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CONTENTS OF VOLUME XLVIII.
Taxation of costs-Solicitor's certificate of proper Solicitor acting as money scrivener for clientmaster, 160
Liability for insufficiency of security, so Order on petition to deliver bill of costs, 185 Action for disobedience to order for delivery of Closing of Accountant-General's office, 188
bill of costs under 6 & 7 Vict. c. 73, 49 Transfer of causes, 227
Striking off roll— Nonpayment of money, 104 Lunacy, folios in, 299
Conducting prosecution without authority, 1041 Vacation business, 305
Bill of costs in pauper suit-Effect of dispauperCommon Law :
ing order, 123 Receiving money out of Court of Queen's Bench, Employment of solicitor by a married womanSo
Party chargeable - Lien on separate estate, 187 POINTS IN EQUITY.
Order of course to change solicitors, where spe.
cial circumstances, 324 Practice, 9, 31, 51, 81, 161, 243, 305, 325, 342,
Arrangements and regulation of offices, 373 366, 367, 390, 408, 429, 442 Voluntary and incomplete settlements, 48
Arrangement of business and plan of accounts,
313 LAW OF VENDOR AND PURCHASER. Examination, educational and property qualificaRescinding contract after default of purchaser,
tion, 359, 409, 410, 491 408
Service of four day order on non-delivery of bill, Payment into Court of pecuniary charge on es
Renewal of certificate, 446 tate, 408 Payment of interest where vendor in default, 429
Town or country certificate duty, 416 Sale under decree of lease with restriction, 429
Solicitor and client-Liability of separate estate
of married woman, 483 LAW OF EVIDENCE.
Remuneration of, 45, 133, 253, 287, 333 Extrinsic evidence of description of legatee in Proposed Legal Benevolent College, 81 will, 31
Causes of unpopularity of, 79, 267 Secondary evidence of deed, when receivable, 32
Admission of, 82, 83, 268, 287
Renewal of certificates, 83
PROCEEDINGS OF LAW SOCIETIES. Security for, 65, 80, 281, 428
Incorporated Law Society, 161, 229, 233, 303, Vendor and purchaser, 32, 50, 304, 344
325 Mortgagor and mortgagee, 223, 240, 428
Law Association, 345 And see also 8, 32, 80, 126, 225, 304, 325, 344,
Law Fire Insurance Society, 10+ 366, 408, 428, 483, 503
Law Union Insurance Company, 18+, 267
Metropolitan and Provincial Law Association, 9, NOTICES OF NEW BOOKS.
141, 162, 183, 408, 465, 493, 495 Atkinson on Sberiff Law, 278
Law Students' Debating Society, 206 Atkiuson on Shipping Laws, 159
United Law Clerks' Society, 164, 240 Bourdin on the Land Tax, 300
Yorkshire Law Society, 446
Examination questions, 10, 127
Result of, 12, 108 367
Information relating to, 51, 83, 483 Hamel's Laws of the Customs, 27
Candidates passed, 67, 186
Mutual Corresponding Society, 65
Advice to, 427
See pages 33, 66, 83, 145, 187, 223, 226, 228, Pratt on the Prize Courts, 123
247, 267, 309, 349, 391, 410, 430, 447, 469 Simmons' Warning Voice to Solicitors, 406
NOTES OF THE WEEK.
See pages 12, 34, 83, 109, 166, 229, 349, 469, 433, 434
491,503 Character of the late Lord Langdale, 349
Law promotions and appointments, 13, 34, 52, Memoir of the late Lord Denman, 453
69, 84, 109, 166, 209, 229, 248, 310, 371, 391, Recorder of Hull-Remission of punishment on 407, 411, 512 juvenile offenders, 228
Election auditors, 411, 431, 451, 491, 512 Examination at Ions of Court, 82, 346
Legal obituary, 207, 484, 504 Summer Circuits of the Judges, 144
London Commissioners to administer oaths in Barristers Called, 66, 145
Chancery, 12, 13, 146, 188, 350 New Queen's Counsel, 228
Country Commissioners to administer oaths in ATTORNEYS AND SOLICITORS.
