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

Witness—l cannot say.

The learned Judge said that he thought the examina-
ion was verging towards a criminal charge, and he

thought he should caution the witness that he was not
bou id to ans.ver any questions that he thought would
Criminate him.

The witness then said that no flesh policies had been
issued—they were life policies.
Mr. James—And supposing any of the parties should
die, what money have you got to pay them with ? Have
you got 501.
Witness—Yes. We have 501. or 1001., but I won't
go beyond that.
Re-examined—They would have paid Mr. Middleton's
policies with the money obtained from the County, who
they considered were liable. Their own company was
completely registered according to Act of Parliament,
and they bad a great many responsible shareholders.
Mr. R. Elderton, the Secretary to the Protestant ann-
pany, proved that be saw Mr. Beaumont upon the sub-
ject of the management referred to in his letter, had that
he told him it was quite sufficient, and that it was not ne•
cessary to have any formal agreement.. He also said that
a gentleman connected with the County went through
their, list of fire policies, -and accepted those only he
thought proper, and among them were those of M.
Middleton. The 491. that was paid included the pre-
miums for those policies. • Ile believed he beard of the
fire on the 19th Dec., and the cbeque was sent in on the
21st. It was not accepted at first, but eventually a re-
ceipt, was sent for the amount.
Cross-examined---=Believed he heard of the fire on the
19th December. It was the usual course for Mr. Bain to
' sign cheques as treasurer. He asked him to sign the I
cheque for 491., principally on account of his having
heard of the fire. Ile believed that at this time the com-
pany had funds to the amount of 2001. Could not say
how much money they had at the present time. Money
Was continually going oat and coming in. Before they
made the arrangement with the County, they bad endea-
vonred to make a simiiar one with the United Kingdom
Office. A fire bad not to his kbowledge happened on
the day the proposal was made, but he believed it turned
out that this was the case. He believed a claim bad been
recently made upon the company from Plymouth fer the
sum of 191., and he had given instructions to their agent
there to pay it, and he trusted he bad done so. He bad
given him orders to pay the amount, but .he had re-
ceived no answer, and bad not been to inquire for any
letters. He had 2001. of the company's money in his
hands, and he supposed he would pay the an.ount that
was claimed.
In answer to farther questions put by Mr. James, the
witness admitted that he heard of the fire on the 19th of
Deo., that the cheque was sent on the 21st, and that it
was not until the 24th that he wrote to the County, to
inform them of the fire, and requisted them to send their
surveyor to investigate the matter, as it was one of the
cases in which they were interested.
Mr. James then addressed the jury for the defendant.
He saidthat although, be should not trouble them with
any remark upon the point of law, which .would more
Properly be decided by his lordship, yet,he would 'state
that the substantiiil defence to the present action s as,
that the County Fire Office bad never made any such

' aereement as that which was sought to be made out
by the plaintiff's. All that Mr. ,Beaumont intended
Was, that there should be an honourahle arrangement
between two the companies, and that would have been
carried out but for the disgraceful and fraudulent con-
duct of the Protestant C impany,. as it was caned.
The fact was, that Pie County could n)t obtain a
sixpence o! the premiainsitezwere entitled to from this
miserable insolvent canipany ; &ea ho submitted that it
wa; pretty plain that they never intended to pay a
farthing, and would not have done so if. it had not been
for the &re ; and thus, they thought, by the trick of
sending the cheque for 491 ' to saddle the county with
this heavy loss. Ile should slia:.v them by the deed of
settlement of the company, that the C3unty could not
legally enter into such an agreement as the onu that had
been suggested ; and • they had the opinion. of a high
legal authority to that effect, and Mr. Beautnint
.would
be called to prove that the persons connected with the
Protestant Company were perfectly welt aware of the
fact. Mr. Beaumont was willing to receive the busi-
ness from the Protestant, and to run the risks, pro-
vided the premiums were paid, but it was clear that not
a sixpence could be thttined from this 'insolvent cam-
. pany, and that the payment of the 491., after the fire had
happened, was a Intre trick to entrap the County and
render them liable. The learned counsel commented
in indignant tents upon the conduct pursued by the Pro..
testant Company in issuing fresh policies, after their
own admission that they had no fund in their posses-
sion, and hnsaid he had no hesitation in expressing bit
opinion that this company was neither morn nor less elan
a public swindle ; and he paid that althotigb they bat
the audacity to place at the top of their policies an open
Bible, it appearett to him that the sooneilheir Bible,
and their office too, was cicseJ, the better it would be
for the public.

