330 The Ecclesiastical Courts-Testamentary Jurisdiction. 3rd. In many of the petty tribunals, there are not functionaries competent to deal with the difficult and delicate questions arising upon proof of contested wills. 4th. Few of the minor jurisdictions have proper places for preserving wills. 5th. The number of jurisdictions leads to a multiplication of appeals, and much uncertainty as to the limits of jurisdiction. 6th. The doctrine of bona notabilia causes inconvenience, injustice, and unne cessary expense. 7th. There is a distinction between the cognizance of wills of real estate and wills of personal estate; the Ecclesiastical Courts having the cognizance of personal property, and the temporal Courts of real property. As may be expected in a measure of such magnitude and importance, those who are disposed to approve it as a whole, dissent from some of the specific provisions to be embodied in the Government Bill. A majority of the Commissioners recommended the creation of a new Court, to be called "a Court of Probate," in which the jurisdiction in all testamentary matters should be vested, but the Chancellor adopted in preference the opinion of a minority of the Commissioners, consisting of the Master of the Rolls, the Solicitor-General, and Sir James Graham, and upon the authority of their recommendation, proposes that the jurisdiction shall be transferred to the Court of Chancery. This arrangement The propositions thus distinguished nu- proceeds upon the assumption, that the merically, may be regarded as the several Ecclesiastical Court is not occupied above counts in the indictment prosecuted by 60 days in the year in contentious matters, the Government against the Ecclesiastical and that the business arising from this Courts. The proposed remedies are founded, in a great degree, but not altogether, upon the report of the commission. In some instances, the Government has adopted the recommendation of the minority of the Commissioners rather than of the majority. The leading features of the measure announced by Lord Cranworth, may be thus described. 1st. The abolition of all existing tribunals, for the proof of wills, and the transfer of jurisdiction to a Civil, and not an Ecclesiastical Court. 2nd. The contentious jurisdiction exercised by the various Ecclesiastical Tribunals to be in future vested in the Court of Chancery. branch of jurisdiction, if divided amongst the four Judges of the Court of Chancery having original jurisdiction, would be easily absorbed, occupying each of the four Judges only 15 days in a year. The accuracy of the calculation by which it is estimated that 60 days would be suffi cient to dispose of the contentious business has been publicly questioned, and it is alleged, that the statement has reference only to the Prerogative Court of Canterbury, and that no estimate has been made of the number of days occupied in contentious business in other Courts. Lord St. Leonards, whilst he emphati cally declared that "the Ecclesiastical Courts should not be allowed to remain 3rd. All the staff of the Ecclesiastical any longer in existence," and agreed with Courts, as it now exists, to be transferred the Lord Chancellor, and a minority of the to the Court of Chancery. Commissioners, that the jurisdiction should 4th. To constitute one principal Registrar be transferred to the Court of Chancery, to transact all the common form, or non-protested against the proposal to subject contentious business. real estates to the same rules as personal property, on the ground that it would unnecessarily impose an additional burthen upon real estate already sufficiently burdened. 5th. To allow solicitors, as well a proctors, after a limited period, to prove wills in the common form. 7th. To establish District Courts (rather more numerous than the Diocesan Courts), for proving wills of a non-contentious character, where the assets do not exceed 1,500l. Amongst the Legal Profession generally, that portion of the measure the expediency of which appears to be most questioned is, the proposal to appoint district Courts in the country for disposing of non-contentious 8th. That an original will proved in the cases where the amount of assets is limited. country shall remain in the country for six It is objected, that this arrangement demonths, to allow the opportunity for in-stroys the symmetry of the scheme, and spection, and shall then be transmitted merely substitutes one class of local tributo London, and a copy returned to the nals for another. country. 9th. That probate shall extend to real as well as personal estate. For the reasons already suggested, we are not sanguine that the Bill will obtain the sanction of the Legislature during the Common Law Procedure Bill.-New Statutes effecting alterations in the Law. present Session of Parliament: at all events, many opportunities may be expected to arise during its progress for discussing the details. COMMON LAW PROCEDURE BILL. THE Lord Chancellor on Monday last introduced the second Common Law Pro 331 Equitable defences are also to be allowed. Matters of account.-Actions relating to complicated accounts may be referred to accountants, and in certain cases to a County Court Judge. A summons should be taken out in an early stage of the case, and the Judge empowered to refer the question to an arbitrator. Trials. It is proposed that the plaintiff should have a right of reply, although no witnesses be called for the defence; and the defendant's counsel be also entitled to the privilege of a second address at the conclusion of his evidence. Common Law injunctions.