of that nature-namely, by taking too sanguine a view of the state and prospects of their finances. It should be borne in mind that that was only the 22nd year of its existence, and that the period of its trial and distress was yet to come.

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 her to discharge all the duties of her state with thoughtfulness, and a calm, undisturbed, and happy mind, he felt that he was not asking too much when he called upon them to join with enthusiasm in drinking the toast he had proposed. There was much reason to remember the preserving industry which his Royal Highness manifested in procuring for us the Exhibition of All Nations in 1851. He trusted that the Prince might long be spared to witness the good and happy results of his peaceful efforts, and that the Prince of Wales and the rest of the Royal Family might long continue under his parental charge.

The Secretary (Mr. Rogers) then read the

report.

The statement read to them contained one most extraordinary fact, namely, that among upwards of 500 members and their wives-together between 700 and 800-only one death had occurred during the past year. That fact spoke loudly in favour of the character of those who belonged to the Profession of the Law, and showed that they were men of temperate habits, and had guarded themselves against the excesses which so largely contribute to swell the bills of mortality-proving themselves to be men who did not "mix hot liquors with their blood."

The Chairman, in proposing the toast of the evening "Prosperity to the United Law 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-for sidered 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 1,1007. had been contributed by the members necessity for it should cease. But looking to themselves. 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 in-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. Every one who had others in his employ to whom he might conceive the Society afforded the means of providing a resource for their comfort and support in the time of misfortune and old age, had it also in his power to bring the subject forcibly before them, and induce them to become members of the Society. Every Christian was bound to assist a brother in his distress; but in supporting such an institution as the one in whose behalf they were assembled, the increased pleasure was afforded of knowing they were assisting those who are willing and who make every effort to assist themselves at the same time holding out inducements to persons to become members of the Society, which he hoped would increase its number of members from 500 to 1,500 before the next anniversary came round.

changes were taking place in the Court of Chancery, there was great necessity for increased facility for reading and obtaining information on matters of law and practice by those in the habit of attending the Chambers of the Judges and other officers of the Courts. When they had a library to meet in they would be more and more brought together; and it was important for every profession that there should be a continual union amongst its members. The Solicitors and Attorneys had now the means of communication afforded to them by the great Institution they had founded in Chancery Lane; and it only remained for the members of the Law Clerks' Society to devise some similar means of bringing themselves into contact with each other, and he believed none would be found so useful as the formation of a library.

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 have 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 influ renewed 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 continue to be united as one harmonious whole. He would conclude by proposing "Prosperity to the United Law Clerks' Society," a toast which recalled to them the object for which they were assembled, and which they would drink he trusted, not merely with their lips, but with the deep feeling of

their hearts.

would ask their leave to propose a name well Being in possession of the company, he know to them all. It was not with a view to shorten the time or the proceedings of that meeting, but because the name belonged to one to whom they were under special obligations for the meritorious manner in which he filled his laborious and weighty office. He was sure they would all cordially join in drinking the health of the Chairman.

The Secretary announced the list of sub scriptions which amounted to nearly 4007. The Chairman returned thanks. He scarcely Mr. Serjeant Shee proposed the next toast, knew how to express himself for the warn "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 thing 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 possess or the station they filled solely to the recent alterations in the Court of 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 rus Justices in a few weeks. In conclusion, sion. ne believed the patrons of the Society he again expressed his thanks

had at some time or other presided at their an- in which they had drank R

manner

and also

nual meetings, many, if not all, the members for the kind assistance which, as a Judge, he of the Bar had contributed to its funds,-and had experienced from their labours and inall were well wishers of the institution. He dustry on all occasions. 170111 was sure there was no one present who would Mr. Daniel, Q.C., proposed "The Bench, the nót join with him in driuking heartily the toast Bar, and the Profession of the Law," and in doing he had proposed.

so remarked that the Profession of

The Lord Justice Knight Bruce returned far as they were concerned, had connected with 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; venturers to answer for theds and he would presented encouragements to duty, as well in with support of that which they then had as that to which they had desired, and continued to de- which they were looking 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 sembled an institutions of which he would he would not say that the gratification he felt only say that its views and ends were such as that s importantly to concern the interests of all who equal to that which he had felt on was greater it was enough to say was equal have anything to do with law and lawyers, and any former occasion. He had much pleasure

Affidavit in Bankruptcy.—Extracts from Parish Registers.--Manor of Kennington.

