« PreviousContinue »
298 On the Payment of Legacy Duty. - Members of the Profession in Parliament. assets were afterwards remitted to this are payable, whether such assets are at country, by an executor who had proved home or abroad :but with respect to prothe will in India, to executors who had bate duty the situs of the property deter. proved the will in England, and were ad- mines the liability, and a different rule ministered under a decree of the Court of prevails. Where, therefore, a testator dies Chancery here.
in this country, possessed of property in a “When the act” (36 G. 3, c. 52), said foreign country, although the property be Lord Cottenham, “speaks of 'any will of brought into and administered in this counany person,' and of the legacies being pay. try by the executor, probate duty is not able out of the personal estate, it must, I payable for it.8 think, be considered as speaking of persons and wills and personal estate in this country, that being the limit of the sphere of
MEMBERS OF THE PROFESSION the enactment. It is clearly not applicable
IN PARLIAMENT. to the East Indies : it is applicable to this country. If there had been no property in /The whole returns being now made, we this country, it would not have been neces- are able to complete our Lists of Lawyers sary to prove the will here, quoad the pro
pro in Parliament. perty in India. * * * Independently
No. I. therefore of the authorities, I should, upon LAWYERS IN ACTUAL PRACTICE. the construction of the act, have been of
Those marked * are new members. opinion that these were not legacies given
| Aglionby, H. A. ... Cockermouth. by the will of a person intended by the
u Campbell, Sir John, act.” After stating some of the authorities,
CS, (A.G.)............ Edinburgh. his Lordship continued—“The Attorney,
anorney | *Cresswell,C (Q C.) Liverpool. General v. Jackson is a decision of the
*Duckworth, Saml. Leicester. highest authority. The facts were in every
*Erle, W. (Q. C.). Oxford (City). respect the same as they are here, with this
Follett, Sir Wm. single exception, that there was no repre
(Q. C.) ........... Exeter. sentative in this country. It is quite im
Freshfield, J. W.... Penryn & Falmouth. possible, however, to suppose that the lia
11 *Godson, Richard... Kidderminster. bility of legatees to the duty can depend *
*Hayter, W. G. ...
Wells. upon the act of the executor in proving or
Jackson, Serjt...... Bandon. not proving the will in this country; the
try; the Jervis, John (Pat. question being, not whether there be pro
1 of Prec.) .........
Chester. bate or letters of administration in England, |
4: Law, C. E. (Q. C.). Cambridge Univer. but whether, within the meaning of the act
Lefroy, Serjt. . ... Dublin University. of parliament, the property out of which
Litton, Edw. (Q.C.) Coleraine. the legacies are payable be property of a
Lynch, A. H. ...... Galway (Town). person which passes by the will of that person within the meaning of the act. It
Lushington, Stephen is extremely fortunate that this question, v
Tower Hamlets. (LL.D.) .........
L|Maclean, Donald ... Oxford (City). which has been so long afloat, is now finally
Mahony, Pierce ... Kinsale. settled by an authoritative decision of the
*Maule, W.H (Q C.) Carlow. House of Lords. In the propriety of thats
Murray, J. A., Rt. decision I entirely concur, being satisfied that it does justice between the public and Nicholl
Hon. .............. Leith,
ULD Cardiff. those whose property may become subject
O'Connell, Daniel, Dublin (City). to legacy duty. But even if I had not ap
Pemberton, Thomas proved of it, I should have had no power,
(Q. C.)............ Ripon. sitting here, to alter or to depart from it. I am therefore of opinion that the legacy
*Phillpotts, John... Gloucester.
Pollock, Sir F.(Q.C.) Huntingdon. duty is not payable on the legacies in ques
Pryme, George...... Cambridge (Town). tion.” The Attorney General v. Jackson may
Poulter, John ....... Shaftesbury. therefore now be considered as laying down the settled rule on this important subject. I f In re Ewin, 1 Cro. & Jer. 151; S. C. 1
Tyr. 91. Where the testator has an English do-1”
1 00:1 & Attorney General v. Dimond, 1 Cro. & micile, the legacy duty attaches upon all / Jer. 356; Attorney General v. Hope, 8 Bli. 44, the personal assets out of which his legacies N. S.; 1 Cro. Mee. & R. 530.
The Law of Attorneys.-Changes in the Law.
Rolfe, Sir R. M.
I voyage, instruct G. H. in the Hindostanee (S. G.)............
