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308

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 oc. stated 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 495,000l.; 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

III. EQUITY AND OTHER Cosrs. from 150,0001. to 200,0001., 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 80,0001, 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 If necessary that the mode of remunerating soliboth these duties were repealed it was plain citors should be placed upon a better and that the financial operations of the year wouid juster footing. Since the last annual report have to be carried on, not on a surplus but on the Council have ma le several further coina 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 $3, but on examining the divi- In March last they submitted to his Lord. sion list it appears that 61 members who had sirip 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 sta 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, rebearing 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 come 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 elerks of the Jonges, 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

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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 aitention 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 alisence of any increase of the some instances the Taxing Masters have partly taxing foro ), 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 Jaly the folios in Chancery

SPONDENCE. shall be counted anii eharged for after the rate of 72 instead of 90 words, and that the charge for accounts in Chancery shall be reckoned at

NOTICE TO QUIT. 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 Bi'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 aster 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 OF 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

Plaintiff's Solicitor.

a

or

:

ROYAL ASSENTS.

310 Notes of the Week. --Superior Courts : Lord Chancellor.-Lords Justices.
mother, be entitled to a settlement of the stock Consolidated Fund Appropriation.
for her benefit and that of her children, whe- Russian Government Securities.
ther she concurred with her husband in the
security to the mortgagee or not? B.

Parliament was prorogued to the 19th Oct.
NOTES OF THE WEEK.

LAW APPOINTMENTS.
August 11, 1854.

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

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)

doin of Great Britain and Ireland unto IIilliam 12th August

Oyle Cui Esq., Chief Justice of the Supreme Customs.

Court of the Island of Ceylon. From the Second Common Law Procedure.

London Gazelle of 15th August.

ment.

a

RECENT DECISIONS IN THE SUPERIOR COURT S.

Turner).

WILL.

OVER.

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 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. - GIFT

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

sidue 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, har. 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 sur. should 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, 1795, 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. July 20, 1854. attain the age of 21, for his life, and from and

VACATING ENROLMENT OF DECREE.JU. after his death, in case he should leave any 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 vacate the enrolment of

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RISDICTION.

COMMON ORDER.

SPECIAL CIRCUM

:

PETITION OF APPEAL-AMENDMENT.

Superior Courts : Lords Justices.--Rolls.

- 311 a decree, in order to present a petition of when service would be required, the applicare-hearing, should be made io the Lord tion to dispense therewith could not now be Chancellor silling alone or in the Court of granted; but the proceedings with reference Appeal.

to the appointment of a receiver might take This was an application for leave to give place without such service. notice of motion to racate the enrolment of the decree in this suit, in order to present a pe.

Master of the Rolls. tition of rehearing.

Bagshawe, in support, referred to the 6th In re Holland, exparte Rudge. June 8, 1854. Order of August 7, 1852, which directs, that SOLICITOR.--TAXATION OF Bill or costs. * the Lord Chancellor, either sitting alone, or with the Lords Justices, or either of them, STANCES. - PAYMENT. shall be at liberty, where it shall appear to The common order wus obtained for the taxhin under the peculiar circumstances of the ation of a solicitor's bill of costs, without case to be just and expedient, to enlarge the stating the circumstances that it had been periods hereinbesore appointed for a re-hearing delivered on November 28, and that a debtor or an appeal, or for an enrolment.”

and creditor account had been delivered at The Lords Justices refused the application a meeting on December 3, at which the upon the ground it should have been made to client's solicitor was present, and signed at the Lord Chancelior, sitting alone or in the

a subsequent meeting on December 5, in Court of Appeal.

which the bill of costs and disbursements

were charged : Held, that a special order Smith v. Adams. June 27, 1854.

was necessary, and it was discharged. Quære, whether the circumstances amounted

to a payment of the bill of costs. Leave given on erparte application to amend

Ir appeared that Mr. Holland, of Uptona petition of appeal by adding the name of a respondent inadvertently omitted in the upon-Severn, had forwarded to Mr. Rudge, Registrars' Office-subject to any objection ference to certain mortgage transactions, and

on November 28, 1853, his bill of costs in re. by the other parties.

that upon his meeting Nr. Rudge and his Tus was an application for leave to amend solicitor, on December 3, by appointment to this petition of appeal from the decision of the complete the transaction, he had handed in a Master of the Rolls by adding the name of a debtor and creditor account, charging the respondent which had been omitted inad-'amount of his bill of costs and disbursements, vertently in the Registrars' Office.

and that Mr. Rudge had signed the account Horace Wright in support.

at a meeting which took place two days after. The Lords Justices said, that the application wards. Mr. Rudge having obtained in April would be granted in order to save expense, last the common order to tax, this motion was although exparte, but subject to any objection made to set it aside on the ground of the supfrom the other parties.

pression of facts, and that after payment a

special order should have been obtained. James v. Rice. July 25, 1854.

Elderton in support; Shebbeare, contrà.

The Master of the Rolls said, that, without

deciding whether there had been a payment of ON DEFENDANT ABROAD. APPOINTMENT

the bill, the facts formed special circumstances OF RECEIVER.

under which a common order could not be obAn application was refused that serrice of tained, and it would therefore be discharged.

copy decree and other proceedings in a suit, taken pro confesso against the defendant, who had gone abroad in 1852, might be dis

Priddie v. Field. July 15, 1854. pensed with ; but the proceedings with re. WILL.-- ANNUITY. - WHETHER CLEAR OF ference to the appointment of a receiver to go on without such service.

