« PreviousContinue »
. We have been furnished by a correspondent with a note of this decision,
not necessary that representation should be taken out to the executor, and the assessment subject to this case. It was argued on behalf of the that service of the petition on such a representative might be dispensed appellants, first, that there were no profits at all within the meaning of with.-COUNSEL, Butcher. SOLICITORS, Tilithorne, Currey, f Villiers. the Income Tax Acts, and, secondly, that the sums received from the
wealthier patients were exempt by section 105 of the Income Tax Act, ASHWORTH v. LORD-North, J., 2nd July.
1842, which applies to Schedule D. the exemption given by section 88,
sub-section 3, in the case of Schedule C. On the part of the Crown it was MORTGAGB-REDEMPTION-MORTGAGEE IN POSSESSION-OVERPAYMENT-AC
contended that the sums received were not the less profits because they COUNT WITH ANNUAL Rests --Costs.
were spent in charity, and that section 105 did not apply, as it did not This was a mortgagors' action for the redemption of the mortgaged refer to profits. property. The mortgagees liad been for many years in possession of the The Court (Lord COLERIDGE, O.J., and Field), J.) gave judgment for property. The judgment at the trial directed an account of what was
the Crown. This hospital was conducted on the principle of the richer due to the defendants for principal and interest in respect of their secu, patients paying sums in excess of what their treatment cost, to enable rity, and for their costs of the action, and an account of rents received poorer patients to be also treated. The question was whether, under by them, &c., and that, on payment by the plaintiffs to the defendants of
these circumstances, when there was a profit derived from the richer the balance (if any) found due to them, within six months of the patients, that profit was assessable to income tax. Primâ facie, these date of the chief clerk's certificate, the defendants should re-convey the profits were clearly assessable. And they were not exempted by section property to the plaintiffs, and that, in default of payment, the action | 105; for, assuming the appellants to be such a corporation as mentioned should be dismissed with costs. But, in case it should appear on taking in that section, this £7,000 was not an annual payment applied by the the accounts that the defendants had been overpaid, the further consid-committee to charitable purposes only. So long as the committee received eration of the action was adjourned. The chief clerk by his certificate these patients, they received profits; and, though they were practically found that the mortgage debt had been paid off as long ago as 1866 by obliged by the Commissioners in Lunacy to spend those profits in a parmeans of rents which the defendants had received, and that there was a ticular manner, and did use them for a wise and beneficent purpose, they sum of £618 due from them in respect of rents which they had since were none the less profits, and therefore liable to income tax. - COUNSEL, receivel. The defendants had insisted that a large balance was due to Sir H. James, Q.C., and Graham ; Sir E. Clarke, S.G., and Dicey. SOLICITORS, them.
Hensman G Marshall, for Hensman of Sons, Northampton; The Solicitor of NORTH, J., held that an account must be taken against the defendants, Inland Revenue. with annual rests from the date at which they were fully paid ; and that, as they had made an unfounded claim, they must, notwithstanding the form of the original judgment, pay the costs of the action.-COUNSEL, Cozens-Hardy, Q.C., and E. S. Ford ; Everitt, Q.C., and Ingle Joyce. Solis
CASES AFFECTING SULICITORS. CITORS, Bolton, Robbins, Busk, f Co.; Gregory, Rowcliffes, ģ Co.
CRAY v. WRAY-Field, J., in chambers, 2nd December, 1886.* Re WATSON, CARLTON – CARLTON—North, J., 6th July.
ACTION BY SOLICITOR FOR BILL OF Costs FOR LESS THAN £50-Costs ON
HIGH COURT SCALE.
In this case a London agent sued a country client (a solicitor) for the 114, 8. 2.
amount of a signed bill of costs for less than £50 delivered in compli.
ance with the provisions of the Solicitors Act, 1843. Appearance was The question in this case was whether the will of an Englishman entered and application for leave to defend was made under order 14, resident in Scotland, executed there in the form required by Scotch law, with the result that leave to defend was obtained on payment into court was effectual to pass his leasehold estates in England, the will not being validly executed according to English law. The testator be- mainder. Subsequently the defendant, on application to tax the bill,
as to part of claim, and unconditional leave to defend as to the requeathed his whole means and estate of whatever kind and denomination, withdrew the issues raised on the affidavits in defence. The costs were or wherever situated, to a trustee to pay certain pecuniary legacies, and all taxed. The plaintiff then applied for judgment on allocatur, and to tax the rest of his means and estate to be divided equally amongst certain the costs of the action. The order having been made, the plaintiff carried godchildren of the testator. The testator had some leasehold estates in his bill on the superior court scale. The master refused to tax. The situate in England. Section 2 of the Act 24 & 25 Vict. c. 114 provides plaintiff issued a summons before the judge, and cited Jones v. Brown (2 that "Every will and other testamentary instrument made within the United Kingdom by any British subject (whatever may be the domicil
Ex. Rep. 329). of such person at the time of making the same or at the time of his or her
Field, J., held that a plaintiff, when a solicitor, was still entitled to death), shall, as regards personal estate, be held to be well executed, and proceed in the High Court, not withstanding that the amount claimed was shall be admitted in England and Ireland to probate, and in Scotland to
less than £50, and to recover costs on that scale, on the ground of privi, confirmation, if the same be executed according to the forms required by lege, as held by Pollock, C.B., in Jones v. Brown, the Judicature Acts and the laws for the time being in force in that part of the United Kingdom Francis & Johnson ; Aaron Wray.
rules made thereunder not in any way affecting the question.-SOLICITORS, where the same is made.”
