300 New Statutes effecting Alterations in the Law. [LEGAL OBSERVER, strators, according to their respective claims at such times as the rules of the said society and interest, and upon the death or removal shall direct and appoint, and at such times as of any such trustee or trustees the same shall he shall be required so to do by the trustee or vest in the succeeding trustee or trustees for trustees of the said society, or by a majority of the same estate and interest as the former trus- the said committee of management, or by a tee or trustees had therein, and subject to the majority of the members present at any meetsame trusts, without any conveyance or as- ing of such society; and every such bond shall signment whatsoever, save and except in the be given to the trustee or trustees of the said case of stocks and securities in the public society for the time being; and if the same funds of Great Britain and Ireland, which shall at any time become forfeited, it shall be shall be transferred into the name or names of lawful for such trustee or trustees for the time such new trustee or trustees; and in all actions being to sue upon such bond for the use of or suits or indictments, or summary proceed- such society; and in Scotland such bond shall ings before magistrates, touching or concerning have the same force and effect as a bond there any such property, the same shall be stated to in use duly attested and completed, and conbe the property of the person or persons for taining a clause of registration for execution as the time being holding the said office of trus- well as for preservation in the books of council tee, in his or their proper name or names, as and session and other Judges' books competrustees of such society, without any further tent, and shall be registered in such books acdescription. cordingly, with a view to diligence. 19. The trustee or trustees of any such society are hereby authorised to bring or defend, or cause to be brought or defended, any action, suit, or prosecution in any Court of Law or Equity, touching or concerning the property, right, or claim to property of the society for which he or they are such trustee or trustees as aforesaid; and such trustee or trustees shall and may, in all cases concerning the real or personal property of such society, sue and be sued, plead and be impleaded, in any Court of Law or Equity, in his or their proper name or names, as trustee or trustees of such society, without other description; and no such action, suit, or prosecution shall be discontinued or shall abate by the death of such person, or his removal from the office of trustee, but the same shall and may be proceeded in by or against the succeeding trustee or trustees as if such death or removal had not taken place; and such succeeding trustee or trustees shall pay or receive the like costs as if the action or suit or prosecution had been commenced in his or their name or names, for the benefit of or to be reimbursed from the funds of such society. 20. Provided nevertheless, That no trustee or trustees of any such society shall be liable to make good any deficiency which may arise or happen in the funds of such society, but shall be liable only for the moneys which shall be actually received by him on account of such society. 22. Every such treasurer or other officer, whether appointed before or after the passing of this Act, at such times as by the rules of such society he should render such account as aforesaid, or upon being required so to do by the trustee or trustees of such society, or by a majority of the said committee of management, or by a majority of the members present at a meeting of the said society as aforesaid, within seven days after such requisition shall render to the trustee or trustees of the society, or to the said committee of management, or to the members of such society, at a meeting of the society, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of such society, which account the said trustee or trustees or committee of management shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustee or trustees the balance which on such audit shall appear to be due from him, and shall also, if required, hand over to such trustee or trustees all securities and effects, books, papers, and property of the said society in his hands or custody; and if he fail to do so the trustee or trustees of the said society may sue upon the bond aforesaid, or may sue such treasurer in the County Court of the district, or in any of the Superior Courts of Common Law, or in any other Court having jurisdiction, for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said society, and for the securities and effects, books, papers, and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the said society; and in such action the said trustee or trustees shall be entitled to recover their full costs of suit, to be taxed as between attorney and client. 21. The treasurer of every such society, and every treasurer hereafter appointed in any society established under any of the repealed Acts, or any other officer who is required by the rules to give security, shall, before he take upon himself the execution of his office, become bound, with one sufficient surety, in a bond according to the form set forth in the third Schedule to this Act, or give the security of a guarantee society established in London, in such penal sum as the society or the committee of management shall direct and appoint, conditioned for his just and faithful execution of his said office of treasurer, and for rendering a just and true account of all moneys received 23. If any person already appointed or emor paid by him on account of the said society ployed or hereafter to be appointed or employ AUG. 18, 1855.] New Statutes.-Statute Law Commission. 