Incorporated Law Society-Annual Report of the Council. 329 The Society have to regret the death of 24 the reach of all the members of the Profession, members during the past year, and the retire. who, by enrolling their names, are enabled to ments of 33, and 24 members were excluded qualify their articled clerks for admission to last year for nonpayment of Subscriptions, the library and lectures, and supply them with making together 81. The new members elect-improved means of acquiring legal knowledge ed and qualified are, as before stated, 237, in accordance with the Charter of the Institumaking the present number of members, 1457, tion. being the greatest number that has ever existed; and several additional members have been proposed, who have not yet been elected. (Signed) G. H. KINDERLEY, President. ANNUAL GENERAL MEETING. 1. Read the circular convening the meeting, and the minutes of the last Annual General Meeting. Vacancies in the Council.-The members PROCEEDINGS AND RESOLUTIONS AT THE will have observed by the circular convening this meeting, that there are three vacancies in the Council, which have occurred during the past year. They have particularly to regret that one of those vacancies has been occasioned by the decease of Mr. Warren, who was elected a member of the Council in the year 1852. The Council have also to regret the retirement of Mr. Amory and Mr. Harrison. Both of these gentlemen were elected members of the Committee of Management under the Deed of Settlement in the year 1827, and reelected under the two Charters of Incorporation. Mr. Amory had been invited to the office of President of the Society, but his state of health did not enable him to undertake its onerous duties. Mr. Harrison was elected President for the year 1850-51. The Society has been long indebted to both these gentlemen for the advantages derived from their great experience and sound judgment. The Library now consists of 11,468 volumes, comprising an increase of 330 during the year. The members continue to avail themselves of this extensive collection, and nearly 200 articled clerks of members, as annual subscribers, have also resorted thereto. The Lecturers of the past year were Mr. John Wilson on Conveyancing, Mr. Archer Shee on Equity and Bankruptcy, and Mr. Garth on Common Law and Criminal Law. The latter gentleman has completed his course of two years, and the vacancy will be supplied in the course of the ensuing month. Besides the members of the Society, the number of articled clerks and other subscribers, who attended the several courses of lectures was 206. The State of the Funds of the Society will appear in the Auditors' Report, copies of which have been laid in the Secretary's Office, according to the Bye Law, for the inspection of the members. The Council would still exhort the members to continue their exertions in promoting the extension and welfare of the Society, both in town and country. At a period when the changes in the law accomplished or projected are so numerous and important, the interests of the Profession, and of the Public, seem more than ever to require that a Society actively engaged in watching and examining the measures which are to work alterations in the constitution of the country and the general administration of the Law, should receive the most strenuous support. The numerous advantages of the Society are now placed within 2. Read the Annual Report of the Council. RESOLVED, that the Report of the Council be received and entered on the minutes; and the Report, or such parts of it as the Council shall think fit, be printed for the use of members. 3. Read the Auditors' Report of the Accounts of the Society. RESOLVED, That the Auditors' Report be approved and signed by the Fresident. 4. The President having stated the vacancies in the Council and Auditors, RESOLVED, That Benjamin Austen, Keith Barnes, John Coverdale, James Leman, William Henry Palmer, Edward Rowland Pickering, John James Joseph Sudlow, William Williams, and John Young, be and they are hereby deemed and declared to be elected members of the Council, in lieu of those who go out of office by rotation. That William Stephens be and is hereby deemed and declared to be elected a member of the Council in lieu of Augustus Warren, deceased. That Bartle John Laurie Frere be and he is hereby deemed and declared to be elected a member of the Council in lieu of Richard Harrison, resigned. That Alfred Bell be and he is hereby deemed and declared to be elected a member of the Council in lieu of Samuel Amory, resigned. That John James Joseph Sudlow be and he is hereby deemed and declared to be elected President of the Society. That Keith Barnes be and is hereby deemed and declared to be elected Vice-President of the Society. That Edwin Ward Scadding, John Marmaduke Teesdale, and Richard Minshull Jones, be and they are hereby deemed and declared to be elected Auditors of the Accounts of the Society. 