78 Mortmain Bill.-Taxes on the Administration of Justice. bequests unconnected with influence of any sort. The impediments created by the Bill are such as charitable impulse is rarely active enough to overcome. First, the will is to be made three months before death. All those who postpone their wills-a very numerous class-until their last illness will be lost as benefactors to charity. Those also who make their wills in health will be similarly lost as benefactors, if death should intervene within three months after they have made them. No foresight can prevent this, and here there will be a testamentary intention defeated as well as a charity deprived. A still greater evil, if possible, is the publicity imposed on the testator. It will place the testator in the difficulty of having his object and intentions criticised. And it may here bring about, in the form of importunity by those who have formed expectations at variance with the bequest, an influence which will be as undue as that which is sought to be corrected. Again, a legacy once given, and the gift published, and perhaps gratefully acknowledged in the testator's lifetime, will be practically irre vocable. At present, the alteration of such bequests in their amount, according to the varying of family circumstances, is very frequent; under the proposed publicity, a diminution of the bequest by subsequent will would be ungracious. Few charitably inclined testators will like to come under such obligations as these. Another evil is to be apprehended in the ignorance of testators that there is any restriction by law in disposing of their personal property, which has hitherto been understood to be the free right of every one, and the wishes of the testator may thus be seriously defeated. There is nothing in the Report of the Committee of the Commons on the Law of Mortmain to justify this new system of publicity. The Bill prescribes a notice, signed by the testator, declaring the bequest and the nature of it to the Charity Commissioners. It is not too much to say, that a loss of ninetenths of the bequests which have hitherto been received from those who in their lifetime have been connected with the most useful and import charities, is to he expected under such restrictions and conditions. The loss will be deeply felt. For a very considerable portion of the funds, by means of which many important and useful charities have dispensed their aid to the sick poor and destitute, has hitherto been derived from legacies. Nor did the Committee take any evidence, or express any opinion against the propriety of such bequests, which, as they are wholly spontaneous, should be wholly unfettered. rounded bequests for the latter with safeguards apparently intended to control the former. And the stringency which may probably not suffice to hold the one in check will more than suffice to extinguish the other. THE following were the resolutions proposed by Lord Brougham, embodying the principal statements made in the debate which took place on the 16th instant. "1. That the number of suits brought in the County Courts during the years 1852 and 1853, was 959,095, or about 479,000 yearly, for sums amounting to above 1,494,000l. yearly, whereof above 859,000l. was recovered by judgments or paid into Court, besides the sums paid without any proceedings being had further than service of the plaint. "2. That the fees or law taxes levied upon the suitors in the County Courts in the years 1852 and 1853, amounted to the sum of 523,3031., or about 261,000 yearly, being 371 per cent upon the sums sued for, and 30 per cent. upon the sums recorded by judgmer.ts or paid into Court; but as these are the average proportions, while in many cases the per centage is less, so in many cases it is greater, and thus sometimes the tax amounts to even more than the sums in dispute. "3. That these taxes are applied to paying the salaries of the Judges and other officers of the Courts, the providing of Court-houses in the different parts of the country, and defraying the travelling expenses of the Judges and officers. "4. That by the several Acts passed in the years 1825 and 1852 (6 Geo. 4, cc. 82, 83, and 84, and 15 & 16 Vict. cc. 73 and 87), the salaries of all the Judges and other officers' in the Superior Courts of Law and Equity were made payable out of the Consolidated Fund, and the fees or law taxes levied from the suitors in the said Superior Courts of Law were so far reduced in amount as little, if at all, to exceed 50,000l. since the last of these Acts passed, and no fees or taxes whatever are levied on the suitor to pay for the Court-houses, or Judges' lodgings, or other expenses of the Judges. "5. That the fees or law taxes exacted in an undefended action in the County Courts,—that is, where the parties agree, and an order is made, or where the defendant does not appear -are the same as in a defended action; and those fees or taxes in an action for the sum of 201. amount to 31. 