A testator directed his executor to raise and This was an application that service of copy pay an annuity or clear yearly sum of decree and other proceedings in this suit on 1001, to A. W., and upon her death, leaving the defendant, who had gone abroad in Octo- issue, the principal to be paid among her ber, 1852, might be dispensed with, and that a children equally, and in default thereof to receiver might be appointed therein without fall into the residue : Held, that the ansuch service. A decree had been taken pro nuity was subject to legacy duty. confesso against the defendant.

The testator, by his will, directed his exeJ. V. Prior in support.

cutor to raise and pay an annuity or clear The Lords Justices said, that as the de- yearly sum of 100?. to Anne Wood, and upon fendatit might have returned within the juris- her death leaving issue the principal to be paid diction before the expiration of the three years among her children equally, and in default allowed' to show cause against the decree, thereof to fall into the residue. The question

now arose, whether the annuity was payable See Order 90 of May 8, 1845. free of legacy duty.

BILL PRO CONFESSO, SERVICE OF DECREE

a

LEGACY DUTY.

STAY

OF

PROCEEDINGS

UNDER

DECREE

AT

FILING
OFFICE.

312 Superior Courts : Rolls-V. C. Kindersley.-V. C. Stuart.-V. C. Wood. Rogers for the plaintiff; G. Lake Russell for

Vice Chancellar Stuart. the defendants.

Howell v. Evuns. July 6, 1854.

Cur, ad. vult. The Master of the Rolls said, that in accord.

ENROLLED.--APPEAL TO HOUSE OF LORDS. ance with the decision of Sanders v. Kiddell, 7 Sim. 536, the word clear" did not refer to An application was refused to stay the prolegacy duty, but only that a sufficient amount ceedings in a suit to enforce the specific should be raised to produce the clear yearly performance of an award, und in which ihe sum of 1001., and which should once for all be

decree had been enrolled, for the purpose separated from the general estate for the suc

of appealing to the House of Lords, on the .cessive takers. The annuity will therefore be

ground that the omission to give notice of subject to duty.

appeal had arisen from the illness of the

applicant's solicitor. Vice-Chancellor Kindersley.

This was an application to stay the proceed

ings in this suit to enforce the specific performBennet v. Powell. July 29, 1854. ance of an award, and in wbich the decree had TAKING BILL PRO CONFESSO AGAINST AB- been enrolled. It was intended to appeal to

the House of Lords, but in consequence of the SCONDING DEFENDANT. A motion was granted under the 77th Order within which notice of appeal must be lodged,

illness of the applicant's solicitor the period of May 8, 1845, to take pro confesso a bill

had elapsed. against a defendant who had appeared but taken no further proceeding, and could not to pay the amount of taxed costs into Court.

Malins and J. T. Wood, in support, offered be found, although inquiries had been made

The Vice-Chancellor (without calling on of his wife at his dwelling-house.

Wigram and Tripp contrà) said, the motion This was a motion under the 77th Order of must be refused with costs. May 8, 1845, to take this bill pro confesso against the defendant, who had appeared there

Vice-Chancilor Udaod. to, but taken no further proceedings, and

Clarke v. Gill. July 20, 1854. could not now be found, although inquiries

EQUITY JURISDICTION IMPROVEMENT ACT. had been made of his wife at his dwelling

DEPOSITIONS

RECORD house. Bovill in support.

Held, that the rzuminer appointed on a moThe Vice-Chancellor granted the motion.

tion for an injunction in cross-examine witnesses who had made affidavits, is bound

under the 15 & 16 Vict. c. 86, s. 34, to In re Ingram's Trust. Aug. 3, 1954.

transmit to the office of Records and Writs TENANT FOR

the depositions from time to time, on the FOR PAYMENT OF DIVIDENDS ON FUND conclusion of the witness's examination, IN COURT.

as on an examination with a view to a Held, that the costs of a petition for pay.

hearing ment to a tenant for life, of the dividends

This was an application for the direction of on a fund in Court, are payable out of the the Court upon the question, whether the exincome, and not out of the corpus,

aminer appointed on a motion for an injunction Renshaw appeared in support of this petition affidavits, is bound under the 15 & 16 Vict. c.

to cross-examine witnesses who had inade for payment of the dividends on a fund in 86, s. 34,' lo transmit to the office of Records Court to the tenant for life. The question and Writs the depositions from time to time now arose as to the payment of the costs. The Vice-Chancellor held, that they were on the conclusion of a witness's examination,

in order that eopies might be obtained. payable ont of the income, and not out of the

Southgate for the plaintiff'; Roxburgh for the corpus.

defendant,

The Vice-Chaucellor saidi, that the section ! Which directs, that " in cases where any applied to depositions taken on interlocutory defendant, either being or not being within the motions as well as with a vice to the hearing, jurisdiction of the Court, does not put in his and directed accordingly. answer in due time after appearance entered by or for him, and the plaintiff is unable, with | Which enacts that when the examination due diligence, to procure a writ of attachment of witnesses before any examiner shall have or any subsequent process for want of answer been concluded, the orignal depositions, auto be executed against such defendant, by rea- thenticated by the signature of such examiner, son of his being out of the jurisdiction of the shall be transmitted by him to the Record Court, or being concealed, or for any other Office of the saill Court, to be there filed, and cause, than such defendant is, for the purpose any party to the suit may have a copy thereof, of enabling the plaintiffto obtain an order to or of any part or portion thereof, upon paytake the bill pro confesso, to be deemed to have ment for the same in such manner as shall be absconded to avoid or to have refused to obey provided by any General Order of the Lord the process of the Court."

Chancellor in that behalf."

LIFE, - COSTS OF PETITION

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