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Business of the House of Commons.-Chancery Reform.--Properly Lawyer.
There are also many members of the pro- the private businesss of Parliament. The fession who, although they may be unqua- committee consists of Mr. Freshfield, Mr. lified for the more brilliant walks of the Hayter, Sir Edward Sugden, Dr. Nicholl, profession, yet might be here advanta- Sir Charles Grey, Mr. Darby, Mr. Blake, geously occupied. We venture to throw Mr. James Stewart, and Mr. Serjeant Curry. out this suggestion, with a sincere belief Five to be a quorum. that the learned persons who act as benchers are really desirous of benefitting the profession of which they are the ornaments.
The state of the Courts of Chancery conTHE BUSINESS OF THE HOUSE OF COMMONS.
tinues to attract much public attention.
Returns have been moved for respecting
the Six Clerks' and Master's Offices, which, The business of the House of Commons, if made, will prove the truth of the statewhich peculiarly concerns our readers, is ments which have appeared from time to not so much that which is transacted in the time in these pages. Sir Edward Sugden House, as that which is done in the parts gave notice that he would, on an early day, adjacent—the committee rooms. Two im
call the attention of the House to the state portant changes have taken place as to this of the Court of Chancery; but on the next in the present session. In the first place day Lord John Russell
, in answer to a the act of last session for the Trial of Con question respecting the Judicial Committee troverted Elections (2 & 3 Vict. c. 38; see of the Privy Council
, said that the Lord ante, p. 34,) having come into operation, Chancellor would shortly introduce into the names of all the members of the House the House of Lords a bill for the improvewere called over, and the following excuses ment not only of the Judicial Committee, from serving having been made at the time, but of the Courts of Equity. We rejoice were allowed :-Certain members on
ac- to hear this, although it is only what we count of their being upwards of sixty years have led our readers to expect. We of age; certain members from absence and believe that we can state from good authoill health. The Attorney General until rity, that the Lord Chancellor's scheme Easter, “from the peculiar circumstances will embrace the abolition of the Equity of the business of his office.” Lord John Exchequer, the appointment of two new Russell, Colonial Secretary, the Chancellor Equity Judges, the remodelling the ap. of the Exchequer, and Lord Palmerston, pellate jurisdiction of the House of Lords, Foreign Secretary, from their official emo as well as a very considerable reform both in ployments. Certain other members, as the Masters and Six Clerks' Offices. We being petitioned against ; and lastly, cer- await the new bill with much expectation ; tain other members, as not having been and we apprehend that until it is introduced returned fourteen days, and liable therefore no other step will be taken in this matter. to be petitioned against. These were the only excuses either attempted to be made, or allowed by the House. On the 7th of February the General Committee of Elec
THE PROPERTY LAWYER.
The other alteration is as follows:-On There are at common law three manner of the 11th of February, in pursuance of the rents, -rent-service, rent-charge, and rentrecommendation of the Report of the Select seck. These are the general divisions of Committee on Private Business of last ses. rent, but the difference between them in sion,a a Select Committee was appointed, respect of the remedy to recover them is to which all Divorce Bills should be re- now totally abolished. 4 G. 2, c. 28; ferred. This was partially tried in the last 2 Blackstone by Stewart, p. 19-21, Bút acsession, but the present committee consists cording to the older authorities, where a wholly of lawyers, and their appointment is rent is severed by the act of the party, the an important; tep, as we think, towards tenant shall not be liable to several disaffording a better tribunal for disposing of tresses. Bro. Abr. Distresses, 60; Gilb. on
Rents, 164; Roll v. Osborn, Hob. 25; Wota Sec 18 L. 0. 331, 402.
Shirt, Cro. Eliz. 742. However, this
DISTRESS FOR RENT-CHARGE.
