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 only, 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 reaought. This case falls within Gibbons v. sonableness, and the authority of the Society, Hooper, 2 B. & Ad. 734; Kirlew v. Butts, 2 B. would be received and acted on by the profes& Ad. 736, n.; and Moore v. Ramsden, 3 B. & sion at large. Ad. 917. The rule drawn up was, that no further proceedings be taken on the writ of sequestration, and that the plaintiff do account before the Master for what he has received under the sequestration, he being allowed to retain the arrears that have become due on the annuity; and that until the account shall have been taken by the Master, no further proceedings be had against the defendant on the warrant of attorney, the plaintiff being at liberty hereafter to issue a fresh writ of sequestration for any future arrears of the annuity which may become due. Britten v. Wait, 3 B. & Ad. 915. The case in equity was as follows: The Rev. Edward Watkin being seised in fee of the advowson of the rectory of Cooknoe in Northamptonshire, and having granted an annuity to the plaintiff, conveyed the advowson to a trustee for the plaintiff, upon certain trusts for securing the annuity; and as a further security, he executed to the plaintiff a warrant of attorney to confess a judgment against him for 800%. The plaintiff caused judgment to be entered up on the warrant of attorney, and afterwards took out execution thereon; and the plaintiff obtained a sequestration from the Bishop of Peterborough, under which the rents, tithes, and profits of the rectory were sequestered. The question was, whether the warrant of attorney was valid. The Vice Chancellor.-There is a distinction between a security which absorbs all the ecclesiastical profits of a benefice, and a warrant of attorney which produces a sequestration, and which does of necessity provide for the serving of the cure. If the legislature had meant to prevent a clergyman from giving a warrant of attorney, they would have said so; but they have cautiously avoided using any words to that effect. Aberdeen v. Newland, 4 Sim. 281. A warrant of attorney, therefore, although it be given by a beneficed clergyman to secure an annuity, will be good, both at law and in equi ty. USAGES OF THE PROFESSION. PREPARING LEASES. To the Editor of the Legal Observer. THE Incorporated Law Society would indeed confer a great benefit on the profession if, after a judicious consideration of the various points involved in the general heading of Nothing is more disagreeable, and I may say discreditable, than to have to discuss in each particular case, as it arises, questions of a personal or pecuniary nature,-such as the right to the preparation of a deed, the appointment of a place for the completion of a business, and other similar matters; nor is it of individual moment, since, in turn, most men. are placed in the situation both of receiving and giving way. The chief object to be desired is to settle the practice upon principle, where the question involves a principle; and where there is no principle, to ascertain and determine upon the general balance of convenience to the profession at large. In your last number, under the head of Preparing Leases, you state that "the solicitor for the landlord is entitled to prepare the lease and counterpart." There is certainly no rule but as it is founded upon a principle, it would which has more universally obtained than this; have been as well to have stated the principle, which is, I believe, that the landlord's solicitor, being acquainted with his client's title, is, of course, better able to frame the covenants in their proper form and to insert the requisite provisions, than the solicitor for the lessee. am not quite prepared to acquiesce in your concluding remark, that "where there is no agreement to the contrary, the whole expense have said, that in this case, upon principle, the must be defrayed by the tenant." I should costs of the lease should be borne by the lessee, being for his benefit; and of the counterpart, by the lessor, being for his benefit; or between them. This question stands on somethat the entire expense should be borne equally it rested ten or a dozen years ago: then many what different grounds now, to those on which persons were to be found anxious to take leases, happy to find a tenant on almost any terms; especially building leases; now a landlord is but after all, this question is of minor importance in the view in which I am looking at it, seeing that it belongs to the client, rather to be included under the head of Professional than to the profession, and is therefore scarcely Usages. the general rule as respects the preparation of There is, however, a question arising out of leases, of considerable importance to the profession, which is, I think, distinguishable from the general rule in many respects: the case occurred in my own office. A. verbally agreed to sell to B. a leasehold house, held for a term of eighty years, for 2,500l., subject to a ground. rent of 50%. per annum: nothing was said as to the preparation of the requisite purchase deed, but on enquiry subsequently, it turned out that the house being held with other houses, the form of the purchase deed must be by way of underlease. The solicitor of the vendor claimed to prepare the lease, on the authority of the New Bills in Parliament: Chancery Offices abolishing. 