NORTH, J., held that the words "personal estate were not confined to movable property, but that they included leaseholds, and that the English leaseholds passed by the will.-COUNSEL, G. Henderson ; 8. Hall; R. F. Norton; Mackaskie. SOLICITORS, Miller & Miller; Cole & Jackson ; Nicholson Ś Graham.
LAW STUDENTS' JOURNAL.
INCORPORATED LAW SOCIETY.
The following candidates, whose names are in alphabetical order, were This was a special case stated by Income Tax Commissioners on an successful at the final examination held on the 14th and 15th of June, appeal brought by the St. Andrew's Hospital at Northampton against an 1887:assessment of £7,000 made under Schedule D. of the Income Tax Act, Adams, William 1853, for the year ending the 5th of April, 1884. The object of the hospital, Adlington, Jonathan
Bird, John William Edwin which was founded by voluntary contributions and was opened in the year Agnew, Harold, B.A.
Bobbett, Lewis Albert 1838, is the care and treatment of persons suffering from mental diseases. Aizlewood, Albert Percy
Booth, William Edwin It is registered as required by 8 & 9 Vict. c. 100, and is managed by a Allen, William Edward
Bostock, Henry committee of subscribers whose services are gratuitous. The intention of Alpe, Frederick
Bradbury, John Henry the committee is to provide for the treatment and maintenance of poor Anderson, John
Brady, Christopher patients who are unable to pay or can only pay a portion of the cost of
Bridge, Henry Sansum the treatment and maintenance afforded; and in order to enable them- Auden, Thomas Edward
Bromley, Joseph Walker selves to do this, they also receive richer patients, from whom they receive Auty, John Charles
Broughton, Charles Edward, B.A., payment at various rates, according to their ability to pay, above the Badcock, Frederick
LL.B. actual cost of their treatment and attendance; and this excess of payment, Bainbridge, Robert William
Brown, Frederick together with voluntary contributions, is applied towards the support of Palden, Samuel Dinsdale
Burkingyoung, Charles Edmund the poorer patients. From the opening of the hospital till the 1st of July, Bantoft, Guy Cyril
Burnett, Robert Oldham, B.A., 1876, both private and pauper patients were received, the original propor- Barlow, Richard Llewellyn
LL.B. tion being one-third of the former to two-thirds of the latter ; but in later Barlow, Thomas Marriott
Burrell, Robert years there was a tendency for the pauper class to exceed its due propor- Bartlett, Edward Henry Hewitt
Campion, Harold Gilmore tion. On the 1st of July, 1876, the pauper patients were removed to the Bartlett, George
Campion, John Todd New County Asylum near Northampton. The committee have been Batley, Ralph Cecil, B.A., LL.B.
Canning, Philip Lovel Hampden obliged of late years, at the instance of the Commissioners in Lunacy, to Beaumont, Henry
Cartwright, Sydney spend money in buying land in the proximity of the hospital to prevent Beaver, Frederick
Cavell, Harry St. John the privacy of the patients being interfered with ; and further expense Becher, Howard Percy
Chancellor, Walter Egerton has necessarily been incurred in erecting new buildings. It was said Bell, Edward Albert during the argument that the number of patients at the present time was Benjamin, Arthur Joseph 320, of whom 240 pay various sums exceeding the cost of their treatment Bentley, John Henry and maintenance, and 80 are assisted patients. The annual profits derived Berridge, Samuel Morpott
Chevalier, Arthur Edward from the wealthier patients, calculated on an average of the three years, 1880, 1881, and 1882, amounted to £7,000. The commissioners confirmed
Christie, Philip Rider, B.A.
Chapman, Frederick Wiiliam
Horne, Benjamin William
Tanfield, Arthur George
Sanderson, Stephen Goodman
Taylor, Alfred William
Scales, William Johnston
Taylor, Charles Alfred Innes
Sear, Merton Lane
Thomson, William Archer
Sharp, John Joseph
Tomlin, Morton James Baring, B.A
Tottenham, Loftus Dacre, B.A.
Simonds, John Edward
Tozer, Edward John Francis
Tratman, Alfred Saunders
Sinclair, Norman Macleod, B.A. Travell, Joseph Jackson
Sixsmith, Richard Massey
Smith, Charles Barnby
Turner, Richard John
Smith, Harold Seton
Walker, John Leonard
Smith, Hugh Hippisley Ayscough Walsh, James Henry
Smith, Robert Tweedy
Ware, Christopher Henry, B.A.