The Property Lawyer. – New Bills in Parliament.
opinion is now overruled. In Bac. Abr.“Rent without the consent or attornment of the M.”it is laid down that if A. possessed of a party, because his consent is not necessary term før twenty years, leases it for ten years, for the perfection of these conveyances. It reserving 301. rent, and afterwards devises is true that the divided portions of the rent201, of the rent to each of his three sons, charge had reunited in one person, in whose equally to be divided, this is a good devise, right the action was brought, but the case and each of his sons shall have an action of was not settled on that ground, but on the debt for his third part, though the reversion general proposition laid down by the Court, remains entire, for there is nothing in the that the rent might be divided. We think, nature of the thing to hinder such a divi- therefore, on the authority of these decision or apportionment; and in Colborne v. sions, that the rent was legally divided in Wright, 2 Lev. 239, it was held that by this case by will, and by deed oparating conveyance of devise or fine to uses, a rent- under the Statute of Uses; and as attorncharge may be divided without the assent or ment, since the statute of 4 Anne, c. 16, is attornment of the tenant, and so as to make no longer necessary to the perfection of any him liable to several distresses, because his grant, we should probably hold that the assent or attornment is not necessary to the form of the conveyance would not make perfection of those conveyances; and this any difference. And this view of the case case has been followed in a recent case, in agrees with what may be inferred from which Lord Abinger, C. B., among other Bacon's Abridgment, 'Rent, M.' to have points, adverted to this, and thus clearly been the opinion of Chief Baron Gilbert on expressed the opinion of the Court :
Rivis v. Watson, 5 Mee. & “The principal point in the case was, W. 255. whether one tenant in common of a rentcharge could distrain for his undivided share, it being contended that, upon these plead- NEW BILLS IN PARLIAMENT. ings it must be taken that the rent in question was a rent-charge, at least not a rentservice, which, it is admitted, might be di- AMENDMENT OF TITHES COMMUTATION ACT. vided, so as to leave a power of distress This is a bill further to explain and amend incident to each portion. And we think the acts for the Commutation of Tithes in that the assumption was proper ; but on a England and Wales. It recites that by the review of the authorities, which were very 6 & 7 W.4, c. 71, s. 67, it is enacted, that ably discussed at the bar, we are of opinion from the first day of January next following that a rent-charge may be divided by the the confirmation of any apportionment in any act of the party, and that the assignee of parish under the said art, the lands of such
parish shall be absolutely discharged from each portion may distrain for it. That it tithes, except as in the said act is provided in was severable by act of law, was admitted certain cases, and instead thereof there shall to be clear; and also it was agreed that it be payable to the person entitled to such could be divided with the attornment or tithes, and in that behalf mentioned in the said express consent of the person chargeable apportionment, a sum of money in the nature with it ; but it was contended, that without of a rent-charge issuing out of the lands such attornment or consent it could not be s. 11, provision is made for the lands in a
charged therewith; and that by 1 Vict. c. 69, done, on the ground that the party would parish being discharged from tithes, (except be made liable to several distresses for the as in the said first recited act is excepted) by same rent. It has, however, been decided agreement between the parties to any parochial by a majority of judges, with reference to a agreeinent or supplemental agreement, from rent service disconnected from the reversion, certain days preceding or following the conthat it might be divided by will, in the case said first day of January next following such
firmation of the apportionment, instead of the of Ards v. Watkins, Cro. Eliz. 637, 651; confirmation"; but so that the first payment of though the same objection was stated, but the rent-charge he made and recoverable at the it was answered, that it was the tenant's expiration of six calendar months from the own fault, and if he paid the rent, he would time from which such lands are discharged from avoid it; and it was also said that the de. the payment of tithes ; and by an act passed vise would enure without attornment; and in the last session of parliament, 2 & 3 Vict. a similar point was decided by the whole under the said first recited act are enabled by
c. 62, s. 10, the commissioners appointed Court in Colborne v. Wright, 2 Lev. 239, their award, and the land-owners and tithe. with respect to a rent-charge; and it was
owners by supplemental agreement, in like held that by the conveyance of devise, and manner to fix the period at which any rentfine to uses, the rent might be divided charge shall coinmence.
