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securities. Afterwards they presented a liquidation petition, Instead of proving against the joint estate and receiving and the bankers, instead of proving against the joint estate, and dividends therefrom in respect of the balance of their receiving dividends therefrom, realized the securities held on
debt, the said bank realized the securities held by them on the separate estate, and satisfied their whole debt. Held, that the separate estate of J. K. H., sen., was entitled
the separate estate of J. K. Hooper, the elder, ag bereinto be recouped out of the joint estate the amount applied in
before stated, by arrangement between tbe bank and the payment of the joint debt.
trustee, sugh property, when sold by avotion, having This was an application on behalf of Mrs. Ann E. Hooper, 1 On the 30th of July, 1880, the bank finally made up
realized as net proceeds the sum of £9,779 3. 7d, widow, for an order declaring that the separate creditors of
their account against their debtors, and at this time J. K. Hooper, the elder, had a right of proof against the joint
the interest amounted to £1,408 138. 11d. as before stated, estate of the debtors, Messrs. Hooper & Hooper, in respect
making a balance claimed by the said bank of £9,531 108. of the sum of £9,531, or for an alternative order declaring
This sum was paid out of the proceeds of the said separate. that such separate creditors were entitled to all the rights
security, and thereby the whole of the claim of the bank, and remedies, by way of proof or otherwise, that Messrs. Smith, Payne, & Smith, bankers, bad against the joint estate,
including interest subsequent to the appointment of the
trustee, became satisfied. The balance of the proceeds of and for a further order declaring that the joint estate was
the separate security-viz., £247 13s. 70.-was carried to bound to contribute to the payment of the claim of the bank
the separate estate of John K. Hooper, the elder. Under primarily due and owing from the joint estate, but wbich had been paid by the separate estate to the extent of £9,531,
the above circumstances, the separate estate of J. K. Hooper, and for a further or alternative order declaring that the
the elder, contributed to the payment of claims in respect
of which the bank were entitled to retain their said secu. separate creditors were entitled to be indemnified by the
rities, and which were due from the partnership or joint joint estate to the extent that the joint estate bad been re
estate the sum of £9,531 103., and the joint estate was lieved from proof or payment of dividends by the said pay
thereby relieved from all the proofs which the bank, had ment of £9,531.
it so pleased, might bare brought against it. The joint The following is the agreed statement of facts: Prior to December, 1877, Messrs. John K. Hooper and
estate, although liable for the debt to the bank, bas paid no John K. Hooper, the younger, carried on business in partner.
dividend whatever in respect of the said debt. On the 27th
f. 1 day of November, 1878, a dividend of 25. 6d. in the pound ship, in London, as wholesale wine and spirit merchants, as
| on the joint estate was duly declared and paid to the Richard Hooper & Sons, and also at Oporto, in Portugal, as
joint creditors of the debtors other than the bank, and on port wine shippers, as Hooper Brothers. During the course of their business, and up to December, 1877, Messrs. Richard
the 5th day of May, 1880, a further dividend of 2s. 6d. in the Hooper & Sons banked with the firm of Messrs. mith
pound was declared and paid to the joint creditors of the
debtors other than the said bank. The amount of sach Payne, & Smith's, of Lombard-street, and became indebted
two dividends on the sum of £9,531 108. is £2,382 17s.6d. to them in a very large suin of money.
The joint estate will probably yield a further dividend of In or about the months of November or December, 1875,
1s. 6. in the pound. Messrs. Richard Hooper & Sons borrowed a sum of £5,000 from the bank, and John K. Hooper, the elder, deposited
Jeune, in support of the application.—The separate estate with the bank the title deeds of certain property called New
having contributed about £9,000 in relief to the joint estate, lands, wbich belonged to him separately, as collateral security
the creditors of the separate estate are entitled to be re
couped the amount out of the joint estate. This is not the for tha due payment, by his firm, of the said loan with
case of partners proving against the joint estate in compeinterest, and also all other moneys in respect of which the said Messrs. Richard Hooper & Sons might be at any time
tition with the joint creditors. The principle is this, that liable to the said bank on any account whatsoever.
where one estate has paid debts or expenses which ought to
The memorandum of deposit was dated the 6th of December,
be borne by the other, the amount so paid will be ordered 1875.
to be refunded by the latter to the former estate : Lindley Messrs. Richard Hooper & Sons became indebted to
on Partnersbip, vol. 2, p. 1,201, and the cases there cited.
