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The Lord Chancellor's Bill.-Mr. R. M. Hume's Plan of Chancery Reform.

his separate Court, as circumstances shall require, and as the Lord Chancellor shall order and direct.

24. Vice Chancellor to hold office during his good behaviour, but may be removed upon address, &c.

25. Oath.

26. That from and after the appointment of the Vice Chancellors under this act it shall be lawful for the Lord Chancellor, with the advice or concurrence of the Master of the Rolls and Vice Chancellors for the time being, or any two of them, and he is hereby authorized and empowered to do all such acts, and to make and issue all such rules and orders, as by any act or acts of parliament now in force the Lord Chancellor, with the advice or concurrence of the Master of the Rolls and the Vice Chancellor for the time being, or one of them, is empowered to do, make, or issue.

27. That it shall be lawful for the Lord Chancellor and the Master of the Rolls from time to time to direct that any causes or matters, which shall be at any time or times depending for hearing or determination before the Master of the Rolls for the time being, shall be heard and determined by the Lord Chancellor or by one of the Vice Chancellors for the time being; but all decrees and orders to be made by any Vice Chancellor in pursuance of such direction shall be subject to be reversed, discharged, or altered by the Lord Chancellor.

28. Appointment of Richard Richards, Esq. to be a Master in Chancery. References depending before the Masters on Equity Side of Exchequer transferred to him, and such other references as the Lord Chancellor shall direct. 29. Her Majesty empowered by letters patent to appoint successors to Mr. Richards. 30. Appointment of Buckland, the present clerk to the Masters in Exchequer, to be chief clerk to Master in Chancery, &c.

31. Salaries to Vice Chancellor and his officers, and to Master, to be paid out of interest and dividends arising from Suitors' Fund.

32. Her Majesty empowered to grant annuity to Vice Chancellor on his resignation. Such annuity may be limited as herein mentioned. Period of service.

33. So much of 53 Geo. 3, as directs payment to Vice Chancellor of the salary of 5000/. repealed.

40. Office of master of reports and entries 41. Duties of registrars and clerks. 42. Accountant General empowered to appoint additional clerks, 55 G. 3, c. lxiv.

43. Masters, Registrars, and clerks to regis trars, to hold their offices during good behaviour; and, with other officers, to be subject to prohibitions, &c.

44. Repeal of certain powers of 3 & 4 W. 4, c. 94.

45. Salaries to registrars, and clerks, and masters and clerks, paid out of Suitors' Fee Fund.

46. Compensation to Master of Exchequer and other officers of Court of Exchequer, to be paid out of Suitors' Fund in Chancery. Account of compensation to be laid before Parliament.

47. Interpretation clause.

act.

48. Act may be altered, &c. The SCHEDULE referred to by the foregoing The First Registrar - - £2,000 per ann. Salary. The Second, Third, and

The Fifth, Sixth, SeFourth Registrars venth, and Eighth Registrars

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The Ninth and Tenth Registrars

The First and Second Clerks to the Regis

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1,800 per ann. each.

1,500 per ann. each.

1,250 per ann. each.

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34. Regulating future salaries of Vice Chan-PLAN FOR REMEDYING THE DELAY

cellor appointed under 53 35. 3 & 4 W. 4, c. 94. trars increased to ten. up vacancies.

Geo. 3, c. 24. Number of regis Provisions for filling

36. Registrars to attend each judge of the Court as Lord Chancellor, &c., shall direct. In case of illness they may appoint a deputy. 37. Clerks to the registrars increased to twelve. Vacancies to be filled up by seniority. Lord Chancellor empowered to fill up vacancies in office of twelfth clerk to the registrars. 38. Preserving rights to the present registrars and clerks.

&c.

39. Proviso as to succession of sworn clerks,

OF THE COURT OF CHANCERY.

MR. ROBERT MONTAGU HUME, a solicitor of

the Court of Chancery, has just published a short statement, from which we make the following extracts.

The average periods of the progress of an ordinary suit, embracing references and inquiries before the Master, may be thus calculated :

Two years in bringing the suit to issue. Two years, when set down for hearing, before it can be heard.

Mr. R. M. Hume's Plan of Chancery Reform.

