THE REPORT OF THE HOUSE OF, these cases." p. 5. The Committee justify this opinion, by stating that the salaries recommended are less than the fees hitherto taken; and they further advise that no retiring allowances ought to be granted to any persons hereafter appointed to any of the offices for which such salaries are proposed: and they recommend it to the attention of the House, whether provision should not be made for altering or repealing such statutes as are now in force for giving retiring allowances to such officers, due regard being had to existing interests. They further say, that in recommending salaries to be given to ten Masters in Chancery, they by no means intend to give an opinion that the number of ten Masters is absolutely necessary for the business of the Court of Chancery; and on the contrary, they think it a subject deserving of serious consideration, whether hereafter a less number than ten Masters may not be sufficient for the adequate discharge of the business." THIS Report is presented by the Select Committee to whom the Chancery Regulation Bill was referred. That bill, as our readers are aware, is now the law of the land, and we have already given a full account of it (ante, p. 401), and shall have occasion to go more minutely into its provisions in the Third Part of our "Commentaries on the Statutes effecting Alterations in the Law." The bill, however, having actually passed, the reasons which urged the Committee to recommend it have, to a certain extent, ceased to be interesting. We shall pass over, therefore, the portion of the Report which relates to the Report Office and Registrar's Office, and the Master's Offices, as the act on these subjects has superseded the recommendations of the legislators; but we may quote as important, as well on p. 6. future as on past alterations, the following The Report then mentions that " a very opinion of the Committee on an interest-beneficial alteration is contemplated in the ing question:-" In recommending yearly salaries to be given to the said several officers, your Committee have not omitted to consider the very difficult question, whether payment by salary, or payment by fees, conduces most to the efficient discharge of public duties; but on the whole, they are of opinion that the experiment of payment by salary ought to be made in a Report from the Select Committee on Chancery Officers, with the Minutes of Evidence. Ordered by the House of Commons to be printed, 17th August, 1833. NO. CLXIX, practice of the Court of Chancery, by the abolition of certain orders, called Orders of Course;" but consider it doubtful whether the present Secretaries of the Master of the Rolls are entitled to compensation for any loss they may sustain from the change; but end by recommending this latter subject to the Treasury. It will be seen, therefore, that the Report does not contain much novelty. The evidence is, however, more worthy of attention, coming as it does from that class of persons from whom we have hitherto had so little information-the Officers of the 2 I 482 Report of the Common Law Commissioners on the Chancery Officers. Court of Chancery-the reduction of whose emoluments we have always contended for, and in which we shall still persist. We shall beg therefore to extract some portion of these " Minutes," and to endeavour to see whether the opinions of these very respectable persons on this subject, differ from those of the public. the suggestion of the Committee as to a reduction in the number of Masters. We do not grudge one farthing of the salary, but we think a little more should be done for it. The Masters' Clerks, two of whom were examined, Mr. Elderton and Mr. Lammin, appear to us to prove satisfactorily that very little further reform is necessary as far as they are concerned. Their duties are arduous and heavy; and although we approve of the alterations made by the act, we do not see that any others are needed. Altogether, as it at present stands, and with the exception we have noticed, we look forward with Master's Office, and have little doubt of their beneficial results to the public. Gratuities are abolished; the charge for copies is reduced to the lowest possible sum; suitors will no longer be obliged to take any more of a document than they want; further duties are allotted to the Masters; and the whole system of their offices is placed on a sound and intelligible footing. We shall first take the liberty of quoting the opinion of Master Farrer, as to his labours, and his remuneration for them; and in doing so, we are happy to say that, in our opinion, a more respectable or competent person could not have been selected. "What have been the usual hours of attendance of the Master in his office? At the pre-confidence to the future proceedings of the sent time (August) I should say from ten to half-past ten till half-past three or four. I sometimes attend in my office at an earlier hour, and frequently am detained later than four o'clock. I can speak more to my own habits than those of other gentlemen. I generally go down at ten or a little after, or it may be half-past ten, according to the business coming on, or the papers I may have to look at before the business comes on. I should say, generally, from ten till about four.-Do you attend in the evening, or is it the practice for the Masters to attend in the evening? No; not unless there is any thing special, or you wish to finish any business in the evening. I have not had evening attendance.