Conveyance of Real Property Amendment Bill.-The Annual Chancery Account. 5 entirely by the length of the documents. It to determine questions of this nature it would was a subject upon which he had bestowed be an unspeakable advantage. much time and attention, and he had no doubt that the change which he proposed would be effective. He believed that the taxing masters who originally had an objection to the measure, had entirely changed their opinions and now looked upon it with great favour. Lord Brougham quite agreed with his noble and learned friend, that the subject was a difficult one, and that the attempt to establish any fixed criterion would be liable to great objection; he was aware that the matter must be left more or less in the discretion of the taxing Lord Campbell said, if the Bill of the noble master, but what he wanted was, that that and learned lord tended to shorten the nu-officer's attention should be called to the skill merous documents connected with the conveyance of real property, it would confer one of the greatest benefits that had ever been conferred upon the public, for it was mainly from the length of its proceedings that so much reproach had been cast upon the administration of the law. Still, he thought the difficulty of the subject was very great, for it would be impossible to lay down any certain criterion as to the skill and learning of the parties engaged in drawing deeds with a view to fixing a scale of remuneration. He thought if there were a high officer vested with sound discretion, who was THE ANNUAL CHANCERY AC COUNT. SUITORS' FUND AND FEE FUND. and learning of the drawer of the deeds, as well as to the length of the documents themselves, with respect to apportioning the remuneration. The Lord Chancellor said, he should offer no opposition to the Bill of the noble and learned lord being laid upon the table, but he must express some doubt as to whether it would effect the object intended. The great difficulty would be to determine the relative amount of the skill and ability displayed in each particular instance, and it would be a very delicate matter to express any judgment upon such a question. respectively, and to show that there are ample means to defray the expense of the proposed New Courts and Offices. The following items will show the amount WE were recently enabled to place before of stock purchased with the suitors' cash, our readers an early abstract of the Annual not directed to be invested and therefore Account of the Accountant-General of the bearing no interest to which the suitors are Court of Chancery, and we now propose to entitled; and also stock purchased with the give a summary of its contents, particularly interest or dividends arising from such inin reference to the Pensions and Compen- vestments. The total, with surplus fees, sations which are charged on these Funds &c., exceeds four millions. 3,882,558 16 1 201,028 2 3 1,517 9 5 Ditto with surplus fees levied on the Suitors Stock purchased with moneys arising from Sale of Six Clerks Office £4,085,104 7 9 The results of the Accountant-General's Account for 1853, are as follow: 1 Fee Fund 5,593 7 8 2,250 0 0 6,605 5 9 48,370 4 1 5,127 9 10 9,545 13 311 5 4 £230,128 16 This sum includes nearly 7,000l. for Judges' salaries, which this year will be paid out of the Consolidated Fund. The Annual Chancery Account.-Law of Attorneys and Solicitors. The compensations paid out of the Suitors' this Court and in the Ecclesiastical Court, Fund 6,6057. 58. 9d., and 48,3701 48. 1d. in which Mr. Straford acted as solicitor. out of the Fee Fund, amounting to 54,975l., In March, 1852, he delivered to his coand the salaries of the Masters and their executor six bills of costs, of which the clerks, amounting to about 30,0007., which fourth had reference to an indictment for will cease on their deaths, will most pro- perjury. Upon a special petition by the bably at the expiration of 19 years have di-party interested in remainder for a taxation, minished to at least one-half their present an objection was taken that the order amount. It has therefore been suggested, should have been obtained as of course, as a safe financial operation, that the under the 6 & 7 Vict. c. 73, and not by 1,291,000l. stock purchased with surplus special petition. The Master of the Rolls interest, and to which the individual suitors said, "In this case no common order could have no claim, and now yielding an income have been granted. The case falls within of about 38,000l. per annum, might be the 39th section, and not under the third thus dealt with :-Purchase a Government party or 38th section. annuity of 38,000l. per annum diminishing "The