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sunken ship and the cargo, and charged her owners with the would be costs in the action.-SOLICITORS, Hores f Pattison ; costs of the operation. The owners then claimed a lien Trinders & Curtis-Hayward; Munns & Longden; F. Romer. upon the wool wbich had been raised, for a proportionate part of these costs. In support of the claim, it was contended that the effect of the statutory limitation of liability MORTGAGE-FORECLOSURE-ENLARGING TIME FOR PAYwas to relieve the shipowners from any responsibility for the MENT-SUFFICIENCY OF SECURITY.-In a foreclosure action injury otber than the £8 per ton, and that when that sum of Cunliffe v. Newton, before Hall, V.C., on the 14th inst., had been paid their liability was purged, and they stood | an application was made on behalf of the mortgagor for in the same position as if they had never been liable at all an extension of the time fixed for payment of the mortgage. for their negligence. Consequently, the owner of the wool The amount secured by the mortgage was £3,000 and ougbt to bear bis share of the cost which had been incurred, certain arrears of interest, and the mortgagor produced for the common benefit of the owners of the ship and the evidence to show that the property was worth £3,850. owners of the cargo. The court (JESSEL, M.R., and BRETT The mortgagee submitted that the margin of security over and COTTON, L.JJ.), however, affirming the decision of Sir the debt was insufficient, and that the mortgagor should R. Phillimore, held that the effect of section 54 was only to pay into court a further sum before obtaining the indulgence limit the liability of the shipowners to answer in damages he asked. HALL, V.C., however, held that the case was for the negligence, and that it did not affect their responsibility one in which six months' time should be granted, apon the in any other way. The wool was the property of its terms of the costs and interest due up to the present time original owner, and the shipowner could not charge him with being paid within one month.-SOLICITORS, W.A. Holcombe; any part of the costs of raising it, which had resulted from Cunliffe, Beaumont, & Davenport, the negligence of their agents. -SOLICITORS, Ingleder f Ince ; Stokes, Saunders, f. Stokes.
SOLICITOR-Costs-CHARGE ON “ PROPERTY RECOVERED
OR PRESERVED"-23 & 24 VICT. C. 127, s. 28.-In a case of PRACTICE-TRUSTEES' REMUNERATION-REPRESENTATIVE Emden v. Carte, before Fry, J., on the 15th inst., the ÅCTION – PARTIES ATTENDING INQUIRY — ADDITIONAL question arose whether a solicitor was entitled to a charge PARTIES.-In a case of Conybeare v. Lewis, before the for bis costs of the action upon “property recovered or Master of the Rolls on the 15th inst., a question was raised preserved” by means of it, under the following circom. as to whether certain persons should be joined as parties, and
stances :-The plaiotiff was an arcbitect, and he sued the the conduct of the action given to them under the following defendant for remuneration for services rendered by him circumstances :- The action was a representative one on in that character to the defendant in relation to the buildbehalf of certain bondholders in an American railway com. I ing of a theatre. The plaintiff also claimed damages for pany, and the substantial question involved was as to the bis wrongfol dismissal by the defendant, and breach of amount of remuneration to be paid to certain trustees for
| an alleged agreement by the defendant to employ him as
an alle the bondholders who had succeeded in reconstructing the his architect in the building of the theatre. The plaintiff company and forming a new company. The plaintiff's case
also claimed specific performance of the agreement, and an was that a som had been voted to the trustees as their re
| injunction to restrain the defendant from employing any muneration at a meeting of the bondholders, and that no
other architect. The plaintiff asked for £1,790 remupenotice of any such proposition being about to be brought
ration, and £3,000 damages. The defendant denied the forward had been given. The plaintiff was a dissentient at
alleged agreement, and, on delivering his statement of the meeting, and subsequently brought this action on behalf
defence, be, without admitting any legal liability to the of bimself and all other bondholders, seeking in effect to
plaintiff, paid £360 ioto court, alleging that this was the have the question of the trustees' remuneration determined
utmost to which the plaintiff could, on his own showing, by the court, and to restrain them from dealing with the
be entitled. At the time when the action was commenced funds in their hands alleged to be appropriated towards
the plaintiff was an indischarged bankrupt, though this fact their remuneration until this bad been done. At a subsequent meeting of the bondholders, it was alleged by the
was not known to the defendant when he delivered his
defence. The action was commenced without the knowledge defendants, the trustees, that the remuneration voted them at the previous meeting had been confirmed, but the plaintiff
of the trustee in the bankruptcy. When it came to his
knowledge he took ont a summons asking that he might refused to be bound by such resolution, and this action proceeded. A judgment was now taken by consent directing an in
be substituted as plaintiff, on the ground that the bankrupt
had no interest in the subject-matter of the action. On quiry as to the amount of remuneration due to the trustees on a quantum meruit, and certain persons, members of a committee
this summons Fry, J., ordered (29 W. R. 600, L. R. 17 of the bondholders, now moved that they might be added as
Ch. D. 169), that the trustee should be joined as a coparties, and the conduct of the action given to them, on the
plaintiff with the bankrupt. His lordship was of opinion ground tbat the plaintiff only represented the interests of a
that the title to the remuneration and damages claimed bad minority of the bondholders, and that the applicants repre
passed to the trustee, though he thought that the sented the majority. JESSEL, M.R., said that the only ques.
