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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 Lord Brougham quite agreed with his noble that the change which he proposed would be and learned friend, that the subject was a diffieffective. He believed that the taxing masters cult one, and that the attempt to establish any who originally had an objection to the measure, fixed criterion would be liable to great objechad entirely changed their opinions and now tion ; he was aware that the matter must be left looked opon it with great favour.
inore 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'e attention should be called to the skill merous documents connected with the convey- and learning of the drawer of the deeds, as well ance of real property, it would confer one of as to the length of the documents themselves, the greatest benefits that had ever been con- with respect to apportioning the remuneration. ferred upon the public, for it was mainly from The Lord Chancellor said, he should offer the length of its proceedings that so much re- no opposition to the Bill of the noble and proach had been cast upon the administration learned lord being laid upon the table, but he of the law. Still, he thought the difficulty of must express some doubt as to whether it the subject was very great, for it would be im- would effect the object intended. The great. possible to lay down any certain criterion as to difficulty would be to determine the relative the skill and learning of the parties engaged in amount of the skill and ability displayed in drawing deeds with a view to fixing a scale of each particular instance, and it would be a very remuneration. He thought if there were a high delicate matter to express any judgment upon officer rested with sound discretion, who was such a question. THE ANNUAL CHANCERY AC- respectively, and to show that there are COUST.
ample means to defray the expense of the
proposed New Courts and Offices. SCITORS' FUND AND FEE FUND. 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
2,590,927 18 6 Ditto with surplus Interest thereof
1,291,630 17 7
3,882,558 16 1 Ditto with surplus fees levied on the Suitors
201,028 2 3 Stock purchased with moneys arising from Sale of Six Clerks Office
1,517 9 5
£4,085,104 7 9 The results of the Accountant-Generals Account for 1853, are as follow :-Income.
$. d. Interest of Stock carried to Suitors' Fund
66,997 7 Fee Fund
61,007 Pees levied on Suitor's .
104,794 Balance on Suitors' Fand Account
17,745 8 Ditto Fee Fand
£267,414 15 9 Expenditure.
£ s. d. Salaries paid out of Suitors' Fund
44,804 10 11 Fee Fund
107,520 19 4 Pensions paid out of Suitors' Fund
5,593 7 8 Fee Fund
2,250 00 Compensations paid out of Saitors' Fand
6,605 5 9 Ditto Fee Fund
48,370 4 Expenses of "Court and Oficers out of Suitors’ Fund
5,127 9 10 Ditto Fee Fund
9,545 13 0 Sundries paid out of Saitors’ Fund
311 Excess of Income beyond Expenditure £37,283 19 4
£230,128 16 'This sụm 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 16,6057. 58. 9d., and 48,3701 4s. Id. in which Mr. Straford acted as solicitor. out of the Fee Fund, amounting to 54,9751., 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 30,0001., 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 1,291,0001. stock purchased with surplus special petition. The Master of the Rolls interest, and tv 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 38,0001. per annum, might be the 39th section, and not under the third thus dealt with :-Purchase a Government party or 38th section. annuity of 38,0001. per annum diminishing “The Court, under the 39th section, is 2,0001. annually and terminating in g 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, reA similar, financial operation might be serving the costs.” In re Straford, 16 effected with respect to the 201.0001. stock Beav. 27. purchased with surplus fees levied on the suitors, which is now liable to make good
Section 38 enacts, that “where any perany deficiency in the Suitors' Fee Fund, son, not the party chargeable with any such but the liability imposed on this fund in before contained, shall be liable to pay, or
bill within the meaning of the provisions hereshould then be transferred to the Consoli- shall have paid, such bill, either to the attorney dated Fund by a provision similar to the or solicitor, his executor, administrator, or as2nd section of 4 & 5 Wm. 4, c. 68, or the signee, or to the party chargeable with such 4th section of 11 & 12 Vict. c. 77. bill as aforesaid, it shall be lawful for such
An additional source of income will for person, his executor, administrator, or assig.. the future be created by the carrying over nee, to make such application for a reference under the authority of the 1st section of the the party chargeable therewith might himself
for the taxation and settlement of such bill as Suitors' Further Relief Act to the credit of make; and the same reference and order shall the Suitors' Fee Fund the further income be made thereupon, and the same course purof any stock in Court remaining on ac- sued in all respects as if such application was counts not dealt with for 15 years. What made by the party so chargeable with such this amount of income will be cannot be bill as aforesaid." And s. 39, that “it shall estimated with precision, but we believe it be lawful, in any case in which a trustee, execannot be less than 7,0001. per annum, for cutor, or administrator has become chargeable it appears by a return to Parliament in High Chancellor, or the Master of the Rolls,
any such bill as aforesaid, for the Lord 1850 that the amount of stock then reif in his discretion he shall think fit, upon the maining on accounts not dealt with for 10 application of a party interested in the property years and upwards was no less than out of which such trustee, executor, or admi314,5131.
