Page images
PDF
EPUB
[ocr errors]

time with the object of securing a provision for his widow and each of his my solicitors, Messrs. Keane & Storry, of 25, Linooln's-ion-fields, and 27, children, sons until they attained the age of twenty-one years, and daughters Lombard-street, all documents and papers belonging to me in your poggesuntil death or marriage. The pension was payable quarterly upon the bank- sion, and also to furnish to them any costs you may bave against me for ropt's declaration that sbe was unmarried. She also stated that, owing to the settlement.” A bill of costs for opwards of £200 having been sent in by action of her creditors, she had been deprived of the whole of her income, and “ Keane and Storry,” Sir John Honywood repudiated payment, on the the pension was her sole means of support. If by an order of this court she ground that he did not intend to retain and bad not retained Storry as his was deprived of the pension, she had no means of subsistence whatever, and solicitor, but tbat he had retained and employed C. F. Keane, who was not she would be compelled to seek parish relief. Her relatives and friends were a solioitor, under the impression that he was a solioitor aod the “Keade persons of small means, or they bad large families dependent upon them, and whose name appeared on the door-post, and, consequently, that any retainer ihey would not afford her any assistance or support.

of “Storry and Keane was noll and void, and gave S:orry no right of Mr. Hunt, one of the officers of the Madras Medical Fund, gave evidence in action. Upon the trial of the action, which was originally brought in the regard to the nature of the pension. He produced the code of regulations of name of “ Keane and Storry," and afterwards amended by being brought the fund, which was formed for the purpose of providing annuities for the in the name of Storry, carrying on business as Keade & Storry, Grove, widows and children of deceased medical officers. He said there were various J., gave judgment for the plaintiff for the amount of the bill of costs. branches of the fund. The rules called the income a “pension.'

From this decision the defendant now appealed. F. C. Willis, in support of the application. The income ia this case can aot

Lumley Smith, Q.C., and R. Vaughan Williams, in support of the appeal, be attached, and the bankrupt is entitled to the money. The trustee's applica.

were stopped. tion must proceed under section 90 or not at all. The money cannot be received

Candy, and Cluer, for the plaintiff. from the fuod unless the bankrupt makes a declaration that she is still

JESSEL, M.R.-Why did you not call C. F. Keane & Storry at the trial to unmarried. So far from it being a “pension,” it is property which the

support your case if it was an honest one ? deceased officer bought by subscribing to a provident fund. F. Turner, for the trustee. The income represents property purchased with frand was raised by the pleadings, and his case was fully made ont by the

Candy submitted that it was not bis business to call them, as no obarge of money in a particular way, and passes to the trustee. It is payable partly clear and ancontradicted evidence on which Grove, J., relied) of one of out of subscriptions and partly out of the capital fund, and if the officers fail tbe clerks in the office. to subscribe, they lose the benefit of the fund. The pension is capable of being assigned, and, if so, it passes to be trustee : Willcock v. Terrell (L. R. option of either calling Messrs. C. F. Keane & Storry to explain the

JESSEL, M.R., said that the court would give the plaintiff's counsel the 3 Ex. D. 323). He also cited Sansom v. Sansom (L. R. 4 P. D. 69); Hop- transaction, or of continuing the argument subject to the risk, according kins v. Clark (11 L. T. N. S. 204). T'he trustee was willing to allow the bankrupt £10 103. per year out of the pension.

to their lordships' present impression of the oase, of having the judgment

in favour of the plaintiff reversed. Willis, in reply.-Willcock v. Terrell was decided under a particular Act of Parliament which gave power to attach. If the property in this case be Storry, and contended that where, as in this case, a retainer was given to 8

Candy elected to proceed with his case without calling Messrs, Keane & attached, the authorities may deoline to pay, because the bankrupt cannot frm of solicitors it mattered not to the person giving the retainer who wera eign a declaration in the form required.

The mere fact that the names

the individual members constituting the firm. Judgment was postponed for a time in consequence of the case of Ex parte of certain persons as solicitors appeared on the door of beir office was no Huggins pending in the Court of Appeal. June 28.- Mr. REGISTRAR MURRAY said there was no doubt the pension this case there had been a clear retainer by the defendant of a firm carrying

evidence jer se that solicitors of that name were to be found in the office. In passed to the trustee as property of the bankrupt. In Ex parte Huggins on business at 25, Lincoln's-ino-fields, and it was a sbabby and meat defence the registrar decided that the pension passed, and the whole of it was receivable by the trustee. That decision was varied by the Court of done for him, and that by the exertions of the firm money had been recovered

on the part of Sir John Honywood, who admitted that the work had been Appeal, their lordships considering that, although the deolaration was

to enable him to pay his debts, now to attempt to repudiate on merely techniright, and that the pension was assignable and passed to the trustee, yet,

cal grounds the retainer which he had given. notwithstanding, the right of the trustee to the whole pension was

Jessel, M. R., said that this was a very unpleasant case to deal with. It trolled by section 90, and he could not appropriate the whole of the estate.

was an action brought on an alleged retainer by a solicitor, and the retainer His postponement of the deoision was therefore folly justified, and the

was denied. Now, a retainer being a personal matter, it became necessary for exposition of the Court of Appeal Re Huggins had relieved him from all the plaintiff to prove that the defendant, Sir John Hony wood, had retained and difficulty in regard to the construotion to be put on the several sections of employed him to conduct bis business. The names over the door were

" Keana the Aot. The amount to be set apart involved a question of discretiop. and Storry." The defendant said that he believed that Charles F. Keane He was of opinion that if he were to adopt the proposal of the trustee, and was the Keane wbose name was over the door, and that he was, in fact, a soli

. leave only £10 103. per annum for the bankrupt, he should be depriving her citor. It was admitted that he never saw the plaintiff and never beard of him of the necessary means lof support, and such an order would almost until the work was done, and that the plaintiff'

never, in fact, took any part in savoor of oppression. Bat, at the same time, regard must be had to the any of the business in respect of which he sought to recover. It was also interests of the creditors, and the bankrupt could have no right to complain admitted that there never was a partnership between two persons of the names at having to reduce her expenditore, which in some respects seemed to of Keane and Storry, and that, in fact, there was no such firm. It was have been somewhat extravagant, having regard to the means at her suggested that Keane carried od, though not qualified to do so, the business of a disposal. (Upon this point the registrar referred to the statement of solicitor under the protection of Storry's name ; and that having been saggested, affaire.) Under all the oircametanoes of the case, and bearing in mind the neither Keane nor Storry were called at the trial to deny it. That left the diffioalty whiol a lady in the bankrupt's position would probably experience evidence in a very unsatisfactory state, bat the court, granting what they in finding any employment which might enable her to eke out any additional thought was an indulgence, permitted the plaintiff's counsel to supplement income, he was of opinion that the proper order would be that out of the the evidence given in the court below by calling those two persons as witquarterly instalments of the pension to be received by the trustee there

