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THE REPORT OF THE HOUSE OF, these cases.” p. 5. The Committee justify
COMMONS ON THE CHANCERY this opinion, by stating that the salaries reOFFICERS.a
commended are less than the fees hitherto taken; and they further advise that no re
tiring allowances ought to be granted to Tas Report is presented by the Select any persons hereafter appointed to any of Committee to whom the Chancery Regulation the offices for which such salaries are proBill was referred. That bill, as our readers | posed: and they recommend it to the atare aware, is now the law of the land, and tention of the House, whether provision we have already given a full account of it should not be made for altering or repealing (ante, p. 401), and shall have occasion to such statutes as are now in force for giving go more minutely into its provisions in the retiring allowances to such officers, due Third Part of our “ Commentaries on the regard being had to existing interests. Statutes effecting Alterations in the Law.” They further say, “ that in recommending The bill, however, having actually passed, salaries to be given to ten Masters in Chanthe reasons which urged the Committee to cery, they by no means intend to give an recommend it have, to a certain extent, opinion that the number of ten Masters is ceased to be interesting. We shall pass absolutely necessary for the business of the over, therefore, the portion of the Report Court of Chancery; and on the contrary, which relates to the Report Office and Re- they think it a subject deserving of serious gistrar's Office, and the Master's Offices, as consideration, whether hereafter a less numthe act on these subjects has superseded the ber than ten Masters may not be sufficient recommendations of the legislators; but for the adequate discharge of the business." we may quote as important, as well on | p. 6. future as on past afterations, 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 practice of the Court of Chancery, by the salaries to be given to the said several abolition of certain orders, called Orders of officers, your Committee have not omitted Course;" but consider it doubtful whether to consider the very difficult question, whe-| the present Secretaries of the Master of the ther payment by salary, or payment by Rolls are entitled to compensation for any fees, conduces most to the efficient dis- loss they may sustain from the change; but charge of public duties; but on the whole, end by recommending this latter subject to they are of opinion that the experiment of the Treasury. payment by salary ought to be made in It will be seen, therefore, that the Report
does not contain much novelty. The evia Report from the Select Committee on
dence is, however, more worthy of attenChancery Officers, with the Minutes of Evi.
tion, coming as it does from that class of dence. Ordered by the House of Commons persons from whom we have hitherto had to be printed, 17th August, 1833.
so little information – the Officers of the NO, CLXIX,
482 Report of the Common Law Commissioners on the Chancery Officers. Court of Chancery--the reduction of whose the suggestion of the Committee as to a emoluments we have always contended for, reduction in the number of Masters. We and in which we shall still persist. We do not grudge one farthing of the sashall beg therefore to extract some portion lary, but we think a little more should be of these “ Minutes," and to endeavour to done for it. see whether the opinions of these very res- The Masters' Clerks, two of whom were pectable persons on this subject, differ from examined, Mr. Elderton and Mr. Lammin, those of the public.
| appear to us to prove satisfactorily that very We shall first take the liberty of quoting little further reform is necessary as far as the opinion of Master Farrer, as to his la- they are concerned. Their duties are ardubours, and his remuneration for them; and ous and heavy; and although we approve of in doing so, we are happy to say that, in the alterations made by the act, we do not our opinion, a more respectable or com- see that any others are needed. Altogether, petent person could not have been selected. as it at present stands, and with the excep
" What have been the usual hours of attend. tion we have noticed, we look forward with ance 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 Master's Office, and have little doubt of half-past ten till half-past three or four. Itheir beneficial results to the public. Grasometimes attend in my office at an earlier tuities are abolished: the charge for copies hour, and frequently am detained later than four o'clock. 'I can speak more to my own
is reduced to the lowest possible sum; habits than those of other gentlemen. I gene
e suitors will no longer be obliged to take any rally go down at ten or a little after, or it may |
more of a document than they want; furbe half-past ten, according to the business ther duties are allotted to the Masters; and coming on, or the papers I may have to look the whole system of their offices is placed at before the business comes on. I should say, on a sound and intelligible footing. generally, from ten till about four.-Do you! The evidence of Mr. Raynsford, the last attend in the evening, or is it the practice for Master of the Report Office, “ultimus Rothe Masters to attend in the evening: No; not unless there is any thing special, or you
manorum,” is almost entirely confined to his wish to finish any business in the evening. I own right to all the advantages and prihave not had evening attendance.-Has the vileges of his office, including compensa. pressure of business been such as to render it tion; to which, however, we think he necessary for the Master to take papers home makes out a reasonable claim. and work at his own house, or has he been
| The evidence of Mr. Bedwell, the Deputy able to get through all required of him by his attendance to the extent stated ? That de
Registrar, is perhaps the most important of pends upon the time of the year. Occasionally
Occasionalls the whole, although it appears to us tinged I take papers home: I did so more upon my by a strong feeling for the office as it is. appointment than now; generally speaking, | Take, for example, the following opinion as I get through the business at the office in the to recitals in decrees, now, we are happy to hours mentioned.” p. 50.