229 3. That the said Filacers and their successors, together with the three Clerks of the Petty Bag of the High Court of Chancery, and their successors, shall be and they are hereby constituted the Clerks of the Enrolments of the High Court of Chancery, and that the said Filacers and the three Clerks of the Petty Bag, and their successors, shall have all such and the same powers, and shall perform all such and the same duties as have heretofore been lawfully exercised and performed by the Clerks of the Enrolment of the High Court of Chancery; and that the said Filacers and their successors shall be and they are hereby constituted the Comptrollers and Supervisors of his Majesty's Hanaper in Chancery, and that the said Filacers and their successors shall have all such powers, and shall perform all such and the same duties as have hitherto been lawfully exercised and performed by the Comptroller or Supervisor of his Majesty's Hanaper in Chancery; and that the said Filacers shall continue to receive the same fees as have hitherto been paid to the Six Clerks of the said Court in respect of the said respective offices, and that the whole of such fees shall rule relative to leases, which you have given; and I, as the purchaser's solicitor, claimed to prepare the deed, on the authority of the equally well-known rule relating to purchases. The question was referred to a respectable solicitor in Lincoln's Inn, and the matter was argued before him: he decided that the purchase money was in the nature of a premium for the reduction of the rent, and treated the fact that it was a bona fide purchase as of no avail. I submitted to the decision, but I was not satisfied with it. Another case, under exactly similar circumstances, except that I was there concerned for the lessor, shortly after arose, and was referred to another solicitor, of equal respectability and standing, who decided differently: thus, by the conflicting decisions of the referees, I lost the preparation of the deed in both cases, and my time and temper into the bargain. To this question I invite the attention of your readers, and the Law Society. It is, perhaps, not of much importance which way the question is decided, so that the practice be settled; and the authority of the Incorporated Law Society may be usefully employed in bringing about the settlement of this and other similar Professional | be paid by such Filacers respectively once in Usages. I am, Sir, NEW BILLS IN PARLIAMENT. every year into the Bank of England, in the. name of the Accountant General of the said Court, to be placed to the account Filing Pleadings, &c. 4. That there shall be an office to be called "The Filacers Office in Chancery," and that all bills, answers, pleas, demurrers, replications, and rejoinders, or such of the said pleadings as shall be continued, and all petitions of appeal, and other petitions, and all other pleadings in every suit or matter pending in the said Court 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 " A BILL, INTITULED AN ACT FOR ABOLISHING CLERKS, AND WAITING CLERKS OF THE DUTIES OF THOSE OFFICES." Six Clerks, Sworn and Waiting Clerks. RECITING that the duties of the office of Six Clerks, Sworn Clerks, and Waiting Clerks of the High Court of Chancery may be more conveniently performed by the means hereinafter provided, and considerable expense may be thereby saved to the suitors of the said Court: Be it enacted, that the offices of the Six Clerks of the High Court of Chancery, and the offices of the Sworn Clerks and Waiting Clerks of the said Court, shall be and the same are hereby abolished. Filacers. 2. That there shall be officers to be called "The Filacers of the High Court of Chancery," and that there shall be assistants and clerks to the said Filacers, and that such Filacers and assistants and clerks shall personally do and perform all the business and duties hereinafter directed to be performed by them, in such manner as the Lord Chancellor shall from time to time direct. such as have been heretofore filed or registered Sireuring Answers, &c. 5. That the said Filacers shall be and they are hereby authorized to administer the oaths and take the affirmations and attestations of honour which may be required by the practice of the said Court to all answers, pleas, affidavits, examinations, and other proceedings 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 any of the offices belonging thereto, other than the Examiner's Office, and to administer oaths to parties and witnesses to be examined before any of the Masters in Ordinary of the said Court, and that the said Masters in Ordinary shall no longer administer oaths or take affirmations or attestations of honor. Musters Extra. And it is hereby declared, that it is and shall and may be lawful for the Lord Chancellor to appoint Masters Extraordinary of the said High Court of Chancery, to administer oaths, and take affirmations and attestations of honour, and to perform all other duties which have hitherto been performed by Masters Extraordinary in the country, or such of those duties as the Lord Chancellor shall direct, within or at any distance from the cities of London and Westminster that he shall think proper, any usage or custom that hath heretofore prevailed to the contrary notwithstanding. 