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228 Clergyman's Right to charge his Benefice. --Usages of the Profession. legal and an illegal purpose: we cannot say " Professional Usages," they could settle and it is for an illegal purpose oniy, but the se- promulge such a body of rules of practice as, questration has issued for a larger sum than it on the common grounds of their intrinsic rea ought. This case falls within Gibbons v. sonableness, and the authority of the Society, Hooper, 2 B. & Ad. 734; Kirlew v. Butts, 2 B. would he received and acted on by the profes & Ad. 736, n.; and Moore v. Ramsden, 3 B. &sion at large. Ad. 917.
Nothing is more disagreeable, and I may say The rule drawn up was, that no further pro- discreditable, than to have to discuss in each ceedings be taken on the writ of sequestration, particular case, as it arises, questions of a and that the plaintiff do account before the personal or pecuniary nature, such as the Master for what he has received under the right to the preparation of a deed, the appointsequestration, he being allowed to retain the ment of a place for the completion of a busiarrears that have become due on the annuity; ness, and other similar matters; nor is it of and that until the account shall have been individual moment, since, in turn, most men taken by the Master, no further proceedings are placed in the situation both of receiving be had against the defendant on the warrant of and giving way. The chief object to be desired attorney, the plaintiff being at liberty hereafter is to settle the practice upon principle, where to issue a fresh writ of sequestration for any the question involves a principle; and wh future arrears of the annuity which may be there is no principle, to ascertain and detercome due.
mine upon the general balance of convenience · Brillen v. Wail, 3 B. & Ad. 915.
to the profession at large.
In your last number, under the head of Prea The case in equity was as follows :
paring Leases, you state that “the solicitor The Rev. Edward Watkin being seised in
for the landlord is entitled to prepare the lease fee of the advowson of the rectory of Cooknoe
and counterpart." There is certainly no rule in Northainptonshire, and having granted an
which has more universally obtained than this; annuity to the plaintiff, conveyed the advowson
but as it is founded upon a principle, it would to a trustee for the plaintiff, upon certain trusts
have been as well to have stated the principle, for securing the annuity; and as a further
which is, I believe, that the landlord's solicitor,
being acquainted with his client's title, is, of security, he executed to the plaintiff a warrant of attorney to confess a judgment against him
course, better able to frame the covenants in for 8001. "The plaintiff caused judgment to be
their proper form and to insert the requisite entered up on the warrant of attorney, and
provisions, than the solicitor for the lessee. afterwards took out execution thereon; and
I am not quite prepared to acquiesce in your the plaintiff obtained a sequestration from the
concluding remark, that “where there is no Bishop of Peterborough, under which the
agreement to the contrary, the whole expense rents, tithes, and profits of the rectory were
must be defrayed by the tenant.” I should sequestered. The question was, whether the
have said, that in this case, upon principle, the warrant of attorney was valid.
costs of the lease should be borne by the The Vice Chancellor.—There is a distinction
lessee, being for his benefit; and of the counbetween a security which absorbs all the eccle
terpart, by the lessor, being for his benefit; or siastical profits of a benefice, and a warrant of
that the entire expense should be borne equally attorney which produces a sequestration, and
between them. This question stands on somewhich does of necessity provide for the serving
what different grounds now, to those on which of the cure. If the legislature had meant to
it rested ten or a dozen years ago : then many prevent a clergyman from giving a warrant of
persons were to be found anxious to take leases, attorney, they would have said so; but they
| especially building leases ; now a landlord is have cautiously avoided using any words to
happy to find a tenant on almost any terms; that effect.
but after all, this question is of minor imAberdeen v. Newland, 4 Sim. 281.
portance in the view in which I am looking at
it, seeing that it belongs to the client, rather A warrant of attorney, therefore, although it to be ind
than to the profession, and is therefore scarcely
" to be included under the head of Professional be given by a beneficed clergyman to secure an Usages. annuity, will be good, both at law and in equi-1, There is, however, a question arising out of
the general rule as respects the preparation of leases, of considerable importance to the profession, which is, I think, distinguishable from
the general rule in many respects: the case USAGES OF THE PROFESSION. occurred in my own office.' A. verbally agreed
to sell to B. a leasehold house, held for a term PREPARING LEASES.