5. It was proposed by the Council, moved, seconded, and RESOLVED, That the 65th Bye Law, relating to the exclusion of members for misconduct be repealed, and that the following Bye Law be substituted in lieu thereof: "If any member shall, in the opinion of the Council, be guilty of any act which renders him unfit to remain a member of the Society; or if a requisition in writing, signed by three or more members of the Society, not being 330 OATHS IN CHANCERY. Appointed under the 16 & 17 Vict. c. 78, with Barrett, Charles Prentice, Eton. Aug. 11, DISSOLUTIONS OF PROFESSIONAL PART London Commissioners in Chancery.-Professional Lists.-Notes of the Week. 1210181030 7/ :2= members of the Council, shall be presented cOUNTRY COMMISSIONERS TO ADMINISTER to the Council, stating ground of complaint against a member of the Society, a copy of the resolution of the Council on the subject, or a copy of the requisition, as the case may be, shall be sent to such member; and at least 10 days' notice shall at the same time be given to him of a meeting of the Council fixed for the consideration of the subject, at which meeting such member shall be heard, if he think proper, thereon. And, in case the Council shall thereupon be of opinion that such member ought to be excluded from the Society, they shall report their opinion thereon to a General or Special General Meeting of the Society; and they shall, in the notice convening such meeting, state the fact of a resolution of the Council having been come to on the subject, or a requisition presented, as the case may be; and such member shall be liable by the order and resolution of such meeting of the Society to be excluded from the Society, and immediately thereupon he shall cease to be a member thereof. But no order shall be made at any such Meeting of the Society for the exclusion of any member of the Society unless 50 members at least shall be present at the time ap pointed for the chair to be taken at such meet-ters Patent to be passed under the Great Seal ing, or within half an hour afterwards." 6. It was moved by Mr. Lyon, seconded by Mr. J. B. Kelly, and - RESOLVED, That the cordial thanks of the meeting be presented to the President in particular, and to the Council in general, for their able and successful exertions in opposing the South Sea Company and the Executor and Trustee Bills. 7. It was moved by Mr. Sudlow, seconded by Mr. Nicol, and RESOLVED, That the cordial thanks of the Society be presented to Mr. Kinderley, the President, for his able conduct in the chair, and for the great attention, zeal, and ability he has bestowed during his year of office, as well in behalf of the best interests of the Society as of the Profession in general. (Signed) G. H. KINDERLEY, President. 1st August, 1854. LONDON COMMISSIONERS TO AD- NERSHIPS. From 25th July to 18th August, 1854, both Barlee, Bungay, attorneys and solicitors. NOTES OF THE WEEK, STATUTE LAWS' COMMISSION. Lord Cranworth, Lord High Chancellor; the Superior Courts: Lord Chancellor.-Lords Justices.-Rolls. RECENT DECISIONS IN THE SUPERIOR COURT S. Upon a sale by tender in the country by accountants, of the stock in trade and premises of a bankrupt, held, on appeal from Mr. Commissioner Skirrow, that the scale in London of an intermediate allowance between that on a sale by auction and by valuation, is proper. THIS was a petition by way of appeal from the decision of Mr. Commissioner Skirrow, taxing the bill of Messrs. Hunt, accountants. for selling by tender the stock in trade and premises of this bankrupt. The Lords Justices had declined to interfere, on the ground that they had no jurisdiction, under the 12 & 13 Vict. c. 106, s. 12, but with liberty to apply to the Lord Chancellor (reported ante, p. 249). Karslake in support; Little for the assig nees. A testator gave a sum of money after the determination of certain life estates to the corporation of a town, to be applied in such manner and for such purposes as they should judge to be most for the benefit and ornament of the town: Held, dismissing with costs un appeal from the Master of the Rolls, that the gift was not void under the Statute of Mortmain (9 Geo. 2, c. 36), as contemplating the necessary purchase of land. THIS was an appeal from the decision of the Master of the Rolls (reported ante, vol. 47, p. 404). The testator, by his will, directed that the interest on a sum of 1,000l. four per cent. Bank Annuities, should be paid to his three daughters for their lives, and after the death of the survivor of them, to be transferred to the plaintiffs, and be applied in such manner and for such purposes as they shall judge to be most "for the benefit and ornament of the said town." The Muster of the Rolls held, that the gift was not void under the Statute of Mortmain (9 Geo. 2, c. 36), and directed a reference at Chambers, to settle a scheme, with the assistance of the Attorney-General, whereupon this appeal was presented. R. Palmer and W. Hislop Clarke for the 331 A testator directed his executors to pay the profits of a farm, which they were to carry on until his youngest daughter should attain 21, for the joint benefit and maintenance of his wife, and of his natural daughter, and of his other daughters, when the same was to be soid, and the