« ZurückWeiter »
Reasons against the Local Courts Bill.-Chancery Regulation Bill. except for debts under 5l., has ceased, and namely, by sending issues under a Judge's those which were found useful in ancient order, in all ordinary cases of a limited times, on account of the difficulties of tra- amount, to be tried where the witnesses revelling and communication between remote side, before a Sheriff's Jury and a competent counties and the metropolis, have generally | Assessor; and the preliminary steps may fallen into disuse, as unnecessary or in- be conducted in London with less expense efficient.
| than in the country. 8. That in consequence of the rapidity and facility of communication, it is more
[To be continued.] convenient and expeditious to conduct legal proceedings, preparatory to trial, in the metropolis, than in different counties or
COURT OF CHANCERY REGULAdistricts.
TION BILL. · 9. That the great extent of professional business transacted in London, by a due division of labour. is more efficiently performed. A BILL INTITULED AN ACT FOR THE REGU
LATION OF THE PROCEEDINGS AND PRACthan it con be when distributed in detail
TICE IN CERTAIN OFFICES, AND THE SALAover the country, amongst practitioners,
RIES AND FEES OF CERTAIN OFFICERS OF each having to attend to a small portion of THE HIGH COURT OF CHANCERY IN ENGevery kind of business,
LAND." 10. That it is cheaper and more con (Concluded from vol. v, p. 509.) venient to try causes in the metropolis, and
OFFICE HOURS. even to bring witnesses 100 miles, than from different parts of a district by cross
39. That the several offices of the High Court roads, to the places where the local Judges
of Chancery shall be and continue open for
*| the dispatch of business during such hours in may from time to time hold their Courts.
the day, and that the officers and clerks be11. That the salaries of fifty Judges, Re-Llonging thereto respectively shall attend in such gistrars, Clerks, Criers, Ushers, and Mes-offices in the discharge of their several duties sengers, with Court Houses and Offices, and during such times, and for such number of all the travelling and other expenses inci-hours in each day, as the Lord Chancellor, todent to holding frequent Courts in different I gether with the Master of the Rolls and Vice parts of a district, will not be less than
thon Chancellor, or one of them, shall by any order 250,000l, a-year ;-an amount dispropor- time direct
| or orders to be issued by them from time to
and that the officers and clerks tioned to any advantage that can be ex-l in the said respective offices shall give their pected from the establishment of such personal attendance in their respective offices Courts, especially when the other objec- during the times they shall so as aforesaid be tions to the measure are considered.
directed to attend, unless otherwise engaged 12. That although the costs of a single
| in the business of their respective offices, or trial for a small debt in one of the Superior prevented by sickness or other unavoidable
cause. Courts are considerable, yet the object of
GENERAL ORDERS. nearly nineteen out of every twenty actions
40. That it shall and may be lawful for the is aecomplished without trial; and in es- |
| Lord Chancellor, with the advice of the timating the comparative expense of the Master of the Rolls and Vice Chancellor, or Superior and Inferior Courts, the aggregate one of them, and he is hereby required, forthof all the actions, and the sums recovered, with to make and issue such general orders as should be taken into calculation.
he shall think fit for carrying the provisions 13. That the adjournment of the assizes of this act into execution, and such other rules from one principal town to another. in large and orders, not being inconsistent with the counties, or holding the assizes more in the
enactments and provisions of this act, as he centre of each county, would considerably
| shall think fit and proper for simplifying, es
tablishing, and settling the course of practice lessen the expense of trials.
of the said Court and of its several offices; 14. That by reducing the disbursements and be it enacted, that the Lord Chancellor, in the progress and at the trial of causes, with the like advice of the Master of the Rolls the expense of recovering a small debt may and Vice Chancellor, or one of them, shall be be diminished within such limits as are con
and is hereby authorized and empowered, by sistent with the due administration of jus- |
the like general orders to be made and issued
by him as aforesaid, from time to time to tice.
annul, alter, or vary any orders which may 13. That the object of diminishing the have been so as aforesaid made and issued, and costs of a trial may be obtained by far less to issue new rules and orders for the purposes expensive machinery than is proposed, - herein-before mentioned or any of them.