301 ed to or in any office in any friendly society | c. 43; and in Scotland every such offence may established under this Act or under any of the be prosecuted by summary complaint at the Acts hereby repealed, whether such appoint- instance of the procurator fiscal of the county, ment or employment was before or after the or of the society, with his concurrence, before legal establishment of such society, and having the sheriff; and if the said justices or sheriffs in his hands or possession, by virtue of his respectively shall determine the said complaint office, any moneys or property whatsoever of to be proved against such person, they shall such society, or any deeds or securities be- adjudge and order him to deliver up all such longing to such society, shall die, or become moneys, securities, books, papers, or other bankrupt or insolvent, or have any execution effects to the society, or to repay the amount of or attachment or other process issued against money applied improperly, and to pay, if they him or any part of his property, or shall have think fit, a further sum of money not exceeding any action or diligence raised against his lands, 201., together with costs not exceeding 20s.; goods, chattels, or effects, or property or other and in default of such delivery of effects, or estate, heritable or moveable, or shall make repayment of such amount of money, or payany assignment, disposition, assignation, or ment of such penalty and costs as aforesaid, other conveyance for the benefit of his credi- the said justices or sheriffs may order the said tors, the heirs, executors, administrators, or person so convicted to be imprisoned in the assignees of every such officer, and every other common gaol or house of correction, with or person having or claiming right to the property without hard labour, for any time not exceeding of such officer, and the sheriff or other person three months: Provided, that nothing herein executing such process, and the party using contained shall prevent the said society, or in such action or diligence respectively, shall, Scotland her Majesty's Advocate, from proupon demand in writing made by the treasurer ceeding by indictment against the said party; or by the trustee or any two of the trustees of Provided also, that no person shall be prosuch society, or any person appointed at some ceeded against by indictment if a conviction meeting of the society to make such demand, shall have been previously obtained for the deliver and pay over all such moneys, property, same offence under the provisions of this deeds, and securities belonging to such society Act. [To be continued.] STATUTE LAW COMMISSION. FROM THE MINUTES OF PROCEEDINGS OF THE COMMISSIONERS. to such persons as such treasurer or trustees satisfaction of such claims. 24. If any officer, member, or other person, being or representing himself to be a member of such society, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition, shall obtain possession of any moneys, securities, books, papers, or other effects of such society, or having the same in his possession shall withhold or misapply the same, or shall wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such society, or any part thereof, it shall be lawful in England for any justice of the peace acting in the county or borough in which the place of business of such society shall be situated, upon somplaint made by any person on behalf of such society, to summon the person against whom such complaint is made to appear at a time and place to be named in such summons; and any two justices present at the time and place mentioned in such summons shall proceed to hear and determine the said complaint, in manner directed by the Act passed in the 11 & 12 Vict. November 13, 1854. READ a note from the Lord Chancellor :After some general discussion as to the proper method of preparing consolidated Statutes, with regard to the incorporation of the Common Law, the preservation of the exact terms of the existing Statutes, and the extent to which amendments of the law might properly be introduced, it was agreed that the detailed consideration of the subjects mentioned in the printed circular and in the Lord Chancellor's note, should be postponed until his lordship could be present. November 15, 1854. The members present agreed to divide into sub-committees, each of which should undertake to superintend the consolidation of a particular branch of the Statute Law. The Chief Justice of the Common Pleas and Mr. Baron Parke agreed to take the Criminal Law; Messrs. Greaves and Lonsdale to be employed to remodel the Criminal Law Bills of last Session. Sir W. P. Wood, Mr. Walpole, and Mr. Ker, agreed to take Real Property. The Lord Chief Justice and the Chief Baron agreed to take the superintendence of Mr. Roger's Consolidated Bill on the Law of Masters and Workmen, now in course of preparation, as mentioned in the printed circular. 302 Statute Law Commission. [LEGAL OBSERVER, The Lord Chancellor and Lord Wrottesley | versant with the particular subject, and aftertook the subject of Charities. wards submitting the drafts to the consideraThe Attorney-General took the subject of tion and criticism of practical as well as proInsurance. fessional men. Each sub-committee to select one or more draftsmen, to draw such Bills as they may think expedient, subject to the approbation of the Board. Mr. Ker to be a member of all the subcommittees, for the purpose of superintending the communications with draftsmen, &c. It was resolved by the Board, that no permanent sub-commissioners should be appointed at present, but that the assistance of draftsmen should be obtained by means of fees. The secretary to communicate this resolution to Mr. T. C. Anstey and Mr. Warrington Rogers. A Bill for consolidating the Acts relating to the National Debt, with an explanatory paper by Mr. Anstey, was laid before the Board by the secretary, and was referred to the Lord Chancellor and Mr. Ker. The Board confirmed the provisional employment of Mr. Anstey and Mr. Rogers by the Lord Chancellor, as mentioned in the printed circular. The secretary to communicate this to Messrs. Anstey and Rogers. Mr. Walpole having suggested that some general rules should be agreed on, as to the form and style of the Bills to be drawn under the sanction of the Board, in order to