Court, under the 39th section, is 2,000 annually and terminating in 19 to order a taxation, with such directions years, to meet the compensations which and subject to such conditions,' as the may be fairly estimated annually to dimi- Court shall think fit, and must take into nish by this amount. A balance would consideration the extent and nature of the thus be left applicable to the building of interest of the party making the application.' the proposed Courts of Justice. A similar financial operation might be effected with respect to the 201.0001. stock purchased with surplus fees levied on the suitors, which is now liable to make good any deficiency in the Suitors' Fee Fund, but the liability imposed on this fund should then be transferred to the Consolidated Fund by a provision similar to the 2nd section of 4 & 5 Wm. 4, c. 68, or the 4th section of 11 & 12 Vict. c. 77. An additional source of income will for the future be created by the carrying over under the authority of the 1st section of the Suitors' Further Relief Act to the credit of the Suitors' Fee Fund the further income of any stock in Court remaining on accounts not dealt with for 15 years. What this amount of income will be cannot be estimated with precision, but we believe it cannot be less than 7,000l. per annum, for it appears by a return to Parliament in 1850 that the amount of stock then re maining on accounts not dealt with for 10 years and upwards was no less than 314,5431. "I shall make the common order, reserving the costs." In re Straford, 16 Beav. 27. the with Section 38 enacts, that "where any perbill within the meaning of the provisions hereson, not the party chargeable with any such inbefore contained, shall be liable to pay, or shall have paid, such bill, either to the attorney or solicitor, his executor, administrator, or assignee, or to the party chargeable with such bill as aforesaid, it shall be lawful for such person, his executor, administrator, or assignee, to make such application for a reference for the taxation and settlement of such bill as make; and the same reference and order shall party chargeable therewith might himself be made thereupon, and the same course pursued in all respects as if such application was made by the party so chargeable with such bill as aforesaid." And s. 39, that "it shall be lawful, in any case in which a trustee, executor, or administrator has become chargeable High Chancellor, or the Master of the Rolls, any such bill as aforesaid, for the Lord if in his discretion he shall think fit, upon the application of a party interested in the property out of which such trustee, executor, or administrator may have paid, or be entitled to pay,. such bill, to refer the same, such attorney's or solicitor's, or executor's, administrator's, or assignee's demand thereupon, to be taxed and settled by the proper officer of the High Court of Chancery, with such directions, and subject to such conditions, as such Judge shall think fit, and to make such order as such Judge shall think fit, for the payment of what may be found due, and of the costs of such reference, It appeared that under a testator's will, cutor, administrator, or assignee of such attor to or by such attorney or solicitor, or the exeMr. Straford, a solicitor, was appointed one ney or solicitor, by or to the party making of the executors and also one of the trus- such application, having regard to the tees, and that considerable litigation had visions herein contained relative to applications taken place in respect of the property in for the like purpose by the party chargeable LAW OF ATTORNEYS AND SO- TAXATION OF BILL OF COSTS OF EXE- order. pro with such bill, so far as the same shall be ap-doubts and difficulties on the new Statute plicable to such cases; and in exercising such and Orders, unless they stand forth, as discretion as aforesaid, the said Judge may "faultless monsters take into consideration the extent and nature and perfection which hitherto has never of legal acuteness of the interest of the party making the appli. been seen in Westminster Hall, even after a like incubation of 20 years. cation." NOTICES OF NEW BOOKS. The Author's Preface gives a concise review of the tardy progress and frequent postponement of the several measures in The Law of Charities: comprising the Cha-Parliament which preceded the Act of last ritable Trusts' Act, 1853; with Expla-Session. He saysnatory Notes, Rules and Instructions for application to the Board of Charity Commissioners; the Orders regulating the Practice, in Chancery, in the County Courts, and District Courts of Bankruptcy, and Forms, Tables of Costs, &c., Precedents of Schemes for the Management of Schools and other Charities; and all the Statutes relating to Charitable Gifts and Trusts, with a Digest of Cases. By PHILIP FRANCIS, Esq., of the Middle Temple, Barrister-at-Law. London: Crockford, Essex Street. 