This option having been refused after due consideration, the infer. should be allowed and paid to the bankrapt in each quarter the sum of once was simply overwhelming. But, apart from that, even if the plaintiff £13 13e., being at the rate of $1 18. per week, the balance of each such were proved to have been carrying on business as a solicitor, with Keane as bis quarterly instalment to be retained by the trustee and applied by him as clerk, he could not recover in this action, for the simple reason that it was part of the estate of the bankrupt in due course of administration. The not proved that the defendant ever intended to retain Storry. With all costs of all parties would be paid out of the estate.

respect to Grove, J., his judgment could not be supported, and must be reBolioitor for the bankrapt, T. P. Frame.

versed, and inasmuch as the

money had been paid it must be repaid, with Solicitor for the trustee, H. Rumney.

costs, both here and in the court below.

LINDLEY, L.J., said that after what had taken place, the court could not resist the conclusion that the plaintiff dared not submit to an investigation,

in the absence of which it was impossible to ascertain the real relations between SOLICITORS' CASES.

Keane and himself. But it was clear upon the evidence that the defendant COURT OF APPEAL, LINCOLN'S INN (from Queens Bench Division). never employed Storry and never employed Keane as Storry's agent. In short, (Before JESSEL, M.R., and LINDLEY and BOWEN, L.JJ.)

there was no retainer either at law or io fact. June 30.-Storry v. Honywood.

BOWEN, L.J., concurred.

Solicitors, W. 4. Storry ; Sandilands, Humphry, f Armstrong. This was an appeal by the defendant, Sir John Honywood, from a judgment of Grove, J., directing payment of the plaintiff's bill of costs in respect of which the action was brought. It appeared that the late Mr. Daniel Keane bad carried on business as a solioitor for very many years at 25,

HIGH COURT OF JUSTICE. Lincoln's-inn-fields, and that his son, Mr. O. F. Keano, though never artioled,

(Sittings at Guildhall, before MANISTY, J., and a Special Jury.) used to manage the basiness for his father. Upon the death of Mr. Daniel

July 3.-George v. Boyes. Keane in 1879 Mr. William Aikman Storry, who was & solioitor with offices in Lombard-street, came to the office in Lincoln's-inn-fields, and bad the published of the plaintiff in a matter relating to his profession of solicitor.

This was an action for slander and libel alleged to have been spoken and Dames " Keane and Storry" painted up there. Mr. Storry was in the W. G. Harrison, Q.C., and Polkard, appeared for the plaintiff, habit of calling several times a week at Lincoln'g-inn-fields to look after McIntyre, Q.C., W. Graham, and Agabeg, for the defendant the business, which was carried on under the firm of Keane & Storry ; but the work was actually done by a stať of clerks ander the superintendence is also commissioner for taking oaths in that place. It appeared that in the

Both the plaintiff and defendant are solicitors in Barnet, and the defendant and bad employed bim to transact various matters of business for him ander in the matter of the

redemption of a mortgage, and for this purpose it was Coor-post. In April, 1880, Sir John wrote to his former solicitors

, Messrs. marriage and the number of her children. The plaintiff accordingly pre Sandilanda, Humphry, & Armstrong, requesting them to hand over to pared a draft for this purpose, instructing his client to fill up the necessary

nesses.

particulars as to the place and date of her marriage. This draft was taken by her husband's will to obtain a declaration of certain trusts and to have it Mrs. Tomlinson to the defendant, who, however, refused to allow it to be declared by the court that, by an agreement between her late husband and sworn, on the ground that it contained blanks for the date of the proposed herself, executed on April 3, 1843, the house in which she now resides in deed. Some communications then ensued between the plaintiff and Brighton, having been purchased by her money, though the conveyance hai defendant, as to the effect of which there was much controversy. According been in the name of her husband, was to be secured to her, as also a sum of to the plaintiff

, he sent word to the defendant that he might strike out the £500 of his money; and, further, that a charge of £800, created in her late words bearing date” and the blank spaces. The defendant, however, busband's favour on another house she had in Sussex-square, Brighton, had alleged that he himself proposed to do this, but that Mrs. Tomlinson and her been paid off in his lifetime. The plaintiffs were consulted by ber in June, son would not consent, and that the plaintiff sent word to him to say that he 1878, and Mr. Limbert, the junior partner, had first taken charge of the case. was bound to take tha affidavit as it was, and that the blanks might be filled In June, 1879, circumstances arose which induced the senior partner to tak: up afterwards.

It was said that on the same day the defendant committed upon himself the responsibility of conducting the suit. A great deal necesthe slapder complained of in a conversation with Mr. Erle, a brewer in the sarily turned in the sait of Davis v. Davis on the document alleged by Mrs. town, and said, among other thiogs : "A sad thing bappened this morning. Davis to have been executed on April 3, 1843. That produced by her to her That man over the way wanted me to take an affidavit with a blank in it solicitors was, as she led them to believe, the original. After the delivery of about a line or two long. But I would not do anything of the kind, as it the statement of claim in the action, early in 1879, this document was would be dangerous to do so. I did not know what he would have filled in. examined by witnesses to be called at the trial by the other side, and Mr. He might fủ_in anything ; very likely something that would get him Chabot, one of them, expressed a strong opinion that the signature to it pur. transported. He has articled his son this morning, but what can he teach porting to be that of the late Mr. Davis was not genuine. This was called him?"

