« ElőzőTovább »
ESQ., Q. C.
MEMOIR OF WILLIAM SELWYN, fortune to the amelioration of the condition of the working classes, especially by laying the foundation of a mechanics' institution, THIS learned member of the English Bar, and by keeping up a friendly and Christian died at Tonbridge Wells on the 25th July, at intercourse with his poorest neighbours. the advanced age of 81. He was the second The learned gentleman retained his bodily son of William Selwyn, Esq,, a Bencher of and mental vigour until very near the end It was deLincoln's Inn. In 1797 he had gained the of his long and useful career. distinction of First Chancellor's medallist at lightful to witness the activity of a man, Cambridge, when a member of St. John's who was one of the best classics of his day, College. In the same year he was admitted in diffusing knowledge among the children as a student at Lincoln's Inn, of which his of the Richmond cottagers. The tedium father happened at the time to be treasurer. of his old age was cheered by frequent He was called to the Bar in 1807. About social intercourse, and enlivened by the six years afterwards, he, jointly with Mr. constant study of his favourite classics. He Maule, became the reporter of cases decided was fond of gardening, and entered with in the Court of King's Bench, of which six gaiety and affability into the games and volumes were published under the familiar amusements of children. In person, Mr. title of "Maule and Selwyn." About this Selwyn was rather above the average stature. time the Profession had no other guide for His countenance, though "sicklied o'er its practice at Nisi Prius than the excellent, with the pale cast of thought," was rebut antiquated "Buller's Nisi Prius," pub-markably handsome,-his features wearing lished about 1767. Mr. Selwyn found an expression of urbanity and refinement time, amidst his other avocations, to apply that were characteristic of the man. himself to the task of composing an entirely Although he never enjoyed the pre-eminew treatise on the subject. Selwyn's nent position to which he was entitled, as Nisi Prius" has been the circuit companion an advocate in Westminster Hall, yet he of every lawyer for the last 40 years. The took his fair share of sessions and circuit 11th edition was recently published by the business. He spoke calmly, clearly, and venerable author, having been greatly aided correctly, and often illustrated his arguin the work by his son, Mr. Selwyn, of ments by a felicitous quotation from the Lincoln's Inn, and Mr. W. G. Romaine, of classical stores at his command. It is 35 the Inner Temple, the present Deputy Judge years since his argument of a case at the Advocate in the Crimea. Bar of the Court of King's Bench, which This edition was dedicated to his Royal turned entirely upon circumstantial eviHighness Prince Albert, with whom the dence. Relying upon the fact that the aclearned advocate had, it is understood, read cused had shortly before the commission of constitutional history shortly after the the serious offence exhibited an ease and a Prince's arrival in this country. Mr. Sel- serenity quite incompatible with the prewyn became King's counsel in 1827, whilst meditation of a crime, he appealed to the Lord Lyndhurst held the Great Seal, and knowledge of human nature, derived from for a long period held the recordership of history and experience, in confirmation of Portsmouth. He was of the same family his view of his client's innocence,―remindas the celebrated George Selwyn, the wit, ing the learned Judges of the words of and the man of fashion, whose memoirs have Shakespeare: been published by Mr. Jesse, and of which a delightful review appeared in the Edinburgh Review for July 1844. The earlier ancestor of the Selwyn family was Colonel Selwyn, of Gloucestershire, who had been aide-de-camp to the Duke of Marlborough. Two of his sons have attained distinction, the one at the Chancery Bar, and the other At this distance of time are remembered in the Church, as the energetic and devout the gracefulness of the delivery, and the Bishop of New Zealand, whose recent uni- pleasure with which the recital was listened versity discourses have lately attracted at- to by a crowded auditory, then assembled in the antique Court at the upper end of tention, and won admiration for their moderation and good sense, combined with Westminster Hall.1 much piety and learning. The late Mr. Selwyn resided at Richmond, in Surrey, where he devoted much of his leisure and
"Between the acting of a dreadful thing,
This memoir has appeared in a Morning Paper; we re-publish it here with the assent of our learned friend, the writer.
AUG. 11, 1855.]
Law of Costs.-Professional Fees in Scotland.
petitions in services; and tutorial and cu-
If in the English language, first
If in Latin, first sheet
2. Memorials, cases, inventories, (except those specified above,) and other papers not chargeable as deeds.
PAYMENT OF, WHERE FUND PAID INTO COURT UNDER TRUSTEES' RELIEF ACT. A TESTATRIX gave a legacy of 100%. to her nephew, Mr. Thomas Turner, of Regency Square, Brighton. It appeared that the Christian name of the nephew living there was James, and that her other nephew was the Rev. Thomas Turner, and lived elsewhere. On extrinsic evidence being admitted upon a petition presented by Thomas Turner for pay-tion, ment out of the legacy which had been paid in under the 10 & 11 Vict. c. 96, James Turner was held entitled. All parties except the executors joined in asking that the costs should be paid out of the general estate of the testatrix, and not only out of the fund in Court, or that the Court would direct a bill or claim to be filed in order so to raise such costs.
