Imágenes de páginas
PDF
EPUB

338

New Statutes effecting Alterations in the Law.

Court of Chancery in the Public Office, and for transferring the Business of such Public Office to the Affidavit Office in Chancery. [July 22, 1847.]

1. Attendance of Masters in Ordinary in Chancery discontinued.-Whereas by an act passed in the 13th year of his late Majesty Charles the 2nd, it was amongst other things enacted, that from and after the 23rd day of October, 1661, there should be one public office kept as near the Rolls as conveniently might be, in which the Masters in ordinary, or one of them, should constantly attend for the administration of oaths and other purposes therein mentioned: And whereas it is expedient that the said Masters should no longer attend in person at the said public office, and that the duties required by the said recited act should be otherwise provided for: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That the said act shall be and the same is hereby repealed, and that the attendance of the said Masters at the public office be discontinued from and after the time at which this act shall come into operation.

hereby appointed the second assistant clerk of affidavits under this act, and that the salary or remuneration he shall receive under the provisions of this act shall be and the same is hereby declared to be in lieu of and as compensation for the loss sustained by him in respect of the fees hitherto received by him as clerk of the said public office: Provided always, and it is hereby declared, that this act shall not take away, diminish, or in any way prejudice the rights and interests of William Thodey Smith to and in the compensation granted, awarded, and ordered to be paid to him under and by virtue of the three several acts of parliament hereinafter mentioned; that is to say, an act made and passed in the 1 & 2 W. 4, c. 56, intituled “An act to establish a Court of Bankruptcy," an act made and passed in the 5 & 6 Vict. c. 103, intituled "An act for abolishing certain Offices of the High Court of Chancery in England," and an act made and passed in the 6 & 7 Vict. c. 73, intituled "An act for consolidating and amending several of the laws relating to Attorneys and Solicitors practising in England and Wales;" and that the rights and interests of the said William Thodey Smith under each of the said acts respectively shall be and continue the same to all intents and purposes as if this act had not been passed, and as if he had continued to hold his office of clerk of the public office, but nevertheless only for such period as he shall hold the office of second clerk of affidavits under this act.

2. Lord Chancellor may appoint a second assistant clerk of affidavits. —That it shall be lawful for the Lord Chancellor to appoint one fit and proper person to assist in the performance of the duties of the clerk of affidavits and of the assistant clerk of affidavits, and of the 5. Lord Chancellor may also, with consent of other duties hereby transferred to them, to be treasury, order retiring annuities to disabled ofcalled the second assistant clerk of affidavits, ficers, not exceeding two-thirds of their salaries. and that the duties by the said recited act di--That it shall be lawful for the Lord Chanrected to be done and performed by the Mas- cellor, with the consent of the commissioners ters in ordinary in the public office shall here- of her Majesty's treasury, by any order made after be done and performed by the said clerk on a petition presented to him for that purpose of affidavits and the assistant clerks of affidavits, after the 10th day of August next after the passin such place and in such manner and subject to such regulations as the Lord Chancellor shall from time to time order and direct, and they and each of them are hereby authorized to do and perform the same.

3. Lord Chancellor may order remuneration to be paid to the clerk and assistant of affidavits.That there shall be paid to the said clerk of affidavits and the said assistant clerks of affidavits such remuneration, either in salary and fees, or partly by salary and partly by fees, as the Lord Chancellor shall think fit, not exceeding in the whole 1,2001. to the clerk of affidavits, 800l. to the first and 400l. to the second assistant clerk of affidavits; and that it shall be lawful for the Lord Chancellor to make such order and orders as may be necessary for payment of so much of such remuneration as shall consist of salary out of the fund intituled "The Suitors' Fee Fund Account," and for the payment of any part of the fees to be received to the account of the said fund.

4. Appointment of second assistant clerk of affidavits. Saving rights of W. T. Smith. 1 & 2 W. 4, c. 56; 5 & 6 Vict. c. 103; 6 & 7 Vict. c. 73.-That William Thodey Smith, the present clerk of the said public office, be and he is

ing of this act, to order (if he shall think fit) to be paid to any person executing the office of clerk of affidavits, assistant clerk of affidavits, or second assistant clerk of affidavits, or of chief clerk or junior or copying clerk to the master in ordinary of the Court of Chancery, who shall be afflicted with some permanent infirmity disabling him from the due execution of his office, and shall be desirous of resigning the same, an annuity not exceeding two-third parts of the yearly salary which such person shall be entitled to at the time of presenting such petition, to be paid out of the interest and dividends of the government or parliamentary securities which may be at any time standing in the name of the Accountant-General of the High Court of Chancery to an account intituled

[blocks in formation]

New Statutes effecting Alterations in the Law.