of eighty years, for 2,5001., subject to a ground To the Editor of the Legal Observer.
rent of 501. per annum : nothing was said as to | the preparation of the requisite purchase deed,
but on enquiry subsequently, it turned out that The Incorporated Law Society would indeed the house being held with other houses, the confer a great benefit on the profession if, form of the purchase deed must be by rcay of after a judicious consideration of the various | underlease. The solicitor of the vendor claimed points involved in the general heading of to prepare the lease, on the authority of the
New Bills in Parliament : Chancery Offices abolishing.
rule relative to leases, which you have given ; 3. That the said Filacers and their successors, and I, as the purchaser's solicitor, claimed to together with the three Clerks of the Petty prepare the deed, on the authority of the Bag of the High Court of Chancery, and their equally well-known rule relating to purchases. successors, shall be and they are hereby conThe question was referred to a respectable stituted the Clerks of the Enrolments of the solicitor in Lincoln's Ion, and the matter was High Court of Chancery, and that the said argued before him : he decided that the pur. Filacers and the three Clerks of the Petty Bag, chase money was in the nature of a premium and their successors, shall have all such and for the reduction of the rent, and treated the the same powers, and shall perform all such fact that it was a bond fide purchase as of no and the same duties as have heretofore been avail. I submitted to the decision, but I was lawfully exercised and performed by the Clerks not satisfied with it. Another case, under of the Enrolment of the High Court of Chanexactly similar circumstances, except that I cery; and that the said Filacers and their sucwas there concerned for the lessor, shortly cessors shall be and they are hereby constituted after arose, and was referred to another soli- the Comptrollers and Supervisors of his Macitor, of equal respectability and standing, who jesty's Hanaper in Chancery, and that the said decided differently: thus, by the conflicting Filacers and their successors shall have all such decisions of the referees, I lost the preparation powers, and shall perform all such and the of the deed in both cases, and my time and same duties as have hitherto been lawfully temper into the bargain. To this question I exercised and performed by the Comptroller invite the attention of your readers, and the or Supervisor of his Majesty's Hanaper in Law Society. It is, perhaps, not of much im-Chancery; and that the said Filacers shall portance which way the question is decided, so continue to receive the same fees as have that the practice be settled ; and the authority hitherto been paid to the Six Clerks of the of the Incorporated Law Society may be use. said Court in respect of the said respective fully employed in bringing alwut the settle-offices, and that the whole of such fees shall ment of this and other similar Professional | be paid by such Filacers respectively once in Usages. und ni!
every year into the Bank of England, in the. Combi I am, Sir,
name of the Accountant General of the said Your very obedient servant, Court, to be placed to the account July 22d, 1833.
Filing Pleading , 8c. 4. That there shall be an office to be called
“ The Filacers Office in Chancery,” and that NEW BILLS IN PARLIAMENT. all bills, answers, pleas, demurrers, replications,
and rejoinders, or such of the said plcadings as
shall be continued, and all petitions of appeal, A BILI, INTITULED “AN ACT FOR ABOLISHING and other petitions, and all other pleadings in
THB OFFICES OF SIX CLERKS, SWORN | every suit or matter pending in the said Court CLERKS, AND WAITING CLERKS OF THE or before any of the Judges thereof, other than HIGH COURT OF CHANCERY, AND TO PRO-in bankruptcy only, or in lunacy only, being
VIDE FOR THE FUTURE DISCHARGE OF THE such as have been heretofore filed or registeredi -DUTIES OF THOSE OFFICES.”
