88 Parliamentary Proceedings.-Notes of the Week.-Editor's Letter Box. articles of clerkship; and that they are not admitted to the examination until sufficient proof of such service, during the whole time required by the statute, has been adduced. If however, the articles expire before the end of the term, they are allowed to be examined conditionally, and the certificate will be delivered on producing evidence of the completion of the service. For amending the several Acts for the Regulation of Attorneys and Solicitors. Mr. Tooke. For the better regulation of the Offices of Sheriff, Undersheriff, Deputy Sheriff, and Bailiff. Mr Tooke. Sheriffs' Courts-To extend the 3 & 4 W. 4, c. 42," for the further Amendment of the Law, and better Administration of Justice." Captain Pechell. The Examiners have decided in no less For the better Registration of Voters. than ten cases, where no documents of serThe Attorney General. vice had been left at the Law Society, that Prisons Regulations..... .Mr. Fox Maule. the parties must apply to the Court for For facilitating the Recovery of the Posses- permission to be examined-the Rule of sion of Tenements after the determina-Court being imperative, and leaving on this tion of the Tenancy ...... Mr. Aglionby.point no power to the Examiners of disFor restraining and regulating the holding pensing with the directions it contains. of Benefices in Plurality, and amending the Laws relating to the Residence of the Clergy. Offences punishable by Transportation for Life. Abolishing the punishment of death in cases of forgery. Offences against the person. Robbery and stealing from the person. Crime of Piracy. Burning or destroying Buildings and Abolishing the punishment of Death in Abolishing the punishment of the Pillory. cords, A question has arisen whether a person admitted in the Common Pleas at Lancaster, can be admitted in the Superior Courts at Westminster without examination? By the terms of the rule, we think he cannot. The 1st section directs, that "no person shall be admitted to be sworn an attorney of any of the Courts, except on production of a certificate signed by the major part of such Examiners, &c." We understand there are 104 candidates for examination on Monday next. ADMISSION OF ATTORNEYS. GENTLEMEN applying to be admitted in the King's Bench are requested to leave the Judges' fiat, together with their affidavits, at the Master's Office, Paper Buildings, Temple, before seven o'clock in the evening of the day next preceding that on which they intend taking the oaths in Court. The To allow certain expences on Coroners In-Office will be open from six to eight in the quests. The Solicitor General. To explain the Marriage, and Registration Acts evening. THE EDITOR'S LETTER BOX. We have now completed the arrangements for a Country Stamped Edition of the Legal Observer, and it will be commenced on Friday Evening, the 9th June. Such Subscribers as desire it by the Post, will please to give their directions accordingly. The price of the stamped edition will be 7d. The work will, in all other respects, remain the same; and the London subscribers, and those who can receive it by the Booksellers' parcels, may continue it at the same price and in the same form as heretofore. A Second Edition of Rouse's Practical Man, with important additions, is now in the press, and will be published in a few weeks. The letters of F. R.; Philonomus ;" H. W.; and "A Common Law Clerk," will be attended to. The Legal Observer. SATURDAY, JUNE 10, 1837. Quod magis ad Nos Pertinet, et nescire malum est, agitamus. HORAT. COUNTRY ADMINISTRATION OF A BILL has just been introduced by the Government, in the House of Commons, which is intended to make very considerable alterations in the present mode of administering the bankrupt law in the provinces. readers, more especially our country readers; to its provisions, which are as follows: The bill states in the preamble that complaints have been made that property to a considerable amount belonging to the estates of bankrupts has not been collected under commissions or fiats in bankruptcy, which have heretofore issued and been directed to commissioners in the country, or if collected, has not always been applied to the use of the persons entitled to the same; and that the usual pro tuted by creditors except at great expense, by reason whereof such property may be misapplied. It is therefore proposed to be enacted as follows: Our readers are well aware that by the 1 & 2 W. 4, c. 56, the seventy town com-ceedings to recover the same cannot be instimissioners were reduced to six, and the Bankruptcy business (except by way of appeal) transferred from the Court of Chancery, to a Court constituted to receive it— 1. Appointment of District Commissioners.