In Ex parte Rutherford (1 Rcse, 201), Lord Eldon decided the bank, and from time to time deposited with the bank
that under a separate commission the separate estate was various securities belonging to the partnership, consisting,
entitled to be reimbursed out of the joint estate expenses among other things, of bills of exchange and wine warrants
iocurred in recovering property for the benefit of the joint to a very large amount in value.
creditors. Ex parte Read (2 Rose, 84) is very much in point. On the 14th of December, 1877, Messrs. Richard Hooper
The present is a case in wbicb, by reason of extraneous & Sons filed, in the London Bankruptcy Court, a petition for the liquidation of their affairs by arrangement or
circumstances, the separate estate has contributed to the
joint estate. A partner cannot prove in competition with composition with their creditors, under wbich petition a
| the joint estate, because he is part of the joint estate, but here resolution that tbeir affairs should be liquidated by arrange
there is no competition, merely substitution. (2) I am en. ment and not iu bankruptoy was doly passed and titled to prove on the principle of marsballing, which applies registered, and Mr. James Waddell, chartered accountant, 1 to this case. (3) As'surety, I am entitled to all the rights and was duly appointed trustee, with a committee of inspec- remedies wbich ihe creditor had against the principal debtor; tion, and the said Mr. James Waddell thereby became
James Waddell thereby became and I am entitled to be in the same position as if the creditor trustee of both the joint and separate estates. At the time bad taken the money from the joint" estate. The bank had of the appointment of the trustee, the partnersbip or no right to injure a separate creditor by having recourse to joint estate was indebted to the bank in the sum of the separate estate without going against the joint estate. £29,143 78. 100., and on the 30th of July, 1880, when the McCall, for the creditors of the joint estate. This is said bank closed the account, the interest upon such soms really an attempt by tbe applicant to prove in competition amounted to £1,408 138. 11d., making a total of with the other creditors. The bank has realized £9,500 £30,552 lg. 9d.
out of securities, for which proof might have been made At the time of the appointment of the trastee Mrs. Ann against the joint estate, and the applicant can have no E. Hooper, widow, was a creditor upon the joint estate higher right tban Hooper senior himself bad. A partner for £27,752 198. 11d., and upon the separate estate of cannot prove against a joint estate in competition with the J. K. Hooper, the elder, for £7,966, and bas doly proved otber creditors. After the joint oreditors bave been satisboth her said debtg.
fied, the surplus is no doubt distributable amongst the The bank bave not proved their said debts or any part partners; but here there is no surplus. thereof against the joint estate or at all, por bave they re- | Mr. REGISTRAR BROCGHAM referred to Ex parte Dunlop ceived any dividend in respect thereof. After the appoint- (28 L. T. 147). ment of the trustee the bank proceeded as and when they McCall.-That case is not to be found in the text-books. thought fit to realize the various securities held by them, J. Linklater, for the trustee. and realized securities belonging to the joint estate of the Mr. REGISTRAR BROUGHAM said that in Ex parts Dunlop nature before referred to, to the extent of £20,734 118. 9d. 1 it was decided by tbe late Mr. Commissioner Evabs to The balance of the securities belonging to the joint estate the separate estate of a member of a partnership firm was still unrealized by them, consisting of wine warrants and
entitled to be recouped out of tbe joint estate for the claims on bills, is estimated to realize £286. The value,
benefit of the separate creditors whatever amount of such therefore, of the whole of the joint securities beld by thé !
la by the separate estate has been applied in payment of the joint bank has been taken by them at the total of £21,020 115.9d. debts of the firm. In that case the facts were on
with those in the present. It was not a case of competi- be re-elected, but no very sufficient explanation had been retion with the other creditors. The bank had a right ceived with regard to the other gentlemen. If they were against the joint estate, and might have realized the joint influential and useful in other places, they should attend the seoorities without giving any credit for the security held council meetings that their utility might be of advantage to on the separate estate. He thought the case fell within the society. Otherwise he was unable to comprehend how Ex parte Dunlop, and an order must be made, following they were of any agsistance. the decision in that case, for be could not find from the file Mr. PARKER did not ask the question from any wish to of proceedings that any order had been drawn op.
throw any reflection upon the council, and fully recognized Solicitors for the applicant, Gedge & Co.
the able and valuable services they gratoitously gave to the Solicitors for the respondents and for the trustee, Loxlèy society; but he thought they ought to elect, when they had Morley.
the opportunity, gentlemen who were able to give their attendance, rather than gentlemen who were prevented, from whatever cause, from taking their fair share of the work. He
drew a wide distinction between the case of those residing SOCIETIES.
in the country and those practising in London. It was doubtless a great advantage to be represented, for instance, in
such a town as Manchester. INCORPORATED LAW SOCIETY.
