358 Superior Courts: Excheqner.- Notes of the Week. or before the service of the notice, and the present rule must therefore be made absolute. Rule absolute-Waddilove v. Barnett, H. T. 1836. C. P. The defendant, it appeared, had produced two persons, who had sworn themselves worth the requisite amount, and no objection was made. Soon afterwards, however, it was found that the bail were insolvent. The Court said that this was a very novel application, and could not be entertained. The bail might have been objected to. Rule refused.-Lazarus v. Levaux, H. T. 1836. Excheq. NOTES OF THE WEEK. LAW BILLS IN PARLIAMENT. House of Commons. Tithes Commutation. Prisoners' Counsel. Slaves Compensation. Bills to be brought in. Bribery Acts Consolidation. Registration of Aliens. FURTHER NOTICES OF MOTIONS RELATING To amend the Law of Prosecutions for Con- To alter the Law as to Double and Treble TAX ON ATTORNEYS. Three other Petitions have been presented from Scotland for the repeal of this Poll Tax, which is inflicted on one branch of the Profession of the Law, and not on the members of any other profession. It produces to the revenue about 70,000/ a-year. If this sum is not to be distributed over the learned professions generally, it would be preferable to raise it by a duty on Decrees in Equity and Final Judgments at Law, and thus the amount would be paid in proportion to the quantity of business; and it seems proper to pay it at the conclusion of the proceedings, when the party may expect an early reimbursement. At present, a young member of the profession who may receive 2001. a-year, pays six per cent, whilst another practitioner pays-at the rate of one per cent. only, and some pay merely a few shillings per cent. tax is therefore an unequal one amongst the members of the profession itself, and is an unjust one, because it is not paid by other professions. The Notes of the Week.—Answers to Queries.—Queries. ECCLESIASTICAL COURTS BILL. This Bill, of which we gave a very full It ANSWERS TO QUERIES. Law of Property and Conveyancing. APPOINTMENT. P. 312. 359 1. In reply to the query of S., it appears that Bor C., whichever survives, will have a power of appointment over the estate; and certainly while they both live, unless the following I do not see how that power can be exercised words, in the 77th section of 3 & 4 W. 4, c. 74, will bear that construction; viz. “And also to release or extinguish any power which may be vested in or limited or reserved to her in regard to any lands of any tenure or any such money as aforesaid, or in regard to any estate in any lands of any tenure, as fully and effectually as if she were a feme sole," &c. It is, however, a singular case for land to be conveyed to a man and his wife. The querist does not say whether the purchase money is furnished by the wife. H. abstract in a double number of the 20th of February, has excited, as might have been expected, great attention throughout the Legal Profession in all parts of the country. It is a very sweeping measure. The complaint against it is, that it does not seek to reform the Local Courts, but abolishes them, root and branch. The Country Proctors, as | well as the officers of the Local Courts, are strongly opposed to this wholesale innovation. A Central Court, with an eminent Judge, and a superior Bar, must no doubt be attended with many advantages. may be allowed, however, that in cases of small magnitude there may be some local conveniences: but the question is, whether these are not outweighed by the general advantage of a Central Court established in London, whither the communications are so easy and frequent, that the business of Probates and Searches may be conducted with more expedition, and at less expense, than from one part of a county to another. The evil which the Bill seeks to redress has been created by the multiplicity of the petty and By F. not having surrendered the premises to the use of his will, the devise of such prepeculiar courts in all parts of the country. mises became inoperative (being previous to Had there been one Court in each county, the 55 G. 3, c. 192); and having been ador each diocese, probably no attempt would mitted tenant, his estate did not require conhave been made to abolish them. One of firmation. Consequently, it is presumed, a the principal benefits which the plan pro- second admittance is unnecessary; and a fine mises-that of having a central place for being only due as a consideration for the adthe Registry of all Wills, might be obtain-mittance of a new tenant, it follows that where ed under the present system, inasmuch as due. Co. Cop. s. 56. there is no change of the tenant no fine is copies of all the Wills are transmitted to the Legacy Duty Office, where it would be easy to have a Public Registry, the expense of which might be amply defrayed by the fees received for Searches and Extracts. 2. B. and C. cannot make a good title. In Mac Adam v. Logan, 3 Bro. Ch. Ca. 320, Lord Thurlow decided that such a power could not be executed by the appointors during their joint lives. Vide Sugden on Powers. TEMPLE, Jun. COPYHOLD.-ADMISSION OF HEIR. P. 312. brother be still entitled? TEMPLE, Jun. ESTATE TAIL GENERAL. VOL. 10, P. 416. In the case stated, if the tenant in tail can, So much as to the general question be-base fee (see the Answer, p. 478), would not without the consent of the protector, create a tween the Metropolitan and Provincial the latter be thereupon enlarged by section 39 Proctors. There are other points of con- of the Fines and Recoveries Act, so that the sideration affecting Attorneys and Solici-tenant could absolutely dispose of the protors. The Bill provides that Proctors who perty without the aid of the protector? Or, are not Attorneys may be admitted to prac-on his death without issue, would his younger tise in the New Court. Those who combine the business of Proctor and Attorney, feel this restriction as a grievance; but this also affects only the Country Practitioner. There are some matters in the Bill which bear more directly on the London profession; but these we must reserve for another occasion, when the amendments to be suggested are more clearly defined than they are at present. QUERIES. G. W. Law of Property and Conveyancing. ADMINISTRATOR.