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Extension of Inclosure Acls. 6. Extending time for enrolment of awards that behalf; and the Commissioners, or any under Common Fields' Act or Local Act. person authorised by them for that purpose,

7. Tenure of allotments in respect of rights. may take all such proceedings, and have all

8. Fencing and making roads dispensed with, such remedies for the recovery of such exin certain cases.

penses, as they, or the valuer acting in the 9. In all cases where any lands or heredita- matter of any inclosure, now have or may at ments are charged with any fee-farm rent, rent any time hereafter by law have for the recovery seck, rent of assize, or chief rent, or other an- of the expenses of or incident to any inclosure nual or periodical fixed rent, or other certain under the powers of the said recited Act. payment, any person interested, according 14. Where any money shall have been or to the provisions of the said Acts, in such may hereafter be paid to a Committee under lands, and in the said rent or other certain “ The Lands' Clauses' Consolidation Act, payment as aforesaid issuing therefrom, may 1845,” or under any railway or other special make application in writing to the said Com- Act by which money may have been directed missioners to apportion the said rent or other or authorised to be paid to a committee as fixed payment among all the lands charged with compensation for the extinction of commonable the payment thereof, and the Commissioners, or other rights, or for lands, being common upon receipt of such application, shall, by lands or in the nature thereof, the right to the themselves, or by an Assistant Commissioner, soil of which may have belonged to the coma or other person to be by them appointed for moners, and the majority of such Committee that purpose, make inquiry, and satisfy them- shall be of opinion that the provisions of such selves as to the expediency of such apportion- Act for the apportionment thereof cannot be ment; provided always, that if in any case satisfactorily carried into effect, such majority there shall be any doubt as to the extent, may make application in writing to the Comidentity, or boundaries of the lands and here- missioners to call a meeting of the persons in ditaments charged with any such rent or pay. terested in such compensation money, to dement, the Commissioners, Assistant Commis- termine whether or not such compensation sioner, or other person appointed by them as money shall be apportioned under the proaforesaid, shall inquire into and ascertain such provisions of this Act. extent, identity, or boundaries.

15. If the majority in number and interest 10. If the said Commissioners, after inquiry shall resolve that such compensation money made, shall be satisfied of the expediency of shall be apportioned, the amount of such comsuch apportionment, they may, by an order un- pensation inoney shall be forthwith paid into der their hands and seal, apportion such rent or the Bank of England, to the credit of an acother fixed payment among all the lands charged count to be named by the Inclosure Commiswith the payment thereof, and also, where ne- sioners for England and Wales ; and the said cessary, determine the extent, identity, and Committee shall be absolutely discharged from boundaries of the land and hereditaments all liability in respect of such compensation charged with such rent or payment; provided money upon payment thereof into the Bank that any specific portion may, upon the appli- of England as hereinbefore directed. cation of the person interested in such lands, 16. As soon as the said moneys shall have be charged and apportioned upon any close or been paid into the bank, the Inclosure Comcloses or other part of the estate in respect of missioners, or any Assistant Commissioner, which the said portion of rents or other fixed shall proceed to ascertain, determine, and payment was apportioned, so that in the judg- award the names of the parties who were enment of the said Commissioners such part of titled to such estates, rights, and interests in the estate be of not less than sis times the an- the said common and commonable lands, and nual value of the sum so charged thereupon. the amount or value of their respective shares,

11. Confirmation of order by the Commis. rights, and interests therein, and the proporsioners.

tionate amount of the price so to be paid as 12. And from and after the confirmation of aforesaid for such estates, rights, and interests the said order the owner for the tiine being of to which each party so entitled as aforesaid is the said rent or other fixed payment as afore- entitled, in respect of his share, right, or insaid, so far as the same has been apportioned terest as aforesaid; and the award of the Comupon the lands of persons interested and mak- missioners under their common seal, or Assisting application as aforesaid, shall have all such ant Commissioner in writing under his hand rights and remedies for the recovery of the ap- and seal, shall be binding on all parties claimportioned parts of such rent or other fixed pay-ing such estates, rights, and interests, as aforement' as against the portions of land severally said ; and for the purpose of ascertaining the charged therewith respectively as such owner rights and interests of such parties as aforesaid "would have had for the recovery of such rent it shall be lawful for the said Inclosure Comor fixed payment as against the lands originally missioners or Assistant Commissioner to call charged therewith in case no such order had such meetings as they or be shail think fit of

all persons having or elaiming any such rights 1913. The persons making such application as or interests in the said common and commonaforesaid shall pay the expenses incident to such able lands as aforesaid, atigueh time and place apportionment in such proportions and to such as the said Commissioners or Assistant Comamount the Commissioners shall certify in missioner shall think fits so as the same shall

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COSTS IN BANK

Extension of Inclosure Acts.-Law of Attorneys and Solicitors.

