Fees of the Courts of Law.—Objections to the Registration of Deeds, so, tortor, «}}

8 8 2,150 10

1,513 0 0

1,485 7
71 0

Registration of Deeds.-Enfranchisement of Copyholds.-Transfer of Causes in Chancery. 227

hands over the deeds to the purchaser there ends the transaction; but if his purchase deed must be registered, something must, I assume, be paid for the registration, and this is an ad

ENFRANCHISEMENT OF COPY

HOLDS.

WE subjoin a copy of a letter from a bar

ditional 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 of buildings, books, registrars, clerks, and a host of et ceteras must arise. The country at large cannot be expected to contribute toward the sustaining of such establishments as register offices.

Inn, addressed to one of the petitioners to the House of Commons, for the Enfranchisement of the Copyholds in the Manor of Kennington, presented to the House of Commons on the 26th ultimo.

"I have perused your petition to the House of Commons on the subject of entire enfranchisement of copyhold tenure, and must say, that I fully concur in its object.

Then look at the working of existing register offices. They are defective in many essentials. The old Acts of Parliament having been little attended to, and almost anything could a few years ago have been registered. I have seen a 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 particularities are not unfrequently attended with expense. I would that some of the gentlemen who espouse this course, and even a Judge who extols the principles of registration, had two or three London titles to investigate. I will take an estate of one of your large landed London proprietors, - Portman, Portland, Grosvenor, Camden, &c. One of them grants a lease, say in Marylebone, to one of the euphonious name of Smith or Brown (they are both bad letters to search in), and they build 100 houses or streets; they then sell or let and make the most of their bargain. Some 30 or 40 years afterwards, a person buys one of these houses, and search must be made through the registry, and I find Brown or Smith to A. B., Marylebone; Brown or Smith to C. D., Marylebone, and so on till they have disposed of every house. I must take a note of every transaction by those builders, and then refer to every book containing the registry of the deeds for the purpose of ascertaining whether any of the other transactions affect the house I am buying. This process frequently occupies several days. Begin then at 10 o'clock, and cease at 4,-six hours at 6s. 8d. an hour.-27. per diem for searching through matter ultra or extra of my purchase. Then frequently inquiries arise out of the searches,-letters, attendances, perusals, &c., which end probably in nothing, and but for the registry would have been known nothing of. Surely these are all additions to ordinary non-registering counties, and after all there is a winding-up of some two or three guineas for registering the conveyance or assignment.

1838 asserted the fact, that copyhold tenure was ill adapted to the wants of the present day and a blot on the judicial system of England.

"Indeed, ever since I have been acquainted with such monstrous things as copyhold, gavelkind, and borough English tenures, it has been my opinion that they are not only a blot but a disgrace to the age we live in, and foreigners would not, I feel convinced, believe that such anomalies are to be met with in civilised England in the middle of the 19th century-more worthy, indeed, of the Autocrat the Emperor of all the Russias and his loyal subjects, than the people of old England. It is high time, indeed, that they be abolished, and but one kind of tenure acknowledged by the law of the land, namely-freehold. Until we do so, it will be idle for us to boast of our civilisation, and to pretend to set an example to the rest of the world.

The foregoing will, I think, pretty clearly evidence that registration is antagonistic to the third point-expedition. Would it not be more advantageous to the community at large to repeal the Registration Acts and unregister York and Middlesex, rather than fetter such an additional burthen on the remaining

counties?ol end i „3mDI

"America is there, and France is there likewise to give the lie, where such subsidies would no longer be tolerated.

"Saying so much is saying at the same time how much I wish you success in your endeavours to get rid of this barbarous relic of times gone by, when men were clad with steel, with minds equally fettered, but who, in the present day, impelled by steam and electric wire, are no longer the passive creatures of yesterday, but ever rushing forward like the carriage on the rail with new and fresh energies, to the tune of Go ahead boys! go.'"

TRANSFER OF CAUSES IN
CHANCERY.

The Recorder of Hull.-Correspondence.-County Palatine Chancery Bill.

$28

THE RECORDER OF HULL.

REMISSION OF PUNISHMENT ON JUVENILE

OFFENDER.

