Superior Courts: V. C. Stuart.-V. C. Wood.-Queen's Bench. 135 but that none of the cestuis que trustent were made parties. which two married women were entitled and which had been paid into Court under the 10 & 11 Vict. c. 96, upon their death, to their re- The Vice-Chancellor accordingly directed the spective husbands the petitioners, notwith-case to stand over in order to add a party to standing they had not taken out letters of represent the cestuis que trustent. administration. G. W. Collins in support. The Vice-Chancellor made the order as asked, on the authority of Wadbury v. Yorke, Reg. lib. 1851. Fudge v. Pitt. Dec. 7, 1854. DEATH OF SOLE PLAINTIFF AFTER VOLUN- In a suit seeking a declarution, that an infant Rolt and Webb, for the plaintiff, referred to the 15 & 16 Vict. c. 86, s. 42, rule 9.' Parkinson v. Chambers. Nov. 11, 1854. DEATH OF PLAINTIFF IN REDEMPTION SUIT. The plaintiff in a suit to redeem a mortgage UPON the death of the plaintiff in this suit, which was instituted for the redemption of a mortgage, the petitioner, who was one of the next of kin, took out letters of administration, and now presented this petition for leave to sue in forma pauperis upon the usual affidavit, &c. E. Ward in support. Court of Queen's Bench. THIS was a motion, pursuant to notice, under the 63rd Order of May 8, 1845,' for an order The Vice-Chancellor made the order as on the legal personal representatives of the asked, but refused to direct the 17. stamp afplaintiff in this suit to revive the same within fixed to the present petition to be returned. 14 days, or that it be dismissed. It appeared that the suit was instituted to obtain a declaration that the defendant, an infant, was trustee for the plaintiff, who had purchased certain stock with her own money in their joint names, and that the defendant had appeared by her guardian and answered voluntarily, but that the plaintiff had died before any subsequent proceedings were taken. G. W. Collins in support. The Vice-Chancellor said, that the order would be made as asked. Regina v. Justices of Walsall. Nov. 23, 1854. PEREMPTORY MANDAMUS UNDER COMMON LAW PROCEDURE ACT, 1854, ON JUSTICES Notice of application for a licence was given under the 9 Geo. 4, c. 61, s. 10, but the justices, without hearing the application, resolved that no further applications for new licences would be entertained: A peremptory mandamus was awarded under the 17 & 18 Vict. c. 125, s. 76, for the justices to hear and determine the application. THIS was a motion under the 17 & 18 Vict. c. 125, s. 76, for a rule absolute in the first Which enacts, that "in all suits concerning real or personal estate which is vested in trustees under a will, settlement, or otherwise, such trustees shall represent the persons beneficially interested under the trust, in the same manner and to the same extent as the executors or administrators in suits concerning personal estate represent the persons beneficially interested in such personal estate; and in such cases it shall not be necessary to make the persons beneficially interested under the trusts parties to the suit; but the Court may, upon consideration of the matter, on the hearing, if it shall so think fit, order such persons or any of them, to be made parties." 2 Which enacts, that "upon application by motion for any writ of mandamus in the Court 136 Superior Courts Queen's Bench.-Exchequer. instance for a mandamus on the defendants, to | Huddleston, in support, objected to its adhear and determine on the application under mission, and contended it should have been the 9 Geo. 4, c. 61, of Joseph Whitehouse for brought up on certiorari. a licence to sell exciseable liquors. It appeared that notice of the application had been duly given under section 10, but that on the licensing day the defendants had come to a resolution not to entertain any more applications for. new licences. Hodgson in support of the rule, against which Huddleston showed cause in the first instance. The Court said, that the justices must hear before they exercised their discretion, as there might be many things material to be known which did not appear on the notices, and a peremptory mandamus must therefore be awarded. Court of Exchequer. In re Alison. Nov. 21, 1854. WARRANT OF COMMITMENT BY JUSTICES Upon an objection being taken to a warrant THIS was a rule nisi for a writ of habeas corpus to bring up the body of Joseph Alison, who had been convicted by two justices of an aggravated assault and sentenced to six months' imprisonment with hard labour. It appeared that the warrant of commitment was made out in the form given in the Schedule to the 11 & 12 Vict. c. 43, but that on an objection being taken on the ground that it did not show the prisoner was convicted at a place where the petty sessions were usually held, no formal conviction was drawn up. An application was then made to the Court of Queen's Bench for a writ of habeas corpus on the ground of the warrant not showing the justices had jurisdiction, but the rule was refused, the Court holding that a good conviction on which the warrant was framed would be presumed. Scotland showed cause, and produced a good conviction verified by affidavit, but it appeared the conviction was not verified by the signature of the Commissioner