Two years to six years in the Master's office. "Two years before the further directions can be obtained.

"It was formerly the policy to throw the blame on the Solicitors, and every possible vituperation was heaped on their undefended heads, while the true cause of the delay was most sedulously concealed.

"The true cause of the delay is that the Court of Chancery has become the forum for administering justice in almost every case where property is concerned. That our commercial relations-our improvements-and increase of population, have increased the business of the Court at least ten-fold in a period of fifty years, and that the limited number of the Judges and Masters is not at all adequate to this increase.

"One subject has been frequently referred to as an evil equal to that of delay-namely, the expence of proceedings in Equity. This has been a favourite topic for reform, and the attention has been more applied to this than to the real grievance-the delay. This has been a fatal falacy, because the attention to economy has diverted the reformation from the prominent and more important evil. *

391

is not a satisfactory mode, as it is merely the separate decision of two single judges, however valuable either opinion may be:

"That the appeal to the House of Lords is attended with delay and great expence, and that this right of appeal, in minor cases, frequently amounts to a denial of justice:

"That the political changes in this country have created a number of unemployed eminent judges, whose services are now partially obtained for the benefit of the country, while an expence by their retirement has been imposed on the country.

Propositions.-That the Courts of the Lord Chancellor, the Master of the Rolls, and the Vice Chancellor, and of any additional judges, be perfectly independent of each other:

"That each Court possess the jurisdiction in bankruptcy, as formerly possessed by the Lord Chancellor and Vice Chancellor, but independently of each other:

"That the present Court of Review be discontinued:

"That a register of causes be nominated, to have the regulation of setting down causes and all matters for hearing, in order that each court may have its proper proportion of busi

"It is a fact known to almost every solicitor,ness, as near as possible : that the suitor frequently declares that the delay, aud not the expence, is what he so justly complains of, and that the expences however great, would be readily borne, if the delay could be removed, and a speedy termination of his suit could be obtained by a reformation of the Court.

"That the right of appeal to the House of Lords, or from the Rolls, or the Vice Chancellor be discontinued:

"I maintain, and am able to prove, that the delay arises only from the increased and enor mous business of the Court, and that no blame for that delay is or can be imputed to the Judges-the Masters-the Officers-or the Solicitors. The blame, if any, attaches to those who are aware of the cause of the delay, and possessing the power to remove it, do not by strenuous exertions effect a complete and

substantial reform.

THE COURTS.

Facts. That the cause of the delay is the overwhelming business of the Court of Chan

cery.

"That the three Judges, notwithstanding their constant and unremitting attention to the progress of the hearing of causes before them, cannot promptly perform the vast variety of the business :

"That the suitor has a positive right, by the justice of every civilized country, to have his case heard as soon as it is ripe for hearing.

"That the present number of the judges is wholly inadequate to meet the extent of the business.

"That the best interests of the country will be consulted by the appointment of such an additional and sufficient number of judges as shall fully meet the exigency of the extended business of the Court:

"That the right of appeal from the decision of a single judge be secured to the public:

"That the appeal from one judge to another

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"That a Court of Appeal be created, to be called The High Court of Appeal of Great Britain and Ireland,' to consist of four judges, of which the Lord High Chancellor be the chief, and that three of them form the Court:

"That the judges of the High Court of Appeal be appointed from the retired judges, and such other eininent persons from time to time as may be necessary:

"That the High Court of Appeal possess the same jurisdiction and power as the House of Lords, with regard to appeals from the English, Irish, and Scottish Courts of Equity

and Law:

"That a second Court of Appeal be established, to be called 'The Court of Appeal in Equity and Bankruptcy,' consisting of three Judges:

That this Court of Appeal have jurisdic tion of appeal over all matters of an interlocutory nature, and in all matters in bankruptcy.

THE MASTERS' OFFICES.

"Facts. That the delay in the Masters' offices arises principally from the number of references, the labour of proceeding upon them, and the want of a sufficient number of Masters:

"That the mode of performing the business in the Masters's offices is equally an occasion of delay.

