and that a fair and moderate fee should be fixed as a minimum for each item or head of business, and be applicable to the ordinary description. of business falling under that head. "2. That for certain descriptions of business which are specifically referred to in the statement laid before the Chancellor, but which may be described in general terms as involving mental labour and personal responsibility as distinguished from merely mechanical employment, the fees to be ordinarily allowed should be increased at the discretion of the Taxing Masters. "3. That in the taxation of solicitors' costs, the Taxing Master should be directed to consider, and should be at liberty to give effect to any special agreement for remuneration which may have been entered into bonâ fide between competent parties in respect of all or any part of the business done. "4. That the exercise of the Master's discretionary powers with reference to matters falling within the application of the principles Nos. 2. and 3., be in all cases subject to the revision of the Court." The only novelty as to the sentiments here expressed, is the finding them in the Report of the Law Society; but we are quite satisfied so long as they are there. In the same sense the Pamphlet of Mr. Parker, a respectable solicitor, may be perused with advantage. "It is true," he says (p. 12), "that the 8 & 9 Vict. cc. 119, 124, contain provisions that in taxing any bill for preparing and executing deeds under the Act, the Taxing Master should consider not the length of such deed, but the skill and labour employed, and responsibility incurred. But this effort in the right direction is too partial to be of any benefit." Thus we have at length a solicitor calling for an extension of the principles of these Acts! Here, then, we may also expect some alteration of the law next Session. Another principal feature in the discussions of the next Session, will doubtless be the measures which will arise out of the labours of the Law Commissioners recently appointed. Those have all been appointed, as we are informed, on the understanding that they are to report in such time that their recommendations may be acted on during the approaching Session. Let us, then, consider what these Commissions are, and what may reasonably be expected from them. The first appointed was the Statute Law Commission. This rests on the letter of the Lord Chancellor to Mr. Gladstone, of the 28th February last, and the other correspondence printed 18 L. R. 433–437. The Commissioners are, Mr. B. Ker, Mr. Anstey, Mr. Rogers, Mr. Coode, and Mr. Brickdale. Their duty is to examine and report as to the existing Statute Law; to make special and detailed reports of all the repealed, expired, and obsolete statutes; and then to devise a plan for a systematic arrangement of the existing Statute Law according to subjects, and to make a Digest. In another part of this Number will be found some notice of the labours of these gentlemen. No one can complain of the want of industry of the junior Commissioners. It remains to be shown that the gentleman called in these papers the Head Commissioner has done anything at all, or is, in fact, adequate to direct the proceedings of the others. He has not been sparing in his censures of the legislative efforts of others, and has placed his own position in an imposing light, endeavouring in proportion to his depreciation of others to exalt himself. We have only to observe as to this that he has been for many years a drawer of Bills in connection with the Government, and that we cannot remember one Act of any importance which is favourably connected with his name, while those which have been associated with it have not tended to give his professional brethren the highest confidence in his attainments, either as a lawyer or a draftsman. We say this with the less hesitation of Mr. Ker as he has criticised, in unsparing terms, many recent Acts, including those drawn by Mr. Brodie and Lord St. Leonards, blackening the labours of others and gilding his own. This much it is our painful duty to remark in justice to the subject and with reference to the evil that may ensue from his present position, to which we consider any one of the junior Commissioners is far better entitled. The second Commission, composed of Sir T. B. C. Smith, M. R. Ireland, Sir C. Cresswell, Lord Curriehill, Mr. Bramwell, Q. C., Mr. Anderson, Q. C., Mr. K. Hodgson, Mr. Bayley, and Mr. Slater, and they are appointed Her Ma jesty's Commissioners for inquiring into the expediency of assimilating the mercantile laws of the United Kingdom. This Commission was appointed in consequence of the representations of the conference held at the rooms of the Law Amendment Society, in October, 1852, and we believe that the Commissioners have already had several meetings, chiefly to consider the question of partnership en commandite. It is obvious that in order to represent on the Commission the various interests required, and more especially the lawyers of the three kingdoms, it was