Conveyancing Reform and Professional Remuneration. 371 the great majority even of the profession with the instrument was to be one ingredient in us in this matter. More especially we are de- the estimate, now it is to be excluded alsirous of silencing, if possible, the vulgar error, together, and only the skill, labour, and that solicitors are opposed to every amendment of the law, and are keeping up all its abuses responsibility are to be considered. We that they may profit by them. We do not be- shall take a future occasion to consider the lieve that there is any ground for the charge. proper construction of this clause :-obUnworthy exceptions will of course exist; but serving here only, that it will of course be that it applies to the great bulk of that branch liberally considered both by the taxing of the profession we do not believe. Solicitors officer in the first instance and by the judges wish to pursue their profession, or, to use plain in case any question should come before language, to gain their bread, honourably, not them by way of appeal, so that finally the to say honestly. We can find no evidence of any contrary feeling. These bills, which are general rules and principles may be equit said to affect the profits of the profession, have ably established. been permitted to pass without one petition We shall now proceed to notice some of against them-without one voice having been the means by which the proper amount of lifted up to oppose them, what authority then professional fees may be regulated and is there for this false and idle cry? we did, determined. indeed, hear, just before this work was started, In Scotland professional services are reof some projected lawyers' league against the public. Where is it now? such an association munerated partly by the length of the prowould fall to pieces in one little month; and ceedings or instruments, and partly by an they who joined it would do so, we are per- ad valorem allowance. The two principles suaded, not only to the injury of the cause they may be difficult to combine, but we are professed to serve, but to their own certain persuaded that the latter will not alone ruin; for the public is a little too shrewd to afford an adequate standard for the general employ men who are openly banded together business of the profession. In transactions against them. Away, then, for ever with such idle fears and inventions! of a large amount a moderate per centage "But as we have in this instance not hesi- on the sale or mortgage of property might tated to advise a reform of the law, even though be ample, and so it would be for recovering it may interfere with fees; so we shall quite as considerable sums by proceedings at law willingly turn our attention to some professional or in equity, but in the great bulk of proservices which are now inadequately paid; and fessional business it would be insufficient. endeavour to relieve the profession from some In fact, in offices of large practice such a burthens which improperly press on it; and this we shall now be able to do with more effect. mode of compensation might be satisfactory, We may already notice the Documentry Evi- but we apprehend that in the far larger dence Act, and in some respects, the Act for abolishing Outstanding Terms, as acts passed this session, which will materially save the pocket of the client without reducing the fees of the practitioner. We need not expatiate on the beneficial consequences of changes of this nature." number of offices, where the transactions are of small extent, it would not repay the solicitor either for his skill or labour. The scale should be regulated by what is generally and in the larger number of instances the allowance. The rules with reproper In furtherance of the sentiments here spect to costs, like the general principles declared, it will be found that some of government, should apply to the greatest provision has been made for a different system number of ordinary cases, and be adapted of remuneration under the new acts. Thus to the benefit of the largest number of it is provided by the 4th clause of the Real persons. The transactions of thousands of Property Conveyance Act, and the 3rd of individuals should not be regulated by the convenience of units or tens. Besides, it "That in taxing any bill for preparing and is the interest of the public that legal executing any deed under this act, it shall be business should not be thrown into the lawful for the taxing officer, and he is hereby hands of comparatively a few practitioners, required, in estimating the proper sum to be but that it should be diffused amongst charged for such transaction, to consider, not many, and the advantage consists not the length of such deed, but only the skill and labour employed, and responsibility incurred, competition, but by ensuring the transacmerely in thus promoting a due degree of in the preparation thereof." stead of its delegation to assistants, which tion of the business by the principals inin large establishments must be frequently the case. the Leases Act, As the bill originally stood, it was provided, that the taxing officer was not to consider the length only, but the skill, labour, and responsibility. The length of The marginal abstract of the clause so continues in the act. In France also a similar mode of remuneration is adopted. X 2 72 Conveyancing Reform and Professional Remuneration. One of the means of rendering justice to in the expense of administering justice in the honourable practitioner would