« PreviousContinue »
not, as it was discbarged by the liquidation, and the client been, known to the solicitor in the action, and if he bad is no longer chargeable with the bill.
been dissatisfied with the master's taxation there were well-After some further discussion,
known means of immediately and inexpensively reviewing The COURT granted a rule apon the understanding that it. He does nothing of the sort, but the master having it should not be drawn op for a fortnight.
ascertained on the 20th of May, 1879, nearly a year after Solicitors, Baker, Nairne, & Co. ; The Solicitor.
the money bad been received, that £108 was due to his
client, not one farthing is paid over. There are (Sittings in Banc before Lord COLERIDGE, C.J., LINDLEY, proceedings, there are applications, there are letters, there and LOPES, JJ.).
is a promise of payment in May, there is a promise to settle Nov. 3, 9.-Re Joel Kisch, a Solicitor.
next week in June, there is a promise of a cheque next week
in July, but from the month of May to the month of This was a rule calling upon the above-named solicitor to
November, this £108 having been ascertained by the proper show cause why he should not be struck off the rolls.
officer to be due to this gentleman's clients, every farthing The Attorney.General (Sir H. James), showed cause.
of it is retained in this gentleman's pocket. It is said that Wills, Q.C., and Murray, appeared for the Incorporated
during that time-I am not certain whether it was during Law Society."
that time at this moment, but that again is immaterial for The material facts of the case appear in the judgment of
the purposes of this inquiry-it is said at that time, or at any the court.
rate, at some time between that and the taking of these proLord COLERIDGE.-This case has been very properly
ceedings, a sum of £30 was offered by the solicitor to hisbrought before us by the Law Society, because it is, as has
client. been said, the abuse of a privilege conferred by the court, and
The Attorney-General.- That was as early as February. abused under circumstances to move one's indignation ; and that being the case, I agree with the learned counsel wbo Lord COLERIDGE.—However, the offer was repeated made the observation, that one ought to be carefully on one's | afterwards as I understand. guard that one's feeling of indignation should not mislead
The Attorney-General.-Yes, my lord. one a single step beyond the strict line of what it is just to do under these circumstances in a case of this sort. But the
Lord COLERIDGE.-After the £108 had been obtained, a facts, and as I understand the undisputed facts of this case,
sum of £30 having been offered before the taxation, was offered are shortly these, and the shortest and barest statement of
| after the taxation from the solicitor to his client, and was
declined, and the soggestion is that the solicitor thought them will, as I trust, fully justify the conclusion at which the court has arrived. It appears that in the year 1878, an
that was the real sum to which, after he had properly paid action was brought by a man and his wife for damages
| himself, the residue would amount, and to which, thereoccasioned to one of them—to the wife— by an accident, and
fore, his client should be entitled. That is the view that the a sum of £200 was recovered in that action. It seems to be
Attorney-General has presented. The facts suggest admitted that £200 was more than could reasonably have another view. It appears from this gentleman's Ownbeen expected to be retained, and that a new trial of the case,
affidavit that he has stated, and it rests upon his stateupon the ground of the damages being in excess, was inevi.
ment, that his clients had said they should be satisfied with table. That being the state of the case, the solicitor for the
£10 or £20, and the suggestion that these facts inevitably plaintiffs compromised the action, and it is admitted for the
create in one's mind is this, that this gentleman being purpose of this proceeding that the compromise is one to prepared to state, and having stated that was what his which no exception could be justly taken. $150 was paid clients had said they would be satisfied witb, was prein full of damages and costs by the defendant to the solicitor pared to give them what he was prepared to swear before the court, and that £150 was received—I take on he thought was enough, and keep the rest, whatever purpose the latest date, when I am not certain-at all events the som might be, in his own pocket. There are in October, 1878. Now, from October, 1878, when it was those two views possible of this offer of £30, and I stated to the solicitor that his bill would be required, until confess, under the whole of the circumstances of this case, the month of January, 1879, nothing was done-nothing, I hope, not uncharitably, my mind is drawn to the second that is, was done to deliver over, on the part of the solicitor, | of those views, that it was with that view the £30 was. any portion of the money he had so received to his clients ; | offered before taxation, and was offered after taxation. and in 1879, after repeated applications had been made by However, up to November nothing is done, and in Novem. the clients in person, they employed a solicitor, and the ber, 1879, the Law Society is pat in motion, and the Law solicitor in January, 1879, applied for the money and the Society proceed, and it is not, as I understand, until April bill. He desired