to the attention of the then plaintiff, Mrs. Davis, by her solicitors, On the same day he wrote to the secretary of the Incorporated Law Society but she adhered to her statement that the docuin 3nt was the original, and shi a letter which contained the alleged libel. The letter was as follows :-"A also alleged that one of the sons could testify to the handwriting of his father on professional gentleman in this town to-day required me to take a statutory the document. On April 23, 1879, she admitted that it was not the original declaration in which occurred oertain blanks as to the date, &c., &c., of some document, but said that it was a duplicate copy which she had written out for contemplated deeds, and which blanks he (the solicitor) said he could here- her husband at his request the day after he had signed the original, and that his after fill in himself. As & commissioner I declined to set my name to a name had been signed to it by her at his request, as he had been suffering from document hereafter to be added to in this manner, and refused to take the goat in the hand at the time. She had repea:edly told the plaintiffs that she declaration, thereby drawing upon myself the reproaches of the solicitor in had paid the whole of the purchase-money for the house at No. 9, Norfolk. question. I should be glad to know whether or not you consider that I have square, Brighton, but they found out from a letter written by her to her late acted with propriety and in accordance with the terms upon which I appre- busband in 1849 that he had paid two-fifths of the £500 paid for it. As to hend we commissioners hold our commissions."

her statement that the £800 charge which had been held by her husband on The words charged as slanderous were deposed to by Mr. Erle, to whom the house in Sussex-square had been paid off, the plaintiffs found that this they were said to have been addressed, and by bis traveller, who said he was was wholly inconsistent with the contents of the letters which had passed present at the time, but that the expressions were used in a somewhat jocular between her husband and her brother subsequently to the date at which she and not very epiteful manner. The defendant said he spoke to Mr. Erlo, who declared it had been paid off. On November 1, 1879, the plaintiffs gave notice was a solicitor as well as a brewer, in order to obtain his opinion upon the to the defendant that they would not continue to act any longer for her, as course which he had followed, and this version of the conversation which took they really could not rely upon her statements, and would not take the place was different. It appeared also that that there bad been previous dis- responsibility of patting her in the box to prove her case, since they feared putes between Mr. Erle and the defendant, and that the former had been she would commit perjury. On December, 18, 1879, the action of Davis v. prosecuted and fined for assaulting the clerk of the latter. As to the letter to Davis came on for hearing before Mr. Justice Fry, when his lordship, calling the secretary of the Iacorporated Law Society, the contention on behalf of the attention to the fact of its being a family dispute of a painful character, addefendant was that it could not be construed as containing a libel on the vised that it should be compromised. This suggestion was carried out, and plaintiff, as it did not even mention his name, and was written in good faith the basis of the settlement was to secure the mother, the present defendant, in order to settle the question which had arisen. Much stress was laid by the enjoyment of the property for her life ; and, among other things, it was counsel for the plaintiff upon the fact that the statement of defence contained agreed that the charge of £800 on the house in Sussex-square should not be a justification of the allegation that the plaintiff wanted the defendant to take enforced during her lifetime It was further agreed that each side should a declaration with a blank in it a line or two long. To explain this the pay their own costs. Mrs. Davis_afterwards sought to get this com. defendant said that he had been advised that, in order to plead justification, promise set aside, but Mr. Justice Fry refused to do so, and said that it was necessary to justify the precise words charged in the statement of its terms were very favourable for her. At the hearing of the action of claim,

Davis v, Davis Mrs. Davis had been represented by two learned counsel, one His LORDSHIP remarked, in summing up, that no such reason could warrant of whom bas since been made a Queen's Counsel, and they had been fully a man in putting a statement upon the record, the truth of which he could not instructed as to the facts on which she relied in proof of her case. Mr. Ward support on his oath,

had helped the solicitor who had acted for her, after his own firm bad throwa The jury found a verdict for the plaintiff on both counts for £25 damages. up her case, in every possible way, and had prepared the briefs without His LORDSHIP gave judgment acoordingly, and certified for a special jury, making any charge. Ic should be mentioned that the plaintiffs, at an early Times.

stage, bad agreed to settle the action for the defendant on certain terms, which she had accepted, but that the settlement went off, as by it each party would

have bad to pay his own costs—the term in the subsequent compromise of which QUEEN'S BENCH DIVISION.

Mrs. Davis had aloo many months afterwards complained. While for the (Before MANISTY, J., and a Special Jury.)

plaintiffs it was contended that they had been fully justified in withdrawing June 27-30.- Ward and others v. Davis,

from the case of Davis v, Davis, it was urged for the defence that this was not This action was brought to recover about £170, the amount of a bill of 30, and that solicitors taking up contentious business were bound to take it as

a complete job, and in the absence of circumstances justifying withdrawalcosts, Jelf, Q.C., and Henn Collins, appeared for the plaintiffs.

and that was the present case the contract was to carry the litigation through. Waddy, Q.C., and A. G. M. M'Intyre, were for the defendant.

It was further urged by the counsel for the defence that any withdrawal must The plaintiffs are solicitors, who have offices at No. 1, Gray’s-inn-square, of the client would not entitle a solicitor to withdraw from a case at the last

be only after reasonable notice, and that any want of ready money on the part and the defendant is a widow, residing at 9, Norfolk-square, Brighton. The defendant did not deny having given the plaintiffs a retainer, but she pleaded

moment. that the work done by them for her had not been done properly, and that they jury to say' (1) 'if Mr. Ward had been entitled to cease to act for the defendant

MANISTY, J., summed up the case at considerable length, leaving it to the had wrongfully given up her case. By her counter claim against the firm she that was, whether or not he had honestly come to the conclusion, on sought to recover damages from them, on the ground that they had wrong reasonable grounds, that he ought not any longer to act for her ; and fully kept back papers from her and had concealed facts necessary for her case from the solicitor wboni she bad employed on their throwing it up. She also (2) whether or not the notice of the withdrawal from her case by the plaintiffs

was giveu too late, so as to cause damage to her. sought to recover damages from Mr. Ward, the senior member of the plaintiff firm, for slander alleged to have been spoken of her to another solicitor

The jury, without leaving the box, at once found for the plaintiffs on both

claim and counter-claim. Mr. Potter-who, at her instance, had gone to Mr. Ward with a view of ascertaiping whether or not he would be able to take up the case for her after the

His LORDSHIP thereupon gave judgment accordingly, certifying for a special plaintiffs had determined to throw it up. This claim for the alleged

jury.-Times. slanderous words was abandoned. Evidence of the alleged slander was, how. ever, given, as the counsel for the defence was of opinion that the conversation between Mr. Ward and Mr. Potter, in which it was alleged to have been uttered, was of vital importance to his case. Mr. Ward, in a conversation