. -
. The deed of settlement of the County Company wale
then put in, and p rtious of it were read, and Mr. Beau.
=tit was called as a witness, and he stated most dis-
tinctly 'that nothing was ever intended Mere than an
honourable arrangement between the two cainpar4its;
and he alto said that the solicitor to the Protest int-office
was aware that the original agreement that, had been
proposed was submitted to counsel for cinisidttation,
and an opinion given that it could not legally be car-
ried out.
The learnei Judge expreakrl bjs opinion that no
agreement, such as was contended for by the, plaintiffs,
halbeen made ouf, and, after the evidence_ that had
now been given, he thought there was au "end of the

- -
The Jt.ry said they were of opinion that no leigal
agreement had been made out.
A verdict was then entered for the defendant .upon
the plea relating to the agreement, which was the sub-
stantial question in the cause. Upon the plea of fraud
Mr. James consented that the jury should be discharged
from expressing any optnion ; and some of the formal
p'eas were entered for the plaiutiff, the verdict in effect
being fur the defendant.

TIE SOLICITOR-GENERAUSTESTAMBN.
TA.RY JURISDICTION BILL.

The following are the principal clauses of the hill in•
troduced by the Solicitor General for establishing a new
testamentary jurisdiction. Sec. 3 provides that the bill
shall not extend to Scotland and Ireland, except where
expressly mentioned: '-Tlie,ls.st section of the bill, how•
ever, does expressly mention that probate granted in Eng-
land shall be valid in Ireland and Scotland, and vice
versa. Sec. 4 abolishes the existing testamentary 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," whieh
court (by sec. 6) is to have the same. urisdiction as the
Court of Chancery in the construction of wills, and the
administration of assets. Sec. 9 provides that the sitt•ags
of this court shall bb -in-London, Middlesex ; or else •
where, as the Queen in Council may appoint.
The following sections, from 16 to 19, relate to the
appaintinent, qualification, duties, and salary of the
judge of the court thus constituted. Ho is to be an ad-
vocate of ten, or a banister of fifteen, years' standing ;
his salary is to be 5,0001. a-) ear,- with a retiring pension,
the proposed amount of which is net indicated. Besides
presi,ling in his own -court, he is, in case of their illness
or ah:ence, to assist the nester of the Rolls and the
Vice-Chancellors, by presiding.,in theirs. The s'aff of
the court, in addition to the judge, and a secretary at
3001. a year, is, by sec. 24, to consigt of, :he following
officer :-1 principal registrar, at 2,500t5-A-year ; 4
registt are, at 1;800/. each ; 16 official proctors, at 1,400/.
each ; 2 commissioners for administering,kaths, at 600 it.
each ; and a variety of clerks and subordinate attend.
ants. By sec. 24, the principal registrar and the bulk
of the other officers are to be appointed by the Lord
Chancellor. BY sec. 28, no one can be appointed a re-
gistrar or an official proctor who is not, or has not beep,
an advocate, innister, proctor, solicitor, Or attorney.
Sec. 31 provides that all advocates in Doctors' Corn-
MOne shall at once be a witted to practise in all courts
as larristers ; sec. 32, that all proctors shall, in Ike
manner, he privileged to act as attorneys or solicitors
and sec. 33, that the articled clerks of proctors shall be
admitted as attorneys or solicitors on the same mn-
tions as though before the comutencement of the act they
had been serving as. the articled 'Clerk& ,of solicitors or
attorneys. 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 court an appeal
shaq 'lie to the-House of Lords."

Besides the "C tort of Prob.te," the bill, by. sec. 21,
creates a "Testamentary-office " in whieh all the "emu-
mon fcrtn" business of the court will wit tually be trans-
acted..