to have the bill of costs, that the bill of or May of the present year, 1880, under the pressure of costs might be taxed and the residue paid over. Corres proceedings from the Law Society and under the pressure of pondence by telegrams, by letter, and once or twice by per | certainly what would befall him at the hands of this court so nal interview took place between the two solicitors. | if payment was not made, the £108 which had, in fact, been Nothing was, however, done until the month of March or in his pocket from May, 1879, is paid over to those persons, April. I think in the month of April the bill was delivered, 1 bis clients. Now, then, the money is received by virtue of and the compromise having been effected for £150, the bill his character, and that character is a character which is of costs for obtaining that compromise of an action in the conferred upon him by this court. This court gives him the county court which had been tried once and once only, and means of receiving the money and clothes him with the then in the county court—that is to say in the inferior character wbich he is euabled by the act of the court itself court in London-the bill of costs delivered was £155. thus to use to the injury of his client. What ought the So that the whole of the money that was obtained court under those circumstances to do? It might be said, by the compromise, and £5 more if he could get it, was pro and I am not sure there would not be very good reason posed by the solicitor to be passed into his own pocket. for saying, that in the execution of the strict Now, to that naturally, the clients objected, and an appoint rule and right of this court to vindicate its character ment was made to tax the bill before the master. The bill, in its discipline over its officers, and to compel its officers to after repeated orders for the solicitor to attend, was ulti common honesty in their dealings with those persons outside mately taxed on the 16th of May, and the allocatur of the the court who must consult them and who are led to consult master was given upon the 20th of May. £49-I think Mr. them by the character and authority with which these perMurray said £47, but I think it was £49, it is not very sons are clothed by the court--that it is due to them that material, but a sum of £47 or £49-was ascertained by the the character so abused should no longer be retained, but master as the proper amount of costs to be paid to the attor. we have considered that that is the ultimate and greatest ney, nearly one-third of the total sum recovered, and £49 for punishment that can be inflicted, and that this is a casean action tried in one of the inferior courts of the city of London although I concur with Mr. Wills in many of its features, should seem to be, on the face of it, a very sufficient amount exceedingly moving to one's mind and to one's feelings--it is to pass into the pocket of the solicitor. But whether it was a case which stops short of some of the cases that unfortusufficient or whether it was not, whether the taxation was nately are from time to time brought before us and to which what has been called severe or whether it was not, appears it is our duty to affix the ultimate penalty which lies in our to me for the purposes of this inquiry to be wholly beside the power. Under those circumstances we have come to the question. If there had been much less than this ascertained conclusion tbat the justice of the case will be satisfied by by the master's allocatur, by the master's judgment, the suspension, but it must be suspension of a serious and mode of reviewing the master's taxation is, and must have | lengthened character, and we order this gentleman to be
suspended from the practice of his profession for eighteen | barrister of five years' standing can become a solicitor by months and to pay all the costs of these proceedings.
passing an examination, while a solicitor must wait some Mr. Justice LINDLEY.-I agree for the same reasons. years after leaving his profession before he could be called Mr. Justice LOPES.—So do I.
to the bar. He considered this & gross injustice. Wills.-An entry will be made on the roll of the court. In conclusion, he was glad to say that Mr. Morton had conLord COLERIDGE.-If you please.
sented to continue to act as secretary of the society and Mr. Mason as treasurer, and he returned his thanks to the other officers and members of the committee for the kind assistance he had received from them throughout the year.
Mr. GEORGE MASON seconded the adoption of the report. SOCIETIES.
Mr. EDWARD WHITLEY, M.P., who was received with applause, said he had to congratulate the members of the society
upon the very satisfactory report they had presented to LIVERPOOL INCORPORATED LAW SOCIETY.
them. It had always been his desire in “another place". The annual meeting of the Incorporated Law Society of to further the interests of the society. Very important Bills Liverpool was held on the 3rd inst., at the Library, were likely soon to come before the Legislature. He did Union-court; the president, Mr. William Stone, in the not know one more deeply interesting than the Bankruptcy chair,
Bill. It was a very important Bill. He was upon the Mr. Charles H. Morton, honorary secretary, presented committee dealing with that Bill, and he had already brought the annual report, extracts from which we hope to give
before the committee the views of that society, and a great next week.