— the Court of Review. The Commissioners' That the Lord Chancellor may issue from Courts have answered the objects intended: time to time as to him may seem proper, by inthe Court of Review has not, and will pro- strument in writing under his hand, one or more commission or commissions, each dibably not be continued beyond the lives of rected to some one commissioner, being one its present Judges. By the bill to which of the commissioners of the Court of Bankwe allude, it is proposed to extend the Com-ruptcy, or being a person qualified to be a commissioners' Courts to the country, and for this purpose the Lord Chancellor is authorized to direct commissions to one commissioner, being one of the Commissioners of the Court of Bankruptcy, or, "being a person qualified to be a commissioner of that Court," that is to say, by the 1 & 2 W. 4, c. 56, s. 1, a barrister of seven years' standing; or of four years' standing at the bar, and three years' previous practice as a special pleader below the bar, to act for such county or counties, district or districts, as the Lord Chancellor shall see fit; a registrar, and an official assignee are to accompany him, and business is to be conducted as in a town commission. We presume that this bill is not introduced with the view of its passing in the present session, but with the intention of bringing it before the country, and obtaining the opinion of professional men upon it. We therefore call the attention of our VOL. XIV, No. 402. missioner of that Court, to act for such county or counties, district or districts, as to the Lord Chancellor may seem fit; and it shall be lawful for the Lord Chancellor to name one fit his registrar, and one or more person or perperson to attend each such commissioner as sons to act as official assignee or assignees to such commissioner; and such commisioner so to be appointed shall be and he is hereby authorised to examine the proceedings under any commission or fiat in bankruptcy already issued or hereafter to be issued, and to proceed in the discovery of property belonging to any bankrupt's estate within the district to which such commission may extend, and to ascertain what part of such estate has been received, and how the same has been applied, and what dividends have been ordered, and what payments have been made thereon; and for these purposes for the purpose of compelling the attendance such commissioner shall possess all the powers of bankrupts, witnesses, solicitors, and other officers, and for examining them on their oaths; and all powers of committal and other powers which are now possessed by the major part of G 90 Country Administration of Bankruptcy. the commissioners to whom any such commission or fiat may have been directed, or which would have been possessed by them in case such commissioners were now in existence, and such commission or fiat were in a course of prosecution. 2. That every commissioner appointed under the powers of this act, shall from time to time report to the Lord Chancellor the nature and result of any proceedings taken by him by virtue of any such commission, and the Lord Chancellor may thereupon order any monies which any such commissioner may find to have been received or which may be received under any commission or fiat to be paid into the Bank of England in the name of the accountant in bankruptcy to the credit of an account to be intituled, "The Country Bankrupts' Account," subject to the order of the Lord Chancellor, who is hereby authorised to make such order for the distribution thereof or otherwise in relation thereto as the exigency of the case may require. signee, in such manner as is prescribed by the said before-mentioned act with respect to official assignees therein mentioned; and such official assignees shall have full power and authority to sell and convert the same into money, and to collect in the same as to him shall seem fit. 5. That every such official assignee shall be remunerated for the trouble and expenses attendant upon the duties of his office out of the estate of any bankrupt committed to his charge, in such manner and to such extent as shall be prescribed by any general rule or order of the Court of Review, to be approved and sanctioned by the Lord Chancellor. 6. Allowance to Commissioners.-That there shall be paid to every commissioner and every registrar acting under the powers of this act, for the period during which he shall so act, the sums of money hereinafter mentioned; (that is to say) to every commissioner not being a commissioner of the Court of Bankruptcy, a sum at the rate of twelve hundred pounds per annum for the period during which he shall be so employed; and to every commissioner of the Court of Bankruptcy at the rate of five hundred pounds per annum for the period during which he shall be so employed, in addition to his salary as such commissioner of the Court of Bankruptcy; to every registrar not being a registrar or deputy registrar of the Court of Bankruptcy, a sum at the rate of five hundred pounds per annum for the period during which he shall be so employed; and to every registrar or deputy registrar of the Court of Bankruptcy, a sum at the rate of two hundred pounds per annum for the period during which he shall be so employed, in addition to his salary as such registrar or deputy registrar of the Court of Bankruptcy. 