339

Interest arising from Securities carried to an repealed.-Whereas an act was passed in the Account of Monies placed out for the Benefit 6 G. 4, c. 123, intituled "An act to establish a and better Security of the Suitors of the High Taxation of Costs on Private Bills in the House Court of Chancery," or either of them; and the of Commons, and to prohibit the Sale of cerannuity mentioned in such order shall be paid tain Offices under the Serjeant-at-Arms attendby the governor and company of the Bank of ing the House of Commons:" And whereas it is England out of the interest and dividends expedient to repeal the same, and to make aforesaid (but subject and without prejudice more effectual provisions for taxing the costs to the payment of all salaries and other sums of and expenses to be charged by parliamentary money by any act of parliament already directed agents, attorneys, solicitors, and others in fuor authorized to be paid thereout) by even and ture sessions of parliament in respect of bills equal payments on the 5th day of January, the subject to the payment of fees in parliament, 5th day of April, the 5th day of July, and the commonly called private bills, and to be in10th day of October in every year during the curred in complying with the standing orders life of such person; and the executors and ad- of the House of Commons relative to such bills, ministrators of such person shall be entitled to and in preparing, bringing in, and carrying the receive, and shall be paid such proportionate same through, or in opposing the same in, the part of the said annuity as shall have accrued House of Commons: Be it enacted by the from the next preceding quarterly day of pay- Queen's most excellent Majesty, by and with ment to the day of his death. the advice and consent of the Lords spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, That, except as to any costs, charges, and expenses which shall have been incurred in the present or any preceding session of parliament, the said recited act shall be repealed: Provided always, that the repeal of the said recited act shall not be construed to revive any act or any provision thereof which was thereby repealed."

6. Commencement of act.-That this act shall commence and take effect from the 10th day of August next.

7. Out of what fund compensations awarded under provisions of 10 & 11 Vict. c. 60, to be paid. And whereas by an act passed in this session of parliament, intituled "An act to abolish One of the Offices of Master in Ordinary of the High Court of Chancery," it was enacted, that it should be lawful for the Lord Chancellor, with the consent of the commis2. Parliamentary agent, attorney, or solicitor sioners of her Majesty's treasury, to award such not to sue for costs until one month after delivery compensation (if any), and in such manner of his bill. Evidence of delivery of bill. Power and upon such conditions as he might think to judge to authorize action before expiration of fit, to George Barrett and Edward Wright, the one month.-That no parliamentary agent, atlate chief and second clerks of Andrew Henry torney, or solicitor, nor any executor, adminiLynch, or either of them, in consideration of strator, or assignee of any parliamentary agent, the loss they or he may have sustained by rea- attorney, or solicitor, shall commence or mainson of the abolition of the said office by the tain any action or suit for the recovery of any said act; And whereas no provision was made costs, charges, or expenses in respect of any in the said act for the payment of such com- proceedings in the House of Commons in any pensation; be it therefore enacted, That such future session of parliament relating to any compensation shall be paid by the Accountant-petition for a private bill, or private bill, or in General, by virtue of an order for that purpose respect of complying with the standing orders to be made by the said Lord Chancellor, out of of the said house relative thereto, or in preparthe fund intituled "The Suitors' Fee Fund Ac-ing, bringing in, and carrying the same through,

count."

8. Lord Keeper may act for Lord Chancellor for purposes of this act. That in construing this act all things directed to be done by the Lord Chancellor shall and may be done by a Lord Keeper or the first Commissioner for the custody of the Great Seal of the United Kingdom of Great Britain and Ireland.

HOUSE OF COMMONS COSTS TAXATION.

10 & 11 VICT. c. 69. An Act for the more effectual Taxation of Costs on Private Bills in the House of Commons. [22nd July, 1847.]

1. 6 G. 4, c. 123. Recited act 6 G. 4, c. 123

The provisions of this act apply only to future sessions of parliament; but it may be well for those who are engaged in this important branch of business, to look forward to the taxation here enacted.

or opposing the same in, the House of Commons, until the expiration of one month after such parliamentary agent, attorney, or solicitor, or executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, has delivered unto the party to be charged therewith, or sent by post to or left for him at his counting-house, office of business, dwelling-house, or last known place of abode, a bill of such costs, charges, and expenses, and which bill shall either be subscribed with the proper hand of such parliamentary agent, attorney, or solicitor, or in the case of a partnership by any of the partners, either with his own name or with the name of such partnership, or of the executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or be enclosed in or accompanied by a letter subscribed in like manner referring to such bill: Provided always, that it shall not in any case be necessary, in the first instance, for such parliamentary agent, attorney, or solicitor, or the execu