Penryn & Falmouth. language, which would be of great service to Scarlett, Hon. R.C. Norwich.
him in his profession. Other circumstances Shaw, Rt. Hon. F. Dublin University,
were stated, shewing that it was important to
G. H. in his profession to accompany his Shiel, R. L. ......... Tipperary (County).
brother on the voyage; and it was further *Stewart, James ... Honiton.
stated that the brother would be obliged to Talfourd, Serjt. .... Reading.
quit Bombay immediately on his arrival. No. Wilde, Serjt. (Q.S.) Newark.
tices had been affixed at the King's Bench Woulfe, Stephen .. Cashel.
Office, at the Judges' Chambers, and on the
outside of the Court, and had been left with No. II.
the Secretary of the Incorporated Law Society, MEMBERS CONNECTED WITH THE PROFESSION. stating the usual particulars, and also the inAbercromby, Right
tention to make this application. The appli. Hon. J. ........... Edinburgh.
cation had been made before Patteson, J., at
chainbers; but the learned Judge doubted Bernal, R. ........... Rochester.
whether he had the requisite power at chamBlewitt, R. J. ...... Monmouth.
bers. Sir W.W. Folleit now referred to Ex Buller, Charles ...... Liskeard.
parte Hulme, 4 Dowl. P. C. 88. Carter, J. B. ...... Portsmouth.
Por Curiam.-Ordered, that the said George Courtenay, Philip.. Bridgewater.
Hancock be sworn, enrolled, and admitted an Dundas, Hon. J. C. York.
attorney of this Court, on the last day of this D’Eyncourt Tenny
term, upon producing all the necessary docu
ments for that purpose. son, Rt. Hon..... Lambeth.
In re Hancock, 4 Ad. & El. 780.
CHANGES IN THE LAW IN THE Grattan, H. ......... Meath (County). LAST SESSION OF PARLIAMENT, Grey, Sir G. ....... Devonport.
1837. Horseman, Edw.... Cockermouth.
I Vict. c. 55.
This is “ An Act for better regulating the Parker, John ........ Sheffield.
Fees payable to Sheriffs upon the Execution Rice, Rt. Hon. T.S. Cambridge City. of Civil Process." It received the Royal Richards, R........... Montgomeryshire.
Assent the 15th of July, 1837. It recites that Strickland, Sir J.... Yorkshire (West). Strutt, Edward ...... Derby.
it is expedient to amend the laws relating to Sugden, Right Hon.
the fees payable to sheriffs, under sheriffs, E. B. ............." Ripon.
deputy sheriffs, sheriffs' agents, bailiffs, and Villiers, C. P. ...... Wolverhampton.
others the officers or ministers of sheriffs in Wilmot, Sir J. E.... North Warwickshire England and
ckshire England and Wales, and to give the Courts of
Record at Westminster Hall a due control THE LAW OF ATTORNEYS.
over such fees; and also to provide a summary ADMITTANCE ON GOING ABROAD. remedy against such officers and others as shall Sir W. W. Follett applied that George Han extort or receive other or greater fees than by cock might be admitted an attorney of this law they shall be entitled to. It also recites Court on the last day of this term, without
that divers enactments touching the said offigiving a full term's notice. It appeared that G. H. had served his time under articles, that cers, contained in certain ancient statutes, he had intended to leave England about the baye become inconvenient, and ought to be end of next Trinity term, for the purpose of practising as an attorney in the Superior Courts repealed. It is therefore enacted as follows: at Bombay; for which purpose it was essential | That so much of 42 Ed. 3, c. 9, as relates to he should be admitted in a Superior Court in the time during which under sheriffs and shethis country : that his brother (from circum- riffs' clerks may abide in their respective offi. stances mentioned in the affidavit) was obliged ces; also the act I Hen. 5, c. 4; and also so to proceed to Bombay speedily, and had taken much of 23 Hen. 6, c. 9, as relates to the fees his passage on board a ship which was under to be taken by sheriffs, under sheriffs, sheriffs' an engagement to the East India Company to clerks, and other officers and ministers of sail on the 9th of May next (last day of Easter sheriffs, be and the same are hereby repealed. term), and that the brother would, during the (s. 1.)
Changes in the Law. Sheriff's to take only such Fees as are allowed shall have the same powers in every particular, by laxing officer of Courts of Law at West. with respect to offences against this act upon minster.—That from and after the passing of process issuing out of the said Court of Comthis act it sball be lawful for sheriffs, or their mon Pleas at Lancaster and Court of Pleas at officers concerned in the execution of process Durham respectively, as are hereinbefore given directed to sheriffs, to demand, take, and re- to the Courts at Westininster respectively in ceive such fees, and no more, as shall from respect of process issuing from those Courts. time to time be allowed by any officer of the (s. 5.) several Courts of Law at Westminster charged That this act may be amended, altered, or with the duty of taxing costs in such Courts, repealed by any act to be passed in the present under the sanction and authority of the Judges session of parliament. (s. 6.) of the said Courts respectively. (9. 2.)