Snelling, Percy William
Warren, Frederick Arthur
Soares, Emest José, B.A., LL.B. Webb, Edward Hunter
Spackman, Bertram John
Webb, George Ernest
Spearman, John Gustard
Webb, William Herbert
Spencer, Charles St. David, B.A. Welsh, Frederick Gibson
Spencer, John Wilson
Whately, Thomas Percival
Sprigge, Frank Augustus
Whitaker, John Lawrence
Stammers, Sidney Joseph Richard White, John
Stansfield, William Ashton
Stapley, Frederick Henry
Williams, Henry James
Steele, Charles Deans
Stockdale, John Henry
Williams, William Albert
Stockton, Oliver James
Williamson, Frederick John
Stonehouse, Samuel Emberton Winnall, Charles Pears
Symonds, Christopher Barker Wise, William Henry
Wood, Arthur Herbert
Sweet, Arthur Francis
Woodhouse, Victor Harry
Swinburne, Henry, B.A.
Swinhoe, Rodway Charles John
Amphlett, Charles Edward
Habgood, Robert Tanner
Ardagh, Russell Drapes
Hanna, Robert Henry Waterloo
Arkwright, Sidney John, B.A. Harding, Lansdown
Armitage, Henry Allen
Harling, Allan Owen
Armstrong, Alfred Cameron Harris, Harry Leonard
Hartley, Charles Edward
Barker, William Chalmers
Hawes, Charles Edward
Hay-Chapman, Francis Frederick
Bland, Alexander Frederick Henderson, William
Bone, Edward Henry
Herrtage, Alfred Robert
Bower, Thomas Holme
Holbrook, William John
Holland, William Thomas, B.A.
Hollinshead, Hubert Rowson
Carr, George Frederick
Holt, Herbert James Whittell
Case, Robert Henry
Houchen, Alan Willis
Caunce, John Caunce Linney
Howard, Francis Stuart
Chamberlin, Alfred Ernest William Howell, Ernest Albert
Chapman, Henry William
Charnley, William Stewart George Hunt, Edward Frederick
Clode, Tracy Percy
Jolly, Lewis, B.A.
Jones, John David Valentine
Creeke, Herbert Buck
Lee, Charles William
Legge, Robert Oliver
Dauney, Arthur William
Lewis, Lionel Smithett
Davies, Albert Orlando
Liddle, George James
Davies, Charles Frederick
Lowden, Charles Edwin Stuart
Davies, Edward William
Lowe, John Henry
Davies, Willie Arthur
Marks, James Jones
Deeley, Harry Mallaby, B.A., LL.B. Martin, Alan Scott
Dent, Ernest Freshfield, B.A. Mason, Barry Willicombe
Drinkwater, George Frederick Mason, Herbert
Eaton-Evans, William George Menicraft, Richard Hankinson
Monks, John Thomas
Fovargue, Henry West
Myatt, Herbert William
Fowle, James Rogers George Myers, Solomon
Fox, Robert Floud, B.A,
Mylchreest, Claude Wathew
Fryer, Charles Arthur
Nixon, Charles Wyril
Govett, Lionel Arthur, B.A. Noble, Ernest William
Gregory, Herbert Edward
Gribble, Alfred Wingyett Pearson, Edward Francis Sidney
Hodgson, Henry Holmes, Frank Henry
barristers' from 'solicitors,' who are therefore returned
Of course, a brief history entire management of all dealings with land and houses may be in future " in the courts, but it is not bricklayer's labourer' likes to call himself a “bricklayer,' and a "journey.
• solicitors' clerks,' much less articled clerks' from 'ordinary clerks,'
there appears to have been no rule against attorneys being members of the Pollock, Adrian Donald Wilde Stevens, Francis Hewitt
inns of court, and the fact that a rule for their exclusion was necessary Poole, Harry
Strangwayes, Thomas Edward shews that at that time they must to some extent have been members of the Powell, Walter Rice Strouts, Harry Frederick
inns. Between 1600 and 1640 various orders were made that “common Quilliam, Joseph Swainson, George Francis
attorneys and solicitors who are but ministerial persons of an inferior Rabbitt, Harry Tattersall, Henry Percy
nature (mark the phrase !) should be prevented from being members of any Rankin, Arthur Joseph Burder Taylor, John
of the inns of court." The rules also went on to provide that any barrister Ransom, Edward Thomas, Evan Jenkyn
who practised as an attorney or solicitor should be disbarred. The records of Redgate, William Herbert Tilling, Walter James
Barnard's-inn shew an order in 1629 for “Mr. Harvey, late student of that Reynolds, Bernard Lias Todd, Griffith Samuel
house, to give up his chambers as he practised as an attorney."* Rules of Reynolds, Richard Benjamin Tozer, Edgar Mater
court in 1654 and 1704 (which I have before quoted) required every attorney Richards, Joseph Frederick Tremearne, Eustace Sewallis Shirley to be admitted of some inn of court or chancery, and, if it be true that Richardson, Bertram Ivor
Turner, Christopher John, B.A. these are (as they contend) purely voluntary societies, it is difficult to see Riddick, James Ormston Varey, Francis Challender
what power the judges had to make such rules. There is a qualification in Ride, Thomas
Walford, Herbert Nevill, B.A. a rule of 4 Anne, in reference to the inns of court, “if those honourable Ritson, Thomas Youdale Ward, Ernest
societies will admit them.” It is doubtful whether these rules were ever Roberts, Robert Arthur Ward, James Michael
thoroughly enforced, but from the beginning of the present century, the Rodgers, William Alexander Watson, Ernest Ivens
inns of court have zealously excluded attorneys and their clerks. The Rose, Herbert Watkin Watson, George
whole subject was considered in 1836 in the case of The King v. The Principal Russell, Arthur Llewellyn Wattson, William Beaven
and Antients of Barnard's-inn,t being an application by William Gresham, Schweder, Albert Julius, B.A. Weddell, Alexander George, B.A. attorney and solicitor, for a mandamus to compel them to admit him to that Scott, Charles Edward Weeks, Herbert Arthur
society. In support of his case several orders were quoted of the reign of Scott, George Sydney Wellington, James
Elizabeth and James I., empowering the inns of court to regulate the inns Simmons, Graham, B.A.