THE Hull Advertiser (a liberal paper) of the THE clauses in this Bill giving jurisdiction 15th instant, observes, that "The boy Regan. to the Lords Justices to hear Appeals, are whose case gave the noble Secretary of State doubtless beneficial; but the power of comso much trouble a few months ago, was again pelling the appearance in this local Court of tried before the learned Recorder of this

boro gh, on Monday last (the 10th July), and persons residing in London or Cornwall, or having for the fourth time been found guilty elsewhere, is very objectionable. Why should of felony, was mercifully sentenced to four the County of Lancaster possess a Court of years' penal servitude. We do not believe Equity, whilst Yorkshire and all other counties that the Recorder ever appeared to more ad- are denied a similar privilege? Why should vantage upon the Bench than while trying and passing sentence upon this incorrigible lad. executors, trustees, legatees, creditors, infants, He spoke of the conduct of those who had ad- and others, be required to appear in person or dressed the Secretary of State as influenced by by unknown agents at Preston, or elsewhere, the promptings of a generous humanity; and he when the business can be more conveniently, pointed out to the boy the ingratitude of which he was guilty in rendering himself unworthy expeditiously, and cheaply transacted in Lonof an interference so kind, and as regarded the don? Crown so successful. But it was the Re corder's account of what he himself had 'privately done to reclaim the lad, which told with such touching effect upon the audience. The Recorder had himself been the first to extend mercy to the lad, and to put him in the way of reforming, if moral reformation in Hull had been possible. He now felt it to be his duty wisely to remove him from the scene of so much temptation; and he discharged that duty with a dignity, a decorum, and în a spirit of kindness towards those who addressed the Se cretary of State on that occasion, which will be long remembered to his credit."

Even in the County Palatine itself, the suitors and their solicitors can in general more readily communicate with their London agents (to whom they are writing daily) than to their Preston correspondents.

The advantages proposed by the Bill are confined to the officers of the Palatine Court and the practitioners residing at Preston, at the expense and inconvenience of all the suitors, witnesses, and solicitors who do not belong to that locality. We conceive, that at Liverpool and Manchester, it would be preferable to conduct the business in London, where the leading solicitors of Lancashire, as well as their clients, have so frequently occasion to

resort.

NOTES OF THE WEEK,

NEW QUEEN'S COUNSEL.

THE tenant by copy of Court Roll dies; the usual presentment of death is made at the Court, and three proclamations for the customary heir, &c., to come in and be admitted; -but no one claiming adinission can the lord in such case, or his steward, issue a war-Denison, Esq., of the Chancery rant to the bailiff to seize or must the lord bring ejectment ?

R.

Peter Erle, Esq., and Edmund Beckett

Thomas Phina, Esq., and Robert Porrett ColBar, and lier, Esq., of the Common Law Bar, have been sworn in before the Lord Chancellor as Queen's Counsel; the two last-mentioned gentlemen with patents of precedence.

STAMP DUTIES BILL.-COUNTERPARTS. By the 16 & 17 Vict. c. 63, an ad valorem duty was imposed on conveyances, in conside-nourable Society of the Middle Temple on Mr. Erie was called to the Bar by the Horation of a year y rent charge, &c,, but the Ac: June 1, 1821, and received his appointment does not provide for the stamps on the dupli-as Chief Commissioner under the Charitable cates of such conveyances. Can any of your Trusts' Act, in October, 1853. readers inform me whether anything is being done this session to remedy such omission? J. S.

The Bill now before the House appears to supply this decet.-Ep.

Mr. Denison is M.P. for the Yorkshire West Riding, and was called to the Bar at Lincoln's Inn, November 22, 1841.

Mr. Phinn was called to the Bar at the Inner Temple, November 20, 1840, was appointed Recorder of Portsmouth in July, 1848, and transferred to Devonport in December, 1851.

Notes of Week.Superior Courts: Lord Chancellor.-Lords Justices.—Rolls.

229

He was first returned for Bath in July, 1852, papers for the use of the Court to the proper and is still the M.P. for that city. Mr. Collier was called to the Bar at the officer, and he felt it his duty for the future to Inner Temple, January 27, 1843, and is Re-act on the Order of the 3rd April, 1828, which corder of Penzance. He has represented Ply-empowered the Court to make the solicitors mouth since July, 1852. neglecting to deliver the papers pay personally the costs occasioned by such neglect.

