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Incorporated Law Society-Annual Report of the Council.

fendant must answer, and the defendant, on English Courts in Ireland and Scotland; and

the other to compel the attendance of witnesses from those parts of the empire, and extend the like powers to the Courts of Scotland over England and Ireland, and to the Irish Courts over England and Scotland. The Council see no objection to these measures. The power will still be continued of issuing commissions to examine witnesses, where the evidence can be satisfactorily obtained at less expense than by enforcing the personal attendance of the witness.2

pleading, may deliver interrogatories for the examination of the plaintiff. Thus in the earliest stage of an action, facts may be ascertained, or admissions made, which in numerous instances may put an end to litigation. Another alteration consists in empowering the Court, or a Judge, to direct an arbitration before trial. At present, when either party resists a reference, all the expense and delay are incurred in preparing for the trial, and then the Judge, especially in cases of complicated accounts, in effect compels a reference. It is Another Bill of some importance is that for also proposed that the parties shall be at liberty assimilating, to a certain extent, the Law of to discredit their own witnesses, and give evi-England to that of Scotland, by dispensing, in dence of contradictory statements made by an the first instance, with actions on Bills of Exadverse witness, that disputed handwriting change, and substituting a notarial protest, may be proved by comparison with undisputed which is to be registered, and, after a certain documents, and where instruments are ob- time, operate as a judgment. For this purpose jected to on account of insufficient stamps, the it is proposed that the holder of a dishonoured trial may proceed upon payment into Court of bill or promissory note may register the protest the proper amount of duty and a penalty. The in the Court of Common Pleas, and obtain an rule requiring the attesting witness to a deed order for the payment of the amount against to be called is also to be altered, except in cer- any of the parties to the bill or note. tain cases, and ample provision is made for the order is to be endorsed with the name and discovery of documents, and for inspection of abode of an attorney, or a memorandum that the property in question by the parties and the order has been served by the plaintiff in their witnesses.

Another amendment (applying to the proceedings in an action, either before or after trial) is that of obtaining evidence in support of a motion or summons. Where persons refuse to make affidavits, the Court or Judge will be authorised to compel their attendance to be orally examined. This power will extend, not only to questions before the Court or a Judge at Chambers, but to references to the Master.

It is further proposed to authorise the Judge to adjourn a trial on certain terms and conditions. A second speech of counsel at the close of the evidence for each of the parties is also to be allowed, the right of reply remaining as at present. The jury are to be discharged at the expiration of twelve hours, unless they desire further time, but the verdict of eleven will be sufficient.1

Where a rule for a new trial is refused, the party may appeal to the Court of Error, and the notice of appeal is to be a stay of execution, provided bail be given, and error may be brought on a judgment given on a special case. The Bill also comprises an authority to the Superior Courts of Common Law to issue injunctions, like Courts of Equity, to restrain the repetition or continuance of a wrongful act or breach of contract.

It is also to be provided that a judgment debtor may be examined as to the debts due to him, and a Judge may order an attachment on such debts, and proceedings may be taken to sue the garnishee, or levy the amount due to the judgment debtor.

There are two other Bills applicable to the Common Law: the one to authorise the service of the Process, and enforce the Judgments of the

1 The Bill has since been altered, so that the unanimity of the jury will still be required.

person.

The

The attorney, on demand, is to declare whether the order has been issued by his authority, and to declare the name and abode of his client; and if the order be issued without the authority of an attorney, the proceedings are to be stayed. The order may be served in any county, and the party served with the order may apply to the Court to stay execution. Where proper grounds are disclosed, the Court may direct an issue in law or in fact to be tried; but the party seeking to stay execution must furnish security for the debt and costs, unless the Judge shall be satisfied, from the nature of the defence, that such security is unnecessary. Considering that in undefended actions judgment may be speedily obtained at a moderate expense, the Council do not see any material advantage to be gained by this alteration of the law.

A Bill has also been introduced for amending the Law of Arbitration, under which the Judges are authorised to compel a reference in complicated matters. A provision to this effect being comprised (as already mentioned) in the Common Law Procedure Bill, it will probably be found more convenient to effect the object in that measure, than by a separate Act.

