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Liw of Attorneys. - Law of Costs.-Church Leaseholds-Capituiur Estates' Act.
223 "And it may be observed, that wi.ere there right of a disclaiming defendant to.costs in : ate several Lilis or notes, only those of early foreclosure suits, said, that the effect of all the date will drive any benefit.
later authorities was-“ First, that in a suit for ," To small and unsecured creditors, more especially, the measure, if passed, will be a foreclosure and redemption of mortgages, where, positive injustice."
a defendant disclaims, in such a manner as
to show that he never had and never claimed The 42 Notaries of Liverpool, who are also an interest, at or after the filing of the bill, Attorneys, bare petitioned against the restora- then he is entitled to his costs. Secondly, if tion of the clause for letting in their brethren, a defendant having an interest, shows that he alleging that they have served an apprentice- disclaimed or offered to disclaim before the inship, and paid premiums, stamps, and fees of stitution of the suit, there also he is entitled to ad mission.
his costs. Thirdly, that where a defendant
having an interest, allow's himself to be made a LAW OF ATTORNEYS AND SOLI- party to the suit, and does not disclaim or CITORS.
offer to disclaim till he puts in his answer or
disclaimer, in that case he is not entiiled to his TAXATION OF BILL OF COSTS OF MORT- costs.
There is another GAGER'S SOLICITOR.-PRESSURE.
point to which I must advert, viz., the filing The executrix of a mortgagor being de- of the replication by the plaintiff. The rule sirous to pay off the mortgage, and have a I take to be this :-that if a defendant distransfer to a trustee for her, the transfer claim, and then the plaintiff replies to the diswas prepared and approved, and the bill of claimer, and the defenda.it is, in consequence, costs of the mortgagee's solicitor, amounting to 181. odd, was sent on December 20, compelled to go into evidence in support of 1850, and an appointment made to com
the statement in his answer, the plaintiff must plete two days afterwards. The deed was pay his costs, but not otherwise. In this case, executed at the meeting upon the principal no evidence has been gone into, and therefore and interest being paid, and 101. was ten- the defendant is not entitled to his costs.” dered for the costs, but the solicitors declined to part with the title deeds until the remainder of their bill, for which they daimed a lien, was paid. The amount was
Where, of the two objects sought by a bill, paid under protest, and in February, 1853, the one succeeded and the other failed, and it
, the executrix petitioned for a taxation, on was impossible properly or accurately to sepathe ground of pressure and an overcharge rate the costs properly attributable to each, a of five guineas
“ for many attendances and decree was made without costs on either side. very numerous letters from 1842 to 1851,” Rochdale Canal Company v. King, 16 Beav, to the petitioner.
630. The Master of the Rolls, in dismissing the petition with costs, said, “You ask me
CHURCH LEASEHOLDS. CAPIto reverse Re Browne (15 Beav. 61), which
TULAR ESTATES' ACT. was affirmed by the Lords Justices (1 De G., M.N. & G. 322). The Court will not
I SUBJOIN a copy of a model reservation open the settlement of a bill of costs, un clause, which the Dean and Chapter of Durless there be both pressure and objection- ham and the Ecclesiastical Commissioners have able items, or the overcharges are so gross the modesty to ask a party to accede to on the as to amount to fraud... This bill was paid enfranchisement of some 180 acres of land, only under this pressure: the solicitor within two miles of the city of Durham, held says, I have a lien for my costs, and will under the chapter. not deliver up the deeds unless you pay
After such anomalous enfranchisement, could
the land be called freehold? The owner could bill.""' In re Finch, 16 Beav. 585.
hardly call the water, supposing, there is any,
his own. There is also a special stipulation, LAW OF COSTS. 11
reserving woods, underwoods, and trees.
Will it now be said that the Church does not take abundant care of its
interests OP DISCLAIMING DEFENDANT
In fact they sell the freehold, reserving every CLOSURE SUIT!
thing but water and game.
DUNELMENS1S. : The Master of the Rolls, in the case of Ford
(iid whitnortion V v. Earl of Chesterfield, 16 Beav. 516, as to the 10“ Save and except out of these presents, and
WHERE ONE OBJECT OF BILL FAILED.
