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The Legal Obserber,

AND

SOLICITORS JOURNAL.

SATURDAY, AUGUST 5, 1854.

REMUNERATION OF SOLICITORS. first impression, may appear startling and

difficult, if not impracticable, to carry into The tide of public opinion has so effect ; but the difficulties are greatly lesstrongly set in against the continuance of sened by examination and reflection; and all proceedings which may be deemed use- looking at the example of Scotland, India, less or unnecessary, that we can scarcely and other parts, we need not despair of expect the alterations will stop at the pre-establishing a similar scale of allowance in sent curtailment of legal proceedings; nor this country, which will not only be adcan we shut our eyes to the fact, that in vantageous to the Profession - save infinite consequence of the remuneration for pro- trouble in the details of bills of costs,fessional services being in a great measure afford a just recompense to the solicitor, dependent upon the length of documents, and be generally satisfactory to the public. the pruning knife may be still further em- Of course the per centage would vary acployed, with far more disastrous conse- cording to the amount sought to be requences to the practitioner than we have covered, and the nature of the duties to be hitherto witnessed.

performed ; but it can scarcely admit of a In these circumstances, no time should question that a suitor would much more be lost by the Profession in taking into readily submit to the risk of a certain liabitheir serious consideration the best mode of lity of five, ten, or more per cent., than be guarding against the injurious consequences exposed to the possibility of having to pay to which we have alluded. It will not be double the sum sought to be recovered. It sufficient to wait in the hope of stemming is suggested, that were this rule established, the torrent when it comes. All attempts legal proceedings would be increased at that may then be made will be attributed least tenfold, and that had it been in opeto self-interest, and the outcy will be raised ration, the outcry for the larger part of that we are opposed to amendment because our modern Law Reforms could never have it will affect our own interests. The mem- been raised. At all events, the constant bers of the Profession should boldly take apprehension to which the Profession is at the first step, and show to the Public that present subjected from the incessant changes their only desire is to secure a fair remune. which are proposed, would be in a great ration for their services, and enable them to degree removed. maintain their station in society as gentle- Architects and engineers are paid by a men, which by rank and education they are per centage on the cost price of the works entitled to claim, and in the maintenance of executed under their plans and superintendwhich the Public are as much interested as ence, and no one questions the propriety of themselves.

the rate at which they are remunerated for We would again, therefore, recommend their skill and labour. For example, if the that it be considered whether some rules Temple Church, or Lincoln's Inn New Hall could not be established for payment of and Library, or the buildings of the Incorprofessional services by a percentage on porated Law Society, cost 30,0001., the the amount claimed or recovered in all suits payment of 5 per cent., or 1,5001., on that and actions in lieu of the present mode of large outlay would not be deemed extravaremuneration. This proposition, on the gant ; and yet how much better is an Archi

VOL. XLVIII. No. 1,378.

P

SIGNEES OF EXECUTOR AND RESIDUARY
LEGATEE.

252

Superior Courts : Vice-Chancellor Wood.

for any purpose whatever. The w"

proceeded, " It was my intentio In an administration claim by an executor

left the house, blacksmith's sho and a residunry legatee, his assignees were

mises for the purpose of br made defendants on his becoming insolvent :

into a school-room, but Held, that the plaintiff and his co-executor

law of mortmain preor must have their costs as between solicitor the heir-at-law would/ and client, and the assignees as between fore gare the same tr party and party, out of the estate.

will convert it into It appeared, in this administration claim,

that the bequest filed by an executor and a residuary legatee,

might be estab' that upon his becoming insolvent his assignees

land by hirins were made defendants, and the question now

purpose. arose whether they were entitled to separate

THE testator costs.

bis will, desir Southgale for the plaintiff; Daniel and Rou- on debentur pell for the defendant and co-executor ; J. H. Birmingh? Palmer for the assignees.

brought The Vice-Chancellor said, that the plaintiff the inte and his co-executor must have their costs as applie between solicitor and client, and the assignees the y as between party and party, as they were ne- giv cessarily brought before the Court.

b

AND

PS JOURNAL

Legal Obserber,

va

In re Deacon's Trust. July 20, 1854.
CHARITABLE BEQUEST. - - MISDESCRIPT

OF OBJECT.
A testator gave a legacy to the "
Lying-in Hospital for Unmarried

ACT REFERS.
in London.It appeared there
institutions for that purpose in

Date of Prothat one had been elsewhere

County.

visionalOrder. the will and provided for : other was entitled to the le

cougb Com. The testator, Charles D.T

Kent

April 4, 1850. gave (inter alia) a legacy

utton

York

Dec. 22, 1833. Lying-in Hospital for U

Chalford

Oxford Feb. 2. 1854. London.” It appeared,

Wanwood Pasture ate.