"Propositions.-That an additional number of Masters are requisite to assist in the removal of the delay in the Masters' offices:

"That the present system of warrants be wholly done away with, and that the Masters and their clerks proceed on each matter of business continuously and uninterruptedly, in

392 Mr. R. M. Hume's Plan of Chancery Reform.-Lord Redesdale's Copyhold Bill.

the same mode as business is heard and disposed of before the Court. *

*

"With respect to the increase in the number of the Judges and Masters, and the formation of the Courts of Appeal, very little additional expence will be incurred, and although further appointments will be requisite, the pensions already enjoyed by some of the Judges will become usefully employed. But whatever may be the expence, the country demands the im

provement.

"As the High Court of Appeal will become a court of the greatest importance, a liberal and proper allowance to the Judges should be fixed consistent with the dignity of such a Court. The present pensions of the retired Judges, eligible for that high office, should be deemed part of the allowance to those Judges as presiding in that court.

"As regards the additional masters, the fee fund of the Court, or the dead fund of the Court, possess ample resources.

LORD REDESDALE'S COPYHOLD

BILL.

LORD REDESDALE has introduced into the House of Lords a Bill for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and of other Lands subject to such Rights; and for facilitating the Enfranchisement of such Lands." His Lordship is a member of the Select Committee to which Lord Brougham's Bill for the Enfranchisement of Copyholds was referred in the present Session (see ante, p. 257), and we presume that the present Bill has the

sanction of some of the other members of

that Committee; and we conceive that, if Lord Brougham had been in this country, it is not improbable it would have been brought into the House of Lords as the Bill amended by that Committee. The framer of the present measure has taken for its ground-work Mr. Stewart's Bill, as it passed the House of Commons in the last Session,

and was discussed in the House of Lords.a At the close of that discussion Lord Lyndhurst said that he only disagreed with some of its details, and would be willing to assist in framing and passing a similar measure in principle next Session; and we now propose to shew in what the present Bill differs from Mr. Stewart's, as last amended by him. The machinery by which the measure is to be worked-the Tithe Commission—is the same in both Bills, and the general wording of the clauses is also the

a See the debate, ante p. 85.

same, so much so that, unless read with attention, they might appear to be the been to alter as little as possible, there same; and obviously the endeavour has being not more than half-a-dozen new clauses added. There are, however, two considerable changes: the first one is, that instead of enabling two-thirds in value and a majority in number of the tenants, with the concurrence of the lord, to effect an enfranchisement of the lands, i. e. to convert the copyholds into freehold, a commutation of the rents, fines and heriots, and the lord's rights in timber only, is to be made, and the tenure is to remain unaltered. The other great alteration is, that the consideration for the commutation is not to be a gross sum of money, but a payment of an annual sum by way of rent-charge, and a small fixed fine upon death or alienation, not to exceed the sum of 5s. It is to be observed, however, that the present Bill leaves untouched all those clauses in Mr. Stewart's Bill which provided for partial or general enfranchisements under the direction of the Tithe Commission, on the application of the parties, and which we always considered a most valuable part of that gentleman's measure. To all this portion of the Bill we conceive there will be no objection by any one; but how far the alterations in the Bill will be approved of by the profession and the public remains to be shewn. One main object of the promoters of all recent measures for enfranchisement has been to abolish, or, at any rate, to decrease, the tenure of copyholds, and establish a uniformity in this respect through

out the country.

"We consider it a mat

"b

ter of great importance," say the Real Property Commissioners in their Fourth Report, "that all lay fees should be held by free and common socage." Still we all fines into fines certain, and commuting are quite willing to admit that the reducing heriots and other burdensome rights of the lord, would be attended with much advantage. This would doubtless remedy system of copyhold tenure, and if this some of the evils attending the present is all that the legislature is disposed of the measure should not accept it, introduto grant, we are not sure that the friends ced as it is, and with almost the certainty of being able to carry it, in the present

very desirable that copyholds should be abob 2 Monthly Record, p. 308. “I think it lished, and that all lay fees should be held by one or similar tenures." Mr. Tyrrell's Suggestion, p. x.

Lord Redesdale's Copyhold Bill.

session, especially as by s. 39, if valuers be not appointed within six months after the confirmation of any agreement for commutation, the commissioners may appoint valuers.