be by the Court of Chancery, which at present entrusting full powers, and giving sufficient amounts (as the parliamentary returns we directions to the taxing officers in all the have published will show) to not less than courts of law and equity, to allow such 200,0007. annually. It would be no small charges as would fairly remunerate pro- relief if the office fees, which now form so fessional labour, skill, and responsibility, large a part of every bill of costs, were according to the peculiar circumstances of paid out of the Consolidated Fund. Why each case. In the common law courts should the unfortunate suitors, who are much has been done in this respect. The engaged in trying disputed questions masters exercise a liberal discretion on arising out of (it may be) the unavoidable many occasions where the magnitude and imperfection of the laws, be burthened difficulty of a case requires it. This ex- with the salaries of judges, masters, reample should be followed in the Court of gistrars, &c. &c.? It is surely as much the Chancery, and the taxing masters autho- duty of government to provide the people rized and directed to make all due allow- with the means of obtaining justice, as to ances on a liberal principle according to the secure the country from imaginary invaexigencies of the business transacted. sions and distant dangers. If it be proper The masters are doubtless willing to dis- to expend many millions on fleets and charge their duty conscientiously, as well armies, one at least might be appropriated in taxations between party and party as to the administration of civil justice. This between solicitor and client; but in their principle is recognised in criminal proanxiety not to allow too much, they may ceedings, and the commissioners in their sometimes not allow sufficient. In several last report say, that instances, as shown by our reports of cases which have been brought before the court, the judges have almost always decided in favour of the appellants. Justly to appreciate the value of extraordinary services in cases of a peculiar kind, will, no doubt, require much pains and labour, care and judgment. The masters, however, from their extensive knowledge and large experience in the despatch of business, will be able satisfactorily to perform this part of their important duties. They indeed should be considered as the arbitrators appointed to do justice between the parties in all matters relating to the expense of legal proceedings. "It is politic and necessary, as well as just, that the expense and labour of prosecuting malefactors should be defrayed out of public funds, for it is not merely a matter of private interest, but of public concern, that crimes be prevented by the punishment of criminals. It is plain that the cause of justice must suffer if the remuneration in such cases be inadequate, and that the consequence must be, either that the duty of prosecution will not be performed inefficient manner. at all, or will be executed in a careless and If the costs be too much straitened, there is great danger that the management of criminal business will fall into the hands of persons incompetent to the discharge of the duty, and unscrupulous as to the manner of conducting it." Amongst other remedies, we may mention that a total repeal of the taxes on taken for public injuries, and it may be It is true [that criminal proceedings are justice would afford great relief both to litigation; but the judges and officers, and their subordinate establishments in the courts of law and equity, should be paid in the same way as police magistrates and officers. suitors and practitioners. The salaries not proper and reasonable that in seeking reonly of all the judges, but all the officers dress for private injuries, the parties should of all the courts, from the highest to the pay their counsel, their attorneys, and lowest, and all other expenses of adminis- witnesses-a sufficient check on improper tering justice, should be paid out of the taxes generally, and not by the unfortunate suitors. Many eminent authorities may be mentioned in favour of this position. Lord Langdale, we believe, supports it to the full extent we have stated, and Lord Lyndhurst has already expressed his opinion so far as the judicial establishment extends. If we are not mistaken, his lordship was one of the law officers of the crown when the stamp duties on law proceedings were repealed, and we trust he will ere long effect a further improvement We trust that some of our able correspondents will take up the several parts of the subject of professional remuneration, and communicate their views in detail for the consideration of the profession. New Statutes Effecting Alterations in the Law. 373 NEW STATUTES EFFECTING ALTERA- the provisions of this act, as if the same had TIONS IN THE LAW. MORTGAGES FOR DRAINING LAND. 8 & 9 VICT. c. 56. An act to alter and amend an act passed in the 3rd and 4th year of the reign of her present Majesty, Queen Victoria, intituled "An act to enable the owners of settled estates to defray the expenses of draining the same by way of mortgage." [31st July, 1845.] commenced after this act had passed. 3. Tenants by curtesy, trustees, &c. may petition for leave to make permanent improvements in lands in their possession.