Westwell, Benjamin Thomas of chancery, and specially an order of 15th April, 6 Car. I., referring to Simpson, Joseph Thornton Whichcord, Julian
attorneys " being of the inns of chancery." I He had first appealed to Smith, Harry Opie Wickes, Charles Hamilton
Gray's-inn as the visitor of Barnard's-inn, but the former Inn decided they Smith, Horace Augustus Wilford, John Charles
had no power to interfere. The court refused to grant the mandamus. A Southwell, Harry Glanville
Williamson, Edwin Frederick somewhat similar case was The King v. The Benchers of Gray's-inn, in which Sprake, David Lewis Wilson, Harry
it was decided that the inns of court were not bodies corporate, and thereStafford, Stephen Goddard
fore there was no one to whom a writ could be directed. In the case of The King v. All n, in 1834, a mandamus was refused to direct the principal of Clifford's-inn to attend before the benchers of the Inner Temple, there being no sufficient proof that they had this authority.||
(a) History of the Inns of Chancery. It will be necessary to carefully colA HISTORY OF SOLICITORS AND ATTORNEYS. lect the history of the inns of chancery so far as they related to attorneys BY FREDERICK E. SAWYER, F.S.A., of Brighton,
and solicitors. Each inn of court had its own inns of chancery, yearly
receiving from them the pupils who had qualified themselves for promotion (Continued from page 596.)
to the status of inns of court men, and higher foes were charged to students history of our society is so fully described in the first annual calendar (for Temple: Clifford's-inn, Lyon's-inn, and Clement’s-inn. Middle Temple: Now
4) The Incorporated Law Society: its History and Growth. — The early coming to an inn of court from inns not under its control.
inn. Lincoln's-inn : Furnival's-inn and Thaives'-inn. Gray's-inn: Barnard's. others not being Barristers, practising in the Courts of Law and Equity of pulled down on the building of Somerset House. Much information wil. Ge
inn and Staple's-inn. New-inn took the place of Strand-inn (or Chester-inn), the United Kingdom.” It is, of course, quite unnecessary for me to mention Pound in Sir William Dugdale's Origines Judiciales (folio, 1671); also Cocoa the special functions of the society in reference to our profession generally, Addison' : History of the Knights Templars (4to, 1812); W. Herbert's but control it excrcises, whilst possessing far more complete (and statutory) & Edward Walford's old and New Zondon" (vols. i., ii., and iii.); whilst an powers. It has been suggested that membership of our society should be excellent history of Barnard's-inn has lately appeared in Notes and Querisch rendered compulsory, but this seems an impossibility, as it is a purely voluntary association, like the inns of court and chancery. The valuable
6. Growth of Profession—(a) Litigation. It is not necessary to say much work done by the society is not half appreciated by the members of our
on this point beyond observing that it does not now occupy so much of the be increased tenfold. One of the most valuable branches of the society's whereas the preparation of doods was formerly the work of conveyancerit profession, and, by giving it their firm support generally, its utility might attention of solicitors as formerly.
(6) Conveyancing.-In this branch a great change has taken place, for work has been in initiating and altering legislation. When we reflect how a body of middle-aged gentlemen, almost wholly ignorant of law, and
is now generally done by solicitors. sessing no legal training, set to work annually to tinker up the laws of this Slander) that "It is not slander to say of an attorney he made false important realm, the wonder is bow we are still able to exist. It is, there writings, because it is not his business to make writings." This would fore, of the greatest public benefit that our society should intervene, and not, however, be good law now. London solicitors are, I am told, still much that those who will have to administer the law should offer their suggestions too fond of running to counsel to prepare simple deeds which they ought as to its modification. This will, no doubt, in future form one of the most
themselves to know how to draw. important tasks of our society.
(c) Solicitors and General Business. The public convenience is found to be (1) Provincial Law Socirties. These preceded the formation of our own
well served by greatly extending the scope of a solicitor's duties so as to society; thus the Yorkshire Society was founded in 1786 ; the Somersetshire make him the confidential adviser on all family, legal, and business matters, Society in 1796; the Leeds Society in 1805, &c.*
the usual medium for winding up estates; and it seems possible that the of these is desirable.