Cumberland . July 22, 1853.

Stanmore. Chief Clerk, that there

Berks

Mar. 2, 1854.

Buriton pitals, viz., in the Yo

Southampton. Mar. 16, 1854.

Snettisbam Warren Queen Charlotte's

Norfolk.

Mar. 16, 1854.

Woodmancote The Chief Clerk b

Gloucester ule, c. 36, p. 216.

Mar. 50,1854.

Hatfield Forest Essex Lambeth instituti

April 6, 1834. -5, p. 218.

Haverbill.

Suffolk . James, W. H

April 6, 1851,

South Weston, Wheatthe several par nesses, c. 34, p. 235.

tield, and Stoke TalThe Vice.

mage

Oxford.

June 23, 1853. pital at St

Hutton provided f

Drungexick must hay

OCH IN ECCLESIASTICAL COURTS.
17 & 18 VICT. C. 47.

Benbill Wood Surrey June 8, 1854. which

Hereford

Elstead
Aet and improve Mode Cusop
Evidence in the Ecclesiastical Courts

Surrey.

June 27, 1854. band and Wales. [24th July, 1854.] Gamblesby and Big.

lands

Cumberland June 26,1854. enected, That in any suit or proceed - Cove

Southampton . May 25, 1854. ing depending in any Ecclesiastical Court in Wales, the Court (if it shall think

ABOLITION OF CINQUE PORTS' cause to be examined witnesses by word of fit) may summon before it and examine or

JURISDICTION. mouth, and either before or after examination by deposition or affidavit; and notes of such evidence shall be taken down in writing by the This Bill, which has been brought in by Judge or registrar, or by such other person or the Government, proposes to abolish the persons, and in such manner, as the Judge of jurisdiction of the Lord Warden of the he Court shall direct.

Cinque Ports, and the Constable of Dover Castle, in all civil suits and proceedings, both at law and in equity; and to provide

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Somerset
Sussex.

May 4, 1854. May 4, 1854.

May 16, 1854.

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plition of the Cinque Ports' Jurisdiction.-Chancery Amendment Bill. - Review. 255

30th September next, all It is also proposed that the powers given nents shall be executed as by the 15 & 16 Vict. c. 86, s. 63, of makrespective counties of ing general rules and orders shall extend to

and include the summoning of jurors and and other places, witnesses, and the trial of issues of fact. Vover, are to be The commencement of the Act will be

part of the from and after the 1st day of November
f Winchel- next.
of their

die von
'stle NOTICES OF NEW BOOKS.

al Obserber,

The Charitable Trusts' Act, 1853. The

Orders, Regulations, and Instructions
issued pursuant thereto; and a Selection
Schemes, with Notes, preceded by a
nary of the Law of Charities. Ву

DAVIES TUDOR, Esq., of the
Temple, Barrister-at-Law. Lon-
iam Henry Bond ; Wildy &
Villiam Amer. 1854. Pp.

RVAL

work Mr. Tudor has arranged ubjects treated of in the following .uer :- 1st. What constitutes a charitable

trust, and what under the 43 Eliz. c. 4, or Lan- otherwise, may be its objects. 2nd. What uption to constitute superstitious as contra-distin

The Stan- guished from charitable uses. 3rd. What uy also, perhaps, regulations the policy of the law prescribes ur exception. These for the validity of gifts to charitable uses by

having distinct Judges the 9 Geo. 2, c. 36. 4th. The jurisdiction ud rules of practice, of course over charitable trusts. 5th. The mode of additional expense, as well as in- procedure in cases of charitable trusts, both

with the equal and uniform admi- according to the old practice and under the nistration of the law.

Charitable Trusts' Act, 1853. 6th. The

construction of gifts to charities, and the adCHANCERY AMENDMENT BILL.

ministration of their funds. 7th. The powers GE

and duties of trustees of charities, and the

extent of remedies in cases of breach of ASSESSMENT OF DAMAGES.

trust. 8th. The appointment and removal

LOC SINCE we laid before our readers the of trustees, schoolmasters, and others confirst edition of this Bill (see ante, p. 198), nected with charities. 9th. Fiscal regulaby which it is proposed to empower the tions as to property given to charities. Court of Chancery to award damages in

In the Introduction to the Volume, Mr. cases of breaches of covenant, &c., the fol- Tudor remarks that charitable trusts prelowing important provision has been added sent many anomalies when compared with

Times batrana 2 -enabling the Court to empannel juries and other trusts to compel the attendance of witnesses :- “None at first are more striking than the

- For the better assessing such damages, peculiar favour shown by the Court of Chanand for determining any question of fact cery in holding gifts to charitable purposes to that may arise in any cause, or matter, it be good, which had they been given upon orshall be lawful for the said Court (if it dinary trusts would have been void, either on shall so think fit) to empannel juries and account of the uncertainty or failure of the percompel the attendance of witnesses, and for sons or objects for whom they were destined. such purposes to exercise all the powers for the Legislature has interfered by 9 Geo. 2, c.