We now therefore submit an analysis of the new Bill to the consideration of our readers. It is at any rate a great advance on the Bills introduced by the Attorney General for several sessions, and may be considered as a concession of the lords of manors, to meet the general feeling in favour of enfranchisement, and, as such, is entitled to great attention.

ANALYSIS OF THE BILL

For the Commutation of certain Manorial
Rights in respect of Lands of Copyhold and
Customary Tenure, and of other Lands sub-
ject to such Rights; and for facilitating the

Enfranchisement of such Lands.

393

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14. Power to call a meeting, &c.-Any one or more of the lords or tenants, whose interest shall not be less than one fourth of annual value of manor or lands, may call a meeting of the lords and tenants (by notice to be affixed twenty-one days before the meeting on principal or outer door of church of parish within the limits of which the manor or greater part in value extends, or on door or conspicuous part of some house or building where Courts usually held, and twice advertised in some newspaper, or once in each of two newspapers generally circulated in the county), for the purpose of making an agreement for the general commutation of the rents, fines, and heriots holden of such manor, and of the lord's rights thereafter to become due in respect of lands in timber; and every lord or tenant present at such meeting shall bear his own expence of attendance; and the lords and tenants present at such meeting, the latter of whom being not 1. Preamble, and appointment of commission- less than a majority of the tenants in number, ers. After reciting that it is expedient to and the lord's and tenant's interest in the manor provide the means for an adequate compensa- and lands not being less than two thirds of the tion for the rents, fines, and heriots payable annual value thereof, may proceed to make in respect of lands of copyhold and customary and execute an agreement for commutation of tenure, and of other lands subject to such pay- the rents, fines, and heriots thereafter to bements, or any of them, and for facilitating the come due in respect of the lands holden of the voluntary enfranchisement of such lands, it is manor, and of the lord's rights in timber; and enacted, that "the Tithe Commissioners for if so expressly agreed between such lords and England and Wales" for the time being shall tenants, the commutation may be made to exbe the commissioners for carrying the act into tend to rights in mines and minerals, but execution, and that should the act not be car- otherwise shall not extend to affect such rights. ried into execution before the tithe commis- 15. Terms on which agreement may be made. sioners cease to act, other commissioners may-Such agreement may be entered into for be appointed, &c., with power to supply vacan- commutation of the lord's rights on payment cies. to him of an annual sum by way of rent charge, and of a small fixed fine upon death or alienation, in no case exceeding five shillings: the rent charge to commence (except where otherwise directed by the commissioners) from the same date, and to be valued and variable (when exceeding twenty shillings) according to the price of corn, in the same manner as the tithe commutation rent-charge; and the amount of the rent-charge may be fixed by the agreement, or separate rent-charges may be agreed upon between lord and tenant, or the rent-charge may be subject to diminution or increase to such an amount per centum as shall be agreed on: and the agreement may determine the apportionment for each tenant, or the rent charge and apportionment may be left to be fixed by valuers, subject to the approbation of the commissioners.

1. Style of commissioners, seal, &c.-Enacts that the commissioners shall be styled "The Copyhold Commissioners," and shall have their office and seal, and that instruments sealed are to be received in evidence, &c.

3. Report to Secretary of State, &c.—Com- { missioners to report to Secretary of State, and annual report to be laid before Parlia

ment.

4. Assistant commissioners, &c.-Power to appoint and remove assistant commissioners, secretary, &c.

5. No commissioners or assistant commissioners to sit in House of Commons.

6. Operation of act limited to ten years. 7. Salaries and allowances of commissioners, assistant commissioners, secretary, &c.

2. To be puid out of Consolidated Fund. 9. Declaration.-Commissioners and assistant commissioners to inake declaration before acting.

10. Commissioners may delegate porers. 11. Manors and lands vested in Crown Provision is made for cases in which manors or lands are vested in the Crowu generally or in right of Duchies of Lancaster or Cornwall. | 12. Disabilities of lords or tenants provided

for.

16. A provisional agreement may be made. 17. Proportional interest how to be computed.

18. Power to adjourn meetings, but notice of adjournment to be once advertised.

19. Agreement to bear date the day on which the first signature shall be attached to same, or minutes thereof, and to be in such form as the commissioners shall from time to time direct.