340

New Statutes effecting Alterations in the Law.

tor, administrator, or assignee of such parlia- such taxation relating to the matters of such mentary agent, attorney, or solicitor, in proving taxation: Provided always, that nothing herein a compliance with this act to prove the contents contained shall be construed to authorize such of the bill delivered, sent, or left by him, but it taxing officer to determine the amount of fees shall be sufficient to prove that a bill of costs, which may have been payable to the House of charges, and expenses subscribed in manner Commons in respect of the proceedings upon aforesaid, or inclosed in or accompanied by any private bill. such letter as aforesaid, was delivered, sent, or left in manner aforesaid; but nevertheless it shall be competent for the other party to show that the bill so delivered, sent, or left was not such a bill as constituted a bona fide compliance with this act : Provided also, that it shall be lawful for any judge of the superior courts of law or equity in England or Ireland, or of the Court of Session in Scotland, to authorise a parliamentary agent, attorney, or solicitor, to commence an action or suit for the recovery of his costs, charges, and expenses against the party chargeable therewith, although one month has not expired from the delivery of a bill as aforesaid, on proof to the satisfaction of the said judge that there is probable cause for believing that such party is about to quit that part of the United Kingdom in which such judge hath jurisdiction.

7. Taxing officer to take such fees as may be allowed by the House of Commons. Application of fees.-That it shall be lawful for the said taxing officer to demand and receive for any such taxation such fees as the House of Commons may from time to time by any standing order authorize and direct, and to charge the said fees, and also to award costs of such taxation against either party to such taxation, or in such proportion against each party as he may think fit, and he shall pay and apply the fees so received by him in such manner as shall be directed by any such standing order as aforesaid.d

8. On application of party chargeable or on application of parliamentary agent, attorney, or solicitor, the taxing officer to tax the bill. No application to be entertained by taxing officer after verdict obtained.-That if any person upon 3. Taxing officer to be appointed by the whom any demand shall be made by any par Speaker. That the Speaker of the House of liamentary agent, attorney, or solicitor, or exeCommons shall appoint a fit person to be the cutor, administrator, or assignee of such parliataxing officer of the House of Commons, and mentary agent, attorney, or solicitor, or other every person so appointed shall hold his office person, for any costs, charges, or expenses in during the pleasure of the Speaker, and shall respect of any proceedings in the House of execute the duties of his office conformably to Commons in any future session of parliament such directions as he may from time to time re- relating to any petition for a private bill, or ceive from the Speaker. private bill, or in respect of complying with the 4. The Speaker to prepare list of charges standing orders of the said house relative therethenceforth to be allowed.-That the Speaker to, or in preparing, bringing in, or carrying may from time to time prepare a list of such the same through, or in opposing the same in charges as it shall appear to him that, after the the House of Commons, or of any parliamentary present session of parliament, parliamentary agent, attorney, or solicitor, or the executor, agents, attorneys, solicitors, and others may administrator, or assignee of such parliamentary justly make with reference to the several agent, attorney, or solicitor, or other person, matters comprised in such list; and the several who shall be aggrieved by the nonpayment of charges therein specified shall be the utmost any costs, charges, and expenses incurred or charges thenceforth to be allowed upon the charged by him in respect of any such proceedtaxation of any such bill of costs, charges, and ings as aforesaid, shall make application to the expenses in respect of the several matters said taxing officer at his office for the taxation therein specified: Provided always, that the of such costs, charges, and expenses, the said said taxing officer may allow all fair and taxing officer, on receiving a true copy of the reasonable costs, charges, and expenses in re- bill of such costs, charges, and expenses which spect of any matter not included in such list. shall have been duly delivered as aforesaid to the party charged therewith, shall in due course proceed to tax and settle the same; and upon every such taxation, if either the parliamentary agent, attorney, or solicitor, or the executor, administrator, or assignee of such parliamentary agent, attorney, or solicitor, or other person, by whom such demand shall be made as aforesaid, or the party charged with such bill of costs, charges, and expenses, having due notice, shall refuse or neglect to attend such taxation, the said taxing officer may proceed to tax and settle such bill and demand exparte; and if pending such taxation any action or proceeding shall be commenced for the recovery of such

5. Taxing officer empowered to examine parties and witnesses on oath.-That for the purpose of any such taxation the said taxing officer may examine upon oath any party to such taxation, and any witness who may be examined in relation thereto, and may receive affidavits, sworn before him or before any master or master extraordinary of the High Court of Chancery, relative to such costs, charges, or expenses; and any person who on such examination on oath, or in any such affidavit, shall wilfully or corruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury.