11s. 8d.; whereas, in an action brought in the Superior Courts for the like The Judges only, not the officers, are so By confounding religious uses with what are purely charitable purposes, the Bill has sur-paid.-ED. Law of Attorneys and Solicitors.-Causes of the Unpopularity of Attorneys. sum, where judgment is entered by default, the fees or taxes amount to 17s. only. 79 other time as should be necessary to complete "6. That the number of suits brought in the and that on the completion of such service the the three years' service pursuant to the Statute, County Courts has been increasing since their establishment; that 32,506 more were brought present Examiners should be at liberty to issue in 1852 than in 1851, but that in 1853 it was their certificate of the fitness of the applicant only 10,000 more than in 1852, and the actions to be admitted, upon his examination already for sums above 201. fell from 13,006 (the had, without his being examined again,—the average of 1851 and 1852) to 9,207 in 1853, owing, as appears, to the lowering of the fees or taxes in the Superior Courts, as well as the rules made for allowing more costs than are allowed in the County Court. "7. That all taxes upon law proceedings are contrary to every sound principle, and of necessity work injustice and oppression, but that those which are imposed upon the suitors in County Courts are in an especial manner to be reprobated as falling upon the classes of the community the least able to bear the burden, and as obstructing the access to those Courts where alone the great majority of causes can be tried." We shall take an early opportunity of further discussing this subject. It appears to be overlooked that the "Small Debts" Act, under which the new County Courts were established, superseded many hundred local Courts, including the Courts of Request, where small debts and demands were recovered at a very moderate expense; and the annual number of which was, we believe, not inferior to the plaints "tried" (as alleged) in the New County Courts. Although the resolutions were withdrawn, on the Lord Chancellor's suggestion, it will be material to consider such part of them as relate to the County Courts, with reference to the inquiry now in progress before the County Court Commissioners. LAW OF ATTORNEYS AND SO- SERVICE OF GRADUATE ARTICLED CLERK AN articled clerk took his B.A. degree at Oxford, on Jan. 14, 1850, and was articled for three years on Jan. 19 to his father, with whom he served for two years. He then came up to London and served eight months with his father's town agents, and then went to a special pleader for four months. The Examiners had examined the applicant conditionally, but refused the certificate on the ground that the service to the special pleader was not good under the 6 & 7 Vict. c. 73, s. 7. On an application, a rule was made for liberty to the applicant to enter into further articles for a further term of four months, or such usual notices of admission being given. Exparte Earle, 1 Lowndes & Maxwell, 180. CAUSES OF THE UNPOPULARITY WE lately had occasion to notice the appeal made by an influential Member of the House of Commons-no less than the Chairman of the House when sitting in Committee to the vulgar prejudice which long ago existed against lawyers, and which, though of late years abated, has evidently not ceased. So long as lawyers are the instruments by which vice and crime are punished, and so long as folly must seek protection against fraud and oppression, the attorneys must endure the abuse of those whom they bring to justice, whether in disgorging their fraudulent gains, or defeating their nefarious projects. Mr. Warren, in his "Ten Thousand a Year," thus describes the grounds of the unpopularity of attorneys :— those who will join in abusing and ridiculing "There will probably never be wanting every action at law, or suit in equity, or proattorneys and solicitors. Why? In almost ceeding which may, or may not, lead to one, each client conceives a natural dislike for his opponent's attorney or solicitor. If the plaintiff succeeds, he hates the defendant's attorney for putting him (the said plaintiff) to so much expense. and causing him so much vexation and danger; and when he comes to settle with his own attorney, there is not a little heartburning in looking at his bill of costs, however reasonable. If the plaintiff fails, of course it is through the ignorance and unskilfulness of his own attorney or solicitor! and he hates almost equally his own and his opsuccessful or unsuccessful defendant. In fact, ponent's attorney! Precisely so it is with a an attorney or solicitor is almost always obliged to be acting adversely to some one of whom he at once makes an enemy; for an almost invariably at our pockets! He is neattorney's weapons must necessarily be pointed cessarily, also, called into action in cases when all the worse passions of our nature-our hatred or revenge, and our self-interest are set in motion. "Consider the mischief which might be done on a grand scale in society, if the vast majority of attorneys and solicitors were not 80 Construction of Statutes.