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Conveyance of Real Property Amendment Bill.-The Annual Chancery Account.

be an unspeakable advantage.

entirely by the length of the documents. It to determine questions of this nature it would was a subject upon which he had bestowed 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 Campbell said, if the Bill of the noble and learned lord tended to shorten the numerous 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.

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 master, but what he wanted was, that that officer's attention should be called to the skill 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.

The particulars of this stock are as follow:

Stock purchased with Suitors' cash

Ditto with surplus Interest thereof

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Ditto with surplus fees levied on the Suitors

Stock purchased with moneys arising from Sale of Six Clerks Office

The results of the Accountant-General's Account for 1853, are as follow:

Income.

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£ 8. d.

Interest of Stock carried to Suitors' Fund

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Ditto

Fee Fund

Fees levied on Suitors.

Balance on Suitors' Fund Account

Ditto

Fee Fund

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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, "În 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. "I shall make the common order, reserving 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.

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Section 38 enacts, that "where any person, not the party chargeable with any such inbefore contained, shall be liable to pay, or bill within the meaning of the provisions hereshall 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 assig nee, 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, cutor, administrator, or assignee of such attor to or by such attorney or solicitor, or the exeney or solicitor, by or to the party making such application, having regard to the visions herein contained relative to applications for the like purpose by the party chargeable

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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 Statute and Orders, unless they stand forth, as "faultless monsters" of legal acuteness and perfection which hitherto has never been seen in Westminster Hall, even after a like incubation of 20 years.

The Author's Preface gives a concise review of the tardy progress and frequent postponement of the several measures in Parliament which preceded the Act of last Session. He says

"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 pre- 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 inbooks will contain an abundant crop of duced an approbation of evil if it were old, and

debt of gratitude from the country.'

Review: Francis' Law of Charities.-Law of Costs.

of corruption if it were of gradual and consti- | Appointment;-Responsibilities and relatutional growth. tion to Schoolmasters and other Officers; Leases by Trustees. 4. Revenue of Charities; Surplus Income; Marshalling Assets, &c.

Those interested in the history of this Act, and of the Charities which are its subject, may refer to an article in the Edinburgh Review of April, 1846 (vol. lxxxiii. p. 475), attributed to Mr. Senior, and an interesting chapter in a work recently published on Public Education by Sir James Kay Shuttleworth, and to the Speech and Letter of Lord Brougham already referred to.

"There will be also found in the general and particular Reports of the former Charity Commissioners, and in the Digest of their Reports, and in the General Charities and Summaries,' an immense amount of valuable in

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formation on the subject. Some of the results of their calculations will be found in a later page of this work.

LAW OF COSTS.

OF EXECUTOR IN ADMINISTRATION SUIT.

THE Costs of an administration suit were

given to the defendant, an executor, notwithstanding he had made certain investments which had been declared to be improper, and was charged with the consequences. Tebbs v. Carpenter, 1 Madd. 290, was cited. Knott v. Cottee, 16 Beav. 77.

WHERE CLAIM FAILS.

It has been attempted to make this book a practical and useful one; and for this purpose OPPOSING PROOF OF DEBT IN CHAMBERS, all the Statutes which are in force and which explain the Law of Charities and their Trusts, as established by the important Act of 1853, will be found here. A collection of cases has been also made in the hope that they will afford some assistance to those seeking the principles which must still, in a great measure, guide the management of Charities and administration of the funds."

The Author gives-1st, An Introductory Chapter; 2nd, An Analysis of the Provisions of the Charitable Trusts Act, 1853; and then treats-3rd, Of the Jurisdiction of the Courts and Legal Proceedings there. in; 4th, Of the Treasurer of Public Charities and Official Trustee; 5th, Of the framing and certifying Schemes and carrying them out; 6th, Of exempted Charities, endowed, voluntary, and mixed.

This was a motion by the executors for the payment by a person, claiming to be a creditor, of the costs to which they had been put in opposing his claim on the estate of their testator, before the chief clerk.

"This is

The Vice-Chancellor Stuart said, a very important question. There is some justice in the observation, that it has hitherto not been the practice to make a creditor, going into the Master's Office to prove his debt, pay the costs of the attempt when unsuccessful. Under the old practice, however, the costs,

generally speaking, could not be considerable, because the Master had no power to examine witnesses vivá voce.