bankrapt still retained an interest in some of the relief tion now to be determined in the action was that of the
sought. This decision was affirmed by the Court of amount to be paid to the trustees, and he did not see why
Appeal. After the decision of Fry, J., the bankrapt's that question could not be determined by the plaintiffs
solicitor, who had conducted the proceedings in the action on the one side and the defendants, the trustees, on
for him, took out a summons, asking a declaration that he the other. They were really the proper parties to
was entitled to a charge on the money paid into court settle it, as the plaintiff represented the dissentient for his taxed costs, cbarges, and expenses of or in reference minority and the trustees the assentients. No doubt there to the action as the solicitor employed by the plaintiff in the was something behind in the present case, but it had not been | prosecution thereof, and for taxation and payment accorddisclosed, and he could not but tbink that the attendance of ingly. The trustee offered to consent to a obarge for the costs any other parties would be miscbievous on the inquiry, and up to the time of the payment into court. The plaintiff's might very likely prejudice the proper determination of the solicitor would not accept this, insisting that the order -question. It was a very difficult and delicate task for the ought to be made in the terms of section 28 of the Act, judge to settle these questions of remuneration. There without any limitation, leaving it to the taxing master to were not only the services rendered to be considered, but also | digallow any particular items that ought not to be allowed. the success of these services and the position of the persons The offer not being accepted, Fry, J., dismissed the summons. engaged, and the fact that certain services could only be He was of opinion that the money in court had not been rendered by persons in a certain position, and there were “recovered or preserved” by means of the action for the numerous other circumstances to be taken into consideration. trustee, it having been brought, not to obtain any money Sach cases generally ended in a compromise, and, in bis for bim, but to obtain it for the bankrupt, who had, opinion, it was much more likely that such would be the case indeed, actually applied to take it out of court, bat his if there were only two parties to the litigation than if there Bommons for that purpose was intercepted by the applicawere more. There was not only no reason why the appellants tion of the trustee.-SOLICITORS, F. C. Tudor ; J. J. should be joined as parties, but every reason against it, and | Winser therefore he should refuse the motion, but as the plaintiff and defendants did not press for costs the motion would be refused without costs. The plaintiff's and defendants' costs
INCORPORATED LAW SOCIETY. This was an appeal from an order made by the Queen's The adjourned annual general meeting of the Incorporated Bench Division on the 4th inst. (reported ante, p. 680), Law Society was held on Friday, the 15th inst., at the society's for an attachment against one Edwin Hunt, an accountant, hall, Chancery-lane, Mr. CHARLES CLARIDGE DRUCE, presi. for having acted as a solicitor without being duly quali dent, occupying the chair. fied to do so. The matter had been referred to one of the Upon the motion “That the annual report be received, masters for inquiry, and from his report it appeared that approved, and entered on the minutes," which was moved Hunt was an accountant living in Charlotte-street, Bed by Mr. J. M. CLABON, the then president, and seconded by ford.square. He inserted an advertisement in the Times, Mr, C. C. DRUCE, as vice-president, at the meeting on the addressed to solicitors without practice, offering them 8th inst., an amendment was moved by Mr. J. E. Fox, business at a good remuneration. A solicitor named Cotton and seconded by Mr. FRANCIS MILLER. to add to the responded to the advertisement, and some arrangement was motion the following words :-“ With the exception of entered into between him and Hunt that the latter should that part thereof which relates to the call of solicitors to the be allowed to use Cotton's name, and that the profits of bar, this meeting being of opinion that the resolution of the business transacted should be shared between them. Hunt Inns of Court should not be accepted, but that solicitors had acted as a solicitor in various matters under the style of should bave facilities for call to the bar equal to those already Cotton & Co.