administering the oath. The Court said that the verification by affidavit was sufficient, but, without deciding the other objection of the Commissioner not verifying the conviction, said, that the question was, whether the Court of Queen's Bench had laid down an erroneous proposition in presuming a good conviction, and whether the warrant was open to objection against its form. It was clear the justices had adopted the form under the 11 & 12 Vict., which was prescribed in order to extricate justices from these objections, and the rule would be discharged. It was, however, of course open to the defendant, if any defect existed in the conviction, to bring it up by certiorari to quash it. Rogers v. Hunt. Nov. 25, 1854. SPECIAL INDORSEMENT OF EXPENSES OF In an action on a bill of exchange, the plain- In this action on a bill of exchange, it ap peared that the writ of summons was specially indorsed, under the 15 & 16 Vict. c. 76, s. 25,' for the balance of principal, interest, and expenses of noting due thereon. Judgment was signed in Nov. 4 last, but an appearance had been entered in an earlier part of the day, although the time for entering an appearance expired on the 25th October. An order had been made by Martin, B., at Chambers, setting aside the judgment, and this rule nisi had thereupon been obtained to rescind such order. Dowdeswell showed cause against the rule, which was supported by Doyle. The Court said, that the plaintiff could not recover the expenses of noting the bill as a liquidated demand, but only the interest, and the indorsement was therefore a nullity, and he must declare. The rule would therefore be discharged. 1 Which enacts, that "in all cases where the defendant resides within the jurisdiction of the Court, and the claim is for a debt or liquidated demand in money, with or without interest, arising upon a contract, express or implied, as for instance upon a bill of exchange," &c., "the plaintiff shall be at liberty to make upon the writ of summons and copy thereof a special indorsement of the particulars of his claim." The Legal Observer, AND SOLICITORS' JOURNAL. "Still attorneyed at your service."-Shakespeare. SATURDAY, DECEMBER 23, 1854. HONOURS AND EMOLUMENTS OF commenced. It appears by the Roll_of THE PROFESSION. COMPARATIVE STATE OF THE TWO Attorneys kept at the Registry of the Incorporated Law Society, and from the Stamp Office returns, that the stamped certificates issued between 15th November, It has been long assumed that the emo- 1843, and 15th November, 1844, were luments of the Legal Profession are very 9,900; and that from 15th November, large, if not enormous, and fully propor- 1852, to 15th November, 1853, the numtioned to the services rendered by its member was 9,896.1 bers to the clients who employ them. It is a matter dependent, not on presumption, but experience, that according to the amount of the emoluments and honours of a Profession will be the competition to enter it; and it may not, therefore, be useless to notice the increasing number of the practitioners in both branches of the Profession during the progress of the various "Reforms (as they are called) or alterations, -sometimes real amendments, but too often mischievous changes,-which have taken place within the last 24 years. In the year 1830, the number of the members of the Bar was 1,194, being an increase of 30 per cent. during 10 years; and the number of Attorneys and Solicitors 7,508, being an increase of 16 per cent. Since that time down to 1850 the population has increased 27 per cent., and estimating the amount of wealth by the increase of the number of inhabited houses, the increase of wealth was 30 per cent. There are two inferences to be drawn from these facts. 1st. That the attraction to the higher branch of the Profession has increased nearly twofold, whilst the inducement to join the second branch of the Profession has actually declined, more especially in reference to the increase of wealth and population, and consequently that the honours and emoluments of the Bar are believed by the Public to preponderate over the other branch, by little short of a hundred per cent. 2ndly. We may infer that the stationary or declining state of the Attorneys and Solicitors, in point of number, must be ascribed to the conviction by the community in general, that the emoluments of that department of the Profession are largely diminished, and consequently the sons of bankers, merchants, and manufacturers are placed in other more profitable vocations and employments. It may be worthy of consideration, both From the year 1830 to 1840 the Bar had by the public at large and by the governincreased 46 per cent., and from 1840 to ment and judicial authorities, whether part of 1850 no less than 86 per cent. In the this result has not been injuriously produced latter year they numbered 3,400. The by the practice in recent times of bestowing number of Attorneys and Solicitors increas- legal offices of honour on members of the ed from 1830 to 1840 at the rate of 32 per Bar only, to the exclusion of Attorneys and cent, but in the last 10 years less than one per cent. In fact, the number of certificated Attorneys was four less in 1853 than in 1843, when the annual registration VOL. XLIX. No. 1,398. In the Law List, Proctors, Notaries, and cetificated Conveyancers are included. In the above statement they are of course excluded. I 138 Honours and Emoluments of the Profession.