The sections from 39 to 41, both inclusive, relate to
the mole of transacting this "common fora" businese,
.in other words, of obtaining probate and edinini.tration
in undisputed cases. Pio•sons desirous of obtaining pro-
bate or administration are to apply at the " Teatamen-
taryo.ffice," and leave Vier° the will and a espy of the
will, together with aprinte 1 form of affidavit, issued by
the registrar and soil at the stai inners', which they are
to fill up as the case req-u res„ Persons residing beyond
the limits of the London district post may trensinit ti.etre
documents through the General Post ellets._.Prot.ate and
telininistration is to he grantee by the registrar, who is to
cause copies of all wills sent into the office to be printed.,
and transmitted fir purpose of deposit to the Metropo-
litan Register-office of Pemba and Deaths in Lo.idon, to
the cot respondieg office of the district where the deceased
died, to the Prerogativeeoffice in Dublin, and the Com-
missary's-office in E linburgh, 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 tiro months of the death of the decease I ; any
person desirous of renouncing probate or a 'ministra-
tion may do so by Hine up am} transmitting t, the re-
gistrar a simple priottd form.
The practice of the court under itstontentiousjurisdic;
tion is to be regulated iii a great degree by rules. here-
after_ to be published ; we shall notice a few of the more
important points previded for by the bill. The court is
empowered to appoint, and direct the remuneration of,
person authorised to not as administrator during the pen-
dency of a suit (es. 74 aid 75). 14 is to have `tile same
power over wills that is now possessed by the Preroga-
tive Court (s. 80), and may order the reiuov.ii front the
registry of a forged will, or the re-tor.ition of one that
has been tampered with 81). It may order the pri-
duction of any instrument purporting to be testamentary
(s. 82) ; may direct issues to be tried before itself, either
by special or common juries (s: 83) ; may examine wit-
ne,ses viva voce, compel the production of deeds, & (-.
84) ; and require the attesting witnesses to beinterro-
gated in open court (s, 86). It may also .direct issues
concerning the validity of a sill to be trio 1 in tie
pe,i ir Courts of Common Law, either in town or at the
assiz•as (t. 85), and if dissatisfied with the verdict, may
order a new trial either before itself, or where the for-
mer trial took place (s. 87).
Then follow clauses giving jurisdiction in cat tain cases
to the C unty Courts. By sec. 88 if the personal estate
is under the value of 2001. the County Court of the die.
trict in which the deceased died shall have plenary
powers to decide all disputed questions whatever. Where
the real and personal property do not collective!y exceed
3001., the County Court shall have the same powers of
adinini:tration and distribution as are possessed by the
New Court of Probate (s. 89).
The next provisions of importance relate to the'de•
posit and custody of wills. Oa the requisition ot the
registrar, all judges,-registrars, &c., Ander, a penalty of
easycau
causes
of
1001., are to transmit to the "Testamentary-office, to be
s relating
la t
toin
g b e
to
there depositedandinitarrtrauneige:t
arrangedso a
refer-
ence, all wills and
testa-
mentary." (s. 100, 101.) Ia the same office is to be pro-
vided a safe and convenient depository for all wills of
such living persons as choose to place them there.
(s. 102.)
We now come to.the question of fees. Section 113
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 5001., any officer from
accepting any gra'uity, or taking any fees to his own
use. Sections 116, 117, 118, direct that fees, as a
general rule, shall be paid, not in money, but by stamps
into an account to be opened with the Bank of England
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
' taken in the new court ; but besides these a certain table
\of temporary fees is appended to the bill, to be taken in
lieu of the present proctorial fees, for the purpose ofraire
ing a temporary funet,in order to pav off the vast amount
of compensation contemplated. These fees range in the
case of probates, from lg. 6d. on property under NM,
up to 411. ss. on property under 100,000/. ; in the case
of administrations, from ls. 6d. on 50/ , to SS/. 2s. 6d.
on 100,009/. The stamp fees on the same amounts are
given in a separate column. They rise in the ca-e of
probates, from 16s. to 1,3501. on the aisonnts of property
before mentioned ; and in the case of administrations,
from 10s. to 2,0251. The list of comp
thing is some-
thing very formidable. In the first place come the
"judges, deputy judges,
registrars, and deputy regis-
trars ; " these parties, if they have held, office tor three
years before the bill becomes law, are to receive' as a
five years (. 126.) ,PrectoiS
compensation annuity half them/wont
4 received by them
on an average of the last
are in like mannerto have half of the net profits.of their
proctorial incomes similarly calculated on an average of
five years (5.4127.) Articled clerks and junior proci.
tors are to refiner back one-third of the fee paid
them on entering into articles (s. 129.)
The Judge of the Prerogative Court is to be paid 'off
in full (q. 130.)
Viscount Canterbury is to receive what will make up
a clear annual income of 3,0001. a year for his life (s. 132.1
The Rev. Robert Moore is to receive a sum to be 4 7..
OKI by arbitratioh 4s an equivalent for the interest
hold' in the Public registry of the Prerogative
(s, 133; 10, 1354