nistrator may have paid, or be entitled to pay, .
such bill, to refer the same, such attorney's or LAW OF ATTORNEYS AND SO.
solicitor's, or executor's, administrator's, or as. LICITORS.
signee's demand thereupon, to be taxed and settled by the proper officer of the High Court
of Chancery, with such directions, and subject TAXATION OF BILL OF COSTS OF EXE- to such conditions, as such Judge shall thiok
IN- fit, and to make such order as such Judge shall TERESTED IN REMAINDER.—COMMON think fit, for the payment of what may be ORDER.
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 exe. Mr. 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 protees, 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 chargeabled
CUTOR AND TRUSTEE BY PARTY
Review. Francis' Law of Charities." with snch bill, so far as th: same shall be ap. I 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. I been seen in Westminster Hall, even after cation."
a like incubation of 20 years.
The Author's Preface gives a concise reNOTICES OF NEW BOOKS. view 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 says-
“In 1816 Lord Brougham commenced an Commissioners ; the Orders regulating attempt to induce the Legislature to take the nethe Practice, in Chancery, in the County cessary steps to prevent the abuse of Charities, Courts, and District Courts of Bank- and to protect the property belonging to them. ruptcy, and Forms, Tables of Costs, doc., And in 1854, we find an efficient Act having Precedents of Schemes for the Manage this object in operation. On its passing the
House of Commons an eminent statesman, rement of Schools and other Charities ; and all the Statutes relating to Chari? Terring to these dates, stated that the interval
was about the usual period required between table Gifts and Trusts, with a Digest of the suggestion of an important reformatory Cases. By Philip FRANCIS, Esq., of measure and its becoming the law of the land. the Middle Temple, Barrister-at-Law. Be this so or not, it is to be hoped that this London : Crockford, Essex Street. 1854. enactment, which, in arriving at maturity, conPp. 255, xxxvi.
sumed so much time and labour, and which
now in its working engages so much talent On the passing of an important Statute and legal knowledge, will be found practically altering materially the existing Law, or the effective. Practice of the Courts, there are two classes
“ When the Charitable Trusts' Bill was beof 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- debt of gratitude from the country.
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 Angust, 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, bat 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 prin
that unnecessary interference with the managers And he has supplied a concise ciple of efficient visitation to all Charities waslu 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 books will contain an abundant crop of duced an approbation of evil if it were old, and,
WHERE CLAIM FAILS.
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 ; “Those interested in the bistory of this Act, -Leases by Trustees. 4. Revenue of and of the Charities which are its subject, may Charities; Surplus Income; Marshalling refer to an article in the Edinburgh Review of April, 1846 (vol. lxxxiii. p, 475), attributed to
Assets, &c. Mr. Senior, and an interesting chapter in a work recently published on Public Education
LAW OF COSTS. by Sir James Kay Shuttleworth, and to the Speech and Letter of Lord Brougham already of exECUTOR IN ADMINISTRATION SUIT. referred to
The costs of an administration suit were “There will be also found in the general and particular Reports of the former Charity given to the defendant, an executor, notwithCommissioners, and in the Digest of their Re- standing he had made certain investments ports, and in the General Charities and Sum- which had been declared to be improper, and maries,' an immense amount of valuable information on the subject. Some of the results
was charged with the consequences. Tebbs v. of their calculations will be found in a later Carpenter, 1 Madd. 290, was cited. Knott v. page of this work.
Cottee, 16 Beav. 77. “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,
This was a motion by the executors for the as established by the important Act of 1853, will be found here. A collection of cases has payment by a person, claiming to be a crebeen also made in the hope that they will ditor, of the costs to which they had been put afford some assistance to those seeking the in opposing his claim on the estate of their principles which must still, in a great mea, testator, before the chief clerk. sure, guide the management of Charities and administration of the funds."
The Vice-Chancellor Stuart said,—“This is
a very important question. There is some The Author gives-- Ist, An Introductory justice in the observation, that it has hitherto Chapter; 2nd, An Analysis of the Pro- not been the practice to make a creditor, going visions of the Charitable Trusts Act, 1853; into the Master's Office to prove his debt, pay and then treats-3rd, of the Jurisdiction the costs of the attempt when unsuccessful. of the Courts and Legal Proceedings there. Under the old practice, however, the costs, in ; 4th, Of the Treasurer of Public Charities and Official Trustee ; 5th, Of the generally speaking, could not be considerable, framing and certifying Schemes and carry
because the Master had no power to examine ing them out; 6th, Of exempted Charities, witnesses vivá voce. endowed, voluntary, and mixed.
