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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 pleading, may deliver interrogatories for the the other to compel the attendance of witnesses examination of the plaintiff. Thus in the from those parts of the empire, and extend the earliest stage of an action, facts may be as- like powers to the Courts of Scotland over certained, or admissions made, which in nu. England and Ireland, and to the Irish Courts merous instances may put an end to litigation. over England and Scotland. The Council see Another alteration consists in empowering the no objection to these measures. The power Court, or a Judge, to direct an arbitration be- will still be continued of issuing commissions fore trial. At present, when either party re- to examine witnesses, where the evidence can sists a reference, all the expense and delay are be satisfactorily obtained at less expense than incurred in preparing for the trial, and then by enforcing the personal attendance of the the Judge, especially in cases of complicated witness. 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. The 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.
person. Another amendment (applying to the pro- The attorney, on demand, is to declare ceedings in an action, either before or after whether the order has been issued by his autrial) is that of obtaining evidence in support of thority, and to declare the name and abode of a motion or summons. Where persons refuse his client; and if the order be issued without to make affidavits, the Court or Judge will be the authority of an attorney, the proceedings authorised to compel their attendance to be are to be stayed. The order may be served in orally examined. This power will extend, not any county, and the party served with the only to questions before the Court or a Judge order may apply to the Court to stay execution. at Chambers, but to references to the Master. Where proper grounds are disclosed, the Court
It is further proposed to authorise the Judge may direct an issue in law or in fact to be tried; to adjourn a trial on certain terms and con- but the party seeking to stay execution must ditions. A second speech of counsel at the furnish security for the debt and costs, unless close of the evidence for each of the parties is the Judge shall be satisfied, from the nature of also to be allowed, the right of reply remaining the defence, that such security is unnecessary. as at present. The jury are to be discharged Considering that in undefended actions judgat the expiration of twelve hours, unless they ment may be speedily obtained at a moderate desire further time, but the verdict of eleven expense, the Council do not see any material will be sufficient.
advantage to be gained by this alteration of the Where a rule for a new trial is refused, the law. party may appeal to the Court of Error, and A Bill has also been introduced for amendthe notice of appeal is to be a stay of execution, ing the Law of Arbitration, under which the provided bail be given, and error may be Judges are authorised to compel a reference in brought on a judgment given on a special case. complicated matters. A provision to this effect The Bill also comprises an authority to the being comprised (as already mentioned) in the Superior Courts of Common Law to issue in- Common Law Procedure Bill, it will probably junctions, like Courts of Equity, to restrain the be found more convenient to effect the object repetition or continuance of a wrongful act or in that measure, than by a separate Act. breach of contract.
2nd. The Law of Property and ConveyancIt is also to be provided that a judgment ing:- The proposition of registering all deeds debtor may be examined as to the debts due to and instruments relating to land, which has him, and á Judge may order an attachment on so often been under the consideration of Parsuch debts, and proceedings may be taken to liament, has at length been superseded by a sue the garnishee, or levy the amount due to plan for registering titles in the name of the the judgment debtor.
owner of the legal estate alone, leaving cestui There are two other Bills applicable to the que trusts, or others interested in the property, Common Law: the one to authorise the service to protect themselves by caveat or inhibition, of the Process, and enforce the Judgments of the but without entering deeds of trust or incum.
· The Bill has since been altered, so that the · The Attendance of Witnesses' Bill has reunanimity of the jury will still be required. ceived the Royal Assent.
REMUNERATION TO SOLICITORS.
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 foot. effect on our abstruse and complicated system ing to that of Real Estates. It is proposed of Real Property Law. No act of the Legisla- that married women may dispose of reversionture can be expected in the present Session, ary interests in personal estate and realise their nor until the Commissioners have made their rights to a settlement out of such estate in posreport. The long series of projects submitted session. The deeds for this purpose are to be to Parliament, not so much for the purpose of acknowledged in the manner required by the preventing any actual loss arising from the Fines and Recoveries' Act for disposing of inabsence of a registry,-(the instances of the terests in land. fraudulent suppression of deeds being exceed
[To be continued.] ingly rare,)-but in the hope that a general register would ultimately simplify titles, and SELECTIONS FROM CORREdiminish the expense of their investigation, and the transfer of the property.