239 be appointed by a public' notice thereof in for the purpose of ensuring the payment thereo writing to be affixed at least twelve days before to the person or persons duly entitled to resuch meeting on the principal outer door of ceive the same, as the said Commissioners the parish church in which such land or any shall by any order direct. part is situate ; and to be inserted in one of 19. In all cases where the sum payable hy the public newspapers published or generally virtue of such award, in respect of any estate, circulated in the county in which such land is right, or interest, shall not exceed 201., and situate ; and at such meeting the said Com the person entitled to such estate, right, or missioners or Assistant Commissioner do and interest shall be under any disability or incashall proceed to examine into and ascertain all pacity, such sum shall and may be paid to the and every the claims which shall be made or guardian, committee, or husband of such perput forward in respect of any such rights or son; and where any such person shall have a interests as aforesaid, and the relative and pro- limited interest only in such estate, right, or portionate value of the estates, rights, and in- interest, the whole of such sum shall and may, terests of any person or persons claiming to nevertheless, be paid to the person having be entitled thereto, and for that purpose do such limited interest, to his or her guardian, and may employ any valuer or surveyor, and committee, or husband, as the case may be. call for and receive such records, deeds, and 20. This Act to be deemed part of “ The writings, and such other proof or evidence as Acts for the Inclosure, Exchange, and Imthe said Commissioners or Assistant Commis- provement of Land." sioner may think fit; and they and he are and is hereby authorised and required to take the testimony of any witnesses upon oath (which LAW OF ATTORNEYS AND SOLIoath they and he are and is respectively hereby

CITORS. empowered to administer), or to take the affirmation of such witnesses in cases where af- TAXATION OF BILL OF firmation is allowed by law instead of oath.

RUPTCY, WHERE LACHES. 17. All the costs and expenses of the Inclosure Commissioners and Assistant Commis

The solicitor to a fiat in bankruptcy was sionier, and of any valuer or surveyor employed discharged in July, 185), and another apunder the provisions herein before contained, pointed, and it appeared that he had deshall, in the first place, be paid out of such livered his bill of costs in the year 1850, compensation moneys, and the residue of the and that its amount had been either paid said moneys shall be paid and divided between to or retained by him out of the moneys and amongst the said several parties to be received on account of the estate. The new named in the award, and in the shares and solicitor, although acquainted with these proportions to be ascertained and set forth in such award, iar 101

facts on his appointment, had not taken 18. When it shall appear to the Commis. any objection to the bills nor intimated any sioners or Assistant Commissioner that any of intention to tax them before October, 1852. the parties entitled to such rights or interests On an appeal from the Commissioner diare only entitled thereto for a limited interest, recting a taxation, Lord Cranworth, L. J., then it shal} be lawful for them or him, by said, "I confess that I entertain great doubt their or his award, to direct that the moneys to whether there is authority, in the absence be paid in respect of such right or interest, of a case of fraud, to interfere under the where the same shall exceed 2ol. shall be paid to the trustees acting under the will

, convey- summary jurisdiction which is given or ance, or settlement under which such

.

person having such limited interest shall be interested the 37th section are all directed to the in such rights or interests, and where there are taxation of bills remaining unpaid. Then do trustees then into the hands of trustees to the 41st clause is directed to bills which be appointed under the hands and seal of the have been paid, and it contains this proviso: Commissioners, to be held by them on trusts • Provided the application for such reference similar to the uses or trusts to which such be made within 12 calendar months from rights or interests had been immediately before the payment of such moneys into the bank payment.' I doubt whether there was any subject to, or as near thereto as the said Com. jurisdiction to direct taxation; but, if there missioners or Assistant Commissioner can as- was, certainly this does not appear to be a certains and the rights or interests of all par- case for its exercise ; the bill having been ties to be ascertained in such award as afore-paid seven months before another solicitor said shall, as from the payment of such moneys was appointed, and no proceedings having to such Committee as aforesaid, be taken and been taken for a year and a half after the eonsidered as personal estate, and the receipts application was made.” Exparte Pemberbe paid as aforesaid shall be good and suffi- ton, in re Tyther, 2 De G., 'M'N. & G. 960. cient discharges for the same so provided that

insti!rejo {2017. Ili 311111101110017 the payment of all suchísums shall from time to list time be subject to such rules and regulations,