necessary to select persons who must reside in different parts of the empire, and this must be attended with the disadvantage of less frequent complete meetings than may be be desirable. But we shall look with interest on the Report coming from (not to name the others) lawyers so able and eminent as the Irish Master of the Rolls (a true Law Reformer), and Mr. Justice Cresswell, and merchants so intelligent and judicious as Mr. K. Hodgson and Mr. Slater. The third Commission consists of Mr. Spencer Walpole, Sir George Rose, Mr. Swanston, Q. C., Mr. M. D. Hill, Q. C., Mr. Bacon, Q. C., Mr. Commissioner Holroyd, Mr. Cooke, and Mr. Glyn, and these are Her Majesty's Commissioners "For Inquiring into the Law of Bankruptcy," This Commission has our complete approbation, and the selection is praiseworthy. We know of no one better qualified to preside than the chairman, Mr. Walpole, who to clear and statesmanlike joins practical views and great amenity of manners. We find also able lawyers and leading advovates, and a proper admixture of law reformers, while the best class of mercantile men is represented in Mr, Glyn. The fourth, and undoubtedly to our mind the best, is the Commission which is composed of the following persons: Sir John Romilly, M. R., Mr. Justice Erle, Mr. Justice Crompton, Mr. Fitzroy, M. P., Mr. Keating, Q, C., Mr. Koe, Q. C., Mr. Serjeant Dowling, Mr. Pitt Taylor, and Mr. Mullings, and they are to be Her Majesty's Commissioners for inquiring into the state and practice of County Courts, This Commission is admirably composed, especially for the object in view; and we shall look to them for a procedure which will effect the real ends of justice. The fusion of Law and Equity in the County Courts will flow obviously from their deliberations; and if it works well in the County Courts, surely it cannot be denied to the Superior Courts. But a duty more urgent even than the inauguration of this great truth is to be performed by this Commission-we mean the ascertaining of the exact province and boundary of provincial justice. A great metropolitan jurisdiction there must always be in this country, but it must be confined to its proper limits. What can best be done in London, and what best in the great provincial towns, and what best in the smaller towns, this is what we expect to be told by the County Court Commissioners. How justice can be carried most effectually to the remotest part of the country-how the County Courts can be made ancillary to the central administration of justice-what can best be dealt with in the Superior Courts, what best finally decided in the County Courts, and when an appeal should be permitted, and where— all these matters, in which the dearest interests of justice are bound up, and which since the success of the County Courts was established have pressed for careful and unprejudiced investigation, must come before this Commission, and it will no doubt receive full attention. We consider, therefore, that all these Commissions are well timed and respectably selected, and it would be unjust if we did not express our conviction that the Lord Chancellor deserves credit, both in the issuing of the Commissions and with some qualifications in the selection of the Commissioners. In the choice that has been made we are happy to find that the Law Amendment Society, and more especially its Council, have been greatly resorted to; and if the arrows from that quiver are blunted by success, we know not where to look for others more serviceable. It appears to us, however, that if all these Commissions had been placed under some one regulating Head it would have been better. As it is, it is just possible we shall have conflicting recommendations. If we are asked what head? We have only one reply, a MINISTER OF JUSTICE. --- CHANCERY. 1. Agreement Construction of Act of Parliament-Compulsory Powers under. 2. Annuity- Gift of, whether for Life or Perpetual-Will-Construction. 3. Annuity Arrears. Interest Stat. 3 & 4 Will. 4. c. 42. s. 28. 4. Confirmation by Will- Voidable Conveyance from Client to Solicitor Pleading. 5. Costs Breach of Trust Trustees. 6. Covenant for perpetual Renewal of Lease Form of renewed Lease. 7. Ecclesiastical LeasePurchase Money and Compensation Investment Dividends. 8. Election Will not passing Scotch Heritable Bonds. 9. Guardian and Ward- - Principal and Surety- Undue Influence - Injunction. 10. Husband and Wife— Bequest to, and to Stranger-Will-Construction. 11. Husband and Wife - Wife's Equity to a Settlement, or Provision for Maintenance out of Life Interest Particular Assignees for Value of Husband. 12. Mortmain-Statute of-Construction - Bequest of Shares in Joint Stock Bank. 13. PowerDevise in execution of-Stat. 1 Vict. c. 26. 14. Sale instead of Foreclosure 15 & 16 Vict. c. 86. s. 48. 15. Secret Trust - Void Devise- Charity Trustee-Cestuique Trust. 16. Usury-Warrant of Attorney - Judgment - Security on Land. 17. Vendor and Purchaser-Copyholds - Whether Trustees for Sale of must be admitted. 18. Will-Construction - Illegiti - |