6. That the Lord Chancellor shall, by a general order or orders to be issued by him, specify and point out the circuit or district within which the authority of the said Masters Extraordinary to administer such oaths and perform such duties shall not extend. Common Seal. 7. That hereafter there shall be one Common Seal for the High Court of Chancery, and that the Lord Chancellor shall forthwith cause such Common Seal to be made, and that the said Six Filacers and their assistants shall have the care and custody of the said seal; and that all commissions, and all subpoenas, attachments, and other writs, which shall be sued for or issued in any cause or matter depending in the High Court of Chancery or before any of the Judges thereof, shall be sealed with the said Common Scal, and no other, and the same when so sealed shall have the same force, effect, and validity as the commissions and subpoenas and other writs which have hitherto issued under the Great Seal of Great Britain. Writs. 8. That the Lord Chancellor, together with the Master of the Rolls and Vice Chancellor, or with one of them, shall settle the form of the commissions and writs hereafter to be issued in the High Court of Chancery. Tuxing Costs. by a general order or orders to be issued by him for that purpose direct. Place of Business. Office shall be carried on in the buildings now occupied by the Six Clerks and Sworn Clerks and Waiting Clerks of the said Court, or such part thereof or in such other places as the Lord Chancellor shall direct. 10. That the business of the said Filacers Serving Notices. 11. That all notices, warrants, orders, and other matters which have heretofore been served on the Sworn Clerks of the said Court shall be served in such manner as the Lord Chancellor, together with the Master of the Rolls and Vice Chancellor, or one of them, shall direct by a general order or general orders to be issued for that purpose; and in case the Lord Chancellor shall direct that such notices, warrants, and orders, or any of them, shall be served in the Filacers Office, the said assistants or clerks of the said Filacers shall superintend the service and delivery thereof, under such regulations as shall be expressed in such general order or orders to be issued as aforesaid. Fees and Salaries. 12. That the several fees specified in the first Schedule to this Act shall be received by the assistants and clerks to the said Filacers, under such security, orders, and regulations as the Lord High Chancellor shall from time to time by any general order or general orders direct; and that the whole of the fees so to be received by the said assistants and clerks respectively which are specified in the first column of the said last-mentioned schedule shall be accounted for and paid by them and each of them once in every month into the Bank of England, in the name of the Accountant General of the said Court, to an account to be entitled "The Chancery Filacers Account," and that the amount of such fees shall on every payment be verified by the oath of the ac counting party, and that such payment into the Bank shall be certified by the said Accountant General to the Lord Chancellor, or as the direct; and that the Lord Chancellor shall by any general order each receive a salary of and that the receive a salary of senior Filacers shall per annum, Filacers shall each pounds per annum, Filacers shall each repounds per annum, senior Assistant Filacers pounds Assistant and that the Assis 9. That no costs which have been heretofore taxed by the Masters in Ordinary of the said Court, other than the costs of approving and appointing and passing the accounts of receivers, managers, consignees, and commit-tant Filacers shall each receive a salary of tecs, shall be taxed by the said Masters in Ordinary; but that all such costs, other than as aforesaid, shall be taxed by the said Filacers and their assistants, or some or one of them, in such manner as the Lord Chancellor shall pounds per annum, and that each of the Clerks to the said Filacers shall receive a salary of pounds per annum, and that all such salaries shall be paid half-yearly out of the monies standing to the said last New Bills in Parliament: Chancery Offices abolishing. 231 mentioned account, and be paid by the afore-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 in the second column of the said last mentioned schedule. 13. That such Filacers Appointed. being the 14. That last Assistant Filacers. 16. That such additional clerks shall be appointed by the Master of the Rolls for the time being, in like manner as the other clerks of the said Filacers. 17. Provided, that when any of the officers of the said Court, or of the said clerks in the said offices respectively, other than writing or copying clerks, shall die or shall resign their respective offices, the executors or administrators of the officer or clerk so dying or resigning such office shall be entitled to such propor tional part of the salaries and emoluments of time that such officer or clerk so dying or such office as shall have accrued during the resigning shall have executed such office as aforesaid. No Gratuities. 