2nd. The Law of Property and Conveyancing. The proposition of registering all deeds and instruments relating to land, which has so often been under the consideration of Parliament, has at length been superseded by a plan for registering titles in the name of the owner of the legal estate alone, leaving cestui que trusts, or others interested in the property, to protect themselves by caveat or inhibition, but without entering deeds of trust or incum

2 The Attendance of Witnesses' Bill has received the Royal Assent.

Selections from Correspondence.-Attorneys to be Admitted.

287

brances on the register. The Real Property Purposes. A Bill has also been introduced Commissioners will of course consider this pro- with regard to the Personal Property of Marposed substitute, and weigh well its probable ried Women, which stands on a different footeffect on our abstruse and complicated system ing to that of Real Estates. It is proposed of Real Property Law. No act of the Legislature can be expected in the present Session, nor until the Commissioners have made their report. The long series of projects submitted to Parliament, not so much for the purpose of preventing any actual loss arising from the absence of a registry,-(the instances of the fraudulent suppression of deeds being exceedingly rare,)—but in the hope that a general register would ultimately simplify titles, and diminish the expense of their investigation, and the transfer of the property.

that married women may dispose of reversion-
ary interests in personal estate and realise their
rights to a settlement out of such estate in pos-
session. The deeds for this purpose are to be
acknowledged in the manner required by the
Fines and Recoveries' Act for disposing of in-
terests in land.
[To be continued.]

SELECTIONS FROM CORRE-
SPONDENCE.

REMUNERATION TO SOLICITORS.

Connected with this object of cheapening the Conveyance of Real Property, a Bill has been again introduced for amending the Law of Real As evidence of the very unsatisfactory way Property, by authorising and directing the in which solicitors are remunerated, I may retaxing officer, in taxing any Bill of Costs for mark that I have lately been engaged in prepreparing any deed, will, or other instrument, paring a very special instrument, which occuto consider, not the length, but only the skill and labour employed, and the responsibility incurred in the preparation thereof.

pied me three times as much as would have been consumed in preparing a lease or common conveyance of 30 folios. Let a per-centage principle be adopted.

R.

COPYHOLDS.-MANOR OF KENNINGTON.

Considerable doubts are entertained by the Council as to the practical operation of this measure, without some general rules for the guidance of the taxing officer, and they think THERE are several inaccuracies in my the change, if effected, should be accompanied letter in your Number of 29th July. by some other important alterations, and that In the paragraph commencing," Suppose the proposed amendment should be effected by the copyholder," &c.,-instead of "confiscageneral orders, to be made from time to time tion of two-thirds," read "three-fourths; by the Court of Chancery, and this course they also, in the last line but two, substitute "threehave accordingly suggested to the Lord Chan-fourths" for "two-thirds."

cellor.

It is well known that many frauds are committed against creditors by the secret execution of Bills of Sale of personal property, and to remedy the evil a Bill has been brought in, to render such transactions void, unless the instrument be registered in the same manner as warrants of attorney, within a limited time."

Some other Bills relating to the Law of Property have also been under consideration, namely, the Laws of Mortmain, and the disposal of Property for Charitable or Religious

This Bill has received the Royal Assent.

In the next paragraph for "extracted twothirds," read "three-fourths ;" and for “only one-third left," read "only one-fourth" left. After "that is to say," substitute "801" for "1007."; and three lines lower down, instead of “nearly," add "more than " half his mortgage-money.

The alterations arose from my formerly estimating the copyhold at 26 years' purchase on the original rental, which, on consideration, I do not think worth more than 24 years, if so much. I readily concede the full benefit of the thorough confiscation to our excellent friend "Fair Play."

8th August, 1854.

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Osborne, Alfred, 4, Manchester-ter., Liverpool-,

road; Goswell-road; and Ashborne

To whom Articled, Assigned, &c.

R. L.

C. Hanslip, Hatton-garden; J. Stuart, Gray's-inn;
R. Mossop, Long Sutton

G. G. Mounsey, Carlisle

E. Newman, Yeovil; W. E. Oliver, New Bridge.

street

T. P. Cunliffe, Manchester

J. Brittlebank, Ashborne; G. G. Brittlebank, Ash

borne

Parker, Thomas, 37, Baker-street, Portman-sq.; T. Burgoyne, Oxford-street; T. Parker, Lincoln's

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ster; and South-square

Stead, Richard William, Manchester

Stephens, Thomas Henry, 22, Everett-st., Russell

square; and Maidstone.