Court of Chancery Regulation Bill.
| altering and fitting up the said buildings; and 41. That the principal Secretary and Under |
that it shall be lawful for the Lord Chancellor Secretary of the Master of the Rolls shall no
to order and direct that a sufficient sum out of longer receive the fees heretofore received by
the common and general cash belonging to them respectively, but that in lieu thereof they the suitors of the said Court, lying dead and shall receive for their own use respectively the unemployed, not exceeding the sum of — several fees mentioned in the fourth schedule
be applied, and the same shall be applied annexed to this act.
accordingly, under the order and direction of
the Lord Chancellor, in defraying so much of BUILDINGS.
the expence of altering and fitting up the said 42. That it shall be lawful for the Lord buildings for the purposes aforesaid as the Chancellor to give such directions as he shall proceeds of the said sum of one thousand five deem necessary for altering and fitting up the hundred and seventeen pounds nine shillings several buildings in which the business of the and five pence, three per cent. Consolidated aforesaid offices respectively is to be carried Bank Annuities shall not be sufficient to pay.' on.
44. And whereas by an Act passed in the 43. And whereas by an act passed in the fourteenth year of the reign of his late Mafifteenth year of the reign of his late Majesty jesty King George the Third, intituled An King George the Third, intituled An Act for Act for rebuilding the Offices for the Six applying the funds provided for rebuilding the Clerks of the King's Court of Chancery, and Offices of the Six Clerks of the King's Court of|for erecting Offices for the Register and AcChancery by an Act made in the Fourteenth countant General of the said Court, for the Year of the Reign of his then present Majesty, | better preserving the Records, Decrees, Orintituled An Act for rebuilding the Office of ders, and Books of Account kept in such the Six Clerks of the king's Court of Chan-Offices, it was enacted, that the ground and cery, and for erecting Offices for the Register houses to be purchased for the purpose of and Accountant General of the said Court, rebuilding the said Six Clerks Offices should for the better preserving the Records, De- be conveyed to and vested in the said Six crees, Orders, and Books of Account kept in Clerks, to hold to them and their successors such Offices, in building Offices for the said for ever, in trust for the purposes in the said Six Clerks in the Garden of Lincoln's Inn, recited Act mentioned: And whereas a portion instead of rebuilding the present Six Clerks of the ground belonging to the Society of Office in Chancery Lane, and for other pur- Lincoln's Inn was purchased in pursuance of poses, the ground on which the former Six the said recited Act; and by an Act passed in, Clerk's Office then stood, and the buildings the fifteenth year of the reign of his late thereon erected, were directed to be sold, and Majesty King George the Third, the said it was directed that the monies to arise by parcel of ground so purchased was vested in such sale should be paid into the bank in the the said Six Clerks, to hold to them and their name and with the privity of the Accountant successors for ever, to the intent to erect General of the said Court, and placed to the thereon an office for the Six Clerks and an account of inoney arising by sale of Six Clerks Enrolment Office: And whereas the said ofOfice, and then placed out on government or fices have since been built upon the said parcel parliamentary securities, to the intent that the of ground so purchased; be it enacted, that interest and annual produce thereof might be the said parcel of ground, and the erections, paid to the Six Clerks of the said Court and offices, and buildings thereon erected and their successors in manner therein mentioned: built, shall hereafter be and the same are And whereas the said sale took place accord-hereby vested in the said Six Filacers, to hold ingly, and the monies arising therefrom have to them and their successors for ever, such been invested as directed by the said Act, and offices respectively to be used and employed there is now standing in the name of the said by the said Filacers and their assistants and Accountant General the sum of one thousand clerks, and the clerks of the enrolments of the five hundred and seventeen pounds nine shil-said Court, and their clerks, for exercising lings and five pence, three per cent. Consoli- their respective duties, and by such other dated Bank Annuities, to the account of money officers or in such other manner as the Lord arising by sale of the Six Clerks Office; be it Chancellor, by virtue of the powers conferred enacted, that the said sum of one thousand five upon him by this Act, shall direct: Provided hundred and seventeen pounds nine shillings always, that the remedies given by the said and five pence shall be sold by the said AC-last-recited Act for the recovery of the land countant General under an order to be made tax assessed upon the said buildings or offices by the Lord Chancellor for that purpose, and shall remain and continue in full force; and that the proceeds of such sale, together with when any officer or officers belonging to the the interest and dividends which shall have said offices shall neglect or refuse to pay the accrued on the said sum of one thousand five sum or sums of money assessed for such land hundred and seventeen pounds nine shillings tax upon them or any of them, such land tax and five pence three per cent. Consolidated shall be recovered against the officers, who by Bank Annuities subsequently to the time when virtue of this Act shall belong to the said of. this Act shall come into operation, shall be fices, and upon whom such land tax shall have applied, under the orders of the Lord Chan- been assessed, in the same manner as the same cellor, wards payment of the expenses of might have been recorered by virtue of the
Court of Chancery Regulation Bill.