224 Church Leaseholds—Capitular Estales' Aet.--Fees of iho Courts of Law. the grant and release hereby made unto the sioned by the exercise of the powers bereby exel said Dean and Chapter of Durham, their suc- cepted and reserved as aforesaid, such annual cessors and assigns, all mines and pits now compensation, if the parties cannot agree to be being and to be opened, and all other mines, estimated by the adjudication of two indifferent seams, and beds of coal and other minerals persons, one to be chosen hy each party, or whatsoever, in or under the said lands, heredi. by the umpire of such two indifferent pera, taments, and premises respectively, or any of sons." them, or any part or parts thereof respectively. And alsu, except and always reserved out of these presents and the grant made, all such FEES OF THE COURTS OF LAW. rights of way, and other rights and easements, and so much of the said lands, or grounds, and premises as shall be necessary or proper for all the Fees received by the Masters' of the
The following is extracted from a Return of having access to, and winning, getting, and car. ryino a:vaš, anc'. if desired, of converting, ma- Courts of Queen's Bench, Common Pleas, and nufacturing, or otherwise disposing of the said Exchequer of Pleas, from the 1st day of Miminerais id substances hereinbefore excepted. chaelmas Term, 1852, to the day before MiAnd also, all or any oher minerals and substances whatsoever, of or belonging to the said
chaelmas Term, 1853, inclusive, distinguishing Dean or Chapter of Durham, their successors, the amounts received for each respective class grantees, lessees, or assigns, or of or belonging of fees : to any other corporation, or any other person Of the salaries and expenses paid out of or persons arising or produced from or under such receipts during the same period, distinthe lands hereby granted and released, or in. tended so to be, or any other lands or ground guishing the amount of salaries from the exfor agen's and workmen's houses, pil and heap. penses: room, furnaces or engine-houses, and all other Of the pensions paid during the same period conveniences, together with full and exclusive to retired ofiicers of those Courts : power
for the said Dean and Chapter of Durham, and their grantees and assignees, to
And, of the compensations paid during the use any existing shafts, levels, adits, roads, or
same period to the holders of abolished offices ways, or to make and exclusively have, and use of such Courts. any shafts, levels, adits, roads, or ways, drains or watercourses, through, within, under, over,
1. QUEEN'S BENCH. or across the said lands or grounds for i he pur.
Receipts. poses before-mentioned, or any of them. And
£ $. d. also, for all or any of the purposes aforesaid, 27,334 vrits (except writs of trial to form any road or way to make any cutting, 505 concurrent alias, pluries, or
or subpæna), ai 5s.
6,833 100 embankment, bridge, tunnel, or other work, and to lay down iron rails or other materials, and
renewed writs, at 28. 6d. for the purposes of using any road or way, to
5,03-4 writs of trial and subpæna erect and to have any engine houses, station- 206 writs of subpæna before the
before a Judge or Master, at 2s. houses, or other erections, or any depóls, or
sheriff, at Is..
10 6 0 yards, or other conveniences, and to travel on any such road or way with any engine, and in 8,476 appearances entered, at 2s, any manner whatsoever, whether of present use
841 appearances, each deíendant or future invention. And also, with full power Filing 26,359 affidavits, writs, or
after the first, at is. for the said dean and chapter, their successors and grantees, lessees, and assigns, to do any
other proceeding, at 2s.. art for the foregoing exceptions, or any of Amending 136 writs or other them, in, upon, over or under, or with respect co ordinary rules, at 1s.
proceeding, at 2s. to the said lands and grounds that they could have done were they the sole and absolute
720 special rules, not exceeding
six folios, at 4s. simple in possession thereof, but such way, leaves, and rights, so herein: 404 special rules, exceeding six before reserved to the said dean and chapter, 5.503 judgments by default
, at 5s. 1,376 5 folive, per folio, at 6. .
