« PreviousContinue »
been effectually transferred to her by the testatrix, and that O. had not No medical evidence had been adduced by the petitioner, but the medical been constituted a trustee of the note for her. NORTH, J., held that E. was entitled to the £200.
witnesses called on the other side had expressed opinions adverse to the
He said that it could probability of the legitimacy of the petitioner, while the whole course of not be disputed that, if the testatrix had placed £200 in money in the conduct on the part of the mother pointed to the conclusion that Craven hands of C., with a direction similar to that which she gave respecting the was the father of the child. A verdict against the legitimacy could not note, there would have been an effectual voluntary gift of the $200 to E. I be found upon a mere balance of probabilities, but in the present case It was not, however, necessary that money should be actually paid over; there was sufficient evidence to justify the finding. On both grounds the it was only necessary that there should be either a complete transfer of application for a new trial must be refused. Lord COLERIDGE, C.J., conproperty or a valid declaration of trust of it.
The note was placed in the curred. COUNSEL, Gully, Q.C., and Ram; Gore; Sir C. Russell, Q.C., hands of C., as a trustee, to be handed over by him to E. on the happen- Inderwick, Q.C., and C. A. Middleton. SOLICITORS, Gedge, Kirby, & Millett; ing of the particular event mentioned by the testatrix, and down to the Gregory, Rowcliffes, Rawle, & Johnstone ; Collyer-Bristow, Withers, Russell, time of her death she had never altered the intention which she had ex- f Hill. pressed to him. It was unnecessary to consider what would have been the result if the testatrix had changed her mind.-COUNSEL, Cookson, Q.O., and S. B. L. Druce; Cozens-Hardy, Q.O., and Phipson Beale ; Giffard, Q.C., and Bardswell; Yate Lee; Manby; E. Ford. SOLICITORS, Gamlen, Burdett,
BANKRUPTCY CASES. & Woodhouse ; Letts Brothers ; Lane, Fagge, f Andrews; Venn g Co.
Ex parte BURGESS, Re BURGESS.-Q. B. Div., 7th and 8th June. BOSVILLE 4. THE ATTORNEY-GENERAL.-P. D. & A. Div., 29th BANKRUPTCY_DISCHARGE-REMOVAL OF DISQUALIFICATIONS-REFUSAL OF June.
CERTIFICATE-MISCONDUCT-BANKRUPTCY ACT, 1883, s. 32. EVIDENCE-PRESUMPTION OF LEGITIMACY-PERIOD OF GESTATION.
In this case the bankrupt appealed from the refusal of the judge of the Judgment was given in this case on an application to a Divisional Court Norwich County Court to grant him a certificate for the removal of for a new trial of a petition under the Legitimacy Declaration Act, 1858, disqualifications under section 32 of the Bankruptcy Act, 1883. Section which had been tried before the President of the ate, Divorce, and 32 provides that where a debtor is adjudged bankrupt he shall, subject Admiralty Division and a special jury. The petitioner, Arthur Bolle to the provisions of the Act, be disqualified for sitting or voting Bosville, by his next friend, petitioned for a declaration that he was the in the House of Lords or Commons, or being appointed or acting as legitimate son of Thomas Bolle and Elizabeth Marian Bosville. Mr. and justice of the peace, mayor, alderman, guardian of the poor, member of a Mrs. Bosville were married on the 14th of June, 1882, and a daughter was school board, vestry, or in other offices of a similar nature therein born in the following year. On the 30th of June, 1884, the wife eloped specified, but that • (2) The disqualifications to which a bankrupt is subwith Augustus William Craven. On the 6th of August, 1885, the court ject under this section shall be removed and cease if and when : (6) pronounced a decree nisi dissolving the marriage, which decree was after- he obtains from the court his discharge with a certificate to the effect that wards made absolute. On the 3rd of April, 1885, Mrs. Bosville gave birth his bankruptcy was caused by misfortune without any misconduct on his to a son, who was the petitioner in this suit. Mr. and Mrs. Bosville had part. Tłe court may grant or withhold such certificate as it thinks fit, been cited to appear, and the former alleged in his answer that he was but any refusal of such certificate shall be subject to appeal.” In the not the father of the petitioner. The Attorney-General traversed the present case the bankrupt was a printer at Norwich and editor of the allegations in the petition, but took no active part in the proceedings. At Daylight newspaper in that town. In 1886, having been indicted for a libel, the trial no medical evidence was called on behalf of the petitioner, but he gave a bill of sale over his property for the purposes of his defence. it was contended that, since the petitioner was born only 277 days after at the Ipswich Summer Assizes he was found guilty and sentenced to the cessation of cohabitation between the husband and the wife, there three months imprisonment and to pay the costs of the prosecution. was an irrebuttable presumption in favour of his legitimacy, and that no During the bankrupt's imprisonment the goods, including his machinery evidence was admissible to rebut that presumption. Mr. Bosville's and plant, &c., were sold, and in August, 1886, while still in prison at Ips, counsel called evidence to show that at the time of Mrs. wich, he filed his own petition. On application for discharge, the official Bosville's elopement certain physical conditions existed, and two receiver, after dealing with the criminal prosecution above mentioned, medical witnesses were called, who stated that the existence of reported that the losses and deficiency appeared to have arisen through law such conditions within the 277 days would almost exclude the idea costs and other expenses incurred in the defence of actions brought that the child was Mr. Bosville's. The President, in summing up the case against the bankrupt, which had involved a heavy outlay. He also to the jury, laid it down that the child of a married woman must be presumed reported that the bankrupt had continued to trade after knowing himself to be the child of her husband until the contrary was proved, although to be insolvent, and that on a previous occasion he had made a private the stringency of the rule had been somewhat relaxed in more modern composition arrangement with his trade creditors. The discharge of the cases, and that a party disputing the child's legitimacy could not succeed bankrupt was granted on consent being given that judgment be entered without proving such facts as would carry to the jury the conviction of against him to pay the official receiver 5s. in the pound by instalments, his illegitimacy. He expressed an opinion that the medical evidence did under section 28, sub-section (6), but an application for a certificate for not demonstrate the impossibility of*Mr. Bosville being the father of the the removal of disqualifications under section 32 was refused, the county of the husband and wife. He also read to the jury the following extract something unforeseen which could not be guarded against was to be from the judgment of Lord Lyndhurst in Morris v. Davies (5 C. & F. 265): understood ; that the thing which had without doubt brought the greatest