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Stephenson, Thomas, 33, Kenton-street, Brunswick-square; and Whitby

Tandy, Thomas, 4, Spencer-street, Clerkenwell; and Gerrard-street

Taylor, George Whitfield, 4, Croom's-hill, Greenwich; Wharton-street; and Bolton-le-Moors. Thompson, James, jun., Essex-place, George-road, Dalston; and Hunslet, near Leeds. Tibbits, John Markham, 6, Foley-terrace, Pentonville; and Northampton

Tocque, Geo. Richard Fletcher, 41,

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W. J. Beale, Birmingham

J. Burton, Queen's-square
R. Prall, Rochester

W. Sharp, Verulam-buildings

R. Sheppard, Wells

S. Moores, Warnford-court

C. J. Shirreff, Lincoln's-inn-fields

G. Hodgkinson, Wirksworth

J. T. Tenney, Kingston-upon-Hull

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M. P. Moore, New Sleaford

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S. Carter, Birmingham

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J. C. Stephens, Maidstone

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A. Stephenson, Whitby

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H. Hyde, Ely-place

W. George, Bradford

H. Nelson, Leeds; A. Turner, Aldermanbury

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

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289.

W. A. Walls, Bloomsbury-square; E. F. Burton,
Chancery-lane

G. Edmonds, Birmingham

.

H. M. Watts, Yeovil

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J. J. Blandy, Reading

S. Wilkinson, jun., Walsall

G. F. Druce, Oxford; E. B. Randall, Gray's-innplace

C. J. Tylee, Romsey

G. Atkinson, Bedford-row

Added to the List pursuant to Judge's Orders.

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NOTES OF THE WEEK.

PROROGATION OF PARLIAMENT.

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J. P. Ashton, Higher Broughton, near Manchester
E. Elwin, Dover

W. Haines, Birmingham; F. J. Welch, jun., Bir-
mingham

W. H. Duignan, Walsall

T. Parker, 18, St. Paul's Churchyard

P. Pearce, Newton Abbott; W. Jennings, Lime

street

D. S. Morice, Coleman-street

Williams and M'Leod, Temple; W. Shuttleworth,
Liverpool

H. Lloyd, 36, Milk-street, Cheapside

C. R. Scholes, sen., Dewsbury; M. Kidd, Holmfirth

W. Perry, Whitehaven; W. H. Ashurst, 6, Old
Jewry

J. Musgrave, Whitehaven

zette, as the day fixed for the prorogation of Parliament. Unless something very extraordinary should occur during the War with Russia, we may expect that it will not re-as

THIS day, the 12th of August, has been announced by a Supplement in the London Ga-semble till next February.

RECENT DECISIONS IN THE SUPERIOR COURTS.

Lord Chancellor.

Londonderry v. Vane. Aug. 5, 1854.

SERVICE OF LETTERS MISSIVE ON PEER
OUT OF JURISDICTION.

Order on motion under the 2 Wm. 4, c. 33,
for leave to serve letters missive on a peer
in Ireland, and if no appearance were
entered within eight days, a printed copy of
the bill to be served under the 15 & 16 Vict.
c. 86, s. 3.

THIS was an application under the 2 Wm. 4, c. 33, for leave of the Court to serve letters missive in this suit on Lord Portarlington and the Marquis of Drogheda, who were in Ireland, and that if no appearance were entered within eight days, a printed copy of the bill might be served on them, in accordance with s. 3 of the 15 & 16 Vict. c. 86.

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290

Superior Courts: Lords Justices.-Rolls.

tees in the stead of one who had died and of now sought might be obtained by an order of another who was of unsound mind, but not revivor under the 15 & 16 Vict. c. 86, s. 52,1 so declared by commission. The Vice-Chan-and in future that course must be adopted, but cellor Kindersley had, in In re Good Intent that as the plaintiff might have been misled by Benefit Society, reported ante, p. 271, declined the decision of the Dean, &c., of Ely v. Edto make the order on the ground that the pe-wards, 22 Law J., N. S., Ch., 629, the order tition should have been presented to this would be made in the present case. Court in lunacy.