The number of gentlemen proposed being greater than the The annual meeting of the Incorporated Law Society, number of vacancies, the CHAIRMAN stated that an election U.K., was held in the society's hall, Chancery-lane, on
by ballot was necessary, and scrutipeers having been Friday, the 8th inst., Mr. J. Moxox CLABON occupying the appointed, Thursday, the 4th of August, was fixed for a chair.
general meeting to receive their report. Mr. C. C. Druce was unanimously elected president, and
Mr. A. G. Parson, Mr. C. P. Williams, and Mr. J. H. Mr. Paino vice-president, for the ensuing year.
Schroder were re-elected auditors. Ten members of the council went out of office under the The CHAIRMAN moved the adoption of the balance-sheet, bye-laws, but the whole of them offered themselves for re which was seconded by Mr. Druce. election, with the exception of Mr. Thomas Plews, whose Mr. HANHART remarked that nothing appeared in the retirement the council stated in their report they much re balance-sheet with respect to the rent paid by a society gretted. He had devoted much time to the consideration of known as “The Law Club," which occupied a part of the the best mode of amending the law of bankruptcy, and his society's building. He saw that bye-law 37 gave the council extensive and accurate knowledge on the subject rendered bis power to apportion a part of the building as club-rooms; services of the greatest importance.
but it appeared to him that they ought to be open to the The names of thirteen candidates had been received for whole of the members. election to the Vacancies, but, at the commencement of the Mr. JOHN NICHOLLS wished to know the cost of the meeting, Sir GABRIEL GOLDNEY, Bart., M.P., withdrew tbe Calendar of the society. He saw that the subscriptions with nomination of Mr. F. Hastings Goldney, of Chippenbam, | regard to it amounted to £56. Wilts, as he understood it was the custom to fill up | Mr. LAKE (as cbairman of the Financial Committee) said any seat vacated by a City solicitor from the profession in
that the question of the club had been frequently brought London.
forward at the annual meetings, and on every occasion the The twelve names remainiog were then propused and se action of the council had been approved by the society. It conded by gentlemen in the room.
would not be convenient to discuss at this meeting the advan. The CHAIRMAN, in reply to Mr. F. R. PARKER, stated that tages or otherwise of having the club, or the arrangements the reason Mr. Bell, who offered himself for re-election, had | under which it was instituted. If the views of the majority not attended any meetings during the year was that he had of the members had changed, and it was thought desirable suffered from iil-health.
to reconsider the matter, & formal notice of motion with Mr. N. HANHART said that Mr. Plews had not been present respect to it should be given. The accounts with reference at any of the meetings.
to the Calendar would appear in next year's balance-sheet, Mr. WALTERS remarked that these gentlemen had been of as it was thought desirable to get all the receipts in one great uso to the members in past times, and that Mr. Bell | account. He might say that the expense would be very ad served them as president.
nearly, if not quite, covered, and that expense bad, of course, The CHAIRMAN, in answer to an observation from Mr. | been much heavier in this, the first year of publication, than DANHART that Mr. R. Nicholson, who also retired at this would be the case in any subsequent year. meeting, had not attended more than one-fourth of the meet- The CHAIRMAN remarked that as regarded the club-of rings, stated that that gentleman bad been ill during the whole
which he was not a member-without at all wishing to deof the year.
tract from its usefulness to the society, he thought it would Mr. E. KIMBER remarked that Mr. Thomas Marshall, | be more convenient if the rooms were appropriated to the who was a candidate for re-election, had only attended three
general use of the members as refreshment rooms, particularly meetings.
in view of the approaching completion of the new Law The CHAIRMAN said that allowance must be made for
| Courts. This, however, was a question which required very members of the council who resided in the country. Mr. | careful discussion after very ample notice. Marshall was one of the secretaries of the Associated The motion for the adoption of the balance sheet was then Provincial Law Societies, and was of great service to the
Societies, and was of great service to the put and carried unanimously. society and the profession in that capacity. The council re The CHAIRMAN next moved the adoption of the report. cognized the great advantage of being in active communica
He said : There are one or two matters I wish to mention, tion with one of the secretaries of that body.
because they are rather supplementary to the report, and havo Mr. KIMBER wished to know if it was correct that Mr. in fact taken place since it was printed. First, as to the M. Bateson Wood, a retiring member, had not attended & Solicitors' Remuneration Bill. The report has told you that single meeting ?
