Chancery and Ecclesiastical Commission—Summary of Second Report. according to the mode in use in the Court of Chancery. 12. That the Court should have a discretionary power to examine witnesses orally before the Judge. 13. That it should also have power to summon a jury for the trial of issues, or to direct issues to be tried at law. 14. That in every case it should be in the discretion of the Court whether the question should be sent to a jury or not. 15. That power should be given to the Judge of the Court of Probate, with the approbation of the Lord Chancellor, to frame general rules and orders for the regulation of the process and practice of the Court, and particularly for defining what portion of the business is to be considered as common form or noncontentious business, to be transacted exclusively by proctors, or in the district offices, by persons appointed to act as proctors. 16. That, with the exceptions above pointed out, the practice of the Court, except so far as altered by general orders, should be that at present existing in the Prerogative Court of Canterbury. X. Limitation of Time. 1. That no proceeding should be taken to establish a will or recal probate after the expiration of twenty years from the date of the certificate of intestacy, or grant of administration or probate. 2. That, notwithstanding the general rule, any devisee or heir should be at liberty to ceed to establish a will or recal probate, but as proto his own interest only, within the time within which, assuming his estate to be an estate at law, he might bring an ejectment. 3. That a similar rule should prevail with reference to personal estate. 275 6. That an appeal should not stay proceedCourt appealed from, as well as the Court of ings in the Court of Probate, but that the Appeal, should have power to stay the proceedas it may think fit. ings if it should so think fit, and on such terms 7. That the application to stay proceedings should be made, in the first instance, to the Court which pronounced the order or decision appealed from. of Probate the jurisdiction of her Majesty in That suits which upon the establishment of 1. That all fees taken for the despatch of testamentary business, whether office fees or proctorial fees, should be reconsidered and settled. 2. That an effective system of taxation of proctors' bills as between themselves and their clients should be provided. XIV. Real Representative. 1. That it is expedient that some Court 4. That a similar period should be fixed, to appoint upon summary application some should be invested with a discretionary power after which an administration, in case of in-person or persons to be a representative or testacy, should not be liable to be revoked. 5. That parties should be authorised to proceed in cases of fraud after the expiration of the limited period, provided they obtain the special leave of the Court for the purpose, but not otherwise. XI. Appeal from the Court of Probate. 1. That all orders and decisions of the Court should be subject to rehearing before the Court of Appeal in Chancery. 2. That an appeal should lie from the decision of that Court to the House of Lords. 3. That a party dissatisfied with the decision of the Court of Probate should not be bound to go to the Court of Appeal in Chancery, but should be at liberty to appeal direct to the House of Lords, if he should think fit. 4. That the Court of Appeal in Chancery should be at liberty to admit fresh evidence, if it should seem necessary to the purposes of justice to do so, according to the practice now prevailing in the Ecclesiastical Courts, and before the Judicial Committee of the Privy Council. 5. That a time should be limited within which an appeal should be presented. deceased, who should have power to sell and representatives of the real estate of any person convey such estate, and to receive the rents and profits thereof, and to give discharges for the purchase moneys, rents, and profits of such estate, and to raise money by mortgage thereof, such appointment to be made upon the application of some person interested in the estate, and to be confined to such real estate of the deceased as may not be vested in trustees in trust for sale, with power to give discharges to purchasers. 2. That the Court to be intrusted with the power of appointing a real representative to the extent recommended should be the Court exercising jurisdiction to administer the estates of deceased persons, and not the Court of Probate. XV. Compensation. of 6 & 7 William 4, c. 77, sec. 25, the Acts 1. That, subject to the provisions of the Act extending the same, and the Act of 10 & 11 Vict. c. 98, s. 100, the judges and registrars of the various Courts now exercising testamentary loss which they will sustain by the abolition of jurisdiction should be indemnified against the 276 Chancery and Ecclesiastical Commission.-Review: Kerr's Action at Law. It is to be feared that the large number the testamentary jurisdiction; but that such of | Law Courts to entitle them to a certificate them as have exercised their respective offices" that they are fit and capable to act as by deputy should not receive compensation in attorneys.' respect of the portion of their profits which the deputy has received. 