many of these bad been adopted more or less by the comThe PRESIDENT, afcer referring to the affairs of the
mittee. The resolutions of the committee had been referred society, said that on the subject of the Chancery of the
to the Attorney-General with the view of a Bill being introCounty Palatine of Lancaster, on hearing of the resignation
duced in the forthcoming session. A Bill had been introof Mr. Winstanley, a deputation from the society bad
duced with regard to real property; it was likely to waited on the Chancellor of the Duoby and the Vice
have an important bearing upon the interests of the profesChancellor, and had urged the appointment of a district
sion, and he should be glad to forward to the proper quarter or assistant registrar. They had admitted that there
any suggestions that the society might have to make upon were plenty of funds, but after all no deputy-registrar had
that measure. The Bill of the late Lord Chancellor been appointed, and matters still remained in the very on
had received the approval of the profession at large,
and a good many of the provisions of that measure satisfactory state in which they were at the time of Mr. Winstanley's resignation, it being impossible for the duties
would, no doubt, be incorporated in the Bill as well the
present Government. All these measures would be careof registrar to be carried out without an assistant. On the
| fully watched in the interests of the profession as well as the subject of the civil assize arrangements for Lancashire, the
public at large. He was quite sure that the views of the president stated tbat a carefully prepared report had been
legal profession were not adverse to the views of the sent to other law societies, and to the Home Secretary and the Attorney
public at large, and that they would be glad to do all in and Solicitor-Generals. This report
| their power to carry out a Bill satisfactory to the public contained a copy of the speech of Sir Henry
at large, and not merely support a Bill" which would James in the House of Commons, on the 21st of
only promote their own interests. A view was prevalent March, 1879, in which he stated that in the large
large that the profession only considered their own interests. centres, assize towns such as Liverpool and | He falt satisfied that the great bulk of the profession were Manchester, half the causes which were set down could not
| anxious to promote those measures which would be be heard owing to the want of judicial power and the defec
: most satisfactory to the public and most worktire assize arrangements, while in the smaller towns only
With regard to other measures tbat might about four per cent. were not brought to trial. The president I be brought forward. he remarked that there was considered that the fact that during the years 1879 and
a general feeling amongst the members of the pro1880 there had been but four assizes in Liverpool, was fession, as well as in the House of Commons that many of clear proof that the city required better arrangements for the the duties discharged by district registrars should be referred hearing of causes, and that the space of six months between
to judges. There was also a great feeling with regard to two assizes prevented many causes being heard, which,
the necessity of having either a continuous court in these oving to the witnesses being migratory, or for other
great centres of commerce or more frequent visits of the reasons, required to be heard without any unreasonable
judge of agsize. The great difficulty upon this point hitherto delay. The reason for not improving this state of affairs,
had been on the part of the judges themselves. The judges, given by Lord Cairns in reply to a letter written by the | from old associations. were very unwilling to chapge the late president, was that a foarth assize was not possible with
present practice. But he was convinced, and it was apparent. the existing staff of judges; while, on the other hand, in
to the profession and the public at large, that in great reply to a joint letter from the society and the Manchester
centres of commerce like Liverpool, Manchester, and Leeds, Law Association during the past year, Lord Beaconsfield
there should be more frequent assizes. The disposition of had stated his hope that when more time had been
the Legislature, he believed, was to grant this, to which given to observe the effects of recent legislation, for the pur
they were undoubtedly entitled. If that society, the pose of improviog and simplifying the law and legal
chambers of commerce, and other bodies interested in this procedure, such a step might be found unneces
question would co-operate in the matter, he should be very sary. Thus the lawyers and suitors had so far
glad to do everything in his power to promote a scheme fallen between two stools; but he still recommended
which would be of advantage to the city of Liverpool and the society to keep pushing their claims until they l the other great centres of commerce. had gained their point, and had got things put on a satis
The report was unanimously adopted. factory basis. The question of remodelling the county
A discussion took place in regard to some routine matters courts would no doubt be brought forward at the ensuing
affecting the management of the society, members of comsession of Parliament, and the whole arrangement of the
mittee were elected, and the proceedings terminated with a assizes ought to be gone into as one comprehensive scbeme.
| vote of thanks, proposed by Mr. John Yates and seconded by The committee considered that the proper mode of dealing Mr. Squarey, to the president. with the matter was to make the county courts a branch of the Sapreme Court of Judicature, baving pleadings in actions over £20; to separate the civil and criminal business now transacted at the same assizes, and to have a judge sitting continuously in Liverpool. With regard to the provisional entry 1 A new order has been issued by the Commissioner of of canses, which, after baving been found to work most satis- | Police, to the effect that all persons found " drunk and infactorily for some years, had been taken away from Liver capable" in a public thoroughfare are to be locked up and pool, he had much pleasure in saying that the committee had released when sober, their own recognizances being taken succeeded ia restoring the provisional entry by getting a role for their appearance before a magistrate. In cases where of the Supreme Court passed for that purpose. He called the persons charged fail to appear before the magistrate, the the attention of members to the unfairness of the present matter is to be reported to the commissioner, who will then arrangements as to the admission of solicitors to the bar-a decide what course is to be adopted.
