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SOLICITORS' BENEVOLENT ASSOCIATION,
For the Relief of Poor and Necessitous Solicitors and Proctors in England and Wales,
and their Wives, Widows, and Families.
The FORTY-FIFTH HALF-YEARLY GENERAL MEETING of the Members of this Association will be held in the CỤTLER'S HALL, at Sheffield, on the Morning of THURSDAY NEXT, the 7th of OCTOBER, when the Board of Directors will present their Half-yearly Report and Statement of Account; Directors and Auditors will be elected for the ensuing year, and other general business transacted. The Chair will be taken at Ten o'clock a.m. precisely.
THOMAS EIFFE, Secretary. Offices of the Association, 9, Clifford's-inn, London, E.C., October 2, 1880.
COMMERCIAL UNION. ASSURANCE COM- R
SUN FIRE OFFICE.
FRANCIS B. RELTON, Secretary.
11, Lombard-street, London, E.C.
DEPUTY-CHAIRMAN-JOHN G. TALBOT, Esq., M.P.
Rt. Hon. Jobn G. Hubbard,M.P. Henry Bonham-Carter, Esg.
Frederick H. Janson, Esq. Charles Wm. Curtis, Esq.
G. J. Shaw Lefevre, Esq., M.P. Charles F. Devas, Esq.
Beaumont W. Lubbock, Esq.
Hy. John Norman, Esq.
David Powell, Jun., Esq. Thomson Hankey, Esq.
Henry Vigne, Esq. Richard M. Harvey, Esq.
MANAGER OF FIRE DEPARTMENT—F. J. Marsden.
ACTUABY AND SECRETARY-T. G. C. Browne.
£2,981,000 Total Annual Income nearly ...
£500,000 N.B.- Fire Policies which expire at Michaelmas should be renewed et the Head Office, or with the Agents, on or before tbe 14th day of October.
LAW LIFE ASSURANCE
Total Invested Assets, £1,610,000.
SPECIMENS OF BONUS ADDITIONS.
1850 1851 1855 1854 1864
37 43 35 32 31 25 35
£ 500 5,000 600
500 1,000 2,000 5,000
£ 459 10 5,060 10
399 10 369 10
623 10 1,236 0 1,741 0
G. W. BERRIDGE, Actuary.
OYAL INSURANCE COMPANY.
(LIMITED). This Company is prepared to PURCHASE or GRANT LOANS in rospect of INTERESTS under WILLS, LEASES, LIFE POLICIES, ANNUITIES, &c., whether vested or contingent.
Proposal forms, terms, &c., may be had on application at the Company's Offices, 19, NORTH JOHN-STREET, Liverpool.
В Івкв Еск
B A N K.Southampton Buildings, Chancery Lane. Current Accounts opened according to the usual practice ot other Bankers, and Interest allowed on the minimum monthly balances when not drawn below £25. No commission charged for keeping Accounts. The Bank also receivesmoney on Deposit at Three per cent Interest, repayable on demand. The Bank undertakes for its Customers, free of charge, the custody of Deeds, Writings, and other Securities and Valge ables ; the collection of Bills of Exchange, Dividends, and Coopons; and the purchase and sale of Stocks and Shares. Letters of Credit and Circular Noles issued, A Pamphlet, with full particulars, on application.
FRANCIS RAVENSCROFT, Manager, 31st March, 1880.
CITY OF LIVERPOOL.
THE City Council of Liverpool require the Services
of an ASSISTANT SOLICITOR in the Town Clerk's Office, Salary £450.
Particulars of Duties, &c., may be obtained from the Town Clerk, to whom applications, with copies of testimonials, must be sent Doé later than the 1st of October.
JOSEPH RAYNER, Town Clark, Town Clerk's Office, Liverpool, Sept. 3, 1880.
, OCTOBER 6 to 13. President-The Rt. Hon. Lord REAY, D.C.L. Presidents of Departments-(1) Jurisprudence, the Rt. Hon. The LORD ADVOCATE; (2) Education, the Rt. Hon. Lord BALFOUR of Burleigh ; (3) Health, JOHN BEDDOE, Esq., M.D., F.R.S. ; (4) Economy, šir UGHTEID J. KAY-SHUTTLEWORTH, Bart.; (5) Art, Professor W. B. RICHXOSD.