18. That if any person holding any office, situation, or employment, in the said Filacers Office shall, for any thing done or pretended to be done relating to his office, situation, or employment, or under colour of doing any thing relating to his office, situation, or employment, wilfully take, demand, receive, or accept, or appoint, or allow any person whatbeing the Sworn 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 years, shall be the Assistant Filacers of the said Court; and that on the ment, or any thing of value, other than what him named, any fee, gift, gratuity, or emoludeath, 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 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 of the office of junior Assistant Filacer, the Master of the Rolls for the time being shall appoint some person who shall have been called to the Bar, or has been admitted and entered on the roll of solicitors of the said Court, and who shall be approved by the Lord Chancellor, to be such junior Assistant Pilacer. Clerks to Filacers. 15. That being Sworn Clerks, or Waiting Clerks, or persons employed as agents or clerks in the Six Clerks Office, shall be clerks to the said Filacers; and that on all future vacancies in the office of Clerk to the said Filacers, the Master of the Rolls for the time being shall appoint some proper person to be such clerk; and in case it shall hereafter appear to the satisfaction of the Lord Chancellor that the clerks of the Filacers cannot perform the duties hereby imposed upon them with such dispatch as the suitors of the said Court may reasonably require, it shall be lawful for the Lord Chancellor from time to time to direct that an ad and is hereby rendered incapable for ever thereafter of holding any office, situation, or employment, in the said Court, or otherwise serving his Majesty, his heirs, or successors. 19. That any such offender may be prosecuted either by information at the suit of his Majesty's Attorney General, or by criminal information before his Majesty's Court of King's Bench, or by indictment. Offices and Expenses, 20. That it shall be lawful for the Lord Chancellor to give such directions as he shall deem necessary for altering and fitting up the several buildings in which the business of the aforesaid offices respectively is to be carried on. "An 21. And reciting that by an act passed in the fifteenth year of the reign of his late Majesty King George the Third, intituled Act for applying the Funds provided for rebuilding the Offices of the Six Clerks of the King's Court of Chancery by an Act made in the Fourteenth Year of the Reign of his then 232 New Bills in Parliament: Chancery Offices abolishing. present Majesty, intituled An Act for rebuilding the Office of the Six Clerks of the King's Court of Chancery, and for erecting Offices for the Registrar and Accountant General of the said Court, for the better preserving the Records, Decrees, Orders, and Books of Account kept in such Offices' in building Offices for the said Six Clerks in the Garden of Lincoln's Inn, instead of rebuilding the present Six Clerks Office in Chancery Lane, and for other Purposes," the ground on which the former Six Clerks Office then stood, and the buildings thereon erected, were directed to be sold, and it was directed that the monies to arise by such sale should be paid into the bank in the name and with the privity of the Ac-Six Clerks, to hold to them and their succescountant 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 might 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 money 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 act 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 the Lord Chancellor, towards payment of the expenses of altering and fitting up the said buildings; and that it shall be lawful for the Lord Chancellor to order and direct that a 23. That it shall be lawful for the Lord sufficient sum out of the common and general 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 payment, 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 up the said buildings for the purposes aforesaid as the proceeds of the said sum of one thousand five hundred and seventeen pounds nine shillings and fivepence three per cent. consolidated bank annuities shall not be sufficient to pay. better preserving the Records, Decrees, Orders, and Books of Account kept in such Offices," it was enacted, that the ground and houses to be purchased for the purpose of rebuilding the said Six Clerks Offices should be conveyed to and vested in the said Six Clerks, to hold to them and their successors for ever, in trust for the purposes in the said recited act mentioned: And whereas a portion of the ground belonging to the society of Lincoln's Inn was purchased in pursuance of the said recited act; and by an act passed in the fifteenth year of the reign of his late Majesty King George the Third the said parcel of ground so purchased was vested in the said land tax shall have been assessed, in the same manner as the same might have been recovered by virtue of the said last recited act against the officers who before the passing of this act belonged to the said offices respectively. and proper to be paid to any of the said officers in the Filacers Office, in order to reimburse them for any expenses reasonably and necessarily expended by them from and after the day on which this act shall come into operation 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 |