-And be it enacted, That any person entitled in possession to any land as tenant by the curtesy, or for his own life, or any other life or lives, or for years determinable on any life or lives, or any infant entitled as aforesaid by his guardian or next friend, or any idiot or lunatic entitled as aforemarried woman entitled as aforesaid for her said by the committee of his estate, or any separate use by her next friend, or the husband WHEREAS by the 3 & 4 Vict. c. 55, inti- of any married woman entitled as aforesaid in tuled "An act to enable the owners of settled her right, or any feoffees or trustees for any estates to defray the expenses of draining the charitable (or other) purposes, or any ecclesisame by way of mortgage," after reciting that astical or other corporation aggregate or sole, whereas much of the land in England and or any mortgagee or incumbrancer in fee in Ireland would be rendered permanently more possession of the land mortgaged or incumproductive by improved draining, and never-bered, or any person entitled in fee to any theless, by reason of the great expense thereof, equity of redemption, and in possession of the proprietors having a limited interest in such land mortgaged, shall be at liberty to apply to land were often unable to execute such drain- the High Court of Chancery, by petition to the ing, and that it was expedient, as well for the Lord Chancellor or the Master of the Rolls, more abundant production of food, as for the for leave to make any permanent improvements increased employment of farming labourers, in the land to which such person or corporaand the extended investment of capital in the tion shall be so entitled, or any part thereof, permanent improvement of the soil, that such by draining the same with tiles, stones, or proprietors should be relieved from such dis- other durable materials, or by warping, irrigaability, due regard being had to the interests of tion, or embankment in a permanent manner, those entitled in remainder, it was amongst or by erecting thereon any buildings of a perother things enacted, that it should be lawful manent kind incidental or consequential to for any tenant for life, or for term of years, as such draining, warping, irrigation, or embanktherein mentioned, entitled to any lands in ing, and immediately connected therewith, and England or Ireland, or such guardian or shall in such petition be at liberty to pray that guardians as therein mentioned, to apply by the expense of making any such permanent petition to her Majesty's Court of Chancery or improvement may be made a charge on the Exchequer in England or Ireland for leave to inheritance of the land under the provisions of make permanent improvement in the lands to this act. which he or she should be so entitled, by 4. Such petition to be referred to the master, draining; and by the said act provision is who shall report thereupon.-And be it enacted, made for the charging the cost of such drain- That upon the presentation of any such petition ing on the lands so drained, and otherwise as as aforesaid it shall be lawful for the court, in the said act is mentioned: And whereas the without requiring the attendance of any counsel advantages contemplated by the said recited or solicitor, to refer it to one of the masters of act are diminished by reason of the costs the said court to make all necessary and attending the making such application and proper inquiries, and consider all such_estisuch charge as by the said act is provided; mates and valuations as shall be produced and it is therefore, and for other reasons, expe- before him in relation to the matter of such dient that the provisions of the said act should be repealed, and should be re-enacted, with such modifications, extensions, and alterations as are after mentioned: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lord's spiritual and temporal, and Commons, in this present parliament assembled, and by the authority of the same, 1. Recited act repealed. That, subject to any proceedings under the said recited act which at the time of the passing of this act shall be pending, the said recited act shall be and is hereby repealed. 2. Proceedings now pending may be completed under this act.-And be it enacted, That from and after the passing of this act any proceedings now pending may be completed under petition, and thereupon to report whether in his opinion it will be beneficial to all persons interested in the land that such permanent improvements should be made under the provisions of this act. 5. Master's report to be filed, and on confirmation thereof by the court, improvements may he made. Certificate to be issued by the master. -And be it enacted, That such report shall be filed in the report office of the said court, and if no special application to review the same shall be made within fourteen days after the filing thereof, it shall be lawful for the said court, upon the petition of the party obtaining the same, and without the attendance of any counsel or solicitor, to confirm the said report absolutely, and thereupon to authorise or permit such permanent improvements to be made; 374 New Statutes Effecting Alterations in the Law. and the master may thereupon certify that any per annum, from the time when the same shall person advancing money for the purpose of be advanced, and such interest shall be paymaking such permanent improvements of the able half-yearly. land under the provisions of this act will, upon 9. Principal to be repaid by equal annual its appearing to the said master that such sum instalments.