Chancery, 68, 147, 247, 330, 431, 512
Perpetual Commissioners, 69, 147, 247, 330, Taxation of costs, 6, 223, 239, 258, 280, 304, 343, 431, 491 502
Dissolutions of professional partnerships, 68, Service of clerkship, 64, 79, 446
146, 248, 330, 431, 512
STATE OF LAW REFORM. suggestions, which we recommend to the
consideration of our readers. Ar the commencement of a New Volume,
II. COMMON Law. it will be convenient to take a brief review 1. Several important Bills in the deof the several measures before Parliament partment of Common Law are under the for the alteration or amendment of the consideration of a Select Committee of the Law; and in performing this task, we shall House of Lords. The most prominent of arrange or classify the various projects these is the Second Common Law Prounder the heads-1st. Of Equity. 2nd. cedure Bill, founded on the last Report of Common Law. 3rd. Of Conveyancing. the Common Law Commissioners. We are 4th. Of the Ecclesiastical Courts. 5th. Of not aware that there is any material objecthe County Courts.
tion to the main features of this proposed I. COURTS OF EQUITY.
amendment of the Law, by which expense
will be saved and litigation expedited. It It is remarkable that in the present Ses- is much to be regretted that the all-absorbsion, amongst the numerous Bills before ing topic of the war should thus suspend Parliament, we are not called upon to in- the progress of useful legislation in matters clude the Courts of Equity, which for the affecting the due administration of justice. last quarter of a century, at least, stood as We have no doubt that this measure, with the foremost object of popular complaint. the regulations of the Judges which might It seems that the Statutes of 1852 and follow it, would go far to restore the public 1853, with the various Orders of Court, opinion in favour of our ancient tribunals, have for the present silenced the reforming and put down that vulgar clamour with clamour; and time is allowed to digest and which they have been assailed. consider the alterations that have taken 2. Connected with this is a Bill to enable place, and test their efficacy by practical executions to be issued into any part of the experience. There is, however, one im- United Kingdom on judgments obtained in portant part of the recent changes in Equity any Court in England, Scotland, or Ireland; Procedure, which is still under the consider- and to enable process to be served in any ation of the Chancery Commissioners, part of the United Kingdom. Thus affordnamely, the mode of taking evidence. ing more effectual means than wow exist of Several questions have been issued, em- enforcing pecuniary engagements. These bodying the objections to the expense and are the measures which belong to the safe delay of vird voce examinations, and invit- and useful department of Law Reform. ing the practitioners to communicate to the 3. Next comes Lord Brougham's Bills of Commissioners their opinion on the several Exchange Bill, by which it is proposed to objections which have been stated, and to assimilate the Law of England to that of state the remedies they suggest. These Scotland, enabling the holder of a dishoquestions were published in our last Num- noured bill of exchange, after noting and ber, preceded by some observations and protesting it, to register the debt as a judg.
VOL. XLVIII. No. 1,365.
Stale of Law Reform. ment, which is to be deemed final unless with deeds of trust or other collateral in. the debtor appears and satisfies the Judge struments. that he has a good defence, and gives se- These primary and other important sugcurity for the payment of the amount if gestions, are of course to be considered by decided against him. One objection to this the Real Property Commissioners, but it measure is, that it will throw the burthen seems clear that no legislative measure can of negative proof on the defendant, instead be brought forward in the present Session. of leaving the plaintiff to establish the The probability is, that the Commissioners affirmative. It also urged that where there will not be able to make their report during is no defence to an action on a bill of the present Session, and if they should exchange, the holder may, according to the complete it before the next Session it will present Law, obtain final judgment in eight be quite as much as can be reasonably exdays, and may issue execution in sixteen pected. The last Real Property Commisdays. Further, it is objected, that to com- sioners were occupied about three years in pel every party to a bill of exchange to find taking evidence, considering the subject, bail or submit to an execution because the and preparing their report. Let it be reacceptor has failed in discharging his obli- collected that there is no question before gation, will be an unjust and intolerable the Public or the Profession of such maghardship, and must largely diminish the nitude, difficulty, and importance, as the facilities now afforded in commercial busi- alteration contemplated in our ancient, abness by these negotiable securities. struse, and complicated system of Real Pro
4. Another Bill of Lord Brougham, also perty Law; and therefore, we earnestly before a Select Committee of Peers, is the trust, that there may be no haste in conArbitration Bill, in regard to which it may sidering all the various suggestions which be observed, that in the Common Law Pro- have been made, in weighing all the argucedure Bill, provision is made for compelling ments carefully, and coming to as safe a the parties to refer matters of account to conclusion as the nature of the subject will arbitrators at an early stage of the pro- permit. In the meantime the solicitors, ceedings, thereby preventing the delay and especially those practising in the country, expense which now take place where either should continue their attention to the several party rejects the offer of a reference. plans which have been recommended for
5. The Declaratory Suits Bill of Lord effecting a registration either of titles or of Brougham can scarcely be objected to by deeds. the Profession. Its effect would be to ren- 2. The call for this branch of reform is der more efficacious, suits for the perpetua- chiefly occasioned by the amount of contion of testimony and the settlement of antici- veyancing charges, often much exaggerated, pated claims, now rarely, if ever the subject and which it seems impracticable materially of Bills quia timet. Perhaps, after all, the to reduce, so long as the present rigid rules proposed new Statute may be as little re- of taxation prevail
. This brings us to the sorted to as the old,- for remote events, consideration of Lord Brougham's revised distant contingencies, and doubtful ques- Bill for empowering, and indeed requiring tions, rarely excite men to action at the peril the Taxing Masters to consider not merely of considerable costs and doubtful success. the length of a deed or instrument, but the III. LAW OF PROPERTY AND CON
skill and labour employed and the responsi
bility incurred in the transaction. VEYANCING.