-Law of Costs. honourable and able men! Conceive them, then upon ordering such sum of money to be for a moment, disposed every where to stir up paid into Court as the Court may think necessary litigation, by availing themselves of their per- to protect them. Assuming this to be, in other fect acquaintance with almost all men's cir cumstances artfully inflaming irritable and respects, a proper case to direct a sale, I think vindictive clients, kindling, instead of stifling, if the second mortgagees consented, and the family dissensions, and fomenting public third mortgagee paid into Court the amount of strife;-why, were they to do only a hun- the first mortgage, then, as the first mortgagee dredth part of what it is thus in their power will clearly have a security both on the proceeds of the sale of the estate and the money in Court, he would be perfectly safe. to do, our Courts of Justice would soon be doubled, together with the number of our Judges, counsel, and attorneys-new jails must be built to hold the ruined litigants, and the Insolvent Court enlarged and in constant session throughout the year. "I do not consider that under this clause the Court would be induced to act oppressively, "But not all this body of honourable and so as to dispossess a family of an old family valuable men are entitled to this tribute of estate. It is possible, also, that a life estate praise. There are a few Quirks, several might not sell well, and that a mere estate pur Gammons, and many Snaps, in the Profession of the Law-men whose characters and doings often make fools visit the sins of individuals upon the whole species." [See the new edition of "Ten Thousand a Year," carefully revised, with Notes and Illusstrations, vol. 1, p. 77.] CONSTRUCTION OF STATUTES. autre vie (which this would be) would not, if sold, be so productive for the benefit of the mortgagees, as the receipt of rents during the continuance of the lives." Hurst v. Hurst, 16 Beav. 372. LAW OF COSTS. RQUITY JURISDICTION IMPROVEMENT ACT. OF PETITION BY MASTER OF CHARITY FOR PRINCIPLES ON WHICH SALE DIRECTED OF PAYMENT OF INCOME. THE costs of a petition presented by the new master of a charitable corporation for payment of the income upon a fund in Court belonging to the charity, were directed to come out of the income and not out of the fund. AttorneyGeneral v. Smythies, 16 Beav. 385. THIS COUNTRY.-AFFIDAVIT. A plaintiff resident in Scotland was possessed, as stated in the affidavit in answer to a rule calling on him to give security for costs, "of large landed and other estates" in this country, 66 of considerable annual value over and above all charges affecting the same." MORTGAGED ESTATE, S. 48. THE Master of the Rolls said,-"I apprehend that the Statute enabling the Court to direct a sale, intended to give the Court a very considerable discretion, in order to avoid the great delay and expense which are occasioned by foreclosure and redemption in a case where SECURITY FOR COSTS. REAL ESTATE IN there is a great number of successive mortgages; and the Court will, upon the terms and according to the directions contained in the section, exercise that power in such a manner as not to operate injuriously or oppressively on any person interested. If, therefore, a sale of this property could now take place, as beneficially and profitably to the parties concerned, Crompton, J., said, "The possession of real as by allowing the rents to be received, I should property within the jurisdiction of the Courts think it a proper case for the exercise of that here is sufficient answer to an application of discretionary power contained in the Act. But this kind; but the affidavit must go further I should give liberty to the persons interested than the present one, and must show that the to bring before me any matters which might property is available for the purposes of an vary or alter my opinion, because they have not had the opportunity of so doing, in consequence of the cause being at issue before this Act came into operation. The power given to the Court, as I read it, is, at the instance of the first mortgagee, to direct a sale, if it should think fit, or at the instance of a second or any puisne incumbrancer, with the consent of the prior incumbrancer; or if they do not consent, execution. My brothers Patteson and Parke, Dawson, 7 Dowl. 573, 6, 7; Kilkenny and Great Points in Equity Practice.-Legal Benevolent College.-Record Repository. that the property possessed by him in this country is available property. As the present affidavit is sworn, I am not satisfied that the plaintiff has any available in England. The affidavit merely says, "that the plaintiff is possessed of large landed estates of considerable value,” “over and above all charges affecting the same;" but they may, nevertheless, be wholly unavailable upon an execution. I think, therefore, the rule must be made absolute." Swinborne v. Carter, 1 Lowndes & Maxwell, 209. POINTS IN EQUITY PRACTICE. REDEMPTION CLAIM. STATUTE OF LIMITATIONS.