Law of Attorneys and Solicitors.-Law of Costs.- Construction of Statutes. offered enfranchisement to all their tenants on corresponding terms.

sioned solely by the conduct of the defendant, he must pay the ordinary costs of it, notwithand that of "R. L.," in his letter, which how-standing the title was first shown in the Masever is no proof that he has with his legal ter's office. practice paid little attention to mathematical questions in relation to the partial interests in property between lord and tenant.

Practice on Claims.-Vacation Business.-Incorporated Law Society.
PRACTICE ON CLAIMS.

AMENDMENT AFTER SET DOWN FOR HEAR

ING.

AN application had been made and refused to postpone the hearing of a claim, and the defendants prepared their affidavits in expectation it would come on. The plaintiff then obtained the common order to amend, and served it on the defendants, who thereupon moved to set it aside, on the ground that the fact of the claim having been set down for hearing ought to have been stated upon the application for the order.

The Master of the Rolls said, that he had inquired and found that the practice was settled, that a claim might be amended after it had been set down for hearing, and the motion was accordingly dismissed with costs. Gwynne v. British Peat, Charcoal, and Manure Company, 17 Beav. 7.

VACATION BUSINESS.

CHANCERY CHAMBERS.

DURING the vacation, until further notice, all applications which are necessary to be made at the Judges' Chambers are to be made at the Chambers of the Vice-Chancellor Stuart.

Persons desirous to make any urgent special application to the Court during the vacation are to apply at the said Chambers for an appointment.

The Chambers of the Vice-Chancellor Stuart will be open every day in the week except on Saturdays-on Mondays from 12 to 2, and on other days from 11 to 1.

INCORPORATED LAW SOCIETY.

ANNUAL REPORT OF THE COUNCIL.

[Continued from p. 287.]

June 27, 1854.

305

peared, that when any difference of opinion occurred between the officer of stamps and the solicitor of the party interested, the latter was obliged to procure, at his own expense, the opinion of the Attorney-General. The ChanCouncil, in the justice of the principle concellor of the Exchequer concurred with the tended for, namely, that on assignment of judgments, where the ad valorem duty had already been paid on the bond or warrant of the Stamp Act was accordingly amended in attorney, the stamp should be only 35s., and this particular.

The Council have also had under their con

sideration another Stamp Duties' Bill of the present Session, on which they have sent suggestions to the proper authorities.

3rd. The Ecclesiastical Courts. Perhaps the most important of all the Bills under the consideration of the Legislature at the present time is that for the abolition of the TestaCourts, and its transfer to the Court of Chanmentary Jurisdiction of the Ecclesiastical

cery.

The Bill in its amended form may be thus briefly described :

1st. As to the Court.-The Testamentary Jurisdiction of the Ecclesiastical and other existing Courts, including their Jurisdiction with respect to the Recovery of Legacies, is proposed to be abolished, and vested in the Court established in Chancery. The grants of Proof Chancery, and a Testamentary Office to be bates of Wills and Administrations are to take place according to the present practice, and a by bill or claim. The Court may direct the suit to establish a will may be instituted either validity of a will to be tried before a jury.

In the country, Probates or Administrations may be granted through a District Office, if the testator or intestate had a fixed place of not amount to 1,500. Wills are to be retained abode within the district, and the estate does by the registrar in country districts for a limited time, and afterwards transmitted to the Court in London.

2nd. As to the Practitioners.-The present advocates of Doctors' Commons are to be admitted to practise in the Court of Chancery, and proctors may be admitted and practise as solicitors, not only in testamentary, but all business in the Court of Chancery. The proc tors are to have the exclusive right of conducting common form business for 10 years, after which it is to be thrown open to all solicitors.

In the country districts solicitors are to be, appointed to act in common form business exclusively of other solicitors for 10 years in the 27 towns specified in the Schedule to the Bill, where there were resident proctors on the 1st Jan. last.

The Stamp Act. In the Stamp Act of last Session, the Council succeeded in inducing the Chancellor of the Exchequer to make a beneficial alteration in the Stamp Duty on the Assignment of Irish Judgments, as charges upon land. The Council obtained from the Law Society of Ireland a copy of the judgment of Chief Justice Lefroy, delivered in the Irish Court of Queen's Bench last year, on the subject of those stamps, and they were informed by the Secretary of the Irish Law Society, that the Solicitor of Stamps in Ireland did not consider the decision conclusive until confirmed The Incorporated Law Society being comby the Courts of Common Pleas and Exche- posed of proctors as well as attorneys and sochequer in full Court. It consequently aplicitors, the Council have not felt it to be con

In other cases the common form business is to be thrown open immediately in the country districts to all solicitors.