7 That, in addition to the said salaries, there shall be paid to every such commissioner and registrar, as and for his travelling and other needful expenses under this act, such sum of money as the Court of Review by any order of the said Court may direct. 3. Official assignees.-That it shall be lawful for any commissioner to be nominated as aforesaid to appoint some one fit and proper person, either alone or jointly with any creditor's assignee or assignees, as to such commissioner shall seem meet, to act as official assignee for the estate of any bankrupt against whom any commission or fiat shall have issued or shall hereafter issue within the district of said commissioner, and as to whose estate the said commissioner may think that an official assignee ought to be appointed; and from and after such appointment all the personal estate and effects and the rents and profits of the real estate, and the proceeds of the sale of all the estate and effects real and personal of the bankrupt, shall in every case be possessed and received by such official assignee alone, save where it shall be otherwise directed by such commissioner; and all stock in the public funds or any public company, and all bills, notes and other negotiable instruments, shall be forthwith transferred, delivered, remitted and paid by such official assignee into the Bank of 8. Fees. That there shall be paid out of the England, to the credit of the accountant in estate of every bankrupt the sum of five pounds bankruptcy, to be subject to such orders, rules, for every meeting or adjourned meeting in the and regulations for the keeping of the account affairs of such bankrupt held by any commisof the said monies and other effects, and for sioner acting under this act; which sum shall the payment and delivery in, investment and be received by the registrar acting under such payment and delivery out of the same as the commissioner, from the official or other asCourt of Review by any general order to be signee or assignees of such estate, and be by made with the approbation of the Lord Chan- him paid into the Bank of England in the cellor shall direct, and if any such assignee name of the said Accountant in Bankruptcy. shall neglect to make such transfer, delivery to the credit of the said account, intituled, or payment, every such assignee shall be liable" The Secretary of Bankrupts' Account." to be charged in such manner as by an act passed in the first and second years of the reign of his present Majesty, intituled "An Act to establish a Court in Bankruptcy," is directed or provided in cases of neglect by assignees to invest money in the purchase of exchequer bills when directed so to do. 4. That all real and personal estate of any bankrupt or bankrupts shall from and after the appointment of any official assignee to any such bankrupt's estate be vested in such as 9. Salaries and Expenses.-That the Lord Chancellor may order that all sums payable to any such commissioner or registrar for salaries or expenses aforesaid, shall be paid out of the monies in the Bank of England, now or hereafter to be standing in the name of the Ac-. countant in Bankruptcy, to the account, intituled, "The Secretary of Bankrupts' Account." 10. Returns.-That the Lord Chancellor shall once in every year cause a return to be Country Administration of Bankruptcy. 91 14. Official Assignees.-That wherever an official assignee sues or is sued jointly with the assignee or assignees chosen by the creditors, he shall not be liable to pay costs to the opposite party or to the solicitor or attorney employed by the assignees, but that the assignees or assignee chosen by the creditors shall alone be liable to pay such costs. made to the House of Commons, specifying authorized to be received by the first schedule therein the amount of the sums reported by of fees contained in the act passed in the first each commissioner appointed under the powers and second years of the reign of his present, of this act, and the sums paid to or retained Majesty, intituled, "An Act to establish a by any such commissioner or registrar, or any Court in Bankruptcy," shall no longer be reofficial assignee or other officer acting under tained by the Secretary of Bankrupts for his him, for remuneration or expenses. own use, but shall be paid by him into the 11. Taxing Officers.