"Recently, the Legislature has thought fit to The Act 16 & 17 Vict. c. 137, is then give power to the Judge's clerk, that is, to the given verbatim, with notes on several of Judge himself at Chambers, to take evidence. the sections. Next follow the Regulations It is said, however, that the costs in question and Instructions concerning Applications to are not the costs of litigation; and that the the Board, and Forms of Application, &c. creditor was prevented, by the order of this The Orders for regulating Proceedings by Court, from proceeding in a Court of Law, and before the Judges of the County Courts come next; and then the General which was the proper tribunal, to establish his Orders and Rules of the Court of Chancery. claim. The injunction was granted, because a The Appendix contains the Statutes re- Court of Law was not the proper tribunal, inlating to Mortmain and Charitable Uses, asmuch as, when an administration suit is inand other Statutes regulating Charitable stituted, this Court, by its own proper jurisUses and Trusts, and the Administration diction, administers the assets in payment of of Charities; Statistics of Charities, Forms debts or otherwise. Until the recent improveof Schemes, &c. ment in the practice, it was the duty of the Master to report on the debts; but when

To which is added a Digest of Cases, arranged under the following heads:-1. What are valid Gifts to Charities-the questions of difficulty arose, which not unMortmain Acts;-Intention and objects of Gifts, how carried out ;-Doctrine of cy près;-Schemes. 2. Jurisdiction of Courts over Charities and Trustees ;-Visitors; Costs, &c. 3. Trustees, their Duties ;

frequently happened, the Master having no means of settling the question, it was sent for adjudication before a jury, and the costs would in that case abide the result of the action at law.

Law of Costs.-Points in Equity Practice -Metro. & Provincial Law Association.

9

TION CLAIM AMONG PARTIES ON AFFI-
DAVIT.

"To cure that infirmity, and to save expense | APPORTIONMENT OF FUND IN ADMINISTRAand delay, the Legislature authorised the Judges, by their clerks, to take the evidence of witnesses, in order to rebut the claims preferred at Chambers by creditors. In the present case, evidence was entered into, to contest the claim of Mr. Stanway upon the assets; expenses were incurred in Chambers in determining the question, which were greatly increased by the necessity of entering into evidence, in order to disprove the alleged debt. The creditor upon the evidence failed to prove his debt. Who then is to pay the costs of that inquiry? I think, if I were to allow the assets in course of

At the hearing of a claim by the surviving executor to administer his testator's estate, a reference was directed to the Master to ascertain the parties beneficially interested, and he reported that the fund was divisible in equal shares among 16 persons. An apportionment was ordered to be made on the affidavit of the plaintiff, the testator's representative. Bear v. Smith, 5 De G. & S. 92, was cited. Roberts Collett, 1 Smale & G. 138.

administration to be diminished by the costs of METROPOLITAN AND PROVINCIAL

LAW ASSOCIATION.

THE Annual General Meeting of this As

resisting this unfounded claim, I should be guilty of injustice towards those who are entitled to the property of the testator. I shall, therefore, direct the costs of the executors in-sociation was held on Wednesday, the 19th of curred in resisting the claim, which the result has proved to be an unfounded claim, to be taxed and paid by the alleged creditor.

a

"It is said, I have no jurisdiction to make such a order, inasmuch as the creditor is not a party to the suit. I think he made himself party by embarking in this litigation. If I have not the power to make him pay costs where he has put the estate to great expense by an improper claim, there would be a failure of justice, and if he had proved his debt, he would have been entitled to costs. In my opinion I have the power and the means of enforcing the order." Hatch v. Searles, 2 Smale, & G. 147.

POINTS IN EQUITY PRACTICE.

TAKING PLEA OFF FILE, WHERE CONSENT
GIVEN FOR FURTHER TIME TO ANSWER
ONLY.

April at the Offices, 8, Bedford Row. E. S.
Bailey, Esq., in the Chair.

The Annual Report of the Committee of
Management was read by the Secretary, Mr.
W. Shaen, after which the following resolu-
tions were adopted :-

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Resolved,-1. That the Report of the Committee of Management be received and adopted, and that it be printed and circulated under the direction of the Committee.

2. That the cordial thanks of the Association be presented to the Committee of Management for their labours during the past year.

3. That the following Members of the Association be elected Members of the Committee of Management for the ensuing year:Chairman. Mr. E. S. Bailey. Deputy Chairmen.

Mr. T. H. Bower.

Mr. J. Sangster.

Metropolitan Solicitors.

Ar the expiration of three weeks' time, which had been obtained "to plead, answer, Mr. R. B. Armstrong. Mr. G. Faulkner.

or demur, not demurring alone," the plaintiff's solicitors endorsed a consent on a warrant, asking for six weeks, for 14 days' further time "to answer." The order was, however, drawn up for 14 days to plead, answer, or demur, not demurring alone," and the defendant put in a plea of the plaintiff's insolvency; it was taken off the file with costs, and the order for time was varied by confining it to the leave to answer only. Brooks v. Purton, 1 Y. & C., Ch., 278, and Chambers v. Howell, 12 Beav. 563, were cited. Newman v. White, 16 Beav. 4.

Keith Barnes.
James Beaumont.
William Bell.
E. Benham.
George Bower.
James Burchell.
E. F. Burton.
Edward Chester.
Henry C. Chilton.
W. S. Cookson.
`F. N. Devey.
Charles Druce.

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E. W. Field.
Harvey Gem.
J. S. Gregory.
Henry Karslake.
T. Kennedy.
H. Lake.

Edwd. Lawrance.

C. J. Palmer.

W. H. Palmer.
J. J. J. Sudlow,
John Young.

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