say, abolished by sec, 10 of the late act. Next as to the remuneration for their “ The bill provides that hereafter there shall
be no recitals introduced into any decree; will “ Have you at all considered, supposing the that greatly affect the emoluments of your system of payınent by fees should be abolished office? Very greatly indeed.-Supposing you and a salary given, as to what would be the are properly indemuified, is there any objecproper salary to be given to Masters hereafter, tion to omitting the recitals? It is not the without reference to the persons now in office, first time that it has been considered; Lord so as to insure to the public the abilities of a Eldon was against it; it was proposed in the competent person having attained some emi-Chancery Commission, but it was overruled; nence in his profession? I have certainly it is a very ancient custom; and it happens thought of the subject; I should say, for almost every day, when I have occasion to future Masters, it should not be less than refer to the entries, either for the Chancellor 30001. a year; and I think 30001. a year would himself or for the Vice Chancellor, I see persecure to the public the description of officer sons, and their solicitors looking over those required by the question. I do not think less books and reading the decrees to them.-Do would command it."
you think that the decree will not be perspi
cuous without the recitals? You would not Now we are far from quoting the latter
see upon what ground it was made ; the recitals opinion with any intention of disputing its
are to show the foundation upon which the correctness. We would only say that the Court acted, and the books are frequently whole evidence of Master Farrer bears out sent for by the Court. I have often been very
late at work searching those books, to furnish • The salary given by the act is 25001. the Lord Chancellor with cases and pre3 & 4 W. 4, c. 91. § 39.
cedents.-If the bill and answer are preserved
Changes in the Law made during the last Session of Parliament. 483 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? Undoubteilly, because we take it from
any person, being at the time a trader, shall the bill and answer. p. 36.
die seised of any real estate which before Mr. Bedwell then describes the duties of
the passing of the act would have been his office, and certainly proves that he is
assets for the payment of specialty debts, over, rather than under worked-often, he
the same shall be assets for all the just
debts of the person, as well debts due on says, giving nineteen hours out of the
simple contract as on specialty, and the twenty-four. But admitting this, as the labours of a Registrar are, after all, little
heir or devisee of such debtor shall be more than matters of routine, we think he
liable to all the same suits in equity by the over rates their value, when he states that a
simple contract creditors, as they were beRegistrar is entitled to 20001. a year at
fore the passing of this act to the specialty least, particularly as we are satisfied it
creditors. By the 11 G. 4. and i W. 4. c. would be better, except in mere common
47, this act was repealed, but re-enacted decrees and orders, that the Judge and
by sec. 9, and extended not only to the Counsel should settle the decrees in Court,
| heirs and devisees of the debtor, but also to and not throw too much on the Registrar;
the devisees of such first mentioned devi. as all professional men who have seen this
sees, in the following words :-" Where branch of practice, know the difficulties at
| any person being, at the time of his death,
a trader, within the true intent and meantending the present plan of hurrying over this most important part of a suit, and
ing of the laws relating to bankrupts, shall leaving it afterwards to be settled as it may
die seised of or entitled to any estate or inchance, by the Registrar, or the Counsel, or
terest in lands, tenements, or hereditaments, the Solicitor, or by all of them. We con
or other real estate, which he shall not by fess we are inclined to throw more of this
his last will have charged with or devised kind of labour on the Court.
subject to or for the payment of his debts, Mr. H. E. Bicknell and Mr. William
and which would be assets for the payment Jones were also examined; but their evi
"l of his debts due on any specialty in which dence chiefly relates to parts of the practice
the heirs were bound, the same shall be of the Court now superseded by the recent
assets to be administered in Courts of Equity
for the payment of all the just debts of such act.
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 CHANGES MADE IN THE LAW IN
mentioned devisee or devisees, shall be liable THE LAST SESSION OF PARLIA
to all the same suits in equity, at the suit of MENT, 1833.
any of the creditors of such debtor, whether No. XII.
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: THE ACT TO RENDER REAL ESTATE LIABLE Provided always, that in the administration
TO THE PAYMENT OP SIMPLE CONTRACT of assets by Courts of Equity, under and by DEBTS. 3 & 4 W. 4, c. 104.
virtue of this provision, all creditors by speThe operation of most of the acts of which cialty, in which the heirs are bound, shall be we have stated the effect in this series of paid the full amount of the debts due to articles, is deferred until a future period; them, before any of the creditors by simple but it is proper that our readers should contract or by specialty, in which the heirs know that the act which we have now to are not bound, shall be paid any part of bring under their notice is at present in their demands." operation, having received the royal assent.