Again, on the other hand, the mode in which compelling the attendance of jurors and 36 (commonly called the Statute

of Mortmain), witnesses which are now vested in any of to prevent gifts to charities of anything savourher Majesty's Courts of Record at West-ing of realty except in the manner there preminster.

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254 New Statutes effecting Alterations in the Law.-Abolition of Cinque PortsJurisdiction. tect remunerated than a Solicitor who in- COMMONS INCLOSURE (no. 2.) vestigates the title to, and prepares a convey

17 & 18 Vict. c. 48. ance of large property, or tries an action of

An Act to authorise the Inclosure of certain great importance ? We are aware, however, that there may

Lands in pursuance of a Special Report of

the Inclosure Commissioners for England be suits or actions, or other professional and Wales. [24th July, 1854.] business, in which the per centage rule

Whereas the Inclosure Commissioners for cannot apply, because the question to be England and Wales have, in pursuance of decided is not a pecuniary one, or only par- "The Acts for the Inclosure, Exchange, and tially so. In such cases there should either Improvement of Land,” issued their provibe a special agreement, or the remuneration sional orders for and concerning the proposed be regulated by the usual scale of a solicitor's inclosures mentioned in the schedule to this charges; and to meet the objection that the Act, and the requisite consents thereto have client may not be able to ascertain the

been giren : And whereas the said Commisvalue of the services to be rendered, or opinion that such proposed inclosures would

sioners have by a special report certified their may be unduly influenced by the solicitor, be expedient ; but the same cannot be prowhere such agreements are entered into, ceeded with without the previous authority they may be subjected to the revision of of Parliament: Be it enacted Taxing Master.

1. That the said several proposed inclosures mentioned in the Schedule to this Act be pro

ceeded with. With the principal part of these sugges

2. In citing this Act in other Acts of Parliations, we have been favoured by a solicitor ment, and in legal instruments

, it shall be sufof much experience, and we trust they will Annual Inclosure Act, 1854,” or “The Acts

ficient to use either the expression "The Second be followed by other communications.

for the Inclosure, Exchange, and Improvement

of Land.” NEW STATUTES EFFECTING ALTE- SCHEDULE TO WHICH THIS ACT REFERS. RATIONS IN THE LAW.

Inclosure.

Date of ProCounty.

visionalOrder. 17TH VICTORIA, 1854. The Acts of the present Session printed in Queenborough Comthe present Volume, with an Analysis to each, Sutton

Kent

April 4, 1850. York

Dec. 22, 1833. will be found at the following pages :

Chalford.

Oxford. Feb. 2. 1854.

Wanwood Pasture Income Tax, cc. 17, 24, pp. 46, 134, ante.

Cumberland . July 22, 1853. Stanmore.

Berks Mar. 2, 1854. Commons' Inclosure, c. 9, p. 64.

Buriton

Southampton . Mar. 16, 1854. County Court Extension, c. 16, 121.

Snettisham Warren Norfolk.

Mar. 16, 1854, Woodmancote. Gloucester

Mar. So, 1854. Registration of Bills of Sale, c. 36, p. 216.

Hatfield Forest Essex Warwick Assizes, c. 35, p. 218.

Haverhill.

Suffolk. Attendance of Witnesses, c. 34, p. 235.

South Weston, W beat

field, and Stoke Tal-
mage

. Oxford.

June 93, 1853. EVIDENCE IN ECCLESIASTICAL COURTS. Hutton

Somerset
Drungewick

Sussex
17 & 18 Vict. c. 47.

Benbill Wood Surrey

June 8, 1854. An Act to alter and improve the Mode of Cusop

Hereford

Elstead taking Evidence in the Ecclesiastical Courts

Surrey ·

June 27, 1854. of England and Wales. [24th July, 1854.]