That presumption of law is not lightly to be repelled. It is not to be embarrassment on the bankrupt in the present case was the criminal trial, broken in upon or shaken by a mere balance of probability. The evidence which, coupled with the fact that the bankrupt had continued to trade for the purpose of repelling it must be strong, distinct, satisfactory, and after knowing himself to be insolvent, prevented him from coming to the Bosville, and an application was afterwards made to a divisional court any misconduct on the bankrupt’s part. On appeal it was urged on for a new trial, on the grounds of misdirection and that the verdict was
behalf of the bankrupt that his position was attributable to the law costs against the weight of evidence. The petitioner's counsel argued that the and to the fact that owing to the forced sale his property had realized presumption of legitimacy was a proesumptio juris et de jure and could not much below its real value, and that the bankruptcy was therefore owing be rebutted, and that, therefore, the jury ought to have been directed to solely to misfortune. It was also argued that a libel was not misconduct
therein tither side it was urged that the petitioner could not object to the direce and must be interpreted in reference to it and to the conduct tion to the jury, which was strongly in his own favour ; that the presump-specified alone (Ex parte Board of Trade, Re Betts & Block, 35 W. R. 530). els pure, since it might be rebutted by evidence of physical incapacity; and said that as soon as the facts were brought to light it was clear there was that the medical evidence adduced at the trial was sufficient to rebut the no other possible way of dealing with the case than that adopted by the The Banbury Peerage case (1 3. & S. 153) ; Head W. Headh i niem. 135); putting any such construction on the Act as that misconduct
The section Morris v. Davies (1 C. & T. 163) ; Bury v. Philpott (2 Myi. & K. 349); Legge section 32 must be interpreted with reference to section 28. Hawesom. Draiger (31 W. R. 576, 23 Ch. DX 113); The Aylesford Peerage case misconduct. There was also no ground for a further distinction which
ABUTF, J., now delivered the judgment of the Divisional Court. In the and property might be misconduct, libel would not be. Cave, J., said that face of the birth of a child during wedlock there was, of course, prima there was no qualification in the section to the word "misconduct." It hand it was established by high authority that evidence was admissible trivial character. In the present case the sentence imposed showed conContent the presumption, and, therefore, there was once ground more the siderable moral delinquity on the part of the bankrupt! The bill of sale contention that the presumption is a præsumptio juris et de jure, and that
was traceable to the prosecution. The bankruptcy was caused by the libel, inheia decision of the House of Lords in Mordio venaivite prathan patithority bankrupt, and it was impossible to discuss the question that it wa* not bu favour of this view, as was shewn by the observation of an authlaci? caused by misconduct. - Counset, E. Cooper Willis, Q.C.; H. Browne ; been any misdirection in the present case. The child was born within a It could not be said that there had Muir Mackenzie. SOLICITORS, Storey & Crowland ; J. Stanley; The Solicitor to
the Board of Trade. not impossible period of gestation, and the President had read and explained to the jury the statement of the law expressed by Lord Lynd. hurst in Morris v. Davies, and he would not have been justified in
SOLICITORS STRUCK OFF THE ROLLS. withdrawing the case from the jury. The counsel for the petitioner had
25th June-ERNEST Watts. also failed to shew that the verdict was against the weight of evidence.
28th June-Joseph EDWARD CURTEIS.
He rejoiced greatly, therefore, to find a clear, entitled to say that they were members of one of the greatest professions
gested that with age came a decay in the zeal of the members, and when evening of the year to express their sympathy and gratitude by their exerted themselves to bring in younger members, but it was pointed out detract from the beneh, who he believed to be men whose sympathies by the reports and by the speakers on these occasions that therein lay were, and always would be, with the society, and if the occasion arose the great danger for the society, and that it might become a society when it was necessary for them to give expression to their sympathy, it
would be shewn in the most practical form. He asked them cordially the contributions might drop off while the liabilities increased, and that a great body of English solicitors and it included the law clerk, because, time might come when the accumulated capital, no longer supported by whether they were clerks to barristers or clerks to solicitors, their interests
the contributions of younger members, might be found insufficient to meet were identical with those of their principals, and the law clerks were 594
statement in the report that not only had the accumulated capital
largely increased, but that the society had now a greater number of LAW SOCIETIES.
members than it ever had before. And he trusted that those who would
preside over its future anniversary festivals would have from year to year UNITED LAW CLERKS' SOCIETY.
to call attention to an improvement in this respect. It had always been
the case, as he had said, that the members of the society had been warned The fifty-fifth anniversary festival of this useful society was held on against allowing their zeal to abate, and in common with those who had Wednesday at St. James's Hall, the Honourable Mr. Justice STIRLING preceded him he now expressed a hope that the members of the society presiding. Nearly 300 guests were present, amongst whom were Mr. would not be content with annually making their personal contributions A. Cohen, Q.C., M.P., Mr. W. R. Kennedy, Q.O., Mr. F. W. Bush, Q.C., Mr.