given to the members of the bar for admission to the roll of By section 2 of the Act (6 & 7 Victa c. 73) it is enacted solicitors." that no person sball act as a solicitor unless admitted and The CHAIRMAN thanked the members of the society for the inrolled and otherwise duly qualified to act, but no penalty
compliment paid to him in his election to the office of presi. is imposed. And section 32 provides that any solicitor dent. He appreciated it all the more, inasmuch as it was who wilfully and knowingly permits his name to be used not paid to him by his clients, or by the judges of the land, in any action or other proceeding by any unqualified per. who, perhaps, might not know much about it, but by the son opon the account or for the profit of any adqualified best of all judges in the matter, his professional brethren. person sball be struck off the rolls, and that “in that case,” i Mr. FRANCIS MILLER, as the mover of the adjournment, it sball be lawful for the court to commit the unqualified resumed the discussion. He had not seconded the amendperson to prison for any term not exceeding a year. And mentin any spirit of antagonism to the couocil, for whom, in by section 26 of the Act 23 & 24 Vict. c. 127, it is pro common he believed with the great majority, if not all, of vided tbat every person who acts as a solicitor contrary to bis professional brethren, he entertained the sincerest tbe enactment in section 2 of the first Act shall be deemed respect, but he bad felt it his duty to do so, because he guilty of a contempt of court, and may be punished could not believe for a single moment that any conclusion accordingly.
such as that contained in the report could be considered as Fillan, for Hunt, contended that the case fell within section a satisfactory settlement of the question. The report said 32 of ihe first Act, and not within section 2, under which, as that any solicitor who had passed the society's preliminary amended by section 26 of the second Act, the order had been examination in its entirety might, on keeping four terms made, and tbat under section 32 no proceeding could be taken and passing the bar final examination, be called to the bar. against the unqualified person untilaiter the solicitor, who had He did not understand the word “entirety." permitted him to use his name, had been struck off the rolls, The CHAIRMAN said that occasionally a part of the exam. for which purpose no application bad been made. The ap ination was dispensed with. pellant bad really only been acting as the managing clerk of Mr. MILLER, in that case, would not wish to deprive any Cotion, and had done notbing but that which is always done member of the profession of his right to be called to the bar. by a managing clerk, though an unprofessional arrangement The report only referred to those who had passed the premight have existed for the division of the profits of the busi. limioary examination of the society, but even at the present ness.
day there were many solicitors who had passed some other W. Murray, for the Incorporated Law Society, was not examination in lieu of it, or had obtained a dispensation called upon.
order. He hoped that these would not be exoluded from JESSEL, M.R., said that section 2 of the first Act was quite going to the bar. general in its terms, and was intended to be so. It simply The CHAIRMAN observed that the council bad every reason provided tbat no one should practise as a solicitor unless he to believe the Inos of Court would act favourably to these was duly qual fied. Section 32 had a different object. Sec gentlemen, though he could not pledge himself with respect tion 2 was primarily directed against the unqualified person to it. who acted as a solicitor; section 32 was primarily directed Mr. MILLER thought the fact that they did not know against the solicitor who lent his name to an unqualified the final decision of the Ipps of Court was sufficient reason person for his profit, but it also added a summary remedy for not adopting the report in its entirety. The society against the unqualified person. Under section 2 the only onght not to acquiesce in any arrangement by which soliremedy would have been by an indictment for misdemeanor, oitors were compelled to wait twelve months before they wbereas, if the unqualified person could be brought witbin could go to the bar. The meetings in the ball had several section 32, there was a summary remedy against him. By times come to the conclusion by large majorities that solithe Act of 1860 the Legislature amended this, and extended | citors ought to have the right on passing the bar final exami. the summary remedy. It was said that section 32 would nation to be called to the bar without any other impediment apply to the managing clerk to a solicitor, but a managing being placed in tbeir way. Why shoald solicitors be a clerk did not act as a solicitor, and it was clear that the proscribed class ? (A VOICE.-They are not.) There was appellant had acted as a solicitor, Section 2 applied, and the at one time a regulation of the long of Court which appeal must be dismissed.
