20 Chancery Reform.-Notes on Equity. NOTES ON EQUITY. THE CUSTODY OF INFANTS ACT, BLACKSTONE says, with respect to the " This Thus stood the law until the formed by the Masters in Chancery. They have neither time nor technical knowledge to fit them for the task. The clerks in court, as a body, have passed through no course of practice like that of a solicitor which can enable them rightly to appreciate his services, or to hold the balance with an even hand between the solicitor and the client. It is manifest that solicitors who have been in extensive practice, are, of all persons the most competent to estimate the proper charges, because they know the labour bestowed, the difficulties overcome, and the responsibility incurred by the soli-78; Rex v. Greenhill, 6 Nev. & M. 244; citor, and when their personal interest Ball v. Ball, 2 Sim. 35."-Rights of Perceases by retiring from practice, we should sons, p. 488. suppose the suitor or parties would be satis- last session of parliament, when the Custody fied with their decision. It will be recol- of Infants Act was passed, which was, when lected that in assessing the amount due to originally brought in, intended to have a a merchant or tradesman for goods or work, much more extensive operation. The act is the court and jury are obliged to rely on the printed 18 L. O. 356. It will be seen that all evidence of persons engaged in the same that is done by it as it passed, is to enable the kind of business, to prove the reasonableness Lord Chancellor, [Vice Chancellor], and the of the claim. So far indeed from its being Master of the Rolls, both here and in Ireland, objectionable to entrust the duty of taxation "if they shall see fit," to order the mother to solicitors, we incline to think they are as access to any infant child in the custody of likely as any other class of persons to deal the father or of any person by his authority, strictly with their former brethren, and their or of any guardian after the death of the practical knowledge would certainly enable father, under such regulations as the judge them to detect any attempted overcharge. shall deem convenient; and if the infant shall be within seven years of age, It might, however, be more satisfactory to the public if a proportion of the taxing fant may be delivered to and remain in the officers were chosen from the bar; the union custody of the mother until attaining such of members of both branches of the pro- age, subject to such regulations, (s. 1.) fession, would probably secure general apBut no mother against whom adultery has probation. A board thus constituted, should, been established shall be entitled to the however, be guided by a set of regulations benefit of the act, (s. 4.) Under these which would apply to all ordinary cases; circumstances, application may be made by but they should have a discretionary power petition under the act. to make larger allowances on special occasions, subject to revision by one of the Superior Courts. If such a board of taxation were established, its certificate of allocatur should have the effect of a judgment, for it would be but reasonable that if the client were enabled to tax a conveyancing bill which now can be contested only before a jury, the solicitor should stand in the same situation as if a trial had taken place; the taxing officers being substituted for the jury, who even now must depend on the testimony of other solicitors regarding the fairness and usual amount of the items. Other suggestions might be made, but we have said enough for the present to call attention to the subject. FOREIGN MONARCH. such in We have recently seen that a foreign monarch is treated precisely as any other suitor in our Courts of Law, if he comes the same rule obtains in Equity. "I am of there voluntarily. We shall now show that opinion," says Mr. Baron Alderson, “that her most faithful Majesty, being a suitor voluntarily in a Court of English Law, becomes subject in all matters connected with that suit to the jurisdiction of the Court of Equity (the Equity Exchequer); that the discovery prayed by this bill is material to the plaintiff's defence at law in that suit, and that this demurrer is too large and must be overruled, and that it should be with costs. The demurrer was, that as a sovereign, the suit was not maintainable against the Queen. Rothschild v. Queen of Portugal, 3 Yo. & Col. 594. The New Judge.-The Serjeants.-Reform in the Record Offices. HUSBAND AND WIFE. If a wife agrees to waive the further prosecution of an indictment against her husband for an assault, in consideration of his allowing her an annuity by way of separate maintenance, this is an illegal contract, though entered into with the sanction of the court in which the indictment is to be tried, and the wife cannot claim the arrears of the annuity as a debt against her husband in competition with her husband's creditors. Garth v. Earnshaw, 3 Yo. & Col. 584. As to the effect of separation between husband and wife, see 18 L. O. 371. THE NEW JUDGE. 21 the midst of the attack a bagpipe was heard playing "The Campbells are coming," but we believe this is a mere idle rumour. We have been favoured with a series of melodies, composed on this melancholy occasion, which are entitled the "Lays of the last Serjeants." They are somewhat unsuited to our pages, but we trust our graver readers will pardon our giving one or two of them, and that even the learned band of brothers "a may excuse our correspondent's nonsense verses. ; THE SERJEANTS' TEARS. leather;" We believe that the Solicitor General is to be the new Judge, and Mr. Sergeant Wilde Solicitor General. It will be remembered, that some weeks ago, on the death of Mr. Justice Vaughan, we augured that this would be the most probable arrangement; (see 18 L. O. 451.) At the time we write this (Wednesday) the appointments have not been actually made, but the only reason for the delay is, we understand, that it is intended to