6. Taxing officer empowered to call for books and papers.—That the said taxing officer shall be empowered to call for the production of any books or writings in the hands of any party to

See p. 293, ante, where the proposed fees are stated, since ordered by the house.-ED.

New Statutes.-Lawyers in the New Parliament.

341

bill of costs, charges, and expenses, the court confess judgment in such action to that amount: or judge before whom the same shall be brought Provided always, that if such defendant shall shall stay all proceedings thereon until the have pleaded that he is not liable to the payamount of such bill shall have been duly cer- ment of such costs, charges, and expenses, such tified by the speaker as herein-after provided: certificate shall be conclusive only as to the Provided always, that no such application shall amount thereof which shall be payable by such be entertained by the said taxing officer if made defendant in case the plaintiff shall in such acby the party charged with such bill after a ver- tion recover the same. dict shall have been obtained or a writ of in- 10. Construction of certain words in this act. quiry executed in any action for the recovery -That in the construction of this act the word of the demand of any such parliamentary agent, "month" shall be taken to mean a calendar attorney, or solicitor, or the executor, adminis- month; and every word importing the singular trator, or assignee of such parliamentary agent, number only shall extend and be applied to attorney, or solicitor, or other person, or after several persons, matters or things, as well as the expiration of six months after such bill shall one person, matter, or thing, and every word have been delivered, sent, or left as aforesaid: importing the plural number shall extend and Provided also, that if any such application shall be made after the expiration of six months as aforesaid, it shall be lawful for the Speaker, if he shall so think fit, on receiving a report of special circumstances from the said taxing officer, to direct such bill to be taxed.

be applied to one person, matter, or thing, as
well as several persons, matters, or things; and
every word importing the masculine gender
only shall extend and be applied to a female as
well as a male; and the word "
"shall
person
extend to any body politic, corporate, or col-
legiate, municipal, civil, or ecclesiastical, aggre-
gate or sole, as well as an individual; and the
word "oath" shall include affirmation in the
case of Quakers, and any declaration lawfully
substituted for an oath in the case of any other
person allowed by law to make a declaration
instead of taking an oath; unless in any of the
cases aforesaid it be otherwise specially pro-
vided, or there be something in the subject or
context repugnant to such construction.

11. Form of citing the act.-That in citing this act in other acts of parliament, and in legal and other instruments, it shall be sufficient to use the expression "The House of Commons Costs Taxation Act, 1847."

LAWYERS IN THE NEW PARLIAMENT.

9. Taxing officer to report to the Speaker. If either party complain of report, they may deposit a memorial, and the Speaker may require a further report. If no memorial deposited, Speaker may issue certificate of the amount found due. Certificate to have the effect of a warrant to confess judgment.-That the said taxing officer shall, if required by either party, report his taxation to the Speaker, and in such report shall state the amount fairly chargeable in respect of such .costs, charges, and expenses, together with the amount of costs and fees payable in respect of such taxation as aforesaid; and within 21 clear days after any such report shall have been made either party may deposit in the office of the said taxing officer a memorial, addressed to the Speaker, complaining of such report or any part thereof, and the Speaker may, if he shall so think fit, refer the same, together with such report, to the said taxing officer, and may require a further report in relation thereto, and on receiving such further report may direct the said taxing officer, if necessary, to amend his report; and if no such memorial be deposited as aforesaid, or so soon as the matters complained of in any such memorial shall have been finally disposed of, the Speaker shall, upon application made to him, deliver to the party concerned therein, and requiring the same, a certificate of the amount so ascertained, which certificate shall be binding and conclusive on the parties as to the matters our learned friends, and there are none in comprised in such taxation, and as to the amount of such costs, charges, and expenses, and of the costs and fees payable in respect of such taxation, in all proceedings at law or in equity or otherwise; and in any action or other proceeding brought for the recovery of the amount so certified such certificate shall have the effect of a warrant of attorney to confess judgment: and the court in which such action shall be commenced, or any judge thereof, shall, on production of such certificate, order judgment to be entered up for the sum specified in such certificate in like manner as if the defendant in any such action had signed a warrant to

THE elections in the cities and boroughs being terminated, we presume that the fate of all or nearly all the professional candidates has been decided. It has rarely been the good fortune for a lawyer, or at all events a practising one, to represent a County. The memorable instance of Mr. Brougham's return for the great county of York was a splendid exception, Without waiting, therefore, for the county elections, we shall proceed to reckon the number of

whose success we do not cordially rejoice. We have only to wish that they may fulfil their duty, both to their constituents and their profession!

a

Of the members of the bar, the following is list of those who served in the late and have been re-elected for the new parliament: Aglionby, H. A., Cockermouth.