2. That, subject to the provisions of the of candidates who occasionally fail in their above-named Acts, the deputies should receive attempt to pass the examination, have not compensation for the loss of their emoluments. sufficiently considered, that to justify the 3. That if the course recommended of pre-examiners in granting a certificate, it is not serving the common form business to the proc- sufficient that the applicants for admission tors in Doctors' Commons should be followed, on the Roll have mastered one branch of they should not receive any compensation. practice. They must acquit themselves of Common Law, Equity, and Conveyanc satisfactorily in the three principal branches ing. Mr. Kerr's volume will be of much assistance in the first-named department, and it is sufficiently comprehensive, though concise, to instruct the student in many of the points which are usually comprised in 4. That the same rule should not apply to the proctors now practising in the country; and who may not be adequately indemnified by being authorised to practice in the district offices. 5. That if Parliament should see fit, compensation should be made to other persons who may have equitable claims thereto, if the measures suggested should be adopted. 6. That unless Parliament should think fit to provide such compensation from the Consolidated Fund, a system of fees should be established in the new Court sufficient to produce the sums which may be required; and that these fees should be reduced from time to time as the claims for compensation are satisfied. XVI. As to one Probate being sufficient for the United Kingdom. That the effect of probate should be limited within the jurisdiction of the tribunal by which it is granted. NOTICES OF NEW BOOKS. the examination. Mr. Kerr has clearly and concisely traced the steps of an action according to the altered forms and course of proceeding under the Common Law Statute of 1852, and the Rules of Practice and Pleading framed in pursuance of its enactments. The Author has judiciously included in his work a review of the constitution of the Superior Courts, and their jurisdic tion in the redress of "private injuries," according to the method and arrangement of Blackstone, some of whose admirable language will be found in Mr. Kerr's pages. The Introduction to the Work treats, An Action at Law: being an Outline of like Blackstone, of "private wrongs," and the Jurisdiction of the Superior Courts the different modes of redress:-1st. By of Common Law; with an Elementary act of the parties. 2nd. By operation of View of the Proceedings in Personal Law. 3rd. By suit in Court. Actions and in Ejectment. By ROBERT The First Part comprises the Superior MALCOLM KERR, Barrister-at-Law. Lon- Courts of Common Law and their jurisdic don: Bond; Wildy & Sons; and Amer. tion; the appellate Courts; and the auxi Pp. 351. liary tribunals of Nisi Prius, &c. very MR. Kerr, who is favourably known to the Profession for his able edition of the Common Law Procedure Act, with ample Annotations, has rendered a further good service, both to the practitioner and the student, by the compilation of the present volume, comprising an elementary and comprehensive view of the proceedings in an action at law. The work will be pecu The Second Part treats of:-1. Injuries cognizable in Courts of Common Law. 2. Injuries that affect the rights of persons. 3. Injuries that affect the right to real property. 4. Injuries that affect the right to personal property. The Third Part describes :-1. The sittings and proceedings of the Courts. 2. Process, arrest, &c. 3. The writ of sumliarly useful to the articled clerk preparing mons. 4. Service of the writ. 5. Judg for his examination, and especially to that ment by default. 6. Appearance. 7. larger portion of them who have not had Pleadings. 8. Demurrer. 9. Trial. 10. the advantage of a year's experience in the Judgment. 11. Proceedings after judg office of a London agent, or who have been ment. articled to solicitors whose chief business is that of conveyancing. Nevertheless, they must acquire an adequate knowledge of the jurisdiction and practice of the Common 12. Execution. Law of Attorneys.—Manchester Law Association. APPEAL FROM JUDGE'S ORDER FOR TAXATION OF BILL OF COSTS AFTER PAY MENT.-AMOUNT OF BILL. AN order had been made at Chambers by Martin, B., for the taxation of the bill of costs of Mr. J. H. Dearden under the 6 & 7 Vict. c. 73, s. 41, after payment. On a motion for a rule nisi to rescind the order, the following cases were cited:-In re Colquhoun, 9 Beav. 146; In re Harrison, 10 Beav. 57; In re Wells, 8 Beav. 416; Exparte Barton, 22 Law. J., Ch., N. S., 670; In re Neate, 10 Beav. 181; In re Harding, 10 Beav. 250; In re Welchman, 11 Beav. 319; In re Stirke, 11 Beav. 304. Pollock, C. B., said: "I am of opinion that there ought to be no rule. This is an appeal from a Judge's order, and we ought to take it for granted that he has investigated the circumstances of the case, and that he was of opinion that the special circumstances disclosed required the taxation of the bill in pursuance of the power given for that purpose by the Statute. Now, the gentleman whose bill has been ordered to be taxed, and who comes to us by way of appeal from that order, does not give us the least information as to the amount of his bill; and we do not know whether the amount be 20s. or 50l., or what it is. I am of opinion that, if a learned Judge at Chambers has directed a bill to be taxed, and the matter in dispute does not exceed a few pounds, we ought not to grant a rule which may put the parties to the loss of perhaps 201. for the purpose of setting that decision right, supposing it not to be so. The amount here may not exceed 51.; and I think that the fact, that the gentleman who makes this application does not give any such information, is of itself an amply sufficient reason for not granting a rule." In re Dearden, 9 Exch. R. 210. 