The Sun.
London, England, 1856-03-26 00:00:00

agreement as that which was sought to be made out
by the plaintiff, -Alt that Mr. Beaumont intended
wag, that there should be an honourable arrangement
between two the companies, and that would have been
carried out but for the disgraceful and fraudulent'con-
duct of the Protestant Company, as it was called.
The fact was, that the County could not obtain to
sixpence of the premiums they were entitled to from this
miserable insolvent company ; and he submitted that it
was pretty plain that they never
„intended to pay a
farthing, and would not have done so if it had not been
.for the fire ; and thus, they thought, by the trick of
sending the cheque for 49/., to saddle the county with
this heavy loss. He should she-iv them by the deed' of
settlement of the company, that the County could not
legally enter into such an agreement as the ono that had
been suggested ; and they had the opinion of a high
legal authority to that effect, and Mr. Beaumant.weald
be called to prove that the persons -connected with the
Protestant Company were perfectly well aware of the
fact. Mr. Beaumont was willing to receive the busi-
ness froin the Protestant, and to run the ti3ks, pro-
vided the premiums were paid, but it was clear that not
a sixpence could be ebtaieed from this insolvent corn-
piny, and .that the payment of the 491., after the tire had
happened, was a mere trick to entrap the County and
render them liable. The learned counsel comment( d
in indignant terns upon the conduct pursued by the Pro-
testant Company in issuing fresh policies, after their
own admission that they had no funds in their posses-
sion, and he said be had no hesitation in expressing hie
opinion that this company was neither inure nor less than
a public swindle ; and he tad that although they had
the audacity toylace at the top of their policies an open
Bible, it appeared to him that the sooner their Bible,
and their eiffiee too, was closed, the better it would be
for the public.
The deed of settlement of the County Company was
then put in, and p rtions of it were read, and Mr. Beau..
mont was called as a witnerw, and be stated most dis-
tinctly that nothing was ever intended more than an
honourable arrangement between the two companies;
and be al.o. said that the solicitor to-the Protest-+nt•offioe
was aware That the original agreement that bad been
proposed was submitted to counsel for considerations
and an opinion given that it could not legally be car.
ried out.

The learned Judge expressed his opinion that ne
agreement, such as was contended for by the plaintiffs,
had been made out, and, after the evidence that had
now been given, he thought there was an end of the
case,

The Jury said they were of opinion that no legal
agrve►nent had been made out.

A verdict was then entered for the defendant upon
the plea relating to the agreement, which was the sub•
Stan tial question in the cause. Upon the plea of fraud
Mr. James consented that the jury should be discharged
from expressing any opinion ; and some of the formal
pleas were entered for the plaintiff, the verdict in effect
being fur the defendant

TEE SOLICITOR-GENERAUS TESTAMEN
TARY JURISDICTION BILL.

The following are the principal clauses of the bill its
trodUced by the Solicitor General for establishing a new
testamentary jurisdiction. See. 3 provides that the bill
shall not extend to Scotland and Ireland, except where
expressly mentioned. :The last section of the bill, how-
ever; does expressly mention that probate granted in Eng-
land shall be valid in Ireland and Scotland, and vies
versa. Sec. 4 abolishes the existing testamentiry juris-
diction of all ecclesiastical and other Courts, and sec. 5
vests the same in a new court, to be called "Her Ma-
jesty's Court of Probate and Administration," whisk
court (by sec. 6) is to have the same jurisdiction as the
Court of 'Chancery in the construction of wills and the
administration of asSets,. Sec. 9 provides that the sitttngs
of this court shall be in London, Middlesex ; or else-
where, as the Queen in Council may appoint,.
The following sections, from 16 to 19, relate to the
appointment, qualification, duties, and salary of the
judge of the court thus constituted. He is to be an ad-
vocate of ten, or a barrister of fifteen, years' standing ;
his salary is to be 5,0001. a-year, with a retiring pension,
the proposed amount of which is not indicated. Besides
presiding in his own court, he is, in case of their illness
or absence, to assist the. Master of the Roils and the
Vice-Chancellors, by presiding in theirs. The staff of
the court, in addition to the judge, and a secretary at
3001. ayear, is, by sec. 24, to consist of the following
officer, :-1 principal registrar, at 2,5001. a-year ; 4
registrars, at 1,8001. each ; 16 official proctors, at 1,0001.
each ; 2 commissioners for administering oaths, at 6001..,
each ; and a variety of clerks and subordinate attend-
ants. By sec. 24, the principal registrar and thS bulk
of the other officers are to be appointed by the Leed
Chancellor. By sec. 23, no one can be appointed a re-
gistrar or an official proctor wbo is not, er has not, been,.
an advdca,te, firrister, proctor, solicitor, or attorney.
Sc.e 31 provides tLat. all advocates in Doctors' Coin-
moes shall at once be a linitted to practise in all courts
as barristers ; sec. 32, that all proctors shall, in like
manner, be privileged to act as attorneys or solicitors
and sec. 33, that the articled clerks of proctors shall be
adinltled as attornqs or solicitors on .the same condi-
tions as ;hough before the commencement of the act they
had been serving as the articled clerks of Solicitors or
attorney's. By sec. 34 attorneys and solicitors may
practise in the new court.
sec. 38 constitutes the Appellate Tribunal, providing .
that " from all orders or decrees of the oonrt an appeal
s,hail lie to the House of Lords."