And that after an agreement for, or award production of such security, and on proof by of, rent-charge has been made and confirmed affidavit of the amount so due as aforesaid, and by the said commissioners, much delay is of the service of such summons on such landoften occasioned in settling and adjusting the owner or on any occupier of any of the lands apportionment before the same can be con. of such land-owner, in any such parish, by firmed by the commissioners, and by reason leaving the saine at his place of abode, to order of the lands remaining subject to tithes or judgment to be signed at the suit of the said composition for tithes in the meanwhile, such commissioners, and execution to issue in due tithes in many cases continue to be taken in course against such land owner accordingly, kind, or may be so taken on the deterinination or his goods, chattels and estates, for the of any composition existing at the date of such amount so due, and the costs of such applica. agreement or award, notwithstanding that the tion, judgment and execution, as in the case of parties have agreed for, or the commissioners an ordinary judgment in an action of debt; awarded, the sum which, under the provisions and such security shall be available against of the said acts, ought to be taken as the per- such land-owner giving the same up to and manent rent-charge payable instead of such including the half yearly payment accruing due tithes; and great" hardship is thereby occa- next before the confirmation of such appor. sioned, contrary to the spirit and intent of the tionment, and shall be in full force notwithsaid acts.
standing any change in the party entitled to The proposed enactments are :
such rent.charge. 1. That in every case where an annual sum 3. That in every such case the said comby way of rent-charge shall have been fixed in missioners shall make due inquiry as to any any parish, instead of the tithes of such parish, payment of rent-charge made by any such either by agreement or award, it shall be lawful land-owner, in respect of such security, prefor the said commissioners, by a declaration vious to the confirmation of such apportionin writing under their hands and seal of office, ment of such rent-charge, and shall indorse or the hands of any two of them, at any period on such apportionment a certificate of every after the confirmation of any such agreement such payment; and such land owner shall or award respectively, and before the confirma- thereupon, after a confirmation of such apportion of the apportionment to be made in res- tionment, be entitled to recover the amount pect of the rent charge so fixed, upon the specified in such certificate against the lands application in writing of any land-owner, and of the said parish subject to such rent-charge, npon his giving such security to the said coin in the proportions fixed by such apportion. missioners as they shall in their discretion ment, by distress and entry on such lands think sufficient for the due payment to the respectively, and shall have the like remedies parties entitled thereto of such rent-charge or modes of recovery as are given to the from the period to be fixed in such declaration, owners of rent charge for recovery thereof in to declare that the lands in such parish shall the said recited acts, or any of them. be discharged from the payment or render of 4. If security insufficient, arrears may be tithes, or composition or rent instead of tithes, recovered as if accruing after the apportionfrom such day as the said commissioners shall ment. fix in such declaration in that respect; and 5. Security to be free of stamp duty. that, instead thereof, the annnal payınent or 6. Extension of power to fix sum to be paid rent-charge so fixed by any such aivard or after determination of composition, and period agreement respectively, shall be paid to the for commencement of rent-charge. 2 & 3 person entitled to the same by half yearly pay- Vict. c. 62, s. 10. ments, commencing and calculating from such 7. Extension of powers to substitute fixed period of discharge from tithes named in such rent-charge instead of contingent rent-charge, declaration as aforesaid.
2 & 3 Vict. c. 62, s. 11. 2. That in every such case, if the land owner 8. Extension of powers in respect of lammas giving security shall not make due payment to and common lands, 2 & 3 Vict. c. 62, s 13. the person entitled to the same according to 9. That so much of the said lastly-recited the tenor of such security, it shall be lawful act as relates to the vesting of an estate of for the said cominissioners from time to time, inheritance as to any lands in any ecclesiastical as and when any half yearly payment of such tithe-owner and his successors, notwithstanding rent-charge shall accrue, and the same or any the same be made by any corporation sole or part thereof shall remain unpaid for the space aggregate, or any trustees or feoffees for of twenty-one days from any day fixed for pay- charitable purposes, otherwise restrained from ment thereof, and notwithstanding judgment or incapable of making any such valid conshall have been previously issued in respect of veyance or assurance, extends to trustees or any former arrears, to sue for and recover any feöffees of parish property, or of property held such half-yearly payment, or so much thereof by or vested in such trustees or fegtfees. for as shall from time to time remain unpaid in parochial or other uses or purposesxor
the respect thereof, against the land owner giving nature of a parochial or public trust. such security, by taking out a summons, re- 10. That in any case where the Warliest a turnable before a judge at chambers, to com- parochial agreement, or the commissionery in pute what is due in respect of such rent-charge; the case of an award, shall have proceeded, and it shall be lawful for any judge before according to the provisions of the said recited whoin such su:nmons shall be returnable, on acts, to ascertain and tix a rent-charge in any Notices of New Books : Macallan's Pocket Lawyer.