ensure uniformity. Mr. Ker stated that a paper on that subject had been already prepared by the secretary; and undertook to revise it, in conjunction with the secretary, and to submit it for the consideration of the Board at the next meeting. November 29, 1854. A letter from the Copyhold Commissioners was read, proposing "to repeal the existing Statutes relating to the enfranchisement of copyholds and to prepare a consolidated measure embracing such amendments as they have found necessary in dealing with cases under these Acts." It was resolved that this Board would undertake to superintend the drawing of the Bill, it being understood that the necessary funds would be provided by the Copyhold Commissioners. A communication addressed to the Secretary by Mr. Napier, with reference to the Statute Law of Ireland, was laid before the Board, from which the following is selected as applicable to the general subject of consolidation :— "There are some subjects which might very usefully engage an early attention; for instance, the Stamp Laws, the Law of Judgments, &c., &c. "I think it is a very prudent course to take up such groups of Statutes as overlay the law on these every-day matters, and construct a new and complete code, repealing at the same time all the old Statutes. "This may best be accomplished by employing gentlemen of acknowledged ability, con "I may perhaps observe, that for some time I have been of opinion that we ought to have a department of Justice, and an official staff, to carry forward and keep up a system of sound Law Reform. "It has been delayed so long that the public have become impatient of the vexatious, dilatory, and expensive procedure under which complicated laws have been administered, and reforms have been rudely demanded and carelessly flung to meet the occasion, so as in my opinion to endanger our judicial system altogether. "From the small experience which I have had, I would say that our Statute Law might be reduced into a satisfactory state by gradual consolidation, and that the most prudent course would be to divide the labour, by employing such men as could deal most promptly and efficiently with particular heads of the law to which they had specially given their attention. "And as to future legislation, I candidly own, that unless it can be brought into harmony with the standard for amending the past, the labours of the Commission must be frustrated. "Every Bill should, in my opinion, be submitted to the careful supervision of a responsible department of administration, and a proper staff for effectuating the objects of such department should be provided. "To this department suggestions for amendments could be sent when the law would be found to be defective, a record of judicial constructions could be preserved, and a scientific plan and accurate phraseology of Bills secured before they should become law." Mr. J. M. Ludlow was proposed by Sir W. P. Wood, and approved as a draftsman for the Real Property Statutes, and Mr. Ker engaged to communicate with him. The expediency of a general consolidation of the Stamp Laws was taken into consideration, and Mr. Ker engaged to ascertain whether this would be considered expedient by the department of Stamps; and if so, to communicate with Mr. Henry Jessel, and ascertain whether he would undertake the work. The Solicitor-General agreed to join with the Attorney-General as a sub-committee on the subject of Insurance. It was resolved that at the next meeting the paper of suggestions as to the form and style of Consolidated Statutes (already circulated among the members) should be taken specially into consideration, in order that the sub-committees might be able to give uniform instructions to the draftsmen employed by them; and the Secretary was directed to request all members of the Board to bring or send in writing any corrections or additions to that paper which they might wish to contribute. It was agreed that Mr. Anstey should be employed to prepare for publication a chrono AUG. 18, 1855.| Statute Law Commission. 303. A letter from Mr. Anstey was laid before the Board, containing the following suggestions of proper subjects for consolidation. "In addition to the subjects of 'Insurance,' logical list of all Statutes and parts of Statutes now repealed. Mr. Ker undertook to communicate with Mr. Anstey on the subject, and to instruct him as to the details of the work, and also to consider whether some second drafts-Excises,' 'Land Tax,' Assessed and other man should not be associated with Mr. Anstey for this work; Mr. Warrington Rogers (who had prepared the existing list of repealed Statutes jointly with Mr. Anstey) having accepted the post of Solicitor-General for Van Diemen's Land. December 13, 1854. The Secretary laid before the Board,- Mr. Wingrove Cooke's scheme for the con- Mr. Ker reported that he had ascertained from the Chairman of the Board of Inland Revenue, that a consolidation of the Stamp Laws would be favourably received and assisted by that department; and he was authorised by the Board to instruct Mr. Henry Jessel to undertake the work. Mr Ker also laid on the table, for the consideration of the Board, a printed memorandum as to the proposal for a Chronological List of Repealed Acts referred to him at the last meeting of the Board. Taxes,' &c., &c., &c., noticed in my printed : "2. Constitution and Jurisdiction of Criminal Courts' in general. "16. Municipalities."" It was agreed that Mr. Anstey should be requested to furnish a scheme for a consolidation of the Statute Law relating to "Gaols, Prisons, and Places of Penal Discipline or Ward;" and that when furnished it should be referred to a sub-committee consisting of Lord Lyndhurst, Lord Brougham, and Mr. Ker. A proposal was laid before the Board from Mr. Warrington Rogers, for a Bill "upon the principle of Sir J. Jervis's Act, but extending to all cases of summary conviction and to all necessary proceedings before Justices," and introducing certain amendments and simplifications of the law. Agreed that the Chief Justice of the Common Pleas and Mr. Baron Parke be requested to take this proposal into their consideration. February 7, 1855. The Lord Chancellor reported that a Bill prepared by the Registrar-General, purporting to be a consolidation of the Marriage Acts, had been referred to him by the Secretary for the Home Office for consideration, and that he had stated in reply that he proposed to lay it before this Board. The Lord Chancellor then stated that this Bill had been examined by himself and by Mr. Ker; that it was not a consolidation of all the Acts generally termed the Marriage Acts, but only of those passed for the purpose of relieving Dissenters from the necessity of being married by banns (the 6 & 7 Wm. 4, c. 85, and subsequent amending Acts); and that the several sections of these 304 New Palace at Westminster.