Information as to the reading of Papers, and other particulars, may be had at the Offices, 1, Adam-street, Adelphi, W.C., and City Chambers, Edinburgh.
J. L. CLIFFORD-SMITH, Assistant Secretary. 1, Adam-street, W.C.
LONDON GAZETTE (published by authority) and LONDON and
COUNTRY ADVERTISEMENT OFFICE.
direct the attention of the Legal Profession to the advantages of his long experience of upwards of thirty years, in the special inser: tion of all pro forma notices, &c., and hereby solicits their continued support.-N.B. One copy of advertisement only required, and the strictest care and promptitude assured. Official stamped forms for advertisement and file of "London Gazette" kept. By appointment.
FFICES FOR A FIRM.-An entire Building, Basement and Strong Room.-Apply to Messrs. DESEXHAU, TIF. son, FARMER, & BRIDGEWATEC, 80, Cheapside, E.C.
, , oo
AW UNION FIRE and LIFE INSURANCE
COMPANY. Chief Office-126, Chancery-lane, London, W.C. The Funds in hand and Capital subscribed amount to upwards of
£1,500,000 sterling. Chairman-JAMES CUDDON, Esq., Barrister-at-Law, Goldsmith-build
ing, Temple. Deputy-Chairman-0. PEMBERTON, Esq. (Lee & Pembertons), Solicitor
44, Lincoln's-inn-fields. Every description of Fire and Life Insurance business transacted. The Directors invite attention to the new form of Life Policy, which free from all conditions.
The Company advances Money on Mortgage of Life Interest and Reversions, whether absolute or contingent.
Prospectuses, Copies of the Directors' Report, and Annual Balance Bheet, and every information, sent post free, on application to
FRANK M'GEDY, Actuary and Secretary.
in excellent co ition, lately in the occupation of a Gas Concpany. Each suite consists of several large rooms, strong room, le. Would be let to desirable tenants at the low rent of 100 guiness per annum, including taxes. Also very large Basement to Let, suitable for storing goods.-Apply on the Premises, s3 and 34, John-street, Bedford-row, W.C.
LONDON, OCTOBER 9, 1880.
THE PROGRESS of the various election commissions illustrates the wide extent of the powers conferred upon the commissioners by the 15 & 16 Vict. c. 57, which practically renders them independent of the various maxims of the law of evidence. At Canterbury & solicitor who gave evidence raised the point of privilege upon a question tending to implicate one of his clients,
but the commissioners overruled the objection. Mr. CONTENTS.
Merewether, in opening the commission at Macclesfield, CURRENT TOPICS:
laid down the broad rule that, in such inquiries, there The Address of the President of the Incorporated Law
can be no such thing as privilege Section 6 of the Society ...... ..................
89 Evidence before the Election Commissioners ...
Act directs the commissioners to inquire “ by all such
.. 883 Bastardy Law Amendment
883 lawful means as to them shall seem best with a view to Judges and Literature .....
the discovery of the truth” as to the matters which Women as Law Copyists ........
. 884 LEADERS:
have been reported to the House. Section 7 emThe Decision in “Saffron Walden Building Society v. powers them, by summons, to require the attendance of Rayner” ....
....................... 881 The Trustee's Solicitor ......
any person whose evidence is, in their judgment, .......... 885
material to the subject-matter of the inquiry, “and (GENERAL CORESPONDENCE .... INCORPORATED LAW SOCIETY ...
to require all persons to bring before them such
.... 887 CASES OF THE WEEK :
books, papers, deeds, and writings as to such comMoir v. Paddon..
900 missioners appear necessary for arriving at the truth, Richards v. Peilo Tinplate Company, Limited ............... 900
all which persons shall attend, and shall answer all THE REGISTRATION COURTS....
questions put to them, and shall produce all books, OBITUARY ...................................................
papers, deeds, and writings required of them, and in APPOINTMENTS ...
their custody or under their control, according to the COMPANIES ................................................... 903
tenor of the summons." LAW STUDENTS' JOURNAL
Under this section there is
....... 903 COUNTY COURTS
nothing to prevent the production before the Oxford ........................... CREDITORS' CLAIMS ............