To prevent officers taking fees not allowed, or grentcr fees than are allowed, and other per.
No. VIII. sons from taking any fees.—That any sheriff,
INDEMNITY ACT. officer, or minister acting in the execution of process directed to any sheriff or sheriffs, or
7 W. 4, c. 12. engaged or concerned therein, who shall ex This act received the Royal Assent on the tort, demand, take, accept, or receive from 8th June, and is intituled “An Act to indemany person or persons any fee or fees, gratuity, nify such Persons in the United Kingdom as or reward not allowed as aforesaid, or greater have omitted to qualify themselves for Offices in amount than as allowed as aforesaid, such and Employments, and for extending the Time sheriff, or other his officer or minister, upon limited for those Purposes respectively until complaint thereof made against him to any of the Twenty-fifth Day of March One thousand the said Courts, and on proof being made eight hundred and thirty-eight; and for the thereof upon oath, either by the examination Relief of Clerks to Attornies and Solicitors in of witnesses vivá voce, or on affidavit, or on certain cases. interrogatories, to the satisfaction of the Court After reciting 1 G. 1, st. 2, c. 13; 13 C. 2, to which the said complaint shall be made, that st. 2, c. 1 ; 25 C. 2, st. 2, c. 2.; 30 C. 2. st. 2; such sheriff, officer, or minister, as the case 8 G. 1, c. 6; 9 G. 2, c. 26; 18 G. 2, c. 20; may be, hath offended therein as aforesaid, I 6 G. 3, c. 53; 9 G. 4, c. 17; 10 G. 4, c. 7, then and in such case every such sheriff, offi- it is enacted that persons who have omitted to cer, or minister, as the case may be, shall be qualify themselves as required by the recited adjudged guilty of a contempt of such Court, I acts shall be indemnified and allowed until and punished by such Court accordingly; and the 25th March 1838. (s. 1.) if any person, not being such officer or minister Indemnity to those who have omitted to as aforesaid, shall assume or pretend to act as make and subscribe the oath and declaration such, and shall extort, demand, take, accept, I required by the Irish act of 2 Anne. (s. 2.) or receive any fee or fees, gratuity, or reward, But not to indemnify persons against whom under colour or pretext of such office, he shall, final judgment is given. (s. 3.) on like complaint aud proof, be in that re- And not to exempt Justices acting without spect dealt with by the Court in like manner. legal qualification. (s. 4.) (s. 3.) .
Admissions to corporations may be stamped Court inay. award costs.—That in all cases after time allowed by law, viz. on or before of summary complaints as aforesaid, the Court 25th March 1838. (8. 5.) before which such complaint shall be pre- Indeipnity to persons who have paid the duferred may at its discretion award the costs of ties on indentures to serve as clerks to atturnies or occasioned by such complaint to be paid by &c, but have neglected to cause affidavits thereeither party to the other; such costs to be lofto be made. Time allowed till first day of Hil. taxed by the Master of such Court: Provided ary Term, 1838. Neglect of attornies &c., in alıyays, that no such complaint shall be enter- taking out their annual certificates not to distained unless made before the last day of term qualify the persons who have served them. (s.6) next following the act whereof complaint is In case the attorney, solicitor, proctor, or made. (s. 4.)
notary to whom any person shall have daly Fees to the Sheriffs of Lancashire and Dur-served his clerkship under articles in writing ham.-That from and after the passing of this for that purpose shall after such service of the act the sheriff's of, Lancashire and Durham, I clerk be struck off the roll in consequence of and their officers, shall have and be entitled to some defect in the service under the articles the like fees, and no inore, upon process of clerkship or of the admission and enrolment issuing out of the Court of Common Pleas at I of such attorney, solicitor, proctor, or notary, Lancaster and out of the Court of Pleas at the person who has so duly served his clerkship Durham respectively as from time to time shall not be prevented or disqualified from beshall be allowed under the authority of this ling adınitted and enrolled as an attorney, soll act to sheriffs upon process issuing from the citor, proctor, or notary, nor liable to be Superior Courts at Westminster; and that the struck off the roll if admitted, by reason of said Court of Cominon Pleas at Lancaster and such defect as aforesaid, provided that such Court of Pleas at Durham respectively, or any I clerk or person be otherwise entitled to be adJudge thereof respectively, being also Judge mitted and enrolled according to the laws DOW of one of the Superior Courts at Westininster, in force relating thereto. (s. 7.)