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240

Law of Costs.-United Law Clerks' Society.
LAW OF COSTS.

opinion that there has been an uncondi

tional tender to the defendants of a sum, OF SUIT TO REDEEM WHERE TENDER which they might either accept or refuse BY MORTGAGORS.

at their own peril. There must, therefore, The parties, in whom a mortgage be- be a decree for an account of what was due came vested, demanded by notice payment for principal, interest, and costs on the by the persons entitled to the equity of re- 18th of March last; and if the amount demption, of the mortgage money, and found due should not exceed 570., then stated their intention, in default of pay

the defendants must pay the costs of the ment to sell the property. At the expira- suit, but if the amount should exceed that tion of the notice, and 'in consequence of sum, then there will be the usual decree as difficulties arising in ascertaining what was

to costs as if there had been no tender.” due, the mortgagors made, on March 18, Harmer v. Priestley, 16 Bear. 569. 1853, an unconditional tender of 5701., which was according to their calculation UNITED LAW CLERKS SOCIETY. sufficient to pay the amount due for prin

cipal, interest, and costs. The mortgagees · declined to receive such amount, and the

We are glad to place before our readers a mortgagors then filed this suit to redeem. full report of the excellent addresses which

On a question as to the costs of the suit, were delivered at the Annual Festival of this the Master of the Rolls said, “I am of valuable Society, by Vice-Chancellor Sir Wm. opinion, that when the time fixed by the Page Wood, who presided, and by both the notice expires, the mortgagee is bound to Lords Justices and other distinguished memknow the amount due to him, and if that bers of the Profession, who kindly attended sum or a sum calculated by the mortgagor the meeting, and eloquently advocated the to be the probable amount of principal, interest, and costs, be tendered to him, un

cause of the Society. We gave the Annual conditionally, he is bound to accept it.

Report in a recent Number (p. 164, ante), and

A mortgagee is not bound to accept payment brethren to the important fact, that an eminent

would now particularly call the attention of our without proper notice given to or by him; but if, after proper notice, the amount is firm had come to the resolution of extending tendered to him, and he refuses to accept relief during age or sickness to such of their it, he does so at his own peril.

clerks as were members of the United Law In Harvey v. Tebbutt, 1 Jac. & W. 197, Clerks' Society. A small annual subscription Sir Thomas Plumer lays it down that a by each clerk will thus secure them from camortgagee is not, in all cases, entitled to lamities to which all are liable, and if the 80his costs; and in Shuttleworth v. Lowther licitors would take the trouble of exhorting (cited in Detillin v. Gale, 7 Ves. 586), the their clerks in general to join the Society, its mortgagee was even held bound to pay numbers would soon place it in a position that costs. In Wilson v. Cluer, 4 Beav. 214, a mortgagee in possession being found, on

would enable the Committee to increase the taking the account, to have been overpaid, liberal measure of relief to all the members costs were given against him. So in Roberts who may require it. v. Williams, 4 Hare, 129, the sum tendered The Twenty-Second Anniversary Festival of to the mortgagee before suit being greater this Society was celebrated at the Freemasons' than the balance found due, he was ordered Tavern, on Thursday, 22nd June. The Viceto pay the costs; and in Smith v. Green, Chancellor Sir William Page Hood presided 1. Coll. 555, the mortgagee was deprived of on the occasion, and was supported by the his costs. In all these cases there was a Q. C., and a numerous assemblage of each

Lords Justices, Mr. Serjeant Shee, Mr. Daniel, dispute as to the amount, but upon its ap- branch of the Profession. About 300 gentlepearing that the full amount had been re- men sat down to dinner. ceived by, or tendered to, the mortgagee, The Chairman, in proposing the health of the Court held, that he was not justified in her Majesty the Queen, said, he felt confident compelling the mortgagor to institute a that it was quite unnecessary for him to add suit for the purpose of taking the account.

anything to commend the toast to the warm A mortgagee is, no doubt, favourably reception of that assembly, and he would at looked on by the Court ; but he will not be

once propose

“ The Queen. allowed, by disputing the account, to throw

The toast was most cordially responded to.