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 pied me three times as much as would have and labour employed, and the responsibility been consumed in preparing a lease or common incurred in the preparation thereof.
conveyance of 30 folios. Let a per-centage
R. Considerable doubts are entertained by the principle be adopted. Council as to the practical operation of this measure, without some general rules for the
COPYHOLDS. -- MANOR OP KENNINGTON. 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.
In the next paragraph for “extracted twoIt is well known that many frauds are com
thirds," read “three-fourths;" and for “only mitted against creditors by the secret execution one-third left," read only one-fourth” left. of Bills of Sale of personal property, and to After that is to say," substitute “sol.” for rernedy the evil a Bill has been brought in, to
“ 100l.”; and three lines lower down, instead render such transactions void, unless the instru- of “ nearly,” add“ more than ” half his mortment be registered in the same manner as gage-money. warrants of attorney, within a limited time.”
The alterations arose from my formerly estiSome other Bills relating to the Law of Pro- mating the copyhold at 26 years' purchase on perty, have also been under consideration, the original rental, which, on consideration, I namely, the Laws of Mortmain, and the dis- do not think worth more than 24 years, if so posal of Property for Charitable or Religious much. I readily concede the full benefit of the
thorough confiscation to our excellent friend
“ Fair Play." • This Bill has received the Royal Assent. 8th August, 1854.
ATTORNEYS TO BE ADMITTED.
Michaelmas Term, 1854.
[Concluded from page 269.] Clerks' Names and Residences,
To whom Articled, Assigned, &c. Mossop, Charles, 8, Wilmington-square
C. Hanslip, Hatton-garden; J. Stuart, Gray's-inn ;
R. Mossop, Long Sutton Mounsey, Jobo Giles, Carlisle
G. G. Mounsey, Carlisle Newman, William, 16, Cecil-street, Strand; New E. Newman, Yeovil; W. E. Oliver, New Bridge. Bridge-street; and Yeovil
street Newsham, Henry, jun., Manchester
T. P. Cunliffe, Manchester Osborne, Alfred, 4, Manchester-ter., Liverpool. .J. Brittlebank, Ashborne; G. G. Brittlebank, Ash. road; Goswell-road; and Ashborne
borne Parker, Thomas, 37, Baker-street, Portman-sq.; T. Burgoyne, Oxford-street; T. Parker, Lincoln'sapd Abbey-road
Attorneys to be Admitted.
To whom Articled, Assigned, &c.
J. Parrott, Stony Stratford Parsons,'Charles William, 19, Storr-street, Bedford-square; and Alfred-place
F. J. Jessopp, Derby Pattison, Henry John, 74, Oxford-street
H. B. Wedlake, King's-bench-walk Paull, Henry, 12, Lincola's-inn-fields
F. A. Trenchard, Taunton Pemberton Loftus Leigh, Chester-square,
E. L. Pemberton, Whitehall-place
road ; Arlington-street; and Temple Cloud W. R. Mogg, Temple Cloud
R. Price, Stourbridge Pigott, William, Ely, Cambridge:
J.P. Lawrence, Cambridge ; F. Barlow, Cambridge Plaskitt, Joseph, 29, Walton street, Brompton ; and Louth
C. Ingolby, jun., Louth Player, Joseph Norton, 9, Turrett-grove, larke hall-lane
C. N. Cole, Adelphi-terrace Plunkett, Henry, 3, Bridge-cottages,
3, Bridge-cottages, Walworth ;' and Stourbridge
H. Corser, Stourbridge Potter, Henry, Guildford
T. A. Curtis, Guildford
J. Powell, Birmingham
J. F. Fussell, Bristol
H. Remington, Ulverstone
J. Holyoake, Droitwich
E. Foster, Cambridge Robinson, Edward, 2, Burton-crescent; Miltonstreet; and Clifton
D. Russell, York
G.M. Salt, Shrewsbury
W.J. Beale, Birmingham
J. Burton, Queen's-square
W. Sharp, Verulam-buildings
R. Sheppard, Wells
Frederick-street; and Brownlow-street . G. Hodgkinson, Wirksworth
M. P. Moore, New Sleaford
S. Carter, Birmingham Stead, Richard William, Manchester
T. P. Bunting, Manchester Stephens, Thomas Henry, 22, Everett-st., Russellsquare; and Maidstone.
J. C. Stephens, Maidstone Stephenson, Thomas, 33, Kenton-street, Brunswick-square ; and Whitby
A. Stephenson, Whitby Tandy, Thomas, 4, Spencer-street, Clerkenwell; and Gerrard-street
H, Hyde, Ely-place Taylor, George Whitfield, 4, Croom's-bill, Green
wich; Wharton-street; and Bolton-le-Moors. W. George, Bradford Thompson, James, jun., Essex-place, George-road, Dalston; and Hunslet, near Leeds.