to the funds, but that they would exert themselves with the zeal they W. W. Karslake, Q.O., Mr. Gainsford Bruce, Q.C., Mr. T. Fischer, Q.C., seemed to have displayed during the last few years to procure further Mr. F. O. Crump, Q.C., Mr. T. D. Bolton, M.P., Mr. Grosvenor Woods, members and so strengthen the society in every respect. The sole note of Mr. Samuel Hall, Mr. Lewis Coward, Mr. Fooks, Mr. Bargrave Deane, regret which he found in the report was that which related to the Mr. Rawle, Mr. Adams, Mr. J. Anderson Rose, Mr. C. E. Jones, Mr. Binns benevolent operations of the society. He found it said that the adminis. Smith, Mr. Ingle Joyce, Mr. W. Holmes, Mr. T. Sladen, Mr. E. Bannister, trators of its funds had found themselves straitened in the means of Mr. F. H. Rooke, Mr. Sydney St. John Steadman, Mr. E. J. Castle, Mr. fulfilling their benevolent desires in this respect. It was deeply to be E. W. Stock, Mr. W. F. Eldridge, Mr. R. W. McLeod Fullarton, Mr. regretted that this should be the case, and he trusted that this evening Trinder Romer, Mr. J. R. Adams, Mr. F. Morgan, Mr. R. W. Dibdin, they would be able to shew by substantial contributions to the fund that Mr. G. 0. Price, Mr. B. Houghton, Mr. H. Fereday, Mr. J. E. S. King, they regretted, not only by word, but by deed, the deficiency in this Mr. T. C. Wright, Xr. G. Napier Trollope, Mr. T. Rawle, Mr. W. respect during the past year, and that they had taken the means of Weale, Mr. J. J. Keily, Mr. H. Brandon, Mr. J. Nicholls, Mr. T. E. supplying the committee with funds which should be adequate to the Watkin, Mr. R. E. Turner, Mr. A. W. Timbrell, Mr. S. Hall, Mr. operations with which they desired to engage. No one who had taken an Boyle Thompson (medical officer of the society), &c.
active part in the labours of the profession could have failed to have The CHAIRMAN having proposed the loyal toasts, which were received come into contact with many most admirable men who fulfilled the with the customary enthusiasm, gave the toast of the evening, “Pros- duties of law clerks. All of those present at his end of the table he was perity to the United Law Clerks' Society.” He said he had been looking sure had known many whose worth in their station had been equal to that at the report of the society for the past year, and he thought that of those in much more exalted positions. He could recall, amongst those in many respects he might congratulate himself in being able to who were gone and those whom he knew to be living, men in the com. address them upon an occasion on which such a report came before paratively humble position in the profession of law clerks who had them. He congratulated himself both on what was in the report and acquitted themselves in their station and discharged their duties in on what was not there. For in all the reports which he had had the regard to the interests of the clients and the interests of truth and honour privilege up to this time of reading and on all the occasions on in a way which would be no discredit to any one of her Majesty's Counsel which he had had the pleasure of being present on occasions like this arguing at the bar of any court in the kingdom. With many he had there had always occurred a paragraph, there had always been a sen come in personal contact, and, speaking for himself, he felt all the tence or two in the speech of the chairman devoted to a recognition of regard and esteem which was due to a long comradeship in the pro: the losses which the society had sustained in the course of the past year. fession. He trusted that the subscriptions received this evening would No such paragraph occurred this year in the report of the society, and no shew a desire that the committee should no longer be hampered in their such sentence was required from him. That did not arise from the fact wish to discharge the benevolent operations of the society, but that they that there had been during the past year no professional changes, should have such funds placed in their hands as would enable them to but apparently none of these changes had been occasioned by the removal meet the claims of misfortune. The members were men of a most from amongst them of the friends of the society. One venerable form had worthy class, and who had by their exertions in their own behalf deserved disappeared from the bench at the Royal Courts of Justice, but the Vice- well of the community, and they had deserved that they should receive Chancellor, for so they must still term him, was yet amongst them, and if this mark of their sympathy from the guests present as a proof that they the weight of years prevented him from longer taking an active part in considered the law clerks members of the same profession as themselves. the administration of justice, it had not deprived him of the capacity of The toast was drunk upstanding, and with three times threo. cultivating those tastes and enjoying those pleasures which had alleviated Mr. T. H. FISCHER, Q.C., gave the health of the chairman, observing the trials of a long professional career and were now the solace of his that one of the first duties a newly-made judge was called upon to green old age. In the House of Lords, again, an unforeseen and sudden perform was to preside at one of these annual festivals, and those present failure of health had deprived the public and the profession of the benefit had had the opportunity of witnessing with what cordiality and good will of the services of Lord Blackburn, than whom he might safely say that the duty had been discharged by the chairman this evening. From the during the last quarter of a century no greater expositor of the English courtesy and patience with which he also listened to every member of the law had sat on the bench; but he was sure they would all rejoice to learn bar, Mr. Justice Stirling made the discharge of professional duties in his that entire relief from the strain of judicial work had abated those court a real pleasure to those who had the privilege of practising there. symptoms of failing health which had alarmed his friends and led to his It was his earnest hope that their chairman might long be spared to resignation, and that he was now enabled to look forward to a life which adorn the bench. would be at least as long as those of his contemporaries, and it was hoped The toast was drunk with great enthusiasm and musical honours. that with returning strength he would be able, occasionally at least, to The CHAIRMAN, who was received with loud applause, returned thanks, take his place in the House of Lords and to add to those numerous judg- observing that he felt it a great honour to be permitted to preside on man) would now turn to what was in the report, and he observed that in England owed to those who practised before him, and, above all others, it a distinction was drawn between what was termed the provident how much he, coming to the bench in early years,'and without that experi, provident societies they knew that they were beset by numerous dangers. forbearance and the help which had been cordially given to him bin am sing form. They had heard of cases in which such societies had, through all most heartily, juniors, solicitors, and law clerks for the help he has Some of them came before the courts of justice occasionally in a distres - those who had practised in the front bench before him. He thanked theca those to whom their affairs had been entrusted, become unable to fulfil their he had to sit in chambers, and he could say that nothing conduced the accompanied with great distress on the part of those who had looked forward law clerks laid their cases before him. That, for the amount of business to the provision which they thought theyhad made out of their hard earnings he had to get through, was the heaviest day of the week, and he for their old age, or for those who were to remain after they were gones fore spoke with the utmost sincerity when he said he thanked the line No suggestion of any such want of care, he was sure, had leverer en ferea clerks no less than thatqueenin Counser for the help and support they had the minds of any of those who had known of the operations of the society. alike given him. Its trustees and administrators were far beyond the suspicion of any.