18th inst., at eight p.m., in Gray's-ion ball, when Mr. A, V. LAW STUDENTS' JOURNAL. Dicey will preside. All members of the Inns of Court are
invited to attend. LAW STUDENTS' DEBATING SOCIETY. The weekly meeting of this society was held at the Law
BIRMINGHAM LAW STUDENTS' SOCIETY. Tostitution, Chancery-lane, on Tuesday evening last, at At a meeting of this society, held in the Law Library on Eeven o'clock, Mr. Spiers in the chair. The subject ap- | Tuesday, the 2nd inst., Mr. T. S. Kemp in the chair, a pointed for the evening's debate was, “Is the acquisition of debate took place on the following moot point :-“In a bill The railways by the State desirable in the interests of the of sale, dated October 24, 1879, the consideration was stated public?" and was opened in the negative by Mr. C. A. to be £560 that day paid by the mortgagee to the mortgagor ; Betts ; Messrs. Trenchard, Raymond, Barker, Bartlett, as a fact £500 only were actually paid to the mortgagor ; of the Kirk, and Bury followed on the same side ; whilst Messrs. remaining £60, £20 were paid to an auctioneer for valuation .F. D. Williams, Napier, Kains-Jackson, and R. Mossop of the debtor's effects, and $40 were retained by the mortsupported the affirmative. Mr. Betts having replied, the gagee in respect of the costs of the bill of sale and other proquestion was put to the meeting and decided in the negative fessional charges. Was the consideration for such bill of sale by 18 votes to 7 in the affirmative.
truly set forth within the meaning of the 8th section of the Bills of Sale Act, 1878?"-Credit Company v. Pott (42 L. T.
592); Re Threappleton (27 W. R. 943, L. R. 12 Ch.D. 908); UNITED LAW STUDENTS' SOCIETY. Re Haynes (28 W. R. 848 ); Re Rogers (42 L. T. 808, Article A meeting of this society was held on Monday, the 8th
in SOLICITORS' JOURNAL, Sept. 18, 1880, p. 845). The inst., at the Law Institution, Mr. C llger in the chair.
speakers in the affirmative were Messrs. O'Connor, Cochrane, The question for discussion_“Is the construction put upon
Rogers, and Barrow, and in the negative, Messrs. Gover,
Swinson, and Ludlow. The cbairman having summed up, the Partition Act, 1868, by the House of Lords in Pitt v. Jones (L. R. 5 App. Ca.), the correct one?”-was opened by
the question was put to the meeting and decided in the Mr. E. Jenks in the affirmative. Messrs. Samuel, Rosher,
affirmative. A vote of thanks to the chairman concluded the Brown, and Pickersgill argued in favour of, and Messrs.
meeting. Tillotson, Maclaren, Bartram, Hobbs, and Ball argued against, the opinion of the hop. opener. The opener
MANCHESTER LAW STUDENTS' SOCIETY, replied, and after the chairman had summed up, a division The second meeting of the society was held on Wedneswas taken, and the question decided in the afficmative by day, the 3rd inst., at the Law Library, Cross-street, in that the casting vote.
city, when, after the usual routine business, the chair was, The usual weekly meeting of this society was held on in the presence of some seventy members, afterwards taken Wednesday, the 10th inst., at Clement's-inn, Mr. Jackson by J. F. Milne, Esq., solicitor. Votes of thanks were in the chair. The motion on the paper-" That the prin. | passed to the officers (Messrs. Millar, honorary secretary, ciple of a national scheme of compulsory insurance and Marshall, honorary treasurer), and the committee for che deserves adoption "-was brought forward by Mr. Maclaren, past session, and to Mr. T. E. Hayle, a member of the who was supported by Messrs. Curtis and Collyer, and society, its congratulations were tendered upon his taking opposed by Messrs. Spence, Levey, Parsons, and Donner. the first Dauntesey Scholarship in law at the Victoria UniMr. Maclaren replied, and upon a division the motion was versity. R. M. Pankhurst, Esq., LL.D., barrister-at-law, -carried by a majority of four votes.
then delivered a lecture on “ The Law of Bankruptcy, with Suggestions for its Amendment,'' advocating most particu
larly a more complete control by creditors' committee, or GRAY'S INN MOOT SOCIETY.
court, as might be appointed, over the proceedings of The first meeting of the above society for the current term
trustees, and a greater restraint upon the discharge of debtors, was held in the hall of Gray's-inn on Thursday evening, the
and many other matters which, if introduced, would un4th inst., when the following question was argued before
doubtedly work great changes for the better. His lecture several masters of the bench, under the presidency of Monta.