-LETTER FROM MORTGAGEE TO HIS SOLICITOR. In a claim by the trustees of a building society to redeem an estate mortgaged to the defendant, John Hobson, the Statute of Limitations (3 & 4 Wm. 4, c. 27) was set up. The Master of the Rolls said, "The letters written by Hobson to his own solicitor can, in no degree, affect his right to the benefit of the Statute as a bar to the claim of the plaintiff." See Batchelor v. Middleton, 6 Hare, 84; Lucas v. Dennison, 13 Sim. 584. Stansfield v. Hobson, 16 Beav. 236. PROPOSED LEGAL BENEVOLENT COLLEGE. THE medical profession has lately nobly and liberally subscribed for a medical benevolent college, which is now in course of erection on Epsom Downs, at a cost of some 20,000l. a Perhaps you will permit me to throw out hint of the practicability of a similar institution for the members of the Legal Profession. I by no means consider it impossible; on the contrary, looking at the number, wealth, and liberality of the Profession, I entertain very little doubts of its ultimate success. A SEPTUAGENARIAN ONE, &c. [We are happy in being able to inform our Correspondent, that a scheme of this kind has been long contemplated, and that so long as eight or ten years ago we saw a prospectus of it in MS., the publication of which was delayed for a very cogent reason, which has now been removed, and it is expected that it will shortly make its appearance under the powerful auspices of the Incorporated Law Society.-ED.] THE GENERAL RECORD REPO SITORY. 81 CONNECTED with the proposed New Inns of Court, we may not inappropriately Courts and Offices in the vicinity of the tion of which has just been completed, on refer to the important edifice, a large porthe Rolls' Estate. The intended great central street, running from Cheapside to Long Acre, and thence to Piccadilly, will pass on the north side of the New Record Building, and continue thence along Carey Street, and thus form one of the chief approaches to the new Courts. In the Report, just printed, of the Record Keeper, we find the following passages relating to the progress of the Repository, and which will be interesting to most of our readers who look forward to the projected improvements in and near the Inns of Court. in pursuance of the vote taken in 1850, has "The progress of this building, commenced been stated in preceding Reports (Eleventh Report, 3, s. 1; Twelfth Report, 3, s. 1; Thirteenth Report, 3, s. 1; Fourteenth Rehaving been completed about the month of port, 3, s. 1). The shell of the building July, 1853, it appeared to the Master of the Rolls that it would be highly desirable that one room of the Record Repository should be fitted up with models of the racks or presses intended for the Records, and also of the galleries and other means of access to the same, all of which are to be constructed of iron. This proceeding was considered expedient, inasmuch as there are many objects of this class which neither verbal dequestions connected with the consideration of scriptions, nor even drawings, can render sufficiently intelligible, and the models being submitted bodily to the examination of the officers to form a judgment thereon. Application was of the establishment, they will better be able therefore made, 15th August, 1853, to your Majesty's Board of Works, requesting that a room should be fitted up accordingly. When the presses are completed, the removal of the place-a task not light or easy under any cirrecords from the present repositories will take cumstances, but peculiarly difficult with respect to the records in the repository at the Carlton Ride. These records belong principally to the Courts of Common Law, and are considerably resorted to for use and consultation; and it will be absolutely needful that the removal be conducted so alertly and systematically that no more than one clear day should elapse during which the records should be inaccessible to the searcher. Your Majesty's Commissioners of Works are desirous of receiving possession of the Carlton Ride for made by this department to comply with their building purposes, and every effort will be wishes and directions." 82 Examination at the Inns of Court.-Admission of Attorneys. EXAMINATION AT THE INNS OF Held at Lincoln's Inn Hall, on the 22nd, 23rd, and 24th days of May, 1854. Inn, and George Hunter Cary, Esq., Student of the Inner Temple, Certificates of Honour, as having passed the next best Examinations. And the Honourable Thomas Charles Bruce, Student of the Inner Temple, a Certificate that THE Council of Legal Education have he has satisfactorily passed a Public Exami nation. By Order of the Council, (Signed) EDWard Ryan. (Chairman pro tem.) Council Chamber, Lincoln's Inn, May 29, 1854. Notice of Admission for the last day of Trinity Term, 1854, to be added to the List pursuant to Judge's Order. Renewed Notice of Admission for the last day of Trinity Term, omitted in former List. Lomax, Richard, 3, Bolton St., Piccadilly . Alfred Grundy, Bury, Lancaster. |