309 Incorporated Law Society-Annual Report of the Council.--Correspondence. changes had introduced into Equity proceed- Connected with the subject of costs, it may ings and practice. The Council offered to con- be mentioned that the attention of the Council tribute any information or assistance in their having been called to a case before one of the power which might be thought useful in con- Vice-Chancellors relating to the alleged delay sidering the subject, and to attend his Lord- in the taxation of costs before the Taxing ship or any of the Judges, at any time when their aid might be required. The Council have been informed by the Lord Chancellor's principal secretary that the subject has anxiously engaged the attention of his Lordship, and they have reason to believe that several of the officers of the Court have been consulted on the suggested alterations; but at present no decision has taken place, except that in some instances the Taxing Masters have partly relaxed the rigid rules which the clerks in Court formerly laid down, and which, in many instances, worked absolute injustice; and the Lord Chancellor, on the 21st instant, ordered that after the 2nd July the folios in Chancery shall be counted and charged for after the rate of 72 instead of 90 words, and that the charge for accounts in Chancery shall be reckoned at one word for each figure. Both these amendments were included amongst various suggestions submitted to the Lord Chancellor last year by the Council,3 The Order of Court is as follows: 1. From and after the 2nd day of July, 1854, all office copies and other copies of pleadings, proceedings, and documents in the Court of Chancery shall (except in the cases hereinafter mentioned) be counted and charged for after the rate of 72 words per folio, and where such copies or any portion thereof shall comprise columns containing figures, each figure shall be counted and charged for as one word. 2. From and after the 2nd day of July, 1854, the charge for all transcripts of accounts made in the office of the Accountant-General shall be after the rate of 2s. for each opening of such transcript, consisting of the debtor and creditor sides of the account to be entered therein. 3. The charges hereinbefore directed to be made shall be paid by means of stamps according to the General Orders of the Court of Chancery in that behalf now in force, so far as relates to documents furnished by the said Court. TAXATION OF COSTS.-Solicitor's Certificate of proper Master.-By the 10th Order of 26th October, 1842, it was directed, "That all references for the taxation of costs shall be made to the Taxing Master in rotation, or if there has been any former taxation of costs in the same cause or matter, then to the Taxing Master before whom such former taxation has taken place, either on a reference from the Court or upon the request of a Master in Ordinary." By a recent arrangement the Registrars have adopted an amended form of order whereby, instead of directing the reference "to the Taxing Master in rotation," or "to the Taxing Master to whom the cause or matter Masters, the Council applied to them on the subject, and were informed that it is the practice of the Taxing Masters to set apart a day or some portion of several days in every week for short taxations. The arrangements which the Taxing Masters have made appear to the Council to be as beneficial to the suitors and convenient to the solicitors of the Court (at all events in the absence of any increase of the taxing force), as are practicable. stands referred," they will in future make the reference "to the proper Taxing Master," thus leaving it to the solicitor to carry his order into the office of the Master to whom it has been already referred, or to get it referred to the Master in rotation, as the case may be. In consequence of this arrangement, the Taxing Masters have given notice that it will be necessary for the solicitor, when he brings an order to the sitting Master for a reference, to certify, in the form undermentioned, that the cause or matter has not been already referred. A. B. v. C. D. 310 Notes of the Week.-Superior Courts: Lord Chancellor.-Lords Justices. Consolidated Fund Appropriation. Russian Government Securities. Parliament was prorogued to the 19th Oct. LAW APPOINTMENTS. Tom Taylor, Esq., Barrister-at-Law, has been appointed Secretary of the new Board of Health. This day (11th August) the Right Honourable Sir Robert Harry Inglis, Bart., was by her Majesty's command sworn of her Majesty's most Honourable Privy Council, and took his place at the Board accordingly. The Queen has been pleased to direct Letters Patent to be passed under the Great Seal granting the dignity of a Knight of the United Kingdom of Great Britain and Ireland unto William Ogle Carr, Esq., Chief Justice of the Supreme Court of the Island of Ceylon.