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Incorporated Law Society-Annual Report of the Council. sistent with the constitution of the Society to tinue in the hands of those corporations, but take any active part in promoting the contem- to appoint individual trustees ; 5thly, to effect plated change.
these objects by a body who have avowed the Several members of the Council attended intention of superseding, as far as possible, the the Commissioners at their request, and gave established tribunals of the country; 6thly, their evidence upon the working of the present that if the evils which have been suggested do system, and their opinions of the proposed in fact exist, the measure is not calculated to alterations."
remedy those evils; 7thly, even if the Bill 4th. Joint-Stock Trust Bills. The members could remedy all or any of these evils, still it are probably aware that two joint-stock com- would introduce new and additional evils of panies have been projected for the administra. much greater magnitude. And finally, that at tion of private trusts. The first by the South all events this is a measure involving such Sea Company, which, on winding up its own principles as ought not to be introduced by a affairs, proposed to continue its corporate private Bill; but if Parliament, in its wisdom, powers for the purpose of executing family and think fit to alter the established law of the all other private trusts; and the second Bill country in a matter of such importance, it proposed to incorporate a new company to be should be done after due deliberation, and as called “The Executor and 'Trustee Society.” a public measure, The Council have felt it to be their duty strenu- At the conclusion of the fourth day's sitting ously to oppose both these Bills.
the Select Committee decided that the South It may be doubtful how the Bills, if passed, Sea Bill should proceed for the sole purpose would have affected the interests of the Pro- of winding up the affairs of the company, that fession; but the question before the Legisla- the trust clauses should be struck out, and ture was, whether any serious evil or inconve- that the Executor and Trustee Bill should pronience existed to justify any alteration of the ceed no further. law, and whether these joint-stock companies In the opposition which the Council have were clearly adapted to remedy the alleged thus felt themselves bound to inake against grievance. The Council were of opinion that these measures, they desire to acknowledge no defect in the law existed which would be the constant attention, unwearied zeal, and supplied by the proposed companies, and on great ability with which their views have been the other hand, that the proposed Acts would supported and carried into effect by Mr. Kinhave introduced a series of difficulties, in the derley, the President of the Society, and Mr. course of managing the trusts, which woulu Geo. Burrow Gregory, who were examined behave led to perpetual delay, litigation, and fore the Committee, and gave important eviexpense.
dence in opposition to both the Bills, and The Council, therefore, prepared a petition whose exertions have largely contributed to on the part of the Society collectively, and an. their rejection. other from individual attorneys and solicitors 5th. "Equity Courts. — During the present practising in the Superior Courts, and com- Session no proposition has been made for the municated their reasons against the several further alteration of the jurisdiction and proBills to the Provincial Law Societies. The cedure in Chancery. The important Acts South Sea Company's Bill, and afterwards the passed in the Sessions of 1852 and 1853 have other, having been referred to a Select Com- effected beneficial alterations; but some further mittee of the House of Lords, the promoters of amendment is under consideration with regard both Bills signified their intention to appear to the mode of taking evidence vivá voce. by counsel. On the part of the Society, there- One Bill, however, inay be mentioned fore, Mr. Selwyn was instructed to oppose the authorising the institution of suits for declartrust clauses of the South Sea Bill, and the ing the future rights of parties, and perpetuwhole of the Executor and Trustee Bill. The ating tie testimony of witnesses relating to evidence on both sides has been printed, and anticipated claims or disputes ; but it is not copies have been placed in the Hall and Li- expected that this measure will pass in the brary for the perusal of the members. The present Session.? several objections urged before the Committee Audience of Solicitors in Bankruptcy Courts. were, that the Bills proposed, 1st, to establish - In the Bankruptcy Bill of last Session a the legality of trading in trusts, and making a clause was introduced, prohibiting solicitors profit out of that trade ; 2ndly, to establish the from being employed by other solicitors before principle of limited liability of trustees, and to the Bankruptcy Courts. The Council preabsolve them from all personal responsibility; i pared reasons against this proposed enactment, 3rdly, to sanction an unlimited capacity in a and, amongst other Peers, addressed Lord corporation to take land, and hold and manage Truro on the subject, who kindly took the land to any amount; 4thly, to contradicta subject into consideration, and made an apprinciple deliberately decided by the Legisla- pointment to receive a deputation from the ture, in the case of municipal corporations who Council. Subsequently thereto the Lord were possessed of large charity estates in trust, Chancellor stated in the House that the whole that it was not advisable to allow them to con
? Several other Bills relating to the Court The Testamentary Jurisdiction Bill has of Chancery have recently been introduced, since been postponed.
which are receiving the attention of the Council.