remove Mr. Baron Maule into the Common Pleas, and to appoint Sir R. Rolfe to the vacant seat in the Exchequer Bench. This will certainly be the more desirable plan, as although not entirely unacquainted I will be recollected that by the 1 & 2 Vict. with common law practice (having gone the Norfolk circuit in former times with C. 94, the Master of the Rolls was appointed much success), yet he is, of course, more Keeper of the Records of the Kingdom, familiar with equity, which will probably be with power to appoint an Assistant Record We trust assigned to him in the Exchequer. The Keeper, and proper clerks, &c. plan of a settled Court in Equity Exchequer that the late long vacation has enabled his may thus be easily tried, and it may be seen what relief it will afford the Court of Chancery. We forbear making any further remarks on those appointments until they are officially announced. THE SERJEANTS. REFORM IN THE RECORD OFFICES. Lordship to make some progress in the in tended improvement of the Record Offices. We hear that in several of them the practice is still continued by some of the clerks We of acting as agents in record cases. understand the Master of the Rolls intends to abolish this grievance: it is a very serious one, and we hope his Lordship will not defer carrying his determination into effect. We are told, that on one occasion, where a clerk in a Record Office was engaged for one of the parties, a record of great im THE Sergeants have again risen, and the Whether they will become masters of it is Common Pleas in his eye when he wrote the a Shakespeare evidently had the Court of We few, we happy few, we band of brothers!" defective, which the indulgent reader is re b The rhymes are in several instances very quested to forgive. This is an abominable cockneyism: it shall be amended in a second edition." 22 Reform in the Record Offices.-Changes in the Law. portance was not to be found in its usualment of the said sum of three shillings for the place, the clerk having, as it afterwards insertion thereof, in such form as the court for turned out, removed it for the purpose of the relief of insolvent debtors, or any commistranslation for his client, and had not re-rect: And whereas it is just and expedient sioner thereof, should from time to time diplaced it. The opposite party proceeded to trial, confinent that the Record in question, for which diligent search had been made, did not exist. When the trial came on, the Record was unexpectedly produced, and the party against whom it was given in The evil was partially cured by a new trial, on the ground of surprise, but at great expense. It may be that the omission to restore the document was purely accidental; but whatever might be the cause, it is manifest that no officer, having the custody of public documents should be open to the suspicion of acting unfairly. evidence lost his cause. that the said act should be altered and amended as herein-after mentioned: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in this present parliament assembled, and by the authority of the same, that so much of the said act as is herein before recited shall be and the same is hereby repealed; and that from and after the passing of this act all printers and proprietors of newspapers shall and are hereby required to insert any advertisement or advertisements by the said recited act directed to be inserted in any newspaper, on insertion thereof, in such form as the said payment of a reasonable compensation for the court, or any commissioner thereof shall from time to time direct. If inadequate salaries are paid to the Record Clerks, the amount should be in- 2. The Court may appoint persons to receive creased, so that they may devote their time recognizances.-And whereas it is expedient to preparing indexes, and properly arrang. that persons residing at a distance greater than ing the documents in their charge, whereby Street who may be willing to enter into recogten miles from the court house in Portugal such mischiefs as that we have alluded to nizances of sureties for the due appearance of may be altogether prevented. It is uni-insolvent debtors before the court, or before versally acknowledged that no Judge can be more anxious to discharge his duty than the present Master of the Rolls, and we therefore look forward to an early and effectual remedy of the evil in question. CHANGES IN THE LAW 2 & 3 Vict., c. 39. commissioners on their circuits, or before justices of the peace in Berwick-upon-Tweed, should be enabled to enter into such recognizances without the necessity of appearing for such purpose before the court itself at its usual and ordinary place of sitting; be it therefore enacted, that the chief commissioner and other the commissioners of the court for relief of insolvent debtors for the time being shall and inay, by one or more commission or commissions under the seal of the said court from time as occasion shall require, empower such and so many fit and proper persons as they shall think necessary, in all and every the several towns An Act to amend an Act passed in the last Ses- the town of Berwick-upon-Tweed, to take and and counties within England and Wales and sion of Parliament, for abolishing Arrest receive all and every the recognizance or reon Mesne Process in Ciril Actions except cognizances of sureties into which any person in certain Cases, for extending the Reme-shall be willing to enter into for the due apdies of Creditors against the Property of Debtors, and for amending the Laws for pearance of insolvent debtors according to such the Relief of Insolvent Debtors in England. such form as the court, in pursuance of the several and respective recognizances, and in [17th August, 1839.] statute in that behalf, may and shall direct and 1 & 2 Vic. c. 110. Repeal of Provision in require. recited act respecting insertion of advertise- 3. Persons empowered to enter into recogniments. Whereas by an act passed in the last zances, &c.