—It is also proposed that a Court of Common Law may issue an injunction to prevent future tres cedure Bill, founded principally on the Com- cases. The rule requiring the jury to be unanimous is retained, but they are to be allowed moderate refreshment and fire, and to be discharged if they cannot agree in their verdict at the expiration of a limited time. The special and common juries are to be amalgamated, and the qualification of the latter somewhat raised. Evidence. Documentary evidence now required to be proved virá roce, may, in certain cases be proved out of Court; and where a document has been attested by a witness, the rule requiring such witness to be called is to be abolished, except in regard to wills. Another alteration is, that witnesses having conscientious scruples in respect to taking an oath, may be examined, although not members of a sect specially excepted by the Legislature, provided the Judge be satisfied that the scruple is bona fide. Hitherto the handwriting of persons executing deeds and instruments has not been allowed to be proved by comparison with other documents admitted to be genuine. This rule is to be abrogated. It will also be provided, that a document improperly stamped, may be admitted in evidence, upon paying into Court a sufficient sum to cover the stamp and penalty. Examination of parties before trial.-It is proposed, also, that the plaintiff may examine the defendant on written interrogatories attached to his declaration, and the defendant may do the like on delivering his plea. Specific performance of contracts.-The recommendation of the Commissioners to enable the Common Law Courts to order a specific performance of a contract, has not been adopted. Execution. Choses in action. - The power of attaching or taking in execution debts as in the City of London, and a few other places, is to be extended generally. NEW STATUTES EFFECTING ALTE- 17 VICT. c. 1. ASSESSED TAXES' ACT AMENDMENT. THE preamble recites 16 & 17 Vict. c. 90. Duties contained in Schedule (F.) of recited Act to be deemed to have been granted and made payable thereby; s. 1. Exemption No. 2 in the said Act to extend only to the duties contained in Schedule (E.) in certain cases; s. 2. Horses used by common carriers occasionally conveying passengers to be charged only under Schedule (F.); s. 3. Time for giving notice to determine compositions extended; s. 4. Justices of the peace in Ireland may administer oaths required by the Acts relating to the Income Tax; s. 5. The following are the Title and Sections of the Act : An Act to explain and amend an Act of the 332 New Statutes.-Inquiry into the Inns of Court. of Parliament, 16 & 17 Vict. c. 90, to repeal certain duties of assessed taxes, and to grant other duties of the same description: And whereas by reason of certain errors and omissions in the said Act doubts have arisen as to the construction and meaning thereof in some particulars, and it is expedient to remove such doubts, and to amend the said Act: And whereas it is also expedient to amend the Act passed in the last Session, chapter 34: Be it enacted and declared as follows: shall have the same force and effect as it would have had if it had been given within the time limited by the said section. 5. And whereas by the several Acts in force relating to the duties granted by an Act passed in the last Session of Parliament, chapter 34, on profits arising from property, professions, trades, and offices, divers oaths are required to be taken by persons appointed assessors and collectors of the said duties, and by persons claiming exemption from or a return or repayment of the said duties under the several provisions of the said Acts, and by other persons in relation to the execution of the said Acts, which said oaths the Commissioners for special purposes and other Commissioners in the said Acts mentioned are respectively authorised to administer; and it is expedient to authorise her Majesty's Justices of the Peace in Ireland, as well as the said Commissioners, to administer the same: Be it enacted, That it shall be lawful for her Majesty's justices of the peace in Ireland respectively within their respective jurisdictions, and any one of them is hereby authorised and empowered, to administer to any such assessor or collector or to any other person any oath required or authorised by the said several Acts or any of them to be taken in any matter relating to the execution of the said 1. The duties described or mentioned and set forth in the Schedule marked (F.) to the said Act annexed as duties payable annually for all horses and mules not charged with duty under Schedule (E.) of the said Act shall be deemed and are hereby declared to be and to have been granted and made payable by the said Act from and after the 5th day of April, 1854, in England and Wales and Berwickupon-Tweed, and from and after the 24th day of May in Scotland, notwithstanding the omission to mention the said Schedule (F.) in section 2 of the said Act, purporting to enumerate the several Schedules containing the duties intended to be thereby granted and made payable; and the said Schedule (F.), and the duties, rules, regulations, and exemptions therein set forth or contained, shall have effect and be in force as if the said Schedule Acts. (F.) had been enumerated in the said section along with the several other Schedules therein mentioned. INQUIRY INTO THE INNS OF COURT. 