Commissioners of a copy of the letter to the Public LEGAL NEWS ...............
Orator which has caused so much discussion. By PUBLIC COMPANIES
....... 905 section 9 the witnesses can be (and in most cases they LONDON GAZETTES, &c., &c...........
are) compelled to criminate themselves, but are to be indemnified from all civil and criminal proceedings in
respect of the corrupt practices disclosed by them on CURRENT TOPICS.
receipt of a certificate from the commissioners, which
shall have made a true disclosure touching all things THE ADDRESS of the president of the Incorporated Law
as to which he was examined. By section 12 the nonSociety appears to us to be, without any exception, the best
attendance of a witness is punishable in the same way as that has yet been delivered atany provincial meeting of the
disobedience to an ordinary subpoena, and the same society. It is fresh and interesting, well expressed, and
section gives the commissioners all the powers of a lucidly arranged ; and—what is of infinitely more im.
judge of the Supreme Court in the event of a witness portance-it is pervaded by the highest moral tone.
refusing to be sworn, or to answer questions, or to pro. There have always been a large number of men in the
duce documents which are in his control, and the proprofessior, who bave acted on the principles set forth by
duction of which the commissioners deem necessary, or the president, but would they fifty years ago have
in the event of any person being “guilty of any conventured to propound them at a meeting of solicitors as
tempt of the said commissioners or their office." The the most obvious rules of action for the profession in
nearest approach we can think of to the powers of the general? We cannot help thinking that a striking commissioners are those of a Turkish Cadi. testimony is borne to the advance of the tone of the profession when the president of the Incorporated Law Society, amid the strongly-marked approbation of his THE LITTLE STATUTE of last session entitled an Act bearers, says that one clear duty of the solicitor is to to render valid certain Orders in Bastardy (43 & 44 discourage litigation, and that the solicitor of the highest Vict. c. 31) was passed in order to remedy a curious standing will be he who has the least to do with difficulty which arose under the Bastardy Laws Amendlitigation, and whose cases, where actions are necessary, ment Act, 1872 (35 & 36 Vict. C. 65), in the recent case are actions for enforcing just rights and establishing ! of Reg. v. Padbury (28 W. R. 182, L. R. 5 Q. B. D. doubtful points of important law. The historians of 127.) The Poor Law Amendment Act, 1844 17 & 8 this century will have to trace two remarkable move Vict. c. 101), provided for the making of an order of ments : one, the rapid advance in the education, status, | affiliation against the father of a bastard child, but did and standard of honour of solicitors; the other, we fear not specify the objects of the payments to be made by we must say, some decline in the standard of honour in him. The Bastardy Act, 1845 (8 & 9 Vict. c. 10), prosome portions of the bar. It is as well to speak plainly | vided, by section 1, that proceedings in matters of bastardy on a matter which is one of no small importance to the had or taken under the provisions of the preceding Act community; and, therefore, we should like to ask how should be valid and “sufficient in law," if set forth it is we hear so much more frequently than formerly the according to the form in the schedule to the Act. question put with reference to barristers in large practice The Act of 1872 repealed parts of the Act of "Is he a gentleman ?" Competition is perhaps keener 1844, but did not affect the schedule to the Act than it was, and the decline of circuit life has something of 1845; and section 4 empowered justices to make to do with the removal of restrictions ; but how is it that an order upon the putative father for payment according to the evidence before one of the Election Com. of not more than 5s. a week “ for the maintenmissions, it seems to have been contemplated in certain ance and education of the child." In the recent case events to get a barrister to make a false statement before in the Queen's Bench Division, an order had been made the judges in order to obtain the withdrawal of an elec- | under the last Act, but it was in the form given in the tion petition ? It is true that the witness said he “ did schedule to the Act of 1845, and did not provide for the not think” he would have been able to induce any application of the money by the mother of the child. counsel to make such a statement; but if the honour of Cockburn, C.J., and Manisty, J., held that the order the bar were such as it ought to be, such a thing would was bad for not specifically providing " for the main. not have been dreamt of as a possibility.