-And be it enacted, that in any session of Parliament, intituled "An Act for case of a prisoner whose estate and effects shall abolishing Arrest on Mesne Process in Civil have been or shall hereafter be, by order of the Actions except in certain Cases, for extending Court for the Relief of Insolvent Debtors, the Remedies of Creditors against the Property vested in the provisional or other assignee, of Debtors, and for amending the Laws for and who shall be confined in the gaol of any the relief of Insolvent Debtors in England," it county, town, or place other than in London, was amongst other things enacted, that the sum Southwark, Middlesex, or Surrey, and who of three shillings and no more shall be paid to shall have filed his schedule in the said court any printer or proprietor of a newspaper for according to the statute in that behalf, it shall the insertion of any advertisement by that act and may be lawful for any person or persons directed to be inserted in any newspaper, and who may be willing to enter into such recogniall printers and proprietors of newspapers were zances as before mentioned, whose usual and thereby required to insert the same, on pay-ordinary place of residence shall be distant Changes in the Law.-United Law Clerks' Society. more than ten miles from the Court House in Portugal Street, London, to appear before a person duly appointed and empowered in manner aforesaid, and there to enter into and acknowledge such recognizance of sureties for the due appearance of the insolvent, according to such forms and in such terms and manner as shall or may be prescribed by the said court; which said recognizances of sureties so taken as aforesaid shall be transmitted and filed in the said court, with an affidavit of the due taking of the said recognizances of such sureties by some credible person present at the taking thereof, upon payment of such fees as have been usually received for the taking of recognizances in the said court; which recognizances so taken, transmitted, and filed shall be of the like force and effect as if the same were taken before the said court; for the taking of every such recognizance of sureties the person or persons so empowered shall receive only the sum or fee of two shillings and sixpence and no more. 4. Commissioners to make rules for regulating the amount and the taking of recognizances. And be it enacted, that the commissioners of the said Court shall make such rules and orders regulating the amount and for the taking of such recognizances as to them shall seem meet, so as such sureties be not compelled to appear in person in the said Court to justify themselves, but the same may and is hereby directed to be determined before the said Court, or a commissioner thereof, by athidavit or affidavits duly taken before the person or persons so empowered as aforesaid, who are hereby empowered and required to take 23 UNITED LAW CLERKS' SOCIETY. THE following is the Seventh Annual Report "After the experience which seven years has "It will, therefore, be obvious, that the Society should from time to time present to its benefactors and members some account of the management of the resources which they have placed at its disposal; and for this purpose it again devolves upon the Secretary, in this, the Seventh Annual Report, to enter briefly upon such a statement as will satisfy both the donors and the members, that its funds have been honestly and judiciously appropriated. "The entire income of the Society may be divided into two branches-one, which arises from subscriptions and donations to the General Benefit Fund, and the other, from subscriptions and donations to the Casual Fund; and in shewing the state of the accounts it will be necessary to keep the transactions of each fund ⚫ the same. 6. Court to order discharge of insolvent when sureties justified by affidavit, &c.-And be it enacted, that as soon as such sureties shall have justified by affidavit in manner aforesaid, and such recognizances as herein before mentioned shall have been filed, the said court shall thereupon issue a warrant to the gaoler for the discharge of such insolvent from custody accordingly, and who shall have such and the like privileges and be subject to the like liabilities as the statute in that behalf directs. "The first, and principal branch is, the General Benefit Fund, upon which is charged all allowances and payments in respect of sickness, superannuation, and death: and in reference to the annual statement, made on the 6th of April last, it appeared that the capital of the Society then amounted to 2,4487. 128. 10., shewing an increase since the last year. of 6087. 2s. 7d.; being an excess in the receipts over the expenditure of the current year, and which forms the saving of the Society during that period; although it might reasonably be expected from the increase of the members, that its liabilities and expenditure would be greater, it is most satisfactory to state, that the savings of the present year are larger than that of any one which has preceded it. "In carrying on the management, and regulating the expenditure of the Society, the utmost efforts have been made to add to its accumu7. Commencement of act.-And be it enacted lation already invested with the commissioners that this act shall commence and come into of the national debt, for the purpose of formoperation on the first day of October one thou-ing a guarrantee or reserve fund, in case of sand eight hundred and thirty nine, except where any other commencment is specified in this act. any unexpected pressure or claims upon the society; and it will be seen from the half yearly account, made up to the 20th of May last, that the sums invested up to that date, amounted to 2,3751. 7s. 11d., and adding 427. 188. 8d., the half year's interest then due thereon, and a subsequent investment of 2007. not yet brought into that account, the total deposit and interest with the commissioners of the national debt at the present time, have increased to 2,6181. 