or entered in the office of the Six Clerks, shall
l be filed and recorded in the said Filacers Office; "Six Clerks, Sworn and Waiting Clerks. and that decrees and orders of the said Court
of Chancery shall no longer be enrolled; and BECITING that the duties of the office of Six that the
Clerks of the said Filacers, Clerks, Sworn Clerks, and Waiting Clerks of under the superintendence and direction of the the High Court of Chancery may be more con- said Filacers, shall have the care and custody veniently performed by the means hereinafter of all the said proceedings and documents so provided, and considerable expense may be to be filed and recorded, and shall deliver such thereby saved to the suitors of the said Court:
copies thereof as may be required, and perform. Be it enacted, that the offices of the Six Clerks
all such other duties relating to such proceedof the High Court of Chancery, and the offices ings and documents as the Lord Chancellor, of the Sworn Clerks and Waiting Clerks of the together with the Master of the Rolls and Vice said Court, shall be and the same are hereby | Chancellor, or together with either of them, abolished.
shall by any general order or orders to be Ku Filacers.
issued by hiin direct. 2. That there shall be officers to be
Sireuring Answers, 8c. called “ The Filacers of the High Court of Chancery,” and that there shall be assist- 5. That the said Filacers shall be and they ants and clerks to the said Filacers, and are hereby authorized to adıninister the oath's that such filacers and assistants and clerks and take the affirmations and attestations of shall personally do and perform all the business honour which may be required by the practice and duties hereinafter directed to be perforin- of the said Court to all answers, pleas, affidaed by them, in such manner as the Lord Chan-vits, examinations, and other proceedings cellor shall from time to time direct.
which shall be filed in the said last-mentioned 230
New Bills in Parliament : Chancery Offices abolishing. office, or be read or used in the said Court, or by a general order or orders to be issued by any of the offices belonging thereto, other than him for that purpose direct. the Exaininer's Office, and to administer oaths to parties and witnesses to be examined before
Place of Business. any of the Masters in Ordinary of the said
10. That the business of the said Filacers Court, and that the said Masters in Ordinary shall no longer administer oaths or take affir.
Office shall be carried on in the buildings now
occupied by the Six Clerks and Sworn Clerks mations or attestations of honor.
and Waiting Clerks of the said Court, or such Musters Extra.
part thereof or in such other places as the Lord
Chancellor shall direct. And it is hereby declared, that it is and shall and may be lawful for the Lord Chancellor to
Serving Notices. appoint Masters Extraordinary of the said High Court of Chancery, to administer oaths,
11. That all notices, warrants, orders, and and take affirmations and attestations of ho
other matters which have heretofore been nour, and to perform all other duties which served on the Sworn Clerks of the said Court have hitherto been performed by Masters Ex
shall be served in such manner as the Lord traordinary in the country, or 'such of those Chancellor, together with the Master of the duties as the Lord Chancellor shall direct,
Rolls and Vice Chancellor, or one of them, within or at any distance from the cities of shall direct by a general order or general London and Westminster that he shall think
orders to be issued for that purpose ; and in proper, any usage or custom that hath here.
case the Lord Chancellor shall direct that such tofore prevailed to the contrary notwithstand
notices, warrants, and orders, or any of them,
shall be served in the Filacers Office, the said ing.
6. That the Lord Chancellor shall. by a assistants or clerks of the said Filacers sball general order or orders to be issued by him, superintend the service and delivery thereof, specify and point out the circuit or district under such regulations as shall be expressed within which the authority of the said Masters in such general order or orders to be issued as Extraordinary to administer such oaths and
aforesaid. perform such duties shall not extend.
Fees and Salaries.