243

in proposing "The Bench, the Bar, and the precedent, the Court would make one in this Profession." case. That such a form of attestation was

1

The Lord Justice Turner said, as his name sufficient appeared plain. The Legislature inhad been associated with the toast, he could

---

should be attested by the certificate of a notary. Where affidavits were made before a British minister, consul, or vice-consul, no notarial certificate was required; and the reason for that was, because the fact of such persons filling their respective offices was easily capable of proof, independently of any notarial attestation or certificate. Exparte Bird, in re Carne, 2 De G., M'N. & G. 963.

not have any hesitation in taking upon himself tended that affidavits should be sworn before the duty of thanking them for its reception. some functionary duly authorised to receive He thought the toast a very good one, combin- them, and that where such functionary was a ing as it did the whole Profession. He believed foreign functionary, the fact of his authority that so long as the Profession remained united, it would be difficult to make any impression unfavourable to its continuance or prosperity. They would all remember the old fable of the bundle of sticks: how easy it was to break them singly, and how impossible it was found to do so when bound together. This old fable should teach the Profession a great lesson, when united together for objects important and right in themselves they could not be assailed successfully, but when disunited they were unable to protect themselves from injury. Union for a just and righteous cause was me. ritorious. Disunion amongst those who were aiming at the accomplishment of a just and proper object only excited our pity and contempt. Every person amongst them who had others in his employ must know how much his personal interest was connected with those immediately in his service, and he thought they would all feel it was their bounden duty to render assistance and support to those dependent upon them, and who were members of this Society. It was to him personally a great gratification to see so many assembled that evening, and he hoped the results would be conducive to the best interests of the Society, and that it might continue to flourish as it well deserved.

Mr. W. Rogers proposed the health of the trustees of the Society, which was warmly responded to.

Mr. H. W. Cole returned thanks in the ab

sence of the trustecs.

The Chairman then proposed the health of the Ladies, who, he trusted, might never have a more disagreeable impression of the Law than had been made upon them that evening.

L

NOTARIAL ATTESTATION

ÓF FOREIGN AFFIDAVIT IN BANKRUPTCY.

SIGNATURE OF EXTRACTS FROM
PARISH REGISTERS.

CERTAIN documents purporting to be copies of, or extracts from, parish registers, were signed thus :-"A. B., incumbent," or “A. B., rector," or "A. B., vicar," or "A. B., curate.'

The Lords Justices said, that the words rector or vicar, in the copies might, by a reasonable intendment, be taken to mean rector or vicar of the parish or place mentioned in the copy, but that where the words were only incumbent or curate, it might be a question whether such persons were the proper persons to have the custody of registers. Solicitors would save themselves and the Court much

trouble, and their clients expense, if in all such cases, to the name of the person signing the extract, the words "of the aforesaid parish" were added. In re Hall's Estate, 2 De Gi, M'N. & G. 748.

ENFRANCHISEMENT OF COPYHOLDS, 10 To the Editor of the Legal Observer... {{: SIR, Your correspondent" FAIR PLAY," on the 8th July, charges the petition of the copyholders of the Kennington manor (which was inserted in The Observer of June 117) with "passion, prejudice, unfairness, and in justice." Heavy charges, no doubt, if true, and which he makes a mere show of supporting in the following easy and off-hand wayd→→ odw

Ax affidavit under the 12 & 13 Vict. c. 106, & 8. 243, purported to be sworn before a magistrate at New York, and there was a notarial certificate that the gentleman described in the jurat as a magistrate actually filled that office. On an objection being taken to the sufficiency of the attestation on the ground that 1. "The tone of the petition generally" the notary was not present when the affidavit (says "FAIR PLAY") and the charge of attempted extortion shows passion." Now, with was sword, Lord Cranworth, L. J.; asked if regard to "the tone" of the petition, if your there, was any settled practice or authority correspondent's mode of argument had been a upon the point? and being informed that none little more in unison with his signature, if in Fad been found, said, that if there were no fact he had not been himself blinded by one

9

244

Manor of Kennington-Enfranchisement of Copy holds.