Incorporated Law Society-Annual Report of the Council.
307 subject of Bankruptcy and Insolvency Law proposition into effect, to examine closely the was under the consideration of the Govern- provisions by which the plan may be proposed ment, and that it was intended to institute a to be effected. full inquiry; the further progress of the Bill Some other legislative proposals have also was therefore postponed.
been brought before Parliament, or subjected 6th. Local Courts. To the Bills already men- to investigation hy Committees and Commistioned may be added some others for the exten- sioners, and to which the attention of the sion or amendment of certain local Courts, such Council has been directed. Amongst these as the Stannaries Court in Cornwall, and the may be mentioned the suggested alteration of Manchester Borough Court. These larger local the Law of Divorce, under which, instead of a Courts are not limited, like the County Courts, few very expensive applications to Parliament, to a small amount of exclusive jurisdiction, and there may arise numerous suits at comparaare so far at variance with the principle of the tively small expense. Into the policy of such County Courts, which were designed to esta- an alteration of the law it is not the province of blish a uniformity of jurisdiction and practice. the Council to enter; but it is ma fest that it It is manifest that these diversities of jurisdic- may become the duty of the members of the tion are objectionable, and that the proper sys- Society, in behalf of their clients, to watch the tematic course should be to abolish all local legal machinery by which the new law would be Courts, except the County Courts, but to give a carried into effect, whether in any of the present concurrent jurisdiction to the Superior Courts, Courts or a new Court to be established for the down to 51.
purpose. The measure will probably be susIt is remarkable that in the present Session pended until the change with regard to the no further attempt has been made to extend the Ecclesiastical Courts has been effected. jurisdiction of the County Courts, except by a Many Bills have been introduced for the Bill, which has recently received the Royal alteration of the Law of Parliament, which Assent, authorising appeals to the Superior affect the members of the Profession in comCourts in actions brought in the County mon only with the rest of the public, except in Courts by the consent of the parties, and the project for the better representation of the which were only brought within their juris- people in Parliament, in which it was proposed diction by such consent.
that the Inns of Court should be specially reIf the County Court Commissioners should presented; but these Bills have been postmake their report in time, the Profession may poned. expect next Session an important modification II. ANNUAL CERTIFICATE DUTY. and improvement of these Small Debt Courts, 7th. Criminal Law.— The Bill for constitut- motion for the repeal of this tax was made on
Previously to the last annual meeting, the ing public prosecutors, although postponed the introduction of the Bill by Lord Robert for the present session, should not be lost sight Grosvenor, and was carried by 52 in a House of, more especially in the country, where the of 390 members. This took place on the 10th proposed officer may exercise, if so disposed, of March ; and after that favourable division, an unequal and objectionable extent of patron- Mr. Milner Gibson, on the 14th of April, sucage in the appointment of the counsel and at- ceeded in carrying a motion for the total repeal torneys who conduct the prosecution. The objects to be gained in behalf of the public are, ment by a majority of 31'in a House of 208
of the Advertisement Duty against the Governthat, on the one hand, the county shall not be members. Soon afterwards, namely, on the put to the expense of improper and malicious 18th of April, the Chancellor of the Excheprosecutions, and, on the other, that no corrupt practice shall prevail in suppressing evi- venturing to pass over entirely the successful
quer, in making his financial statement, not dence or compounding offences. 8th. Miscellaneous. -Alterations have been that it should be reduced one-fourth; but ac
movement against the Certificate Tax, proposed also proposed in our mercantile laws, by adapt- companied this by adding his intention to reing them to the whole of the British empire, duce the stamp on the articles of clerkship oneincluding particularly those of Scotland. In third, as to which tax no complaint, it must be the present session an attempt has been made observed, had been made, and against which to remodel the law of bankruptcy in that part not even one petition had been presented. of the empire, but it has not made inuch pro
The Council thereupon addressed all the gress, and cannot be expected to pass at pre- Provincial Law Societies and their other corsent. The Council have also given their attention certained their views of the Government pro
respondents throughout the kingdom, and asto other measures for alterations of the law which affect rather the community at large
From time to time the question was postthan the Profession in particular, As an instance, they may mention the law of partner succeeded by separating the reduction of the
poned, and the Chancellor of the Exchequer ship, and particularly the proposed limited lia- Certificate Tax and of the duties on advertisebility of partners. They do not now enter into ments from the other objects of the Stamp the general question of the balance of advan. Bill, and placing them in juxtaposition, to gain tages and disadvantages to the public of such limited partnerships ; but they will be prepared,
an advantage in favour of the advertisements
over the less popular claims of the Attorneys in when any measure appears for carrying the
regard to the Certificate Tax.