Gamblesby and Big.
lands

Cumberland , June 26, 1854. Be it enaced, That in any suit or proceed. Cove

Southampton. May 23, 1854. ing depending in any Ecclesiastical Court in England or Wales, the Court (if it shall think fit) may summon before it and examine or ABOLITION OF CINQUE PORTS' cause to be examined witnesses by word of

JURISDICTION. mouth, and either before or after examination by deposition or affidavit; and notes of such evidence shall be taken down in writing by the

Tais Bill, which has been brought in by Judge or registrar, or by such other person or the Government, proposes to abolish the persons, and in such manner, as the Judge of jurisdiction of the Lord Warden of the ke Court shall direct.

Cinque Ports, and the Constable of Dover Castle, in all civil suits and proceedings, both at law and in equity; and to provide

mon

April 6, 1854.
April 6, 1854.

May 4, 1854.
May 4, 1854.

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May 16, 1854.

Abolition of the Cinque Ports' Jurisdiction.-Chancery Amendment Bill.- Review. 255 that after the 30th September next, all

It is also proposed that the powers given process and judgments shall be executed as by the 15 & 16 Vict. c. 86, s. 63, of makin other parts of the respective counties of ing general rules and orders shall extend to such Cinque Ports.

and include the summoning of jurors and The parishes of Margate and other places, witnesses, and the trial of issues of fact. hitherto in the liberties of Dover, are to be The commencement of the Act will be severed therefrom, and form part of the from and after the 1st day of November county of Kent; and the towns of Winchel- next. sea and Rye, are to form parts of their several counties.

NOTICES OF NEW BOOKS. The prisoners in the gaol of Dover Castle are to be removed to the county gaol on the 30th September, without writ of habeas The Charitable Trusts' Act, 1853. The corpus.

Orders, Regulations, and Instructions

issued pursuant thereto; and a Selection Thus, it appears, that the Government

of Schemes, with Notes, preceded by a intend to put an end to the anomalous and

Summary of the Law of Charities. By peculiar jurisdiction of these old local Courts,

OWEN DAVIES Tudor, Esq., of the which are obviously inconvenient in the

Middle Temple, Barrister-at-Law. Longeneral administration of justice, and to

don : William Henry Bond; Wildy & transfer the business to the ordinary Courts

Sons; and William Amer. 1854. Pp. of the country. In like manner the Borough

302. Court at Birmingham was lately abolished. In this work Mr. Tudor has arranged These measures clearly indicate the general the subjects treated of in the following design of simplifying and rendering our order :-Ist. What constitutes a charitable system of judicature uniform.

trust, and what under the 43 Eliz. c. 4, or Whether the County Palatine of Lan- otherwise, may be its objects. 2nd. What caster will form a permanent exception to constitute superstitious as contra-distinthe general rule, we know not. The Stan- guished from charitable uses. 3rd. What nary Court of Cornwall may also, perhaps, regulations the policy of the law prescribes be intended as another exception. These for the validity of gifts to charitable uses by peculiar tribunals having distinct Judges the 9 Geo. 2, c. 36. 4th. The jurisdiction and officers, and rules of practice, of course over charitable trusts. 5th. The mode of occasion additional expense, as well as in- procedure in cases of charitable trusts, both terfere with the equal and uniform admi- according to the old practice and under the nistration of the law.

Charitable Trusts' Act, 1853. 6th. The

construction of gifts to charities, and the adCHANCERY AMENDMENT BILL.

ministration of their funds. 7th. The powers and duties of trustees of charities, and the

extent of remedies in cases of breach of ASSESSMENT OF DAMAGES.

trust. 8th. The appointment and removal SINCE we laid before our readers the of trustees, schoolmasters, and others confirst edition of this Bill (see ante, p. 198), nected with charities. 9th. Fiscal regulaby which it is proposed to empower the tions as to property given to charities. Court of Chancery to award damages in

In the Introduction to the Volume, Mr. cases of breaches of covenant, &c., the fol- Tudor remarks that charitable trusts prelowing important provision has been added sent many anomalies when compared with --enabling the Court to empannel juries and other trusts :to compel the attendance of witnesses :

“None at first are more striking than the “For the better assessing such damages, peculiar favour shown by the Court of Chanand for determining any question of fact cery in holding gifts to charitable purposes to that may arise in any cause or matter, it be good, which had they been given upon orshall be lawful for the said Court (if it dinary trasts would have been void, either on shall so think fit) to empannel juries and account of the uncertainty or failure of the percompel the attendance of witnesses, and for Again, on the other hand, the mode in which

sons or objects for whom they were destined. such purposes to exercise all the powers for the Legislature has interfered by 9 Geo. 2, c. compelling the attendance of jurors and 36 (commonly called the Statute of Mortmain), witnesses which are now vested in any of to prevent gifts to charities of anything savourher Majesty's Courts of Record at West- ing of realty except in the manner there preminster.”

scribed ; and the strict construction that Act

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