Taxes on Admin. of Justice.-Metropolitan and Provincial Law Association. less than sl. Os. 6d.—more, considerably more, than 150 per cent. He had not had access to the particulars of these bills, except in two instances; but in these two instances he had seen the bills, and he had submitted them to one of the officers of these Courts best acquainted with the subject, who would have corrected them at once had they been erroneous. His report, however, was, that the fees exacted by the officer of the Court were correctly and truly due, that he had no choice but to exact them, that for the work done, for the steps had in the proceedings, the fees charged were due, under the Act of Parliament, and that the officer was not merely right in demanding them, but would have omitted his duty had he not exacted them from the suitor. He concluded, therefore, that the charges made for taxes on the other two bills of which he had spoken were truly due." 183 Like the first Common Law Procedure Bill, this Bill is the result of the labours of the Common Law Commissioners; it consists of one hundred sections, which contain a large nuinber of provisions of great importance, and some of startling novelty. By the consent of the parties, juries may be dispensed with, and questions of fact left to the Judge. The qualification of jurors is to be raised to an assessment of 301., and jurors are to be chosen indiscriminately from persons hitherto qualified as special and common jurors. If any jury cannot agree to a verdict after 12 hours, they are to be discharged. Counsel on either side at a trial are to be allowed, after producing their evidence, to comment upon it to the jury. Documents need not be proved by the attesting witness, except where attestation is requisite to give validity to the documents. The practice of attachment, according to the custom of the City of London, is to be made universal. Pleadings upon equitable grounds are to be allowed. Now it must not be forgotten, in considering these statistics, that before the present County Courts commenced their operations in 1847, there were several hundred local Courts, many of which had Your Committee have referred this Bill to unlimited jurisdiction as to pecuniary the consideration of a sub-Committee, and will amount;-that many of the Courts of embody in a petition such observations and Request possessed a jurisdiction up to 151., suggestions as may appear, after careful examination, to be necessary. a large number to 10%, and almost all the A Bill for preventing frauds upon creditors rest to 5%. When, therefore, we are con- by secret bills of sale of personal chattels, sidering the number of actions in the which proposes to make void as against assigCounty Courts, as compared with those in nees in bankruptcy or insolvency, and as the Superior Courts, we must not suppose against any execution, all bills of sale not rethat the County Courts afford a remedy gistered within 21 days of their execution, has where previously there was none. On the been passed by the House of Lords, and sent contrary, we believe it will be found that to the Commons. This Bill was drawn by a member of this Association, and the Comthe number of summonses issued in the mittee believe that it is well calculated to effect Courts of Request was equal to the plaints its object. Its effect will not be to interfere in the new County Courts. Besides which with legitimate credit, but to render more clear there were various Borough Courts, Sheriffs' the difference between credit and actual proCourts, and old County Courts, in which perty. Another Bill having the same object is numerous actions were brought and cheaply the Bill to permit the Registration of dishoand expeditiously concluded. It is a mis-noured Bills of Exchange and Promissory take therefore to suppose that the County thereon. This Bill has been introduced by Notes in England, and to allow execution Courts afford a remedy for the non-payment of small debts which previously could only be recovered in the Superior Courts. METROPOLITAN AND PROVINCIAL LAW ASSOCIATION. Lord Brougham, and it is accompanied by a paper explaining that it only seeks to extend to England a form of proceeding which has been long known to the Scotch Law under the name of Summary Diligence. There appears little doubt that it will be passed. Lord Brougham has also introduced a Bill to amend the Law of Arbitration, the pro ANNUAL REPORT OF THE COMMITTEE OF visions of which are for the most part similar MANAGEMENT. -April 29th, 1854. [) [Concluded from page 164, ante.] Bills before Parliament.-Among the Bills that have been introduced into Parliament this Session, the following are of sufficient importance to be here noticed ; The Second Common Law Procedure Bill, which has been introduced by the Lord Chancellor, and referred to a Select Committee. to the Arbitration Clauses of the second Com. mon Law Procedure Bill; and it is probable, therefore, that this Bill will not be proceeded with, or that those clause will be withdrawn. Lord Brougham has also introduced another Bill, to extend to England a portion of the Law of Scotland, under the title of "An Act" for giving a remedy by way of Declaratory Suit." This Bill provides that persons apprehending an intention in other persons to dispute their rights, may file a bill in Chancery 184 Metropolitan and Provincial Law Association.