10 2 0
0 their successors and assigns shall not be liable to be defeated or destroyed by eMusion of time 3,363 final judgments, otherwise or non-liser of the same. And all and singular,
than judgment by default, at the rights, liberties, matters, and things here
1.681 10 0 before excepted and reserved to the said dean
Taxing bills of costs
1,333 14 0 and chapter, their successors, grantees, lessees, 118
references to the Master, at
100 10 0 and assigns shall be taken and considered as commencing, and to be had and exercised from the execution of these presents. They, the | The return comprises returns from other said Dean and Chapter of Durbam, their suc-officers of the Courts, but they are not at precessors and assigns paying annually reasonable sent complete. The extracts, therefore, are compensation for spoil of ground, to be occa-confined to the Masters' returns.—Ep. L. O.
70 12 6
847 12 0
2,635 18 0
13 12 0 30 1 0
-31.] ! ! Hit Courts of Low.
223 Payments of money into Court,
1539 2. COMMON PLEAS.
€ 200 under 501., at 5s.
50 0 0 20,241 writs, except writ of trials 49 under 1001., at 10s.
24 10 0
£5,060 50 66 above that sum, at 205.
66 0 0 262 concurrent, alias, pluries, or 269 certificates, at ls.
32 15 "0 1,221 office copies of præcipe. or
137 writs of trial, at 28.
13 14 0 other
proceedings, 6d, per folio 436 17 6 2,404 writs of subæna before a 11,162 searches, if not more than
Judge or Master, at 2s. . 240 8 0 two Terms, at 6d. .
279 1 0 123 writs of subpæna before the 7,918 searches, exceeding two
sheriff, at 1s. .
6 3 0 and not more than four Terms,
4,773 appearances entered, at 28. 577 6 0 at Is,
395 18 0519 appearances, each defendant 195 searches, exceeding four
after the first, at 18.
25 19 0 terms, or a general search, at
Filing 8,713 affidavits, writs, or 2s 6d.
24 7 6 other proceedings, at 28. 871 6 0 1,804 affidavits, affirmations, &c.,
Amending 525 writs or other taken before the Master, at 1s. 90 4 0 proceedings, at 28. .
52 10 0 Filing tivo recognizance or se
484 ordinary rules, at 1s.
24 4 0 curity in ejectment or error,
493 special rules, not exceeding at 28. 6d. 0 5 0 six folios, at 48
98 12 0 Six allowances and justification
283 special rules exceeding six of bail, at 3s.. 0 18 0 folios, per folio 6d.
7 26 Filing 412 affidavits and inrol
3,954 judgments by default, at 5s. 988 10 ling articles previous to the ad
1,510 final judgments, otherwise mission of attorneys, at 58.
755 o £17,117 14 6 Taxing bills of costs
815 6 0 Received on account of fees
References to the Master
44 0 0 under the old table, altered on 24th November, 1852
Payments of money into court, viz.
151 for every sum under 501.,
37 15 0
0 0 50 above that sum, at 20s.
50 0 o Disbursements. 72 certificates, at Is..
3 12 0 £
s. d. 5,596 office copies of præcipes, Fire Masters
6,000 0 0
139 18 0 Twenty-three clerks
5,911 5 8
8,785 searches, if not more than
219 12 6 One ditto to the Court
80 0 0
73 s-arches exceeding two, and Three tipstaves, to make the in
not more than four terms
3 13 0 come to each of 1501. per
146 searches exceeding four
18 terms, or a general search
5 0 281 I 4 General disbursements during the
2,648 affidavits, affirmations, &c. same period, for housekeeper,
taken before the Master, at 18. 132 8 0 laundresges, rent, taxes, rates,
5 allowances and justification of stationery, books, furniture,
0 15 0 repairs, &c., &c.
Filing 6 affidavits and inrolling 1,190 13 2
articles previous to the admisTotal
1 10 £13,535 10
sion of attorneys
9 5 0 Amount received
2 affidavits delivered out
0 5 £18,442 13 4 Ditto disbursed 13,535 10 2
4 error certifying a record, each
0 0 34 issues entered, at 7s.
11 18 0 £4,907 3 2 659 judgments, fin:1, at 78,
230 13 0 22 searches, per term
0 5 6 No pensions or compensations have been 2 special references
2 2 0 paid by the Masters during the above period. I exainination of witnesses
1 1 0 1 bond settled
010 (Signed) FortunATUS DWARRIS.