affected solicitors and solicitors only, and which said that BRETT, L.J., was of the same opinion. He said the case until they had waited three years after leaving their pro. was too plain for argument. It was one of those sbamefol fession they were not to be called to the bar. Why should and dangerous cases in which an accountant acted as a solicitors alone be placed under this invidious distinction ? solicitor, and, knowing that be was doing wrong, attempted
And if they were the honourable body of men which be to cover it by inducing a solicitor who bad been just believed tbey were, wby should they still have to wait one admitted to lend him his name, upon terms which had not year without being permitted to earn their living? The been disclosed, but could be easily guessed. He was acting regulation practically excluded those who would be most as a solicitor under the cover of the name of a solicitor, likely to take advantage of the opportunity of being called and there was no room for any argument at all.
to the bar. The junior members of the solicitor branch of COTTON, L.J., said that if section 32 applied, section 2 the profession would not be those who were desirous of equally applied to the case. There was done the less an
becoming barristere, but those who had been for some time offence against section 2 because the case also came within in the profession, and who having made a name in it, section 32. The appellant did not pretend to act as a clerk; felt themselves capable of doing greater things than tbey he was really acting as a solicitor on his own behalf.
could find opportunity for as solicitors. If the meeting
adopted the report as it stood, it would not be possible took place at this meeting that they were not even content even for those whom they reckoned the greatest of the with what the council had obtained for them, they might profession to go to the bar. It would not even be possible say, "Nothing will satisfy them; we will go back to affairs for the president or any of those who had preceded him as they originally were." He hoped his fellow-members to take advantage of the regulation. The Inps of Court would feel they had much to be thankful for, and that they would say they had not passed the preliminary examina. | would support the council in what they had done, leaving
tion. No matter that the examination was not instituted to the future some further amelioration of the regula. when they entered into articles. There was not a single tion. He did not think that solicitors who wished to member of the counoil who would be able to profit by go to the bar would find that one year such a very great the regulation proposed to be sanctioned. He ventured
hardship. His experience had been that it was usually the to say that not above one-fourth, or at any rate one-third,
solicitors who had met with a certain amount of success who of the profession would be benefited by the regulation,
felt desirous of going to the bar, and these would not object The meeting could not allow it to go forth that the great
to losing one year's profits in order that this might be body of solicitors meeting in their ball bad determined
brought about. that this was a satisfactory settlement of the question, and
Mr. DoDDS, M.P., happened to know something of the that as the Inps of Court bad permitted them to go to the
efforts which had been made to get the council's Bill passed bar after relinquishing their business for twelve months,
through Parliament, and was cognizant of the difficulties they were content. It was placing solicitors under a
which had beset the labours of the council on behalf of their ban to which no other body of men were subject. Anyone
own branch of the profession. He might say there was no bat a solicitor might go to the bar without being compelled
gentleman in the room who was more strongly of opinion to give up his business for three years. He hoped the
tlan he was that the year which still remained should be council would continue to direct their efforts towards the
swept away, but it was necessary to consider the state of removal of this obnoxious regulation, and he felt certain
things as they existed and how they could be remedied. that as they bad year by year gradually induced the Inns
The conclusion to which the couacil had come had been
that a very great step in advance had been made in the of Court to give way, in another year or go they would
interests of the solicitor branch of the profession, and obtain the removal of this regulation, and the solicitors would be as free to go to the bar as any other of her
that they ought very gladly to accept anything which
removed the difficulty which formerly existed, at any Majesty's subjects.
rate as far as two years were concerned, of the gap which The CHAIRMAN read a letter wbich bad been forwarded
existed between themselves and the higher branch of the to him by Mr. Clabon as follows: _“I saw, during my
profession as it was called. He did not regard this in any year of office, two sets of treasurers of each Inn, and had
way as a final settlement of the question-(A VOICE.- The much communication with them, the result being an abso
words of the report)-it was only a settlement of the ques. lute conviction in my mind that it is hopeless to get the Inns of Court to agree to more than
tion for the present, but neither in this, nor in matters of a
& reduction of similar kind, was there any finality. There was no reason the twelve terms to four, and a dispensation with the
wby any future council wbo should represent the society in prelimioary examination for those who have passed our preliminary examination, with
times to come should not endeavour, at some future period, to & further and very strong belief that Parliament will not interfere to compel the
I get rid of the one year which still separated the two
branches of the profession, or any reason why the present bar to admit us, more particularly after what they have now
council should not continue their efforts. Mr. Miller had offered. I look upon it that the passing of the amendment
referred to the solicitors as a proscribed class. This had would perpetuate the present state of things." That was
been the case to a certain extent it was true, but they were the late president's view, and his own was in one sense
now so far a privileged class that, instead of its being necessary stronger. The report did not profess to set forth wbat the
for them to keep twelve terms before they were called to council would wish to do, but what they had been able to do,
the bar, they were privileged to go there after keeping four and his own feeliog, after close consultation with the council,
tərms. He (Mr. Dodds) was of opinion that those foar was that it would be impossible for them to obtain any fur
terms ought to be got rid of, but as half a loaf was better ther concession at present.