12. That the several fees specified in the
first Schedule to this Act shall be received by 7. That hereafter there shall be one Corn- the assistants and clerks to the said Filacers, mon Seal for the High Court of Chancery, | under such security, orders, and regulations and that the Lord Chancellor shall forthwith
as the Lord High Chancellor shall from time cause such Common Seal to be made, and that I to time by any general order or general orders the said Six Filacers and their assistants shall direct; and that the whole of the fees so to have the care and custody of the said seal ; be received by the said assistants and clerks and that all commissions, and all subpænas, respectively which are specified in the first attachments, and other writs, which shall be column of the said last-mentioned schedule shall sued for or issued in any cause or matter de- be accounted for and paid by them and each pending in the High Court of Chancery or l of them once in every month into the Bank of before any of the Judges thereof, shall be Bocland, in the nam
Bngland, in the name of the Accountant Gesealed with the said Common Seal, and no
neral of the said Court, to an account to be other, and the same when so sealed shall have entitled « The Chancery Filacers Account,” the same force, effect, and validity as the com
and that the amount of such fees shall on every Inissions and subpænas and other writs which
payment be verified by the oath of the achave hitherto issued under the Great Seal of counting party, and that such payment into the Great Britain.
Bank shall be certified by the said Accountant Writs.
General to the Lord Chancellor, or as the
Lord Chancellor shall by any general order 8. That the Lord Chancellor, together with direct: and that the senior Filacers shall the Master of the Rolls and Vice Chancellor,
each receive a salary of
per annum, or with one of them, shall settle the form of
and that the
Filacers shall each the commissions and writs hereafter to be
receive a salary of pounds per annum, issued in the High Court of Chancery.
and that the , Filacers shall each re· Taxing Costs.
ceive a salary of
pounds per annum, 9. That no costs which have been heretofore shall each receive a salary of
pounds taxed by the Masters in Ordinary of the said per annum, and that the
Assistant Court, other than the costs of approving and Filacers shall each receive a salary of appointing and passing the accounts of re-pounds per annum, and that the Assis ceivers, managers, consignees, and commit- tant Filacers shall each receive a salary of tecs, shall be taxed by the said Masters in pounds per annum, and that each of the Ordinary; but that all such costs, other than Clerks to the said Filacers shall receive as aforesaid, shall be taxed by the said Filacers a salary of
pounds per annum, and and their assistants, or some or one of them, that all such salaries shall be paid half-yearly in such manner as the Lord Chancellor shall out of the monies standing to the said last
New Bills in Parliament : Chancery Offices abolishing.
mentioned account, and be paid by the afore- l,ditional clerk or additional clerks to the said said Accountant General as the Lord Chancel. Filacers shall be appointed, but so that the for shall direct by any order to be made by him number of the clerks to the said Filacers shall for that purpose ; and that the said Filacers never exceed six, and that such additional and their assistants shall, over and above their clerks shall receive the same yearly salary and aforesaid salaries, retain or receive for their payable in like manner as the clerks hereby own use respectively, in such manner as the appointed. Lord Chancellor shall direct, the fees specified 16. That such additional clerks shall be in the second column of the said last mentioned appointed by the Master of the Rolls for the schedule.
time being, in like manner as the other clerks Filucers Appointed.
of the said Filacers. - 13. That
17. Provided, that when any of the officers
of the said Court, or of the said clerks in the being the Sworn Clerks who on the aver
said offices respectively, other than writing or age of the last years have filed the great
copying clerks, shall die or shall resign their est number of bills in the said Court, shall be
respective offices, the executors or administrasuch
Eilacers, and that on the deathtors of the officer or clerk so dying or resignresignation, or removal of any of the said in
said ing such office shall be entitled to such propor
s Filacers, other than the junior Filacer, the
tional part of the salaries and emoluments of Facancy thereby occasioned shall be filled up
such office as shall have accrued during the by the Filacer next in seniority to whom no
time that such officer or clerk só dying or sufficient objection to the satisfaction of the
resigning shall have executed such office as Lord Chancellor shall be made ; and that on
aforesaid. the death, resignation, promotion, or removal,
No Gratuities. of the junior Filacer, the vacancy thereby occasioned shall be filled up by the senior Assis. 18. That if any person holding any office, tant Filacer, to whom no sufficient objection situation, or employment, in the said Filacers to the satisfaction of the Lord Chancellor shall | Office shall, for any thing done or pretended be made.