Mr. F. O. Crump, Q.C., in proposing the next toast, said that it had had been apprehended for the society, "but another source Mad been the Bar, and the profession, but tonight their chairman was the folder looked on as that to which it was most exposed for he remembered that representatide the the bench present, and he tur. Crump) would therefore on previous occasions its actuaries and its auditors had warned the propose the health of the Bar and the Profession. He should have become could remember that the learned judge who had the occupiede toi et hair chairman, because he knewesentsimilar occasions what a high tribute the and several speakers had dwelt with some apprehension on the danger been paid by judges to the lawicierks on account of the assistance, thing to which it was exposed from being so old an institution. It was suger had derived a jom them, and the wished they could have come up their composed of old members who rested on what they had done-on the funds which they had accumulated. There was a very great danger that to drink the health of the bar.
The toast of the profession included the
the demands upon it.
THE SOLICITORS' JOURNAL,
595 that England could boast of. He did not single out the bar and put it alone as apart from the profession. He was proud to belong to the profession of which they were all members. He would like before sitting
A HISTORY OF SOLICITORS AND ATTORNEYS.* down to refer to an incident which had taken place in the Temple-gardens
By FREDERICK E. Sawyer, F.S.A., of Brighton. on the preceding day as shewing what ought to be done by all of them as a profession in taking part, not only in helping each other, but in help- LAWYERS are, as a rule, such good supporters of antiquarian research that it ing those less fortunate than themselves. He had seen in the newspapers is somewhat surprising that the ancient and honourable professions of this morning a record that upwards of 2,000 little children taken from
"attorney " and “solicitor” (now merged in that of “solicitor '') have not the gutters of the East End of London had been entertained in the
as yet found a historian. Various learned, scientific, and corporate bodies Temple-gardens by the Benchers and Queen's Counsel. That was only having published their records (with, in some cases, complete lists of their one phase of their common existence. They might look upon those un
members from an early date), it seems to me that the proper time has arrived happy gutter children and say they were very unfortunate, but it was in
for bringing before the members of the Incorporated Law Society the questhe profession of the law, as in other avocations, that times came when
tion of the collection and publication of all records relating to their progreat moral courage was required. He did not care whether it was the fession, including a complete list (or index) of attorneys and solicitors so far judge who had just gone to the bench, and who had to brave the ordeal
as ascertainable. of the position; or that individual who, emerging from a stuff robe,
The time at my disposal, of course, precludes the possibility of giving launches on the waters of speculation in silk and does not know whether even a short history of the subject completely–indeed, it is more my object he is going to the dogs or whether he is to make for himself a high posi- to show what can and should be done--and I propose, therefore, to sketch tion; or the solicitor from the country who had come to London to take a
out the heads of research and discussion, and briefly to illustrate and explain practice, in the purchase of which he had ventured all his capital; or the
the same. saw clerk whose interests were bound up with those of his principal, and who
1. Origin of the Office of Attorneys and Definition.-Attorneys-at-law were has to look to the future of himself and his family. From the judge to
no doubt the product of, and naturally incidental to, a state of great the humblest law clerk, each required that greatest of moral attributes— civilization, though I believe an ungracious public sometimes regards them moral courage. And he asked the members of the society in the times of as a relic of the times when “private war was waged. Early English law adversity not to be hasty in looking to the society, but to combat the required the personal attendance of parties to an action at each stage; but evils they had to meet in life. He urged them not to be ready to have this, of course, occasioned great inconvenience and expense, and they then recourse to these splendid funds accumulated during the last fifty-five obtained letters patent under the Great Seal, or the authority of Parliament, years. For a great many years he had had the pleasure of being present to appear by attorney ; but the general right in this behalf was not obtained on these occasions. He took the greatest interest in the society, and
until the Act 13 Edw. I. (1285). The patents, &c., were enrolled in open hoped its success would go on increasingly,
court by a special official, called the clerk of the warrants; and, until quite Mr. GAINSFORD BRUCE, Q.C., returned thanks for the bar. He said recently, the Lord Mayor of London, when attending at Westminster on they were all proud of their profession, and well they might be proud of November 9, in open court appointed an attorney for the city, usually the it. It had been said by ar. old writer that the voice of the law was the senior master of the court.† Attorneys-at-law (to whom I shall, for brevity, harmony of the world, and all things felt her power. The greatest felt refer as attorneys”) were nearly the same as proctors in the courts of civil her power, and the least was not exempted from her care. It was on law. The Judicature Act, 1873, has now abolished the title, and from occasions of this kind that one was forcibly reminded of the great brother- Norember 1, 1875, all attorneys and solicitors have been styled “ solicitors hood of the law. What a great brotherhood it was, and how they all of the Supreme Court of Judicature," sometimes abbreviated (particularly gained strength by recognizing the great brotherhood to which they all by Scotch lawyers) to “Ş.S.C.,” which title has, however, been ridiculously belonged. It was a very busy and active brotherhood. In all branches usurped by some medical men who have passed a university examination in of the profession men were busy working. He hoped, he believed, he sanitary science, and therefore dubbed themselves “S.$.C.” (Sanitary was sure, that it was an honourable profession, that unless men in the pro- Science Certificate). It is somewhat ludicrous to observe that the leading fession devoted themselves to their work from high principle, and were journal (the Times), which even publishes “ Weekly Law Reports,” has not actuated by honour in every act, they were unworthy of the profession, and yet, at the lapse of more than eleven years, discovered the change, and still they could never have the confidence of those with whom they came into absurdly designates us as “attorneys.” As regards the definition of the contact. It was not only in the higher branches, but in every branch, word " attorney," I cannot do better than quote the latest standard authority, and this was carried out to a remarkable extent, and he did not know any
" The New English Dictionary” (edited by Dr. James A. H. Murray). profession in which the members were on better terms with one another.