LAW STUDENTS' JOURNAL. which he had had with Mr. Potter, and which both of them had considered to be strictly confidential, bad, among other things, expressed it as bis opinion that if Mrs. Davis went into the box in the suit of Davis v. Davis she would

LAW STUDENTS' DEBATING SOCIETY. perjure herself. Mr. Potter's e.idence was, further, to the effect that Mr. June 27.-An animated debate, extending over three and a half hours, Ward had seemed aoxious that she should, as far as possible, be protected, took place upon the question, " That the Goverament does not deserve the and should receive every assistance in the conduct of her sait. The difend confidence of the country,” which Mr. A. M. Ellis opened in the affirmative. ant had been married to one James Davis on April 29, 1843, who had been the The opener received support from Messrs. Lloyd Jones, Bower, Strickland, steward of the late Sir Francis Moon, and a settlement had been executed just and C. E. Barry, wbile Messrs. Bartlett, P. T. Rhys, Davies, and Corrie before the marriage. The husband died in May, 1878, and the action of Grant upheld the policy of the Government. On a division being taken the Davis v. Davis was subsequently brought by Mrs. Davis against her eldest son opponents of the Government won by the narrow majority of two, Thits. -to whom the father had left the bulk of his property-and the executors of four members and a visitor were present,

This being one of the very few offices exclusively confined to solicitors, and SOCIETIES.

for which their education and training peculiarly fit them, the council felt that it would neither be expedient nor just to throw it open to barristers, who

could not be so well qualified to perform the special duties of the office, which INCORPORATED LAW SOCIETY.

a re, to a large extent, of an administrative and technical character. They

accordingly, with the aid of the Associated Provincial Law Societies, prepared The following are extracts from the annual report of the council:

amendments for confining the appointment to solicitors, whiob; they are glał Accommodation of Solicitors in the New Law Courts.—Last year the council to state, were adopted. stated that the Lord Chancellor had given them facilities for inspecting two of There was another defect in the same Bill with reference to the alteration the new courts which had been fitted up provisionally-ne with a jury box nnd of the rules for regulating th: examination of articled clerks and the admis. one without. The council avalled themselves of the opportunity thus afforded, sion of solicitors, which the council succeeded in removing. The powers for and prepared suggestions for improving the arrangements for the aceimmodation of solicitot's.

the purposes referred to were vested by the Bill in the Presidents of the

Queen's Bench, Common Pleas, and Exchequer Divisions, and the Master of The

court without the jury-tox was fi ted up in tho záme style as the present the Rolls, and could be exercised in some cases by any two of them, and in Rolls Court, whera solicitors are provided with a seat under the registrar's other cases by any three of them, the Master of the Rolls being one of lesk, with their feet in a depression called a well, there being no table. The ticese, only the Lord Cbief Justice and the Master of the Rolls now remain, only place, therefore, for the solicitor's papers is the floor, which is usel as a and, in the event of its having become necessary to alter the rules referred to, pa'sige by every person crossing the court, and particularly by Q 19en's there would hare been no power to do so. The amendments introduced into Counsel in reaching their seats.

the Bill were designed for the purpose of providing for this contingency. The council strongly objected to this arrangement, and urged that, instead Conveyancing Bill. — This Bill contained many clauses which, although of the space allotted to solicitors being also used as a gangway for counsel inserted in that of last session, were nevertheless not in the Act paesed. The and others, it should be devoted exclusively to solicitors, with a tible on council bave reviewed the opinions expressed by them last year on several of which to take notes or arrange papers, and that the seats for counsel shɔuld the clauses which have been reinstated in the present Bill. be intersected by a passage from the back to the front of the court. The With regard to “ Searches,” the Bill (clause 3) does not extend to bank. adoption of this suggestion would add much to the comfort both of the ruptcies, and no provision is made to meet the case of loss arising from error in solicitors and the barristers. Falling this, the council suggested that the the certificats. After full consideration the council repeated the recomQueen's Counsels' seats should be made wide eucagh to enable them to pass mendation made by them on the Bill of 1880—viz., that all registrations of easily bebind any barrister who may be addressing the court at the moment. judgments, Crown debts, &c., should be swept away, and the judgment

In the court with the jury box a table was provided, but it was only half creditor or the Crown should be entitled to apply to the court in a summary the length of the

Queen's Counsels' seat. The council urged that the table way to sell any interest in land, of whatever nature, to which the debtor may for solicitors should be the same length as that for the Queen's Counsel. be entitled, whether in possession or reversion, and such application should be

It was also suggested that more room could be provided for solicitors by capable of registration as a lis pendens, which should have no force or effect dolog away with the passage behind the jury box and setting it back to the for more than six months after registration. Also that conveyances to pur. wall, as the existence of such a passage was objectionable, inasmuch as it chasers should be good as against trustees in bankruptzy (notice or no notice

) would enable jurymen to mningle with other persons in the court.

unl-es the trustee is in possession, or the proceedings in bankruptcy have bien It was pointed out to the Lord Chancellor that solicitors inour as much registered as a lis pendens. responsibility, and have as many difficulties to grapple with, as any other It was suggested to the council that a provision for this purpose ooght to persons engaged in the trial of a cause, and that the public interest would be inserted in any new Bankruptoy Act, and after some correspondence not be properly consulted unless sufficient accommodation were afforded to with the Board of Trade, the council, at the request of the Board, prepared them, and that it would be a matter for regret if the models afforded by the for its consideration & Olause for carrying into effeot the views above Court of Exchequer at Westminster and the Court of Appeal at Lincoln's-ina expressed. were departed from.

Upon the question of " Notice" generally the coupoil called attention to The council also made a suggestion that solicitors should have the same the case of The Saffron Walden Building Society v. Rayner, and suggested, access to the corridors surrounding the courts and to the courts themselves, as a modification of the law as there laid down, that notice to the solicitor and such other conveniences as will be enjoyed by counsel, and that solicitors generally acting for the trustees, or having the custody of, or access to th: should bave the joint ose, with the bar, of any library that might be pro- deeds, with a letter from him that he had communicated the notice to the vided. They also asked that rooms should be set apart for the exclusive use

trustees, should be sufficient. of solicitors other than the waiting-rooms used by their clerks.