This proposition was some years ago 1. Our readers are probably aware, that strongly resisted, and the Taxing Masters by almost common consent, the former pro- were, we believe, of opinion that the alteraject of registering all deeds and instruments tion was impracticable. It was, however, acrelating to land, has been abandoned in companied by an attempt to fashion all deeds favour of a plan for registering titles, and upon one model, and to give a parliamentary that along with the Act for such registra- signification to words and phrases incontion, there should be an alteration of the sistent with, and often opposed to, their Law of Real Property, whereby the absolute ordinary signification. So that, apart from legal estate should be vested in the owner all professional objections to the plan, the or trustees, and that such legal estate public would have been unable to undershould alone be registered, leaving the stand their short-form leases or conveyances parties beneficially interested to protect without constant reference to the Act of "themselves by entering caveats or "inhibi- Parliament which defined their hidden tions," "without incumbering the register meaning. Now, however, it appears that State of Law Reform. the draftsman will be at liberty to prepare IV. TESTAMENTARY JURISDICTION OF his deeds and documents in plain and intel- THE ECCLESIASTICAL Courts. ligible English, in order that "those whorun may read," but he cannot be reinunerated
The Bill for transferring the Testamentary for multiplying words, or providing with Jurisdiction of the Ecclesiastical Courts to superabundant caution for possible misin- the Court of Chancery has passed the House terpretations or ingenious misconstructions of Lords, but at present remains suspended of language. His reward will depend on in the House of Commons. As the Solicitorthe sound legal knowledge and scientific General, it is understood, is strongly in favour accuracy displayed in his compositions, and of the measure, it may be presumed that he in the concise and clear expression of the is controlled by the Government, and preintention of the parties, and the exclusion vented from pressing it forward. It must of all after doubts and difficulties. As,
be admitted that although the Court of however, he is to be responsible for the Chancery, from the extensive improvements sufficiency of his skill and labour, the which have been effected in its procedure, extent of that responsibility should be esti: stands before the public in a more favourmated in the payment awarded for the work able position than formerly, it is not yet so performed. For, it must be recollected, popular as to give it the preference over all that whilst the solicitor adhered to esta- other Courts as the successor of Doctors' blished forms of conveyance and adopted a
Commons. Many would have supported settled language to which the test of ages hesitate in adding the business to the Court
a new and distinct Probate Court, who had been applied, he ran no risk, beyond the failure of his judgment in selecting the of Chancery.. Yet it must be admitted, proper forms applicable to the transaction, that as in Chancery the construction of Upon the whole, taking one
wills is for the most part decided, the seveanother, he was adequately paid by a fixed ral Judges of that Court are eminently rate on the length of the papers. Now, qualified to deal also with the grant of howerer, he is required to incur the re- probates and administrations. sponsibility, as well as the labour, of
The main difficulty, however, in effecting abridging the old settled forms, and skil- the change, consists in the necessity of fully manufacturing new instruments, the giving a fair and just compensation to the legal sufficiency of which may not be as- advocates and proctors of the Ecclesiastical certained for years to come.
Courts. The officers, strictly so called, rules of taxation consequently require to be whether sinecurists, or performing valuable very carefully considered before they are duties, are to be compensated for the loss adopted, in order to provide for the contin of office ; but the practitioners are offered gencies that may arise in the various and only a limited exclusive practice in the New complicated transactions in which solicitors Court, which is grossly inadequate to satisfy are engaged. ign
their claims. This is the great difficulty to 3. On the subject of the Registration of be overcome, and we cannot at present see Legal Instruments, our readers are aware that how it can be effected. under recent Statutes warrants of attorney
the solicitors who (with their brethren in and the orders of Judges are required to be general), would be benefited hereafter by entered in the proper office, and the omis being entitled to practise in testamentary sion of such registration renders them matters, proposed, we understand, to petiinvalid. Many frauds having been
tion the Legislature for a full compensation
perpetrated, or unjust preferences given, under to the proctors, on the practice being thrown assignments or bills of sale of property, it open forthwith ; but the proctors object has been proposed that such assignments to this course, and a considerable number should be registered in the same manner as
petition in Warrants of attorney. A Bill for effecting favour of continuing the testamentary juthis object has passed the House of Lords, risdiction in the same hands, subject to and is now in a Committee of the House of such improvement of the practice and Commons.1
course of proceeding as might be deemed expedient.