Incorporated Law Society- Annual Report of the Council. On the debate on the second reading of ever, observe, that, after a contest continued Lord R. Grosvenor’s Bill for the Repeal of the during four sessions of Parliament, the ProfesCertificate Tax on the 20th of July, the Chan- sion has been relieved of part of the tax to the cellor of the Exchequer very adroitly reminded amount of nearly 30,0001. a year, and that the the House that on the 18th of April he had way is still open, upon a more favourable ocstated that the changes in the fiscal regulations casion, to press the rights of the Profession to of the country then contemplated by him would a total repeal of the tax ; and the Council hope leave a surplus for the year of 495,0001.; and that some future measure may be attended that since that time it appeared by various with that result. means that he was left with a surplus only of from 150,0001. to 200,000l., inost of which
III. EQUITY AND OTHER Cosrs. would be required to meet certain charges to The change which has taken place under the be presented to the House in a supplemental ! recent Statutes and Rules of Court in the estimate. He stated he had been asked to re- pleadings in Chancery, nearly altering the peal the Advertisement Duty 80,0001, the At- whole practice, seems to render it absolutely torneys Certificate Duty 80,0001. more. If necessary that the mode of remunerating soliboth these duties were repealed it was plain citors should be placed upon a better and that the financial operations of the year would juster footing. Since the last annual report have to be carried on, not on a surplus but on the Council have male several further coma deficit.
munications to the Lord Chancellor, and he On the question being put that the Bill has also favoured them with interviews on should be read a second time, the majority this important subject. agair st it was 83, but on examining the divi- In March last they submitted to his Lord. sion list it appears that 61 members who had simp a summary of the suggested alterations previously voted for the repeal of the Certi- which they had prepared in accordance with ficate Tax voted against it on this occasion. the desire which his Lordship was pleased to These 61 votes deducted from the majority and express to the deputation who had the honour added to the minority would have given a clear of attending him. The reasons in support of majority of 39 in favour of the Bill.
the proposed alterations, with the explanaOn this adverse decision being known, the tory details connected with them, were conCouncil again communicated with the Provin- tained in the papers submitted to his Lordship cial Law Societies, and Solicitors in the several last year. The main feature of these alteratowns where there are no Law Societies, with tions, besides various changes in specific fees, a view to the continuance of their efforts in the consisted in giving a discretionary power to present session; but they met with very little the taxing officer, in cases which could not be encouragement to press the subject further, a provided for by such fees, to regulate his al. comparatively small number only being in fa- lowance by the industry and skill displayed vour of immediately continuing the appeal to by ths solicitor in his work, and by its imParliament.
portance ;-thus encouraging the solicitor to At the commencement of the session the expedition and brevity. The Lord Chancellor Council took the whole subject into their con- was informed that the Judges of the Courts of sideration; and whilst they would have been Common Law had recently revised their scale willing to renew the application if any hope of of charges in consequence of the extensive alsuccess remained, they felt, in the then state of terations made by recent statutes and orders in public affairs, and in the uncertainty of the the practice of those Courts. On that occacontinuance of peace, it was expedient to ab- sion the heads of the three Courts had been stain from bringing the question before Parlia. pleased to delegate the consideration of the ment. They consulted Lord R. Grosvenor and new scale to one of the Judges of each Court, other members who had supported the mea- assisted by a Master of each Court; that sure, on the course to be pursued, and were some members of the Council of this society advised that it was not only hopeless to gain a attended several meetings of those authorities, rehearing of the case, but that the pressure of at which the new scale was discussed and setthe question at that time would produce an in- tled, and it was afterwards approved by all the jurious effect on a future occasion. The So- Judges. The Council, aware of the heavy ciety, therefore, did not present any petition on pressure on his Lordship’s time, and that his the subject; but Lord R. Grosvenor, whose important duties would prevent his personal strong sense of justice has constantly sup- attention to this subject, ventured to suggest, ported the claim of the Profession, announced whether some similar course might not be in his place in Parliament that his clients did adopted in the present case; and whether it not admit that the relief afforded to them was might not be a useful and satisfactory method satisfactory; but that, on the eve of a war, of settling a question so important, and which they felt constrained to defer their claim til had become so urgent; that the proposed altethe state of public affairs should permit it to be tations should be considered by the Master of again brought forward. From the inanner in the Rolls or other of the Equity Judges, aswhich this intimation was received it was evi- sisted by one or more of the Taxing Masters, dent that the prudent course had been adopted. and some of the chief elerks of the Judges, who In closing their exertions with respect to this are familiarly acquainted as well witli the foraffair for the present, the Council may, how mer practice as with that which the recent
NOTICE TO QUIT.