tenance and education of the child." The new statute
Fisher to state that notice of an incumbrance may provides, by section 1, that an order made under the Bastardy Laws Amendment Act, 1872, or the Bastardy be given either to trustees or to their solicitor, and Laws Amendment Act, 1873," before the passing of
that notice to the solicitor of trustees will bind them. this Act," is not to be invalid " by reason of the omission
And Mr. Cleaver now tells us that "the facts of the from such order of the words for the maintenance and
case disclose an instance of what, as regards the action of education of the said child,' or words to the like tenor or
the plaintiffs and the solicitors to the trustees, is surely & effect.”
matter of constant occurrence in the profession. According to common knowledge and reputation, a respectable
firm of solicitors act in the business of a particular trust. IT IS INTERESTING to find that the requirements of legal They are known to have acted for the testator, to have business leave time for so many of our judges to devote proved the will, to have invested money for the trustees, themselves to periodical literature. We referred last and received and paid over the interest on such inrestweek to the contribution of the Lord Chief Justice in ments, and, further, to have acted for the trustees in a the Nineteenth Century for the present month. The chancery suit, to which the testator was a party. An Contemporary Review has a contribution on “Mate- intending incumbrancer of a share in the estate applies rialism and Theology" by Mr. Justice Fry, who has also to them for information, and in their reply they state : written several articles on the Opium Trade. Mr. Justice • We are solicitors for the trustees of the late John Stephen has been a frequent contributor to magazines Hardy,' a statement which seems to have been very well and reviews; while Lord Coleridge is understood to have founded, and to savour nothing of misrepresentation. often written for the Edinburgh Review. Judicial The incumbrancer was content, under the circunstances, authorship is no novelty, for Lord Brougham, even when to serve notice of his charge on the solicitors for the on the woolsack, wrote many articles for the latter pub- trustees, as (James, L.J., to the contrary notwithstandlication; and Lord Campbell (in addition to his Lives of ing) we must continue to call them, and it is apprehended the Chancellors and Chief Justices) published a pamphlet that nine practitioners out of ten would have been con
Shakespeare's Legal Acqirements." The late Sir tent to do likewise.” The experience of our readers will, John Coleridge issued a Life of Keble; and more we doubt not, bear out this statement, and we cannot recently Sir John Byles has published “The Foundation | help thinking that if the Court of Appeal had been of Religion in the Mind and Heart of Man.” Among aware of the extent to which the practice they reprobated judges now on the bench, the Lord Chancellor has com has been carried, they would have hesitated to lay down piled a collection of hymns; Mr. Justice Denman has the doctrine which has occasioned so much discussion. written a Greek translation of Gray's Elegy, and Sir It would have been sufficient for the decision of the case Robert Collier an English translation of Demosthenes to hold that a mere verbal communication of a notice of de Coronâ. The scientific works of Mr. Justice Grove an incumbrance, made in the course of a different transare widely known, and Mr. Justice Stephen has published action, and not giving an intelligent apprehension of the two collections of essays.
fact, is not a good notice.
The important question, however, is what is the prac
tical effect of the decision, and what course should be THERE HAS BEEN a good deal of correspondence in the adopted by solicitors in view of it? As to the former Times this week suggesting the employment of women as point, it is clear, as we remarked when the report of the law copyists; but, with every wish to open up new means of case appeared, that for the future the only cases in employment for women, we fear this is great nonsense. which notice of an incumbrance can be effectually given Law copyists have to work long hours under great pres to a solicitor on behalf of trustees is where the solisure, and to work hard to get the barest subsistence, citor has been constituted the agent of the trustees and law stationers will never be persuaded that a woman to recuive notice of incumbrances. He may be so concan work as hard or as long as a man. Nor is their stituted either expressly, or impliedly by his employhandwriting such as can readily be adapted to the work. ment by the trustees to distribute the trust fund. It is stated that an apprenticeship of five years is needed As to the practical course to be taken, we have already to train boys to become efficient copyists, and the number given reasons for thinking that, to insure their validity, of writers who can get employment is very limited. We do notices of incumbrances will have henceforth to be not see why these poor people should be thrown out of served on all the trustees. No prudent solicitor will work to provide for female copyists.