-New Statutes. The high prizes which are offered to the Bar, will always attract an ample number, not only of highly educated and talented men, but of the younger members of the aristocracy. Solicitors. It cannot indeed be doubted, Professsion, and qualify themselves for the that a very large number of persons become discharge of its difficult, important, and members of the Bar, in the hope and expec- responsible duties. These inducements tation that either by their personal merit, should consist of honours as well as emoor by political influence, they will attain luments; and as the latter have largely some of the numerous and splendid prizes decreased, the mode of remuneration should which are held out for the encouragement be revised and improved, and instead of (if not to promote the independence) of the diminishing the number of offices from youthful Barrister. which Solicitors are excluded and Barristers We trust, in these statements and re-alone appointed, they should be increased marks, it will be understood that we offer and rendered worthy of the acceptance of no opposition to the honours and emolu- men of family and social distinction. ments of the Bar. On the contrary, we should rejoice to see them increased, and that more judicial offices should be created, adapted both to employ the learning and talent of the Bar, and to expedite the administration of justice for the good of the public. We think that men who have important judicial functions to perform, should not be over-worked; that five or six hours a day is amply sufficient to keep the mind upon the stretch; that there should be due intervals in the sittings of the Court, instead of a continuous daily labour of several months. We are persuaded that the rights and interests of the suitors would be promoted by not over-working the Judges, and inducing or tempting them to dispose hastily of the cases under their consideration. Delay, no doubt, should be avoided, and this should be effected by increasing the judicial staff. The saving of a few, or even many, thousands a year by over-burthening the Court, is "penny wise, but pound foolish.' Nearly a hundred of the Peerage have attained their eminent rank by their learning and eloquence at the Bar of our Superior Courts. We apprehend, that in promoting the interests of the higher grade of the Profession, the just rights of the second branch, and therewith the interests of the public, which are so closely connected with the integrity and ability of its practitioners, have been overlooked or insufficiently regarded. There is now an opportunity through the medium of the Royal Commission on the Inns of Court and Chancery, and of the investigation which must take place in Parliament when the Commissioners have made their report, to correct, in a considerable degree, the consequences of this neglect, and restore and amend the position and status of the Attorneys and Solicitors. INCUMBERED ESTATES' (WEST 17 & 18 VICT. c. 117. On the other hand, we think that Attorneys and Solicitors should be invariably selected for official appointments, such as Solicitors to Government Boards, Commissionerships (with certain exceptions), Taxing Masters (for which office they are peculiarly competent), Registrars, Clerks of Records and Writs, Secretaries of Public Institutions where legal knowledge is required, and in fact all ministerial offices, if not some which are quasi judicial. If the business of the County Courts had been confined, as the Legislature evidently at first intended, according to the title of the Act, to the recovery of "small debts," not exceeding 201., Attorneys would have been fitter to discharge the duty than any one else, and many of them had the advantage of great experience as clerks or assessors in By the 9th section, power is given to the the various local Courts previously existing. Commissioner to appoint a Chief Secretary We feel confident that the interests of and Assistant Secretary. These officers the public would be essentially promoted may be chosen, it appears, from either Barby holding out additional inducements to risters or Solicitors. The salaries of the men of liberal education and great respec- Local Commissioners and Assistant Secretability to join the second branch of the taries are to be paid by the Colonies. Ir will be observed by the West India Incumbered Estates' Act, part of which was given in the last Number, that by the 6th section the Chief Commissioner must be a Barrister of not less than 10 years' standing and reside in England, having a salary of 2,000l. a-year. The Assistant Commissioners, whose salary will be 1,500l. each, need not be Barristers, but it is not provided that they shall be members of either branch of the Profession. New Statutes effecting Alterations in the Law. The following is the remainder of the Sales by Commissioners, and Distribution of 139 investment thereof in government or colonial stocks, funds, or securities in the meantime, and such directions for the payment of the income of such investment in the manner in which the rents of the land to be purchased would be applicable, as the