proceeds equally divided between his said wife and all his daughters share and share alike, and that his wife's share should on her death be also divided between his daughters tenants in common: Held, that the natural daughter was entitled to an equal share with the other daughters. as THE testator in this special case, under the 13 & 14 Vict. c. 35, after directing the executors of his will to pay the profits of his farm, which they were to carry on until his youngest daughter should attain 21, for the joint benefit and maintenance of his wife and of his natural daughter, and of his other daughters, directed that the farm should then be sold, and the proceeds equally divided between his said wife and all his daughters, share and share alike, and that his wife's share should on her death be also divided between his daughters as tenants in common. The question now arose, whether the illegitimate daughter was entitled to share equally with the other two daughters upon a sale. Palmer and Baggallay for the two legitimate daughters. The Master of the Rolls (without calling on Roupell and Dickinson, for the other daughter) said, that she was clearly entitled under the will to an equal share with the two other daughters. Saward v. Macdonnell. Aug. 4, 1854. MASTERS IN CHANCERY ABOLITION ACT.— ASSISTANCE OF ACCOUNTANT IN TAKING ACCOUNTS. A petition was refused with costs to transfer the taking of the accounts in a suit from the Master, to whom a reference had been made to the chief clerk at Chambers, in order that the assistance of an accountant might be obtained under the 15 & 16 Vict. c. 80, s. 42, notwithstanding the Master certified that the accounts were complicated, and that such assistance was requiredés val THIS was a petition to transfer the taking of 332 Superior Courts: Rolls.-V. C. Kindersley.—V. C. Stuart.-V. C. Wood. the accounts in this suit from the Master, to whom a reference had been made, to the chief clerk at Chambers, in order that the assistance of an accountant might be obtained under the 15 & 16 Vict. c. 80, s. 42, which enacts that "it shall be lawful for the said Court, or any Judge thereof, in such way as they may think fit, to obtain the assistance of accountants," &c., "the better to enable such Court or Judge to determine any matter or issue in any cause or proceeding, and to act upon the certificate of such persons." وو Torriano, in support, stated that the Master had certified that such assistance was required as the accounts were complicated. The Master of the Rolls said, that the order could not be made, and the petition was accordingly dismissed with costs. Held, that the filing of a replication is ir regular to the answer of a defendant who had died since answer, where the suit had not been revived against the representatives; but with leave, under the circumstances to the plaintiff to amend by striking out such defendant's name in the replication, and to bring his representatives before the Court. Glasse and Southgate appeared in support of this motion to take off the file the replication to the answer of a defendant who had since died, and of which fact the plaintiff's solicitor was aware. Baily and W. W. Cooper for the plaintiff, contrà. The Vice-Chancellor said, that as the suit was not revived against the representatives, the replication was irregular, but as there was an irregularity in the notice of motion, there would be no costs on either side, and the plaintiff might amend by striking the name out of the replication, and bring his representatives before the Court. DUE. Held, that an application cannot be entertained for the direction of the Court in reference to dividends to which a ward of Court, who had married without consent, was entitled to her separate use, until the settlement has been executed by the husband. THIS was an application for the direction of the Court in reference to certain dividends to which a ward of Court was entitled to her separate use, where she had married without the consent of the Court, and the husband had not yet executed the settlement, although approved by the chief clerk. R. S. Tripp in support. The Vice-Chancellor said, that the application could not be entertained until the settlement had been executed. Vice-Chancellor Stuart. Goodall v. Gawthorne. August 3, 1854. TENANCY IN FEE. — POSTHUMOUS HEIR. INTERMEDIATE RENTS. Upon the death of the tenant in fee of certain real estates, his sisters became his coheiresses-at-law, but with defeazable rights. A posthumous son was afterwards born. Held, that as the sisters had not entered and received the rents due between the father's death and the birth of the son, they were not entitled to recover the same after their seisin was gone, and that the heir was therefore entitled. IT appeared that on the death of the tenant in fee of certain real estates, his sisters became his coheiresses-at-law, but with defeazable rights, and that a posthumous son was afterwards born. The sisters presented this petition claiming the rents which had accrued due before his birth. Wigram and Webster in support; Amphlett, contrà; Goodeve and Selwyn for other parties. The Vice-Chancellor said, that as the petitioners had not entered and received the rents, they were not entitled to recover them after their seisin was gone, and the heir was therefore entitled. Vice-Chancellor Wood. In re Harris' Trust. August 4, 1854. WILL. CONSTRUCTION.