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Incorporated Law Society-Annual Report of the Council.

sistent with the constitution of the Society to take any active part in promoting the contemplated change.

Several members of the Council attended the Commissioners at their request, and gave their evidence upon the working of the present system, and their opinions of the proposed alterations.'

4th. Joint-Stock Trust Bills.-The members are probably aware that two joint-stock companies have been projected for the administra. tion of private trusts. The first by the South Sea Company, which, on winding up its own affairs, proposed to continue its corporate powers for the purpose of executing family and all other private trusts; and the second Bill proposed to incorporate a new company to be called "The Executor and Trustee Society." The Council have felt it to be their duty strenuously to oppose both these Bills.

It may be doubtful how the Bills, if passed, would have affected the interests of the Profession; but the question before the Legislature was, whether any serious evil or inconvenience existed to justify any alteration of the law, and whether these joint-stock companies were clearly adapted to remedy the alleged grievance. The Council were of opinion that no defect in the law existed which would be supplied by the proposed companies, and on the other hand, that the proposed Acts would have introduced a series of difficulties, in the course of managing the trusts, which would have led to perpetual delay, litigation, and expense.

tinue in the hands of those corporations, but to appoint individual trustees; 5thly, to effect these objects by a body who have avowed the intention of superseding, as far as possible, the established tribunals of the country; 6thly, that if the evils which have been suggested do in fact exist, the measure is not calculated to remedy those evils; 7thly, even if the Bill could remedy all or any of these evils, still it would introduce new and additional evils of much greater magnitude. And finally, that at all events this is a measure involving such principles as ought not to be introduced by a private Bill; but if Parliament, in its wisdom, think fit to alter the established law of the country in a matter of such importance, it should be done after due deliberation, and as a public measure.

At the conclusion of the fourth day's sitting the Select Committee decided that the South Sea Bill should proceed for the sole purpose of winding up the affairs of the company, that the trust clauses should be struck out, and that the Executor and Trustee Bill should proceed no further.

In the opposition which the Council have thus felt themselves bound to make against these measures, they desire to acknowledge the constant attention, unwearied zeal, and great ability with which their views have been supported and carried into effect by Mr. Kinderley, the President of the Society, and Mr. Geo. Burrow Gregory, who were examined before the Committee, and gave important evidence in opposition to both the Bills, and whose exertions have largely contributed to their rejection.

One Bill, however, may be mentioned authorising the institution of suits for declaring the future rights of parties, and perpetuating the testimony of witnesses relating to anticipated claims or disputes; but it is not expected that this measure will pass in the present Session.

The Council, therefore, prepared a petition on the part of the Society collectively, and another 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, therefore, Mr. Selwyn was instructed to oppose the trust clauses of the South Sea Bill, and the whole of the Executor and Trustee Bill. The evidence on both sides has been printed, and copies have been placed in the Hall and Library for the perusal of the members. The several objections urged before the Committee were, that the Bills proposed, 1st, to establish the legality of trading in trusts, and making a profit out of that trade; 2ndly, to establish the principle of limited liability of trustees, and to absolve them from all personal responsibility; 3rdly, to sanction an unlimited capacity in a corporation to take land, and hold and manage land to any amount; 4thly, to contradict a principle deliberately decided by the Legislature, in the case of municipal corporations who were possessed of large charity estates in trust, that it was not advisable to allow them to con

Audience of Solicitors in Bankruptcy Courts. In the Bankruptcy Bill of last Session a clause was introduced, prohibiting solicitors from being employed by other solicitors before The Council prethe Bankruptcy Courts. pared reasons against this proposed enactment, and, amongst other Peers, addressed Lord Truro on the subject, who kindly took the subject into consideration, and made an appointment to receive a deputation from the Council. Subsequently thereto the Lord Chancellor stated in the House that the whole

2 Several other Bills relating to the Court

1 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 was therefore postponed.

6th. Local Courts.-To the Bills already mentioned may be added some others for the extension or amendment of certain local Courts, such as the Stannaries Court in Cornwall, and the Manchester Borough Court. These larger local Courts are not limited, like the County Courts, to a small amount of exclusive jurisdiction, and are so far at variance with the principle of the County Courts, which were designed to establish a uniformity of jurisdiction and practice. It is manifest that these diversities of jurisdiction are objectionable, and that the proper systematic course should be to abolish all local Courts, except the County Courts, but to give a concurrent jurisdiction to the Superior Courts, down to 51.