Commissioners think fit. 40. Upon a sale of land under this Act an incumbrancer or other interested person (with the exception of the person upon whose appli- 43. In cases where the Commissioners apcation the sale was made), and with the leave point or direct the appointment of trustees for of the Commissioners such last-mentioned any of the purposes of this Act, it shall be person, may purchase such land or any part lawful for the Commissioners to make or to thereof; and if an incumbrancer becomes a direct to be made such provision as they purchaser he may, if the Commissioners think think fit for the appointment of new trustees, fit, retain out of the purchase-money such on any event to be determined by the Comamount as would, in the judgment of the Commissioners. missioners, be eventually payable thereout to 44. In cases where a part only of land subhim in respect of his incumbrance, or any less ject to any incumbrance is sold, the Commissum on account of such amount, and pay the sioners may charge the part not sold with such residue only into the bank or commissariat incumbrance, or an apportioned part thereof, chest; and such retainer shall be without pre-in exoneration of the money arising from the judice to the power of the Commissioners to require such purchaser to pay back into the bank or commissariat chest the whole or any part of the amount so retained by him, in the event of their afterwards determining that he is not entitled to retain the same. 41. The Commissioners shall apply the money arising from any sale made by them in satisfaction of the payments hereinafter mentioned according to the order following; that is to say, Firstly, in paying to her Majesty or the government of the colony the consideration for the purchase of such Crown rents or other like sums, if any, as the Commissioners may have thought fit to commute in manner aforesaid; sale, and to enable persons to release the money arising from the part so sold from any incum brance, or to relinquish their claim on such money in respect thereof, without impairing such incumbrance as to the remaining part of the land originally charged. 45. In cases where it appears to the Commissioners unjust or inexpedient that a valuation should be made of such interests and incumbrances as they are herein before authorised to cause to be valued at a gross sum, it shall be lawful for them to set aside and invest any portion of the money arising from any sale in such manner as they think fit to meet the claims of any such interested persons or incumbrancers, and generally the Commissioners shall have power to make all such orders and Secondly, in paying all costs, charges, and ex-give such directions with respect to the applipenses of and incidental to the sale, including the application for the same, or such of them as they think fit to allow : Thirdly, in satisfying the incumbrances affecting such land according to their priorities: And lastly, in paying the surplus to the parties who were previously to the sale entitled to such land as owners if such parties had an absolute interest therein, but if had not an absolute interest, then the Commissioners shall lay out the same in manner hereinafter mentioned: And for the purposes of this Act the Commissioners shall have power, having due regard to the laws and custoins of each colony, to declare the rights and priorities of all parties interested in such land, whether as owners, incumbrancers, or otherwise howsoever. cation of the money arising from any sale as they think best adapted to secure the just and convenient distribution thereof amongst all interested parties, according to their several rights and titles. 46. No payment under this Act towards the discharge of any incumbrance, not being a payment in full, shall prejudice or affect any right or remedy of the incumbrancer in respect of the balance, otherwise than as against the land sold; and no payment under this Act in respect of any incumbrance shall impair any right or equity of any persons out of whose land such payment is made to be reimbursed or indemnified by any other person or out of any other land, except so far as the Commissioners order under any special cir cumstances. 42. In cases where the parties who were 47. The Commissioners may order any purpreviously to the sale entitled to such land as chase-money standing to their account to be owners had not an absolute interest, such sur-invested in their name in such government or plus as aforesaid of the purchase-money shall be settled to the same uses, upon the same trusts, and in the same manner to and in which the land sold stood settled, or such of them as may be capable of taking effect; and until such money is so laid out it may be paid to trustees to be appointed or approved by the Commissioners, for the purpose of being so laid out as aforesaid, with such power for the colonial stocks, funds, and securities as they think fit, with power to vary the same into or for others of a like nature; and until such stocks, funds, and securities are sold by order of the Commissioners for the purposes of this Act, the dividends thereof shall from time to time be applied, under the order of the Commissioners, in like manner as the rents of the land from the sale of which the money invested |