—And be it enacted, That the prinof money has been fully expended in making cipal money so to be advanced shall be repaid such improvements, or in paying the expense by equal annual instalments; and such annual of obtaining the authority of the said court, instalments shall, in the case of improvements become and be entitled to a charge on the land by drainage, warping, irrigation, or embankfor the repayment of the money advanced, with interest; provided that upon application to the court to confirm the master's report it shall be lawful for the court, if in its opinion the case shall appear to require the same, to refer it back to the master to review his report, or to receive fresh evidence in support of the master's finding, or otherwise for the purpose of ascertaining in a more satisfactory manner whether it is proper to make the improvements proposed under the provisions of this act. 6. After endorsement of master's certificate inheritance to become charged with expenses incurred. Registry of memorial of certificate. And be it enacted, That the master, having granted such certificate as aforesaid, is to be at liberty to inquire and state what expenses have been incurred in and about the application to the court, and making the necessary surveys, valuations, and estimates, and also to inquire and state what sums of money have been actually expended in such improvements; and the master, being satisfied as to the amount of such expenses, may endorse upon the said certificate that it hath been made to appear to him that the whole, or such part of the monies so advanced as aforesaid as upon the evidence shall appear to have been so advanced, hath been fully expended in manner aforesaid, and upon such endorsement being made the inheritance of the said lands shall thereupon become and be charged with the payment of the said sum, with interest as from the time when the same was advanced; and such charge shall have priority over other charges, except tithe commutation rent-charges, and any quit or chief rents incident to tenure; and a memorial of every such certificate, charging hereditaments in the counties of Middlesex and Yorkshire in England, or any hereditaments in Ireland, may in all respects be registered as deeds are now registered in Middlesex, Yorkshire, and Dublin respectively, and without payment of any fee. ment, be not less than twelve nor more than eighteen in number, and shall, in the case of improvements by the erection of buildings, be not less than fifteen nor more than twenty-five in number. 10. Person in possession of lands charged bound to pay interest, &c. during continuance of his title.-And be it enacted, That any person on whose petition such charge shall be made, and every succeeding tenant for life or other person having only a limited interest in the lands charged, shall be bound to pay the interest and instalments which become from time to time due and payable during the continuance of his title to the land, and on the termination of such title by death or otherwise the inheritance shall remain chargeable with no more than six months arrears of interest then due, and one half of the last instalment then due, and the interests and instalments thereafter to become due. 11. Works, &c. for irrigation to be kept in repair by tenant for life, &c.— And be it enacted, That every tenant for life or other person having a limited interest shall be bound to keep in repair any buildings erected or built, or embankments or works for irrigation constructed or made, under the provisions of this act, and as if he were tenant for life subject to impeachment for waste. 12. Lord Chancellor, &c. to make orders for facilitating proceedings. And be it enacted, That for the simplifying the proceedings under this act, and the rendering the same inexpen sive, it shall be lawful for the Lord High Chancellor of Great Britain and of Ireland respectively, or the Lords Commissioners or keepers of the great seal respectively, with the assistance of the Master of the Rolls of England or Ireland respectively, from time to time to make such orders and provisions as they may think proper for the facilitating the mode of application to the court, and of the proceedings before the Master or otherwise. 7. Certificate to be filed in the report office, 13. Assent of occupier requisite for improveand duplicate to be evidence. And be it en- ment of lands held by him.-Provided always, acted, That such certificate as aforesaid shall and be it enacted, That where any portion of be filed in the report office, and a duplicate land proposed to be drained or otherwise imthereof, signed by the master, shall be delivered to the person advancing the money, and shall be legal evidence of his title to the money; and the security shall take effect as from the granting of the certificate. proved or built on as aforesaid shall be in the actual occupation of any person, the consent in writing of such person shall be necessary in order to give validity to the application of the proprietor in respect of the land, anything herein-before contained to the contrary notwithstanding. 8. Money advanced to bear interest not exceed ing five per cent.-And be it enacted, That the money so to be advanced, or so much thereof 14. Appointment of surveyors and other as shall from time to time remain unpaid, shall officers. Chief Baron of Exchequer in Dublin bear interest at such rate as shall be agreed to have the powers hereby given to Lord Chancel upon, not exceeding the rate of five per centum lor of Ireland.