it is a Bill under which the Lord Chancellor, the Lord Chief Mr. Dodds said that no one could be more active or do Justice of the Queen's Bench, the Master of the Rolls, and, more for the benefit of the society than Mr. Wood. He was as it now stands, the president of this society, and the presipresident of the Manchester Law Society at the time of the dent of one of the country law societies, to be appointed by Incorporated Law Society's visit, and did his best to make the Lord Chancellor, will be the tribunal to fram, a scale of their visit pleasant and profitable.
costs in pon-contentious matters, and ibat tribunal, wbich Mr. HANHART thongbt the council would do well to re would have two solicitors out of the five upon it, must submit cognize that there was a strong feeling that all was not as it what they want to do to the council of the society, and we shall should be, and that the members had a strong interest in have a month in which to consider it. The Bill went through discussing wbat had been done during the year. Tbe list of the House of Lords. It bas been amended in the House of attendances of the council which bad been circulated amongst
Commons by adding the fifth member, the president of one the members was a very good guide as to whom they should of the provincial law societies; it has passed through Comre-elect. If satisfactory explanations of the non-attendances
mittee, and Mr. Dodds bas done great service to us in helping were forthcoming they would, of course, be happy to re-elect it on, and I hope it will be read a third time and that you these gentlemen. If Mr. Bell had done the society good will shortly see it receive the Royal assent. The next matter service in former years, it was perfectly just that he should relates to the committee appointed by the Lord Chancellor with reference to legal procedure, and you will all remember andience of solicitors at quarter sessions, although of conthat we have had two extraordinary meetings, at the last of siderable importance, had better be postponed, as it would which a pledge was given by myself that when the report be likely to impede the progress of the larger measures inof the committee was made public it should be circulated volved. The council should give some promise that they amongst tbe members of the society, and we would confirm would bring the subject forward early in the next session, the appointment of an outside committee of members of the and members should not be left with the notion that the society, not being members of the council, for considering the matter might never be taken up again. The matter was. report. I have called upon the secretary to the Lord Chan- one of great moment to solicitors practising in the country. cellor and have learnt that the report has been signed and has He was of opinion that five of the retiring members of the been sent to the judges confidentially for their consideration. council should not be eligible for re-election until at least Up to the present moment it has not been returned from twelve months bad elapsed. The retiring members were tben. You will all have seen that some weeks ago, in the always re-elected en bloc, and it was not possible for outside House of Commons, the Attorney-General was asked a ques. members to get elected apon it. He gave notice that he tion with reference to laying the report upon the table, and would bring a motion forward to this effect at the next he said he saw no ohjection, but at the present time it has general meeting. He also suggested that a list of the attend. not been made public. It is just possible it may never be ances of the council should accompany the voting papers at made public at all. I do not blame anyone for that; but we any contested election, and gave notice of motion to this think the jndges may be just now considering wbat they will effect at the next general meeting. do in consequence of that report, and one of these days rules
Mr. KIMBER congratulated the meeting upon what he may be promulgated in consequence of their deliberations.
considered to be the best report ever issued by the council. The members of the society may, therefore, never have the opportunity of giving tbe report that consideration which the
There were, however, several matters which required dig. extraordinary meetings thought necessary. I suggest to you
cussion in the interest of the profession and the pablic. Ha wbether you would like to appoint a committee to-day to
had heard with great gratification that the Legal Procedare make suggestions to the judges or to the Lord Chancellor as
Committee were about to report, but had been astounded to tbe amendments you consider necessary in legal procedure.
to hear to-day that tbe report was not likely to be made
public. Here was a document which had been prepared The report tells you how anxious the council have been as to the accommodation in the courts. We have seen Mr.
by a committee appointed by the Lord Chancellor, a com. Street, and we have seen model courts fitted up for our inspec
mittee of eminent lawyers, and numerous questions had tion. The first and grand point is to get rid of that borrid | been asked in the House of Commons upon the subjeot. " well," and the next to have a table reaching the whole
the answer always being that the committee were about length of the seats for the Queen's Counsel. A letter was
to make a report. What would be said in the House of sent to the Lord Chancellor, which has followed Mr. Street on
Commons when they heard that it was not to be made to the Continent. I have heard from him and we are to see public ? bim cirectly he comes back, and I hope we sball be able to The CHAIRMAN observed that he had only stated bisobtain proper accommodation for solicitors.
opinion. He had no authority for saying the report would Mr. DRUCE seconded the motion.