In re Sharpe's Executors, 15 Sim. 470, and In re Bartholomew's Will, 13 Jur. 380, were cited.
The Vice-Chancellor Wood said, that he thought the executors might take their costs out of the residue, and that he was very unwilling to increase the costs by ordering a bill or claim to be filed; but he thought it so great a hardship that they should be thrown upon the fund in Court, that he would consider whether or not he should order a suit to be instituted. The residuary legatees meanwhile might see whether they had not better pay these costs.
His Honour afterwards said, that he thought the costs of all parties, except the executors, must come out of the particular fund by force of the provisions of the Trustee Relief Act, and that he was not justified in directing a suit to be instituted; the principle on which costs occasioned by the testator's mistake were paid out of the residue being that the estate could not be administered without determining the question; but now that the executor could pay the fund into Court, he was able to administer the estate on such payment. In re Feltham's Trusts, 1 Kay & J. 528.
. £0 6 0 0 4 0 the deed is prepared by agent for grantee, Where there are two parties to the transacand paid for by grantor.
Indentures written by agent for master, and paid for by apprentice.
be charged in complex cases according to the Going through and arranging title-deeds to time occupied, besides the regulation fees of drawing the inventories.
II. Fees relating to Sale of Heritable Subjects. 3. Articles of roup.
Charged according to length, suprà, 1.
4. Where it is provided that purchaser shall
£1 1 0
nutes of preference.
Where no sale takes place, attendance and
If there be no bond for the price one-half of the ad valorem fees of a disposition; if there be a bond for the price regulation fees.
vised by purchaser's agent, half fees for revis-
One-half of ad valorem fees of disposition. To be drawn by seller's agent and paid by purchaser.
To the purchaser's agent, for drawing the where the price does not exceed 2,000l., for each deed, and final revision and adjustment of it, 100l. or part of 100l., a fee of
The price exceeding 2,000l., but not exceeding 5,000l.-the above rate for the first 2,000l., and for every additional 100l..
0 5 3
The price exceeding 5,000l.-the above rates for the first 5,000l., and for every additional 1,000l. 1 11 6 Besides regulation fees for drawing the deed, according to the length.
To the seller's agent, for revision of the deed and adjustment of it, one-half of the above fees ad valorem only.
The purchaser's agent draws the deed.
The seller's agent revises it.
The fees of drawing, engrossing, stamps, and inventory of writs, payable to purchaser's agent by seller; fees for revising payable to seller's agent by purchaser.
III. Fees of Grants from Subject Superiors. 8. Original feu-charters.
To be charged according to the rate payable to the purchaser's agent in a disposition, (sup. 7,) estimating the price or sum paid, but if no price paid, 20 years' purchase of the feu-duty to be taken as the value of the subjects.
The superior's agent draws the deed-the vassal pays for it.
9. Contracts of feu, contracts of ground annual, building leases and bilataral deeds of this class.
The same as No 8.
Disponer or superior's agent draws the deed -the whole expenses, including fees of revising, where deeds revised to be equally divided between the parties.
10. Charters by progress, and precepts of Clare Constat, where the subject is an irredeemable right.
If the value of the property, (estimated at 20 years' purchase of the present rent or feuduty payable to the grantee, or of the annual value, if the property be in the natural possession of the grantee,) shall not exceed 1,000l., regulation fees. If it shall exceed 1,000l., onethird of the fees ad valorem payable to the purchaser's agent in a disposition (sup. 7), besides regulation fees, according to length.
But in properties from 1,000l. to 2,000l., the
total charge shall not exceed
£5 5 0
And from 2,000l. to 3,000l. .
amount to more.
Professional rule the same as No. 8.
11. Charters, where the subject is an adjudication, or other redeemable right. The same as No. 10. But as in the case of adjudications, a large estate may be adjudged for an inconsiderable debt, or a small estate for a large debt, it shall be optional to the creditor, whether the fee shall be calculated on the value of the subject, or the sum in the adjudication.
The superior's agent draws the deed-the vassal pays for it.
2s. 6d. per sheet for engrossing in cartulary.
12. Precepts of Clare Constat, writs of ac-
13. Notarial instruments in favour of heir
To be drawn by agent of heir or general disponee, and paid for by them.
IV. Fees of Securities for Money Lent, and
14. Personal Bonds.
For each 100l., or part of 1007., . £0 10 6 15. Heritable bonds and dispositions in security, or venditions in security.
The same as 14, adding the regulation fees of drawing the deed, according to the length.
16. Bonds of annuity, whether personal of heritable.
The same as 15, holding the price paid for the annuity as the amount of the Loan. Besides fees of the bonds 15 and 16, a fee to be chargeable for examining the title deeds according to the length of the progress and consequent trouble.