Incorporated Law Society-- Annual Report of the Council.--Correspondence.
309 changes had introduced into Equity proceed- Connected with the subject of costs, it may ings and practice. The Council offered to con- be mentioned that the attention of the Council tribute any information or assistance in their having been called to a case before one of the power which might be thought useful in con. Vice-Chancellors relating to the alleged delay sidering the subject, and to attend his Lord in the taxation of costs before the Taxing ship or any of the Judges, at any time when Masters, the Council applied to them on the their aid might be required.
subject, and were informed that it is the pracThe Council have been informed by the Lord tice of the Taxing Masters to set apart a day Chancellor's principal secretary that the subject or some portion of several days in every week has anxiously engaged the attention of his Lord- for short taxations. The arrangements which ship, and they have reason to believe that several the Taxing Masters have made appear to the of the officers of the Court have been consulted Council to be as beneficial to the suitors and on the suggested alterations; but at present convenient to the solicitors of the Court (at all no decision has taken place, except that in events in the absence of any increase of the some instances the Taxing Masters have partly taxing forc: ), as are practicable. relaxed the rigid rules which the clerks in Court formerly laid down, and which, in many
[To be continued.] instances, worked absolute injustice ; and the Lord Chancellor, on the 21st instant, ordered SELECTIONS FROM CORREthat after the 2nd July the folios in Chancery
SPONDENCE. shall be counted and eharged for after the rate of 72 instead of 90 words, and that the charge for accounts in Chancery shall be reckoned at one word for each figure. Both these amend
A. Holds a house of B. as yearly tenant, ments were included amongst various sug- and gives notice to B.'s collector to quit, who gestions submitted to the Lord Chancellor last stated that his principal required personal seryear by the Council.3
vice to quit from his tenants.
Is such notice good? B. considers it is not • The Order of Court is as follows: within the scope of his collector's authority to
1. From and after the 2nd day of July, receive such a notice, which he neither directly 1854, all office copies and other copies of or indirectly authorised him to do. pleadings, proceedings, and documents in the
Civis A. Court of Chancery shall (except in the cases hereinafter mentioned) be counted and charged
WIFE'S EQUITY TO A SETTLEMENT. for after the rate of 72 words per folio, and where such copies or any portion thereof shall A. bequeaths to trustees 2,0001. consols in comprise columns containing figures, each trust to pay the interest to his wife for life, figure shall be counted and charged for as one who is still living, and on her decease to his word.
daughter B. 2. From and after the 2nd day of July, B. marries C. without any settlement having 1854, the charge for all transcripts of accounts been executed previously thereto. _ C. assigns made in the office of the Accountant-General his wife's reversionary interest to D. by way of shall be after the rate of 2s. for each opening mortgage, and subsequently takes the benefit of such transcript, consisting of the debtor of the Act for the Relief of Insolvents. and creditor sides of the account to be entered Will B., the daughter, on the death of the therein.
3. The charges hereinbefore directed to be stands referred,” they will in future make the made shall be paid by means of stamps ac- reference "to the proper Taxing Master," thus cording to the General Orders of the Court of leaving it to the solicitor to carry his order Chancery in that behalf now in force, so far as into the office of the Master to whom it has relates to docuinents furnished by the said been already referred, or to get it referred to Court.
the Master in rotation, as the case may be. TAXATION or Costs.--Solicitor's Certifi- In consequence of this arrangement, the cate of proper Master.-By the 10th Order of Taxing Masters have given notice that it will 26th October, 1842, it was directed, “That all be necessary for the solicitor, when he brings references for the taxation of costs shall · be an order to the sitting Master for a reference, made to the Taxing Master in rotation, or if to certify, in the form undermentioned, that there has been any former taxation of costs in the cause or matter has not been already the same cause or matter, then to the Taxing referred. Master before whom such former taxation has
A. B. v. C. D. taken place, either on a reference from the Court or upon the request of a Master in
In the matter of Ordinary.”