trust to implication, and express authority will hardly ever be given by trustees to a solicitor to receive notice of incumbrances. Mr. Cleaver does not advert to the
point, but it may be doubted whether trustees would be THE DECISION IN SAFFRON WALDEN
justified, as between themselves and their cestui que trust, BUILDING SOCIETY v. RAYNER.
in giving such an authority. The trustee, it has often been MR. CLEAVER's well-timed and admirable paper, read at laid down, is not entitled to employ a solicitor in matters the Sheffield meeting of the Incorporated Law Society, which need no legal training or knowledge to transact. He deals with the practical results of this decision ; and, as
is not justified in unnecessarily acting by the hand of the conclusions of a solicitor of eminence and long another. If express authority is not given to the experience, deserves the careful attention of the profes solicitor to receive the notices, then, as Mr. Clearer sion. He confirms the opinion we expressed when the says, the incumbrancer must be in a position to show decision was reported as to the commonness of the prac
" that the mind of the trustee has in some way been tice which the Court of Appeal at Lincoln's-inn con
brought to an intelligent apprehension of the nature of demned. That court has on several occasions shown a
the incumbrance which has come upon the property, so tendency to decide cases without much regard to the prac.
that a reasonable man, or an ordinary man of business, tical effect of the doctrines laid down on the usage and would act upon the information and would regulate his general understanding of the profession. We pointed conduct by it in the execution of the trust” (per Lord out, as soon as the decision in Saffron Walden Building | Cairns, L.C., Lloyd v. Banks, L. R. 3 Ch. 488). Hence Society v. Rayner (28 W. R. 681) was reported, that it would seem that personal service or notices on all the the previous decision in Rickards v. Gledstanes (3 Giff. trustees of the property affected must henceforth be the 298), that notice of the assignment of a reversionary rule. interest in a trust fund given to the solicitor of the The solicitor who has properly understood the effect trustees of the fund was notice to the trustees, so as of the recent decision will be readily able to save himself to take it out of the order and disposition of the from respousibility. He will offer to act as the agent assignor, had quite naturally led text-book writers of the incumbrancer to effect personal service on the of such eminence as the late Mr. Lewin and Mr. trustees. But what will the incumbrancer say to the.
payment of the proper charges for this service? What business of the trust, but he is not justified in employwill the trustees say to the trouble of being formally ing the solicitor to transact non-legal business. For served with frequent notices of incumbrances ?
instance, an executor will not be allowed the fees of a solicitor for attending to pay premiums on policies, or attending at the bank to make transfers, or for attend
ances on proctors, auctioneers, legatees, and creditors THE TRUSTEES SOLICITOR.
(Harben v. Darby (No. 1), 28 Beav. 325). In this case I.