COLONIAL LAW APPOINTMENT.

George Smoult '1
Law, has been appointed senior magistrate at
Calcutta.

Fagan, Esq., Barrister-at- APPOINTMENT OF LECTURERS AT THE IN

NEGLECT IN DELIVERING COURT PAPERS. The Vice-Chancellor Stuart intimated that much inconvenience and loss of time resulted from the neglect of solicitors to deliver the

CORPORATED LAW SOCIETY.

Mr. Archer Shee has been appointed Lecturer for the ensuing year, on Equity and Bankruptcy; and Mr. Charles Pollock on Common Law and Criminal Law.

The Lectures will probably commence on Friday, the 3rd November.

RECENT DECISIONS IN THE SUPERIOR COURTS.

Lord Chancellor.

Exparte Pope, July 15, 1854.

CORONER. WHERE ELECTION VOID.-TAK

ING RETURN OFF FILE.

On the election of a coroner certain votes were dec.ared insufficient for want of qualification by the Court of Queen's Bench, and a new writ issued for the election of a coroner: An order was made on motion to take the return of the coroner who had been elected by reason of such votes off the file, with liberty to the sheriff to make a fresh return, but a declaration that the other competing candidate was coroner without a fresh election was refused.

It appeared that on the election taking place to the office of coroner for the district of Heinel Hempstead, Herefordshire, Mr. Pope was in a minority in consequence of the votes polled on behalf of the other candidate, Mr. Frederick Day, of about 70 persons, who claimed to vote in respect of their right of pasturage over cert in waste land at Boxmoor, which had been held insufficient by the Court of Queen's Bench (reported ante, p. 110), and that the undersheriff had refused the scrutiny demanded. A new writ for the election of a coroner having issued.

Tripp now applied for a declaration that Mr. Pope was coroner without a fresh election. The Lord Chancellor ordered the return of Mr. Day, as coroner, to be taken off the file, with liberty to the sheriff to make a fresh return, the writ in the meantime to be suspended, but said that the declaration asked could not be made.

Lords Justices.

Judge v. Baker. July 14, 1854.

-PRACTICE.

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transfer a case from the paper of one Junge to another, it is necessary to obtain the assent of both the Judges.

THIS was an application, by consent of all parties, for leave to transfer this case from the paper of the Master of the Rolls to the paper of Vice-Chancellor Kindersley.

C. M. Roupell in support.

The Lords Justices said, that leave would be given upon the assent of both Judges to the transfer being obtained.

Master of the Rolls.
Underwood v. Wing. July 18, 1854.

GIFT OVER TO SURVIVOR.
SURVIVORSHIP.

EVIDENCE OF

The testator and his wife were swept off the deck of a vessel at the same time, and were not seen to rise afterwards, but their daughter was a short time after seen by a sailor, who gave evidence thereof in a suit by her representative: Held, that the death of the testator and his wife must be presumed to be simultaneous, and that the plaintiff was entitled as against the defendant, to whom there was, under the wife's will, a gift over, in the event of the testator survicing herse'f, and who, under the testator's will, took upon the death of both and of their children.

THE testator, Mr. Underwood, by his will, dated in October, 1853, gave all his property to his wife for life, in case she survived him, and afterwards to their children, with a gift over to the defendant (whom he appointed his executor) absolutely, upon her previous death, and none of the children attaining 21, or if a daughter marrying. Mrs. Underwood had also, on the same day made a will, under a power, whereby she appointed to her husband,

TRANSFER OF CAUSE. -ASSENT OF JUDGE. if he survived her, with a gitt over to the de-. lofendant, in case her husband died before her. Held, that upon an application for leave to It appeared that they embarked in the Dal

housie for the purpose of proceeding to Aus-other Judges) said, that examiners were bound tralia, and that they were drowned when it was to take down the depositions in their own wrecked off Beechy Head. One of the sailors handwriting, but that in the present case, as gave evidence that when the ship was struck the parties had acquiesced in what had been the testator and his wife, together with two of done, the depositions would be filed. his children, were standing together and were all swept into the sea, and were not afterwards seen to rise to the surface, and that their other daughter, Catherine, was a short time after seen by him struggling in the water, and was lashed by himself and another seaman to a spar. The plaintiff, as personal representative of this daughter, who also perished, claimed the property as against the defendant.