-SALE OF LEASEHOLDS. Can an administrator sell leaseholds without the sanction of the Court of Chancery, for the purpose of distribution amongst the next of kin of the intestate? An authority is particularly requested. D. 360 Queries Editor's Letter Box. WILL. NEW TRUSTEES.-ADMINISTRATION. A. dies leaving a will, whereby he appoints B. and C. executors and trustees, who duly prove the same; in which will is contained the usual power to appoint new trustees, in case of death, resignation, or refusal to act, &c. B., the acting trustee, survives C., and makes a will, whereby he appoints D. and E. his executors and trustees. D. and E. refuse to act under the will of A., and in pursuance of the power contained in his (A.'s) will, appoint or otherwise assign all power and authority which they had to F. and G., who are now in the receipt of rents, &c.; but as a considerable sum is due on debentures or otherwise for interest, F. and G. have been refused payment thereof, unless they take out letters of administration de bonis non. Pray, is such an expensive course absolutely necessary, seeing that F. and G. have all powers vested in them by virtue of the assignment aforesaid, and are de facto trustees under the will of A.? And what remedy have they to enforce payment? T. S. DESCENT.-STATUTE OF LIMITATIONS. The Price of the Man of Business, or Pocket Companion, which we noticed last week, is 68. bound. It comprises Precedents, Memoranda, Rules, Tables and Calculations, in Matters of Professional and General Business, requiring attention when reference cannot be had to the Library. The Articled Clerks' Manual will be published, we hope, on Saturday next. It will be the work of several Gentlemen of both branches A. being possessed of freehold property in Kent, died intestate in the year 1781 or 1782, leaving two or more sons. J., the eldest, never before his death, in 1781 or 1782, claimed the of the Profession, and will comprise a complete property; and it has just been ascertained that Course of Study and Practice, with Directions a son of a younger brother of J. is in posses-relating to the intended Examination under sion. . left issue three sons, the eldest of the New Rule of Court. whom is non compos mentis, and therefore incompetent to prosecute his claim, should he be in time to do so; and his next brother is desirous of doing it for him. Is the late statute a bar to the claim? and, if not, what course should the brother of the aforesaid eldest son adopt to recover possession of the estate? T. S. Law of Landlord and Tenant. DISTRESS FOR RENT.-BILL.-CONSIDERA TION. A. being indebted to B. for rent, the latter distrained, and after keeping possession till the seventh day was told by A. that he and his bailiffs were trespassing; they consequently withdrew, and no sale took place. Afterwards B. through C. (the mortgagee of the premises) entered again, and distrained for the same rent, when an arrangement was come to, in order to save a sale. C. drew a bill of exchange on, and procured the acceptance of D., in which was included the expenses of both distresses, although A. objected to those of the first being included. Can C. recover against D., there being a want of consideration, as in fact there was no debt due from A. to C.? Will the second distress cure the first; and can all these matters be legally and specially pleaded? T. * S. We recommend "A Young Attorney" to apply at the Office of the Law Institution, for the information he requires. We thank M. for his Paper, which we shall take an early oppertunity of attending to. If the answer of "Forensicus" be inserted, we must of course admit a reply; and then, we presume, will come a rejoinder, and so on. Now our notion is, that each party having stated his case, the conclusion must be left to the good sense and feeling of the profession, and that we shall render no service to the cause of "Forensicus" by continuing the controversy at present. Some other correspondents have also written on the same subject, and at a future time it may be proper again to advert to it. An answer has been received from "One of the Convicted" to the Letter of S. on the Game Laws. Part of this letter we shall endeavour to find room for, and the whole be seen at the Publishers' by S., on stating his may name. The Queries and Answers of " Aspiro;" "A Contributor;" and Y. Z. have been received. The Grievance stated by "Legalis" shall be noticed. "Lector's" Observations were too late for this week. "An Articled Clerk's" Letter will appear. The Legal Observer. SATURDAY, MARCH 12, 1836. Quod magis ad NOS Pertinet, et nescire malum est, agitamus. HORAT. THE grain, as provided in a later part of the PROGRESS OF CHURCH REFORM. bill, and is to be liable to all county and We now resumea the consideration of one of the subjects which we have constantly had in view-the judicious reform of the Church. The present session promises to be an important one in that respect. The Ecclesiastical Commissioners have made their Report, which was laid on the table of the House of Lords on Thursday last. We shall shortly advert to this important document; in the meantime, we shall stateb the provisions of the new bill which has been introduced, with very little opposition, into the House of Commons, for the Commutation of Tithes, a measure which we have frequently advocated. The new bill provides three methods of commutation:-1. By individual voluntary agreements. 2. By parochial agreements, voluntary in the majority, but binding on the minority, if unappealed against. 3. By compulsory awards. 1. Individual voluntary Agreements. Any tithe-owner may contract with any individual land-owner for the conversion of tithe into a rent-charge; and several owners may concur in the same contract; and the guardians of minors, and other representatives of persons under legal disability, may contract in their names. The terms of such contracts are left entirely free to the contracting parties, except that the rent-charge is to be estimated in a See reference to the former articles on this subject, 9 L. O. 305. We alter and abridge this statement from the Companion to the Newspaper for March. VOL. XI.