-That so much of the Bank of England, to the credit of the Acact passed in the sixth year of his late Ma-countant in Bankruptcy, to the account injesty King George the Fourth, intituled," An tituled, "The Secretary of Bankrupts' AcAct to amend the Laws relating to Bank-count," and be applicable to all the purposes rupts," as relates to ascertaining costs and set- of the said account. tling bills of fees or disbursements of any attorney or solicitor, by the commissioners or by a master in Chancery, shall be and the same is hereby repealed; and that the Lord Chancellor may appoint one or more of the registrars or deputy registrars of the Court of Bankruptcy, or such other person or persons as he may think fit, to tax all the bills of costs under commissions or fiats in bankruptcy not prosecuted in the Court of Bankruptcy, and that such person or persons so appointed shall be called the "Taxing Officer or Officers in matters of Bankruptcy;" and every attorney or solicitor who may produce any bill of costs to be taxed by any such taxing officer shall pay to such taxing officer for taxing the same, such sum as the said Court of Review may from time to time by any general order with the approbation of the Lord Chancellor direct; and if any creditor of any bankrupt shall be dissatisfied with any settlement of bills of costs heretofore taxed or allowed by the cominissioners in any bankruptcy not prosecuted in the Court of Bankruptcy, it shall be lawful for 15. Commissioners' Power to Commit.-That every commissioner of the Court of Bankruptcy, and every commissioner to be appointed under this act shall have full power, and he is hereby authorized to commit to custody in any prison for any term not exceeding one month any person who shall be guilty of any riot or disturbance in any Court held by such commissioner, or who shall interrupt or obstruct the said commissioner in the exercise of his duty. 16. Powers to Lord Chancellor to extend to Lord Keeper and Lords Commissioners. CONVEYANCERS. the Court of Review, on application of such AN ACCOUNT OF SOME EMINENT creditor, to order such bills of costs to be retaxed by one of such taxing officers; and no solicitor or attorney shall demand, sue for, or receive payment from any assignee or assignees of any bankrupt's estate of any bill of costs for business done or to be done by him in any matters relating to bankruptcy or the estates of bankrupts, without first obtaining thereto the allocatur of one such taxing officer; nor shall any commissioner or commissioners allow any item or charge for any payment made in respect of any such business in auditing the accounts of any assignee or assignees without the production of such allocatur. WE extract the following interesting account of some Eminent Conveyancers who have flourished since the time of Charles the First, from the first part of the second volume of Mr. Martin's Conveyancing-the first part of the first volume of which we have already noticed : "No one holds a more conspicuous station in the annals of conveyancing than Sir Orlando Bridgman, emphatically styled by Mr.Serjeant 12. Accountant in Bankruptcy. That the Hill the Father of Conveyancers. Adhering Lord Chancellor, if to him it shall appear neto the cause of Charles I., he was involved in cessary, may appoint one or more additional the disasters of those troublous times; and, clerk or clerks and one or more messenger or during the commonwealth, betook himself to messengers in the office of the said accountant; a sedentary way of life, and practised as a conand in addition to the annual sum of one veyancer. He became the great oracle, not thousand pounds now allowable to the clerks only of his fellow sufferers, but of the whole of the accountant in bankruptcy, to defray nation, in matters of law; his very enemies the charges of stationary and other expences not thinking their estates secure without his of the said office, to order the payment in any advice.' His select precedents of deeds and one year of any sum or sums for the salaries instruments concerning the most considerable of the said clerks and the discharge of such estates in England, drawn and approved by expenses as to him may seem proper, provided him during that period, were published in a that such sum or sums do not in the whole ex-folio volume in 1682. After the restoration, ceed in any one year the sum of one thousand Sir Orlando was raised to the place of Lord five hundred pounds. Chief Justice of the Common Pleas, where he 13. Surplus Fees.-That the surplus fees distinguished himself as a Judge of profound 92 An Account of some Eminent Conveyancers. learning and extensive industry. Such at of Conveyancers. Disdaining or incapable of least is the testimony of Lord Ellenborough. His judgments in the Common Pleas, from Michaelmas Term 1660, to Trinity Term 1667, edited from the Hargrave MSS. by Mr. Bannister, were published in 1823 Upon the removal of Lord Clarendon, the seals were given to Sir O. Bridgman; but, according to Burnet, his study and practice had lain so entirely in the common law, that he never seemed to apprehend what equity was. He was a man of great integrity, but wanted decision and firmness of mind. He laboured very much,' says Roger North, one of the mostinteresting and unprejudiced writers of that time, to please every body; and that is a temper of ill consequence in a Judge. It was observed of him, that if a cause admitted of divers doubts, which the lawyers call