or all of the four faults which he charges upon they recommend the continuance of the tenure the petition, he could not have failed to see with commuted rights, shows unfairness." The that all the strong language contained in it, cause of unfairness in omitting to notice the and which is comprised in the passages given Commissioners' 6th Report, would of itself be in italics, is that-not of the petitioners them- unfair, unless such omission was intentional, selves, but-of the Real Property Commis- which I am warranted in saying it was not. sioners and of the Select Committee of the But on looking carefully at this report, I find House of Commons, and is merely cited by the no ground whatever for alleging that the Competitioners as the opinions of very high autho- missioners have at all changed their opinion as rities, in support of the prayer of their petition. to the desirableness of entirely abolishing copyThe charges of causing litigation and extortion, hold tenure, although on account of the oppoof much needless expense and difficulty, of pre- sition in certain quarters, and other adverse venting or checking improvements, and of mute- influences, they doubt its practicability. They, rially diminishing the public wealth, are charges therefore, recommend "a limited system of brought against copyhold tenures generally by compulsory commutation;" but it is to be such the Real Property Commissioners. The stigma a system as will entirely remove, not merely of being ill adapted to the wants of the present what they here call the "vexations," but likeday, and a blot on the judicial system of the wise what they denominate "the substantial country,-of being highly inconvenient to the economical evils of the copyhold tenure." owners of the land and prejudicial to the general These (they again assert) consist in uncertain interests of the State, and of operating, where fines which drive capital from improvements the fine is charged upon the improved value, as on the land, and in rights of timber, and to a a tax upon the capital of the copyholders and a control over buldings, which rights are found direct check to all building and all agricultural pernicious. improvements, is a stigma attached to copy- A reference to that report seems, however, hold tenures, not by the petitioners, but by a in fact to be of less consequence, inasmuch as Select Committee of the House of Commons. the House of Commons, which is the authority The strong and energetic language employed that must chiefly deal with the question, has in (as appears above) both by the Commissioners no way indicated that even such a commutaand by the Committee, in the discharge of tion of rights would be considered by it as an solemn public duties, sufficiently indicates adequate substitute for "the ABOLITION of their respective opinions as to the nature and copyhold tenure," which the Committee has extent of the mischiefs and inconveniences declared (as stated by the petitioners) "would arising out of copyhold tenures; and the term not only be a great public benefit, but should extortion," objected to by "FAIR PLAY," be made, if possible, a national object." This nowhere occurs in the petition, except in the disposes of the charge of "unfairness." passage above quoted from the Report of the Commissioners. The charge of " passion," therefore, as applied by an anonymous writer to these two public authorities, is simply ri. diculous.

4. "The attempt to deprive the lord of a portion of the rights to which he is clearly entitled, subject to which the copyholders took their property, and the extent of which they had ample means of knowing, shows "in2. "The attack on the system of copyholds justice." Instead of an argument, this is a universally, because in a single manor incon- mere petitio principii, a begging of the whole venience may be felt under special circum- question at issue between the authorities and stances, shows prejudice." It requires but a the copyholders of the manor of Kennington. very small degree of discrimination to perceive It is denied in toto that the lord is entitled to that the language employed both by the Com- the rights of which the copyholders complain. missioners and the Committee, and likewise But to come to proofs. the opinions of the eminent lawyers, states- Take, for example's sake, the case of a small men, and political economists, referred to by plot of copyhold ground which has become the petitioners at the outset of their petition, eligible for building, and is now let for that point expressly to the objections and evils in- purpose. Suppose this ground, with a frontcident to copyhold tenures generally, and by age of from 40 to 50 feet to have been worth no means to any inconvenience felt merely 17. a year in its original state as land, and being under special circumstances in any single manor. The prayer of the Kennington copyholders' petition points to two different objects, the one to remedy the mischiefs in their own manor, the other to redress the grievances incidental to copyholds generally. The authorities cited are cited of course in support of the latter object which disposes of the charge of "prejudice."

3. Quoting the opinion of the Committee (says " FAIR PLAY") "in favour of the entire abolition of copyholds, and keeping back the carefully prepared 6th Report of the Commissioners made long subsequently, and in which

now built upon, to be at present worth 107. a year by way of ground-rent to the lessor or copyholder, and 100l. a year by way of improved or occupation rent to the lessee or builder, under a lease for a term of (say) 70 years. Now, it is quite clear that the advantage which the lessor or copyholder derives from this building operation, is the immediate conversion of a rent of 17. into one of 101. a year, thus at once increasing the value of the property ten fold, with the future prospect in reversion of the improved rent of 100l., thus increasing it again on the expiration of the term in the same ratio. This being so, can

Manor of Kennington-Enfranchisement of Copyholds.