the solicitor who made the charges was an executor TNB Master of the Rolls said, not long ago, that the entitled under the will to charge for his professional principle that a trustee shall not make any profit from services, but it is apprehended that the principle is his office is rigidly enforced by the court, and the prin generally applicable. If necessary for the due execution ciple that while a trustee acts in the due discharge of his of the trust, the trustee or executor will be allowed the duty he is to be indemnified against all loss ought to be costs of taking the opinion of counsel (Fearns v. enforced with equal strictness (Walters v. Woodbridge,
Young, 10 Ves. 184; Poole v. Pass, 1 Beav., at p. 605). 26 W. R. 469, L. R. 7 Ch. D. 510). Lord Cottenham
" Where a trustee," said Lord Eldon in the former case, was not less strenuous in asserting the right of the
“ in the fair execution of his trust has expended trustee to be repaid his proper outlay. The first object money by reasonably and properly taking opinions and of a trust, be declared, is to indemnify those who procuring directions that are necessary for the due exeadminister it against any costs properly incurred in its cution of his trust, he is entitled, not only to his costs, administration, and trustees are entitled, without any
but also to his charges and expenses, under the head of express provision for the purpose, to make the payments
just allowances.” required to meet the necessary expenses incurred in the
It is of course a necessary condition of reimbursement execution of the trust out of the funds in their hands that these costs should have been properly incurred. Thus, belonging to the trust (see Heriot 8 Hospital v. Ro88, 12
where trustees for sale attempted a sale at a time when Cl. & F. 515; Attorney-General v. Mayor of Norwich, 2 they were not authorized to sell the property, they were My. & Cr. 424). The principle is clear enough, but its held not to have any lien for the costs of the abortive sale, application is attended with considerable difficulty. or of proceedings taken against them by a purchaser in What are costs properly incurred and necessary expenses
reference thereto (Leedham v. Chawner, 4 K. & J. in the execution of the trust ? When may the trustee's 458). In this case the sale had been attempted by the solicitor advise his client that he may safely incur legal direction of all the persons beneficially interested, some and other expenses on behalf of the trust ? We cannot of whom, however, being married women, with their pretend to supply anything like a complete answer to
shares settled to their separate use without power of these questions, but it may be useful to notice the anticipation, were unable effectually to direct a sale. principles wbich have been laid down in the numerous
These ladies, Vice-Chancellor Wood observed, had cases on this subject.
“ taken advantage of that facility which trustees so often In the first place, it is of course clearly settled that,
exhibit in consenting, at the solicitation of their cestuis although a trustee, being himself a solicitor, and trans que trust, to do acts which the latter have no power to acting the legal business of the trust, will not (in the authorize, notwithstanding the certainty that if there be absence of express authority in the instrument creating the slightest irregularity in the acts so done upon such the trust, or of a bargain made before the acceptance of solicitation, the very persons who have led them astray the office) be allowed to charge for his services, he may will be the first to turn against them and indemnify appoint another solicitor to transact such business, who
themselves at their expense.” will be entitled to make the usual legal charges (Mac Where an action is brought against a trustee in renamara v. Jones, 2 Dick. 587: see Stanes v. Parker, 9 spect of the trust estate, whether it be an action of Beav., at p. 389). That is to say, the trustee is not bound ejectment, trespass, or of any other description, and it is to afford the cestui que trust gratuitous legal assistance. defended by the trustee, not for his own benefit, but for But in saying that the trustee may appoint a solicitor it the benefit of the trust estate, he is entitled (in the is not to be understood that he can make him the solici absence of misconduct on his part) to indemnity (Walters tor of the trust estate in the sense of making the trust v. Woodbridge, 26 W. R., at p. 470, L. R. 7 Ch. D., at p. estate his client. The client of the solicitor is the trustee, 509). The fact that in defending the action the trustee and his claim for costs will be against the trustee per also defends his own character will not make the defence sonally, and not against the trust estate (Worrall v. less a defence of the trust estate ; it is impossible to split Harford, 8 Ves. 1, 8). The trustee employs and pays the defence and say that because the trustee at the same his solicitor, a_d then has to see whether he can get the time defended his own character, he is only to have a part amount he has paid allowed out of the trust funds. No of the costs (16.). A trustee or executor who is ordered to principle is more clearly settled than that a trustee pay costs in an action relating to the trust estate, which will not be allowed without question whatever sum he he has defended, is entitled to recover from the estate, thinks fit to pay to his solicitor. If he chooses to pay which he has defended, not only the costs which he has the solicitor's bill without taxation, and afterwards goes incurred to the adversary, but also the costs which he has to his cestui que trust and says, “I have allowed so paid to his own solicitor (Lovat v. Fraser, L. R. 1 Sc., at much for costs ; now pay me,” by the established rules p. 37: see also Ramsden v. Langley, 2 Vern. 536, as to of the court the cestui que trust is entitled to have the a mortgagee). reasonableness and propriety of the charges in the bill With regard to litigation undertaken by a trustee as ascertained (see the remarks of Sugden, L.C., Ir., in plaintiff on behalf of the trust estate, there is some auLangford v. Mahony, 2 Con. & L. at p. 327). The steps thority for the proposition that a trustee, before underwhich he may take for this purpose we shall hereafter taking an action for the benefit of the cestuis que trust consider.