6s. 7d. "From this account it will appear that the whole capital of the society, except a small sum reserved for its current expenses, has been transferred from the hands of the treasurer, into the names of the trustees at the National Debt Office, where it is left to accumulate at a fixed interest of 31. 16s. 84d per cent. "It becomes necessary to enter into these details, to shew that the Society's resources are increasing, and to remove any doubt which exists of its safety, as well as its capability, to provide for all the benefits offered by its rules: there still being a numerous class of persons who have yet to avail themselves of its provisions; and it is hoped that the members of the profession, who have been desirous of promoting its welfare, will urge upon their own clerks the prudence of joining it, and of becoming, should adversity overtake them, participators in a fund intended more extensively to diffuse its benefits. "The general revision of the rules, will, in the course of the next year, come under consideration. Past experience having suggested a modification of many of their provisions so as to adapt them to the altered circumstances and prospects of the society; and it being considered practicable to extend its operations, to increase its benefits, and to remove some of the restrictions at present existing, it is confidently expected that any plan emanating from this society, tending to elevate and improve the condition of law clerks, will meet with the same encouragement which has been extended to its former, and hitherto successful efforts; and it cannot be doubted that still greater good may be accomplished, particularly if the great body of clerks become sensible that their happiness, as well as interest, can be secured by acting upon principles of mutual advantage and support. curred, being the same number as that of the former year, to all of which the present fixed allowance of one guinea per week has been made; the four most severe cases have terminated in death, and the sum of 2007. has been paid to the ir nominees and widows, being an allowance of 50l. to each; and it may bere be stated, that further assistance is frequently extended to the widows of members, in addition to the above allowance, should their future circumstances ever require it. "It will, on reflection, be apparent, that as the number of members has increased since the last year, without any increased demands on the funds, the sickness and mortality must be considered to have proceeded in a decreased ratio, a circumstance indicating the general good health of the members of the society; but there is one case of superannuation, which still continues, being that of a member afflicted with paralysis, and who has received a weekly allowance for some years past. "The next and subordinate branch of income and expenditure, is in respect of the casual fund, which is appropriated to loans and temporary assistance to members, in addition to the general benefit fund, and in relieving persons unconnected with the society, being clerks, their widows and families. The balance in hand on the 1st day of July last, the date of the last audited account, amounted to 1237. 188. 5d., consisting of money subscribed by the members, and a proportion of the donations occasionally appropriated to this fund, for the purpose of carrying out more efficiently, its various benevolent objects. "In the course of the year, advances of 51. each, have been made to ten of the members, requiring them to be repaid by instalments on their personal security. Fifteen deserving applicants for relief have been assisted by various sums, awarded according to the nature of each case, strict inquiry having been previously instituted in all. Others were found to be undeserving, or to have been too much in the habit of relying upon the mistaken sympathy of the "Since the publication of the last report, the Profession towards them. From the experisecretary is able to announce an accession of ence the society has already had in this departmany eminent members of the profession as ment of expenditure, it feels justified in recomdonors; and among others the Honorable Mr. mending the greatest caution in administering Justice Littledale, Mr. Serjeant Andrews, the relief, not only to prevent imposition, but as Honorable Mr. Justice Patteson, the Right the only means of checking the increase of a Honorable Sir N. C, Tindal, the Regis- practice most degrading in its tendency on the trars of the Court of Chancery, Messrs. Bax-future prospects of the individuals themselves; endale, Tatham, and Co., Messrs. Bourdillon and in order to aid the exertions of the and Sons, Messrs. Home, Loftus, and Young, society in suppressing all casual and uncertain Messrs. Roy, Blunt, and Co., William Tooke, charity, it is earnestly requested that the proEsq., Mr. Alderman Thomas Wood, Mr. Al- fession will co-operate by sending cases for inderman Harmer, and Sir George Stephen.vestigation and relief, employment having Many other names could be mentioned if the limited extent of this report would admit of it, to shew the increasing confidence entertained by the profession in this society, as representing a large and industrious body of men. "The next subject to which it is necessary to advert, and one of great importance, as affecting the prospect of the Society, is the number of claims made upon it during the year. It appears that nine cases of sickness have oc been obtained for some, and small gifts of money given to others, who appeared to be industrious and deserving persons. "The library for reading and reference, has been found useful among the junior members of the society, and the registry which is established for supplying clerks with situations, furnishes the society with the means of procuring employment for the members requiring it, and a source from which the profession may |