2. The Exemption No. 2, under the head or title of "Exemption from the Duties contained in Schedules (E.) and (F.)," in the said Act, shall be deemed and construed and is hereby WE are able to state, that so far from the declared to extend only to exempt any person proposed Commission of Inquiry, moved for from the duties contained in Schedule (E.) of and obtained by Mr. Napier, being viewed the said Act for one such horse as in the said with disfavour by the Benchers of the Inns Exemption No. 2 is described, used for riding on the occasions and in manner therein menof Court, who rank among their members tion.ed; and nothing in the said Exemption many of the most eminent and distinguished shall be deemed or construed to extend to ex-men in the kingdom, both judicially and empt any person from the duties contained in otherwise, those gentlemen spontaneously Schedule (F.) of the said Act, for any such declared their determination to afford every horse as aforesaid, except where the same shall facility for inquiry. It is impossible, inbe kept for the purpose of husbandry, and used only for such purpose, and for riding on the deed, to suppose that these eminent persons occasions and in manner in the said Exemption could ever have had any motive whatever for concealment; and we doubt not that the 3. For any horse used by any common result of the proposed inquiry will be such carrier in drawing any carriage used by him as to dissipate several absurd rumours to principally and bona fide for and in the carry-which currency has been given by interested ing of goods, and occasionally only in convey and prejudiced individuals. Many of the ing passengers for hire, in the manner mentioned with respect to such carriage in Schedule (D.) of the said Act, there shall not by reason of such using be charged any other or higher duty than the duty contained in the said Schedule (F.) No. 2 mentioned. Benchers have seats in the House of Commons; and, unless we are mistaken, every one of them was prepared, equally with the Attorney and Solicitor-General, to express his utmost readiness to co-operate with 4. The time limited by section 6 of the Parliament in devising a safe and expedient said Act for the giving of notice to determine system for promoting the cause of legal any contract of composition for the duties of education in conformity with the enlightassessed taxes shall be and is hereby extended ened spirit of the age. Much has been notice as in the said section 6 is mentioned, already done in this direction, but not till given on or before the said last-mentioned day, many difficulties, and various differ to the 5th day of April, 1854; and any such after Inquiry into the Inns of Court.-The New Law Courts. 333 ences of opinion amongst highly competent rangle. High Holborn, Great Queen Street, and disinterested persons, had been over- Drury Lane, and St. Giles's have not the come. We trust the proposed Commission honour of accommodating any legal or will consist of gentlemen of prudence and equitable functionaries. experience, whose names will command the confidence of all branches of the Profession and the Public. Sir John Patteson, for instance, would be a host in himself. While we are on this subject, we may state, that we heard only this day, with the greatest pleasure, one of the most distinguished Benchers express the highest gratification at the announcement that the Law Institution, actuated by a spirit similar to that of those honourable and learned persons, intended to initiate a preliminary examination of candidates for admission to practise as Attorneys and Solicitors, as to their fitness generally in point of a liberal education. THE NEW LAW COURTS. THE STRAND V. THE FIELDS. On the other hand, the Strand site will be advantageous to, and indeed unite, the three great Inns of Court-Lincoln's Inn and the two Temples. The several Inns of Chancery will also be brought closely to the New Courts. So of Chancery Lane, Carey Street, Essex Street, and all the courts and avenues in that neighbourhood. The Strand site, also, is in a more conspicuous situation than that of the Fields, even when new streets may be constructed to afford the suitors an easy access to the much-lauded quietude and repose of that secluded region. To study the law and prepare for forensic contests, it may be desirable to exclude startling noises and alarming disturbance; though for "our poor parts," when earnestly engaged in legal researches or pursuits, we feel no interruption from the rapid roll of the carriages of the Lord Chancellor, or the Solicitor-General, or of the various vehicles which convey the THE question of the precise locality of hosts of barristers and solicitors, or their the New Courts still agitates the region of clients and witnesses, from the law district the Inns of Court and Chancery and the pur- to the distant south-west corner of the melieus of Chancery Lane. We apprehend that tropolis where the Courts are now located. the decision of the Government and the ap- We hold, indeed, that the issue of quietude proval of the Public will depend, not merely tendered by the "Old Law Reformer," is upon the capability of adapting Lincoln's immaterial to the just decision of the case. Inn Fields in aid of an ornamental structure, We respectfully submit, that the Governbut on the convenience of the site and the ment ought not to be turned aside by the usefulness of the building. It may be ad- "babbling of green fields," or by idle talk of mitted, for the gratification of the trustees" hedge row elms and hillocks green." In of the gardens (who seem anxious to com- this great city, we must provide for the mit a breach of trust), that a very attractive demands of justice to its millions of inhabipicture may be designed of a Grecian edifice, tants, and consult their interest and convesurrounded by verdant lawns, shady walks, nience, and not the taste and personal and (in due time) lofty trees, with per- feeling of any inconsiderable body of men, chance an appropriate rookery! If West- however respectable. minster Abbey, St. Paul's Cathedral, and our Metropolitan Colleges could be so surrounded, we should rejoice greatly; but, considering the business connected with the administration of justice in all the Courts of Law and Equity in the vast metropolis of this great empire, we opine that the site on the borders of the cities of London and Westminster is preferable to any other for the reasons which we have from time to time indicated, and some others to which we propose to advert. We admit, in favour of "the Fields," that they are nearer to Gray's Inn than the Strand, but then, with the exception of Bedford Row (no doubt an important locality) there are neither lawyers nor law offices on the northern or western sides of the quad It has been said, with regard to several of the owners of property in the Fields that they look only at the enhancement of the value of their property. They are, no doubt, entitled to be heard, but on a great public question, affecting the whole community, it is evident that individual interests must give way. It ought, however, to be a consolation to these householders that they will largely participate in the benefit of concentrating the Courts and offices in their neigh bourhood, although possibly not to the same extent as if the edifice were built in the centre of their garden. 