R. Palmer and Prendergast for the plaintiff; Roupell and Baggallay for the defendant.

The Master of the Rolls said, that the death of the testator and his wife must be presumed to have been simultaneous, and that the gift over to the defendant, upon survivorship, did not take effect, and the property, therefore, went to the plaintiff as next of kin and personal representative of the daughter.

Vice-Chancellor Kindersley.
Stobart v. Todd. July 13, 1854.

SPECIAL EXAMINER UNDER EQUITY JURIS-
DICTION AMENDMENT ACT.-DEPOSITIONS.
-PRACTICE.

Held, that a special examiner, under the 15 &
16 Vict. c. 86, s. 32, is bound to take down
the depositions in his own handwriting, and
that it is insufficient when in that of his
clerk, although signed by the witnesses and
the examiner, but where the parties had
acquiesced in what had taken place, the
depositions were, under the circumstances,
ordered to be filed.

THIS was an application for a direction to the Clerk of Records and Writs to file certain depositions taken before a special examiner, under the 15 & 16 Vict. c. 86, s. 32,' although not in the hand-writing of the examiner but of his clerk. It appeared that they were signed by the witnesses and also by the examiner.

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In re Rose's Settlement. July 14, 1854. WILL.- CONSTRUCTION. DIVIDENDS ACCRUING DUE WITHIN YEAR. The testator, by his will, in pursuance of a power of appointment under his wife's will, appointed a sum of 2,000l. among his ne phews and niece equally, the share of such as should at his death have attained 21 to be paid within 12 months next after the same should happen without the interest and dividends due thereon, and the share of such as should not have then attained 21 to be paid on attaining that age or mar riage, provided neither happened within 12 months next after his death; and in that case within 12 months next thereafter: Held, that the dividends accruing due during the 12 months after the testator's death on the shares of the adult children went to the regiduary legatee.

THE testator, by his will, dated in July, 1851, in pursuance of a power of appointment under his wife's will, gave 2,000l., equally, unto and among his nephews and niece nominatim, share and share alike, and directed that the share or shares of such one or more of them as should at the time of his decease have attained the age of 21 years should be paid or transferred to him or her within 12 months next after the same should happen, without the interest or dividends due thereon, and the share or shares of such one or more of them as should not have then attained that age should be paid to them on their attaining that age, and the share of his niece on her attaining that age or marriage, provided neither of those events happened within 12 months next thereafter. Then followed a clause of survivorship, and a gift of the residue to Mr. Gray, his executor. The fund was paid into Court under the 10 & 11 Vict. c. 96, and this petition was presented on the question whether the dividends accruing due within 12 months after the Which enacts, that "the depositions taken testator's death fell into the residue or not. down upon any such oral examination as afore- Tripp for the legatees; Wickens for the resaid shall be taken down in writing by the ex-siduary legatee; Elderton and Giffard for other aminer, not ordinarily by question and answer, but in the form of a narrative, and when com- The Vice-Chancellor said, the testator's inpleted shall be read over to the witness, and tention was, that the dividends should not signed by him in the presence of the parties, go to them, but to the residuary legatee, or such of them as may think fit to attend and that if any of them attained 21 within the provided always, that in case the witness shall 12 months, the transfer would not be made refuse to sign the said depositions, then the until 12 months after the testator's death. examiner shall sign the same," &c.; and by s. 34, "When the examination of witnesses before any examiner shall have been concluded, the original depositions, authenticated by the signature of such examiner, shall be transmitted by him to the Record Office of the said Court to be there filed."

J. Hinde Palmer and Bagshawe, jun., for the respective parties.

The Vice-Chancellor (after consulting the

parties.

Stock v. Whitmore. July 17, 1854. ADMINISTRATION SUIT, COSTS OF-TESTA MENTARY EXPENSES. CONVERTING REAL

ESTATE.

Held, that the costs of an administration suit