293 parish wherein any of the lands shall at the substance of his materials, we select the time of making such agreement or award be subject of Low Agents, of whose employment cultivated as hop grounds or market gardens, he thus treats : and in case of proceeding by award when notice shall have been given that the tithes of any of
“The employment of a law agent may be the lands so cultivated should be separately
verbal. valued, it shall be lawful for the said parties
Putting into his hands the service copy of a to declare in such agreement, or for the said summons is employment to defend; but he commissioners to declare in such award, the has no recourse on a nominal defender when amount of extraordinary charge per acre to be he receives the service copy and takes his inin future payable in respect of hop grounds structions from the party interested. and market gardens or any district therein
“ And employment is inferred when a party respectively in such parish'; and the rent- signs a pleading.
“ Also when the client knows of a suit and charge mentioned in every such agreement or award respectively shall, subject to the addition does not disclaim it. of such acreable extraordinary charge, consist
And putting into the hands of a law agent of the amount agreed for or awarded in re
a bill is employment to recover payment. spect of the tithes in such parish, other than
" And employment to recover a debt in. the tithes of the lands cultivated therein as
cludes all measures within the exercise of a hop grounds and market gardens respectively,
sound discretion. and the ordinary charge in respect of the lands
“ But employment to conduct a suit before so cultivated as hop grounds and market gar- cation to the Court of Session.
an inferior Court does not authorise an advo. dens respectively added thereto. 11. Extraordinary rent.charge need not be
And, excepting against her husband, a distinguished on separate lands in apportion- married woman cannot authorize a suit. ment.
“And an authority to conduct a suit is no 12. Half-yearly payments of rent-charge to authority to compromise it, the compromise be regulated by averages declared in January
binding the agent only. preceding, under 6 & 7 W. 4, c. 71, s. 67.
“ And a party is not liable for the expense 13. Commissioners may adjudicate parochial of measures not authorized, though the obliboundaries on requisition of land-owners of gation of another party for whom he was aoy parish, 2 & 3 Vict. c. 62, ss. 33, 34, 35.
cautioner should be thereby discharged. 14. This act to be taken as part of recited
“But a party has been held bound by an acts, and of 1 & 2 Vict. c. 64.
amicable judgment consented to by his counsel in Court.
“And a law agent is liable for the charges
of another law agent whom he employs in the NOTICES OF NEW BOOKS.
affairs of his client.
“ But not in so far as the agent employed
may take his instructions from the client. The Pocket Lawyer : a Practical Digest of “And local practice may relieve a law agent
the Law of Scotland, Mercantile Law of from the charges of another law agent so emGreat Britain, and Forms regulating the ployed.” Law of Scotland. By Alexander Mac. Of their “ Accounts” or Bills of Costs, allan, Esq., Advocate. Cannon, Edin (as they are called on this side the Tweed)
burgh ; Butterworth, London. We noticed some years ago an early edition
“ The account of a law agent for conducting of this work. The author's plan, since that
a suit is not due till taxed by the auditor of
Court. time, has been considerably improved. It
“And honouring a draft for the amount originally comprised a selection of those does not exclude taxation. branches of law only which are of more “Nor a writing by the client holding the prominent interest than others; but it is accounts to be correct. now much extended, and contains a tolerably
And an agent who acts without a license complete Digest of the Law of Scotland, has no claim either for remuneration or out
lays. with the Forms applicable to such Law, and a Digest of the Mercantile Law of cree in foro is obtained before it is made.
“ But the objection is excluded when a de. Great Britain. The latter portion of the “And where expenses had been found due work will, no doubt, be useful in Scotland : to a pursuer, decree for the amount as taxed here we are already in possession of very was allowed, though it was objected that his able Digests. Many parts of the Law of agent had acted, during the currency of the Scotland ought to be known to the English account, without a licence.