394

Lord Redesdale's Copyhold Bill.

20. Commissioners to frame and circulate forins.

21. Commissioners or assistant commissioners may attend meetings, and advise terms of agreement.

22. Suits and differences may be referred to arbitration.

23. Commissioners to require consents of ecclesiastical corporations, or other bodies whose interests appear to be affected, to be annexed to the agreement.

24. Agreements to be confirmed by commissioners.

25. Appointment of valuers.-At meeting, or adjourned meeting, valuers to be appointed to make valuations, apportionments, and schedules, as follow; (i. e.) if the commutation is in consideration of a rent-charge payable to the lord and fixed by the agreement, the tenants to appoint; and if majority in number and value do not agree, then two or other even number to be appointed, half by number and half by value; and when the commutation is not in consideration of a fixed rent-charge, half the valuers to be appointed by the lord and half by the tenants.

26. Valuers to apply to the commissioners for instructions, and are then to proceed to ascertain value of lands, and make out and send to office of commissioners such valuation, with power to appoint umpires.

27. Power to enter lands, &c.-Valuers and umpires to make declaratian before acting.

28. Steward to furnish information, for the purpose of enabling valuers to make valuation, and otherwise to facilitate commutations under the act; the steward shall, on request by valuers or chairman of meeting, make a correct statement in writing of

The tenants of the manor:
Description of their lands:

The amount of assessment to poor rate:

In what parish situated:

To what amount assessed, or assumed pro-
portion if rated, with other lands [as in
previous schedule]:

Amount of quit or free rents:
Whether held at fines arbritrary on death
and alienation; at fines certain, or how
otherwise :

Whether subject to heriots, and how :
Amount received for each of three last heri-
ots for each tenement:

Whether subject to rights in timber, and
what; a number to each tenement :
The number of changes of tenants on each
tenement, subject to fines payable on
death or alienation, during the last seven-
ty, or such other number of years [as fixed
on]:

The number of changes of tenants during
the like period, on each tenement, sub-
ject to fines on death only:

And add such other information as commismissioners may direct.

Power to make inquiries by post as to ages of tenants, and enactment that tenant refusing to give information shall not afterwards be allowed to object to age stated, and penalty on giving untrue statement.

Steward to give from time to time such other information to commissioners as they may require, with penalty on default.

29. Valuers to take particular circumstances of each case into consideration.

30. Schedules of valuation to be deposited for inspection, and meeting to determine objections. Copies of schedules by valuers to be lodged with steward, for inspection by all interested parties, without charge, and notice to be given as commissioners may direct, with penalty on refusal to disallow inspection.

Notice to fix time for hearing objections, and at such meetings objections to be heard Amount received for heriots in respect of and determined by assistant commissioner, each tenant, for three times previous: with power to adjourn when requisite, and diAnd any other information which the com-rect any further valuation. &c., to be made. missioners shall direct:

Shall produce same for inspection at the meetings, and allow extracts to be taken, and, upon request by valuers, deliver to them a copy of such schedule, or the parts which they may require for such statements and extracts; the steward to receive such sum as shall be agreed on, and four-pence for seventy-two words, for copies or extracts.

The steward shall also within three calendar months, or such time as the commissioners shall fix, make out and send to them a schedule of The names of the several tenants of the ma

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No lord of a manor to be allowed to object without giving ten days, and no tenant without giving five days, previous notice of the intention to object; such notice from a tenant to be left with the steward, and inspected by other parties with schedules; forms of notices to be supplied to steward, and by him delivered to party applying.

After hearing and determining objections, assistant commissioner to amend schedules, and power to him or commissioners to amend such valuations or schedule as to alterations by deaths, change in ages, &c., on satisfactory proof, by affidavit or otherwise, that such alterations are requisite.

31. Expenses of proceedings for effecting any commutation under the act (except where from special circumstances the commissioners shall direct otherwise) shall be payable as follows: where the valuers shall be appointed by the tenants, the costs of valuation and schedules shall be paid by the tenants rateably according to their interest; but where the valu ers shall be appointed by the lord and tenants.

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