that the sum claimed port of the Commissioner's made long subse- was more than the lord was legally entitled to, quently, and in which they recommend the but it is contended that it was hard on the continuance of the tenure with commuted copyholder to have to pay
it. rights, shows unfairness.
It might be inconvenient, but was not unThe attempt to deprive the lord of a portion just or hard on the copyholder, who, had he of the rights to which he is clearly entitled, -possessed common sense, would not have subject to which the copyholders took their granted a lease for building purposes, well property, and the extent of which they had knowing that the annual value would be very ample means of knowing, shows injustice. greatly increased, and also well knowing that
The petition appears to me to bear so on every change of tenant a fine of two years' strongly on its face the character I have ex- improved value would be payable,—without pressed, that I really cannot refrain from the making it one of the terms of the lease that all expression of my opinion; but my object in payments for fines beyond two years' purchase writing is not to reflect on individuals, but to on the rent reserved, should be payable by the point out in a plain and business-like way, lessee. that the copyholders of the Kennington manor By adopting that course, the copyholder have no just cause for complaint, and that if would only have to pay on the amount of rent in certain cases inconvenience has arisen from payable to him, the lessee might readily calcuthe amount required for the fine, the inconve. iate the value of the liability he took on himnience has arised solely from a want of a little self, and proportionately reduce the amount common sense on the part of the copyholders. paid for purchase of his lease; and the lord
Although manors differ in the extent of the might receive the amount of his just rights lord's rights, he is in most manors entitled to without its being insinuated that he was guilty a fine of two years improved value, payable on of extortion. death or alienation ;-if a single life admitted, It may be, however, said by the copyholder with the addition of half such a fine for a se that such a stipulation in the lease would recond life, a quarter fine for a third life, and so duce the amount he would receive. Of course on, where persons are admitted as joint ten- it would, by the deduction of the value of the ants.
lord's interest in the property, but not by a The extent of such liability on each manor is single penny in respect of any interest which well known to the copyholders, and easily as- fairly belonged to the copyholder. certainable by any one treating for purchase of The view I have taken is not one of a merely copybold interests.
theoretical character, but one which I have I assume that the fines on the Kennington carried out practically and with the greatest manor are of two years' value, though whether possible ease, with a full protection to the inthey be or be not of that full extent, would be terests of the copyholder, the leaseholder, and unimportant, the extent being known, and the the lord. remedy of the copyholder being very simple if I have also found no difficulty in giving the more was asked than the lord was legally en- leaseholder a due control over the selection of titled to.
the lives on which the copyhold is to be held. The extent of liability being therefore known, Even if the land, instead of being leased to every prudent man, if dealing with copyhold one person, is to be divided into lots, the arinterests, would make provision for meeting rangement might be made with ease, safety, the liabilities as carefully as the owner of Å and justice to all parties. leasebold renewable on the extinction of a life June 20, 1854.
FAIR PLAY. or at fixed periods, would make provision for payment of the renewal fines.
Should any man neglect to do so he would ORDER ON PETITION TO DELIVER have himself alone to blame if put to unex
BILL OF COSTS. pected inconvenience when the payment became due. In the same way the copyholders on the
The form of order on a solicitor to deliver Kennington manor have taken interests in his bill of costs, “That the said
do property, subject to known liabilities ; they within a fortnight after notice hereof deliver to have neglected to make provision for the liabilities, and have themselves alone to blame the petitioner a bill of all such fees and disfor the inconvenience to which they may have bursements as he claims to be due in all suits, been subjected, especially as I shall be able to causes, and other matters of business in which show that they could, with the greatest ease, he has been employed as the attorney or solihave provided for the obligations to which they citor for the petitioner," has been varied by were liable.
To take the leading case, given as an instance omitting the words in italics.
Metropolitan and Provincial Law Association.-Law Union Insurance Company. against them for the purpose of having those LAW UNION INSURANCE COMPANY. rights judicially declared. In the House of Commons, among the Law
Bristol Law Library, June 24, 1854. Bills, is one to consolidate and render permanent the Law of Friendly Societies. It is ob
Ar a meeting of Members of the Profesvious that the amount of property which has sion of this City, held this day for the purpose been dealt with under these hitherto temporary of receiving a Deputation from the Law Union Acts renders this measure very desirable. Fire and Life Insurance Company, Mr. D.