“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 the Board, and Forms of Application, &c. creditor was prevented, by the order of this
are not the costs of litigation; and that the 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. elaim. 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 To which is added a Digest of Cases, Master to report on the debts; but when arranged under the following heads :-1. What are valid Gifts to Charities-the questions of difficulty arose, which pot ugMortmain Acts ;-Intention and objects of frequently happened, the Master having no Gifts, how carried out ;-Doctrine of cy means of settling the question, it was sent for près ;-Sehemes. 2. Jurisdiction of Courts adjudication before a jury, and the costs would over Charities and Trustees ;- Visitors ;- in that case abide the result of the action at Costs, &e.
3. Trustees, their Duties ;- law.
TION CLAIM AMONG PARTIES ON AFFI-
Law of Costs.—Points in Equity Practice — Jetro. 8. Provincial Law Association. 9 " To cure that infirmity, and to save expense APPORTIONMENT OF PUND 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 the hearing of a claim by the surviving at Chambers by creditors. In the present case, executor to administer his testator's estate, a evidence was entered into, to contest the claim reference was directed to the Master to ascerof Mr. Stanway upon the assets ; expenses tain the parties beneficially interested, and he were incurred in Chambers in determining the reported that the fund was divisible in equal question, which were greatly increased by the shares among 16 persons. An apportionment necessity of entering into evidence, in order to was ordered to be made on the affidavit of the disprove the alleged debt. The creditor upon plaintiff, the testator's representative. Bear v. the evidence failed to prove his debt. Who Smith, 5 De G. & S. 92, was cited. Roberts then is to pay the costs of that inquiry? I Collett, 1 Smale & G. 138. think, if I were to allow the assets in course of administration to be diminished by the costs of METROPOLITAN AND PROVINCIAL resisting this unfounded claim, I should be
LAW ASSOCIATION. guilty of injustice towards those who are entitled to the property of the testator. I shall, The Annual General Meeting of this Astherefore, direct the costs of the executors in-sociation was held on Wednesday, the 19th of curred in resisting the claim, which the result April at the Offices, 8, Bedford Row. E. S. bas proved to be an unfounded claim, to be Bailey, Esq., in the Chair. taxed and paid by the alleged creditor.
The Annual Report of the Committee of " It is said, I have no jurisdiction to make Management was read by the Secretary, Mr. such a order, inasmuch as the creditor is not W. Shaen, after which the following resolua party to the suit. I think he made himself tions were adopted :party by embarking in this litigation. If I Resolved,-1. That the Report of the Comhave not the power to make him pay costs mittee of Management be received and adoptwhere he has put the estate to great expense ed, and that it be printed and circulated under by an improper claim, there would be a failure the direction of the Committee. of justice , and if he had proved his debt
, he 2. That the cordial thanks of the Associawould have been entitled to costs. In my tion be presented to the Committee of Manageopinion I have the power and the means of en- ment for their labours during the past year. forcing the order.” Hatch v. Searles, 2 Smale, 3. That the following Members of the As& G. 147.
sociation be elected Members of the Committee
of Management for the ensuing year:-POINTS IN EQUITY PRACTICE.
Mr. E. S. Bailey,
Mr. T. H. Bower. 1 Mr. J. Sangster. At the expiration of three weeks' time,
Metropolitan Solicitors. which had been obtained “to plead, answer, Mr. R. B. Arinstrong. Mr. G. Faulkner.
E. W. Field. or demur, not demurring alone,” the plaintiff's
Harvey Gem. solicitors endorsed a consent on a warrant, William Bell.
J. S. Gregory. asking for six weeks, for 14 days' further time E. Benham.
Henry Karslake. " to answer. The order was, however, drawn George Bower.
James Burchell. H. Lake. up for 14 days " to plead, answer, or demur,
E. F. Burton.
Edwd. Lawrance. not demurring alone,” and the defendant put
Edward Chester. C. J. Palmer. in a plea of the plaintiff's insolvency ; it was Henry C. Chilton. W. H. Palmer. taken off the file with costs, and the order for W.S. Cookeon. J. J. J. Sudlow, titne was varied by confining it to the leave to
F. N. Devey.
Charles Druce. answer only. Brooks v. Purton, 1 Y. & C., Ch., 278, and Chambers v. Howell, 12 Beav.
Mr. T. F. Champney, Bererley. 563, were cited. Newman v. IV hite, 16 Beav. 4.
- C. Ingleby, Birmingham.