These statutes, however, did not include
These statutes, hower on the 29th of August last: from which copyholds, and applied merely to traders. 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
'a In a recent publication, reviewed antè, p.
I kinas | 467, it is said that the 47 G. 3. c. 74, was reof 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.
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 enin by Mr. J. Romilly, the son of Sir Samuel, acted, “shall be made returnable on some the real estate, of whatever nature, of every
day in term, not being less than fifteen days person, whether a trader or not, will be
after the teste thereof, and shall bear teste on
the day of the issuing thereof, whether in terin liable to the payment of their simple con
or in vacation.” Now, sir, it happened in the tract debts; it being enacted, that when case above alluded to, that it was not possible, any person shall die seised of or entitled to with all expedition, to obtain a distringas until any estate or interest in lands, tenements, the 29th May last, fourteen days prior to the or hereditaments, corporeal or incorporeal, end of Trinity Term, and it therefore could or other real estate, whether freehold. cus- not be made returnable until Michaelmas Term tomaryhold, or copyhold, which he shall not
next; in the mean time I have reason to fear
the defendant has wholly defeated the plaintiff's by his last will have charged with or devised
action by a fraudulent sale. Therefore I subsubject to the payment of his debts, the mit an amendment is called for, as above same shall be assets to be administered in suggested. Courts of Equity for the payment of the 18th October, 1833. AMBULATOR. just debts of such persons, as well debts due on simple contract as on specialty, and that
ABSTRACTS OF RECENT STATUTES. 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
SHERIFFS' REGULATION AND EXCHEQUER
OFFICES. at the suit of any of the creditors of such debtor, whether creditors by simple con
3 & 4 W. 4. c. 99. tract or by specialty, as the heir or heirs at
[Concluded from p. 476.7 law, devisee or devisees, of any person or
Official Return of Fines. persons who died seised of freehold estates,
22. After the 10th of October next, so much was or were before the passing of this act |
of the 22 & 23 C. 2, c. 22, as requires all fines, liable in respect of such freehold estates, at | forfeitures, issues, amerciaments, forfeited re. the suit of creditors by specialty, in which cognizances, sum and sums of money paid in the heirs were bound: Provided always, lieu and satisfaction of them or any of thein, that in the administration of assets by Courts and all other forfeitures whatsoever, set, imof Equity, under and by virtue of this act. I posed, lost, or forfeited in his majesty's Courts all creditors by specialty, in which the heirs of King's Bench, Common Pleas, or Excheare bound, shall be paid the full amount of
quer, or by or before any Judge or Judges of the debts due to them before any of the of seivers, throughout the kingdom of Eng.
assize, clerk of the market, or commissioners creditors by simple contract, or by specialty | land, to be certified and entreated into the in which the heirs are not bound, shall be | Court of Exchequer twice in every year yearly, paid any part of their demands.
at the times thereby appointed, and also such part of the aforesaid act of their late Majesties King William and Queen Mary as makes per
petual the aforesaid provisions contained in AMENDMENT SUGGESTED IN THE
the said act passed in the twenty-second and
twenty-third years of the reign of King Charles UNIFORMITY OF PROCESS ACT.
the Second, shall be and are hereby repealed.
23. The clerk of the parliament shall, withTo the Editor of the Legal Observer.
in fourteen days next after every session of
parliament, make out an account of all and Sir,
every fines or fine which shall or may be set As you are the decided advocate and friend / or iinposed, and also of all recognizances orof all useful reforms in our jurisprudence, I dered to be estreated, by the lords spiritual permit me to bring under your notice the fol. I and temporal in parliament assembled during lowing case, which appears to me conclusive such preceding session of parliament, with the that the Legislature must have passed section 3 | names and residences of the parties, and disof the above act, 2 W. 4, c. 39, without due tinguishing such of the said fines as shall have consideration, and which certainly calls for I been received, and transmit the same to the amendment; for you will observe the object of lord high treasurer or to the commissioners the statute is to give summary redress by l of his majesty's treasury, and also a duplicate making writs of summons returnable eight thereof, to the said commissioners for auditing days after the service thereof, except such the public accounts, and also shall, within the writs happen to be served “between the 10th time aforesaid, certify and estreat all such day of August and the 24th day of October in fines as shall not have been received by himn any year" (see § 11).
in and into his majesty's Court of Exchequer. Now if a defendant cannot be served per- 24. All fines which shall be received by the sonally to compel an appearance, a distringas said clerk of the parliament shall be paid by is to be obtained in the way directed by the him to such person or persons, at such times,
Abstracts of Recen! Statutes.