Another Bill has been brought in by Mr. J. G. Phillimore and Mr. Hume, to provide for Burges in the Chair, it was unanimously the appointment of Public Prosecutors. This resolvedBill, however, has been postponed for the “That it appears to this meeting, after present, upon an intimation that Government having heard the explanation of the Directors have it in contemplation themselves to intro- of the Law Union Fire and Life Insurance duce a measure upon the subject. The matter is one of much difficulty, and will require the Company, that the proposed arrangements of careful attention of your Committee, who do the company with respect to the legal businot think that it is likely to improve the admi- ness of the office are equitable and deserve the nistration of justice if it should be proposed to consideration of the Profession.” compel parties who are driven to seek redress in the Criminal Courts, to entrust their in
Signed on behalf of the Meeting, terests to public officers not selected by, or
“DANIEL BURGES." responsible to, them. Your Committee believe,
The gentlemen present at the above meeting that the interests of suitors will generally be best consulted by measures which tend to raise the character and position of the whole James Parker, Esq., Vice-Chairman of the Profession, and then by leaving the public to Law Union, and Mr. Durrant, the Solicitor, select for themselves their own professional attended as a Deputation. advisers.
Daniel Burges, sen., Chairman of Meeting, A Bill has been brought into the House of Commons to substitute Declaration for Oaths late Town Clerk and father of the present in certain cases. The object of this Bill is also Town Clerk, and Chairman of the Bristol met by some of the clauses of the second Law Association. Common Law Procedure Act, and it is not
H. Sidney Wasbrough, Esq., Secretary of probable, therefore, that both will be passed.
the Bristol Law Association. A Bill has been brought in to enable execution to issue in any part of the United King
W. O. Hare, Esq., Clerk of Peace and dom under a judgment obtained in any Court Deputy-Sheriff. in England, Scotland, or Ireland. This Bill
F. R. Ward, Esq., Local Director of Law is substantially the same as one which was
Union. prepared three years ago by your Committee, and placed in the hands of Lord Lyndhurst, by Alfred Brittan, Esq. F. V. Jacques, Esq. whom, however, the matter was not pressed. Thomas Danger, Esq. Chas. Bevan, Esq.
A Bill has been brought in to amend the G. L. King, Esq. G. W. Nalder, Esq. Laws regarding actions for Criminal Conversa. Giles Greville, Esq. Chas. Greville, Esq. tion, and the protection of women in such actions. It does not appear likely that this We understand that the CH Bill will be opposed, and it will remove what meeting and several others s
heir aphas long been felt to be a disgrace to our proval of the liberal plano judicial system.
Altogether, up to the present time, 68 Law becoming shareholders. I Bills have been introduced into Parliament- office is proceeding very p 20 in the House of Lords, and 48 in the House of Commons; and it is probable that ENFRANCHISEM this number will be very considerably increas
HO ed before the end of the Session.
The Association at present numbers 903 To the Editor members, of whom 239 are metropolitan, and Sir, It is mor 664 provincial. There are 142 life members, questions affectin and 761 annual subscribers. During the year, passion, prejur including arrears, 516 subscriptions have been but the received. The total income has amounted to Kennir 5631. 168. 3d., and the expenses, including lia-char
and bilities, to 4991. 10s. Id.
We pass of copyholde
any by 187
raffe Kearsey ett; Josiah Towne xander Mees
Enfranchisement of Copykolis-Omer m. Pri versally, because on a single mapor inom brain = nience may be felt under special circumstaness in mu shows prejudice.
Quoting the opinion of the Commina. mi r. favour of the entire abolition of copybrids. mt mtnte. E SE keeping back the carefully prepared sa te port of the Commissioners inade long stilsson 20 quently, and in which they recessant zie 1: continnance of the tenure with commier LLI: rights, shows unfairness.
The attempt to deprive the lord of a man of the rights to which he is clearly eutral.subject to which the copyholders soat der 23 property, and the extent of which thirt im ample means of knowing, shows inje
The petition appears to me to be s sa strongly on its face the character I have e pressed, that I really cannot refrån S. expression of my opinion; but my DIE I writing is not to reflect on individals, EZ E point out in a plain and business-lie E. that the copyholders of the Kenningin man have no just cause for complaint, and the in certain cases inconvenience has arise it the amount required for the fine, the com Dr nience has arisen solely from a want ai ka common sense on the part of the coqwhoizs. 3
a ord Although manors differ in the even CEE lord's rights, he is in most madons en
gauty a fine of two years improved value.