-Has the pressure of business been such as to render it necessary for the Master to take papers home and work at his own house, or has he been able to get through all required of him by his attendance to the extent stated? That de pends upon the time of the year. Occasionally I take papers home; I did so more upon my appointment than now; generally speaking, I get through the business at the office in the hours mentioned." p. 50. Next as to the remuneration for their duty. "Have you at all considered, supposing the system of payment by fees should be abolished and a salary given, as to what would be the proper salary to be given to Masters hereafter, without reference to the persons now in office, so as to insure to the public the abilities of a competent person having attained some eminence in his profession? I have certainly thought of the subject; I should say, for future Masters, it should not be less than 3000l. a year; and I think 30007, a year would secure to the public the description of officer required by the question. I do not think less would command it." Now we are far from quoting the latter opinion with any intention of disputing its correctness.b We would only say that the whole evidence of Master Farrer bears out b The salary given by the act is 25001. 3 & 4 W. 4, c. 91. § 39. The evidence of Mr. Raynsford, the last Master of the Report Office, “ultimus Romanorum," is almost entirely confined to his own right to all the advantages and privileges of his office, including compensation; to which, however, we think he makes out a reasonable claim. The evidence of Mr. Bedwell, the Deputy Registrar, is perhaps the most important of the whole, although it appears to us tinged by a strong feeling for the office as it is. Take, for example, the following opinion as to recitals in decrees, now, we are happy to say, abolished by sec. 10 of the late act. "The bill provides that hereafter there shall be no recitals introduced into any decree; will that greatly affect the emoluments of your office? Very greatly indeed.—Supposing you are properly indemnified, is there any objection to omitting the recitals? It is not the first time that it has been considered; Lord Eldon was against it; it was proposed in the Chancery Commission, but it was overruled; it is a very ancient custom; and it happens almost every day, when I have occasion to refer to the entries, either for the Chancellor himself or for the Vice Chancellor, I see persons, and their solicitors looking over those books and reading the decrees to them.-Do you think that the decree will not be perspicuous without the recitals? You would not see upon what ground it was made; the recitals are to show the foundation upon which the Court acted, and the books are frequently sent for by the Court. I have often been very late at work searching those books, to furnish the Lord Chancellor with cases and precedents. If the bill and answer are preserved Changes in the Law made during the last Session of Parliament. the bill and answer." p. 36. Mr. Bedwell then describes the duties of his office, and certainly proves that he is over, rather than under worked- often, he says, giving nineteen hours out of the twenty-four. But admitting this, as the labours of a Registrar are, after all, little more than matters of routine, we think he over rates their value, when he states that a Registrar is entitled to 20007. a year at least, particularly as we are satisfied it would be better, except in mere common decrees and orders, that the Judge and Counsel should settle the decrees in Court, and not throw too much on the Registrar; as all professional men who have seen this branch of practice, know the difficulties attending the present plan of hurrying over this most important part of a suit, and leaving it afterwards to be settled as it may chance, by the Registrar, or the Counsel, or the Solicitor, or by all of them. We confess we are inclined to throw more of this 483 heir or devisee of such debtor shall be heirs and devisees of the debtor, but also to in the proper office, and the decree is pre-ever, he was only able to effect a part of served in the proper office, will not you be his plan. By an act brought in by him, able to obtain any thing that you require, by 47 G. 3. c. 74, it was enacted, that when referring to the decree, and the bill and answer? Undoubtedly, because we take it from any person, being at the time a trader, shall die seised of any real estate which before the passing of the act would have been assets for the payment of specialty debts, the same shall be assets for all the just debts of the person, as well debts due on simple contract as on specialty, and the liable to all the same suits in equity by the fore the passing of this act to the specialty simple contract creditors, as they were becreditors. By the 11 G. 4. and 1 W. 4. c. 47, this act was repealed, but re-enacted by sec. 9, and extended not only to the the devisees of such first mentioned devisees,a in the following words :-" Where any person being, at the time of his death, a trader, within the true intent and meandie seised of or entitled to any estate or ining of the laws relating to bankrupts, shall terest in lands, tenements, or hereditaments, or other real estate, which he shall not by his last will have charged with or devised subject to or for the payment of his debts, of his debts due on any specialty in which and which would be assets for the payment the heirs were bound, the same shall be assets to be administered in Courts of Equity for the payment of all the just debts of such person, as well debts due on simple contract as on specialty; and that the heir or heirs at law, devisee or devisees of such debtor, and the devisee or devisees of such first mentioned devisee or devisees, shall be liable to all the same suits in equity, at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as they are liable to at the suit of creditors by specialty in which the heirs were bound: Provided always, that in the administration of assets by Courts of Equity, under and by virtue of this provision, all creditors by specialty, in which the heirs are bound, shall be paid the full amount of the debts due to them, before any of the creditors by simple contract or by specialty, in which the heirs are not bound, shall be paid any part of their demands." kind of labour on the Court. Mr. H. E. Bicknell and Mr. William Jones were also examined; but their evidence chiefly relates to parts of the practice of the Court now superseded by the recent act. CHANGES MADE IN THE LAW IN No. XII. THE ACT TO RENDER REAL ESTATE LIABLE TO THE PAYMENT OF SIMPLE CONTRACT DEBTS. 