From this it seems that the word appears in English literature in the forms The reason was that they were so busy fighting their clients' quarrels that of aturne, atorne, attourne, atturney, attourney, aturney, atturnie, atturneye, they could not afford to have any quarrels of their own. He hoped the and atturneie. It is the past participle masculine of the old French verb characteristics of which he had spoken would continue to prevail, and that atourner, " to attorn,” in the sense of one appointed or constituted.” Dr. they would always be an active, busy, honourable brotherhood, and that Murray observes that "the statement found in law dictionaries for the last they should remain on good terms with one another, and so discharge 200 years that the word means one who acts in the turn of another’ is a their duties to their own credit and to the advantage of those for whom
bad guess.” The third sense in which the word is used is that of " attorneythey were concerned.
at-law, or public attorney," defined as “ a professional and properly-qualified Mi: J. R: ADAMS responded for the profession, expressing his belief that legal agent, practising in the courts of common law (as a solicitor practised solicitors did not take so much interest in the society as the members of in the courts of equity). This sense slowly disengaged itself from that of the bar, which was much to be regretted.
attorney as one duly appointed to act for another in business, &c. From an Mr. Lewis Coward, in a humorous speech, gave the toast of the ladies, early period the name was often used reproachfully, as almost = 'knave' and the proceedings terminated.
or swindler.' The following illustrative quotations are given :—1330 Subscriptions and donations were received to the amount of upwards of cir. Political Songs, p. 339 : “ Attourneis in cuntré theih geten silver for £350.
During dessert a programme of music was excellently performed under illiberal public.) 1402. Act of 4 Henry IV.? "Ordeignez est et establiz the direction of Mr. Gregory Hast, assisted by Madame Worrell, Madame qe toutes ces attournees soient examinez par les Justices, & par leur disFlorence Winn, and Mr. Franklin Clive. Pianiste, Mr. Charles H.
cretion leur nouns mys en rolle.” (It is ordained that all attorneys be Kempling, R.AM.
examined by the justices, and that, at the discretion of these, their names be entered on the roll.) 1536. Wriothesley's Chron. (1875 ed.) i. 57: “An atturney of the lawe and felowe of Graies Inne." 1763. Blackstone's Commentaries, iii. 25 : “An attorney-at-law answers to the procurator or
proctor of the civilians and canonists.” The quotations referring to the The death is announced of Sir Matthew Cameron, Chief Justice of the word in an unfavourable sense are: “1400. William of Nassington, Spec, Common Pleas of Ontario, Canada, who was knighted only last month. Vit. MS. Bodl. 48, If. 166:The Insurance Record observes that the Jubilee has brought honours to
"A fals atorne the Law Fire Office, three directors of which are among the new knights
Ffor he foloweb wt al his my3t namely, the chairman, Arnold W. White, Esq., Solicitor to the Queen;
As wel a wrong ple as a rizt.'” Wm. J. Farrer, Esq., High Bailiff of Westminster; and 1. Fox Bristowe, 1732. Pope (Moral Essays, ii. 274) referring to “the Man of Ross” Esq., Q.C., Vice-Chancellor of the Duchy of Lancaster.
making up differences, &c., says: On the 24th ult, the Prince Regent of Bavaria paid a visit to the Royal
· Despairing quacks with curses fled the place Courts of Justice, and was conducted over the building by the Superin
And vile attorneys now an useless race. tendent. The Prince Regent, it is understood, contemplates erecting new
1784. Even good old Dr. Johnson could not help having a fling at the interest in bis inspection of the various courts and the mode of conducting
any man behind his back, but he believed the gentleman was an business in them, which was explained to him.
2 Orijin of the Office of Solicitors and Definition.--Solicitors were formerly In the House of Commons on the 23rd ult., in answer to Mr. Childers, distinguished from attorneys as not having power to bind their principals; Dr. Matthews said that answers had been received from a large majority but in later years the term was restricted to practitioners in chancery, of the court-house authorities with reference to the accommodation of Parliament, Privy Council, &c. Perhaps the best old definition of a prisoners awaiting trial. Most of these bodies had appointed committees "solicitor” was, “ one who does in chancery the business which is done by hoe alterations and improvements suggested by the committee of the right of solicitors than of attorneys, and a common solicitor was not thought to hon, gentleman. Very few-—not more than one or two-had refused to hold a very respectable office, being sometimes only a menial servant of the adopt those suggestions, and these he hoped might be induced to take a more reasonable view, and on the whole he trusted that there would be po
• Read at the London Meeting of the Incorporated Law Society. necessity for legislation on the subject.
+ Pulling, Laws of London, p. 89.
Mr. WILLIAM FREDERICK HAYNES SMITH, Attorney-General of British Guiana, has been created a Companion of the Order of St. Michael and
St. George, Mr. Smith is the fourth son of Mr. John Lucie Smith, of
nobility. This inferiority continued until the seventeenth century; as in 1654 sioners of Inland Revenue should be primâ facie evidence of the payments of it was provided that no person should be admitted as an attorney unless he duty by any attorney or solicitor whose name appeared therein. [Many of had practised for five years in the courts as a common solicitor. The growth these facts are kindly supplied by the Commissioners of Inland Revenue.] in the jurisdiction of the chancery courts, causing the two professions of The courts of law and chancery have always possessed the power to strike attorney and solicitor to be united in the same person, resulted in the latter off the roll any attorney or solicitor guilty of dishonest or unworthy conduct. term gradually superseding the former. The word “solicitor" is from the (d) Taxation of Costs. The charges of solicitors are and always have been Norman-French solliciteur, derived from the Latin sollicita re: to agitate, subject to a process called “taxation,” though why, it is somewhat difficult urge, or solicit.
to say, seeing that we have not now an Assize of Bread, and that doctors' 3. Chronology.-For convenience in considering the various points in the bills and barristers' fees are not subject to these inconvenient disabilities, and history of our profession, I have prepared the following brief chronological auctioneers and house agents can charge what they please. The historian of table:
our profession will, of course, direct special attention to this head and its 1235. Attorneys allowed in minor courts.
possible connection with “ the Plan of Campaign.” 1285. General attorneys allowed to act. 1402. Roll of attorneys required to be kept.