6 A. D. CROFT. 27 re-sealing writs
15 9 R. Goodrich. 347 writs of execution
17 7 0 Jas. BUNCE. C. R. TURNER.
One messenger .
4,632 9 il
220. "Fees of the Courls of Law,-Osjections to the Rexistration of Deedse stui , a -792 Disburseminte!!!
d. £ 8. d. Allowances and justification of Masters' salaries 6.000 0
0 15 bail
0 Clerks' salaries
3,040 00 Messenger, porter, and laundress 100
£20,305 14 6 Rent, rates and taxes, stationery
Fees received under the former, and books, &c.
560 1 3
1,507 19 2 Pensions.-Late prothonotary . $05 11
£21,813 13 S Late master
270 0 0 Ushers, criers, and trainbearer of
Disburseinents. the Court, pursuant to Trea
f 8. d. sury Orders, to make up their salaries
Cue messenger to the Masters
0 The expenses are calculated as nearly as pos
Messenger to the Court sible, in consequence of the return containing
Tipstaff to the Court, in addition
to fees received to make up his a portion of two quarters.
annual income to 3001. . Rent
72 11 4 3. EXCHEQUER OF PLEAS.
Housekeeper and laundress
Books for the library of the Court
and the library of the Masters'
£ s. d. subpæna)
office, stationary and trades-
432 17 Concurrent, alias, pluries, or renewed writs
79 2 6 Pensions and Compensations. Writs of trial
19 Writs of subpæna before a Judge
Retiring allowance to one of the or Master
Masters and compensation
1,600 0 0 496 Writs of subpæna before the
Hereditary chief usher
45 10 10 Housekeeper
23 16 0 sheriff .
12 18 0 Appearances entered .
Sealer of writs and process, abo-
324 0 0 Appearances, each defendant, after the first
64 10 0 Filing affidavits, writs, or other
£14,370 14 6 proceedings
1,906 18 Amending writs or
(Signed) W. H. Walton. proceedings 111 2
W. F. POLLOCK. Ordinary rules .
R. E. JOHNSON. Special rules
JOHN C. TEMPLER. Special rules exceeding six folios,
8 8 0
OBJECTIONS TO THE REGISTRIJudgments by default
TION OF DEEDS. Final judgments otherwise than judgments by default
1,513 0 Taxing bills of costs.
1,485 7 0 Sir,-The Legal Observer has of late beReferences to the Master
71 O O stowed much of its space to the subject of the Payments of money into Court,
registration of deeds. The great object in view viz. :
by the parties introducing and espousing this Under 501.
73 15 0 new system should, as it seems to me, embrace Under 1001.
19 10 0 three main points :- safety, economy, and expe. Above that siin
80 o dition in the transfer of property. As to the Certificates
7 10 o first,-saving from the loss of deeds by fire or Office copies of præcipes or other
other accident, -it does not occur to me, with proceedings
357 16 G deference to the opinions of the gentlemen who Searches, if not more than two
have given evidence on the subject, that we shall terms
403 16 0 have one jot more of safety than we at present Searches, exceeding two and not
possesso. In cases of fire or accident, certaiply more than four terms
11 8 0 secondary evidence might be desirable to have Searches, exceeding four terms,
available, but nothing moreIntre. or a general search in 90120713 5-0 As to the second point, it has always occur, Affidavits, affirmations, &c., taken w 6: , red to me before the Master.net
me that the system of registration must
164 15 increase the expenditure, rather than the reFiling recognisances, or security
In an ordinary purchase of property in in ejectment or error
2 1976 a non-registering county, when the attorney
Registration of Deeds.-Enfranchisement of Copyholds.--Transfer of Causes in Chancery. 227 hands over the deeds to the purchaser there ENFRANCHISEMENT OF COPY. ends the transaction; but if his purchase deed
HOLDS. must be registered, something must, I assume, be paid for the registration, and this is an ad
We subjoin a copy of a letter from a barditional expense forced on the purchaser, for rister of long standing, a member of Lincoln's out of the fees payable by him all the expenses Inn, addressed to one of the petitioners to the of buildings, books, registrars, clerks, and a host of et ceteras must arise. The country at House of Commons, for the Enfranchisement large cannot be expected to contribute toward of the Copyholds in the Manor of Kennington, the sustaining of such establishments as re- presented to the House of Commons on the gister offices.