was then, with his permission, criticised by Messrs. Hislop, gue Cookson, Esq., Q.C :-“ V. describing himself as the
Norton, Rycroft, the honorary secretary (Mr. Butcher), and “ freeholder of the Crown Inn," but not otherwise disclosing
the learned chairman, to which criticisms Dr. Pankhurst his name, sends his solicitor, M., to P., with a letter offering to
replied. Votes of thanks to the lecturer and chairman con. sell him the inn for £2,000. P. tells M. he is willing to buy
cluded the proceedings of a very useful and enjoyable evene at that price, and adds that he shall instruct his solicitor, N.,
ing. to settle a contract on his behalf, and that N. must also .approve the title. M., at this interview, tells P. that he will SHEFFIELD DISTRICT LAW STUDENTS' find the gross returcs of the business average at least £30 a
SOCIETY. week. Before any abstract is delivered, P., by arrangement The following is a list of the officers of the above society with M., but without the knowledge of V., enters on the for the ensuing year :-Hon. Secretary, Mr. Charles F. premises without prejudice' for three weeks, in order to Bennett, 16, Camps-lane; hon. treasurer, Mr. T. W. Hall ; test the truth of M.'s statement. He remains in possession committee-Messrs. Russell, W. F. Smith, S. A. Ashing. for six week, during which a fire occurs, destroying some old ton, Foster, and Briggs. trade-fixtures, insured by V., for which P. substitutes new The first meeting of the session was held at the Law ones. At the end of the six weeks V. dies, baving devised | Library on Tuesday, the 9th inst., under the presidency of his realty to X., and his personalty to Y., and having George Denton, Esq., when the subject for debate was as appointed Z. his sole executor, On V's death, P. quits the follows:-“ That the poliey of the present Government inn, on the ground that the returns are only £10 a week. with regard to Ireland has been eminently unsatisfactory." Five months after the will has been proved, Z., who has | The openers on the affirmative and negative sides respecreceived the proceeds of the fire policy, commences an action tively were Messrs. A. M. Wilson and J. Barber, soli. for specific performance against P., who delivers a counter- citors. The followers were, for the affirmative, Mr. Briggs, claim seeking rescission on the ground of fraud, or, in the and for the negative, Mr. W. F. Smith. Most of the other alternative, reduction of the purchase-money. What defences members present took part in the debate, and upon the quesare open to the plaintiff and defendant respectively? Howtion being put to the vote it was decided in the affirmative far ought they to prevail ? and, assuming the above facts to by a majority of three, one gentleman remaining neutral and be proved, what should the judgment be?" Mr. A. R. declining to vote. A hearty vote of thanks to the chairman Ingpen, barrister, of the Middle Temple, and Mr. E. H. and to Messrs. Wilson and Barber brought this, one of the Pickersgill, student, of the Inner Temple, appeared for the most enjoyable meetings which has been held in connection plaintiff, the defence being conducted by Mr. C. A. Russell, with the society, to a close. barrister (Gray's-inn), and Mr. G. Cave, barrister (Inner Temple). The learned president gave judgment as follows : -"The claim and counter-claim dismissed, with costs. Costs
LAW CRICKET CLUB. to follow the rule in Saner v. Bilton." There was a fair From the second annual report of this club it appears attendance of gentlemen from the several Inns of Court. The that the club is in a very prosperous condition, there next meeting of the society will take place on Thursday, the is a good balance in hand, and the number of members
has increased during the last year, the total number being of twenty-five guineas to the defendant for his attendance, DOW 164. At the annual meeting of members held at the and although all the conditions were performed, the defend Law Institution last week, Mr. G. E. Lake took the obair, ant refused to fulfil his agreement, whereby the plaintiff was and informed the members that steps were being taken by greatly injured, and was convicted on the charge to the the committee to improve the ground at Willesden-green plaintiff's damage of £10,000. The question was whether it and to make new lawn tennis courte, after which it was was possible for any counsel to enter into a binding agreehoped that the ground would be found in good order next ment at all with a client. Counsel submitted that unless season. Mr. W. Hayes was re-elected hon. sec.; Mr. E. V. | their lordships were prepared to overrule a case of the highest LOBgstaffe, hon. treasurer ; and Messrg, H. E. Gribble weight it was now firmly established that the position of and G. E. Waller, hop, auditors. A ballot for the com. counsel was this, that counsel was absolutely incapacitated mittee then took place, and the following gentlemen were from entering into any contraot with his client as to hiring elected as the committee for the year, viz :-Messre. W. for advocacy in litigation. Any such contract was absolutely Baker, E. T. Gardon, G. E. Lake, J. C. Patteson, R. C. null and void. Upon the one hand a counsel could not Ponsonby, J. E. Shaw, J. A. C. Tarner, H. T. Twynam, maintain any action for his fees, nor, on the other band, had and G. E. Waller. A vote of thanks to the chairman con
& client any remedy against the counsel either for breach of cluded the meeting.
contract. Counsel quoted the cases of Kennedy v. Browne, Swinfen v. Thesiger, Mostyn v. Mostyn, and Hobart v. Butler in support of his argument. Counsels' fee was not in. the nature of wages or salary, but au honorarium.