IL E death or alienation ;—if a single life ama. le uploader with the addition of half such a fers cond life, a quarter fine for a third B. on, where persons are admitted ==
28 la rue who ants. The extent of such liability and
#stgresk 3.3 well known to the copyholders, an lender . certainable by any one treating is
w saloto ula berely copybold interests.
which I have I assume that the fines of
with the greatest manor are of two years' value, the
wotetion to the it they be or be not of that folle unimportant, the extent being
the leaseholder, remedy of the copyholder le more was asked than the last
a difficulty in givino titled to.
over the selection The extent of
scopyhold is to be loaded
ad of being leid every prudent interests,
divided into luto, lo * the liabilit leasehold
so, that section puts for it prohibits the any action or suit ery of the bill; and and referred for tax.
taking proceedings t first, I thought this iblish the plaintiffs' gainst the separate n that light, I might over until after the d and the sum due certained, but I am
goes further, and been filed at all. It sed with costs, but ceeding which the institute, after the
shall have been Taugh v. Waddell,
Candidates who passed the Examination,
CANDIDATES WHO PASSED THE EXAMINATION.
Trinity Term, 1854.
Names of Candidates.
To whom Articled, Assigned, &c. Addison, Thomas Russell
Thomas Hustwick Barker, Charles Henry, B.A.
James Bowker Barnett, Horatio Frederick
Thomas Marlow Beaumont, Robert
Charles Clough Benbow Clifton
John Henry Benbow Brittan. Henry, jun.
743 Til. 10 Carter, Hanwell Holmes
Charles Ilarrison Clarke is Charsley, George Alliogton
Frederick Charslev Christie, John
Richard Eckroyd Payne Clough, James
"lillair ('lough Cockeram. William Philip
Henry Reade Hodding Cooper, Robert
Arthur Dalrymple Crawford, Thomas
Lietch and Kewnej Croome, Alexander Swayne
John Starmer Davies, George Thomas
William Dewes Dorman, Thomas
James Crosby Ensor, "Thomas Henry :
Alexander Cuthbertson Floyd, Cookson Stephenson, jun.
Cookson Siephenson Flord, sen. Fowden, Matthew
Jolin Worthington Gething, Henry
Frederic Malim Harris, James Raymond
John Kelly Haywarii, Charles.
Alfred Blayward Head, Jobn Henry Hors?ord.
Robert Thomas Head Hele, Thomas Shirley
Johu Chappell Tozer Hernamaon, Jobo Richard Mills
John Stogion Hill, Stephen, jun.
Stephen Hin, sen. Hopkins, Jolin
Edwin Eugene Whitaker Jackamun, William Batley
Simon Batler Jackamac Kay, John Dunning
Joseph Dunning Kirkbank, John
George Gill Mounsey ; George Mounsey Gray Lacey, William Manning
Robert Cole Lamb, John Workman
George Lamb Lewis, Thomas Smith
Micbael Lewis Lindus, Henry William
Ricbard Hare Lloyd, William Henry
William John Whyte Marshall, William
Jolin Brooks Mason, Richard
William Jacob Hnilest Meriton, Edward Busick
Lee and Pemberton Monckton, Jolin Braddick
John Monckton Moore, Robert
Nathaniel Cowdry ; Capel Augustus Curwood Mounsey, Robert Heysham
George Gill Mounsey Mullens, Samuel, L.L.B.
George Capes Nash, Arthur, B.A.
George Augustus Crowder Peckbam, Robert .
· Arthur James Lane ; Joseph Hall; Joseph Francis
Holmes ; Arthur Turner Hetvict Peters, Charles Abbot
George Frederick Peters; John Miller Phillips, Henry
Denton, Kinderley, and Domville Piper, John, jun.
Thomas Townend Dibb Powell, William
Green and Peters Ravenor, Nathaniel Graham
George Godby Vincent Richards, Watkins
Charles Richards Richardson, Edward Taylor
John Luke llaigh Roberts, George Cliristopher Di
John Saxelbye Roberts, Thomas Vaughan '19/4491
Thomas Longueville Longueville Robinson, Richard
Robert Sewell Rodwell, Henry Blyth
Edward Norton ; John Day; Frederick Browne Safford, Frederick Lawrence Sleath
á Jobu Frederick Robinson ; Thomas Borrelt. Sangster, Alexander
John Stevenson; Robert Shum e re !