-Law of Attorneys. [LEGAL OBSERVer, Acts had been merely combined into a single executed. For the Law Court buildings ad Act, without improved arrangement or condensation. The Lord Chancellor did not, therefore, think it necessary to lay this Bill before the Board as a consolidation of the Law; but he stated that he should report to the Home Secretary that, regarded as a specimen of consolidation, he did not consider it advisable that the Bill should be brought in; and that if the alterations of the law which it contained were required, it would be better to introduce them by themselves in a short amending Bill. His lordship, however, suggested to the Board that the whole body of the Marriage Acts presented a good subject for consolidation. The Chief Justice of the Common Pleas reported that he and Mr. Baron Parke had considered Mr. Rogers's proposal (referred to them at the last Board) to extend and amend the Acts called "Jervis's Acts," and that their lordships approved of the plan; but that they considered, as the original Acts had been drawn by Mr. Archbold, it was proper that the preparation of the new Bill should first be offered to that gentleman. The Secretary to apply to Mr. Archbold on the subject. A report from Mr. Anstey on the Prisons Acts was received, and referred to the Lord Chancellor, Lord Lyndhurst, and Mr. Ker. The Lord Chancellor explained, that in proposing the formation of this Board, he intended that Mr. Ker, in addition to his duties as the paid Commissioner, should assist the Great Seal in the House of Lords in drawing such Law Bills as should be required by the Lord Chancellor, and by generally examining and reporting to him as to all the Law Bills introduced in either House of Parliament; and his lordship added, that he thought it would! be very advantageous if he were authorised by the Board to lay before them for their consideration any particular Bills which should appear from such reports either to be consolidations of the Law, or to admit of the application of any rules which the Board may devise (in the terms of the Commission) "to ensure simplicity, or uniformity, or any other improvement in the form and style of future Statutes;" which was agreed to, it being, however, understood that the Board is not to be considered responsible for any Bills except those prepared under their own direction. [To be continued.] NEW PALACE AT WESTMINSTER. LAW COURTS. THE Chief Commissioner of Public Works, in his Report to the Lords of the Treasury, dated 18th June, 1855, states that Sir Charles Barry's estimate of 278,2851. for additional works to complete the Palace, does not make any provision for the accommodation of the Law Courts, which would have to be removed from the vicinity of Westminster Hall, if his design for the west side of the New Palace be joining Westminster Hall would have to be pulled down, and the proposed additional buildings would, according to Sir Charles Barry, not afford one-fourth part of the space which would be required for the adequate accommodation of the Law Courts.' Sir Charles Barry, in his letter to the Secretary of the Commissioners of Public Works, says: - With respect to accommodation, which, although not necessary for the transaction of the business of Parliament, has hitherto been provided for in the Palace at Westminster, namely, the Law Courts, I beg to state, for the accommodation of these Courts, at least 12 in number, on one floor, and lighted from above, together with adequate accommodation for the Judges, for Counsel, and for the Public, the space which could be appropriated for the purpose would not be more than one-fourth of that which would be requisite. The present Law Courts are insufficient in number and size, and some of them, which are only temporary, are placed in upper floors, where they are found to be extremely inconvenient. The rooms for the Judges, for the Bar, for Juries, and for the Public generally, are also insufficient in number and size, defective in the mode of lighting, and ill-arranged. In short, the want of space in the present Law Courts, and the inconvenience of their locality are loudly and very generally complained of." LAW OF ATTORNEYS AND SOLICITORS. ARE AGENTS' BILLS OF COSTS TAXABLE? We have had our attention directed by an esteemed Correspondent to the subject of the taxation of an agent's bill of costs, on the application of the country attorney. We now lay before our readers the various decisions on this important question, from the year 1746. It appears that the earlier cases in Chancery are conflicting; but on the whole, it seems that Courts of Equity have power under their inherent jurisdiction, irrespective of statutory enactment, to direct a taxation. The question in the Courts of Common Law has been ably discussed by Mr. Justice Coleridge, who twice decided against the jurisdiction, while on the other hand, Lord Chief Baron Pollock has ruled in favour of the power to direct a taxation. We give these judgments verbatim. 'See Parliamentary Paper, No. 333, June 21st, 1855. The whole cost of the further buildings, with the purchase of the houses on one side of Bridge Street, the removal of St. Margaret's Church to an adjoining site, and the enlargement of Old Palace Yard, will amount to 651,285., including the above sum. |