Then look at the working of existing register 26th ultimo. offices. They are defective in many essentials. “I have perused your petition to the House The old Acts of Parliament having been little of Commons on the subject of entire enfranattended to, and almost anything could a few chisement of copyhold tenure, and must say, years ago have been registered. I have seen a that I fully concur in its object. deed conveying land in Surrey registered in The motives as set out by you are most the Middlesex office. But within the last few judicious, well.grounded, and pertinent, and it years they have certainly been more careful is with much reason that the Committee of and particular, but these cares and particu- 1838 asserted the fact, that copyhold tenure larities are not upfrequently attended with ex- was ill adapted to the wants of the present day pense. I would that some of the gentlemen and a blot on the judicial system of England. who espouse this course, and even a Judge “Indeed, ever since I have been acquainted who extols the principles of registration, had with such monstrous things as copyhold, gaveltwo or three London titles to investigate. I kind, and borough English tenures, it has been will take an estate of one of your large land- my opinion that they are not only a blot but a ed London proprietors, - Portman, Portland, disgrace to the age we live in, and foreigners Grosvenor, Camden, &c. One of them grants would not, I feel convinced, believe that sucha a lease, say in Marylebone, to one of the anomalies are to be met with in civilised Engeuphonious name of Smith or Brown (they are land in the middle of the 19th century-more both bad letters to search in), and they build worthy, indeed, of the Autocrat the Emperor of 100 houses or streets; they then sell or let and all the Russias and his loyal subjects, than make the most of their bargain. Some 30 or the people of old England. It is high time, 40 years afterwards, a person buys one of these indeed, that they be abolished, and but one houses, and search must be made through the kind of tenure acknowledged by the law of the registry, and I find Brown or Smith to A. B., land, namely--freehold. Until we do so, it Marylebone ; Brown or Smith to C.D., Mary- will be idle for us to boast of our civilisation, lebone, and so on till they have disposed of and to pretend to set an example to the rest of every house. I must take a note of every the world. transaction by those builders, and then refer to “ America is there, and France is there likeevery book containing the registry of the deeds wise to give the lie, where such subsidies would for the purpose of ascertaining whether any of no longer be tolerated. the other transactions affect the house I am “Saying so much is saying at the same time buying. This process frequently occupies se- how much I wish you success in your enFeral days. Begin then at 10 o'clock, and deavours to get rid of this barbarous relic of cease at 4,—six hours at 6s. 8d. an hour,—21. times gone by, when men were clad with steel, per diem for searching through matter ultra or with minds equally fettered, but who, in the extra of my purchase. Then frequently in- present day, impelled by steam and electric quiries arise out of the searches,– letters, at- wire, are no longer the passive creatures of tendances, perusals, &c., which end probably yesterday, but ever rushing forward like the in nothing, and but for the registry would have carriage on the rail with new and fresh energies, been known nothing of Surely these are all to the tune of 'Go ahead boys! go.” additions to ordinary non-registering counties, and after all there is a winding-up of some two TRANSFER OF CAUSES IN or three guineas for registering the conveyance
CHANCERY. or assignment.
The foregoing will, I think, pretty clearly evidence that registration is antagonistic to the
In all cases of transfer of causes, it is the third point - expedition. Would it not be practice of the Lords Justices of Appeal to retur more advantageous to the community at large quire (in addition to any other consent which to tepeal the Registration Acts and unregis- it may be necessary to obtain) the assent of the ter Yotk and Middlesex, rather than fetter Judge from whose paper, and of the Judge to 2. such an additional burthen on the remaining counties? - Di JN 14,3
the transfer of the cause is prom) +14431 A LAWYER'S SCRUB.
posed to be made, and without the assent: rs 1:43 Lii
of such Judges no such transfer will be Il **:?
10119 10 11191.1999