The LORD CHIBF JUSTICE.-As a testimony of gratitude. COUNSEL AND CLIENT.
Bewley said the same doctrine was stated in Blackstone Ix the Irish Queen's Bench Division on the 5th inst., says and all the books of authority on the sabject. Under these the Freeman's Journal, before the Lord Chief Justice, Mr. circumstances he contended the demurrer must be allowed. Justice O'Brien, and Mr. Justice Fitzgerald, the case of
Keogh, in support of the statement of claim, said Mr. Robertson v. Macdonogh came on for argument. The action
Bewley had quoted almost every case that had been decided is by Mr. Robertson, who was convicted of conspiracy at the
on the subject, except that of Mulligan v. Macdonogh, in Commission Court, against Mr. Macdonogh, Q.C., who was
which the same defendant had been in court before. One engaged to defend him, and he seeks to recover £10,000 for
marked circumstance in every well-considered authority was breach of contract on Mr. Macdonogh's part. To the state that the cases had been by counsel endeavouring to sue a ment of claim Mr. Macdonogh demurred, and the case now
client for fees, and every judge and court, in defence of the came on for argument.
honour of the bar, bad endeavoured to stamp out any attempt 4. M. Porter, Q.C., and P. Keogh, appeared for the plain
of the kind. It would be a serious matter for the bar if the tiff,
court decided here that a counsel would be at liberty to stato S. Walker, Q.C., and E. T. Bewley, appeared for the de
his own terms-large terms, far outside the case of an honorsendant.
arium—to state these terms, to put the money in his pocket, Beucley said the case came before the court on demurrer
to put on his hat, and walk away to Belfast or elsewhere. by the defendant to portion of the plaintiff's statement of
The seventh paragraph of the statement of claim brought this claim. The first paragraph stated that the plaintiff was a
case outside the case of Kennedy v. Browne, for this was a. carrier, that he was at present a prisoner, baving been con
special agreement made before the brief had been received victed on a charge of conspiracy at the last commission. Mulligan v. Macdonogh, Q.C., was the case of an The said paragraph stated the defendant was one of her ordinary fee given, and the defendant in that particular Majesty's counsel. The next material paragraph was the instance not being able to come in and attend on the case, sixth, by which the plaintiff claimed damages for breach of Mr. Mulligan thought to get back his money and £2,000 contract ander the following circumstances :-It stated the damages for losing the suit. That was an ordinary case. plaintiff Fas returned for trial by certain magistrates on a
Here there was a special contract; and defending a prisoner criminal charge to be tried at the Commission of Oyer and was very different from cases of litigation. Terminer, at Green-street, on June 8, and that that trial Porter, Q.C., followed on the same side. He said on the came on on the 14th, 15th, and 16th of June, and ended in present demurrer they started with a case, not of an ordinary a Ferdict against the plaintiff. It then stated in the seventh retainer at all, but with a case in which, before the relation paragraph that the plaintiff, by a special express contract of counsel and client was commenced, a contract was entered. with the defendant, agreed that if the defendant would into that for a certain stipulated sum of money personal: promise and agree to attend and assist with the aid of two attendance would be given to the case. In an ordinary case other counsel in the defence of the plaintiff upon and during of counsel there was no such thing as trafficking in fees; the continuance of the trial he would pay to the defendant but if it were done, and if counsel did undertake in corinstead of the hono rarium or fee, a special fee, to be named sideration of a certain stipulated fee to give his attendance by the defendant, and that the defendant thereupon agreed to a particular case, he was entirely abandoning the protecwith the plaintiff that if he should be paid as a special fee. tion which he would have if he bad treated the case as one instead of an honorarium or ordinary fee, a sum of fifty l of a mere honorarium. There was no traverse of the stateguineas with his brief and twenty-five guineas for eachment that the abandonment of the case was without any day after the first day of the trial by way of refresber, reasonable excuse whatever. His learned friends were driven instead of the usual or accustomed honorarium or to argue that at the time counsel made a special agreement fee of two guineas; and if he should pay the to attend to a particular case in consideration of a fee of ten sum of five gaineas instead of the usual or times or a hundred times the usual amount, he might receive accustomed honorarium or fee of two guineas for the fee with the intention of remaining away, and might his attendance and advice at such consultations, I remain away, and never look near the case at all. prior to or during the trial, with the other counsel, The LORD CHIEF JUSTICE.