-"ELDEST CHILD." A testator gave the interest on certain South Sea Stock to his wife for life and, on her death to his sister, Jane H., for life, but if she should not be alive at the death of his wife (and which was the case) he directed the same should be equally divided between the eldest children of his sisters Henrietta and Anne: Held, that the eldest children at his death, and not at the date of the will, were entitled. THE testator, by his will, gave the interest on certain South Sea Stock to his wife for her life, and on her death to his sister, Jane Harris, for life, but if she should not be alive at the death of his wife (and which was the case) he directed it should be equally divided between the eldest child of his sister, Henrietta Gaselee, and the eldest child of his sister, Anne Church. This petition was presented by the eldest daughter of Mrs. Gaselee at the testator's death, claiming the moiety. Rolt and R. W. E. Forster in support; Daniel, Freeling, G. M. Giffard, and Edmund James for the next of kin, who claimed upon the death of the eldest daughter at the date of the will. The Vice-Chancellor said, that as the eldest child was not mentioned by name, the testator could not have intended to refer to a persona designata, and the eldest child at his death was entitled. The Legal Observer, AND SOLICITORS' JOURNAL SATURDAY, SEPTEMBER 2, 1854. REMUNERATION OF SOLICITORS. AD VALOREM CHARGES.-AUCTION PENSES. EX THE Long Vacation has commenced, and we would strenuously urge upon the members of the Profession the advantage of availing themselves of the leisure which it affords to consider the subject of their remuneration, which we have from time to time brought under their notice. The subject must force itself on the notice of the public sooner or later, and it is well to be prepared when the time arrives. Two of the evils most complained of at the present time are, the difficulty and delay which exist in the disposal of real property as compared with shares, debentures, and other securities of a similar nature; and the costly machinery, as compared with a sale at the Stock Exchange, of a sale by Auction, which, we believe, operates to deter persons of limited means from investing their money in house property. It seems, indeed, well worthy of the consideration of the Profession, whether they should not establish an exchange of their own for effecting a sale of estates and procuring investments of money, so as to lessen the expenses of public auctions. Let the effect of the great and numerous reforms which have been made in the Law during the last 30 years be well considered We do not, of course, mean that soliciin connexion with the practical spirit of tors should become auctioneers, but we bethe present day, so averse to useless forms. lieve it would be a great advantage if Especially let us bear in mind the remark- readier means than now exist were afforded able competition to which the land is of disposing of what are called "good inexposed by railways and other public com- vestments,"-such as freehold and leasepanies, and that the cheapness and simplicity hold houses, where the value is a mere of their statutory modes of transfer render matter of calculation, and which might, we debentures and shares a more favourite in- think, be very satisfactorily disposed of vestment for capital, in spite of the frequent through the medium of solicitors, if a public smallness of the dividends paid, and the room or office were established for the purmisery and ruin which an over-speculation in pose. Of course, anything of a speculative these securities have brought about. Con- character, such as building land, or investsider, also, the Encumbered Estates Act for ments of that kind, it would be advisable to If some Ireland, and another just passed for the West submit to general competition. Indies, and the simple mode of transfer plan of this kind were adopted, and found to adopted under them, as compared with our answer, it might also be made available for own. Again, the numerous schemes which effecting loans on mortgage. are afloat for simplifying the transfer of real But to return to the subject before us :property,-all tend to show that great and The points to which it seems to us the soimportant changes are pending in the sys-licitors ought to direct their attention in tem of conveyancing, and which, if un-altering the present mode of charging for accompanied by other changes and an their professional services, should be to alteration in the present mode of remune- establish a system of payment by a fixed ration, may operate most unfairly and in- fee ;-having reference to the value of the juriously on the just interests of the property, the urgency and importance of Profession. business, and the skill required in its con Τ |