(To be continued.) 1606. Some legal training required.
1654. Attorneys ordered to join inns of court and chancery. Service as clerk required by rules of court.
1729. Articles of clerkship required by statute. 1785. Annual duty imposed.
LEGAL NEWS. 1795. Stamp duty on articles imposed. 1801. First official Law List published.
OBITUARY. 1831. Law Society incorporated by Royal Charter. 1836. A final examination first required.
Mr. Joseph HENRY DART, barrister, died at his residence, Beech House, 1843. Solicitors Act passed; Incorporated Law Society made registrar. Ringwood, Hampshire, on the 27th ult., at the age of seventy. Mr. Dart 1860. Preliminary and Intermediate Examinations required.
was the eldest son of Mr. Joseph Dart, of Tidwell, Devonshire, and was 1873. Attorneys abolished and called solicitors.
born in 1817. He was educated at Exeter College, Oxford, where he 4. Regulation by Law—a) Number allowed. --Some limitation in the number graduated second class in Mathematics in 1838, and he obtained the New.
He was called to the of attorneys seems to have existed at an early date, as we find the Statute 4 digate Prize for English Verse in the same year. Henry 4, c. 18 provided that “as any die or cease, the justices shall Bar at Lincoln's inn in Hilary Term, 1841, and he had for many years a appoint others being virtuous, learned, and sworn. The eastern counties very extensive practice as a conveyancer. His well-known treatise on the appear to have suffered from an excess of attorneys, as we find in an amusing law of Vendors and Purchasers has gone through many editions. Mr. manner from the Act 33 Henry 6 (1455), c. ř, which recited that "not Dart was for many years one of the conveyancing counsel to the Chancery long before, within the city of Norwich and the counties of Suffolk and Division. He was a bencher of Lincoln's-inn aud a magistrate for HampNorfolk there were but six or eight attornies at most, in which time great
shire. He was married in 1842 to the daughter of Mr. Richard Humber. tranquillity reigned there; but that now in the said city and counties there Mr. SAMUEL LILLEY, barrister, died at Southsea on the 22nd ult., at an were above fourscore attornies, the greater part of whom, having nothing advanced age. Mr. Lilley was the eldest son of Mr. Samuel Isaac Lilley, else to live upon, spent their time in fomenting and encouraging little, of Peckham, Surrey, He was educated at Jesus College, Oxford, was trifling, and vexatious suits, to the no small damages of the said city and called to the bar at the Middle Temple in Trinity Term, 1827, and praccounties. Wherefore, it was enacted that, from thenceforth, there should be tised on the South-Eastern Circuit, and at the Central Criminal Court. but six common attornies in Norfolk, six in Suffolk, and two in the city of Mr. Lilley had for many years a large criminal business, and he had long Norwich, who should be approved by the chief justices, and that the election been the leader of the Surrey Sessions. He was also much engaged at the and admission of all other attornies by the justices above the said number various licensing sessions in and near the metropolis, and for the last two should be void, and if any other should presume to practise he should forfeit years he had been one of the revising barristers for the county of Surrey: £20.” It is suggested that the imposition of the heavy stamp duty on
Mr. FREDERICK ALBERT Lewin, barrister, died suddenly on the 25th ult. articles of clerkship was due to a desire to limit the number of attorneys; from disease of the heart. Mr. Lewin was the fourth son of Mr. Robert but having regard to the date (1795), it is more probable it was to help in Lewin, of Cuddington, Surrey. He was born in 1842. He was formerly the enormous taxation required for heavy foreign wars.
fellow of Caius College, Cambridge, where he graduated as sixth wrangler (3) Control by Statute and the Courts.—When the Incorporated Law Society in 1864. He was called to the bar at Lincoln’s-inn in Hilary Term, 1867, first took in hand the subject of consolidation, there were no less than and he practised in the Chancery Division. He was the author of a seventy Acts affecting solicitors,* whereas there are now only three Acts in treatise on "The Law of Apportionment,” and he had edited" Lewin on force older than the present reign. The first statute 20 Henry 3, c. 10 Trusts.” Mr. Lewin was married in 1869 to the eldest daughter of Mr. (passed indeed before there was a Parliament, but entered on the Parliament William Robert Baillie, W.S., of Edinburgh.
He was buried on the 30th Roll, 1 Rot. Parl. 84) provided that "every freeman that oweth suit to the ult. county, tithing, hundred, or wapentake, or to a .court baron, may make an attorney to do his suit for him." The Statute of Westminster 2 (13 Edw. 1, c. 10) in 1285 enacted that “every person may make a general attorney to
APPOINTMENTS. sue for him in all pleas in the circuit of the justices.” The 4 Hen. 4, Mr. HENRY BROMET, solicitor (of the firm of Bromet, Taylor, & Bromet), c. 18 providing for a roll and examination by the judges I have before of Leeds and Tadcaster, has been appointed Clerk to the Tadcaster mentioned. An Act, 3 Jac. 1, c. 7 provided that "none shall be admitted School Board. Mr. Bromet was admitted a solicitor in 1863. attornies in courts of record but such as have been brought up in the same courts, or otherwise well practised in soliciting of causes, and found skilful
Sir Arthur Townley Watson, Bart., Q.C., has been elected a Bencher and of honest disposition.