- No. 322. parish rates as the tithe was which it supersedes. Such contracts (in the case of ecclesiastical tithe) are to expire with the incumbency of the tithe-owner, unless confirmed by the patron and bishop, or by the commissioners provided in the bill, to whom an appeal is to be given from objections raised by the patron or bishop against the agreement. If so confirmed, the conversion is to be perpetual. The farmer may become a party to the contract, and in that case is to be bound to pay the amount agreed to be paid to the tithe-owner by the landlord as an addition to his rent. If the farmer refuse to join in the contract, his landlord is to succeed to the rights of the tithe-owner during his tenancy, either of taking tithe in kind, or any composition into which he may have entered, as the case may be. All these voluntary agreements are to be authenticated by the commissioners, who are to satisfy themselves that the parties had a right to contract; and the recitals in the agreement so authenticated are to be legal evidence of the facts stated therein. The rent-charges are to be recoverable by distress and entry only: any lands in the benefice which are occupied by the owner, or under one landlord, may be distrained upon to recover arrears due on account of any other lands occupied by the same owner, or under the same landlord; but no distress shall be taken for more than two years' arrears. The rent-charges are to be converted into equal value of wheat, barley, and oats, at the time of the commutation, on an 2 B 362 The Progress of Church Reform. average of the prices of the seven previous guide the parties in their individual and parochial agreements. years. The Comptroller of Corn Returns is to. publish annually a similar average of the seven preceding years, and the value of the estimated quantities of grain to be payable every year. All these provisions of a general nature apply to every commutation under the act, whether voluntary or compulsory. 2. Parochial Agreements, partly voluntary, partly compulsory. Instead of attempting individual agreements, or simultaneously with them, the tithe-owners may endeavour to procure parochial agreements. The commissioners are to value the tithes or compositions received during the last seven years, making a proper deduction for the expenses of collection where they have been taken in kind, and adding the amount of local rates and charges, if they have been compounded for, on the principle of the composition being paid clear of all such charges. The average sum so ascertained to be the money-rent that is to be turned into grain, as before mentioned, at the average prices of the same seven years, one-third in wheat, one-third in barley, one-third in oats. In every case of awards, public meetings will be held under the authority of the commissioners, to dispose of objections to them. any other; and whenever the sum which has been actually received (with the addition of local charges, if paid free from them) shall exceed 757, per cent. of the gross value so ascertained, the commutation is to be brought down to that proportion; if it fall short of 607. per cent., it is to be raised to it; if it fall between these proportions, it will, of course, continue unchanged. With this view, the owner of at least one-fourth part of the tithes may call a meeting of land-owners by public notice If either party give notice to the comand advertisement, and an agreement exe- missioners that this average is an unfair cuted by three-fourths in point of value of one, they are to value the gross amount of the tithe-owners, and three-fourths in point the tithes, as if they had been taken in of value of the land-owners or their proxies, kind during the whole period of seven to be binding on the whole parish, if ap-years, without making any deduction on proved by the patron and bishop, or com- account of the expenses of collection, or missioners, as in the case of individual agreements, and if not appealed from within three months. Parochial agreements, though appealed from, to be still good as to the remainder not appealing. Costs of the appeal to be paid as the commissioners to whom the appeal lies may direct. In case of unreasonable appeal, the appellant to pay all the costs. Parochial agreements to be authenticated by commissioners, and their recitals to be evidence. Powers are to be given to ecclesiastical persons, and others having estates less than the fee-simple, to charge their benefice or estate with the costs of commutation, to be paid off by instalments. The proceedings of the commissioners on appeal will be precisely the same as in the case of a compulsory award, except that they may prepare to adjudicate on appeal immediately after a parochial meeting, but are not to proceed in an original compulsory award, until after six months after the passing of the act. 3. Compulsory Awards (including, also, similar proceedings on appeals). If six months elapse without any individual or parochial agreement, either landowner or tithe-owner may apply to the commissioners for an award. The principles on which such awards are to be made, constitute the distinctive features of the bill, as it may be expected that they will Hop-grounds, orchards, and market-gardens, are excepted out of this clause, and are specially provided for. The only point remaining, is, the constitution of the Board of Commissioners. They are to be three,-two appointed by the Secretary of State, one by the Archbishop of Canterbury; and all three removable only at the joint pleasure of the Secretary and Archbishop. They are to be a body corporate, but to be appointed only for five years. They may appoint any number of Assistant-Commissioners, not exceeding nine, without the consent of the Treasury; and may delegate any of their powers to their Assistants, except the acts required to be under their seal, such as confirming and authenticating agreements and awards, &c. The Commissioners are to report to the Secretary of State, and to lay an Annual Account of their progress before Parliament. The assistant-commissioners may attend parochial meetings, if requested (on the |