5. Education and Training—a) Examination. There seems to be no doubt (and I think should be) intrusted tự the profession. Wills are now usually that our profession has taken the lead amongst the learned professions in prepared by solicitors, though it appears this was formerly done by scheme whilst the medical profession has only required one since 1858, and it is quite recently that officers in our army and navy have been obliged to pass lawyers !"
who in those days made wills, and so furnished frequent employment to the
We might well (I think) in the present day toast the makers of tion. The Incorporated Law Society in 1836 induced the judges to make printed sixpenny forms of wills, which cause infinite grief and litigation: examination, and the Solicitors Act, 1843, confirmed and extended the sales, growth of our profession during the present century, but on application that and in 1860 the society secured the passing of an Act (23 & 24 Vict. c.
the Registrar-General of Births, Deaths, and Marriages, I am informed that
it is impossible to supply any trustworthy information, for the censis (1) Articles. —I have already mentioned tha Act 3 Jac. 1, c. 7, which occupations is unsatisfactory, -* as there is a certain general tendency in all required attorneys to have been “ brought up quite clear when articles of clerkship were first in use.
classes of society to magnify their position and calling. For instance, a. rule of court in 1654 that persons applying to be admitted as attorneys
We find, however, a
man baker' a 'baker.' must have “served five years as clerk to some judge, serjeant-at-law, coun.
So, a retail shopkeeper' is apt to describe himself
"merchant, and in like sellor, attorney, or officer of one of the courts at Westminster, unless his
• solicitor.' master had given over practice.”
Under these circumstances, therefore, the articles compulsory, and a The Art 2 Geo. 2, c. 23 rendered
classifications of occupations for the purpose of the Census Report does Register of Articles of Clerkship” from 1749 to
not admit of the possibility of satisfactorily distinguishing solicitors from
* Notes and Queries, 7th S. ii. 223.
21 Douglas, 339.
It is stated that in the reign of Edward III. the number of attorneys in all Office in 1868. There is in my possession a roll dating from 1843, which, England was under 400, and the number practising in 1872 was said to be however, contains comparatively few enrolments, the practice of being 13,824.* The number of annual certificates issued by the Registrar in 1881 separately admitted a solicitor of the County Palatine being now quite was 12,594.
obsolete. I am unable to say when attorneys of the County Palatine were (e) Abolition of Special Courts, Proctors, &c.—During the present reign first instituted, but presume it would be about the same time as the institumany courts with special and peculiar jurisdictions and practitioners have tion of attorneys of the courts at Westminster. The latter could at any been abolished or altered so as to throw them open to the entire profession, time be admitted attorneys of the County Palatine upon signing the roll. whilst new courts have been established. These will all require historical The palatinate attorneys required separate admission at Westminster in order to notice. We may mention the Marshalsea Court ; ecclesiastical jurisdiction in practise in the courts there." The history of these courts should be collected. probate and divorce ; the abolition of proctors ; local small debt courts ; Some brief particulars of the “Great Sessions of Wales,” which appear to county courts; the Bankruptcy Court, &c. In many cases the intervention have been principally established by Henry VIII., will be found in Tomlin's of our society has secured us valuable rights of audience, &c.
Law Dictionary. (f) General Growth.— The general facilities afforded for the transaction of 12. Offices held by Solicitors. — Pulling mentions * five-viz., clerk of peace, business by the innumerable law reforms during the present reign, together undersheriff, clerk to justices, vestry clerk, and clerk to board of guarwith a reduction of the difficulties and cost of litigation and conveyancing, dians. He does not mention town clerk or coroner.
how. have resulted in a large increase of legal business, and there is no reason for ever, to be nothing making solicitors exclusively eligible to these offices. supposing that the endless complications necessarily arising out of our present 13. Vocations connected with Solicitors.—Pulling again mentions five-viz., high state of civilization will ever render it possible for the public to dispense conveyancer, scrivene", notary, proctor, and Parliamentary agent, but these with the assistance of well-trained legal advisers, although in moments of are now to a great extent followed by solicitors. temporary irritation they may “want to do without 'em.'
14. List of Admissions.- I am hopeful that it may be possible to compile 7. Taxation and Stamp Duties-(a db) Articles of Clerkship and Annual | (and perhaps publish) a complete list of attorneys and solicitors from earliest Duty:--The first Act imposing a duty on articles was the 34 Geo. 3, c. times. Even if the rolls, prior to 1729, are hopelessly lost, other records 14, which required a stamp of £120. The amount now payable is, however, might help to make a list, and particularly the registers of the Inns of Courts £80, and £25 on admission. The annual duty was imposed by the 25 Geo. and chancery. 3, c. 80, making London solicitors pay £5 yearly, and country solicitors 15. Biographical and Genealogical.-- This is an important branch of the £3. This has since been altered to £9 for the former and £6 for the latter, subject, and likely to prove of general interest. Biographies, pedigrees, &c., though solicitors not admitted three years get a reduction of £3. I have can be obtained, and we shall perhaps find that many lawyers of great made the following calculation as to the approximate amount thus yearly paid eminence are descended from attorneys or solicitors. We shall, of course, by our profession, basing it on the figures given in the society's balance-sheet require to know what members of our profession have been distinguished in for 1881:
the paths of poetry, art, science, literature, or archæology. Lord Campbell, I
believe, laboured to stamp Shakespeare as an attorney's clerk.† 1,226 articles of clerkship at
£80 98,080 16. General History.- Careful search in contemporary literature appears 12,594 annual certificates average (say) at
£7 88,158 very desirable, so as to ascertain the status of our profession at various periods, 600 (say) admissions at
£25 15,000 and any special habits and customs of its members, and the calendars ot State Note.--681 passed final.