Clause 6 contained a provision for the abolition of acknowledgments of The Lord Chancellor stated, in reply, that the architect bad been instructed deeds by married women, to which the council objected. In the experience to give eff-ct to the views of the council as far as practic ble.

of commissioners for taking acknowledgments, cases have arisen where, on Legal Procedure. - The report of the Lord Chancellor's committee on this examination of a married woman, it has appeared either that the transsubject was issued in October last, and, in pursuance of the pledge given action had not been properly explained to her, or that a provision which by the council in their last annual report; a print of it was sent to each had been promised to her had not been daly secured. It is believed that member of the society, and a special general meeting was held on the 18th sao' cases are not anfrequent, and the council are satisfied that in a much of November, 1881, when the subject was discussed. Io the result the larger number of cases the knowledge that an examination before com. report was referred to a committee of members of the society, with power missioners must take place prevents irregular dealings with the property of to invite suggestions, and with an instruction to apply to the secretaries married women which would otherwise be attempted. of the provincial law societies for the names of country members willing to To render the prasent practice less cumbrous, it was suggested that one

commissioner, not interested in tbe matter, should be sufficient, instead of two The committee held namerons meetings, and on the 30th of January made (one of whom may be interested in the matter) as at present reqnired, and a report to the coupoil, a print of which has already been sent to every that no other certificate of acknowledgment should be necessary than a member of the society.

memorandum indorsed on the deed, signed by the commissioner to the effect The importance of this able and exhaustive document was recognized at of the present certificate, and that no affidavit should be required. a special general meeting, held on the 22nd of February, 1882, when the The council prepared amendments for carrying this and other minor sog. report of the committee was unanimously adopted.

gestions into effect, and requested Mr. Gregory to move them in committee on In porgnance of a resolution then passed, prints of this report have been the Bill in the House of Communs. sent to the Lord Chancellor, to her Majesty's judges, and the law officers of The Bill is now under the consideration of a select committee. the Crown. The interest shown in the subjects dealt with in the report Settled Land Bill.This Bill is substantially the same as that apon which has led to its more extensive circulation.

the council last year submitted remarks. They, at that time, expressed their The members are no doubt aware that, when the Role Committee of concurrence in the principles of the Bill

, and made various suggestions upon it Judges have agreed upon and issued new rules ander the Jadicature Aot, which have been, to a great extent, adopted. A few matters of detail in the they immediately take effect. In view of an answer given by the Attoruey present

Bill appeared to them to require consideration, and they accordingly General on the subject to Sir Hardinge Giffard, that the new rules for prepared amendments, which Mr. Gregory and Mr. Horace Davey have been carrying into effect the views expressed in the report of the Lord Chancellor's good enough to move in the House of Commons. This Bill bas also been committee would not be submitted to Parliament, Sir Hardinge Giffard referred to a select committee. broaght in a Bill for the parpose of providing that any new rules which Parliamentary Elections (Corrupt and Illegal Practices Bill).- The Council may in fotore be framed by the Rale Committee of Jadges under the bave considered this Bill, and have come to the following conclusions, viz. : Jadicatore Aot should, before they came into operation, be laid on the (1) That a solicitor or election agent, charged with any corrupt practice by table of the House for forty days. The council have prepared a petition to or before election commissioners, should no longer be liable to be suspended The House of Commons in favour of this Bill ; bat the material part of the from his business of election agent for seven years, without first having notica measure was omitted on a division in committee on the 12th of June last. of the charge, and an opportunity of being heard by himself, counsel, and

Solicitorships to Government Departments. The solicitorslip to the General witnesses in answer to such charge. Post-office having become vacant in January last by the death of Mr. Horace Instances have occurred where solicitors, who have giren every information Watsov, the council, having in mind the efforts mado by this society to secure and facility to the commissioners in the recent Bribery Commissions, have, the appointment of solicitors to offices of this character, addressed a letter to without any notice or definite charge being brought against them, been the Prime Minister on the subject.

reported guilty of corrupt practices, and have thus become suspended as The council were glad to find that the vacant post bad been filled by the election agente for seven years. appointment of Mr. Robert Hunier, a member of this society.

(2) That any person or body charged with any corrupt or illegal practice The Supreme Court of Judicature Act, 1881.–This Bill, which was intro. by or before

an election conrt or election commissioners should not only have duced into the House of Lords in July last, contaiued a provision to the notice

, bat should

be entitled to be heard by counsel or solicitor and witnesses effect that the qualification for the office of district registrar of the High before being reported. Court should be that of a barrister or solicitor of five years' standing.

The trial of a person accused of corrupt practices is as important as any

serve.

[ocr errors]

other trial; it not only affects his social and professional position, but also his practice, it would cease. The Associated Provincial Law Societies passed a exercise of the franchise.

resolation condemning the practice. Under the existing law a person can be reported without previous notice, The law stationers, however, continued to trangaot the business referred or without being heard, bat this report has no effect, so far as regards the to, and the council addressed a gironlar to them, guggesting that they penalties attaching to such an offence, until notice has baen given to him and should either discontinue the objectionable practice, or conoar with the he has been beard. Uoder the present Bill, however, the consequences of a coanoil in obtaining a judicial decision upon the point without unnecessary corrupt act are to attach immediately upon the report being made.

expanse. The law stationers having deolined to adopt either course, actions (3) That a solicitor, or parliamentary agent, consulted after an election is were brought against Messrs. Waterlow Brothers & Layton, and Mesers. over, and with reference to an election petition pending or threatened, should Shaw & Blake, whioh were tried in May, 1831 ; the jury was discharged in be absolutely privileged before election commissioners.

each case by oonsent, and judgment entered for the society, it having been The privilege was formerly accorded to parliamentary agents, and is neces- arranged that, in view of an appeal, a statement of facts should be handed to sary both in the client's interest and on the ground of public policy. In the

the judge to be appended to his notes. client's interest it is important that he should, when threatened with an

The appeals were beard in February last, the Court of Appeal holding election petition, be able to obtain the opinion of an independent solicitor who

that the defendants did act with respect to a proceeding in the Court of has bad nothing to do with the election, and who may be able to give him Probate, bat that they did not contravene the provisions of the statate, reliable advice without fear of the consequences, and without fear of being for that they did not aot as prootors in their own names, or in the name forced to incriminate persons from whom he obtained the information upon of any other person, this judgment being based apon the view taken by the which he bases bis advice.

court that the law stationers charged the solicitors a messenger's fee On the ground of public policy this privilege should also be accorded, only for the time ocopied in attending at the Probate Registry. because when the client bas found that his soat is gone, he cares but little

Since the decision of the Court of Appeal, the opinion of counsel has been about the constituency, and may be willing to tell the commissioners, through taken as to carrying the cases to the House of Lords, and taeir advice is to do his solicitor, all he knows. The solicitor, having once obtained information

Counsel consider that, if the law stationers did not act as proctors, it under the pledge of confidence, should not be compelled to disclose it.

might, on the same principle, be held that, in attending summonsas at The practice of some election commissioners has been scarcely fair as

chambers, they would not act as solicitors. between the solicitor and the barrister concerned in an election petition.