The Chairman proposed the health of his the expenses of an unnecessary litigation Royal Prince Albert, Albert, Prince upon the mortgagor. In this case, I am of of Wales, and the rest of the Royal Family. United Law Clerks' Society.

241 Many and great were the blessings which they It might be imagined by some that the owed to Prince Albert as the Consort of her Society was already too prosperous and had Majesty. When they considered how much too much money, and that the benefit given to the happiness and welfare of England depended members in sickness and misfortune ought to on having a good example set in the home of be increased. But he was happy to say that the Sovereign,“when they reflected on how the Society was founded upon right principles, much the happiness and welfare of the country and, acting under very able advice, avoided was involved in the peace of mind and quiet many of the dangers encountered by societies repose of the Sovereign herself, so as to enable of that nature-namely, by taking too sanguine her to discharge all the duties of her state with a view of the state and prospects of their thoughtfulness, and a calm, undisturbed, and finances. It should be borne in mind that that happy mind,- he felt that he was not asking was only the 22nd year of its existence, and too much when he called upon them to join with that the period of its trial and distress was yet enthusiasm in drinking the toast he had pro. to come. posed. There was much reason to remember The statement read to them contained one the preserving industry which his Royal High- most extraordinary fact, namely, that among ness manifested in procuring for us the Exhi- upwards of 500 members and their wives-tobition of All Nations in 1851. He trusted that gether between 700 and 800-only one death the Prince might long be spared to witness the had occurred during the past year. That fact good and happy results of his peaceful efforts, spoke loudly in favour of the character of and that the Prince of Wales and the rest those who belonged to the Profession of the of the Royal Family might long continue under Law, and showed that they were men of temhis parental charge.

perate habits, and had guarded themselves The Secretary (Mr. Rogers) then read the against the excesses which so largely contrireport.

bute to swell the bills of mortality-proving The Chairman, in proposing the toast of the themselves to be men who did not mix hot evening — " Prosperity to the United Law liquors with their blood.” Clerks Society," said, they had met there on It appeared from the statement that a conan occasion extremely gratifying to them all, siderable sum had been expended during the as it was not only for the purpose of enjoying year in aid of members of the Profession who a very happy convivial day, but also for the did not belong to the Society, and this he conpurpose of discharging an important duty-forsidered a feature of considerable importance, he held it to be an important duty, that they and one that is not usually found in Associashould thus annually encourage each other in tions of this nature. There was also another a work so useful, and which, he was happy to distinguishing mark in connexion with the add, was increasing so prosperously, as ap- benefits conferred by the Society, namely, that peared from the statement they had just heard they were granted, not for any precarious read. One of the most pleasing features in the period, nor for any deferred period, but as report, to his mind, was, that of the fund con- soon as necessity required it, and that assisttributed during the last year, no less than ance was continued through life, or until the 1,1001. had been contributed by the members necessity for it should cease. But looking to themseloes. The only subject of regret was, that the fact that pressure will hereafter take place, the funds of the institution were not so great as and that some increase was about to be made every one would wish them to be-a defect, how-to the usefulness of the institution by the ever, which he hoped would be in some degree formation of a library, it would be seen how remedied before they separated that evening. It much reason there was that every one interwas in the power of those present to render ested in its welfare should exert himself in its service to the institution by using their inüu- behalf

. The library of the Society would be ence amongst the members of the Profession, invaluable ; at the present time when so many in inducing them to become subscribers. changes were taking place in the Court of Every one who had others in his employ to Chancery, there was great necessity for inwhom he might conceive the Society afforded creased facility for reading and obtaining inthe means of providing a resource for their formation on matters of law and practice by comfort and support in the time of misfortune those in the habit of attending the Chambers and old age, had it also in his power to bring of the Judges and other ficers of the Courts. the subject forcibly before them, and induce When they had a library to meet in they them to become members of the Society. would be more and more brought together ; Every Christian was bound to assist a brother and it was important for every profession that in his distress; but in supporting such an in- there should be a continual union amongst its stitution as the one in whose behalf they were members. The Solicitors and Attorneys had assembled, the increased pleasure was afforded now the means of communication afforded to of knowing they were assisting those who are them by the great Institution they had founded willing and who make every effort to assist in Chancery Lane; and it only remained for themselves—at the same time holding out in the members of the Law Clerks' Society to ducements to persons to become members of devise some similar means of bringing themthe Society, which he hoped would increase its selves into contact with each other, and he benumber of members from 500 to 1,500 before lieved none would be found so useful as the the next anniversary came round.

formation of a library.