-From the London Gazette of 15th August. RECENT DECISIONS IN THE SUPERIOR COURTS. Court of Chancery. (Coram Lord Chancellor and Lord Justice Turner). tenants in common if more than one, and if but one then the whole for such one, to be payable to such child or children on his or their respectively attaining 21. She also de Bythesea v. Bythesea. Jan. 14; Aug. 2, 1854.clared that the share of each child should be The testatrix by her will bequeathed the residue of her personal property in trust to be invested and to pay the dividends thereof to her grandson when and so soon as he should attain the age of 21, for his life, and from and after his death, in case he should leave any child or children in trust for all and every such child and children equally between them as tenants in common if more than one, and if but one then the whole for such one, to be payable to such child or children on his or their respectively attaining 21. There was a declaration that the share of each child should be a vested interest, and that in case the grandson should leave no child the residue should go over as therein mentioned. The grandson survived the testatrix, but his only son died in his lifetime, but after attaining 21, leaving a widow and a child Held, affirming the decision of Vice-Chancellor Wood, that the gift over took effect on his death. THIS was an appeal from the decision of Vice-Chancellor Wood (reported 16 Jur. 969). It appeared that the testatrix by her will, dated Jan. 18, 1798, bequeathed the residue of her personal property in trust to invest the same, and inter alia to pay the dividends thereof to her grandson, when and so soon as he should attain the age of 21, for his life, and from and after his death, in case he should leave any child or children, in trust for all and every such child and children equally between them as a vested interest, and that in case her grandson should leave no child, the residue should be held on certain trusts as therein mentioned. It appeared that the grandson survived the testatrix, but that his only son had attained the age of 21 and died intestate before his father, having married and leaving the plaintiff, his widow, and one child, who was now viving. The Vice-Chancellor on a special case under the 13 and 14 Vict. c. 35, having held that the gift over took effect on the death of the grandson's child in his father's lifetime, this appeal was presented. sur Chandless and Shapter in support; Rolt and Faber contrà; C. L. Webb for the executors. Cur. ad. vult. The Court said, that the testatrix had provided against two contingencies,-that of the grandson leaving a child or children, and of his not leaving any child. This primá facie meant leaving children at the period of his death, and the contingency upon which the property was given over occurred if this construction were adopted. The cases cited on the argument related to settlements, and were not applicable to the present case which related to a will, and the appeal must be dismissed, but without costs. Lords Justices. Cooper v. Tayler. July 20, 1854. VACATING ENROLMENT OF DECREE.—JU RISDICTION. Held, that an application for leave to give notice of motion to vacate the enrolment of Superior Courts: Lords Justices.--Rolls. -311 a decree, in order to present a petition of when service would be required, the applicare-hearing, should be made to the Lord tion to dispense therewith could not now be Chancellor sitting alone or in the Court of granted; but the proceedings with reference Appeal. to the appointment of a receiver might take place without such service. THIS was an application for leave to give notice of motion to vacate the enrolment of the decree in this suit, in order to present a petition of rehearing. Bagshawe, in support, referred to the 6th Order of August 7, 1852, which directs, that "the Lord Chancellor, either sitting alone, or with the Lords Justices, or either of them, shall be at liberty, where it shall appear to him under the peculiar circumstances of the case to be just and expedient, to enlarge the periods herein before appointed for a re-hearing or an appeal, or for an enrolment." The Lords Justices refused the application | upon the ground it should have been made to the Lord Chancelior, sitting alone or in the Court of Appeal. Smith v. Adams. June 27, 1854. Leave given on exparte application to amend a petition of appeal by adding the name of a respondent inadvertently omitted in the Registrars' Office-subject to any objection by the other parties. THIS was an application for leave to amend this petition of appeal from the decision of the Master of the Rolls by adding the name of a respondent which had been omitted inadvertently in the Registrars' Office. Horace Wright in support. The Lords Justices said, that the application would be granted in order to save expense, although exparte, but subject to any objection from the other parties. James v. Rice. July 25, 1854. BILL PRO CONFESSO.-SERVICE OF DECREE ON DEFENDANT ABROAD.