than no bread, they ought well to be pleased when they Mr. C. FORD was very anxious that it should not go forth
bad got two-thirds of the loaf. His experience in the House to the public that the society considered this resolution as of Commons had been that the men who had been most sucfinal and satisfactory. He read an extract from the council's cessful in the accomplishment of reforms were those who had report of 1877:4“ Previous to the passing of the Attorneys
shown a readiness to adapt themselves to circumstances and and Solicitors Act, 1860, an apprenticeship of five years,
to accept a compromise where a compromise was desirablebefore any person could be admitted an attorney or solicitor,
those who had been ready to take something on account and was in all cases and without exception necessary. This Act
in time they got the remainder of what they considered shortened (five years to three) the apprenticeship of persons
themselves entitled to. If he knew his brother solicitors, he who had been called to the bar, and, by regulation made
thought they would be of opinion that the council bad by the judges under that Act, the same persons are exempted
adopted a wise course in coming to the conclusion at which from the preliminary examinations which the Act authorized.
they had arrived. He was quite sure that by proceeding Barristers not anfrequently disbar themselves in order to be.
with their Bill, the council would not have been able to have come solicitors, and in the greater proportion of such cases
accomplisbed any improvement. By accepting compromises the candidate is of such age as to make an appren
in communication with the Inns of Court and with those in ticeship inconvenient, if not distasteful, and of such at
authority the council had gained this great step, and the tainments as to make it unnecessary." He would have been
least that members could do would be to accept this great glad if the council bad followed that more closely, but if
concession which had been made--not as a final settlement they would give some assurance that they were of opinion
of the question, but as a settlement for the present-and then that the present state of things was not satisfactory, and
they might agitate as much as they thought proper for the that sooner or later the same privilege of going to the bar
removal of the year which remained. The council hoped must be given to solicitors as the barristers enjoyed of coming
this would be accepted as a great instalment of the measure to the solicitor brancb, he would be satisfied that the report of justice to which they thought the solicitors were entitled, should be adopted.
and which, if they were now content with what had been conMr. Edwin BEDFORD thought this a very important ques coded, he believed they would obtain at no very far distant tion, but was at the same time of opinion that the society
period. bad a great deal to thank the council for in having obtained
Mr. E. KIMBER quite agreed that this was a great step in such a concession. It must be remembered that it was not
| advance, but in a question of this kind it was necessary to what they wished to have, but what they were able to ob
take into consideration those who belonged to the law and tain, tbat should satisfy them, and he had read with much those who did not. Mr. Dodds was of Opinion that it was pleasure that part of the report which stated that the a great instalment of justice, but in what light would the council bad, by their exertions, obtained a resolution from public regard it? Only the other day one of the newspapers the Ions of Court by which the term, which had originally bad bad a leading article upon the last discussion in the been three years, had been reduced to one. They migbt, of
room, and had said distinctly that if the solicitors could do course, hope that even that was not a final settlement of the
so little for the public, if the Incorporated Law Society could question, but he was afraid that in attempting too much
advance in so little & way towards granting reforms which they might lose everything, and that if the bar saw by what the public could appreciate, the public would know how to
appreciate the Incorporated Law Society. He (Mr. Kimber) | Three years had been felt to be a great hardsbip, and, to was sure the public would ask, if two years can be dispensed some extent might, perhaps, reduce a man to tbe ataryawith, wby not dispense with the whole three ? and what was tion point, but this would not be the case wben one year the use of retaining the four terms? It was quite true that I only was in question. He thought a really good arrangethe most successful men in Parliament had been those who, | ment bad been made, and one which gave the solicitors a seeing the opportunity for a compromise, had seized it ; but very considerable status and a much better opportunity this was not the kind of compromise to which they ought to of availing themselves of the passage to the bar. He agree. They could not agree with the council in consider thought the arrangement one which ought to be satisfacing this a satisfactory settlement of the question. This l tory to solicitors, and which bad raised their status in the report, being placed as it would be in the archives of the eyes of the public. society, supposing the members should raise another agitation, A MEMBER said the meeting were perfectly satisfied with it would be thrown in their teeth that they had adopted it what the council had done, but they did not wish it to be and accepted its terms. Was it not more advisable to say in recorded in the report that they considered the settlement their report that they considered this only as a temporary which had been arrived at as a satisfactory solution of the settlement of the question? In his opinion that was all that difficulty. Personally, he hoped the time would come when the amendment desired—that they did not accept it as a all distinctions which at present existed between the two permanent settlement of the question. He was sure the branches, would be swept away, and be would be one of tbe public would not accept it as such.