of Lincoln's-inn. It is unnecessary to follow through the various Acts one by one affecting attorneys and solicitors. The profession was
Mr. John Edmund LINKLATER, barrister, has been appointed a Regis controlled also by rules of court, and accordingly we find in 1654 an order
trar in Bankruptcy, in succession to the late Mr. Finlay Knight. Mr that “all attorneys be admitted of some inn of court or chancery by Hilary Registrar Linklater is the eldest son of Mr. John Linklater, solicitor, of attorneys. Another order in 1704 declared that many attorneys were not Oxford. He was called to the bar at the Inner Temple in Hilary, Terme admitted of some inn of court or chancery according to ancient usage, the 1872, and he has practised on the South-Eastern Circuit and in the Court neglect whereof was to the detriment and decay of the said societies," and ) of Bankruptcy. (c) Roll of Attorneys and Solicitors. - The first Act which required the Rawlins), of Lymington and Freshwater, has been appointed Clerkantorantice
Mr. John Davis Rawlins, solicitor (of the firm of Moore, Jackman, & keeping of a roll was the 4 Hen. 4, c. 18 (already mentionedy, qand, untii Lymington Board of Guardians, Assessment Committee, School Attendance the Act 2 Geo. 2, c. 23, this was the chief Act on the subject. The latter Commitee, and Raral Sanitary Authority. Mr. Rawlins was admitted a Act directed that rolls or books of admissions should be kept by the masters solicitor in 1876. of each common law court, and in chancery by the clerk of the Petty Bag Office. I bave made inquiry as to what rolls of attorneys are now
Mr. Thomas Beard, solicitor, of 10, Basinghall-street, has been forthcoming, and learn from the Deputy-Keeper of the Public Records that in appointed by Mr. William Alpheus Higas,' Sheriff-Elect, to be one of the his office they have only got the admissions of attorneys from comes to this Under-Sheriffs of London and Middlesex for the ensuing year and out date, whilst at the Petty Bag Office they have the solicitors' admissions for
Beard was admitted a solicitor in 1858. He is deputy for the Ward of the same period. Both these series seem to start with the Act 2 Geo. 2, c.
Bassishaw. 23 (already mentioned), but I am at present unable to trace the records of
Mr. John Henry Fawcett, barrister, Consul-General and Judge of the trust these may be found, as no explanation has yet beenooltered at holheit Kuvent commander of the order or sta. lilichael and St. George. Siroju in disappearance. The list of authorized practising the begin afice redicitors, kein Kawet in the eldest some of me. John Fawcett, barrister, and was beining has been made known from time to time by the publication of printed lists 1831.
He was educated at Rugby, and was formerly a scholar of Trinity set from that date, and in 1801 the “ Law List” became official, being then practised on the Northern Circuit. annual certificates (or licences). In 1861, by the Act 23 & 24 Vict. c. 127, it was enacted that “any such list issued by authority of the Commis
became Consul-General and Judge of the Supreme Consular Court. • Introd. 18t Calendar (1882), p. 26,
He was appointed Vice-Consul and
597 Georgetown. He was called to the bar at the Middle Temple in Trinity the Chingford Station Estate, Chingford, Essex; the West Stonebridge Term, 1863. He was Solicitor-General of British Guiana from 1865 till Park Estate, Stonebridge, Willesden; the property of the London Land 1874, when he was appointed Attorney-General for the colony.
Company, in Liquidation; the following prices were realized for each Mr. FRANCIS FLEMING, barrister, Colonial Secretary for Natal, has been estate :-Southgate, £7,811; Chingford, £1,025; Willesden, £5,117 ; created a Companion of the Order of St. Michael and St. George. Mr. total, £13,953. Fleming is the eldest son of Mr. James Fleming, Q.0. He was born in It is stated that considerable anxiety is felt at Croydon for the safety of 1842, and was called to the bar at the Middle Temple in Michaelmas Mr. G. W. Binns, a member of the firm of Messrs. Binns, Lincoln, & Term, 1866. He became Crown Solicitor for Mauritius in 1869, a district Marsh, solicitors of that town. The missing gentleman left Croydon on judge in Jamaica in 1876, Attorney-General of Barbadoes in 1882, At the 18th ult. for Southampton, where he had some important business to torney-General of Ceylon in 1883, and Colonial Secretary for Natal transact. He took up his quarters at the South-Western Hotel, and at in 1885.
seven o'clock the next morning went out for the purpose of having a bath, Mr. SAMUEL Butler Provis, Assistant-Secretary of the Local Govern- ordering his breakfast for half-past nine. At nine o'clock, however, his ment Board, has been created a Civil Companion of the Order of the Bath. clothes were found on the beach, and although diligent search has since Mr. Provis is the eldest son of Mr. Samuel Provis, of Bath. He was been made no further trace of him has been discovered. educated at Queen's College, Cambridge, and was called to the bar at At Bow-street on Saturday (says The Times) Francis Hill and Charles the Middle Temple in Easter Term, 1876.