245

being tired of paying interest at a rate which nearly absorbs his rental, viz., 8l. or 91. out of 101. a year or from pressure, or any other cause, resolves, or is obliged to sell, another fine thus becomes payable. If, on the other hand, the copyholder should happen to die, his representatives would, of course, find themselves in no more enviable position than himself. In either case the lord now comes to give the orange another squeeze, forgetting that, as he extracted two-thirds of the juice before, there is now only one-third left. But resuming, for the purpose of illustration, the case of sale, how are all the demands to be satisfied? The present value of the copyholder is about 2401. Of this sum the mortgagees' claim 180l., being in fact the amount of the former fine. The copyholders' equity of redemption is, therefore, worth no more than about 60%., and upon this the lord again demands a simi

anything be more clear than that the amount of advantage to the lessor or copyholder, in the way of present and prospective rent is, or ought to be the precise measure of advantage to the lord, in the way of present and prospective fine, and one with which he ought to be abundantly satisfied. Upon the original value of the land he was entitled on death or alienation to a fine of 21., being two years' value, and no more. Being now built upon, he is become entitled to a fine of 201. on the ground-rent reserved; and on the expiration of the lease, but not before, he can fairly claim a full fine of 2007. on the rackrent or improved value. During the continuance of the lease this rent (minus of course the ground-rent) belongs by clear and indisputable right, to the lessee or builder, and to no one else. It is the equivalent he gets for his expenditure in building, which expenditure is the sole cause of the improved value of the land. To obtain, therefore, this improvement, the copyholder lar fine, being about thrice the amount! Whemust be contented with the progressive increase of his rent, first from 17. to 10l., and ultimately from 107. to 100%., and with the same object in view, the lord must be contented with the progressive increase of his fine in the same ratio. But if he is so unreasonable as to desire to charge the copyholder with a present fine upon a future and remote interest, let us see how this palpable injustice will work.

Suppose a copyholder or lessor to die, and that the lord demands from the heir or devisee a fine of 2007., being two years' improved value, this is in fact a tax upon the interest, both of the lessor and the lessee, the latter being entitled to no more than 901. a year after deducting the ground-rent. But suppose again, that in order to avoid the anomaly and odium of taxing both parties, his own immediate tenant and his tenants' tenant, the lord allows the ground-rent to be deducted and assesses the fine at 180/. This exorbitant charge upon the copyholder, whose entire interest or customary fee before the land happened to become available for building, was worth at (say) 24 years' purchase on the original rental, about 241, and no more, and on the present groundrent about 2407., amounts to an absolute confiscation of something like two-thirds of his property! Although all these figures are, of course, assumed, for the purpose of argument and illustration, yet, keeping in view the relative proportion which the ground-rent upon a building lease usually bears to the improved or rack-rent, it will be found in practice that upon this comparatively novel mode of assessing fines, an amount varying from one-half to about two-thirds, would be the average measure of this unjustifiable confiscation. Let us now follow the exaction and its consequences, to its next stage.

ther this is to be paid by the vendor, or by the purchaser, signifies nothing to the purpose, for it is at any rate the copyhold which must pay it. If an intending purchaser finds that, instead of assessing fairly a fine of 201. upon the ground-rent, which is the thing he is about to buy, he will have to pay 180/. in respect of the improved or rack-rent, which belongs to somebody else, and which will not come within his own grasp for perhaps 50 years to come, he will of course do one of two things: he will either decline to buy at all, or he will deduct the proper fine from the fine exacted, and will then give just 1607. less for his copyhold than he would otherwise have given and than it ought to be fairly worth,--that is to say, 1007. instead of 2401. If, therefore, the lord persists in his unjust demand, the vendor will not only be mulcted of his equity of redemption, but must make good the deficiency to the mortgagee; or, if unable to do so, the latter must likewise be mulcted of nearly half his mortgage-money. If, however, it should happen, in some more favourable instance, that the ground-rent, which represents the value of the copyholder's interest, should bear a somewhat larger proportion to the rack-rent, on which the lord unreasonably demands to assess his fine, then it might possibly confiscate not more than about one-half of such interest. In this case, the mortgagee might get back his money, which went to pay the first fine, and the lord would take all the rest in satisfaction of the second.

To return, then, to the case of the manor of Kennington,-whether such a right as this be, as your correspondent, "Fair Play," asserts, "a portion of the rights to which the lord is clearly entitled," and the resistance to which fairly lays the copyholders open to the charge To place these consequences in a clear light, of "injustice," may be safely left to any imwe will suppose that the heir or devisee, not partial person to decide. It presents one inbeing provided with the money, mortgages the superable bar, (as laid down by the Committee property for 180l. to satisfy the fine, although, of the House of Commons) to all buildings if he should pay it out of his own funds, the and improvement, and the refusal to grant any effect is precisely the same. Suppose next, license for a building lease for a longer term that after a few years the copyholder, either than 30 years, unquestionably presents an