not be published. Mr. (. FORD bad seldom read a more satisfactory report | M. KIMBER asked whether any members of the society than the present, and the society had not hesitated to deal
believed at that moment that it would be published ? The . with sulj cts which had concerned both the solicitors and the
judges, he supposed, would make rules by which the barii-ters. The report made no reference to the Limitation
whole of the administration of justice would be regulated, of A tions Bill at present before Parliament, but they might
and by wbich solioitors would have to be bound, and get be toid ibat it was not likely to become law during the pre
they were denied an opportunity of discussing the report. sent session. He would be glad to know whether the case
He thought the report one of the most important documents referred to in the report under the heading, “Unqualified Practitioners-Debt Collector's Charges," was the case of
that was ever compiled, and if the committee had been Re Hunt, an accountant practising in the City of London ?
acting accurately and had considered the saggestions wbich The CHAIRMAN stated that the secretary bad informed him
had been made to them by those engaged in the administra. that that was not the case referred to.
tion of justice, why should they be afraid of letting such Mr. DALTON MILLER hoped that future editions of the
a society as the Incorporated Law Society know something Calerdar would contain a list of the members of the council,
of what they intended to do? The report of the council with the dates of their election to the council, and a list of
stated that they agsented with pleasure to the appointtheir attendances at meetings. The report appeared to
ment of an outside committee, which they suggested should show that an arrangement had been come to with the Inns
consist of some of the members who had taken part in the of Court by which a gentleman was to be entitled to be
debates at the special meetings. Mr. Kimber then referred called to the bar after baving ceased to be a solicitor for twelve
to the case of Re Empress Engineering Company, as to wbich months, and having kept four terms and passed the bar final
be liad given notice to move a resolution, the decision in examination. He suggested that the council sbould con
which he stated affected solicitors' costs, and seriously sider the desirability of getting rid of the words in the
gbook the confidence of the public in commercial entep report suggestiog that the preliminary examination of the
prize. He would not trouble the meeting with the other society should exempt from the bar preliminary examination
matter of which he had given notice, which was reported before it was adopted. He thongbt ihat as the Inns of Court
in the SOLICITORS' JOURNAL of the 4th of June last, p. 584, had yielded so far they might be induced to go a little far
and wbich seriously damaged the securities of building ther. At any rate before this was settled the opinion of
societies and mortgagees of freehold and leasehold property, non-members should be takep concerning it. With refer.
because the matter had already been dealt with in that ence to the Solicitors' Remuneration Bill, and the scale for journal. He was of opinion that the society, baving gone non-contentious business, the council should remember that the
80 far as they had with respect to the call of solicitors to members of the society were not all conveyancers, and that
the bar, would not be aoting prodently in accepting the though it might be of great importance to conveyancers,
offer which had been made by the Ions of Court. The some action was necessary with regard to the contentious part counoil appeared to think differently, for, according to the of professional business, with the object that solicitors should report, “a doubt, however, aroge whether, under the possess the same right of contracting for their remuneration resolation, a solicitor would be required to pass the bar which was enjoyed by those engaged in other duties. Sub-sec. preliminary examination before admission as a student, tion 11 of the Act of 1870, wbich Act left the solicitor free and the council therefore again communicated with the to make an agreement with his client, had rendered its pro benchers, suggesting that the bar preliminary examination visions entirely useless, for in practice it was found impos. | should not be required of any solicitor who had passed the sible to enter into an agreement with a client when it was preliminary examination, beld by this institution, in its coupled with so many conditions. If a solicitor made an entirety," Many solicitors bad passed examinations which agreement with a client that bis remuneration should depend exempted them from the preliminary examination, and he upon the success of his efforts, such as, for instance, in the boped they would not be compelled by the bar to pass that collection of a debt, that agreement was totally void. The particular examination, but tbat those they bad already report stated in regard to the Bill prepared by the council passed would be accepted in lieu of it. The report also stated concerning the audience of solicitors that the council the desire of the council to keep up the standard of the came to the conclusion that the question as to the l education of the profession, but he was of opinion that *
