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Law of Attorneys. - Law of Costs.-- Church Leaseholds+Capituiar Estates' Act. 223 “An:) it mar 12 observed, that where there right of a disclaiming defendant to.costs in are several lilis or notes, only those of early foreclosure suits, said, that the effect of all thie date will drive any benefit. “To small and unsecured creditors, more
later authorities was—" First, that in a suit for 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, Attortieys, have 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 admission.
his costs. Thirdly, that where a defendant
having an interest, allows 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 entitled to his TAXATION OF BILL OF COSTS OF MORT- costs.
There is another GAGEE'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 defendarit 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 WHERE ONE OBJECT OF BILL FAILED. remainder of their bill, for which they claimed 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 esecutrix 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. Fery 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. CAPI. to 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 these be both pressure and objection- ham and the Ecclesiastical Commissioners have able items, or the opercharges 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 the
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,
in his own. There is also a special stipulation, LAW OF COSTS. 11:11 reserving woods, underwoods, and trees.
Will it now be said that the Church does DISCLAIMING
not take abundant care of its own interests?
In fact they sell the freehold, reserving' every CLOSURE SUIT.
haa "The Master of the Rolls, in the case of Ford
Sponsolide1!1136110110 911110111 v. Earl of Chesterfield, 16 Beav. 516, as to the 10“Saye and except out of these presents and
DEFENDANT 60 5vca Ot
thing but water and games
224 Church Leaseholds Capitulur Estales' Aet:---Fees of the Courts of Law. the grant and release hereby made unto the sioned hy the exercise of the powers hereby exa 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 by each party, or whatsoever, in or under the said lands, heredi- by the umpire of such two indifferent pertaments, and premises respectively, or any of soos.” them, or any part or parts ihereof respectively. And alsu, except and always reserved out of these presents and the grant made, all such FEES OF THE COURTS OP 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 carrying noug, and, if desired, of converting, ma- Courts of Queen's Bench, Common Pleas, and næfacturing, or otherwise disposing of the said Exchequer of Pleas, from the 1st day of Miminergis id substances hereinbesore excepted. chaelmas Term, 1852, to the day before MiAnd also, all or any other 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 of persons arising or produced from or under such receipts during the same period, distiná. the lands hereby granted and released, or in. tended so to be, or any other lands or ground guishing the amount of salaries from the ex, for agents 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 officers 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 the pur.
Receipts. poses before-mentioned, or any of them. And also, for all or any of the purposes aforesaid, 27,334 writs (except writs of trial to form any road or way to make any cutting, 565 concurrent alias, pluries, or
or subpæna), ai 5s.
6,833 10 embankment, bridge, tunnel, or other work, and
renewed writs, at 28. 6d.
70 12 6 to lay down iron rails or other materials, and for the purposes of using any road or way, to
5,034 writs of trial and subpæna
503 before a Judge or Master, at 2s.
8 0 erect and to have any engine houses, station. 206 writs of subpæna before the houses, or other erections, or any depóts, or
sheriff, at Is..
10 6 yards, or other conveniences, and to travel on
847 12 any such road or way with any engine, and in 8,476 appearances entered, at 28. any manner whatsoever, whether of present use
841 appearances, each defendant
42 4 or future invention. And also, with full power Filing 26,359 affidavits, writs, or for the said dean and chapter, their successors and grantees, lessees, and assigns, to do any
other proceeding, at 2s.. 2,635 18 act for the foregoing exceptions, or any of Amending 136 writs or other them, in, upon, over or under, or with respect 601 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.
144 owners of the fee simple in possession thereof, but such way, leaves, and rights, so herein
404 special rules, exceeding six
folios, per folio, at 6d. before reserved to the said dean and chapter, their successors and assigns shall not be liable 5,505 judgments by default, at 5s. 1,376 5 to be defeated or destroyed by eMuxiou of time 3,363 final judgments, otherwise or non-user of the same. And all and singular,
than judgment by default, at
1,681 10 0 the rights, liberties, matters, and things herebefore 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 Durham, 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.-Ed. L. O.
133] ! ! Hit Courts of Law.
223 Payments of money into Court, Teviz:
2. COMMON PLEAS.
£ 200 under 501., at 5s.
50 0 0 20,24t writs, except writ of trial | 49 under 1001., at 10s.
24 10 0
£5,000 50 66 above that sum, at 205..
66 0 o
262 concurrent, alias, pluries, or 269 certificates, at 1s.
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 0123 writs os subpoena 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, 0.
395 18 0 519 appearances, each defendant 195 searches, exceeding four
after the first, at 13.
0 terms, or a general search, at
Filing 8,713 affidavits, writs, or Is 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 two recognizance or se
484 ordinary rules, at 1s.
24 4 0 curity in ejectment or error,
493 special rules, not exceeding at 2s. 6d.