277 The proceedings of this Society, for the last year, were stated in the following Report, which was read by the Honorary Secretary, and unanimously adopted : : "In presenting the Fifteenth Annual Report to the Members of the Manchester Law Association, the Committee have great pleasure in congratulating the members on its prosperity, and generally with reference to the part the Association has taken in matters of public importance during the past year. There has been an increase in the number of members, and the funds of the Association are in a position to enable the Committee to act with usefulness and effect. 66 'The most important duties devolving upon the Committee have been those of attending to the many and important measures introduced into Parliament for effecting changes in the law; and the Committee during their year of office have directed their attention to those matters which have effected the Profession and the Public. Their attention was first called to by Mr. George Hadfield, the member for Sheffield, for making Probates granted in one Consistory Court available in the rest. The principle of the Bill met with the approbation of have remedied a serious grievance. The honthe Committee, and which, if passed, would ourable member was, however, induced to withdraw the Bill at the request of the Government, who stated they had in contemplation a general measure with regard to Eccle a Bill introduced into the House of Commons siastical Courts. "The Registration of Assurances' Bill passed the House of Lords, and was introduced into into the House of Commons. Upon a measure Committee bestowed the most anxious conso vitally affecting the rights of property, the sideration. The Bill was substantially the same as that attempted to be passed in 1851. The scheme was for the establishment of a Metropolitan Registration to answer the purposes of the whole kingdom, and it provided for the registration of either the original instrument or a copy. In considering the measure, the Committee felt themselves called upon to proceed upon the assumption that some plan of and their principal objects were to ensure a registration would sooner or later be adopted, plan which would secure to the public the greatest advantages with the least practical inconvenience. Whether a metropolitan or local scheme of registration would be the best, was MANCHESTER LAW ASSOCIATION. maturely considered-and whether registration ANNUAL MEETING AND REPORT. THE Annual General Meeting of the Mem. bers of the Association was held on Wednesday, the 11th day of January last, at their Rooms, No. 4, Norfolk Street, when an account of the Receipts and Disbursements (previously audited by two of the Members) was submitted and passed. should extend to equitable and trust estates, as well as to legal estates, was a question of great importance, and upon which they knew differof the profession. The Committee were in faences of opinion were entertained by members vour of local registration, and they considered that such a system would have immense advantages over a metropolitan scheme. Local knowledge is highly valuable, and in many cases absolutely necessary to a correct understanding of questions affecting property and its rights; and 278 cular measure. Manchester Law Association—Annual Meeting and Report. the Committee considered that any plan of re- convenient and inexpensive to the public. It "Another matter which has engaged the attention of the Committee, is the security offered for money lent to Railway Companies. It has been usual for these Companies to advertise for loans of money for different terms of years in very considerable, and, in many instances, in very large amounts. It has not always occurred to persons having money to lend, especially in periods of prosperity when money is plentiful, to inquire into the powers which railway companies possess for borrowing purposes. In the various Acts of Parliament by which the numerous companies are regulated, their powers of raising money upon loan are only to be exercised on certain conditions, and with a limit as to the total amount. It is of the utmost im"The Courts of Bankruptcy, as at present portance to the lenders of money that they should ascertain whether the company propos- constituted, not having been found to realize ing to borrow has complied with the provisions the public benefit expected from them, a Comof the Act of Parliament by which its affairs mission has been issued by the Crown to enare governed; for if not in conformity with quire and report upon the causes which have their powers serious questions may arise how led to the decreasing business in those Courts. far the company, in its corporate character, is The Committee received from the Secretary to bound by the acts of the directors. It has the Commissioners certain questions to be ancome to the knowledge of the Committee that swered on behalf of the Association. The railway companies have refused to give infor- Committee are of opinion that the decrease of mation respecting their powers of borrowing. business in those Courts is to be attributed, in and members of the association have conse- a great measure, to the large per centages payquently refused to negotiate for loans of money able to the chief registrar and the official asby reason of such information having been signees, and to the fact that a large remunerawithheld. Great injury may be inflicted by tion is received by the official assignees, upon railway companies raising money where they the supposition that they are qualified to inveshave no legal right to borrow, and the Com-tigate the bankruptcy accounts, and attend mittee respectfully urge upon the Members of strictly to realizing the estate, while the fact is, the Association to exercise care and caution in negotiating loans on the security offered by public companies. that no inconsiderable portion of those duties has to be performed either by the creditors assignees, without remuneration, or by a paid "The Act of Parliament for increasing and public accountant; and the Committee are of amending the powers and jurisdictions of the opinion, that for these reasons, no increase of Palatine Court of Chancery, in the County of business is likely to take place. They recomLancaster, has engaged the attention of your mended that for the bankruptcy business to be Committee; and it has been their anxious en-transacted in the Manchester Court, there was deavour to have rules framed which would be no necessity for two commissioners, as one Manchester Law Association.