“And when expenses are found due in a practitioner, and the present volume in a
cause, the agent is entitled to judgment in his concise form supplies the information required. As an example of the ability with “And though judgment in his own name which Mr. Macallan has condensed the should not be obtained, intimation to the party
Notices of New Books.- Power of Appointment in Purchase Deeds. liable will prevent compensation between the "Also when he neglects to intimate an asparties.
signation. “And after a favourable judgment, or a “ Also when he neglects duly to inquire into judgment indicating success, the agent on that the solvency of a cautioner in a suspension. side is entitled to prosecute the cause to a con- “Also when he lends the money of his clusion, to recover his expenses, though the client on insufficient security without search. cause should be compromised by the parties. ing the records.
“ But expenses found due to one party may Also when he is aware that the security be compensated with expenses found due to on which he lends the money of his client is the other.
imperfect. “And the agent has no preference over the * And where the agent of the borrower of money found due to his client in his own money knew that the security given for the right, and an assignation will not prevent money was inadequate, he was held liable to compensation on a counter-claim.
the lender. " And an arrestment is preferable to the “And an agent was held liable for money claim of a law agent over the expenses found lent on a security which he had completed in due to his client.
a form not established in practice, and which “A law agent has also a lien or right of re. was postponed in a competition. tention, in security of his account, over the “And where a purchaser resiled from an papers of his client in his possession.
improbative missive of sale, the agent entrusted * And bis lien is preferable to an heritable with the preparation of the missive was held security, though completed by infeftinent be liable in damages to the seller. fore he obtained possession of the papers. “And an agent who, after being employed
“And he is not bound to exhibit the papers to get security for a debt, obtained from the at the suit of his client, though only to prove debtor a good security for a debt due to hima fact.
self, and an imperfect security for the debt “And the lien is not lost by producing the due to his employer, was held liable in the papers in a process.
debt due to his einployer. Nor by sending them to another agent in “And an agent who was instructed to do the business of his client.
diligence, to put his client on an equality with “But he is bound to exhibit the papers at other creditors, and who stopped in the course the suit of a third party, when the exhibition of his ineasures, without informing his client, is not to benefit his client.
was held liable in the sum which the measures “And he has no lien over papers in a pro. would have secured. cess not previously in his hands.
“ And an agent was held liable in damages “ Nor over papers not put into his hands who neglected to extend a writing on stamped professionally.
to say whether he will accept them as a security bility though he act gratuitously. for a separate debt.
“And it is no answer to a neglect of duty “ Nor over papers belonging to third parties, that funds were not supplied, if the client was put into his hands by his clients.
not informed that funds were wanted.” “ Nor over papers put into his hands by his client, after the client is bankrupt.
Each of these doctrines or points of law “And he has no lien for cash advances, but is accompanied by a reference to the case in only for his business accounts.
which it has been propounded or recog. • Or accounts contracted by him to other nised, but we omit them as unnecessary to agents in the business of his client.
the English reader. " When his claim is constituted, he is not bound to exhibit or deliver the papers till he be paid.
« But when not constituted he is bound to POWER OF APPOINTMENT IN deliver them on security for payment when
PURCHASE DEEDS. constituted.” Regarding their professional responsibi
To the Editor of the Lrgul Observer, lity, Mr. Macallan thus describes the state
Sir, of the Law :
I will give your correspondent “ A Country “A law agent who neglects the business en- Conveyancer.” p. 259, credit for all possible trusted to him is liable for the loss sustained sincerity in denouncing the complacency with by his client.
which the members of our profession view the “So, when he neglects to negociate a bill, needless lengthening of deeds; but he osuise he is liable for the debt.
pardon me for doubting how far bishevosmi “Also when he loses a bill.
mizing brevity can bear an advantagebussy “ Also when he loses a process containing a parison with the prudential copiousnesshed judgment in foro.
demns,—whether looked at as regardstating • Also when he neglects to aliment a debtor mediate saving of expense, or the aroidance in prison, and the debtor in consequence gets of future litigation. free.
He objects to the introduction of the ap