first to join in any public movement with this object. If Mr. G. A. CROWDER said the object of the report was to
the report were adopted in its entirety, he felt that it would state wbat had been done. They had heard from a member stultify any efforts he might hope to make in the future with of the council, speaking on bebalf of the council, that, wbile | the view of arriving at what be considered to be a satisfactory they claimed a certain amount of consideration for the con conclusion. In his opinion the costs of litigation would cession which had been obtained up to the present time, it never be diminished until the two branches were united, and was not to be considered as a final settlement of the question. he felt certain that the public would be entirely in favour of
This was a violation of the words of the report. He main. such a movement. If the two branches were combined, as tained that if the meeting adopted this proposition, that this was the case in America and other places, the public would was only a temporary settlement, and that further advances not be saddled with such heavy costs us was the case at would be made at some future time, they might very well
present. adopt the report.
Mr. Thomas PAINE (vice-president) suggested that there Mr. GREGORY, M P., thought it was possibly known to was no question before the meeting. It was clear they all the members that he bad taken considerable interest in this
bad one end in view, and if the council bad thought fit in question, and had for some years done what little he could the exercise of their discretion to accept the present settlein the promotion of the interests of the profession by bring ment, he ventured to think it would be very unwise to ating it under the consideration of Parliament. To his mind,
| tempt to go further, the council bad made, at all events for the present, what he Mr. J. E. Fox asked if there was any return of the considered a very good settlement of the question, and when į number of solicitors who had gone to the bar, and the gentlemen pressed upon the council what they were desirous number of barristers who had become solicitors during the should be done, they ought to consider that the council were past five years ? not the Houses of Parliament. They were neither the House The CHAIRMAN said that he was informed by the secretary of Lords nor the House of Commons, much less were they that at the most twelve barristers had joined the solicitor both of them, and they must not only take into considera branch of the profession. It was impossible to say how tion what they would like to be done, but what the council í many solicitors had left to go elsewhere. were able to do. They must also remember that the bar was The amendment, on being put to the meeting, was negaa very influential and powerful body in both Houses of tived. Parliament. The society had a Bill in the House of Lords, | Mr. F. K. MUNTOn observed, with respect to the remarks and he bad ventured to give notice in the House of Commons which had been made at the last meeting concerning the upon the subject, and the question was whether the council
library, that although he did not agree with the strictures should bring on the one or the other. He had always looked
passed upon its manage nent by Mr. F. W. Parker or with Mr. upon the Bill in the House of Lords as hopeless, because the
Indermaur, who considered that the students were entitled to greater number of the lords who took part in the discussions
the whole of the library, he thought some improvement ought were law lords, and every law lord and every connection of a to be made. Would it not be possible to retain one wing law lord was a bencher of one of the Inns of Court. They
solely for the use of members, or if this were not practicable, could, therefore, look for but little success for a Bill promoted
at any rate a clear table? He did not think it ought to go n the Upper House on the subject. With regard to the
forth that there was any suggestions of inattention on the Lower House they knew that there, too, were many members part of the officials in the library. He thought everyone of the bar, and it was not only the members of the bar wbo
would say that, from Mr. Williamson down to the junior were to be considered but their connections, the law officers
porter, the members received the greatest attention. of the Crown, and the various ramifications which were all
The CHAIRMAN remarked that the librarian had informed represented there, and which they had to meet. It was of
him that the southern wing of the library was set apart for the little use discussing this question in the hall of the society
members, and that students were only allowed there when unless they were prepared to move the public out of doors,
There was no room elsewhere. Duplicate practice books and he ventured to say tbat the public would never go were also kept. A few months since the council had formed with them to any greater extent than the concession
a committee to consider the accommodation of the entire already granted. The council had to make the best building, and it might fairly be assumed that they would terms possible, and when gentlemen objected to the take the library into consideration. year being retained, they should know that it was
The motion for the adoption of the report was then retained for the same reason the three years were
carried. originally retained, in order that an interval might exist
Mr. JAMES POWELL read the following motion of which between the passage from one branch to the other, and