Thomas Hill, solicitors, of Chancery-lane, carrying on business as Messrs. Mr. John MALCOLM Forbes Ludlow, barrister, Chief Registrar of Head & Hill, appeared to adjourned summonses charging them with Friendly Societies, has been created a Civil Companion of the Order of wilful and corrupt perjury, alleged to have been committed in an action the Bath. Mr. Ludlow is the only son of the late Lieutenant-Colonel John brought by Montague Mowbray Ballinger to recover money he alleged to Ludlow, C.B., and was born in 1821. He was called to the bar at be due under an agreement to share the profits of an action brought by Lincoln's.inn in Michaelmas Term, 1843, and he formerly practised in the Mr. and Mrs. Broughton against the Pall Mall Gazette in connection Court of Chancery. He has been Chief Registrar of Friendly Societies with the Armstrong case. The case against Mr. Francis Hill was since 1875.
proceeded with. The prosecutor deposed that he was now a journalist. Mr. CHARLES EDWARD GREGG PHILIPPS, barrister, has been created
He became acquainted with the Broughtons, and introduced them to the Baronet. Sir O. Philipps is the eldest son of Mr. Edward Fisher, of Gazette for libel. He alleged that it was agreed that he should share the
defendants with the object of commencing an action against the Pall Mall Huddersfield. He was born in 1840, and he assumed the name of profits equally with the defendants. He averred that he had done so in Philipps by Royal license. He was called to the bar at the Middle Temple other actions. The action was eventually settled by the payment of £450, in Trinity Term, 1868, and formerly went the Midland Circuit. Sir c. and the defendants were represented to have stated that £250 was for costs Philipps is a magistrate for Pembrokeshire and Carmarthenshire, and a and the balance for damages. Witness had several interviews on the deputy - lieutenant for the latter county. He was High-Sheriff of Pembrokeshire in 1882, and he has been Lord-Lieutenant of the town and account of moneys advanced to him, and, after allowing him five-tenths of
question of sharing the profits, and eventually he received a statement of county of Haverfordwest since 1876.
the profits, a cheque for £24 123. was sent. He afterwards commenced an Mr. Henry Cecil GEARE, solicitor (of the firm of Geare, Son, & Pease), action to compel the defendants to render an account, and for the of 57, Lincoln’s-inn-fields, has been appointed a Commissioner to take recovery of half the profits under the alleged agreement. A summons was Affidavits for the Supreme Court of the Province of South Australia. taken out in the ordinary course, and in answer the defendants filed an Mr. John Robert ROBERTS, solicitor, of Halifax, has been appointed share the profits. In consequence the action was stayed, and this was the
affidavit repudiating the statement that there had been any agreement to admitted a solicitor in January, 1879, and during the last seven years has perjury complained of. In cross-examination by Mr. Kemp, witness said practised at Halifax in partnership with Mr. Walter Storey.
he had been on the stage, and at the time he introduced the case to Messrs.
Hill he was a correspondent for American newspapers, though he could Mr. George Rose-Innes, jun., solicitor, has been appointed Under- not now give the names of any paper. He admitted that he had borrowed Sheriff of London and Middlesex for the years 1887-8. He is a member of money from Mr. Charles Hill, and had written letters expressing his gratitude the firm of Rose-Innes, Son, & Crick, of Billiter-square, E.C., and was for the kindness he had received. Mr. Kemp produced a letter written by admitted in the year 1862. Mr. Rose-Innes, jun., has already held the the witness to the defendants in which he urged his claim, and counsel office since 1885.
particularly drew attention to an extract with reference to the alleged Mr. CHARLES MALCOLM Henry Swan, solicitor (of the firm of Stollard & bargain. The extract read as follows:-"With you I did not think it Swan), of 485, Oxford-street, London,' has been appointed a Commissioner necessary, for you always gave me to understand that you would treat me to administer Oaths in the Supreme Court of Judicature.
on agency terms, and the few spec.' actions have been to our mutual Mr. FRANK RICHARDSON, solicitor, of Wigton, has been appointed assertion that there had been a special bargain. It was an absolute
liking.' Mr. Bridge asked if this was consistent with the witness's Clerk to the Local Board of Health for Wigton, Cumberland.
contradiction. The magistrate further stated that anything more Mr. CHARLES Isaac ELTON, Q.C., M.P., has been elected a Bencher of disgraceful than this case he had never heard, and he trusted that the Lincoln's-inn.
Incorporated Law Society would take it up to prevent bargains between Mr. George Rust has been elected Chairman of the Huntingdonshire solicitors and clerks. It was absolutely unprofessional, and brought the Quarter Sessions.
profession of the law into disrepute. Mr. Kemp asked the magistrate not
to assume that his clients had acted in the manner suggested, as they had The Right Hon. George Sclater Booth, barrister, M.P., who has been several letters from the prosecutor to shew that they had treated him with created Lord Basing, is the eldest son of Mr. William Lutley Sclater, of every kindness. Mr. Bridge : They are not guilty of perjury, but I hope Hoddington House, Hampshire. He was born in 1826, and in 1857 he the Încorporated Law Society will make some inquiry. The summons was assumed the additional name of Booth by Royal license. He was edu- dismissed. cated at Winchester and at Balliol College, Oxford, where he graduated second class in Classics in 1847. He was called to the bar at the Inner Temple in Trinity Term, 1851, and he formerly practised in the Court of Chancery. He was M.P. for North Hampshire from 1857 till 1885, when he was returned for the Basingstoke Division of that county. He was
COURT PAPERS. secretary to the Poor Law Board from March, 1867, till February, 1868,
SUPREME COURT OF JUDICATURE, and financial secretary to the Treasury from February till December,
ROTA OF REGISTRARS IN ATTENDANCE ON
CHITTY. 1880. Lord Basing is a magistrate for Hampshire.
Mon., July 4 Mr. Carrington Mr. Pemberton Mr. Lavie Mr. Koe
Lavie hood, was admitted a solicitor in 1857, and is a member of the firm of Thursday. ?
Carrington Arnold & Henry White, of 12 and 14, Great Marlborough-street, W.
He Friday is private solicitor to the Queen.
Saturday... 9 Godfrey Clowes
Mr. Justice Mr. Justice
[Gazette, June 24.] Bournemouth. June 24.
[Gazette, June 28.]
said business alone.
GENERAL, ERRATUM.—In the list of calls to the bar published last week, for "Ralph Sliff Simey, B.A., Cambridge,” read “ Ralph Iliff Simey, B.A.,
At a sale by Mr. H. J. E. Brake, on the 23rd ult., of 320 plots, being the remaining portions of the Southgate Park Estate, New Southgate, N.;
WINDING UP NOTICES.
LIMITED IN CHANCERY.