H. Nelson, Leeds; A. Turner, Aldermanbury Tibbits, John Markham, 6, Foley-terrace, Penton. ville; and Northampton
A. B. Mark ham, Northampton Tocque, Geo. Richard Fletcher, 41, Dorniam
road, Islington; and Gracechurch-street C. Leake, Witney; J. W. Flower, Gracechurch-st. Tombs, Henry Coggan, Lroitwich.
S. Tombs, jun., Droitwich Trerenen, William, 11, Essex-street, Strand ; and
0, Stanhope-street, Mornington-crescent. P. Nelson, Essex-street Tucker, Edward, Bath .
W.C. Gill, Bath Tuke, Henry George, 27, Upper Southwick-street, C. Druce, Billiter-square ; R. N. Bennett, LinHyde-park.
Notes of the Week.-Superior Courts : Lord Chancellor.-Lords Justices.
To whom Articled, Assigned, 8c.
Chancery-lane Walter, Alfred, Birmingham.
G. Edmonds, Birmingham Watts, Henry Shorland, 22, Stanhope-st., Hampstead-road; and Yeovil .
H.M. Watts, Yeovil Whatman, C. N. Cornwallis, 2, River-street, Putney; and Caversham
J. J. Blandy, Reading Whitgreave, Thomas John, 37, Hart-st., Bloomsbury; and Walsall
S. Wilkinson, jun., Walsall Williams, George St. Swithin, articled as George G. F. Druce, Oxford; E. B. Randall, Gray’s-innWilliams, Highgate-rise ; Kentish-town
C.J. Tylee, Romsey
G. Atkinson, Bedford-row
Added to the List pursuant to Judge's Orders.
J. P. Ashton, Higher Broughton, near Manchester Fox, Thomas, 2, Sidmouth-street, Gray’s-inn-road; and Dover
E. Haines, Wm. Tertius, i4, Manchester-buildings, ' W. Haines, Birmingham ; F. J. Welch, jun., BirWestminster; and Harborne .
W.H. Duignan, Walsall
T. Parker, 18, St. Paul's Churchyard
P. Pearce, Newton Abbott; W. Jennings, LimeLomer, Walter Abraham, 59, Doughty-street, Bedford-row; and Southampton
D. S. Morice, Coleman-street M'Gowen, William Thomas, Liverpool . Williams and M-Leod, Temple; W.Shuttleworth,
Liverpool Oliver, George James, 13, Lawrence-lane, Cheapside
H. Lloyd, 36, Milk-street, Cheapside Scholes, Charles Robert, jun., Dewsbury
C. R. Scholes, sen., Dewsbury; M. Kidd, Holmfirth Thompson, Charles Robert, 118, Great Russell-st.; W. Perry, Whitehaven; W. H. Ashurst, 6, Old and Kelswick-house, near Whitehaven
Jewry Webster, John, Whitehayen
: J. Musgrave, Whitebaven
NOTES OF THE WEEK. zette, as the day fixed for the prorogation of
Parliament. Unless something very extraPROROGATION OF PARLIAMENT. ordinary should occur during the War with This day, the 12th of August, has been an- Russia, we may expect that it will not re-asnounced by a Supplement in the London Ga- semble till next' February,
RECENT DECISIONS IN THE SUPERIOR COURTS.
C. Hall in support. Londonderry v. Vane. Aug. 5, 1854.
The Lord Chancellor made the order as
asked. SERVICE OF LETTERS MISSIVE ON PEER OUT OF JURISDICTION.
Lords Justices. Order on motion under the 2 Wm. 4, C. 33,
for leave to serve letters missive on a peer In re Booth. August 2, 1854. in Ireland, and if no appearance were Trustees' act, 1850.-LUNATIC TRUSTEE. entered within eight days, a printed copy of
- JURISDICTION. the bill to be served under the 15 & 16 Vict. c. 86, s. 3.