points, he would never give all on one side, but either party should have somewhat to go away with.' Having lost all credit at Court, chiefly from not being sufficiently compliant, an occasion was soon found, or made, for his dismissal; and having refused, in 1672, to sanction a royal declaration for suspending the execution of some penal laws-an act considered by him to be contrary to law-the seals were soon afterwards taken from him, and given to Lord Shaftesbury, who was suspected to have gained the place of his predecessor by undertaking to do whatever he had refused." After mentioning some of the older works on Conveyancing Forms, Mr. Martin continues thus: the precision of Pigot, he introduced a prolixity into conveyancing, which long continued to infect our legal instruments. The Shelley settlement, prepared in 1791, after a previons comparison of seven of the best of Mr. Booth's, and settled after a minute attention to every word by Mr. Fearne, furnishes a fair specimen of the plan and language of Mr. Booth. He was not the author of any treatise, but his written opinions were given at great length, and are very elaborate: several of them were printed in the Opinions of Eminent Counsel,' published in 1791. "A celebrated contemporary of Mr. Booth was Ralph Bradley, who, for upwards of half a century, practised at Stockton-upon-Tees with great success. He managed, it is said, the concerns of almost the whole county of Durham; and though a provincial counsel, his opinions were every where received with the greatest respect. His drafts, like those of Booth, were prolix to excess. His practical notes dictated to one of his pupils, Mr. Hoare, afterwards Recorder of Durham, were collected and arranged by Mr. Frank, a distant relative, and published after Bradley's death, under the title of Points in Conveyancing.' This is the only publication that bears his name. Bradley, though he lived in a style approaching, it is said, to magnificence, accumulated a considerable fortune, the bulk of which he bequeathed to trustees, in trust to be from time to time for ever applied in the purchasing and distribution of such books as might have a tendency to promote the interests of virtue and religion, and the happiness of mankind An amicable suit having been instituted for carrying this trust into effect, Lord Thurlow, to the surprise of every one, set aside the will for uncertainty thus affording a striking illustration of what has been often remarked, that expressions clear to the writer himself, who has the advantage of knowing his own meaning, are not necessarily intelligible to others. Distinctness of conception does not always produce distinctness of "Among modern conveyancers, few have attained greater eminence than Nathaniel Pigot, who was justly distinguished, not only as a profound lawyer, but as a draftsman of the most consummate skill. Debarred, by the statute 7 & 8 W. 3, in common with other Roman Catholics, from all forensic practice, he employed himself solely as a conveyancing counsel. In 1739, he published a treatise on Common Recoveries; it confirmed the general opinion of his acquirements, and long con-expression. tinued to be the best text book on that very difficult and complicated subject. An enlarged edition of this work was given by Mr. Serjeant Wilson in 1770. Besides the treatise on Recoveries in 1739, Mr. Pigot published, in the same year, an excellent collection of Precedents in Conveyancing, chiefly drawn by himself. Compared with others of that time, Mr. Pigo's forms are eminently concise. Mr. Pigot was succeeded by James Booth, whom Butler calls the Patriarch of the modern School of Conveyancing. Persuaded by Mr. Murray, afterwards Lord Mansfield, one of his earliest and best friends, to establish himself in the metropolis, he soon acquired considerable practice, and rose to distinguished eminence. Equal to his predecessor in a knowledge of the laws of real property, he perhaps excelled him in his views, which were both clear and extensive, of the actual working of the Statute of Uses-the Magna Charta The most eminent conveyancer, however, of this period was undoubtedly Charles Fearne. He was something more. He was a general scholar; had composed a treatise in the Greek language on the Greek accents, and another on the Retreat of the Ten Thousand; and was profoundly versed in mathematics, chemistry, and mechanics. These pursuits, however congenial to his capacious mind, be resolved to abandon, and to dedicate himself wholly to the study of the law. He burned his profane library, and wept over its flames. "Mr. Fearne's first publication was an Historical Legigraphical Chart of Landed Property in England, which appeared in 1769. It is a kind of analytical table, displaying in one view the tenures, mode of descent, and power of alienation of land, from the time of the Saxons to the present era. This ingenious and accurate performance was followed by the celebrated Essay on the learning of Contingent |