Bernal, R., Rochester.

Buller, C., Q. C., (Judge Advocate,) Liskeard.
Cabbell, B. B., Boston,
Cardwell, E., Liverpool.

342

Lawyers in the New Parliament.-Defects in Modern Acts of Parliament.

[blocks in formation]

Talfourd, T. N., Q. S., Reading.a
Tancred, H. W., Q. C., Banbury.
Thesiger, Sir F., Knt., Q. C., Abingdon.
Walpole, S. H., Q. C., Midhurst.

Practising Barristers not before in parliament, now returned:

Baines, M. T., Q. C., Northern Circuit, Hull. Brockman, E. D., Recorder of Folkstone, Hythe.

Cockburn, A. E., Q. C., Western Circuit,
Southampton.

Evans, John, Q. C., Haverfordwest
Headlam, T. E., Equity Bar, Newcastle.
Hildyard, R. C., Q. C., Northern Circuit,

Whitehaven.

Jervis, J. J., Equity Bar, Horsham.
Martin, Samuel, Q. C., Northern Circuit,
Pontefract.

Palmer, R., Equity Bar, Plymouth.
Turner, Geo., Q. C., Equity Bar.
Whateley, W., Q. C., South Shields.
Wilcock, J. W., Equity Bar.

Gaselee, Serjeant, Home Circuit.
Glover, Serjeant, Oxford Circuit.
Humfry, L. C., Q. C., Midland Circuit.
Payne, William, Home Circuit, London.
Parry, J. H., Home Circuit.
Phillimore, J. G., Oxford Circuit.
Pendergast, M., Norfolk Circuit.

Rolt, J., Q. C., Equity Bar, Stamford.
Shee, Serjeant, Home Circuit, Marylebone.
Symons, J. C., Oxford Circuit.
Warren, Samuel, Finsbury.

Barristers in the last or former parliament,

now unsuccessful:

Bodkin, W. H., Home Circuit, Rochester.
Escott, B, Winchester.

Freshfield, J. W., London.

Kelly, Sir F., Cambridge.

Roebuck, J. A., Northern Circuit, Bath.
Solicitors withdrawn or unsuccessful:
Harvey, D. W., Marylebone.
Wilks, J., St. Albans.
Wire, D. W., Boston.

DEFECTS IN MODERN ACTS OF
PARLIAMENT.

-

The Times of the 22nd July has some very able and just remarks on the mischiefs of modern act-of-parliament-making, which it says, are becoming so positively intolerable, that something effectual must be done to remedy them :

"We have had," says the editor, "various tinkering endeavours to remedy them, but, so far as we can observe their effects, the result has been to make confusion worse confounded. "The introduction of 'interpretation clauses'

Practising Solicitors, or who have formerly has tended somewhat to the shortening of the

practised, and have been re-elected:

Benbow, J., Dudley.

Blewitt, R. J., Monmouth.

Grimsditch, Thomas, Macclesfield.
Neeld, J., Chippenham.

Practising Solicitors not before in parliament, now returned:

Bremridge, R., Barnstaple.
Cobbold, John Chevalier, Ipswich.
Hodgson, T. H., Carlisle.
Pearson, Charles, Lambeth.

Barristers not before in parliament who have appeared as candidates, but withdrew from the contest, or have been unsuccessful:

Bethell, Richard, Q. C., Equity Bar.
Butt, G. M., Q. C., Western Circuit.
Chambers, T., Home Circuit.
Cobbett, J. P., Oldham, Northern Circuit.
Crowder, R. B., Q. C., Western Circuit.

The Queen's Ancient Serjeant is placed in this List, having formerly been in parliament, though not in the last.

language of acts of parliament; but on the other hand, it has led to grave difficulties in giving a consistent construction to various sections of the same act, to increased litigation as a consequence, and to a greater laxity in the language of acts.

"The consolidation acts' have done far more towards securing one sort of brevity—that which concerns copying-clerks and printers; but, not improbably, at least as much more towards augmenting those difficulties and adding to litigation. The defunct Health of Towns Bill seems to have opened the eyes of our representatives to the rapid approach which we are making to inextricable confusion, when a question as to the effect of one of its clauses led to the explanation that it would embody in that bill nearly 800 sections of several other acts. The house came to a stand-still at once; for, in all likelihood, there were not a score of its members aware that they were merely about to do for towns in general that which they had been unconsciously doing, perhaps on the same day, for towns in particular.

"Take a bill of the present session for the improvement of any given town. The number

« AnteriorContinuar »