1854. Pp. 255, xxxvi. "In 1816 Lord Brougham commenced an attempt to induce the Legislature to take the necessary steps to prevent the abuse of Charities, and to protect the property belonging to them. And in 1854, we find an efficient Act having House of Commons an eminent statesman, rethis object in operation. On its passing the ferring to these dates, stated that the interval was about the usual period required between the suggestion of an important reformatory measure and its becoming the law of the land. Be this so or not, it is to be hoped that this enactment, which, in arriving at maturity, consumed so much time and labour, and which now in its working engages so much talent and legal knowledge, will be found practically effective. "When the Charitable Trusts' Bill was be On the passing of an important Statute altering materially the existing Law, or the Practice of the Courts, there are two classes of books usually compiled by different fore the Committee in the House of Commons gentlemen learned in the Law:-the one on 26th March, 1852, Sir Frederick Thesiger, forthwith to present the writer's own tion of its scope and object: he said that he then Attorney-General, offered some explanaversion of the change effected, without felt bound to state that the whole origin and waiting for the result of the practical merit of this important measure was due to the working of the measure; the other class late Government. Those who had turned their more carefully prepared, after the lapse of attention to this question,-who knew the ura sufficient period, and comprising the gent necessity of a measure of the kind,-who judicial construction which has been put on were aware of the vast importance of the subvarious parts of the Statute. Both kinds ject and the large amount of property that was of publications possess their advantages: that had taken place at a vast expense to the to be affected by it,-who knew the inquiries the one immediately, the other more per- country year after year-the experiments that manently. It is convenient to the practi- had been made in legislation and the failures tioner, busily engaged in his Profession, to that had accompanied them-must feel that possess an edition of the new Act, well those who had been able to frame a measure analysed and arranged, with the rules and which would accomplish the benefits they be regulations made by the Court, and accom-lieve it was so desirable to attain, and avoid all panied by a good index. References to the the objections that had been urged against for former state of the Law, and clear indica-mer measures, certainly were entitled to a large tions of the alterations made or intended, "Some of these 'experiments in legislation' are of course highly useful. were made by Lord Lyndhurst in 1844, 1845, Mr. Francis has selected a somewhat and 1846, and by Lord Cottenham in 1847, middle course. The Act passed last 1848, and 1849; but until 1852 the attempts August, and he has waited, not only for were ineffectual, and all the Bills introduced the rules and regulations of the Commis- were dropped at some stage of their progress. sioners, but for the Orders of Court In all the debates on the subject which took seribing the course of proceeding as well in place there was, however, exhibited an anxiety the County Courts as in the Court of of Charities should be avoided; and the printhat unnecessary interference with the managers Chancery. And he has supplied a concise ciple of efficient visitation to all Charities was Digest of Decisions on the former Statutes approved by all, save one or two individuals relating to Charities. In due time the whose persistent habits of mind naturally in-l books will contain an abundant crop of duced an approbation of evil if it were old, and pre debt of gratitude from the country.' The Annual Chancery Account.-Law of Attorneys and Solicitors. The compensations paid out of the Suitors' this Court and in the Ecclesiastical Court, Fund 6,6057. 58. 