Changes in the Law.— List of Public General Statutes.
301 • No person who has been admitted and en- whatsoever incurred or to be incurred by any rolled and in actual practice as an attorney, such neglect or omission, such person or persolicitor, proctor, or notary shall be liable to sons may plead the general issue, and upon be struck off the roll for or on account of any their defence give this act and the special defect in the articles of clerkship, or the matter in evidence upon any trial to be had registry thereof, or the service under such thereupon. (s. 12.) articles, or of his admission and enrolment, unless the application for striking him off the roll be made within twelve months from the STATUTES PASSED IN THE THIRD time of his admission and enrolment. (8. 8.)
SESSION OF THE TWELFTH PARAnd reciting that by an act passed in the seventh year of the reign of his late Majesty
LIAMENT OF THE UNITED KING. King George the Fourth, to allow until the
DOM OF GREAT BRITAIN AND tenth day of October, one thousand eight hun IRELAND, .1837. dred and twenty-six, the enrolment of certain
7 WILL. IV. & 1 Vict. articles of clerkship, and for other puposes therein mentionert, it was enacted, that it
PUBLIC GENERAL ACTS. should not be lawful for the Commissioners of Stamps, or any of their officers, to stamp,
7 WILL. IV. under any pretence whatever, after the expira 1. An act to suspend for a limited time the tion of six months from their date, any articles operation of two acts passed in the last session of clerkship to attornies or others, as therein of parliament, for registering births, deaths, specified : And that the using of the word and marriages in England, and for marriages « Months” in the said last-mentioned act, in in England. this respect, without the addition of the word 2. An act to amend an act passed in the “ Calendar,'' occasioned mistakes and incon- seventh year of his present Majesty, for con. veniences; it is therefore enacted, that from solidating and amending the laws relating to and after the passing of this act the word the presentment of public money by grand “ Months” used in the said last-mentioned juries in Ireland. act, so far as the same relates to the stamping 3. An act for transferring to the Commis. of articles of clerkship to attornies and others sioners of the Admiralty all contracts, bonds, therein specified, shall be understood to mean and other securities entered into with the calendar months. (s. 9.)
postmaster general in relation to the packet And reciting that several persons bound to service. serve as clerks or apprentices to attornies or 4. An act to continue, until the first day of solicitors have applied to have the indentures July one thousand eight hundred and thirtyor contracts of such clerkship stamped after seven, the powers of the commissioners for the expiration of six lunar and before the ex- ( inquiring concerning charities in England and piration of six calendar months from the date Wales. thereof; it is further enacted, that it shall and 5. An act for amending an act of his late may be lawful for the Commissioners of Majesty, for restricting the punishment of Stamps and Taxes, or any of their proper offi- leasing-making, sedition, and blasphemy, in cers, at any time before the last day of Mi- Scotland. chaelmas Term One thousand eight hundrel 6. An act to apply the sum of two millions and thirty-seven, to stamp any articles of to the service of the year one thousand eight clerkship, contract, indenture, or other instru. hundred and thirty-seven. ment whereby any person hath become bound 7. An act for punishing mutiny and deto serve as a clerk or apprentice, in order to sertion, and for the better payment of the army his admission as an attorney or solicitor in any and their quarters. of the Courts of Law or Equity, although the 8. An act for the regulation of his Majesty's period of six calendar months from the date | royal marine forces while on shore. thereof hath now elapsed, upon payment of 9. An act to amend several acts relating to the proper duty payable in respect of the same, the royal mint. and of the further sum of five pounds by wav 10. An act to alter, amend, and continue of penalty, provided it shall be proved to the for a certain period, an act for repealing cersatisfaction of the said Commissioners that tain acts relating to the removal of poor perapplication was made to them or to their sons born in Scotland and Ireland, and chargeproper officer to have such articles, contract, able to parishes in England, and to make other indenture, or instrument stamped within six provisions in lieu thereof. calendar months from the date thereof. (s. 10.) 11. An act to apply the sum of eight mil.
Not to restore persons to any office avoided lions, out of the consolidated fund, to the serby judgment. (s. 11.)
vice of the year one thousand eight hundred 'In case any action, suit, bill of indictment, and thirty-seven. or information shall from and after the passing! 12. An act to indemnify such persons in the of this act be brought, carried on, or prose- united kingdoin as have omitted to qualify cuted against any person or persons hereby themselves for offices and employments, and meant or intended to be indemnified, reca- for extending the time limited for those purpacitated, or restored, for or on occount of poses respectively until the twenty-fifth day of any forfeiture, penalty, incapacity, or disability | March one thousand eight hundred and thirty
List of Public General Statutes.
eight ; and for the relief of clerks to attorneys ported into the United Kingdom, for the service and solicitors in certain cases.
of the year one thousand eigbt hundred and 13. An act to amend the acts for regulating thirty-seven. the General Penitentiary at Millbank.