to be done relating to his office, situation, or
employment, or under colour of doing any Assistant Filacers.
thing relating to his office, situation, or em14. That
ployment, wilfully take, demand, receive, or
accept, or appoint, or allow any person whatbeing the Sworn Clerks, who, after those last
Clerks, who, after those last soever to take for him or on his account, or mentioned, have filed the greatest number of for or on account of any person by him named. bills in the said Court on the average of the or in trust for him or for any other person by last years, shall be the Assistant him named any fee gift oratuitv
sistant him named, any fee, gift, gratuity, or emoluFilacers of the said Court; and that on the
ment, or any thing of value, other than what death, resignation, promotion, or removal, of is allowed or directed to be taken by him as any of the said Assistant Filacers, other than the
aforesaid, the person so offending, when duly junior Assistant Filacer, the vacancy thereby convicted, shall forfeit and pay the sum of five occasioned shall be filled up by the Assistant hundred pounds, and shall be removed from Filacer next in seniority to whom no sufficient
cient any office, situation, or employment he may objection to the satisfaction of the Lord Chan-hold in the said Court, and shall be rendered cellor shall be made ; and that on all vacancies and is hereby rendered incapable for ever of the office of junior Assistant Filacer, the thereafter of holding any
at Fiacer, the thereafter of holding any office, situation, or Master of the Rolls for the time being shall employment, in the said Court, or otherwise appoint some person who shall have been called
a serving his Majesty, his heirs, or successors. to the Bar, or has been admitted and entered
19. That any such offender may be proseon the roll of solicitors of the said Court, and
cuted either by information at the suit of his who shall be approved by the Lord Chancellor,
Majesty's Attorney General, or by criminal to be such junior Assistant Pilacer.
| information before his Majesty's Court of
| King's Bench, or by indictment, Clerks to Filacers. 15. That
Offices and Expenses. : i being Sworn Clerks, or Waiting Clerks, or persons employed as agents or clerks in the 20. That it shall be lawful for the Lord Six Clerks Office, shall be clerks to the said Chancellor to give such directions as he shall Filacers; and that on all future vacancies in deem necessary for altering and fitting up the the office of Clerk to the said Filacers, the several buildings in which the business of the Master of the Rolls for the time being shall aforesaid offices respectively is to be carried appoint some proper person to be such clerk; on. and in case it shall hereafter appear to the sa- 21. And reciting that by an act passed in tisfaction of the Lord Chancellor that the the fifteenth year of the reign of his late Maclerks of the Filacers cannot perform the duties jesty King George the Third, intituled “ An hereby imposed upon them with such dispatch Act for applying the Funds provided for reas the suitors of the said Court may reasonably building the Offices of the Six Clerks of the require, it shall be lawful for the Lord Chan King's Court of Chancery by an Act made in cellor from time to time to direct that an ad. the Fourteenth Year of the Reign of his then
New Bills in Parliament : Chancery Offices abolishing. present Majesty, intituled An Act for re- better preserving the Records, Decrees, Or. building the Office of the Six Clerks of the ders, and Books of Account kept in such OffiKing's Court of Chancery, and for erecting ces," it was enacted, that the ground and Offices for the Registrar and Accountant Gene- houses to be purchased for the purpose of reral of the said Court, for the better preserving building the said Six Clerks Offices should be the Records, Decrees, Orders, and Books of conveyed to and vested in the said Six Clerks, Account kept in such Offices' in building to hold to them and their successors for ever, Offices for the said Six Clerks in the Garden of in trust for the purposes in the said recited act Lincoln's Inn, instead of rebuilding the pre- mentioned : And whereas a portion of the sent Six Clerks Office in Chancery Lane, and ground belonging to the society of Lincoln's for other Purposes,” the ground on which the Inn was purchased in pursuance of the said former Six Clerks Office then stood, and the recited act; and by an act passed in the fifbuildings thereon erected, were directed to be teenth year of the reign of his late Majesty sold, and it was directed that the monies to King George the Third the said parcel of arise by such sale should be paid into the bank ground so purchased was vested in the said in the name and with the privity of the Ac- Six Clerks, to