By a recent arrangement the Registrars have I hereby certify that this cause (or matter] adopted an amended form of order whereby, has not been already referred to any Taxing instead of directing the reference " to the Master. Dated
185. Taxing Master in rotation," or “to the Tax
E. F., ing Master to whom the cause or matter
310 Notes of the Week.-Superior Courts : Lord Chancellor.-Lords Justices.
Parliament was prorogued to the 19th Oct.
Tom Taylor, Esq., Barrister-at-Law, has Metropolitan Sewers.
been appointed Secretary of the new Board of Literary and Scientific Institutions.
Health. Real Estate Charges.
This day (11th August) the Right HonourMedical Graduates (University of London). able Sir Robert Harry Inglis, Bart., was by Prisoners' Removal.
her Majesty's command sworn of her Majesty's Episcopal and Capitular Estates’ Manage- most Honourable Privy Council, and took his rent.
place at the Board accordingly. Bankruptcy.
The Queen has been pleased to direct Letters Merchant Shipping Acts' Repeal.
Patent to be passed under the Great Seal grantIncumbered Estates (West Indies). ing the dignity of a Knight of the United KingLegislation Council (Canada)
dom of Great Britain and Ireland unto William 12th August.
Ogle Carr, Esq., Chief Justice of the Supreme Customs.
Court of the Island of Ceylon.-From the Second Common Law Procedure.
London Gazelle of 15th August.
RECENT DECISIONS IN THE SUPERIOR COURTS.
Court of Chancery.
tenants in common if more than one, and if (Coram Lord Chancellor and Lord Justice
but one then the whole for such one, to be Turner).
payable to such child or children on his or
their respectively attaining 21. She also deBythesea v. Bythesea. Jan. 14; Aug. 2, 1854. clared that the share of each child should be CONSTRUCTION.
a vested interest, and that in case her grandson LEAVING” CHILDREN.
should leave no child, the residue should be The testatrix by her will bequeathed the re
held on certain trusts as therein mentioned. It șidue of her personal property in trust to appeared that the grandson survived the testa. be invested and to pay the dividends there- trix, but that his only son had attained the age of to her grandson when and so soon as he of 21 and died intestate before his father, hay. should attain the age of 21, for his life, ing married and leaving the plaintiff, his and from and after his deuth, in case he widow, and one child, who was now surshould leave any child or children in trust viving. The Vice-Chancellor on a special case for all and every such child and chil. under the 13 and 14 Vict. c. 35, having held dren equally between them as
tenants that the gift over took effect on the death of in common if more than one, and if the grandson's child in his father's lifetime, but one then the whole for such one, to this appeal was presented. be payable to such child or children on his
Chandless and Shapter in support; Rolt or their respectively attaining 21.
There and Faber contrà; c. L. Webb for the exewas a declaration that the share of each cutors.
Cur. ad, vult. child should be a vested interest, and that The Court said, that the testatrix had proin case the grandson should leave no child vided against two contingencies,—that of the the residue should go over as therein men- grandson leaving a child or children, and of tioned. The grandson survived the testa- his not leaving any child. This prima facie trix, but his only son died in his lifetime, meant leaving children at the period of his but after attaining 21, leaving a widow and death, and the contingency upon which the a child : Held, affirming the decision of property was given over occurred if this conVice-Chancellor Wood, that the gift over struction were adopted. The cases cited on took effect on his death.
the argument related to settlements, and were This was an appeal from the decision of not applicable to the present case which reVice-Chancellor Wood (reported 16 Jur. 969). lated to a will
, and the appeal must be disIt appeared that the testatrix by her will, dated missed, but without costs. Jan. 18, 1798, bequeathed the residue of her personal property in trust to invest the same,
Lords Justices. and inter alia to pay the dividends thereof to her grandson, when and so soon as he should
Cooper v. Tayler. Joly 20, 1854. attain the age of 21, for his life, and from and VACATING ENROLMENT OF DECREE.-JUafter his death, in case he should leave any
RISDICTION. child or children, in trust for all and every such Held, that an application for leave to give child and children equally between them as notice of motion to racate the enrolment of