9d., and 48,3701 4s. 1d. in which Mr. Straford acted as solicitor. out of the Fee Fund, amounting to 54,975l., In March, 1852, he delivered to his coand the salaries of the Masters and their executor six bills of costs, of which the clerks, amounting to about 30,000l., which fourth had reference to an indictment for will cease on their deaths, will most pro- perjury. Upon a special petition by the bably at the expiration of 19 years have di- party interested in remainder for a taxation, that the order minished to at least one-half their present an objection was taken amount. It has therefore been suggested, should have been obtained as of course, as a safe financial operation, that the under the 6 & 7 Vict. c. 73, and not by 1,291,000l. stock purchased with surplus special petition. The Master of the Rolls interest, and to which the individual suitors said, "In this case no common order could have no claim, and now yielding an income have been granted. The case falls within of about 38,000l. per annum, might be the 39th section, and not under the third thus dealt with :-Purchase a Government party or 38th section. annuity of 38,000l. per annum diminishing "The Court, under the 39th section, is 2,000l. annually and terminating in 19 to order a taxation, with such directions years, to meet the compensations which and subject to such conditions,' as the may be fairly estimated annually to dimi- Court shall think fit, and must take into nish by this amount. A balance would consideration the extent and nature of the thus be left applicable to the building of interest of the party making the application.' "I shall make the common order, rethe proposed Courts of Justice. serving the costs." In re Straford, 16 Beav. 27. A similar financial operation might be effected with respect to the 201.000l. stock purchased with surplus fees levied on the suitors, which is now liable to make good any deficiency in the Suitors' Fee Fund, but the liability imposed on this fund should then be transferred to the Consolidated Fund by a provision similar to the 2nd section of 4 & 5 Wm. 4, c. 68, or the 4th section of 11 & 12 Vict. c. 77. An additional source of income will for the future be created by the carrying over under the authority of the 1st section of the Suitors' Further Relief Act to the credit of the Suitors' Fee Fund the further income of any stock in Court remaining on accounts not dealt with for 15 years. What this amount of income will be cannot be estimated with precision, but we believe it cannot be less than 7,000l. per annum, for it appears by a return to Parliament in 1850 that the amount of stock then re maining on accounts not dealt with for 10 years and upwards was no less than 314,5431. LAW OF ATTORNEYS AND SO- TAXATION OF BILL OF COSTS OF EXE- ORDER. Ir appeared that under a testator's will, cutor, admini The Law of Charities: comprising the Charitable Trusts' Act, 1853; with Explanatory Notes, Rules and Instructions for application to the Board of Charity Commissioners; the Orders regulating the Practice, in Chancery, in the County Courts, and District Courts of Bankruptcy, and Forms, Tables of Costs, &c., Precedents of Schemes for the Management of Schools and other Charities; and all the Statutes relating to Charitable Gifts and Trusts, with a Digest of Cases. By PHILIP FRANCIS, Esq., of the Middle Temple, Barrister-at-Law. London: Crockford, Essex Street. 1854. Pp. 255, xxxvi. doubts and difficulties on the new Star- The Author's Preface gives a QUICH view of the tardy progress a s postponement of the severa PASURE Parliament which precedes the Acc Session. He says "In 1816 Lord Brougham COMECRES attempt to induce the Legature are cessary steps to prevent the use a and to protect the propers any And in 1854, we fiuc at efort at this object in operation ferring to these dates, staler to te House of Commons at et am: 1. was about the usua per the suggestion of a measure and its becoming Be this so of I, I enactment, with it ang 2 sumed so much time at Kur now in its wrong eugde and legal knowetgew effective. "When the Cuartaue 1 L fore the Comment on 26th Marer, less or rower On the passing of an important Statute altering materially the existing Law, or the Practice of the Courts, there are two classes of books usually compiled by different gentlemen learned in the Law:-the one forthwith to present the writer's own version of the change effected, without waiting for the result of the practical merit of this important to working of the measure; the other class late Government Tawas more carefully prepared, after the lapse of a sufficient period, and comprising the judicial construction which has been put on were aware of the atmos various parts of the Statute. Both kinds ject and the large amount of y of pub sess their advantages: that had taken plasate to be affected by its the o he other more per- country year der er mar ient to the practi- had been made in his Profession, to that had accompetit he new Act, well those who had been ally with the rules and which would accou Court, and accom-lieve it was so domalies References to the the objection ther |