17. Bonds of corroboration.
Where additional security is given, whether personal or heritable, or where the interest then due is accumulated with the principal, to be charged at one-third of the fees of a personal bond, upon the sum in the bond of corroboration, besides regulation fees, according to the length.
Where the bond is merely granted for the purpose of binding the heir of the original debtor, to be only charged at the regulation fees, according to the length.
For obtaining the loan of money, the borrower's agent to be paid, by his own client, half the sum payable to the lender's agent, for preparing the bond; which includes revisal of the bond.
Where agent acts for both borrower and lender, one-third of the fee ad valorem to be allowed for procuring the loan and meetings and arrangements with lender.
The whole of these to be written by the agent of the grantee, and paid by the grantor. 18. Discharges and renunciations of heritable debts; and discharges of debts constituted by personal bonds or other liquid documents.
Where the sum is under 500l., regulation fees where above that sum double the regulation
To be written by agent of creditor, and paid by debtor, unless otherwise stipulated.
19. Discharges of debts followed by decrees or diligence.
The same as No. 18.
To be written by agent for creditor, and paid for by debtor.
20. Discharges of Legacies.
One-half per cent. of the legacy, if below 2001.-if above that sum, one-half per cent. for the first 200l., and one-fourth per cent. for all
To be prepared by agent for testator's suc cessors, and paid for by legatee.
21. Assignations and translations of personal debts, and conveyances of heritable debts.
Where the transaction is negotiated as a loan,
AUG. 11, 1855.]
Professional Fees in Scotland.
the same fees are chargeable as on an original the one party, and revised by the other, as may bond; where that is not the case, to be charged as renunciations.
To be written by agent of grantee and paid for by debtor.
A revising fee to be paid to agent of granter by the debtor equal to the fees of a discharge.
V. Fees of Family Settlements.
22. Deeds of entail, trust-dispositions and settlements, testamentary deeds and bonds of provision.
The regulation fees, according to the length of the deed, where the value of the property settled does not exceed 500l.; double Regulation fees where the value exceeds 500l. and does not exceed 2,000l.; and treble where it exceeds 2,000l.
In the case of entails and other settlements of landed estates, charges may be made also for attendances and correspondence.
23. Marriage contracts.
To be charged according to the total amount of the jointure and other income, provided and secured to the wife or husband, or both.
Where such income, so provided and secured,
does not exceed in whole 30l.
30l. to 50l. 50l. to 100l. 100l. to 1501. 150l. to 2001.
be arranged between them. The agent who draws the contract to receive the fees payable in the case of a disposition to the purchaser's agent, and the agent who revises to receive the fees in the case of a disposition to the seller's agent; but the total expense to be equally divided between the parties.
28. Contracts of copartnery.
Where the stock of the company is defined, to be charged according to the amount of the stock, as follows:
When the stock is under 500l.
£4 4 0
7 7 Ꮕ
And for every additional 100l.
When the stock is not defined, the deed to be charged at double regulation fees, according to the length.
The deed to be prepared by the agent of any partner as may be agreed on, and the expense divided among the partners according to their interests in the concern.
29. Presentations to church livings.
Drawing the deed, and trouble in transmitting
O to presentee, or to the presbytery, &c. £5 5 0
15 15 0
21 0 0
Or double regulation fees, in the option of the agent.
Where the amount is not known, or where it is for a variety of purposes, to be charged 31. 3s. or double regulation fees.
Each certificate and affidavit to be charged, £0 6 0 for the first sheet 3 0 4 0
And for every additional 100l. or
part of 1001. .
Duplicates, engrossing fees.
Always prepared by agent for landlord.
by the landlord and tenant.
Same as in the case of dispositions. 26. Submissions and decrees arbitral. For each of these deeds 1l. 118. 6d.; regulation fees, additional for each sheet above two, besides the necessary attendance and writing minutes, notes of opinion, &c. by arbiters.
Submissions to be prepared by the agent of the party who is in petitorio and paid equally.
27. Contracts of excambion.
To be charged as dispositions, holding the value of the lands mutually excambed at the price.
The deeds to be prepared by the agent for
But this is not to be understood to apply to If the case where the agent is also a trustee. he has a commission as a trustee, this does not preclude the charge for attendances and correspondence as agent.
33. Revising deeds drawn by others. Half of the fees for drawing.
To be paid in every case to the agent by his own employer.
N. B.-The cases of dispositions, minutes of sale, and bonds for the price, are separately provided for, sup.
VIII. Fees for Copying Papers.
34. For copies of all papers falling under the description of No. 2.
For each sheet of 250 words
But not to be charged both by time and ac6 cording to length.
1 . 0 4 0
IX. Fees of Notarial Business.
Same as personal bonds, according to value of estate as shown by trustee's report.
Limited to 10%. 10s.