ought to be very much raised. He believed that if stepped in, a petition in bankruptcy was filed, and the the Government were properly approached, they would be creditor got an infinitesimal amount in the pound, whereas, ready to assist the solicitors, and much of the taxation that if time were allowed them, the debtors took every opporpressed so heavily upon them would be reduced. He looked tunity of settling with tbeir creditors. The report also conupon the £80 stamp daty upon articles of clerkship, and the tained the following paragraph :-“It bas been suggested £40 payable on admission, as taxes upon education, which tbat pleadings should be abolished, but the council are of ought to be reduced, if not abolished. The council had pro- opinion that, although there may be instances in which posed, with respect to the remuneration of solicitors, that pleadings could be dispeased with, yet in the majority of the solicitor should be empowered to name a fee for his contentious cases the result of not ascertaining, by means of services, and, in the event of the client demurring, that the pleadings, the issues to be tried, would be to increase greatly taxing master should decide as to its reasonableness. He did the expense of preparing for trial.” He felt that they ought not altogether object to that, but thought that the taxing to be grateful to the council for opposing any attempt to get master should not always be a barrister, such as was the rid of pleadings entirely; for solicitors could imagine what the case, for instance, in the common law division. It was expense would be like if they had to go into court without absurd to suppose that these gentlemen, however learned or knowing wbat the plaintiff intended to prove, or what de distinguished they might be in the other branch of the pro- fence the defendant would set up. fession, could properly comprehend the services of the
Mr. RICHARDSON remarked that the report reflected great solicitors. If the taxing master was to be placed in the credit on the council for the work done, and upon tbe secreposition referred to his decision ought to be given without the tary for the conciseness, clearness, and fulness with wbich requirement of a fee. The complaints of the public against it was compiled. With the greatest possible respect to the the administration of the law were not caused by the fees of the
learned gentlemen who delivered the lectures he could not solicitor, but by the large sums paid by him in court fees. help thinking that it would be desirable for the council to It was the duty of solicitors to protest against the £5 stamp consider whether it would not be advisable that they should which had to be paid before an appointment could be be delivered by solicitors rather than by gentlemen belongobtained before the official referee. It was most iniquitous
ing to the other branch of the profession. The great objec. that justice should be taxed in that way, and that a higher
tion he found to the lecturers was that they dealt so much fee should be asked for administeriog justice by an inferior with the theory of the law, at times going into very minute tribunal to that required by the Court of Chancery. He
| details and the splitting of straws, and he was of opinion asked what reason there was for taxing a petition in bank
| that the students would be more usefully occupied in listenruptcy with a £5 stamp? It seemed to bim to be most un- ing to dissertations by gentlemen learned in the practice of just, and if properly pressed home to the Legislature it would the law which they would have to follow, than by hearing be remedied.
the no doubt able observations of theorisers. He had joined Mr. J. W. PROUDFOOT was in favour of doubling the stamp the society more particularly becaase he thought it would duty upon articles of clerkship, rather than of reducing it. He issue certaio rules for tbe guidance of its members, and he was sure there were a great many more in the profession than thought it would be well if the council would advise them on could ever bope to make a livelihood. He could never under such matters as one that had recently come before him in stand why the duty was reduced from £120 to £80, unless the course of his practice, when a bill of sale was brought it was that the profession might be crowded to a greater to him to attest which he found had not been prepared by degree even than had formerly been the case. Tbe duty | a solicitor, and he had, therefore, declined to do so. As reupon solicitors' certificates stood in more need of being reduced. garded the remuneration of solicitors the law appeared to be At these meetings, there had always arisen these discussions | in a very unsettled condition, for the Act of 1870 simply on the subject of the transfer of solicitors to the bar, and he | stated that a client might agree in writing with a solicitor as did not see why a young man who thought he could do to the remuneration, but it did not say that a verbal agreebetter at the bar should not take the usual course and go to ment would be void. As a young practitioner he occasionthe bar, as if he had been a student in the usual way, and bad ally went to the county courts, and he found that he was never come to the solicitor branch of the profession at all. expected to wear a wig and gown or else sit in one of the A solicitor who had been in practice for five years should, in back seats. Tbis was a trifling matter, but he would suggest his opinion, be permitted to go to the bar without passing to the council that it was worthy of some consideration by an examination. But who were the solicitors who had been them. successful