It is remarkable that in the present Session no further attempt has been made to extend the jurisdiction of the County Courts, except by a Bill, which has recently received the Royal Assent, authorising appeals to the Superior Courts in actions brought in the County Courts by the consent of the parties, and which were only brought within their jurisdiction by such consent.

Some other legislative proposals have also been brought before Parliament, or subjected to investigation by Committees and Commissioners, and to which the attention of the Council has been directed. Amongst these may be mentioned the suggested alteration of the Law of Divorce, under which, instead of a few very expensive applications to Parliament, there may arise numerous suits at comparatively small expense. Into the policy of such an alteration of the law it is not the province of the Council to enter; but it is manifest that it may become the duty of the members of the Society, in behalf of their clients, to watch the legal machinery by which the new law would be carried into effect, whether in any of the present Courts or a new Court to be established for the purpose. The measure will probably be suspended until the change with regard to the Ecclesiastical Courts has been effected.

Many Bills have been introduced for the alteration of the Law of Parliament, which affect the members of the Profession in common only with the rest of the public, except in the project for the better representation of the people in Parliament, in which it was proposed that the Inns of Court should be specially represented; but these Bills have been postponed.

If the County Court Commissioners should make their report in time, the Profession may 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 of the Advertisement Duty against the Governobjects to be gained in behalf of the public are, ment by a majority of 31 in a House of 208 that, 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- quer, in making his financial statement, not dence or compounding offences. venturing to pass over entirely the successful 8th. Miscellaneous.-Alterations have been that it should be reduced one-fourth; but acmovement 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, including particularly those of Scotland. In the present session an attempt has been made to remodel the law of bankruptcy in that part of the empire, but it has not made much progress, and cannot be expected to pass at pre

sent.

duce the stamp on the articles of clerkship onethird, as to which tax no complaint, it must be observed, had been made, and against which not even one petition had been presented.

The Council thereupon addressed all the Provincial Law Societies and their other correspondents throughout the kingdom, and ascertained their views of the Government proposal.

The Council have also given their attention to other measures for alterations of the law which affect rather the community at large than the Profession in particular. As an in-poned, and the Chancellor of the Exchequer From time to time the question was poststance, they may mention the law of partner- succeeded by separating the reduction of the 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 an advantage in favour of the advertisements limited partnerships; but they will be prepared, when any measure appears for carrying the over the less popular claims of the Attorneys in regard to the Certificate Tax.

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Incorporated Law Society-Annual Report of the Council.

amount of nearly 30,000l. a year, and that the way is still open, upon a more favourable occasion, to press the rights of the Profession to a total repeal of the tax; and the Council hope that some future measure may be attended with that result.

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 the House that on the 18th of April he had stated that the changes in the fiscal regulations of the country then contemplated by him would leave a surplus for the year of 495,000l.; and that since that time it appeared by various means that he was left with a surplus only of from 150,000l. to 200,000l., most of which 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 80,000, the At-whole practice, seems to render it absolutely torneys Certificate Duty 80,000l. more. It necessary that the mode of remunerating soliboth these duties were repealed it was plain that the financial operations of the year would have to be carried on, not on a surplus but on a deficit.

On the question being put that the Bill should be read a second time, the majority against it was 83, but on examining the division list it appears that 61 members who had previously voted for the repeal of the Certificate Tax voted against it on this occasion. These 61 votes deducted from the majority and added to the minority would have given a clear majority of 39 in favour of the Bill.

On this adverse decision being known, the Council again communicated with the Provincial Law Societies, and Solicitors in the several towns where there are no Law Societies, with a view to the continuance of their efforts in the present session; but they met with very little encouragement to press the subject further, a comparatively small number only being in favour of immediately continuing the appeal to Parliament.

III. EQUITY AND OTHER COSTS.

citors should be placed upon a better and juster footing. Since the last annual report the Council have ma le several further conmunications to the Lord Chancellor, and he has also favoured them with interviews on this important subject.

In March last they submitted to his Lordship a summary of the suggested alterations which they had prepared in accordance with the desire which his Lordship was pleased to express to the deputation who had the honour of attending him. The reasons in support of the proposed alterations, with the explanatory details connected with them, were contained in the papers submitted to his Lordship last year. The main feature of these alterations, besides various changes in specific fees, consisted in giving a discretionary power to the taxing officer, in cases which could not be provided for by such fees, to regulate his allowance by the industry and skill displayed by ths solicitor in his work, and by its importance;-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 till had become so urgent; that the proposed altethe state of public affairs should permit it to be rations should be considered by the Master of again brought forward, From the manner 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 clerks of the Judges, who In closing their exertions with respect to this are familiarly acquainted as well with the foraffair for the present, the Council may, how-mer practice as with that which the recent