334 Charity Commission-First Report. CHARITY COMMISSION. FIRST REPORT. WE, the Charity Commissioners for England and Wales are required by the provisions of "The Charitable Trusts' Act, 1853," to make a report to your Majesty of our proceedings up to the 31st day of December last. Our appointments, which your Majesty was pleased to make on the 22nd day of October last, enabled us to enter immediately upon the discharge of our functions, but numerous arrangements for the construction of our official establishment and the distribution of its duties occupied a considerable time, and we could not obtain more than a very limited efficiency for the active purposes of our commission before the month of December. The present report of our proceedings is therefore confined to a very short period. We applied ourselves at once to making the provisions and requirements of the Act which we considered to be of particular importance efficiently and extensively known, and besides advertising in the Gazette, we distributed about 15,000 circulars for that purpose. Before the end of March next we have to expect, in compliance with the provisions of the Act, returns of the revenues and of the receipts and expenditure of the body of charities in England and Wales, probably amounting to not less than 40,000 in number. COURSE OF PROCEEDING. The Report is followed by general minutes relating to the proceedings of the Commissioners and their Inspectors, viz. : 1. The Commissioners attending daily at their office for the despatch of business will sit as a board as often as occasion shall require, and, notwithstanding any adjournment, will resume their sittings when necessary. 2. All communications, papers, and documents addressed or sent to the Commissioners or their secretary shall be forthwith registered, and laid before the board. 3. A separate register shall be kept of all deeds, muniments, or documents relating to charities which may be deposited with the board. 4. Registers shall be kept of all letters, instruments, and documents sent from the office. 5. A summary or breviate shall be made, and kept in the office, of the proceedings in every matter brought under the consideration of the Commissioners. 6. The seal of the Commissioners shall not be affixed to any document except at a sitting of the board. It has appeared to us that we could not usefully or effectively attempt to enter upon an indiscriminate and unsolicited interference in the affairs of this vast number of charities, but that we should best discharge our duty by directing our attention to cases brought to our notice by particular application, or respecting 7. As a general rule, the board will require which we have possessed any special informa- applications with reference to any charity to be tion, awaiting in other cases the returns re- made in writing, and signed by the applicants; ferred to for our future and principal guidance. but the board, without any precedent applicaIt is by comparing the accounts with the docu- tion to them, will institute inquiries and exerments which constitute and explain the endow-cise their powers with respect to any charity ment that we hope to be able to ascertain, to a considerable extent, in what cases and in what so. manner it may be our duty to interfere. Previously, however, to the 31st December last, application had already been made to us for assistance or advice, in 340 cases, which have engaged us in a large correspondence, and these applications are daily increasing in number. We have made some minutes, in obedience to the directions of the Act, for our own guidance and that of our inspectors (which will be found in an Appendix), but they may probably require to be extended when the practical details of our duties have more fully developed themselves. where it shall appear to them expedient to do 8. As a general rule, applications will be proceeded with in the order in which they are received, except where the board shall (in cases of urgency or for any special reason) think fit to depart from this rule. 9. All official correspondence shall be carried on in the name of the secretary. 10. Examinations and inquiries shall be conducted, as far as may be found practicable, by correspondence at the office of the Commissioners, or by personal communications there made. 11. Every case in which local examination and inquiry shall be requisite shall be referred by the board to an inspector. We have also drawn up and placed in the Appendix some general regulations and printed 12. Upon every such reference a copy of the forms of application to the board for the guid-minute of the board relating thereto, signed ance of applicants, which will be supplied to by the secretary, shall be delivered to the inany persons desirous of making use of them. These forms are necessarily experimental, and are yet to be applied in working the entirely spector to whom the reference is made, and such copy shall be his authority for prosecuting the examination and inquiry thereby directed. |