3 & 4 W. 4, c. 104. THE operation of most of the acts of which we have stated the effect in this series of articles, is deferred until a future period; but it is proper that our readers should know that the act which we have now to bring under their notice is at present in operation, having received the royal assent on the 29th of August last; from which day it became the law of the land. The endeavours of the late Sir Samuel Romilly to render all real estate subject to all kinds 467, it is said that the 47 G. 3. c. 74, was rea In a recent publication, reviewed antè, p. of debts, are probably well known, and, in enacted verbatim ; Shelford's Real Property some instances, we dare say, well remem- Acts, p. 249; but this, it will be seen, is inbered by our readers. In his lifetime, how-correct. These statutes, however, did not include copyholds, and applied merely to traders. 484 Amendment in the Uniformity of Process Act.-Abstracts of Recent Statutes. By the present statute, which was brought | above § 3, which writ of distringas, it is en in by Mr. J. Romilly, the son of Sir Samuel, the real estate, of whatever nature, of every person, whether a trader or not, will be liable to the payment of their simple contract debts; it being enacted, that when any person shall die seised of or entitled to any estate or interest in lands, tenements, or hereditaments, corporeal or incorporeal, or other real estate, whether freehold, customaryhold, or copyhold, which he shall not by his last will have charged with or devised subject to the payment of his debts, the same shall be assets to be administered in Courts of Equity for the payment of the just debts of such persons, as well debts due on simple contract as on specialty, and that the heir or heirs at law, customary heir or heirs, devisee or devisees, of such debtor, shall be liable to all the same suits in equity at the suit of any of the creditors of such debtor, whether creditors by simple contract or by specialty, as the heir or heirs at law, devisee or devisees, of any person or persons who died seised of freehold estates, was or were before the passing of this act liable in respect of such freehold estates, at the suit of creditors by specialty, in which the heirs were bound: Provided always, that in the administration of assets by Courts of Equity, under and by virtue of this act, all creditors by specialty, in which the heirs are bound, shall be paid the full amount of the debts due to them before any of the creditors by simple contract, or by specialty in which the heirs are not bound, shall be paid any part of their demands. AMENDMENT SUGGESTED IN THE To the Editor of the Legal Observer. Sir, As you are the decided advocate and friend of all useful reforms in our jurisprudence, permit me to bring under your notice the following case, which appears to me conclusive that the Legislature must have passed section 3 of the above act, 2 W. 4, c. 39, without due consideration, and which certainly calls for amendment; for you will observe the object of the statute is to give summary redress by making writs of summons returnable eight days after the service thereof, except such writs happen to be served " between the 10th day of August and the 24th day of October in any year" (see § 11). Now if a defendant cannot be served personally to compel an appearance, a distringas is to be obtained in the way directed by the acted, "shall be made returnable on some day in term, not being less than fifteen days after the teste thereof, and shall bear teste on the day of the issuing thereof, whether in term or in vacation." Now, sir, it happened in the case above alluded to, that it was not possible, with all expedition, to obtain a distringas until the 29th May last, fourteen days prior to the end of Trinity Term, and it therefore could not be made returnable until Michaelmas Term next; in the mean time I have reason to fear the defendant has wholly defeated the plaintiff's action by a fraudulent sale. Therefore I submit an amendment is called for, as above suggested. 18th October, 1823. AMBULATOR. ABSTRACTS OF RECENT STATUTES. SHERIFFS' REGULATION AND EXCHEQUER OFFICES. 3 & 4 W. 4. c. 99. Official Return of Fines. 22. After the 10th of October next, so much of the 22 & 23 C. 2, c. 22, as requires all fines, forfeitures, issues, amerciaments, forfeited recognizances, sum and sums of money paid in lieu and satisfaction of them or any of them, and all other forfeitures whatsoever, set, imposed, lost, or forfeited in his majesty's Courts of King's Bench, Common Pleas, or Exchequer, or by or before any Judge or Judges of assize, clerk of the market, or commissioners of sewers, throughout the kingdom of Eng land, to be certified and entreated into the Court of Exchequer twice in every year yearly, at the times thereby appointed, and also such part of the aforesaid act of their late Majesties King William and Queen Mary as makes perpetual the aforesaid provisions contained in the said act passed in the twenty-second and twenty-third years of the reign of King Charles the Second, shall be and are hereby repealed. 23. The clerk of the parliament shall, within fourteen days next after every session of parliament, make out an account of all and every fines or fine which shall or may be set or imposed, and also of all recognizances ordered to be estreated, by the lords spiritual and temporal in parliament assembled during such preceding session of parliament, with the names and residences of the parties, and distinguishing such of the said fines as shall have been received, and transmit the same to the lord high treasurer or to the commissioners of his majesty's treasury, and also a duplicate thereof, to the said commissioners for auditing the public accounts, and also shall, within the time aforesaid, certify and estreat all such fines as shall not have been received by him in and into his majesty's Court of Exchequer. 