said last-recited Act against the officers, who have arisen; and such surplus funds shall be before the passing of this Act belonged to the subject to such orders as the Lord Chancellor said offices respectively.
shall, from time to time, make and issue for 45. That it shall be lawful for the Lord carrying into effect the provisions of this Chancellor, by virtue of any order or orders Act. of the said Court to be made for that purpose,
SUPERANNUATION. to order and direct an annual account to be taken, and to order payment out of the said
47. That in case any of the Registrars of the several funds herein-before directed to he con- saia
be con said Court have or shall have performed the stituted as aforesaid respectively, of all such duties of the office of clerk and sub or Deputy sums as shall appear to the Lord Chancellor Registrar, or Registrar, in the Registrar's to be reasonable and proper to be paid to any | Office for the space of forty years, or in case of the said officers in the Filacers Office Recany Filacer of the said Court shall have percristrars Office the office for keeping the Duformed the duties of Filacer and Assistant plicate Accounts of the Suitors of the High Filacer for the like space of forty years, or in Court of Chancery, and Masters Offices, or the case any such officer not having performed clerks in the same offices respectively in order the duties of such offices for the respective to reimburse them for any expenses reasonably tiines aforesaid, shall be afflicted with or tall and necessarily expended by them. from and into a state of mental or bodily infirmity or after the day on which this Act shall come into
imbecility, so as to disable him from the due operation, until the fifth day of April then execution of his office, then and in either of next following, and after that time between such cases it shall be lawful for the Lord the sixth day of April in every year, and the
Chancellor by order of the said Court, on the fifth day of April in the following year. both / petition of such officer, or of any other person inclusive, either in paving for books or sta- on notice to the officer so sought to be retionery provided or supplied for carrying on moved, such petition to be duly verified, to the business of the said respective offices (other
er remove from the said oflice any of the said than the paper used for making copies for
officers who shall have served the respective parties in the offices of the Filacers or Masters),
| times aforesaid, or who shall in the judgment or in providing coals and candles and other
of the Lord Chancellor be so disabled; and, necessary articles for the said offices, and each
and each if he shall think fit, to order an annuity or of them, or in payment of taxes. rates, and clear yearly sum not exceeding other assessments charged upon or pavable for to any such Registrar, and not exceeding or in respect of the said offices, and each or
to any such Filacer, to be paid to either or any of them, or to which the said
| such officer for his life, out of such of the several officers of the said Court, or any of
v of) aforesaid funds as to the Lord Chancellor them may be liable in respect thereof; pro
- I shall seem proper, by equal quarterly payments vided that the expenses of, or relating to the
from the quarter day next after such his resaid Filacers Office, shall be directed to be movi
Što hemoval from office. paid out of the Chancery Filacers account, and
SUITORS' FUND. the expences relating to the Registrars Office shall be paid out of the Registrar's Fund | 48. And whereas there may not be sufficient Account, and the expenses relating to the funds standing to the credit of the several Masters Offices, and relating to the said office accounts herein-before directed to be constito be called the Office for keeping the Duplicate tuted, to answer and pay the several annual Accounts of the Suitors of the High Court of and other payments hereby directed to be Chancery, shall be paid out of the said fundmade and paid thereout respectively, and it entitled, “ Account of Monies placed out for may therefore be necessary that temporary the Benefit and better Security of the Suitors provision should be made for that purpose; of the High Court of Chancery,” and out of be it therefore further enacted, That in case the fund entitled “ Account of Securities | it shall at any time hereafter appear to the purchased with Surplus Interest arising from Lord Chancellor that the sums hereby directed Securities carried to an Account of Monies to be paid, and the interest and dividends of placed out for the Benefit and better Security the monies, stocks, funds, or securities standof the Suitors of the High Court of Chancery, ing in the name of the said Accountant or either of them.
General, to the credit of the said several , 46. That any surplus monies in the name accounts respectively, are not suflicient to of the Accountant General, to the account of answer and pay the several annual and other the said several funds herein-before directed to payments hereby directed to be made and be constituted as aforesaid, after paying and paid thereout respectively, it shall and may providing for the several charges thereon, shall be lawful for the Lord Chancellor, and he is from time to time be placed out and invested hereby required to order and direct that any by the said Accountant General, either in one such deficiency in the said account or fund entire sum or in parcels, in the name of the shall be made good and paid out of the surplus said Accountant General, according to the monies, stocks, or funds, standing to the general rules and orders of the said Court, in credit of any other of the said funds so congovernment or parliamentary securities, and stituted as aforesaid, and if there shall be no such securities shall be placed to the fund or such surplus, or no sufficient surplus, then to account from which such surplus inoney shall the whole extent, or to the extent of such de
Court of Chancery Regulation Bill.— The Property Lawyer, No. XV.