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242

United Law Clerks' Society. He quite approved of the system adopted by to law and lawyers it was the fate of almost the Society of inquiring into cases for relief, every man sooner or later to lave recourse, for in his opinion relief without inquiry was | The views and ends of the institution, he said, useless. He could not but refer to the delight were such as to interest every portion of soand satisfaction which he experienced at meet- ciety-and which, in the absence of those ing them all on occasions such as the present, higher influences which ought to impel us in when the different branches and members of the cause of Christian brotherhood and good the Profession were gathered together; and he will, ought alone to be sufficient to induce us trusted they would always part with renewed to take an interest in its welfare. But it was feelings of kindness towards each other, with not mere personal considerations that influrenewed determination to exert their interest to enced those on whose behalf he thanked them the utmost to that end; and that this great -he asserted for them the impulse of a higher Profession, to be a member of which he had influence. always felt to be a great distinction, would Being in possession of the company, le continue to be united as one harmonious would ask their leave to propose a name well whole. He would conclude by proposing know to them all. It was not with a view to Prosperity to the United Law Clerks' So- shorten the time or the proceedings of that ciety,” -a toast which recalled to them the meeting, but because the name belonged to object for which they were assembled, and one to whom they were under special obigawhich they would drink he trusted, not merely tions for the meritorious manner in which he with their lips, but with the deep feeling of filled his laborious and weighty office. He was their hearts,

sure they would all cordially join in drinking The Secretary announced the list of sub. the health of the Chairman. scriptions which amounted to nearly 4001. The Chairman returned thanks. lle scarcely

Mr. Serjeant Shee proposed the next toast, knew how to express himself for the warın -“ 'The Lord Chancellor and the other patrons terms in which his health had been proposed, of the Society." When he considered the great and for the kind manner in which it had been advantages which that Society conferred upon received by the company. He was truly happy the whole body of the Profession—not merely to have amongst them the Lords Justices, upon those who might be supposed to be the who shed lustre wherever they might be. One most likely to become recipients of its pecuni- of them (the Lord Justice Knight Bruce), had ary benefits, but of the whole body of the Pro- filled, and far more worthily than he had been fession, from the highest to the lowest,- he enabled to do that evening, the office of chaircould not but think that those members of the man, on the occasion of an anniversary festival Profession who had arrived at high station, of the Society, in Lincoln's Inn Hall, and the and who were then in the position of patrons other (Lord Justice Turner) had kindly proof it, deserved to have their names mentioned mised to fill that office at the next anniversary. and received with great respect and honour. It was not with him as it had been in former It was a great mistake to suppose, however years with persons filling his office, who must great might be the personal merits, however have found it an exceedingly unpleasant ibing great the learning, however distinguished the to sit in judgment and to consider that any political station of those patrons of that So- error they might happen to make, would not ciety, that they owed all the advantages they be corrected for years afterwards--thanks to now posségs or the station they filled solely to the recent alterations in the Court & Chancery, their own merits. They owed them in a great that which would have formerly required, a degree to the sound judgment and intelligent course of years could now be done by the appreciation of the great body of the Profor

Levius Justices in a few weeks. In conclusion,

the rest, and also had at some time or other presided at their an- in which they had drank his nual meetings,-many, if not all, the inembers for the kind assistance which, as a Judge, he of the Bar had coritributed to its funds,-and had experienced from their labours, and inall were well wishers of the institution. He dustry on all'occasions. was sure there was no one present who would Mr. Daniel, Q.C., proposed "The Bench, the not join with him in drinking heartily

the toast Bar, and the Profession of the law.and adoras

so remarked that the Professiona connected with (The Lord Justice Knight Bruce returned far as they were concerned, thanks. In the absence, and perhaps in the it both hopes and fears. It presented to some presence of some better entitled to acknow. the glorious achievements of the past to others ledge that kindness, he did so for those on the anxious destinies of the future to all it whom it had been conferred, and he would presented encouragements to delete als

had ik that to which they had desired, and continued to de- which were looking

at forward. He had sire, the success and prosperity of the institu- had the pleasure on several occasions of being tion in honour of which they were there as- present at the annual festival of the Society sembledorean institution of which he would he would not say that the

gratification he felt

was gr only say that its views and ends were such as born to that was enough to the who that

felt on have anything to do with law and lawyers, and any former occasion. He had much pleasure

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