Thus the matter stands, and according DE: The projected Joint-Stock Trust Company, to present appearances, it is not improbable to which we have of late often adverted, should that the Bill will be postponed till another not pass unnoticed in this Summary of Profes- Session, unless the advocates and proctors sional Measures. We shall continue to give can agree with the Government on some the earliest information on the subject.
modification of the scheme that may be sa
State of Law Reform.-Conveyance of Real Property Amendment Bill. tisfactory to Doctors' Commons and just to On all these measures, and whatever the public.
concerns the just interests of our brethren, V. COUNTY COURTS.
we invite the communications of our readers, The only Bill at present before Parliament
in order that we may fully understand their
views and promote their objects. relating to the County Courts, is that of Lord Brougham, for extending the right of appeal given by the 13 & 14 Vict. c. 61, s. CONVEYANCE OF REAL PROPERTY 14, to the cases in which jurisdiction is
AMENDMENT BILL. given by the 17th section under the agreement of the parties where the subject- TAXING COSTS FOR SKILL AND LABOUR. matter exceeds 501. Usually there has been an annual struggle
Tuis Bill was introduced by Lord to extend the jurisdiction of the County Brougham on the 10th April, and has Courts, step by step, until it appeared, they just been printed. It proposes to amend would fall little short of “ Courts in the first and extend certain of the provisions of an instance” in all common law actions, leav- Act made in the 8th and 9th years of her ing for the most part the Courts at West- present Majesty, intituled “ An Act to faminster to sit on appeals. These ambitious cilitate the Conveyance of Real Property.” projects have been for the present suspended
The preamble recites that by the 8 & 9 by the Commission to inquire into the Juris- Vict. c. 119, “ An Act to facilitate the diction and Practice of the County Courts. Conveyance of Real Property,” it was The Commissioners are actively engaged in among other things enacted, that in taxing collecting evidence, and by the next session any bill of costs for preparing and executof Parliament it may be hoped that suf- ing any, derd under that Act the taxing ficient materials will be obtained finally to officer should, in estimating the sum proper settle the jurisdiction of these Small Debt to be charged, consider, not the length Courts within proper limits, and to improve thereof, but only the skill and labour emtheir practice. At present the suitors pay ployed and responsibility incurred in the for these “cheap” Courts about the same preparation thereof. It being deemed exas the cost of the Court of Chancery, viz., pedient to extend the same provision to the upwards of 200,0001. a year.
case of all deeds, wills, and instruments, it
is proposed to enact as follows:There are some other topics which we
1. In taxing any bill of costs for premust for the present defer. Parliamentary paring or executing or preparing and exeReform, which included a partial repre- cuting any deed, will, or other instrument sentation of the Profession, having been in writing, it shall be lawful for the taxing deferred sine die, we need not at present officer and he is hereby required, in estiadvert to it; but must acknowledge that, mating the proper sum to be charged for so far as we have heard, the various Law such transaction, to consider, not the length Societies have not evinced much interest in of such deed, will, or other instrument, but the suggestions laid before them. When only the skill and labour employed and the the proper time arrives, we shall again call responsibility incurred in the preparation the attention of our readers to the subject.
thereof. We reserve for a separate Article the
2. This Act shall not extend to Scotland. proposed improvements as well in general
3. This Act may be repealed, altered, as Legal Education. Some delay has oc- or amended during the present Session of curred in issuing the Commission of Inquiry Parliament. into the state of the Inns of Court. We presume, it will also extend to the Inns of
On the introduction of this measure the Chancery. The lesser as well as the greater following debate took place, as reported in Inns, or” ancient and honourable Societies”. The Times :for the study and practice of the Law, will have to put their houses in order for the
Lord Brougham, in laying upon the table a good of the Profession at large.
Bill for the amendment of the conveyance of In the department of Criminal Law, a some of the proceedings, especially with refer
real property said, its object was to simplify measure is proposed that may affect ourence to the taxing of costs. He thought that provincial brethren, namely, the appoint- it was necessary that the learning and skill of ment of a public prosecutor. The duties the persons engaged in drawing the necessary and powers of such an officer require to be deeds should be taken into consideration rather carefully considered.
than that the iaxing master should be guided