papers will now yield much useful information. The causes of the unpopularity £201,238 of the profession must, of course, be examined, and the historian will deter
mine whether it is due to the “ Law being a terror to evil-doers” (a numerWhat the State does for us in return for this large sum I must leave the ous body), or to the proverbial fate of those "who interpose in quarrels,” or historian of our profession to discover. The number of annual certificates to a general spirit of parsimony or meanness. issued in the following years were :
17. Collection of Materials--(a) Bibliography.-Information on all the 1843 9,511
1860 10,229 1880 12,688 heads already mentioned requires collecting, and the compilation of a biblio1850 18,127 1870 10,576
1886 13,901 graphy of the subject is most desirable, and I trust that it will be found The number of articles of clerkship registered in the following years were :- possible to make a collection of satires, poems, and caricatures relating to the 1870 905
profession. The whole work can be most conveniently undertaken by the 8. Relation to the Bar – This branch of the subject will require careful study. society, and when the necessary materials are obtained, I hope we shall get a It
appears that in former times it was customary for barristers to advise with good history. Lastly, my thanks are due to the Commissioners of Inland out the intervention of attorneys. Thus we find in the diary of Anthony Revenue, the Registrar-General, the Deputy-Keeper of the Public Records, Stapley (a Sussex gentleman) : “1736, April 27th, John Scuit and myself Mr. Gainsford Bruce, Q.C., Mr. A. O. Smith, and particularly to Mr. T. Lane went to Counsellor Shelley's for his opinion about a recovery, and he for their kind help in the preparation of this paper, which, though somewhat told I might do it myself, and gave
him £1 1s. for long, I hope may be found not unprofitable. his fee." +
The members of the bar have always regarded solicitors
somewhat scornfully, and have already quoted the seventeenth century rule, describing us as
ministerial persons of an inferior nature.
The satirist of modern days was not much exaggerating when he described the briefless barrister as falling in love with attorney's elderly ugly daughter,” and afterwards jilting her when he became LORD COLERIDGE ON THE PROPOSED ORDER IN prosperous. It has often been observed how barristers on attaining high
COUNCIL RELATING TO CIRCUITS. judicial offices endeavour to obtain popular support by attacking solicitors Lord Coleridge has addressed the following letter to the Lord Chanceland their privileges, whilst zealously supporting their own order.
lor :-Royal Courts of Justice, June 21, 1887.-My dear Lord Chanseems to be no reason (beyond professional jealousy) why solicitors of ex cellor,-You are good enough to desire me to make any observations which perience should not be allowed to fill many offices of a semi-judicial character,
may occur to me as to the proposed Order in Council relating to the now entirely monopolized by barristers.
As you are aware, I was not present when the committee was 9. Privileges. –There is an old story of a captain in the Royal Navy who appointed to draw up the scheme for altering the circuits ; nor was I a was ordered when cruising in remote parts to send home reports on the member of, nor in any way consulted by, the committee which drew it up, manners and customs of the countries he visited. Of one nation he gave I am not, therefore, objecting to anything which I ought to accept. I this terse report : "Manners they have none, and their customs are beastly.” never saw it until it was complete, and, as you know, I at once objected to And we may truly say of our own profession : "Privileges we have none, but our
it. My objections, I am sorry to say, remain, and they are threefold. disabilities are beastly." We are termed “gentlemen by Act of Parliament," First, I object to the scheme as altogether and unnecessarily revolution. though I have failed to discover any Act giving this title. Attorneys ary. It almost, except in the instances of the Northern and North-Eastern formerly had the right to be sued only in their own court, but this is now Circuits, destroys the circuit system. What has maintained that system, abolished with the union of all the higher courts.