George Pike 911 Peļ u 2008 41:11
Saml Johnson Sharpes Richd, Newcomb Thompson Simms, Fredericko). 30. 119€ szabjo George Hodgkinson Simpson, Benjamia waliam usina: sve : bij Macho son moltes slús9,1513 5101s: -dis Smart, Robert Williamson Hundet no lobo Smart? 2. 18. IA S 9311 20774 Smith, John William
Hildec and Arnold bat 01019rods alami 1 1 Smith, Jobo William
Jobin Smith; Samuel Steward Stepbenson, Thomas
Law of Attorneys and Solicitors.-Selections from Correspondence.
187 Names of Candidates.
To whom Articled, Assigned, 8c. Stuart, William George
William Stuart Tibbits, Jobn
William Tibbits; William Woodruffe Kearsey Torne, Eldon Etbelbert
Richd. Baverstock Browne Cobbett; Josiah Towne Tugwell, James Edward
William Edmund Tugwell; Alexander Meeks Waller, William
William Bromley Wilford, John Charles :
Richard Bowes Wingfield. Henry George Eden
Jonathan Weymouth Woodward, John Hawkes
William Wilton Woodward Woollcombe, William John
LAW OF ATTORNEYS AND SOLI. estate is chargeable ; and if so, that section puts CITORS.
an end to the whole matter, for it prohibits the
solicitor from commencing any action or suit EMPLOYMENT OF SolicitOR BY MARRIED till one month after delivery of the bill; and WOMAN.-“PARTY CHARGEABLE.”
after it has been delivered and referred for tax. ON SEPARATE ESTATE.
ation, it restrains him from taking proceedings A MARRIED woman, upon requesting the
pending the reference. At first, I thought this plaintiffs to act as her solicitors in certain matters, had given the following memorandum : lien for their costs, as against the separate
was a claim simply to establish the plaintiffs’ “ And in consideration of your so acting as estate ; and, regarding it in that light, I might my solicitors, I hereby charge upon and will have directed it to stand over until after the pay from my separate estate, your former and taxation had been completed and the sum due future bills of costs, and the bills of costs of to the plaintiffs had been ascertained, but I am Mr. Waugh alone against me, in respect of
of opinion that the claim goes further, and these and other causes and matters, together ought not therefore to have been filed at all. It with interest at 5l. per cent. per annum on must consequently be dismissed with costs, but those already incurred from this date, and upon without prejudice to any proceeding which the those which may be incurred, from the end of
plaintiffs may be advised to institute, after the every year, in which the business charged for
amount of their bill of costs shall have been may be performed.” She afterwards obtained
ascertained on taxation.” Waugh v. Waddell, the common order for the delivery and taxation
16 Beav. 521. of the plaintiffs' bills of costs, on a petition presented without a next friend, together with
SELECTIONS FROM CORREan order that no proceedings at law or other
SPONDENCE. wise be commenced against her in respect of such bill pending the reference. The plaintiffs, after delivery of their bills, but on which no An attempt was recently made by the taxation had taken place, filed a claim to en
Barber's Company of the city of London to
compel a gentleman, who was a liveryman of force their lien under the memorandum. the Barber's Company, to act as one of the as
The Master of the Rolls said, “ I am of opi. sistants on the court of master wardens and nion that the 38th section of the 6 & 7 Vict. c. court of assistants of that company. He was
case, but to a case in threatened to be fined whether he thought fit
to accept the office or not. It was in vain to which the person making the application for point out to their worships the absurdity of an order to tax, is not himself the person em. ining a man for accepting office, -such they ploying the solicitor. Nor has the 39th sec- alleged was the custom. At length the gentle, tion any bearing on the present case. As to
man pleaded that he was a chief clerk in Chanthe 37th section, it does not indeed apply to a cery, and the exemption was allowed.
Civis, married I woman personally, because she is not a' party chargeable in that sense; but it does COPYHOLD.-FORFEITURE FOR NON-REPAIR. apply to her, when, as in this ca
A. holde a copyhold house, which is suffered given an undertaking to pay the costs out of to go out of repair. The is presented at a her separate estate, and her separate estate is bailiff is ordered to seize the tenement for the
Customary Court by the homage, and the therefore chargeable
. This is laid down in lord. is such seizure, lawful, or is it incum . Myl; on an 194. I think, therefore, that the 37th section for the forfeiture ?
A COPYHOLDBR. does apply to a married woman, whose separate
PRIVILEGES OF THE PROFESSION.
73, does not apply tell
is case, she has