The council have, therefore, taken the necessary steps towards appealing to No barrister consulted, or holding a brief in any of the recent election the House of Lords ; but, before proceeding further, they thought it right to petitions, is known to the council to have been sammoned or examined by take the opinion of the general body of the members on the subject, and a any of the recent bribery commissioners. Some of the commissioners stringently examined solicitors concerned in special general meeting for this purpose was held on the 9th of June, when it

was decided by a large majority that the appeals should be prosecuted. election petitions as to their acts up to the moment of their entering the tarristers' consultation room, and from the moment of their leaving it, but considered that which took place in the consultation room as exempt from investigation. It appears that books, papers, and documents belonging to

LEGAL APPOINTMENTS. solicitors were impounded, and that solicitors were required to disclose everything they held and knew.

Lord FitzGERALD and Lord Justice Bowen have been sworn in as members There seems to be bo more ground for denying to solicitors privilege before of the Privy Council. election commissioners than before any other court, and there is less ground Mr. Justice Day has received the honour of Kaighthood. now that the present Bill seeks to turn the court of the commissioners from being a mere court of inquiry into a court of trial and judgment.

Mr. EDWARD HILLMAN, solicitor, of Lewes and Eastbourne, has been The council have placed their report in the hacds of the law officers of the appointed Deputy Coroner for the Eastern Division of the County of Sussex.

Mr. Hillman was admitted a solicitor in 1854. Crown, and in those of the other legal members in the House of Commons; and Mr. Gregory and Mr. Fowler, of Wolverhampton, bave given notice of Mr. WILLIAM DAGGETT, solicitor and notary (of the firm of Ingledew & amendments for carrying the views here expressed into effect.

Daggett), of Newcastle-upon-Tyne and Gateshead, has been appointed Country The council bave to thank Mr. F. R. Parker for the assistance afforded by Secretary to the Bishop of Newcastle. Mr. Daggett was admitted a solicitor in him in the consideration of this matter.

1848. He is one of the registrars of the Newcastle and Gateshead County

Courts, and district registrar under the Judicature Acts. Remuneration of Solicitors.-The council, in their report for last year, enumerated the various steps they had taken with reference to this subject,

Mr. RANDOLPH CHARLES WANT, solicitor, of No. 34, Clement's-lane, and the modifications they had obtained in the Solicitors' Remuneration Bill, Lombard-street, E.C., has been appointela Commissioner for Affidavits of the then passing through Porliament; notably a provision that the president of Supreme Court of New South Wales. the society should be a member of the tribunal appointed by the Act for Mr. FREDERICK STEPHEN DAUNCEY, solioitor (of the firm of F. S. & C. regulating the charges of solicitors, and also that before any general order Dauncey), of Newport, Mon., and Tredegar, bas been appointed & Commiswas made, it should be submitted to the council for one month, in order to sioner to administer Oaths in the Supreme Court of Judicature. afford them an opportunity of making observations upon it, which should be

Mr. MARSHALL PONTIFEX, solicitor, of 1, St. Andrews-street, Holborn, has taken into consideration by the tribunal, The Liverpool Law Society also, much to the satisfaction of the council, Sheriffs of London and Middlesex for the ensuing year. Mr. Pontifex is the

been appointed by Alderman De Keyser (sheriff-elect) to be one of the Underobtained a provision that the president of one of the provincial law societies (to be nominated by the Lord Chancellor) should also be a member of the he is ward clerk of Farringdon Without, vestry clerk of the parish of St.

son of the late Mr. John Pontifex, solicitor. He was admitted in 1856, and tribunal. The Bill, with these alterations, became law last session. The Lord Chancellor, in exercise of bis power, appointed the president of the Andrew, Holborn, and clerk to the Armourers and Braziers' Company. Liverpool Law Society as the fifth member of the tribuual. The council, at Mr. JOHN FREDERICK ISAACSON, solicitor, of 40, Norfolk-street, has been the earliest possible moment, appointed a special committee to consider elected Clerk to the St. Clement Danes Holborn Estate Charity. whether any and what proposal should be made to the tribunal on the subject Isaacson is vestry-clerk of the parish of St. Clement Danes, and clerk to the of costs. The committee were empowered to communicate with the country Commissioner of Taxos for St. Martin's-in-the-Fields. He is also clerk (jointly law societies,

with his son, Mr. Charles Isa acson) to the licensing justices for the Strand The committee held several meetings and prepared a statement of what Division. Mr. Isaacson was admitted a solicitor in 1826. bad been previously done, which they forwarded to the provincial lan Mr. Thomas HUGH HORWOOD, solicitor, of 31, John-street, Bedford-row, societies, with a series of questions for the purpose of eliciting their views has been appointed a Commissioner to administer Oaths in the Supreme Court opon the matter.

of Jodicature. After fall and careful consideration of the replies received, the committee prepared a proposed draft general order, which was also submitted to the

Mr. ALEXANDER WILLIAM MORRIS, solicitor, of Penarth, has been appointed provincial societies. The Associated Provincial Law Societies held meetings

a Commissioner to administer Oaths in the Supreme Court of Judicature. to consider it, and several conferences took place ween them nd the Mr. EDGAR ALEXANDER BAYLI8, solicitor (of the firm of Baylis & Pearce), committee of the council, and certain modifications were made to meet the of Church-court Chambers, Old Jewry, has been elected Solicitor to the views then expressed, and ultimately & resolution was passed by the asso- Commissioners of Sewers for the City of London, in succession to his father, ciated societies on the 1st of February last, approving the draft of an order the late Mr. Alexander John Baylis. Mr. E. A. Baylis was educated at (under date of the 6th January, 1882), which was sent in by the prosi- Rugby, and was admitted a solicitor in 1864. He is returning officer for the dent to the Lord Chancellor. The associated societies sent a copy of this borough of Chelsea, and is now serving the office of under-sheriff of London resolution to the president of the Liverpool Law Society, and expressed a and Middlesex for the second time. Mr. Baylis is associated with his partner, hope that he would, as a member of the tribunal, sopport the provisions of Mr. Robert Pearce, as vestry clerk of St. Giles's, Cripplegate, and ward clerk the order.

of Cripplegate Without. The council are informed by the president that the draft order is under the

Mr, M. T. HODDING, solicitor, of 77, Chancery-lane, London, W.O., has consideration of the tribunal, but up to the time of going to press no definite been appointed a Commissioner to administer Oaths for the Colony of Victoria, conclusion has been arrived at.