ficiency, as the case may happen, out of the year, of the sums then standing in the name interest and dividends of the several stocks, of the Accountant General of the High Court funds, and securities, or cash, standing in the of Chancery to the credit of the before-menname of the said Accountant General to the tioned accounts entitled respectively “Acsaid two before-mentioned accounts, entitled count of Monies placed out for the Benefit “ Account of Monies placed out for the be- and better Security of the Suitors of the High nefit and better security of the Suitors of the Court of Chancery,” and “ Account of SecuHigh Court of Chancery,” and “ Account of rities purchased with Surplus Interest arising Securities purchased with Surplus Interest from Securities carried to an Account of arising from Securities carried to an Account Monies placed out for the Benefit and better of Monies placed out for the Benest and better Security of the Suitors of the High Court of Security of the Suitors of the High Court of Chancery,” and to the credit of the said acChancery,” or the dividends, interest, or counts to be entitled “ The Chancery Filacers annual produce thereof, or of any or either Account” and “The Registrar's Fund ACof them, or of any future stocks, funds, or count” respectively, and of the annual income securities that may stand to the same accounts, arising from such funds respectively, and of or any or either of them, subject however and the several payments made thereout in that without prejudice to any other payment to year, and a like statement of the total amount which the same may be liable.
of the several public securities then standing 49. That notwithstanding any of the pro- in the name of the said Accountant General visions of this Act, if at any time hereafter the on the account of the suitors of the said Court, whole or any part of the monies placed out and a like statement of the amount of cash pursuant to the said recited Acts, or to the standing in his name at the Bank of England said orders of the said Court of Chancery, or at the close of each month of the said year, any of them, shall be wanted to answer the shall annually be laid before both Houses of demands of any of the suitors of the said Court Parliament by the said Accountant General of Chancery, then and in such case the said within thirty days after such first day of OctoCourt shall and may direct the whole or any ber, if Parliament be then sitting, or within part of such monies to be called in, and the thirty days after the first meeting of Parliasecurities in which the same and the surplus ment subsequently to such first day of October. interest and dividends herein-before mentioned 54. That if at any time it shall appear to the shall be placed to be sold and disposed of, in Lord Chancellor that the monies and securities, order that the suitors of the said Court may standing to the said account, to be entitled at all times be paid their respective demands“ The Chancery Filacers Account,” together out of the common and general cash belonging with the interest and dividends thereof, and to such suitors.
the fees expectant and to be payable to such · 50. That it shall be lawful to and for the account, shall be more than sufficient to an. Lord High Chancellor of Great Britain, by swer and pay the several salaries and other any order or orders of the said Court of payments for the time being chargeable there, Chancery, to authorize the change of the se- on, it shall be lawful for the Lord Chancellor curity or securities, or of any part of the to order such abatement to be made in the fees securities, purchased or to be purchased pur hereinbefore directed to be received and paid suant to this Act.
to such account as may to the said Lord Chan
cellor from time to time seem fit, and as may SOLICITORS.
be consistent with the purposes for which such 51. That every solicitor who shall be ap-fund is created. pointed to and shall accept any office or em- 55. That the powers and authorities given ployment under or by virtue of this Act, shall by this act to the Lord High Ohancellor shall forthwith be struck off the Roll of Solicitors and may be exercised in like manner, and are of the High Court of Chancery, and off the hereby given to the Lord Chancellor, Lord Roll of Attorneys of any of His Majesty's Keeper, or Lords Commissioners for the cusCourts of Record at Westminster, on which tody of the Great Seal respectively for the time his name may be.
56. That this act shall come into operation EXAMINERS.
on the day of 52. That the Examiners of the High Court | 57. That this act may be amended, altered, of Chancery shall be and they are hereby or repealed by any act or acts to be passed in authorized and empowered to administer the this present Session of Parliament. usual and accustomed oaths and to take the usual affirmations of the witnesses cxamined before them, and for which they shall receive the usual and accustomed fees; and that all THE PROPERTY LAWYER. depositions of witnesses examined in the High Court of Chancery shall hereafter be taken in
No. XV. the first person. ACCOUNTS.