-And be it enacted, That it shall New Statutes Effecting Alterations in the Law. 375 be lawful for the Master either to require the, c. 60, intituled "An act to authorize the transevidence of a surveyor to be from time to time fer of Stock upon which Dividends shall reappointed by him to make such reports as to main unclaimed for the space at least of 10 years the matters to be referred to him, or, if he shall at the Bank of England, and also all Lottery think fit, to take the evidence of the surveyor Prizes or Benefits and Balances of Sums issued appointed by any party applying to the court; for paying the principals of Stocks or Annuities and that it shall be lawful for the Lord High which shall not have been demanded for the Chancellors of Great Britain and of Ireland same Period, to the Commissioners for the Rerespectively, and the Lords Commissioners or duction of the National Debt," provision is Lords Keepers respectively, from time to time made for transferring all capital stock in respect to appoint any persons respectively as the per- of which any annuities constituting part of the sons to report or to give evidence before the national debt are payable at the Bank of EngMaster to whom the matter shall be referred: land, and upon or in respect of which the diProvided always, that it shall be lawful for any vidends shall be due and remain unclaimed for persons hereby authorized to apply to the Court the space of 10 years, and the balances of sums of Chancery in Ireland to apply to the Courts issued for paying the principals of stocks or of Exchequer in Dublin instead of the Lord annuities which shall not have been demanded Chancellor, and the Lord Chief Baron of such for the same period, to the commissioners for court shall in all respects have the same powers the reduction of the national debt; and by the as are hereby given to and vested in the Lord High Chancellor of Ireland or the Lord Commissioner or keeper of the great seal of Ireland, and the matters directed to be done by a Master of the Court of Chancery may in all respects be done and executed by the chief remembrancer of the said Court of Exchequer. 15. Alteration of act.-And be it enacted, That this act may be altered, amended, or repealed by any act passed in the present session of parliament. BILLS OF EXCHANGE. 8 & 9 VICT. c. 102. An act to continue until the 1st day of January 1851, an act for exempting certain Bills of Exchange and Promissory Notes from the Operation of the Laws relating to Usury [4th August, 1845.] said act provision is made for enabling parties entitled thereto to procure a re-transfer of such stock, and payment of the dividends due thereon; and it is necessary to make further provisions in relation thereto : 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, 1. When any dividends on stock have remained unclaimed for 10 years, the same to be paid to the commissioners for the reduction of national debt. Payment of such dividends to claimants to be directed as in other cases.-That in every case in which any dividends or dividend accrued due on any stocks, funds, or annuities transferrable at the Bank of England, shall not constituting any part of the national debt, and have been demanded for the period of 10 years Whereas an act was passed in the 2 & 3 Vict. or upwards preceding the last day upon which c. 37, intituled "An act to amend and extend any dividend shall have become due or payable until the 1st day of January 1842, the Pro- upon or in respect of the same stocks, funds, visions of an act of the 1st year of her present or annuities, such dividends or dividend, and Majesty, for exempting certain Bills of Ex- all other dividends since accrued in respect of change and Promissory Notes from the opera the same stocks, funds, or annuities, shall imtion of the Laws relating to Usury," which by mediately after the expiration of such period of sundry acts has been since continued until the 10 years be paid to the account of the commis1st day of January in the year 1846, and it is sioners for the time being for the reduction of expedient that the same should be continued the national debt, and shall be by them invested for a longer period: Be it enacted by the in the manner directed by the said recited act Queen's most excellent Majesty, by and with with respect to the dividends upon stocks, the advice and consent of the Lords spiritual funds, and securities transferred to the said and temporal, and Commons, in this present commissioners in the manner therein mentioned; parliament assembled, and by the authority of and it shall be lawful for the governor or deputy governor for the time being of the Bank of 1. Continuance of act.-That the said recited England, or for the High Court of Chancery, act shall be continued until the 1st day of to direct the payment of such dividends to any January 1851. to, in the same manner in all respects as is by persons or person claiming to be entitled therethe said act directed with respect to the stocks, funds, and securities transferred to the said commissioners as therein mentioned. the same, 2. Alteration of act.-And be it enacted, That this act may be amended or repealed by any act to be passed in this session of parlia ment. UNCLAIMED STOCK AND DIVIDENDS. 8 & 9 VICT. c. 62. An act to make further Provisions as to Stock and Dividends unclaimed. [31st July 1845.] Whereas by an act passed in the 56 Geo. 3, 2. Notice to be given by advertisement before re-transfer or payment of any stock or dividends to any claimant. And be it enacted, That no re-transfer of any capital stock exceeding the sum of 201., or of any terminable annuities exceeding 17. per annum, shall be made from |