who would go to the bar ? They would see them Mr. HANHART cordially agreed with the speakers who trying to conduct their cases in the presence of the members of had expressed their satisfaction with the report, but with the bar, and liable to be snapped up by some young barrister regard to the paragraph beaded “ Taxation of Costs under scarcely old enough to be their grandchild. The opportunity the Lands Clauses Consolidation Act," which referred to the given of transfer to the bar would not be appreciated by one arbitration case of the Bristol Sanitary Authority and Messrs. solicitor in a thousand. With regard to the trial of causes, Bush, some of the members were of opinion that the prowhich was in a very unsatisfactory condition, he observed that, ceedings taken by the council were in favour of certain although a solicitor might have taken the greatest pains with a practitioners. It appeared to be a matter in which the case, and been careful to bring every point before the advo clients and the solicitors were personally concerned, and cate he bad selected to conduct it, and paid him a heavy fee there seemed to be no reason why the council should take for so doing, yet when the case came on, the chances were that it up and spend the money of the members in deciding a the brief bad been handed to a gentleman who know nothing question which was pertinent only to the parties concerned. whatever abont the matter, and who bad, perhaps, never even He would be glad to kuow upon what principle the council opened the brief. Everyone knew that it was a matter of bad interfered in this case, and whether they were prepared impossibility for a barrister with a large business to attend
to take up every case in which solicitors thought they were to every case which was given to him, and he could not be unjustly dealt with by the taxing masters. The chairman in balf-a-dozen places at one time. This was the more diffi at a former meeting had expressed an opinion that the colt on account of the manner in which a case would be put society came off best in their recent contest witb the down in one court one day, another the next, and a different Attorney-General. Many members, however, did not share one on the third. In the suggestions of the council, at the in this opinion. They did not think that all of the suggesend of the report, there was one, “Tbat rule 3 of the Rules tions made by the council were wise, and were of opinion that of the Supreme Court of April, 1880, by which the practice in having to withdraw them the society had been made to under the Summary Procedure on Bills of Exchange Act (18 cat humble pie. & 19 Vict. c. 67), is abolished, should be annulled; and Mr. HEMSLEY drew attention to the fact that, in every the practice under the Act sbould be re-established : the committee which had been appointed for the purpose of connumber of days in which judgment may be obt sided should sidering ihe question of legal reform or any other matter be reduced from twelve to eight days, ord. 16, r. 10, being connected with the interests of the legal profession, the goli. made to apply to summary proceedings on bills of ex tors were represented by about two of their number, whilst change." He conld recollect the time when it was no easy the bar would have, perhaps, some ten representatives. That thing to obtain a judgment on a bill of exchange, and then was, to a great extent, the solicitors' own fault, and, as an people had a great deal better chance of getting their money illustration, he would refer to that part of the report from debtors than at the present time. No advantage ac- " which said that Mr. Ouvry's seat upon the Council of crued to creditors by breaking a up man's home or business Law Reporting, which he bad resigned, had been filled up in three or four days. As a consequence the accountant by Mr. Hollams. Why should they permit themselves to have only two representatives whilst the bar had no less be so remunerated. In bis own experience the taxing masters than thirteen ? The solicitors had reports of their own in were always inclined to consider the length of documents in the SOLICITORS' JOURNAL and other legal publioations, and their allowances. The present state of the taxing office was what power would the two solicitors possess in the presence a scandal, especially in the Chancery Division. A few days of the thirteen barristers? He would be glad to know if | since he had left a bill for taxation and had been told it the council had had under their consideration the subject of was impossible to give an appointment until after the the accommodation of solicitors in waiting-rooms at the long vacation. He thought the council would be better new Law Courts? In the chambers of Vice-Chancellor occupied in considering such questions as these than in Hall there were two rooms for the accommodation of the dealing with subjects which concerned the far fature. bar on the first floor and one on the second, whilst there with regard to the division of the two branches of the was only one room for solicitors, which was on the second legal profession, he asserted that economy in procedure floor. Considering that solicitors and their clerks were would never be accomplished until there was a fusion constantly attending before the judges, and that they were between the two branches, and he was sure that time twenty times as numerous as barristers, better accommoda- | would arrive. Although he congratulated the council tion onght to be provided.