0 5 0
98 12 0 Six allowances and justification
283 special rules exceeding six of bail, at 3s.. 0 18 0 folios, per folio 6d.
7 2 6 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.
103 0 0 than judgment by default, at
815 6 0 Received on account of fees
References to the Master
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
14 0 0 50 above that sum, at 20s.
50 0 0 Disbursements. 72 certificates, at 1s. .
3 12 0 £
s. d. 5,596 office copies of præcipes, Five Masters
or other proceedings
139 18 6,000
0 Twenty-three clerks.
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 annum
18 terms, or a general search
5 0 281 1 General disbursements during the
2,648 affidavits, affirmations, &c. same period, for housekeeper,
taken before the Master, at 18. 1328 0 laundresses, rent, taxes, rates,
5 allowances and justification of stationery, books, furniture,
015 0 repairs, &c., &c.
1,190 13 2 Filing 6 affidavits and inrolling
1 10 Total
9 0 Amount received £18,442 13 4
2 affidavits delivered out
0 5 0 Ditto disbursed 13,535 10 2
4 error certifying a record, each
2 0 0 34 issues entered, at 7s.
11 18 0 £4,907 3 2 659 judgments, final, at 78.
230 13 0 22 searches, per term
0 5 6 No pensions or compensations have been 2 special references
2 20 paid by the Masters during the above period. 1 examination of witnesses
1 1 0 1 bond settled
010 (Signed) FORTUNATUS DWARRIS,
6 A. D. CROFT. 27 re-sealing writs
0 15 9 R. GOODRICH. 347 writs of execution
17 7 0 1997 C. R. TURNER.
£10,510 11 9
130 0 0
220 "Fees of the Courts of Luw-Objetions to the Registration of Deeds.se -790171 Disburseminle,' !!! S1 i
£ s. d. Allowances and justification of Masters' salaries 6,000 0
0 15.0 0
bail Clerks' salaries
3,040 0.0 Messenger, porter, and laundress 100 0
£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 . 805 11 4
£21,813 13 8 Late master
270 0 0 Ushers, criers, and trainbearer of
Disbursements. the Court, pursuant to Treasury Orders, to make up their salaries
5,934 19 418 7 8
One messenger to the Masters
1000 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. .
229 101 01 Rent Taxes
72 11 3. EXCHEQUER OF PLEAS.
Housekeeper and laundress
75 16 1 Receipts.
Books for the library of the Court For writs (except writs of trial or
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 00 496 S Writs of subpæna before the
Hereditary chief usher
45 10 10 Housekeeper
23 16 0 sheriff
12 18 Appearances entered.
0 0 Appearances, each defendant, after the first
64 10 Filing affidavits, writs, or other
£14,370 14 6 proceedings
1,906 18 Amending writs or other
W. H. WALTON. proceedings 111
W. F. POLLOCK. Ordinary rules
46 7 0
R. E. JOHNSON. Special rules
JOHN C. TEMPLER. Special rules exceeding six folios,
8 8 0
OBJECTIONS TO THE REGISTRAJudgments by default
2,150 10 0 Final judgments otherwise than
TION OF DEEDS. judgments by default
1,5130 0 Taxing bills of costs .
1,485 7 0 SIR,—The Legal Observer has of late beReferences to the Master
71 0 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 o new system should, as it seems to me, embrace Under 1001.
19 10 0 three main points :-safety, economy, and expe. Above that suim
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 0 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
possess, o In cases of fire or accident, certainly more than four terms
11 secondary evidence might be desirable to have Searches, exceeding four terms,
'available, but nothing morem : 1. titiktin me or a general search lu 10120.54 ii 13, 59201 As to the second point, it has always occur, before the Master doud994 Pune
15 o increase expenditure, rather than reFiling recognisances, or security
verse. In an ordinary purchase of property in in ejectment or error
2 19916 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 out of the fees payable by him all the expenses Inn, addressed to one of the petitioners to the
rister of long standing, a member of Lincoln's 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 such 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
the world. transaction hy 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 daye. Begin then at 10 o'clock, and deavours to get rid of this barbarous relic of cease at 4,—six hours at 68. 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.
di mort antalon 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 d'expedition. Would it not be practice of the Lords Justices of Appeal to reti more advantageous to the community at large quire (in addition to any other consent which to repeal the Registration Acts and unregis- it may be necessary to obtain) ter Yotle and Middlesex, rather than fetter Judge from whose paper, and of the Judge to... such an additional burthen on the remaining counties? ?yewis tl jij010;
the transfer of the cause is prom deu a 10T3-5,437 A LAWYER'S SCRUB.
posed to be made, and without the assenti 1 0 0.0 W01264
assent of the 2
of 'such Judges no such transfer will be ni 7:790ti tu need 170! :!
110. 10.99,"TIM. yonuje yi ada
10119 10 111941.1999
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