-APPOINTMENT OF RECEIVER. An application was refused that service of copy decree and other proceedings in a suit, taken pro confesso against the defendant, who had gone abroad in 1852, might be dispensed with; but the proceedings with reference to the appointment of a receiver to go on without such service. THIS was an application that service of copy decree and other proceedings in this suit on the defendant, who had gone abroad in October, 1852, might be dispensed with, and that a receiver might be appointed therein without such service. A decree had been taken pro confesso against the defendant. J. V. Prior in support. The common order was obtained for the taxation of a solicitor's bill of costs, without stating the circumstances that it had been delivered on November 28, and that a debtor and creditor account had been delivered at a meeting on December 3, at which the client's solicitor was present, and signed at a subsequent meeting on December 5, in which the bill of costs and disbursements were charged: Held, that a special order was necessary, and it was discharged. Quære, whether the circumstances amounted to a payment of the bill of costs. upon-Severn, had forwarded to Mr. Rudge, IT appeared that Mr. Holland, of Uptonference to certain mortgage transactions, and on November 28, 1853, his bill of costs in rethat upon his meeting Mr. Rudge and his solicitor, on December 3, by appointment to complete the transaction, he had handed in a debtor and creditor account, charging the amount of his bill of costs and disbursements, and that Mr. Rudge had signed the account at a meeting which took place two days afterwards. Mr. Rudge having obtained in April last the common order to tax, this motion was made to set it aside on the ground of the suppression of facts, and that after payment a special order should have been obtained. Elderton in support; Shebbeare, contrà. The Master of the Rolls said, that, without deciding whether there had been a payment of the bill, the facts formed special circumstances under which a common order could not be obtained, and it would therefore be discharged. Priddie v. Field. July 15, 1854. WILL. ANNUITY. WHETHER CLEAR OF LEGACY DUTY. A testator directed his executor to raise and pay an annuity or clear yearly sum of 100l. to A. W., and upon her death, leaving issue, the principal to be paid among her children equally, and in default thereof to fall into the residue: Held, that the annuity was subject to legacy duty. THE testator, by his will, directed his executor to raise and pay an annuity or clear The Lords Justices said, that as the de- yearly sum of 100l. to Anne Wood, and upon fendant might have returned within the juris-her death leaving issue the principal to be paid diction before the expiration of the three years allowed' to show cause against the decree, 'See Order 90 of May 8, 1845. among her children equally, and in default thereof to fall into the residue. The question now arose, whether the annuity was payable free of legacy duty. 312 Superior Courts: Rolls.-V. C. Kindersley.—V. C. Stuart.-V. C. Wood. Rogers for the plaintiff; G. Lake Russell for the defendants. Cur. ad. vult. The Master of the Rolls said, that in accordance with the decision of Sanders v. Kiddell, 7 Sim. 536, the word "clear" did not refer to legacy duty, but only that a sufficient amount should be raised to produce the clear yearly sum of 1001, and which should once for all be separated from the general estate for the successive takers. The annuity will therefore be subject to duty. Vice-Chancellor Kindersley. Bennet v. Powell. July 29, 1854. Vice-Chancellor Stuart. Howell v. Evans. July 6, 1854. STAY OF PROCEEDINGS UNDER DECREE An application was refused to stay the pro- THIS was an application to stay the proceedings in this suit to enforce the specific performance of an award, and in which the decree had TAKING BILL PRO CONFESSO AGAINST AB- been enrolled. It was intended to appeal to SCONDING DEFENDANT. A motion was granted under the 77th Order of May 8, 1845, to take pro confesso a bill against a defendant who had appeared but taken no further proceeding, and could not be found, although inquiries had been made of his wife at his dwelling-house. THIS was a motion under the 77th Order of May 8, 1845, to take this bill pro confesso against the defendant, who had appeared thereto, but taken no further proceedings, and could not now be found, although inquiries had been made of his wife at his dwellinghouse. Bovill in support. The Vice-Chancellor granted the motion. In re Ingram's Trust. Aug. 3, 1854. TENANT FOR LIFE.. COSTS OF PETITION FOR PAYMENT OF DIVIDENDS ON FUND IN COURT. Held, that the costs of a petition for payment to a tenant for life, of the dividends on a fund in Court, are payable out of the income, and not out of the corpus. Renshaw appeared in support of this petition for payment of the dividends on a fund in Court to the tenant for life. The question now arose as to the payment of the costs. The Vice-Chancellor held, that they were payable out of the income, and not out of the corpus. Which directs, that "in cases where any defendant, either being or not being within the jurisdiction of the Court, does not put in his answer in due time after appearance entered by or for him, and the plaintiff is unable, with due diligence, to procure a writ of attachment or any subsequent process for want of answer to be executed against such defendant, by reason of his being out of the jurisdiction of the Court, or being concealed, or for any other cause, than such defendant is, for the purpose of enabling the plaintiff to obtain an order to take the