-All they rely upon is his as the defendant should direct, the defendant honour to go, and on the other hand, if he does go and is not world attend throughout the said trial with all paid, he cannot recover the fee. due and reasonable diligence, and without wilful Porter pointed out that in the reign of Henry VI., o udreasonable absence, to defend the plaintiff. It | Serjeant Yaxley was retained by Sir Robert Plumpton stated the payment of the fee, and the course of the trial, tbe for forty marks to attend the assizes at York, and bound performance of conditions precedent, and a tender of a re- himself by deed to attend, which showed that counsel could freaber on the second day of the trial, and alleged the defend. bind himself by contract. It had been said there was no ant refused to attend on the second or any subsequent day. precedent for a client's successfully suing a counsel ; the The eighth paragraph gave the cause of action in somewhat reason probably was that such a thing had never occurred different terms, but alleged the defendant by a special con- | before, as was admitted in this case, that counsel having tract agreed with the plaintiff, in consideration of a fee of made a special agreement for a special sum, broke that fifty guineas and a refresher of twenty-five guineas a day, agreement without reason. to attend throughout the trial and defend the plain | Mr. Justice FITZGERALD asked if the defendant had tiff. It then stated the plaintiff paid fifty guineas on the performed all be promised and had not been paid, could he brief; and although the defendant attended and defended have sued for it? the plaintiff on the first day of the trial, and although the Porter said he was bound to say the case of Kennedy v. trial lasted several days afterwards, and although on the Browne would then have been against him. A much stronger morning of the second day the plaintiff tendered a refresher l authority than he thought it was,
Mr. JUSTICE O'BRIEN said, supposing the defendant attended, and his client said he did not conduct the case with sufficient skill, could the plaintiff maintain an action against him ? Porter said he did not think so. If Serjeant Ballantine
WINDING-UP NOTICES.' did not go to India, according to agreement, to defend the
JOINT STOCK COMPANIES. Gaikwar of Baroda, there was no reason why he could
LIMITED IN CHANCERY. not be sued for his fees. If a contract like this could ESTON ODD FELLOWS' BUILDING COMPANY, LIMITED.--Creditors
are required, on or before Dec 3, to send their names and ad. be broken without reasonable cause and without impunity,
dresses, and the particulars of their debts or claims to John Readit opened a field for very disgraceful and scandalous immo.
man, Lackenby, nr Eston, York. Dec 17 at 11 is appointed for rality.
hearing and adjudicating upon the debts and claims Walker, Q.C., contended that no such action could lie as
FIRTI HOUSE PAPER MILLS COMPANY, LIMITED.-Creditors are re
quired, on or before Dec 3, to send their names and addresses and was now brought by the plaintiff. If a counsel neglected
the particulars of their debts or claims, to Jo Shoesmith, Halifax. to perform his duty there was always a Nemesis which would Dec 17 at 11 is appointed for hearing and adjudicating upon the attend him, first, in the shape of pecuniary loss, and, debts and claims secondly, in the censure of his own profession; and these
INOXIDATION AND PLATINUM COMPANY, LIMITED.-The M.R. has, by
an order dated July 9, appointed Trayton Pagden Child, 42 Poul. had always beer considered safeguards for a gentleman dis.
try, to be official liquidator STEAM TRAMWAYS COMPANY OF IRELAND, LIMITED.-Petition for
winding up, presented Nov 1, directed to be heard before the M.R. contract.
on Nov 13. Wilson, Cornhill, solicitor for the petitioner The Court reserved jadgment.
[Gazette, Nov. 5.) SYD ENHAM STORES, LIMITED.-The M.R, has, by an order dated
Aug 4, appointed Frederick Maynard, Queen Victoria st, to be official liquidator YARMOUTI AQUARIUM SOCIETY, LIMITED.--Petition for winding up,
presented Nov 8, directed to be heard before the M.R., on Nov
27. Duncan and Co, Bloomsbury sq, agents for Worship and *** [In last week's appointments, for Mr. Henry A. Rising, Gt Yarmouth, solicitors for the petitioners Harben, barrister, read Mr. Henry Harben, Fellows-road,
[Gazette, Nov. 9.1
UNLIMITED IN CHANCERY. Hampstead.]
BRISTOL PROVIDENT PERMANENT BENEFIT BUILDING SOCIETY.-The
M.R. has fixed Nov 15 at 11 at his chambers for the appointment Mr. EDWARD ROBERT BAYNES, solicitor, of Aylesbury, has
of an official liquidator been appointed by the Duke of Buckingham, Lord Lieutenant
[Gazette, Nov. 6.] of Backinghamshire, to the office of Clerk of the Peace for LONDON WOOD PAVEMENT COMPANY.-V.C. Bacon has fixed Nov tbat county, in succession to his partner, the late Mr. Acton 18 at 12, at 11, New sq, Lincoln's inn, for the appointment of an Tindal. Mr. Baynes was admitted a solicitor in 1838, and is
[Gazette, Nov. 9.] also clerk to the Commissioners of Taxes for the three
COUNTY PALATINE OF LANCASTER. hundreds of Ashendon, and to the Commissioners of | LIVERPOOL AND CONTINENTAL STEAMSHIP COMPANY, LIMITED.-PeLieutenancy for the county.