-Points in Common Law Practice. 279 President. Mr. John Vaughan, Stockport. Vice-Presidents.-Mr. James Gill, Manches ter; Mr. R. B. B. Cobbett, Manchester. Treasurer.-Mr. James Street. commissioner only sits at a time, and on an anxious endeavours to increase the interests of average not more than two hours a day. The the Association, the prosperity of which is Committee were of opinion that the duties of identical with that of the members at large." the Court could be well and efficiently dis- The following gentlemen were elected the charged by one commissioner, one registrar, Officers and Committee of the Society for the and one official assignee; and they recom- ensuing year :mended that the duties of the official assignee should be confined mainly to the office of treasurer of the funds, for which purpose only, in their opinion, is such an officer desirable or useful; the Committee were also of opinion that the office of messenger, as it exists at present, was wholly unnecessary, and that these changes might be made without injuring the interests of the public. The Committee are impressed with the necessity of making the Court of Bankruptcy of greater usefulness than it has hitherto been; and they trust their successors in office will direct their attention to any alterations which may be proposed, so that the Court may be adapted to the requirements of the commercial interests of the large and important district within the jurisdiction of the Manchester Court. Honorary Secretary.-Mr. John Speakman. Committee.-Messrs. J. P. Aston, T. Baker, J. Barlow, James Barratt, J. F. Beever, T. T. Bellhouse, T. P. Bunting, William_Burdett, H. Charlewood, John Cooper, E. C. Faulkner, Samuel Fletcher, William Foyster, C. Gibson, George Hadfield, Jun., Stephen Heelis, Jos. Janion, Thomas Neild, W. H. Partington, R. Radford, Fras. Robinson, John Sudlow, Thos. Taylor (Norfolk Street), Fred. Thomas, Geo. Thorley, B. K. Tidswell, J. B. Vickers, W. L. Welsh, G. B. Withington, John Wilson. Chairman of the Committee.-Mr. Francis Robinson. Vice-Chairman.-Mr. Thomas Baker. POINTS IN COMMON LAW "A Commission has also been issued to enquire with respect to what alterations may advantageously be made in the Statutes and Rules relating to County Courts; and a list of questions has been sent to the Committee of the Association, in order that the opinion of the Committee may be submitted to the Com- MANDAMUS.-RULE ABSOLUTE WITH COSTS. missioners. The matter is now under the consideration of the Committee, and they will gladly make such suggestions as may appear to them necessary and useful. "The Committee have also to report that they have taken steps to remedy the great inconvenience caused by the recent Stamp Act containing no provision for stamping Duplicate Conveyances on sales upon chief rent; and that they are assured by the Solicitor of Stamps, that immediately upon the re-assembling of Parliament, a Bill will be brought forward to remedy the defect; and in the meantime a register has been opened at the stamp office in London, where all Conveyances executed before an Act can be obtained may be registered, so as to obviate the necessity of their being again brought before the Commissioners. The Committee recommend the attention of their successors to this subject. "The Committee regret that Mr. Charles Gibson, the honorary secretary for the past year, has felt himself compelled to resign his office in consequence of other engagements rendering it impossible for him hereafter to discharge the duties; but they are glad to inform the members that Mr. John Speakman (who will discharge its duties with satisfaction) has consented to accept the office. -AFFIDAVIT. absolute, with costs, upon a mere affidavit of service. The affidavits should show that the litigation is substantially at an end, and that notice has been given to the defendants of the application for costs. Regina v. East Anglian Railway Company, 2 E. & B. 475. A RULE for a mandamus will not be made STAY OF PROCEEDINGS UNTIL SECURITY An order was obtained to stay proceedings in an action by the payee against the maker of a promissory note, until the plaintiff, then resident in Ireland, should give security for costs, but it was afterwards rescinded on the plaintiff coming to reside and carry on his business permanently in England. This order was objected to on the ground that a Term's notice had not been given, and a rule nisi had been obtained to set it aside. The rule was, however, discharged, with costs, on the ground that the affidavit, on which the motion was founded, contained no positive statement that a Term's notice had not been duly given. "In conclusion, the Committee beg to congratulate the members generally upon the efficiency of the Association, and they trust that sufficient has been accomplished to prove the Jervis, C. J., said, "In Evans v. Davis, 3 importance of Law Associations, for protecting Dowl. P. C. 786, it was held, that the rule the interest of the public and the profession. The Committee rely on the co-operation and does not apply where the delay has taken support of the members, to aid them in their place at the request of the defendant. So, |