be bad given notice : “ That the Council of the Incorporated that the solicitor migbt not carry with him to one branch Law Society do forthwith take such proceedings in the case the connection he bad made in the other. Speaking for | Re W- solicitors, submitted to the said society by himself, he could not see why the solicitor should not Harris & Powell in March last, as to this meeting shall seem take this connection with him, because it bad been legitimately earned, and might be legitimately retained, but, at The CHAIRMAN considered he ought to ask the meeting the same time, tbat was a reason urged and strongly pressed whether this was a matter they should consider at all, as the in the House of Commons, and one with wbich there had question had been put before the council already for discasbeen considerable difficulty in dealing. It was therefore, sion as a purely conveyancing matter. The council had adhe thought, wise of the council to come to some compro. judicated on it to the best of their ability, and it would be mise by which tbey would practically attain the object ! excessively inconvenient if it were reopened in such a they bad in view; and be asserted that they had practi- 1 meeting as the present. cally attained it; because it was no very great hardship Mr. POWELL said that the chairman having so decided he for a man to have to pause for one year in his progress would not press the subject for one moment. from the solicitor branch of the profession to the bar. Mr. GREEN rose to order. There were two notices on the paper by Mr. Ford, relating to pleadings in legal proceedings meet at a time when their opinion could be expressed as to and the payment of fees to barrislers' clerks. These subjects the course which ought to be adopted. had already been dealt with in the report. It seemed to him Mr. Paine referred to the bye-laws, whicb, he observed, that the notices were out of order.
must be varied if the motion were carried. The charter reMr. FORD remarked that the meeting was not in a position
quired that an annual meeting should be held in the month to examine into the merits or demerits of the motions until he
of May or as soon after as might be convenient, and that had brought them forward.
other general meetings should be held as occasion should reThe CHAIRMAN thought that, as the notices had been
quire and the bye-laws should direct. The bye-laws said
that a special general meeting might be called at any time, before them for some time, Mr. Ford should be allowed to
and that twenty members might require a meeting to be bring them forward.
called, in which case the council were compelled to call the Mr. Ford moved, “That the use of pleadings in legal pro. meeting. Bye-law 19 said that no motion for the alteration ceedings can, with advantage, be discontinued as a general of a bye-law should be considered unless previously approved rule of practice.” He would like to say at the outset that he by the council, or unless twenty-one days' notice should have had no desire that pleadings should be abolished. He been given. This was in effect a motion for the alteration agreed with the report when it said:-"It has been suggested of a bye-law, and he ventured to submit that the terms should that pleaŭings should be abolished, but the council are of be altered to a request to the council. opinion that, although there may be instances in which Mr. KIMBER seconded the motion. As he understood the pleadings could be dispensed with, yet in the majority of bye-law, it said that meetings should re beld as occasion contentious cases the result of not ascertaining, by means of should require, and be apprehended that there were many ocpleadings, the issues to be tried would be to increase greatly casions for holding meetings, as often, perhaps, as once a the expense of preparing for trial.” He wished, however, to month; at the most the motion was an expression of opinion point out that it had been the intention of the Judicature that it would be convenient to have two meetings in the Act to get rid of pleading, and to substitute something year instead of one. which was much more simple, but unfortunately the result | The CHAIRMAN thought Mr. Miller should amend his motion. had been that the pleadings with which solicitors had to deal Mr. MILLER expressed his wish to do so. were as technical as any which had existed before the passing Mr. Todd remarked that if the meeting were held in of tbe Act. The terms of the Rules of the Supreme Court | January as suggested, it was very desirable that the subjects 'were, that the statement of complaint was to be as brief as the should be placed before the meeting as it should direct, and case might admit. It was to be a simple, plain statemeat, not as the president of the society should think it. He not a technical pleading. He suggested that the better plan thought that it was very inconvenient when a member would be to dispose of the issue at judges' chambers. Under brought a subject forward which he had already brought the circumstances he had informed the gentleman who was under the notice of the council, and was dissatisfied with to have seconded the motion that he wished to be allowed to their decision, that the president should say, “ This is an imwithdraw the motion
proper matter to bring forward ; it has already been con. The motion having been withdrawn,
sidered." Mr. Ford read the following notice of motion which, at Mr. F. K. MUNTON moved the resolution of which he had the suggestion of the chairman, he subsequently withdrew: given notice as an amendment to Mr. Miller's motion. It “ That the practice which sanctions the payment of barristers' ran as follows:-" That in addition to the afternoon annual clerks, by suitors, for services rendered by such clerks to business meeting in July, two meetings be held on the barristers as their employers, is objectionable in its operation, second Fridays in January and April respectively, to be and ought to be discontinued."