upon the steps they had taken for facilitating the call Mr. PARKER bad put a question three years ago to the of solicitors to the bar, yet he grieved when he saw that then president as to whether the council could not make | they considered the resolution which had been arrived at arrangements to hold the examination in some other place | to be satisfactory. It was still necessary that solicitors or building, so that the library might not be closed to the | should spend four terms and pass an examination. This members every now and again. Or the council might find was not a satisfactory termination of the question, it convenient to hold the examination on several daye, for Mr. J. A. Rose regretted the manner in which the there was no reason why the members of the society should books in the library were spoilt by the writing in them of be excluded from the enjoyment of the library. At all times | insolent remarks by the students. He was opposed to the students occupied the greater part of the library and of rendering the access of solicitors to the bar so easy, and the books, and he looked upon this as a present and could not see any objection to the keeping of the four a greatly increasing evil which would be felt to a yet terms which was required. Did they wish that gentlegreater extent when the new Law Courts were opened,
men should be solicitors one day, barristers the next, and and a greater pumber of solicitors would be brought to the solicitors again the day after, so that they would become building, both in London and from the country. The perambulating nuisances ? He could not agree in abusing students, as a body of strangers, bad no right whatever to the late Chief Baron of the Exchequer because he had turn the members out of their own library, and they were smoothed the way for respectable solicitors' clerks to gradually making it a study of their own, not merely com. become solicitors. Some of the best and most honourable ing there to read the books to be found in the library, but solicitors he had ever met had risen from the lowest ranks bringing their own text-books and passing the day in read of the profession, and he could not see why their course ing them. This was not putting the library to its legitimate should not be facilitated. They certainly ought not to have use, and was very much to the inconvenience of the members any slur put upon them as was done in the report. Rewho had occasion to resort to it. He would venture to sug. ! ferring to the encounter which had taken place between gest that it might be possible to exclude the students alto the solicitors and the Attorney-General, in which the gether from the library. There was an examination hall in council, having the better case, had conducted it so mag. the building in which they might be accommodated, and the nificently that at the end they had to apologize, he said library could then be retained for the enjoyment of the they had now transferred the quarrel from the barrister members. He believed that if the council were to consult to his clerk, and were objecting to his fees. He had never Mr. Busk and the examiners they would find that the number heard a client say one word against the 2s. 6d. to be paid of books used by the students would be about one hundred, to the clerk, but had heard a good deal said against the and these could easily be supplied in the examination hall. guineas paid to the barrister. Another cause of complaint was that the students made Mr. J. E. Fox expressed his satisfaction with the marks in the books occasionally, and damaged them in a í report, but observed that, as the society had permitted a way that ought not to be. It should be remembered that | Bill to pags enabling the barrister of five years' standing, wbilst the bar bad four good libraries, the solicitors of Eng- on being disbarred, and passing the society's final examin. land had only one, and that was closed upon examination ation, to be (inrolled as a solicitor, should not be satisfied days, and at other times only one-third was open to them. with a result which placed the solicitor at a greater disad. The solicitors flung back upon the bar all suggestions of vantage. The council had prepared a Bill for the purpose inferiority or want of dignity, and yet they did not possess a of facilitating the call of solicitors to the bar, and the proper library. He would be glad to know whether the bar, wishing to prevent its passing, had effected a comcouncil would object to the appointment of a library com promise, by which a solicitor of not less than five years' mittee, with two of the outside members who really used the practice might, after keeping four terms, and having passed library and took an interest in it?
the bar final examination, be called to the bar. The report Mr. Joan INDERMAUR quite agreed that the closing of told them that “the council had hoped to get rid of the the library on examination days was a source of great dig. | interval altogether, but with the uncertainty as to the result comfort to the members and their articled clerks. It was also l of their Bill in Parliament, they considered that it would be most unnecessarily closed on days when dinners took place. prudent to accept the resolution of the Inns of Court.” He, however, altogether disagreed with the remarks which In connection with this subject, there was a suggestion as bad been made with respect to the students. A large part of to preliminary examination; and, if the council accepted the income of the society was derived from the students, and that resolution, all solicitors who had not passed the they were the only people who ever used the library in a preliminary examination of the Incorporated Law Society, grateful and useful manner. The members visited it in a no matter how they might have been exempted from it, mere casual way, but many of the students derived the would be prevented from going to the bar. This was greatest advantage from it. They no doubt were in the not right or just, as many solicitors had passed the babit of bringing their text-books to the library, but it was Oxford or Cambridge local examinations, ant some necessary for them to refer to reports and statutes which, as a l had obtained degrees, whilst others had been exempted, matter of course, they would not have an opportunity of and the solicitors ought to have equal advantages doing in their own chambers. His own experience as a with the members of the bar. As regarded the audience student had always been that, when a solicitor came into the of solicitors, the Bankruptcy Act had admitted that library and required a book' which was in the hands of solicitors were qualified to have audience in the Bank. a student, it was taken away from the student and ruptcy Court, and, if this were the case in that court, given to the member. There was an admirable idea in why should they not be qualified to have audience in the report with respect to the remuneration of solicitors, wbich the other courts ? He would observe, with regard to the the council were of opiniou should be “according to the skill, | library, that the bye-laws concerning it were not carried knowledge, and exertion which he employs in the business, | out. There was a bye-law that none but members should and according to the importance and his consequent respon ! be admitted, and if this was not carried out in its sibility, and not according to the time employed, the length 1 entirety, at any rate the students should be restricted to of documents prepared, or the number of letters or confer. | the further end of the library. He moved, as an amend, ences." He thought this a mere idle formula, and that ment, “That the report be received, with the exception of solicitors would never arrive at that period when they would I that part thereof which relates to the call of solicitors to