as we know, has been the civil business. For criminal business only a set 10. Disabilities. The heavy taxation to which we are subject has already of able and competent men will not leave London and go round the been mentioned. The Incorporated Law Society has done much to help in circuits ; and I feel sure that to destroy such places as Winchester and the removal of disabilities, and a careful perusal of the society's reports will Lewes, for example, and force all the civil suitors within seventy or eighty
miles of London (as the scheme does) to come for justice to the Strand, enough known or appreciated as it should be by the profession generally. I will destroy almost entirely the circuits which at present are concerned may mention one curious disability which formerly existed. When an with such businees. It is not an affair only or even chiefly of the profession. attorney was a defendant to an action and did not appear, the plaintiff might Important as, in my view, the profession is, it must, of course, yield if it he could be sued as a common person (Statute 2 Hen. 4, c. 8). On grievously; and certainly the strong remonstrances which have reached making satisfaction to the plaintiff, an attorney so forejudged might be Courts of the Counties Palatine of Chester, Lancaster, and Durham, and also have, no doubt, fully considered the objections of Field, J., and four
ourts local, courts and Rolls. —Special attorneys formerly practised in the change convince me that my objections are largely and widely a more des the Court of Great Sessions of Wales. I am informed by the Deputy-Keeper other judges to the course proposed when it was contemplated, I believe, of the Public Records that the rolls of all these courts have been deposited in by Lord Cairns some years ago. If you feel sure there is nothing in those the Public Record Office, but they do not appear yet to be indexed or cata- objections and that the thing can be done, I will not dispute the matter of Chancery, Durham, for the following notes : The whole of the records of I feel very strongly that it ought not. The clauses’of the Judicature Act this court (including the roll of attorneys) were removed to the Public Record
* Summary of the Law and Practice relating to Attorneys General and Special (3rd edit.). * Haydn's Dictionary of Dates (17th edit.). See also Calendar 1882, pp. 28 and 29, et seg.
+ Suss. Arch, Coll. xxiii. 69.
Shakespeare's Legal Acquirements considered by John, Lord Campbell, in a letter to Tomlin's Law Dict. (3rd edit.). John Payne Collier, Esq. (London: Murray, 1859.)
In the House of Commons this week, Mr. G. O. Morgan asked the 612
referred to in the proposed order I am confident were never intended to ated as a junior optime in 1839, and he was called to the bar at the Inner authorize so sweeping and so various a change. Lord Selborne is away Temple in Hilary Term, 1841. He became Solicitor-General of Barbadoes and Sir George Jessel is dead. I remain the only other official who con in 1847, Speaker of the General Assembly in 1861, and Chief Justice and ducted the first Judicature Act through Parliament. For centuries, under Judge of the Vice-Admiralty Court in 1874. He received the honour of the authority of two old Acts of Parliament, every county in Eogland knighthood in 1879. has had civil assizes twice a year. In thirty-four counties, I think, civil
Serjeant PETER O'BRIEN, who has been appointed Solicitor-General for
I assizes are absolutely abolished; in others they are reduced to one. cannot think this ought to be done by a majority of the judges and the been appointed Attorney-General for Ireland, was called to the bar at
Ireland, in succession to Mr. John George Gibson, Q.O., M.P., who has Lord Chancellor (I speak practically) without any consultation Dublin in 1865. He became a Queen's Counsel in 1880, and a gerjeantof the counties to be affected, and apart from the votes
at-law in 1885. He is a member of the Munster Circuit. of their representatives in the House of Uommons. All magis trates and various other officials have, for a very long period of Mr. John ATKINSON, Q.C., has been appointed a Prosecuting Counsel time, had the right to have actions brought against them for acts done in for the County and City of Dublin, in succession to Mr. Serjeant O'Brien, their office tried in their own counties. This is a right resting on statute. who has been appointed Solicitor-General for Ireland. år. Atkinson By Order in Council it is proposed absolutely to abolish all this in 34 was called to the bar at Dublin in 1865, and he became a Queen's Counsel counties, and seriously to affect it in others. I must think that privileges in 1880. He practises on the Munster Circuit. expressly created by Parliament ought not to be taken away without Parliament being first consulted. The enactment that anything, incon: & Jeffries), of Market Harborough, has been appointed a Commissioner
Mr. Edwin FORBES JEFFRIES, solicitor (of the firm of Wartnaby, Gilbert, sistent with the Judicature Acts is to be taken to be repealed will hardly to administer Oaths in the Supreme Court of Judicature. bear the strain put upon it, first, of altering the circuit system so as, in fact, to abolish it, and, next, of destroying important Parliamentary Mr. HERBERT WILLIAM LUSH WILson, barrister, has been appointed a privileges involved in the circuit system, and, I take leave to say, never in Magistrate for Herefordshire. Mr. Wilson is the second son of the Right the contemplation of Parliament as liable to be repealed by the passing of Hon. Sir Robert Lush, a judge of the Court of Appeal. He was born in the Judicature Acts. I am sure that we in the House of Commons never 1850, and he assumed the additional name of Wilson by Royal licence. dreamed of such a consequence following from the general provision Ke was educated at Westminster and at Trinity Hall, Cambridge. He above referred to.
was called to the bar at the Inner Temple in Easter Term, 1873, and he These are my objections to the proposed scheme as a whole, and to the is a member of the South-Eastern Circuit. mode of giving effect to it. In detail - which is my third head of_objection—there is much to be said. You have probably received, as I have, strong remonstrances from Brighton and other corporations against the
PARTNERSHIPS DISSOLVED. abolition of Lewes as a civil assize town. I have also received very strong remonstrances from Hampshire and the Isle of Wight against the like JOHN RICHARD BLOXHAM and John CHARLES BLOXham, solicitors abolition of Winchester. I enclose you a paper, well-reasoned, I think, (Bloxham & Son), 6, Bennett's-hill, Birmingham. June 30. The said and signed by all the leading members, Queen's counsel and others, of John Charles Bloxham having retired from practice in Birmingham. the Western Circuit pointing out the practical hardships and incon GEORGE WINCH and JAMES ARTHUR Trask, solicitors (Winch & Trask), veniences of this abolition. These are but specimens of other strong Chatham. June 30.