PRESUMED SURRENDER OF TERM6. 53. That a full and accurate statement, THE doctrine of the Court of King's Bench, made up to the first day of October in each as to the presumption of surrenders of terms,
The Property Lawyer, No. XV.-Assizes Removal Bill. laid down in the cases of Doe d. Burdelt yo! Wright, 2 B. & Ald. 710; and Doe d. Pul
ASSIZES REMOVAL BILL. lanı v. Hilder, 2 B. & Ald. 782, was received with the greatest disapprobation by convey |
A BILL FOR THE APPOINTMENT OF CONancers; and lately, as we have already pointed VENIENT PLASES FOR THE HOLDING OF out, (see Vol. IV, 230) has been overruled by ASSIZES IN ENGLAND AND WALES. horu Terlerden, one of the Judges who de- RECITING 6 Ric. 2. c. 5, by which it was cided one of those cases. See Dee ,d. Blacknell ordained that the Justices assigned to take v. Plowman, 2 B. & Ald. 573. In the follow. assizes and deliver the gaols should hold their
sessions in the principal and chief towns of ing case, Baron Bayley has also expressed an every of the counties where the Shire Courts opinion that his former judgment on the of the same counties should be holden: And subject, as expressed in the case of Doe v. by the Ilth of the same reign, reciting that
| the said statute was in part prejudicial and Wright, is at any rate not to be carried further. grievous to the people of divers counties in
England, it was provided that the Chancellor Case by the plaintiff, as reversioner, against of England for the time being should have the defendant, for undermining a dwelling power thereof to make and provide remedy, by house of the plaintiff. At the Carnarvon advice of the Justices from time to time, when assizes, before Bosanquet, J., the plaintiff need should be, notwithstanding the said staproved his title by shewing perception of rent; | tute : upon which evidence having been given of the And reciting that the places at which the injury, the defendant produced a lease of the assizes are now held, in various counties of premises in question, from the Marquis of England and Wales, are inconvenient to the Anglesey to the plaintiff, for lives, and likewise inhabitants thereof, and it would conduce to the will of the late Lord Uxbridge, who had the more cheap, speedy, and effectual adminisbeen dead about eighteen years, by which he tration of justice to appoint other places indevised the premises in question to trustees, stead thereof, for the holding of assizes ; Be for a term of years, in trust to pay annuities, it therefore enacted, that his Majesty, with the and for certain other purposes mentioned in advice of his Privy Council, shall liave polyer the will, with remainder to Lord Anglesey. from time to time to order and direct at what The plaintiff insisted that it was for the jury to place or places, in any county in England or decide whether the term had not been sur-Wales, the assizes for sụcli county shall be rendered; and relied upon the manner in holden. which the property had heen treated by Lord That in case his Majesty, with the advice of Anglesey, as leading to that inference; but the his Privy Council, shall think fit to order and learned Judge told the jury that they could direct that the assizes shall be holden at more not presume a surrender of the term, and a than one place in any one county, it shall be verdict was accordingly found for the de- lawful for his Majesty, with the advice aforefendant.
said, to divide any such county, for the purposes John Jervis moved for a new trial, and sub- of this act, and to make rules and regulations mitted that the question was withdrawn from the touching the venue in all cases civil and cri. jury by the direction of the learned Judge, and minal then pending or thereafter to be pendthat the circumstances did fairly lead to an ing, and to be tried within any division of such inference of the surrender of the term.
county so to be made as aforesaid; and touchBayley, B.-'Is there any case where a sur: ing the liability and attendance of jurors, wherender has been presumed within twenty ther grand jurors, special jurors, or common years? I do not think that a jury ought to be jurors, at the assizes to be holden within any required to présume what they do not believe. such division; and touching the use of any I have frequently talked with Lord Tenlerden house of correction or prison as a common on the subject, and we have agreed in thinking gaol, and the government and keeping thereof; that the rule as to presuming surrenders has and touching the alteration of any commisgope far enough, and that it ought not to be sions, writs, precepts, or other proceedings extended. A Judge ,ought not to require a whatsoever for carrying into effect the purjury to find, or their oaths, what he does not poses of this act, and touching any other inathimself believe. In the present case, if à ters that may be requisite for carrying into surrender had 'really taken place, it must have effect the purposes of this act; and all such been known to many individuals.
rules and regulations shall be of the like force Rule refused.-Day v. Williams, 2 C. & J. | and effect as if the same had been made by 460.
the authority of Parliament, and shall be notiSee the cases on the subject, collected in fied in the London Gazette, or in such other 3 Stewart's Prac. Convey. 456, 469.
manner as his Majesty, by and with the advice of his most Honourable Privy Council, shall think fit to direct.