bill pro confesso, to be deemed to have absconded to avoid or to have refused to obey the process of the Court." the House of Lords, but in consequence of the within which notice of appeal must be lodged, illness of the applicant's solicitor the period had elapsed. Malins and J. T. Wood, in support, offered to pay the amount of taxed costs into Court. The Vice-Chancellor (without calling on Wigram and Tripp contrà) said, the motion must be refused with costs. Vice-Chancellor Wood. Clarke v. Gill. July 20, 1854. Held, that the examiner appointed ou a motion for an injunction to cross-examine witnesses who had made affidavits, is bound under the 15 & 16 Vict. c. 86, s. 34, to transmit to the office of Records and Writs the depositions from time to time, on the conclusion of the witness's examination, as on an examination with a view to a hearing. THIS was an application for the direction of the Court upon the question, whether the examiner appointed on a motion for an injunction affidavits, is bound under the 15 & 16 Vict. c. to cross-examine witnesses who had inade 86, s. 34, to transmit to the office of Records and Writs the depositions from time to time in order that copies might be obtained. on the conclusion of a witness's examination, Southgate for the plaintiff; Roxburgh for the defendant. The Vice-Chancellor said, that the section applied to depositions taken on interlocutory motions as well as with a view to the hearing, and directed accordingly. Which enacts that "when the examination of witnesses before any examiner shall have been concluded, the orignal depositions, authenticated by the signature of such examiner, shall be transmitted by him to the Record Office of the said Court, to be there filed, and any party to the suit may have a copy thereof, or of any part or portion thereof, upon payment for the same in such manner as shall be provided by any General Order of the Lord Chancellor in that behalf." The Legal Observer, AND SOLICITORS' JOURNAL. SATURDAY, AUGUST 26, 1854. ARRANGEMENT OF book-keeping. Let us hear no more, SOLICITORS' BUSINESS, AND PLAN therefore, of the inability of lawyers to OF ACCOUNTS. comprehend any kind of accounts,-banking, mercantile, or any other. The plan which we have to submit to PARLIAMENT having been prorogued and our Readers will probably be considered by the Courts adjourned, great activity does or those who are just commencing practice, or ought to prevail in the offices of Attorneys who have attained only a small extent of and Solicitors in making out the accounts business, as too elaborate and complicated; of the legal year. We probably cannot, but we deem it expedient to lay the whole therefore, render a more acceptable service scheme before them, for we are persuaded than submitting to them a very compre- it will be generally useful to many practihensive plan of solicitors' accounts, in com- tioners, and every one will be benefited by piling which we have been kindly aided by selecting such portions as are adapted to a solicitor of great experience and extensive the circumstances connected with his indipractice. vidual practice. We are the more disposed to devote some space to this subject for the purpose of removing a prejudice which exists to the serious injury of our brethren, namely, that "Lawyers are bad accountants." Now, a moment's reflection ought to convince any one that an attorney, even in a moderate extent of practice, must necessarily possess considerable skill and experience in the keeping of accounts. The money which passes through his hands in the ordinary course of his business, and the sums which are intrusted to him on behalf of his clients, amount to several thousands annually. In many large offices the gross amount of bills of costs varies from 20,0007. to 40,000l. a year, and the cash transactions frequently exceed 100,000., and are sometimes half a million or more. We proceed, then, to state the details of our Plan of BUSINESS BOOKS and Account Books. 1. Cause and Business Lists:-A Cause and Business List to be kept in the office of each principal, containing all the causes and business in all the departments,each class of causes or business to be kept distinct in the list under the proper heads, that is to say: : 1. Actions in the Common Law Courts. 2. Suits in Chancery. 3. Conveyancing. 4. Trusts and executorships. 6. Bankruptcy. 7. Miscellaneous business. Thus each principal will not be ignorant of or forget any business in the office, but It is evident, therefore, that a regular be able to review the causes and business system of book-keeping must exist in every either every evening or every week, and solicitor's office, and it will be observed by thereby keep alive the attention of himself the Annual Report of the Council of the and clerks to everything occurring and Incorporated Law Society that amongst passing in the office, and in case of being other improvements in Legal Education, it addressed by a client he will have no diffiis proposed to examine the Candidates for culty in answering him. To appear to a admission on the Roll in arithmetic and client ignorant of the business in the office VOL. XLVIII. No. 1,381. S |