Australia, Applications for Grants of Probate and Lett of Administration. It will be remembered that the council, some time ago, had their attention drawn by

DISSOLUTIONS OF PARTNERSHIPS. the registrars of the Probate Court to an irregular practice which bad arisen WILLIAM GARRARD SNOWDON GARD, Joseph John CORBIN, and ALFRED --viz., the employment of law stationers, by London and country solicitors, WILLIAM HALL (Gard, Corbin, & Hall), solicitors, 2, Gresham-buildings, to transact probate business in the names of the solicitors for remuneration of Basinghall-street, London. June 30. some kind. The matter was laid before eminent counsel, who advised that the THOMAS Hewitt and Henry ROBERT TAYLER ALEXANDER (Hewitt & practice was illegal. Communioations to that effect were made to the country Alexander), solicitors, 27, Ely.place, E.C., and Walton-on-Thames. June 30. law societies. It was also urged that if the solicitors discountenanced the

(Gazette, July 4,]

Mr.

OBITUARY.

MR. THOMAS CAMPBELL FOSTER, Q.C. Mr. Thomas Campbell Foster, Q.C., died at his residence, 30, Orsett-terrace, Hyde Park, on the 1st inst., in bis seventieth year. Mr. Foster was the son of Mr. John Foster, of Leeds. He was boru in 1813, and was called to the bar at the Middle Temple in Hilary Term, 1846. He was formerly a member of the Northern Circuit, but after the re-arrangement of the assiz-8 in 1864 he became a member of the Midland Circuit, and he bad practised on the NorthEastern Circuit since 1876. He compiled (in conjunction with Mr. Finlason) four volumes of Nisi Prius Reports, and he was for many years one of the revising barristers for the West Riding of Yorkshire. Mr. Foster received a silk gown from Lord Cairns in 1875. He had for many years a large crimio al business in Yorkshire, and it may be remembered that he was the leading counsel for the Crown in the prosecution of the murderer Peace. In 1868 he unsuccessfully concested the borough of Sheffield as an independent Conservative. He was appointed recorder of Warwick in 1874, and he was a bencher of the Middle Temple. Mr. Foster's health bad long been failing, and he had been compelled to relinquish his practice. He was buried on the 4th inst,

COUNTY PALATINE OF LANCASTER.
SAINT HELENS AND SUTTON VICTORIA PERMANENT BENEFIT BUILDING SOCIETY.-Peti-

tion for winding up, presented June 30, directed to be heard at St George's Hall,
Liverpool, on Aug 3. Danger, Liverpool, solicitor for the petitioner

[Gazette, July 4.]
FRIENDLY SOCIETIES DISSOLVED.
ANCIENT SONS OF ADAM AND THE OLD ORIGINAL PLOUGHUAN FRIENDLY SOCIETY, Blno

Ball Inn, Laneside, Milnrow, Lancashire. June 23
PHILANTHROPIC ASSOCIATION BRITISH UNITY SOCIETY, Union Hotel, Liskeard, Corn.

wall. June 23
TRADESMEN's New FRIENDLY Society, Angel Inn, Hingham, Norfolk. June 23
WARRINGTON CATHOLIC PHILANTHROPIC SOCIETY, Waggon and Horses Inn, Butte
Market st, Warrington, Lancashire. June 23

[Gazette, June 30.
BRITANNIA SICK BENEFIT SOCIETY, Castle Inn, Trowbridge, Wilts. June 29
INDEPENDENT ORDER OF ANCIENT DRUIDS, Duke st, Doncaster, York, June 30
Saint LEGNARD'S INDUSTRIAL AND PROVIDENT FREEIOLD LAND SOCIETY, LIMITED, S
Leonard's Schoolroom, Leicester, June 29

[Gazette, July 4.]

[blocks in formation]

HOUSE OF LORDS.
NEW ORDERS, &c.

June 29.-Bills in Committee.

Cathedral Statutes ; Lunacy Regulation Amendment.
HIGH COURT OF JUSTICE.

Bilis Read a Third Time.
CHANCERY Division.-ORDER OF COURT.

PRIVATE Bills.-Corbett's Estate ; Wrexham, Mold, and Connah's Quay

Railway ; Brighton and District Tramways ; Bury and Tottington District

Friday, the 30th day of June,
Whereas the Honourable Sir Edward Fry, one of the justices of the High Railway ; London Riverside Fish Market.
Court of Justice, attached to the Chancery Division of the said court, is about

July 30.—Bills in Committee. to proceed on circuit, and whereas it has been represented to me that the state

Justices' Jurisdiction ; Local Government Provisional Orderg, Nos. 9 and 11. of the business now pending before the said judge is such that provision should

Bills Read a Third Time. be made for hearing and determining during his absence causes and matters PRIVATE BILLS.-Swansea Tramways Extension ; Oxford Gas. which have been assigned to and are now pending in his court. I, the Right Honourable Roundell Baron Selborne, Lord High Chancellor of Great Britain, ment.

Local Government Provisional Orders, No. 8; Lunacy Regulation Amend. do therefore order that all causes and matters which have been assigned to and

July 3.-Bills Read a Second Time. are now pending before the said judge be transferred on Monday, the 3rd of PRIVATE BILLS.—Whitehaven Harbour and Dock ; Accrington ImproveJuly, 1882, and until further order, to the Honourable Sir Edward Ebenezer

ment ; Blackburn Improvement; Bolton Improvement; Chadderton Im. Kay, one of the justices of the High Court attached to the Chancery Division provement; Macclesfield Corporation ; Manchester Corporation ; Newcastleof the High Court of Justice, to be heard and disposed of by him so far and to apon-Tyne Improvement ; Rotherham and Bawtry Railway :. North Metro: such extent as he shall consider necessary or expedient. And this order is to politan Tramways; East and West Yorkshire Union Railways ; Wet be drawn up by the registrar and set up in the several offices of the Chancery Metropolitan Tramways. Division of the High Court of Justice.