tition for winding up, presented Nov 3, directed to be heard before
the Vice-Chancellor at 6 Stone buildings, Lincoln's inn, on Nov 15. Mr. John NICHOLAS BENNETT, solicitor, of Plymouth, has Etty, Liverpool, solicitor for the petitioner been elected an Alderman for that borough. Mr. Bennett
[Gazette, Nov 5.] was admitted a solicitor in 1824.
Mr. JOHN BEAVIS BRINDLEY, barrister, has been ap. pointed Recorder of the Borough of Hanley. Mr. Brindley
COURT PAPERS. was called to the bar at Gray's-ion in Trinity Term, 1860, and practises on the Oxford Circuit, and at the Middlesex, Staffordshire, and Wolverhampton Sessions.
SUPREME COURT OF JUDICATURE. Mr. Justice GROVE, Mr. BARON HUDDLESTON, and Mr.
ROTA OF REGISTRARS IN ATTENDANCE ON JUSTICE BOWEN have been appointed Election Judges for
COURT OF MASTER OF TIR V.C. MALINS.
Date. the ensuing year.
ROLLS. Mr. RICHARD Mason, solicitor, of Farnham, has been ap
Monday, Nov. 15Mr. Latham Mr. King Mr. Koe
Tuesday ...... 16 pointed Registrar of the Farnham and Aldershot County
Koe Courts (Circuit No. 45), on the resignation of his partner,
Merivale Clowes Mr. William Jacob Hollest, who is also clerk to the Coma
Koe missioners of Taxes. Mr. Mason was admitted a solicitor
Saturday .... 20 Leach Merivale
Clowes in 1854, and is also clerk to the l'arnbam Board and to the
V. C. Bacon. V.C. HALL. county magistrates.
Fre. Mr. J. VERNON MUSGRAVE, of Albert-buildings, Queen
Monday, Nov. 15Mr. Farrer Mr. Cobby Mr. Pemberton
Tuesday ...... 16 Teesdale Jackson Victoria-street, E.O., has been appointed Commissioner to take
Ward Wednesday.... Farrer Cobby
Pemberton Affidavits for the Supreme Courts of South Australia, the
| Thursday .... 18
Teesdale Jackson Ward Colony of Victoria and New Zealand, Commissioner to take | Friday.....
Pemberton Affidavits and Acknowledgments of Married Women for the Saturday .... Teesdale Jackson Ward Superior Courts of Western Australia, and Commissioner to take Affidavits and to examine Witnesses for the Supreme Court of the Colony of the Cape of Good Hope,
SALES OF ENSUING WEEK. Mr. FRANCIS WILLIAM ROWSELL, barrister, C.B., has Nov. 16.-Messrs. DEBENHAM, TEWSON, FARMER, & BRIDGEbeen created a Companion of the Order of St. Michael and WATER, at 2 p.m., Freehold Property (see advertisement, St. George, in recognition of his public services in the Island of Malta. Mr. Rowsell was called to the bar at the Nov. 16. -Mr. C. E. NORTON, at Upper Norwood, Freehold Middle Temple in Trinity Term, 1862. He was formerly a
and Leasehold Properties (see advertisement, No. 6, p. 15.) member of the Home Circuit, and he was for several years
Nov. 17.-Messrs. BEAL & Son, at York Town, Surrey, FreeRegistrar of Contracts at the Admiralty. He was ap
hold Building Land, &c. (see advertisement, Nov. 6, p. 14.)
Nov. 17.-Mr. WALTER KNIGHT, at the Masons' Hall Tavern, pointed British Commissioner of the Daira Lands in Egypt
Basinghall-street, Hotel Property (see advertisement, this in 1878, and he was shortly afterwards created a Civil
week, p. 4.) Companion of the Order of the Bath.
Nov. 6, p.
DISSOLUTIONS OF PARTNERSHIPS. SAMUEL GOODING, and GARROD BENNETT, solicitors, Ipswich (Garrod, Bennett, & Gooding). Sept. 8.
WILLIAM SAVERY, and CROMPTON CHAMBERS, solicitors, Trinity-street, Hastings (Savery & Chambers). Oct. 14.
(Gazette, Oct. 29, 1880.)
FRIDAY, Nov. 5, 1830.
Under the Bankruptcy Act, 1869.
To Surrender in London,
F W , Cornwall rd, yswater. Pet Nov 2. Murray.