•
nesids the "C,itirt of Prob.tte,' the bill, by see. 21,
creates a " Testamentary-office " in which all the "com-
mon form" business of the court will virtually be. trans-
neted.
Toe sections from :39 to 44,' both
hincl:ruaarivm.e,, rbell)abitneeezt
the Mode of 'transacting this ,4c
in other words, of obtaining probate and administratieu
in undisputed cite's.. Persons desirous of obtaining pro-
bate or administration are to apply at the Testainen-
tary,offise-and leave there the %ill and a copy 'of the
will, together with a printed form of affidavit, jotted by
the registrar and sold at the stationers', which they are
to fill up as.the case requ rrs, Persons residing beyond
the limits of the London district post may trensutit these
documents through the General Post.office. Probate and
administration is to he grantee by the registrar, who is to
cause copies of all wills sent into the office to be printed,
and transmitted f purpose of deposit to the Metropo-
litan Register-office of BirthsiAnd Deaths in tondon,.to
the corresponding office of the district where the deceased.
died, to the. PrtCrogative•office in Dublin, and the Corns
rnissary's-office in E linbargh, such printed copies to be
inspected on payment of a fee of sixpence. Probate or
administration is, as a general rule, to be taken out
within two months of the death of the &ceased ; say
person desirous of renouncing I,robate or a iministra-
si(m may do so by filiing`up and transmitting to the re-
gistrar a siniple printt forms
The practice of the court under its cmitentiouskrrisdic-
tion is t,) be regulated in a great degree by rules here-
afteeto .be published ; we shall notice a few of the more
important points provided for by the. bill. The court is
empowered t tappeint, and direct the remuneration of, a-
pereon authorised to Act, as administrator during the pen-
dency of a suit (es. 74 asd 75). It is to have the rams
p ,wQrover wills that is now posseeeed by the Preroga-
tive Court (s. 30), and may order the removal 'from the
registry of a forged will, or the re-toration of one that
has been tampered with (s. 81). It may older the pro-
duction of any instrument purporting to be tenementary
(S. 82) may direct issues to be tried before itself, either
by special or common juries (s. 83) ; may examine wit-
nesees rica,voce, compel the production of deed., &;r.
81) ; and require the attesting witnesses to be interro-
gated in open court (s. 86). It may also direct issues
concerning the validity of a nil! to be tried in the Se-
pea nCourte of Common Law, either in town or at the
assizes (s. 85), and if-dissatisfied with the verdict, may
Order a new trial eithsr
(afore itself, or where the for-
mer trial took place (4. 87). ron . •
giving jurisdict in cm Lain cases
CelLurstess. By bee. 88 if the personal estate
t o ThentteC County Courts.
is under the value of 2006. the County Court of the dis-
trict in which the deceased died shall have plenary
powers to decide all disputed questions whatever. Where
the real and personal property do not collectively exceed
3001., the County Cobrt sball have the same powers of
adnunittration and distribution as are possessed by the
importance relate to the de-
NelwieConuexrt of P
t proyrioshioatt
ige (s.ot 8i 9m).
p
posit and custody of wills. Ou the requisition of the
registrar, all judges, registrars, &c., under a penalty of
1001., are to transmit to the "Testamentary-office, to be
tthere deptedted'nnd'arranged so as to be easy of refer-
ence, all wills and instruments relating to causes testa-
Inentary." (s. 100, 101.) In the same office is to be pro-
vided a sate and convenient depository for all wills of
such living persons ae choose to place them there,
(e. 102.)
We now come to the question of fees. Section 118
provides that a table of lees shall be prepared by the
Lord Chancellor before the bill becomes an act. Section
114 prohibits, under a penalty of 50014 any officer from
accepting any gratuity, or taking any fees to his own
use. Sections 116, 117, 118, direct that fees, so a.
general rule, shall be paid, not in money, but by stamps
into an account to be opened with the Bank of Enlace
to the credit of the Accountant-General, and-to be called
" The Testamentary• Fee Fund Account." These provi-
sions relate .to the general and permanent fees to be
toafkteentniilrytahrenew courk; but besides these a certain table
fees is appended to the bill, to be taken in
lieu of the present proctorial fees, for the purpose of nos
ing a temporary fund in order to pay off the vast amoun
of compensation contemplated. These fees range in the
case of probates, from ls. 6d. on property under Mi.,
up t0,41/,.55. on property under 100,000/, ; in the case
of administrations, from ls. .6d. on 501, to 581. 2s. 6d.
on 100,0001. The stamp fees on theiviame amounts are
given in a separate column. They rise in the case of:
probates, from 16s. to 1,3501. on the amounts of property
before mentioned ; •and in the case of administrations,
from 10s. to 2,0251. The list of compensations is some-
thing very formidable. In the first place corns the
"Judges, • deputy judges,. registrars, and deputy regis-
trars ; ' these parties, if they have held office for three
years before the bill becomes law, are to receive as a
compensation annuity half"the amount received by them
on an average of the last five years (8. 123 )_ Pr? 9
are in like manner to have half of the net profits of their
proctorial incomes similarly calculated on an average of
five years (s. 127.) Articled clerks and juvior proc-
tors are to rec3ver back one-third of the fee paid by
them on entering into articles (s. 129.)
The Judite of the Prerogative Court is to be paid off
in full ('. 130.)
Viscount Canterbury is to receive what vrill make up
a clear annual income of 3,0001. a year for his life (8.132.1
The Rev. Robert Moore is to receive a sum to be set-
tled by arbitration as an equivalent for the inter
nn est he
1101(181a :the public registry of thy Premotive
1. 188: 3.3 is 185.)