—Law Union Insurance Company. against them for the purpose of having those | LAW UNION INSURANCE COMPANY. rights judicially declared. Bristol Law Library, June 24, 1854. Ar a meeting of Members of the Profession of this City, held this day for the purpose of receiving a Deputation from the Law Union Fire and Life Insurance Company, Mr. D. Burges in the Chair, it was unanimously resolved- In the House of Commons, among the Law Bills, is one to consolidate and render permanent the Law of Friendly Societies. It is obvious that the amount of property which has been dealt with under these hitherto temporary Acts renders this measure very desirable. Another Bill has been brought in by Mr. J. G. Phillimore and Mr. Hume, to provide for the appointment of Public Prosecutors. This Bill, 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 Signed on behalf of the Meeting, 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 interests to public officers not selected by, or responsible to, them. Your Committee believe, that the interests of suitors will generally be best consulted by measures which tend to raise the character and position of the whole Profession, and then by leaving the public to select for themselves their own professional advisers. A Bill has been brought into the House of Commons to substitute Declaration for Oaths in certain cases. The object of this Bill is also met by some of the clauses of the second Common Law Procedure Act, and it is not probable, therefore, that both will be passed. The gentlemen present at the above meeting were: James Parker, Esq., Vice-Chairman of the Law Union, and Mr. Durrant, the Solicitor, attended as a Deputation. Daniel Burges, sen., Chairman of Meeting, late Town Clerk and father of the present Town Clerk, and Chairman of the Bristol Law Association. H. Sidney Wasbrough, Esq., Secretary of the Bristol Law Association. W. O. Hare, Esq., Clerk of Peace and Deputy-Sheriff. F. R. Ward, Esq., Local Director of Law Union. A Bill has been brought in to enable execution to issue in any part of the United Kingdom under a judgment obtained in any Court in England, Scotland, or Ireland. This Bill is substantially the same as one which was prepared three years ago by your Committee, and placed in the hands of Lord Lyndhurst, by whom, however, the matter was not pressed. A Bill has been brought in to amend the Laws regarding actions for Criminal Conversation, and the protection of women in such actions. It does not appear likely that this We understand that the Chairman of the Bill will be opposed, and it will remove what meeting and several others signified their aphas long been felt to be a disgrace to our proval of the liberal plan of the company by judicial system. Alfred Brittan, Esq. F. V. Jacques, Esq. Altogether, up to the present time, 68 Law becoming shareholders. It appears that the Bills have been introduced into Parliament-office is proceeding very prosperously. 20 in the House of Lords, and 48 in the House of Commons; and it is probable that this number will be very considerably increased before the end of the Session. ENFRANCHISEMENT OF COPY HOLDS. To the Editor of the Legal Observer. SIR,-It is much to be regretted, when questions affecting rights in property, are discussed otherwise than with freedom from passion, prejudice, unfairness and injustice,but the petition of the copyholders of the Kennington manor appears to me to be chargeable with all those faults. The tone of the petition generally, and the charge of attempted extortion, shows passion. The attack on the system of copyholds uni 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, shows prejudice. Quoting the opinion of the Committee, in favour of the entire abolition of copyholds, and keeping back the carefully prepared sixth report of the Commissioners made long subsequently, and in which they recommend the continuance of the tenure with commuted rights, shows unfairness. The attempt to deprive the lord of a portion of the rights to which he is clearly entitled, subject to which the copyholders took their property, and the extent of which they had ample means of knowing, shows injustice. The petition appears to me to bear so strongly on its face the character I have expressed, that I really cannot refrain from the expression of my opinion; but my object in writing is not to reflect on individuals, but to point out in a plain and business-like way, that the copyholders of the Kennington manor have no just cause for complaint, and that if in certain cases inconvenience has arisen from the amount required for the fine, the inconve. nience has arisen solely from a want of a little common sense on the part of the copyholders. Although manors differ in the extent of the lord's rights, he is in most manors entitled to a fine of two years improved value, payable on death or alienation ;—if a single life admitted, with the addition of half such a fine for a second life, a quarter fine for a third life, and so on, where persons are admitted as joint ten ants. The extent of such liability on each manor is well known to the copyholders, and easily ascertainable by any one treating for purchase of copyhold interests. I assume that the fines on the Kennington manor are of two years' value, though whether they be or be not of that full extent, would be unimportant, the extent being known, and the remedy of the copyholder being very simple if more was asked than the lord was legally en titled to. The extent of liability being therefore known, every prudent man, if dealing with copyhold interests, would make provision for meeting the liabilities as carefully as the owner of a leasehold renewable on the extinction of a life or at fixed periods, would make provision for payment of the renewal fines. land worth 60l. a year was leased for a long and a fine of several hundred pounds determ, built on, and greatly increased in value, manded on the next admission. was more than the lord was legally entitled to, It is not even hinted that the sum claimed but it is contended that it was hard on the copyholder to have to pay it. just or hard on the copyholder, who, had he It might be inconvenient, but was not unpossessed common sense, would not have granted a lease for building purposes, well knowing that the annual value would be very greatly increased, and also well knowing that on every change of tenant a fine of two years' improved value would be payable,-without making it one of the terms of the lease that all payments for fines beyond two years' purchase on the rent reserved, should be payable by the lessee. would only have to pay on the amount of rent By adopting that course, the copyholder payable to him, the lessee might readily calculate the value of