called the January and April Meetings,' and that The CHAIRKAN read the following notice of motion which such meetings take place at seven o'clock p.m.” He wished had been given by Mr. Francis Miller :-“That & general to observe at the outset that Mr. Miller had agreed with bim meeting of the society shall be held at such time and place that the amendment should run as follows: "That in the in the month of January or February as the council shall opinion of this meeting it is desirable that in addition," &c., appoint.” He observed that this looked like requiring an and he thought it might be left to the council to consider alteration of the bye-laws, and he would prefer a direct the matter further and determine what should be done. He motion with this object.
bad attended these meetings for seventeen or eighteen years, Mr. MILLER said that he wished to alter the bye-laws by and had always endeavoured to strengthen the hands of the his motion in order that in future there should not only be council, and he did not desire to do anything which was in an annual meeting which was held in the hottest month of opposition to the council except so far as was necessary to the year, but a meeting in addition at an earlier period of demonstrate the point he was bringing forward. They the year, when the members would be likely to have a little must have all noticed how at the meeting last week half more time to attend. At present the meeting was held at a the members had left at a quarter to three, and at half-past time when it was impossible for them to attend in any great three the speakers were referring to "the late hour which pombers, and of those who did attend many were compelled, had been arrived at, and that they felt it impossible to adby reason of other engagements, to leave before the meeting dress the meeting" on a subject which they had come some was concluded. No less than 250 gentlemen came into the miles to speak upon. A very fair number had been present hall at the last meeting, and how many were able to remain at the commencement of the meeting, but at least one-third until the end ? He thought the council should meet their had left before three o'clock, about another third before halfconstituents more frequently, in order that they might heur past three, and at four the adjournment of the meeting was their opinions on the various subjects of interest to their moved. The council very properly took little part in voting branch of the profession. Until recently they had only had on the motion ; but when he moved that the adjourned their annual meeting in July, and he believed that it was in meeting did take place in the evening, nearly the wbole of consequence of this, to a very great extent, that the the council held up their hands and so carried the voting. Metropolitan and Provincial Law Association was formed. Ho would be sorry to deprive the members of the council That led to the holding of the annual meetings of the society of the opportunity of dining at their usual bour, but he in the provinces. This was a step in the right direction, but hoped that if the opinion of the meeting was that it was deit did not go far enough. The fact that only 250 gentlemen sirable to meet at an hour when they would not feel it attended their annual meetings was an argument for the necessary to rush off to attend to the business of the day, holding of additional general meetings at a more convenient the council would sacrifice a little convenience in order that period of the vear. It would be an advantage to the council the business of the society should be properly conducted. to meet their constituents more frequently, and to hear the For many years after the establishment of the society the opinions even of those who were most opposed to their members were content to leave everything to the safe keeppolicy. The annual meeting only lasted two hours, and it ing of the council, but in these times the members were of was impossible for the members to express their opinions on opinion that the council ought not to be content to deal the various subjects in which they were interested. If wholly with the important questions which came before they were to meet in January they would be meeting at a them without applying now and again for the vote and sancperiod of the year when what they did might have some tion of their constituents. It was impossible for the meminfluence on the events of the succeeding six months, whereas, bers to consider the question before them dispassionately in when they met in July, the session of Parliament was the busiest month of the year, at the busiest hours of the practically at an end, and all they had to do was to hear day, when they felt that they ought to be atwhat had been done, and go away contented. They ought totending to other business of their own. There