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 rect.
by the clerk of assize, clerk of the market, com25. The clerk of the House of Commons missioners of sewers, and coroners, or other shall, within fourteen days next after every person or persons respectively to whom it doth session of parliament, make out an account of appertain or belong to make estrcat thereof, all recognizances certified by the speaker of with the names and residences of the parties the said house, or estreated by him into the liable to make payment thereof respectively, Exchequer, with the names and residences of and distinguishing such as shall have been paid the parties, and transinit the same to the lord or received; and two copies of such account high treasurer, or to the commissioners of when so made out shall be signed by the person his majesty's treasury, and also a duplicate or persons so required to make out the same, thereof to the said commissioners for auditing who shall, within the time last aforesaid, transthe public accounts.
mit one copy thereof to the commissioners of 26. The king's coroner and attorney of bis his majesty's treasury, and another copy majesty's Court of King's Bench, and the pro- thereof to the commissioners for auditing the thonotaries of his majesty's Court of Common public accounts; and the same fines, issues, Pleas, and his majesty's remembrancer of the amerciaments, penalties, recognizances, and Court of Exchequer, and also the masters and deodands shall also within the time last aforeprothonotaries of the office of pleas in the said be duly certified and estreated by such same Court, respectively, shall on the first day officers and persons respectively in and into of every term make out an account of all fines, the said Court of Exchequier ; and all eum and issues, amerciaments, penalties, and recogni- sums of money which shall have been received zances set, lost, imposed, or forfeited to or for for or on account of any such fines, issues, the use of his majesty in the said courts re- amerciaments, penalties, forfeitures, recognispectively, and not before estreated, with the zances, or deodands shall be paid over by the names and residences of the parties, and dis parties respectively receiving the same unto tinguishing such as shall have been paid, and the sheriff or sheriffs of the county, city, or transmit the same to the commissioners of his town wherein the same shall have been set, inajesty's treasury, and also a duplicate thereof lost, imposed, forfeited, found, or accrued, to to the said commissioners for auditing the the intent that such sheriff or sheriffs may be public accounts.
charged therewith, and duly account for the 27. The said coroner and attorney of his same. majesty's court of King's Bench, the protho- 30. Provided, that in all cases where any notaries of the Court of Common Pleas, and fines, issues, recognizances, penalties, forfei. the master and prothonotaries of the office of|tures, or deodands are required by any act or pleas, and king's remembrancer, respectively, acts now in force to be estreated, upon oath, in shall on the first day of every terin, and at such or into the Court of Exchequer, such oath other time or times as they shall respectively shall and may be sworn and taken before a be ordered or required so to do by any order judge of any of his majesty's superior courts of the said Courts respectively, or by the order of record at Westminster, or before any com. of any judge or baron thereof, certify and missioners for taking affidavits in the same estreat all such fines, issues, amerciaments, courts, or before any inaster extraordinary in penalties, and recognizances set, lost, imposed, the high Court of Chancery, or before any of or forfeited as aforesaid, and not received by his majesty's justices of the peace; and every them respectively, in and into the said Court of such estrcat shall be transmitted to and filed Exchequer.
with his majesty's remembrancer of the said 28. All such fines, issues, amerciaments, Court of Exchequer, and received and entered penalties, and recognizances set, lost, imposed, by him without fee or reward. or forfeited as aforesaid, which shall be received 31. His majesty's remembrancer shall, on or by any of the said officers of the said Courts of before the first seal day next after every term, King's Bench, Common Pleas, or Exchequer, make out an account in writing of all fines, shall be paid by them respectively to such issues, amerciaments, penalties, forfeited recog. officer or officers, or to such person or persons aizances, and deodands, estreated during the entitled thereto, and at such times and in such preceding vacation and term, and also of all manner as the lord high treasurer or the returns within the same period of sheriffs to commissioners of his majesty's treasury shall process issued for the purpose of levying any by warrant under his or their hands direct. estreated fines, issues, amerciaments, penal
29. An account in writing of all fines, issues, ties, forfeited recognizances, and deodands, amerciaments, penalties, and recognizances and shall, within the time last aforesaid, transset, lost, imposed, or forfeited to or for the use mit and send one copy of such account to the of his majesty by or before any judge or commissioners of his majesty's treasury, and judges of assizes, clerk of the market, or another copy thereof to the said commissioners commissioners of sewers, throughout the for auditing the public accounts. kingdom of England, and also all deodands 32. His majesty's said remembrancer shall, found or forfeited to or for the use of his ma- on the first seal day next after every term, and jesty throughout the same kingdom, shall, also at any other time or times when required within fourteen days next after any such fines, by the Court of Exchequer, or by the fiat or