New Trustees were appointed under the 138
14 Vict. c. 60, s. 32, in the stead of one This was an application under the 2 Wm.
who had died and of the other who was of 4, c. 33, for leave of the Court to serve letters
unsound mind, on petition in lunacy. missive in this suit on Lord Portarlington and the Marquis of Drogheda, who were in Ire- Quære, whether the Vice-Chancellor has jue land, and that if no appearance were entered
risdiction to appoint in the stead of a within eight days, a printed copy of the bill
lunatic trustee. might be served on them, in accordance with
This was a petition under the 13 & 14 Vict. 8. 3 of the 15 & 16 Vict. c. 86.
c. 60, s. 32, for the appointment of new trus.
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,' 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.
-SALE BY EXECUTORS IN FORECLOSURE
LAY OF LESSEE.
Master of the Rolls.
In a foreclosure claim a motion was granted
under the 15 and 16 Vict. c. 86, s. 55, for Attorney-General v. Pretyman. Aug. 4, 1854. a decree for the sale of real estate by the CHARITY LEASE.-IMPROVED RENT.-OUT- executors of the mortgagor's will, with a
power of sale on the death of a tenant for Upon the expiration of a charity lease, an
life, and held that the persons entitled increased rent was offered by another
upon the determination of the life estate person, and it appeared that the existing were sufficiently represented by the exelessee had expended a large sum in im
cutors under s. 42, rule 9. provements on the faith of the lease being This was a motion in this claim for fore. renewed : Held, that he was entitled to have closure of a mortgage, under the 15 & 16 Vict. the option of continuing at the higher rent, c. 86, s. 55,- for a decree for sale on the deor of having an allowance made for his fendants, who were the executors under the outlay.
mortgagor's will. There was a power of sale This was a petition on behalf of the Master upon the death of the tenant for life, who was of the Mere Hospital, Lincoln, for leave to made a defendant. grant a lease of a farm belonging to the W. Hislop Clarke, in support, referred to s. charity to a Mr. Harrison. It appeared that 42, rule 9, which enacts, that “ in all suits the recent lessee had paid a rent of 800l. a concerning real or personal estate which is year, but had laid out about 2,0001. in im- vested in trustees under a will, settlement, or provements on the faith of obtaining a re- otherwise, such trustees shall represent the newal of his lease. Mr. Harrison was willing persons beneficially interested under the trust, to give a rent of 1,0001. a year.
in the same manner and to the same extent as R. Palmer and Shapter in support ; Wickens the executors or administrators in suits cone for the present lessee; Terrell for the Attorney-cerning personal estate represent the persons General.
beneficially interested in such personal estate ; The Master of the Rolls said, that the present lessee must be allowed the option of 1 Which enacts that "upon any suit in the taking the farm at the increased rent, and that said Court becoming abated by death, marif he did not continue lessee he must have riage, or otherwise, or defective by reason of compensation for his outlay.
some change or transmission of interest or lia
bility, it shall not be necessary to exhibit any Edwardes v. Batley and others. July 18, 1854. obtain the usual order to revive such suit, or
bill of revivor or supplemental bill in order to EQUITY JURISDICTION IMPROVEMENT ACT. the usual or necessary decree or order to carry
OF on the proceedings ; but an order to the effect
supplemental decree may be obtained as of Held, that upon the death, in an administra- course upon an allegation of the abatement of
tion suit by an executor and trustee against such suit, or of the same having become de-
Court that it will be necessary or expedient In this administration suit by an executor that the said real estate, or any part thereof, and trustee against the co-executor and the should be sold for the purposes of such suit, parties beneficially interested, it appeared that it shall be lawful for the said Court to direct a supplemental bill had been filed upon the the same to be sold at any time after the indeath of the defendant intestate, against his stitution thereof, and such sale shall be as personal representative, seeking the admission valid to all intents and purposes, as if directed of assets, or in default an account.
to be made by a decree, or decretal order, on The Master of the Rolls said, that the object the hearing of such cause.'
ORDER OF REVIVOR. --- ADMISSION ASSETS BY
REPRESENTATIVE OR COUNT.