Hallett and Cotton for the several parties.

The Lords Justices, without deciding whe-Shaw v. Hardingham and others. July 22, 1854. ther the Vice-Chancellor had no jurisdiction, EQUITY JURISDICTION IMPROVEMENT ACT. made the order as prayed.

Master of the Rolls.

Attorney-General v. Pretyman. Aug. 4, 1854.

CHARITY LEASE.-IMPROVED RENT.-OUT-
LAY OF LESSEE.

Upon the expiration of a charity lease, an
increased rent was offered by another
person, and it appeared that the existing
lessee had expended a large sum in im-
provements on the faith of the lease being
renewed: Held, that he was entitled to have
the option of continuing at the higher rent,
or of having an allowance made for his
outlay.

THIS was a petition on behalf of the Master of the Mere Hospital, Lincoln, for leave to grant a lease of a farm belonging to the charity to a Mr. Harrison. It appeared that the recent lessee had paid a rent of 800l. a year, but had laid out about 2,0007. in improvements on the faith of obtaining a renewal of his lease. Mr. Harrison was willing to give a rent of 1,000l. a year.

R. Palmer and Shapter in support; Wickens for the present lessee; Terrell for the AttorneyGeneral.

The Master of the Rolls said, that the present lessee must be allowed the option of taking the farm at the increased rent, and that if he did not continue lessee he must have compensation for his outlay.

Edwardes v. Batley and others. July 18, 1854.
EQUITY JURISDICTION IMPROVEMENT ACT.
-ORDER OF REVIVOR. — ADMISSION OF
AC-

ASSETS BY REPRESENTATIVE OR
COUNT.

-SALE BY EXECUTORS IN FORECLOSURE
CLAIM.

In a foreclosure claim a motion was granted
under the 15 and 16 Vict. c. 86, s. 55, for
a decree for the sale of real estate by the
executors of the mortgagor's will, with a
power of sale on the death of a tenant for
life, and held that the persons entitled
upon the determination of the life estate
were sufficiently represented by the exe-
cutors under s. 42, rule 9.

THIS was a motion in this claim for foreclosure of a mortgage, under the 15 & 16 Vict. c. 86, s. 55,2 for a decree for sale on the defendants, who were the executors under the mortgagor's will. There was a power of sale upon the death of the tenant for life, who was made a defendant.

W. Hislop Clarke, in support, referred to s. 42, rule 9, which enacts, that "in all suits concerning real or personal estate which is vested in trustees under a will, settlement, or otherwise, such trustees shall represent the persons beneficially interested under the trust, in the same manner and to the same extent as the executors or administrators in suits con cerning personal estate represent the persons beneficially interested in such personal estate;

Which enacts that "upon any suit in the said Court becoming abated by death, marriage, or otherwise, or defective by reason of some change or transmission of interest or liability, it shall not be necessary to exhibit any obtain the usual order to revive such suit, or bill of revivor or supplemental bill in order to the usual or necessary decree or order to carry on the proceedings; but an order to the effect of the usual order to revive, or of the usual supplemental decree may be obtained as of course upon an allegation of the abatement of such suit, or of the same having become defective, and of the change or transmission of interest or liability.".

Held, that upon the death, in an administration suit by an executor and trustee against the co-executor and the parties beneficially interested, of such defendant co-executor intestate, the order to revive under the 15 & 2 Which enacts, that "if after a suit shall 16 Vict. c. 86, s. 52, against his personal have been instituted in the said Court, in relarepresentative, will direct the admission of tion to any real estate, it shall appear to the assets, or in default an account. In this administration suit by an executor and trustee against the co-executor and the parties beneficially interested, it appeared that a supplemental bill had been filed upon the death of the defendant intestate, against his personal representative, seeking the admission of assets, or in default an account.

The Master of the Rolls said, that the object

Court that it will be necessary or expedient that the said real estate, or any part thereof, should be sold for the purposes of such suit, it shall be lawful for the said Court to direct the same to be sold at any time after the institution thereof, and such sale shall be as valid to all intents and purposes, as if directed to be made by a decree, or decretal order, on the hearing of such cause."

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