28. An act to amend an act of the third and 14. An act to explain and amend two acts fourth years of his late Majesty, for the limitarelating to trial by jury in Scotland.
tion of actions and suits relating to real pro15. An act to discharge his Majesty's manon perty, and for simplifying the remedies for and demesne lands at Newark in the county trying the rights tbereto. of Nottingham from any costs of rebuilding or 29. An act for enabling her Majesty to grant repairing Trent and Mark ham bridges, and to the rank of general officers to foreigners now charge the saine on the other hereditary re-bearing her Majesty's commission, and to pervenues of the crown.
mit the enlistinent of foreigners under certain 16. An act for raising the sum of eleven restrictions. millions by Exchequer bills, for the service of 30. An act to abolish certain offices in the the year one thousand eight hundred and superior courts of common law, and to make thirty-seven.
provision for a more effective and uniform es17. An act for carrying to the consolidated tablishment of officers in those courts. fund certain monies paid into the Exchequer, 31. An art for continuing military commisand usually applied as a part of the annual sions and commissions in the royal marines aids and supplies; and for cancelling stock in force notwithstanding the demise of the transferred to the commissioners for the re- crown. duction of the national debt on account of the 32. An act to repeal the several laws relatredemption of land tax.
|ing to the post office. 133. An act for the management of the post
office. 18. An act for continuing until the first day 34. An act for the regulation of the duties of June one thousand eight hundred and of postage. thirty-nine, and to the end of the then session 35. An act for regulating the sending and of parliament, the several acts for regulating receiving of letters and packets by the post free the turnpike roads in Great Britain which will from the duty of postage. expire with the present or with the next ses. 36. An act for consolidating the laws relatsion of parliament.
ing to offences against the post office of the 19. An act to einpower the recorder or United Kingdom, and for regulating the judje other person presiding in quarter sessions incial administration of the post office laws, and corporate cities and towns, and justices of the for explaining certain terms and expressions peace for counties, ridings, or divisions, to employed in those laws. divide their respective Courts in certain cases. 37. 'An act to continue until the first day of
20. An act for transferring and resting the July in the year one thousand eight hundred Royal Military Canal, roads, towing paths, and and thirty-eight, and from thence to the end of the ramparts and other works belonging there. the then next session of parliament, an act for to, and all estates and property taken and oc- the more effectual administration of the office cupied for the same, in the counties of Kent of a justice of the peace in and near the and Sussex, and also the rates and tolls arising | metropolis. therefrom, in the principal officers of his Ma-1 38. An act for raising the sum of thirteen jesty's ordnance.
millions six hundred and twenty-three thousand 21. An act to amend the acts for the ex three hundred pounds by Exchequer bills, for tension and promotion of public works in the service of the year one thousand eight Ireland.
hundred and thirty-seven. 22. An act to explain and amend two acts 39. An act to interpret the words "sheriff,” passed in the last session of parliament, for “ sheriff clerk,'' “ shire," “ sheriffdom,” and marriages, and for registering births, deaths, “ county," occurring in acts of parliament reand marriages, in England.
lating to Scotland. 23. An act to abolish the punishment of the | 40. An act to continue an act of the fiftypillory.
fourth year of his Majesty King George the 24. An act to explain and amend an act of Third, for rendering the payment of creditors the seventh year of his Majesty King George the more equal and expeditious in Scotland, until Fourth, to provide for improving and rebuild the first day of May one thousand eight hundred ing shire halls, county halls, and other build- and thirty-eight, and from thence to the end ings for holding the assizes and grand sessions, of the then next session of parliament. and also judges' lodgings, throughout England 41. An act for the more effectual recovery and Wales.
of small debts in the sheriff courts, and for re25. An act to make more effectual provisions gulating the establishment of circuit courts for relating to the police in the district of Dublin the trial of small debt causes by the sheriffs, in metropolis.
Scotland. 26. An act for the amendment of the laws 42. An act to continue until the thirty-first with respect to wills.
day of December one thousand eight hundred 27. An act for granting to her Majesty, until and thirty-eight, and from thence to the end of the fifth day of July one thousand eight hundred the then next session of parliament, an act of and thirty-eight, certain duties on sugar im- the ninth year of his Majesty King George the