24. All fines which shall be received by the said clerk of the parliament shall be paid by him to such person or persons, at such times, rect. Abstracts of Recent Statutes. 25. The clerk of the House of Commons shall, within fourteen days next after every session of parliament, make out an account of all recognizances certified by the speaker of the said house, or estreated by him into the Exchequer, with the names and residences of the parties, and transinit the same to the lord high treasurer, or to the commissioners of his majesty's treasury, and also a duplicate thereof to the said commissioners for auditing the public accounts. 485 and in such manner as the lord high trea- | issues, amerciaments, penalties, recognizances, surer, or any three of the commissioners of or deodands shall respectively be set, lost, imhis majesty's treasury, shall by warrant di- posed, forfeited, found, or accrue, be made out by the clerk of assize, clerk of the market, commissioners of sewers, and coroners, or other person or persons respectively to whom it doth appertain or belong to make estreat thereof, with the names and residences of the parties liable to make payment thereof respectively, and distinguishing such as shall have been paid or received; and two copies of such account when so made out shall be signed by the person or persons so required to make out the same, who shall, within the time last aforesaid, transmit one copy thereof to the commissioners of his majesty's treasury, and another copy thereof to the commissioners for auditing the public accounts; and the same fines, issues, amerciaments, penalties, recognizances, and deodands shall also within the time last aforesaid be duly certified and estreated by such officers and persons respectively in and into the said Court of Exchequer; and all sum and sums of money which shall have been received for or on account of any such fines, issues, amerciaments, penalties, forfeitures, recognizances, or deodands shall be paid over by the parties respectively receiving the same unto the sheriff or sheriffs of the county, city, or town wherein the same shall have been set, lost, imposed, forfeited, found, or accrued, to the intent that such sheriff or sheriffs may be charged therewith, and duly account for the same. 26. The king's coroner and attorney of his majesty's Court of King's Bench, and the prothonotaries of his majesty's Court of Common Pleas, and his majesty's remembrancer of the Court of Exchequer, and also the masters and prothonotaries of the office of pleas in the same Court, respectively, shall on the first day of every term make out an account of all fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited to or for the use of his majesty in the said courts respectively, and not before estreated, with the names and residences of the parties, and distinguishing such as shall have been paid, and transmit the same to the commissioners of his majesty's treasury, and also a duplicate thereof to the said commissioners for auditing the public accounts. 27. The said coroner and attorney of his majesty's court of King's Bench, the prothonotaries of the Court of Common Pleas, and the master and prothonotaries of the office of pleas, and king's remembrancer, respectively, shall on the first day of every terin, and at such other time or times as they shall respectively be ordered or required so to do by any order of the said Courts respectively, or by the order of any judge or baron thereof, certify and estreat all such fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited as aforesaid, and not received by them respectively, in and into the said Court of Exchequer. 28. All such fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited as aforesaid, which shall be received by any of the said officers of the said Courts of King's Bench, Common Pleas, or Exchequer, shall be paid by them respectively to such officer or officers, or to such person or persons entitled thereto, and at such times and in such manner as the lord high treasurer or the commissioners of his majesty's treasury shall by warrant under his or their hands direct. 29. An account in writing of all fines, issues, amerciaments, penalties, and recognizances set, lost, imposed, or forfeited to or for the use of his majesty by or before any judge or judges of assizes, clerk of the market, or commissioners of sewers, throughout the kingdom of England, and also all deodands found or forfeited to or for the use of his ma jesty throughout the same kingdom, shall, within fourteen days next after any such fines, 30. Provided, that in all cases where any fines, issues, recognizances, penalties, forfeítures, or deodands are required by any act or acts now in force to be estreated, upon oath, in or into the Court of Exchequer, such oath shall and may be sworn and taken before a judge of any of his majesty's superior courts of record at Westminster, or before any commissioners for taking affidavits in the same courts, or before any master extraordinary in the high Court of Chancery, or before any of his majesty's justices of the peace; and every such estreat shall be transmitted to and filed with his majesty's remembrancer of the said Court of Exchequer, and received and entered by him without fee or reward. 31. His majesty's remembrancer shall, on or before the first seal day next after every term, make out an account in writing of all fines, issues, amerciaments, penalties, forfeited recog aizances, and deodands, estreated during the preceding vacation and term, and also of all returns within the same period of sheriffs to process issued for the purpose of levying any estreated fines, issues, amerciaments, penalties, forfeited recognizances, and deodands, and shall, within the time last aforesaid, transmit and send one copy of such account to the commissioners of his majesty's treasury, and another copy thereof to the said commissioners for auditing the public accounts. 32. His majesty's said remembrancer shall, on the first seal day next after every term, and also at any other time or times when required by the Court of Exchequer, or by the fiat or |