SELBORNE, C. Supreme Court of Judicature Act Amendment.

Bills Read a Third Time.
PRIVATE BILLS.- Metropolitan Markets (Fish, &c.); Tottenham and Ed.

monton Gas; Milford Dooks; London and North-Western Railway; Tali COMPANIES.

Vale Railway ; Kingsbridge and Salcombe Railway ; Midland Railway.

Royal Assent.

The following Bills received the Royal Assent :-Castoms and Inland WINDING-UP NOTICES.

Revenue Baildings (Ireland) ; Poor-rate Assessment and Collection Act, 1869,

Amendment Act; Public Schools (Scotland) Teachers ; Interments (Selo de se); JOINT STOCK COMPANIES.

Pier and Harbours Confirmation; Local Government Boards Provisional Order LIMITED IN CHANCERY.

Confirmation (Artizans and Labourers' Dwellings) ; Local Government Boards

Provisional Orders Confirmation (Nos. 2, 3, 4, 6, 7, and 10); Local Govern. ANYLINE COMPANY, LIMITED.-Chitty, J., has fixed Monday, July 10, at 11, at his chambers, for the appointment of an official liquidator,

ment Board (Ireland) Provisional Orders Confirmation (Ballina and Lurgan); COLUMBIA MARKET CO-OPERATIVE STORES, LIMITED.-Hall, V.C., has, by an order dated Land Dainage Supplemental ; Artillery Ranges ; Tramways Orders Con.

May 10, appointed William Izard, 6, Arthur st East, to be official liquidator. Creditors firmation (NO. 2); Edinburgh'Roads ; North British Rail way ; Northampton are required, on or before July 27, to send their names and addresses, and the par. ticulars of their debts or claims, to the above. Monday, Oct 30 at 1, is appointed for

Waterworks ; Scottish Widows' Fund; Belfast and Northern Counties Rail. hearing and adjudicating upon the debts and claims

way ; Carrickfergus Harbour Junction; Newhaven Harbour ; Lough Swilly GREAT WESTERN (FOREST OF DEAN) COAL CONSUMERS' COMPANY, LIMITED.— Petition Railway; Bristol Corporation of the Poor; Stroud Water; Glasgow Court. for winding up, presented June 26, directed to be heard before Bacon, v.c., on July houses Amendment; Northwich Gas ; Lecky and Smyth's Patent; West 8. Jones and Co, Lincoln's inn fields, agents for Thomas, Bristol, solicitor for the petitioner

Lancashire Railway; Rugby Gas ; Glasgow Corporation Waterworks ; London LIBERIA LAND AND INVESTMENT COMPANY, LIMITED.-Kay, J., has, by an order dated

and Norih-Western Railway (Ordsall-lane) ; Brighton District Tramways ; Feb 16, appointed Edwin Banks Harding, 38, Old Jewry, to be official liquidator E18t and West India Dock Company Extension; Edinburgh Street Tramways ; NEW PEMROSE TIN AND COPPER MINE COMPANY, LIMITED!--Crditors are required, on or Liverpool Tramways; London, Brighton, and South Coast Railway; Metro.

or claims, to John Henry Tilly, 37, Queen Victoria st. Friday, Aug 4 at 12, is ap- politan Railway ; Liverpool United Gaslight Company ; Exmouth Gas. pointed for hearing and adjudicating upon the debts and claims Rio MALAGON SULPHUR, COPPER, AND SILVER MINES, LIMITED.-Petition for winding

July 4.Bin Read a Second Time. up, presented June 28, directed to be heard before Chitty, J., on July 8. Vernon and

Highway Rates and Expenditure.
Co, Moorgate st, solicitors for the petitioner
UNITED SHEPHERDS' WHEAL ROSE, LIMITED.-Petition for winding up, presented June

Bill in Committee. 29, directed to be heard before Chitty, J., on July 8. Chapman, Pancras lane, solici.

Merchant Shipping (Colonial Inquiries). tor for the petitioner WILTS AND GLOUCESTER ADVANCE AND DISCOUNT COMPANY, LIMITED.-Petition for

Bills Read a Third Time. winding up, presented June 29, directed to be heard before Bacon, v.C., on July 8.

PRIVATE BILLS.-Westgate and Birchington Gas ; Coventry and District Clarke and Co, Lincoln's inn fields, agents for Kinneir and' Tombs, Swindon, Tramways ; Cheadle Railway; Rothwell Gas ; Taff Vale Railway. solicitors for the petitioners

[Gazette, June 30.7 AVONDALE PAPER COMPANY, LIMITED.-By an order made by Chitty, J., dated June 24, it was ordered that the voluntary winding up of the company be continued. White

HOUSE OF COMMONS. and Sons, Bedford row, solicitors for the petitioner INDUSTRIAL OPERATIVE BRICKMAKING COMPANY, LIMITED.-By an order made by Kay,

June 29.-Bills in Committee.
J., dated June 23, it was ordered that the company be wound up. Powell, Essex st, Corn Returns (No. 2); Public Offices Sites (re.committed); Partnership’,
Strand, solicitor for the petitioner

Bills Read a Third Time.
UNIVERSAL STEAM TRAM CAR CONSTRUCTION COMPANY, LIMITED.-By an order made by
Chitty, J., dated June 24, it was ordered that the voluntary winding up of the com-

PRIVATE BILLS. - East and West Yorkshire Union Railways ; West Metro. pany be continued. Bolton and Co, Temple gdns, solicitors for the petitioner

politan Tramways.

Highway Rates and Expenditure.
UNLIMITED IN CHANCELY.
SAINT HELENS AND SUTTON VICTORIA PERMANENT BENEFIT BUILDING SOCIETY.-Peti.

June 30.-Bills Read a Third Time. tion for winding up, presented July 3, directed to be heard before Chitty, J., on July

Private Bills.-Carnarvon (Morfa Seiont Common); New Quay Water 15. Field, New inn, Strand, solicitor for the petitioner

Bill (New Title).

« PreviousContinue »