the liability he took on himself, and proportionately reduce the amount paid for purchase of his lease; and the lord might receive the amount of his just rights without its being insinuated that he was guilty of extortion. that such a stipulation in the lease would reIt may be, however, said by the copyholder duce the amount he would receive. Of course it would, by the deduction of the value of the single penny in respect of any interest which lord's interest in the property, but not by a fairly belonged to the copyholder. The view I have taken is not one of a merely carried out practically and with the greatest theoretical character, but one which I have possible ease, with a full protection to the interests of the copyholder, the leaseholder, and the lord. I have also found no difficulty in giving the leaseholder a due control over the selection of the lives on which the copyhold is to be held. one person, is to be divided into lots, the ar- FAIR PLAY. Should any man neglect to do so he would ORDER ON PETITION TO DELIVER have himself alone to blame if put to unexpected inconvenience when the payment be came due. BILL OF COSTS. do 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 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 To take the leading case, given as an instance omitting the words in italics. were liable. 184 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 Bills, is one to consolidate and render permanent the Law of Friendly Societies. It is obvious that the amount of property which has been dealt with under these hitherto temporary Acts renders this measure very desirable. Bristol Law Library, June 24, 1854. Ar a meeting of Members of the Profession of this City, held this day for the purpose of receiving a Deputation from the Law Union Fire and Life Insurance Company, Mr. D. Burges in the Chair, it was unanimously Another Bill has been brought in by Mr. J. G. Phillimore and Mr. Hume, to provide for the appointment of Public Prosecutors. This resolved-Bill, 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 Signed on behalf of the Meeting, 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 interests to public officers not selected by, or responsible to, them. Your Committee believe, that the interests of suitors will generally be best consulted by measures which tend to raise the character and position of the whole Profession, and then by leaving the public to select for themselves their own professional advisers. The gentlemen present at the above meeting were: James Parker, Esq., Vice-Chairman of the Law Union, and Mr. Durrant, the Solicitor, attended as a Deputation. 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 probable, therefore, that both will be passed. H. Sidney Wasbrough, Esq., Secretary of the Bristol Law Association. A Bill has been brought in to enable execution to issue in any part of the United Kingdom under a judgment obtained in any Court in England, Scotland, or Ireland. This Bill is substantially the same as one which was prepared three years ago by your Committee, and placed in the hands of Lord Lyndhurst, by whom, however, the matter was not pressed. A Bill has been brought in to amend the Laws regarding actions for Criminal Conversation, 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 has long been felt to be a disgrace to our proval of the liberal plan o judicial system. W. O. Hare, Esq., Clerk of Peace and Deputy-Sheriff. F. R. Ward, Esq., Local Director of Law Union. Alfred Brittan, Esq. 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 this number will be very considerably increased 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 my 664 provincial. There are 142 life members, questions affectin cussed otherwi and 761 annual subscribers. During the year, passion, preju including arrears, 516 subscriptions have been but the received. The total income has amounted to Kennin 5631. 168. 3d., and the expenses, including liabilities, to 4997. 10s. 1d. F. V. Jacques, Esq. n of the heir ap any by Enfranchisement of Copyholts-Crier Fr versally, because on a single manor mo nience may be felt under special circumstances w shows prejudice. Quoting the opinion of the Comme favour of the entire abolition of copyhoids. mar... keeping back the carefully prepared s port of the Commissioners made or su quently, and in which they recommend the => continuance of the tenure with commer rights, shows unfairness. The attempt to deprive the lord of a ther of the rights to which he is clearly cataek — subject to which the copyholders to property, and the extent of which the ample means of knowing, showS LETTE The petition appears to me to tears strongly on its face the character I = pressed, that I really cannot refrain from expression of my opinion; but my oven writing is not to reflect on individas point out in a plain and business-like wr that the copyholders of the Kenning ma have no just cause for complaint, aut tur in certain cases inconvenience has ser the amount required for the fine, the ne nience has arisen solely from a want ir a common sense on the part of the cow Although manors differ in the en lord's rights, he is in most manors e a fine of two years improved value. 1 death or alienation ;-if a single lu with the addition of half such a fine :: cond life, a quarter fine for a thri on, where persons are admitted a "= ants. The extent of such liability on well known to the copyholders certainable by any one treating in copyhold interests. I assume that the fines on fe manor are of two years' value, f they be or be not of that full unimportant, the extent being i remedy of the copyholder be more was asked than the lo titled to. Led, &c. ruffe Kearsey 187 ett; Josiah Towne xander Meek so, that section puts for it prohibits the any action or suit ery of the bill; and and referred for tax1 taking proceedings : first, I thought this blish the plaintiffs' gainst the separate a 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 oceeding which the institute, after the shall have been Taugh v. Waddell, [ CORREE. |