[Gazette, July 5. protests which have reached me from other quarters. If Parliament passses the scheme, of course we have no more to say; but it seems a little strong to pass so serious a measure, interfering with so many rights
GENERAL, and interests, really by a majority of the judges only. It is to my mind The Albany Law Journal says that Mr. David Dudley Field, at the age of no real answer to say that it must lie on the tables of the Houses before eighty-two, sails for Europe to attend a convention of the Association for it becomes law, and that they may address the Crown against it. Of the Reform and Codification of the Law of Nations, to be held at the course they may; but it is a very different thing to reject a whole scheme Guildhall, London, on the 25th of July. by address-as must be done if it is to be rejected—and to amend a scheme in committee when the scheme is part of a Bill in Parliament,
At the conclusion of the county business at the Sussex Sessions at The power of the Government is generally sufficient in both Houses to Lewes on the 27th ult., a presentation was made to Mr. G. B. Gregory, carry a scheme in block, whereas if it had to be debated in detail the who for many years represented East Sussex in Parliament of a silvermost powerful Government is obliged to give and take.
gilt cup, bearing a suitable inscription, and subscribed for by Mr. I have expressed my objections to the scheme; but I do not wish to be Gregory's former constituents. thought desirous of standing on the present system without any alteration. A correspondent of the American Law Review calls attention to the Except in Yorkshire and Lancashire and a few other counties, I quite following heading in the index to “ Beach on Contributory Negligence" agree with the authors of the scheme in thinking that three assizes in the “Darkie-stealing chickens by a." We think that investigation of the year are abundantly sufficient. I think some system of grouping not so indices to some recent English law books might be commended to this trenchant as the one proposed by the scheme, and so arranged as to give correspondent. every county or almost every county one civil assize in the year, would be unobjectionable. I think the abolition of grouping for criminal business
The "Maske of Flowers" was produced, “in celebration of the Jubilee,'. perfectly right. I was chairman of a committee which strongly recom
at Gray’s-inn Hall on Thursday afternoon, in the presence of the Duke mended this to Lord Cairns many years ago, and I am very glad to find our
and Duchess of Connaught, Princess Louise, and the Duchess of Teck. opinions entertained by so powerful a body as the judges. I am sure that The Bar Musical Society supplied the orchestra, Mr. Prendergast conductthe scheme has been most carefully and ably worked out. But I object ing. The morris dance and minuet were encored. to it as a whole; to some details of it, and to the method of carrying it The Montreal Legal News says that the Supreme Court of the United into effect, for the reasons which I have given. They are very hastily and States is about to adjourn for the summer with over a thousand cases imperfectly expressed, but time presses. "I hope you will not object to my unheard. Between three and four hundred cases are disposed of annually, making this letter public if I should think it useful to do so.-Yours so that there is work enough on hand for three years at least, and cases always very sincerely,
put on the roll now will have to take their turn at the end of that time. Let me add that I object also strongly to the Easter Circuit, as going back to the bad practice of disregarding the time when everyone else keeps
On Tuesday the Royal Assent was given by Commission to the Customs holiday, and as destroying for nine times out of ten for judges, the bar, and Inland Revenue Bill, the Consolidated Fund (No. 2) Bill, the Truro the solicitors, suitors, and everyone engaged in litigation, the whole of Bishopric and Chapter Acts Amendment Bill, Pensions (Colonial Services) the Easter Vacation.
Bill, Hyde-park Corner (Street Maintenance) Bill, and about forty rail. way, local government provisional orders, tramways, water, pier, harbour, and other Bills.
The Manchester Courier announces the death of Mr. Samuel Millner
Barton, clerk to the Manchester city justices, which took place rather LEGAL NEWS.
suddenly on Tuesday afternoon. Mr. Barton was admitted a solicitor in APPOINTMENTS.
1846, and for upwards of thirty years acted as assistant clerk to the Mr. Ernest BAGGALLAY, Q.C., M.P., who has been appointed Stipen. Megistrations at then the death of Mr. Higson, some five years ago, Mr. diary Magistrate for the borough of West Ham in succession to the late Barton was promoted to the post of clerk. Mr. John Roland Phillips, is the third son of the Right Hon. Sir Richard was educated at "Mariborough College and at a Daiwa College, Cambridge this" House should direct its u judgments to be formally notified to hide
On the 30th ult., in the House of Lords, Lord Coleridge moved~" That He was called to the bar at Lincoln's-inn in Easter Term, 1873, and he is a member of the South-Eastern Circuit. He was for a short time a revis- may be affected thereby." He said that the House of Lords bad no power ing barrister.
He was secretary to the Boston Election Commission in to enforce its own decrees, and that the parties were put to the unnecessary he has been 11. P. for the Brixton e Division Centre ambientin in Cemet, cond pressed his entire approval of the object of the noble and learned lord in prosecuting counsel to the post office at the Central Criminal Court, and judgment of the House carried into effect. The Lord Chancellora in servative interest since November, 1885.
making this motion, and it was agreed to.