ought to ask them to sanction it (see Peers v. Ceeley, 15 The class of business which a trustee or executor may Beav., at p. 211, as to a mortgagee). On the other hand, safely employ a solicitor to transact is ascertained by it has been said in an Irish case, that if the cestuis que the general rule that a trustee or executor is not allowed trust disapprove of litigation undertaken by the trustee to employ an agent to perform duties which by accept- they ought to inform him of their disapproval. If, ining his office he has taken upon himself (Weiss v. Dill, stead of doing so, they allow the matter to proceed, and 3 My. & K., at p. 27). Speaking generally, therefore, lead the trustee plaintiff to suppose that they do not a trustee or executor is not, in strictness, justified in disapprove of what he is doing, they cannot afterwards leaving the whole conduct of the trust or executorship turn round on the trustee, who was acting bona fide in the hands of a solicitor. He may resort to the solicitor for their interest, and repudiate all liability to costs for professional advice on legal questions arising in the Courtney v. Rumley, I. R. 6 Eq., at p. 112).
The mere fact of the trustee having been unsuccessful in litigation, either as plaintiff or defendant, will not, in the absence of misconduct, disentitle him to be reimbursed his costs (I. R. 6 Eq., at p. 106). The question
THE HACKNEY CARRIAGE ACTS. to be considered is, was the litigation reasonable and bona fide undertaken for the interest of the trust estate ? [To the Editor of the Solicitors' Journal.] If not, or if it was rendered necessary by the negligence
Sir, In a case, reported in the Times of the 29th or misconduct of the trustee, he will not be allowed his
ultimo, before the magistrate of the Westminster Policecosts (see Caffrey v. Darby, 6 Ves., at p. 497; Courtney
court, the magistrate decided, in conformity with Case v. v. Rumley, I. R. 6 Eq., at p. 106).
Storey (17 W. R. 802, L. R. 4 Ex. 319), that a cabman We have now to consider the remedies of the cestui
plying for hire at the Victoria Railway Station was not que trust who complains of the amount of the bill of the trustee's solicitor. If the trustee chooses to have the
subject to a penalty for refusing to be hired. bill taxed before paying it, he can thereby, of course,
In 13 SOLICITORS' JOURNAL, 1003, commenting on Case bind the cestui que trust as regards the reasonableness
v. Storey, you expressed dissatisfaction with the state of and propriety of the items (Langford v. Mahony, 2
things revealed by it. Con. & L., at p. 327). But if the trustee chooses to pay
It would seem from Skinner v. Usher (20 W. R. 659, his solicitor's bill without taxation, the cestui que trust
L. R. 7 Q. B. 423), which did not, however, turn on has
this question, that Oase v. Storey was regarded as still (1) A right to have the solicitor's bill referred, not to law, notwithstanding the later Hackney Carriage Act be taxed, but moderated; and on that reference the (32 & 33 Vict. c. 115). But it may be worth while to taxing master will revise the items in a way similar to consider whether this is a sound view. To arrive at & taxation, and if not proper, will disallow them to the
satisfactory result on this question it is nocessary to go trustee, and he may get back these sums from the into the matter in some detail. solicitor as he can (see the remarks of Sugden, L.C., Ir., | In Case v. Storey, which arose on & case stated by a in Langford v. Mahony, 2 Con. & L., at p. 327; Johnson metropolitan police magistrate, on a complaint preferred v. Telford, 3 Russ. 478). In more recent times, the by appellant against respondent, the driver of a cab, for reference to the taxing master has taken the form of an having, at the Great Northern Railway Station, refused inquiry, on the application of the persons beneficially to drive to a certain place, within six miles, to which he interested, to ascertain whether, as regards any particular was required to drive the appellant, the question was items which may be complained of, the bill which the treated by the court as resting on the proper construction trustee has paid his solicitor is a fair and proper bill or of 1 & 2 Will. 4, c. 22, s. 35, which enacts that " every not (see Allen v. Jarvis, L. R. 4 Ch. 616, 621).