hold to them and their succes. countant General of the said Court, and placed sors for ever, to the intent to erect thereon an to the account of money arising by sale of office for the Six Clerks and an Enrolment Six Clerks Office, and then placed out on go- Office: And whereas the said offices have since vernment or parliamentary securities, to the been built upon the said parcel of ground so intent that the interest and annual produce purchased; be it enacted, that the said parcel thereof inight be paid to the Six Clerks of the of ground, and the erections, offices, and said Court and their successors in manner buildings thereon erected and built, shall heretherein mentioned: And that the said sale after be and the same are hereby vested in the took place accordingly, and the monies arising said Six Filacers, to hold to them and their therefrom have been invested as directed by successors for ever, such offices respectively to the said act, and there is now standing in the be used and employed by the said Filacers and name of the said Accountant General the sum their assistants and clerks, and the Clerks of of one thousand five hundred and seventeen the Enrolments of the said Court, and their pounds nine shillings and five-pence three per clerks, for exercising their respective duties, cent. consolidated bank annuities, to the ac- and by such other officers or in such other count of inoney arising by sale of the Six manner as the Lord Chancellor, by virtue of Clerks Office; be it enacted, that the said sum the powers conferred upon him by this act, of one thousand five hundred and seventeen shall direct: Provided always, that the remepounds nine shillings and five-pence shall be dies given by the said last recited açt for the sold by the said Accountant General under an recovery of the land tax assessed upon the said order to be made by the Lord Chancellor for buildings or offices shall remain and continue that purpose, and that the proceeds of such in full force; and when any officer or officers sale, together with the interest and dividends belonging to the said offices shall neglect or which shall have accrued on the said sum of refuse to pay the sum or sums of money asone thousand five hundred and seventeen sessed for such land tax upon them or any of pounds nine shillings and five-pence three per them, such land tax shall be recovered against cent. consolidated bank annuities subsequently the officers who by virtue of this act shall beto the time when this act shall come into ope- long to the said offices, and upon whom such ration, shall be applied, under the orders of land tax shall have been assessed, in the same the Lord Chancellor, towards payment of the manner as the same might have been recovered expenses of altering and fitting up the said by virtue of the said last recited act against the buildings: and that it shall be lawful for the officers who before the passing of this act beLord Chancellor to order and direct that a longed to the said offices respectively.. sufficient sum out of the common and general 23. That it shall be lawful for the Lord cash belonging to the Suitors of the said Chancellor, by virtue of any order or orders of Court, lying dead and unemployed, not ex- the said Court to be made for that purpose, to ceeding the sum of pounds, be applied, order and direct an annual account to be taken, and the same shall be applied accordingly, and to order payınent, out of the funds hereinunder the order and direction of the Lord after mentioned, of all such sums as shall apChancellor, in 'defraying so much of the ex- pear to the Lord Chancellor to be reasonable pense of altering and fitting ap the said build- and proper to be paid to any of the said offiings for the purposes aforesaid as the proceeds cers in the Filacers Office, in order to reimof the said sum of one thousand five hundred | burse them for any expenses reasonably and and seventeen pounds nine shillings and five necessarily expended by them from and after pence three per cent. consolidated bank annui- the day on which this act shall come into opeties shall not be sufficient to pay.
ration until the fifth day of April then next 22. And reciting that by an act passed in following, and after that time, between the the fourteenth year of the reign of his late sixth day of April in every year and the fifth Majesty King George the Third, intituled, day of April in the following year, both inclu“ An Act for rebuilding the Offices for the Six | sive, either in paying for books or stationery Clerks of the King's Court of Chancery, and provided or supplied for carrying on the busifor erecting Offices for the Register and Ac.ness of the said respective offices, or in procountant General of the said Court, for the viding coals and candles and other necessary