hackney carriage standing in any street or place, and Or (2) the cestui que trust may avail himself of the having thereon any of the numbered plates required by provision in the Solicitors Act (6 & 7 Vict. c. 73, 8. 39), this Act, ..... shall, unless actually hired, be deemed that "it shall be lawful in any case in which a trustee, to be plying for hire; ..... and the driver of every executor, or administrator, has become chargeable with such hackney carriage which is not actually hired, shall any bill as aforesaid, for the Lord High Chancellor or be compellable to go with any person desirous of hiring the Master of the Rolls, if in his discretion he shall think such hackney carriage," and subjects the driver to a fit, upon the application of a party interested in the penalty for refusal; and the late Lord Chief Baron con. property out of which such trustee, executor, or adminis. sidered, first, that the carriage was not “ plying for trator may have paid, or be entitled to pay, such bill, to hire"; and, secondly, reading the expression, “ in any refer the same, and such solicitor's, or executor's, or street or place," as controlled by the language used in administrator's, or assignce's demand thereupon, to be the definition of a hackney carriage in section 4 of the taxed and settled by the proper officer of the same Act, which defines it as a carriage “ used for the High Court of Chancery, with such directions and purpose of standing or plying for hire in any public subject to such conditions as such judge shall think street or road," he considered the expression in section fit, and to make such order as such judge shall think fit, 35 as not applicable to the premises of a railway comfor the payment of what may be found due, and of the pany. Lord Justice Bramwell (then Baron Bramwell) costs of such reference, to or by such solicitor, or the considered that the section could be meant to apply only executor, administrator, or assignee of such solicitor, by to a place to which the public have right of access. or to the party making such application, having regard I now come to 32 & 33 Vict. c. 115. This Act (with to the provisions herein contained relative to applications the order of the Secretary of State under it) is now the for the like purpose by the party chargeable with such principal Act regulating hackney carriages in the mebill, so far as the same shall be applicable to such cases; tropolis. Section 4 defines “hackney carriage" to mean and in exercising such discretion as aforesaid, the said "any carriage for the conveyance of passengers which judge may take into consideration the extent and natureplies for hire within the limits of this Act, and is not of the interest of the party making the application." It å stage carriage." Section 7 enacts that "if any unwill be observed that there is no mention in this section licensed hackney . .carriage plies for hire, the owner of "special circumstances” as necessary to enable the of such carriage shall be liable to a penalty," &c.; and court to order taxation after payment of the bill; and it section 15 enacts that “all the provisions of the Acts was said by the late Master of the Rolls that a taxation relating to hackney carriages . . . in forve at the time is almost a matter of course, assuming that items of over. of the commencement of this Act, shall, subject to any charge are proved, and it is not necessary that the over alteration made therein by this Act, or by any order or charges should be such as to amount to fraud (In re Drake, regulation of the said Secretary of State made in pursu22 Beav., at p. 443 : see In re Blackmore, 13 Beav., ance of this Act, continue in force, and all such proviat p. 161). On the other hand, Lord Justice Turner laid sions of the said Acts as relate to licences granted under it down that, under the section, special circumstances those Acts, or any of them, shall, subject to any alterawould have to be shown in order to justify the order for tion as aforesaid, apply to licences granted under this taxation of a bill paid by trustees or executors. There | Act." must be either pressure or overcharge amounting to Clarke v. Stanford (19 w. R. 846. L. R. 6 Q. B. 357) fraud. It seems that if the bill contains charges which decided that section 7 of 32 & 33 Vict. c. 115 applied to no solicitor, dealing properly with his client, would
an unlicensed brougham or fly waiting for hire on the have made, this has always been considered to be fraud
premises of a railway company. This case was fol. within the meaning of the cases on this subject (Ec
lowed, apparently with reluctance, in Allen v. Tunõridge parte Dickson, 8 D. M. & G., at pp. 660, 661).
(19 W. R. 849, L. R. 6 C. P. 481).
We have, then, two clear decisions that carriages can