Page images

The great and serious drawback to the ballot appears to be the ciding upon the motive with which hospitality has been dispensed delay entailed by the tedious process of counting the ballot papers. or employment given. One good illustration is furnished by the That the result of an election should not be known for twenty-four request of a candidate to an elector to come some distance to vote. hours after the close of the poll is a decided defect in the system There is no implied promise to pay travelling expenses. The pay. and we doubt very much whether it will be tolerated. We do not ment of travelling expenses has been held to be bribery, but a see why there should be any objection to the papers being counted request to come and vote simply, holds out no inducement. and examined by the presiding officers at the respective polling Promises must be intended to influence the vote. stations. The agents of the candidates would be present, and The prominent instance in which a corrupt intent will be with an efficient staff of clerks the work might be got through implied is where money or its equivalent is given to a voter withvery rapidly, and the returns with the ballot papers sent to head out any consideration. But even here the mere fact of the quarters. The Town Clerk of Bath counted 4805 ballot papers in recipient being a voter will not be conclusive; it will be open to three hours, so that the result was announced by seven o'clock, the candidate or his agent to show that the payment was and only eight officials were employed in counting. Mr. John innocent. Stone, the town clerk in question, should make known his Bribery by strangers has assumed an important position under system. It is certainly a reproach to a city like London that the recent decisions. By receiving a bribe a voter loses his status, result of a contest should not be known for certain until nearly just as a candidate loses his by giving one. The vote of the thirty hours after the close of the poll.

corrupt voter may be struck off on a scrutiny, and although the There is no intelligible reason why the ballot should not be candidate and his agents knew nothing of any corrupt practice, worked expeditiously and with perfect success. There ought to


the majority may melt away before a petition which the respon. be no doubt what the closing of the poll means--supposing there dent defends as being in his opinion wholly groundless. The to be any at present-nor should it be open to returning officers evidence to impeach the return in this way, however, must be to take fanciful objections to ballot papers. We have learnt our cogent. Bribery, therefore, may take the form of : first lesson in a general election. In several constituencies more Payment to induce the voter to vote. voters have polled than ever polled before, which is a decided Offering money to induce a voter to vote. recommendation of the system, and on the whole there is erery Employing electors for reward. reason to anticipate that Parliament will make it a permanent Payment of voters for loss of time. institution.

Corrupt payment of rates.

Corrupt payment of barristers' court money.

Buying the influence of another candidate.
MANY of the misdeeds of the past fortnight connected with the

Payment of travelling expenses,

Charitable gifts (a question of degree). general election will doubtless soon be arraigned before the election Judges, and it will not be amiss, perhaps, if we remind the Profes

Payment to induce personation. sion of the nature of the case which has to be established before an

It is immaterial how long before an election the consideration election can be invalidated.

for the vote was given. It will be regarded as having influenced

the voter. Anything which actually interferes with the freedom of election is a ground for declaring it void. Thus we remember in the Not

There is nearly as much difficulty in deciding upon what

amounts to tingham case, before a committee of the House of Commons, it was a question whether the “lambs" had actually prevented voters

Treating. from going to the poll by the terror which they excited. This is The statute speaks of corruptly giving, or providing, or cansing a form of intimidation more likely to come into prominence as the

to be given or provided, or paying expenses incurred for any working population begin to take greater interest in politics under meat, drink, entertainment or provision, in order to be elected, the ballot; it is indeed the only certain mode of ensuring that undue

or to induce a voter to refrain from voting. Treating may be influence has its effect upon the result of the election. The enactment

either before or after the election-if treating subsequent is relied on this subject is that every person who shall directly or indirectly,

upon, a previous understanding must have existed. The mere by himself or by any other person on his behalf, make use of or

giving refreshment is not in itself a corrupt act, although punishthreaten to make use of any force, violence or restraint, or

able under the statute, but if it be given to influence votes, or threaten the infliction by himself, or by or through any other

to gain popularity, it is corrupt, and a single act of this kind done person, any injury, damage, harm, or loss, or in any other manner

corruptly by an agent avoids the election. practise intimidation upon or against any person in order to

General treating is the supply of refreshments in such excesinduce or compel such person to vote or refrain from roting, or

sive quantities with reference to the election as to produce a on account of such person having voted or refrained from roting

general corruption of the constituency. In this case the election at any election, or who shall by abduction or duress, or any frau

would be void at common law, even if no agency were proved. dulent device or contrivance, impede, prevent, or otherwise

A question of the first magnitude with reference to corrupt interfere, with the free exercise of the franchise of any voter, or

practices, is of course that of shall thereby compel, induce, or prevail upon any voter to give or

Agency. refrain from giving his vote at any election, shall be deemed to

Very concise and clear expositions of the law as far as it can have committed the offence of undue influence. And it has been be considered to be established on any plain principles will be held that though no damage, harm, or loss, be sustained by the

found in the work of Messrs. Leigh and Le Marchant, which we voter, if the doing of the act inflicts loss on the other side it is review to-day (in chap. 2), and also in a treatise by Mr. F. O. within the statute. Therefore as to

Crump, in Cox and Grady's Election Law. From the former we Undue Influence

take the following passages :We e may say that an election will be vitiated

An agent is a person authorised by the candidate to act on his behalf in By mob violence.

affairs connected with the electlon, and the candidate, as regards his seat,

is as liable for acts committed by his agent as if he himself had been per: By the violence of individual partisans.

sonally concerned therein ; although the agent may not only have exceeded By spiritual intimidation.

the authority committed to him, but have acted in opposition to the express By threatening withdrawal of or withdrawing of custom.

commands of the candidate. So extreme, in fact, is the liability of the By threat of eviction by landlord.

candidate for his agent, that the relation between them is not analogous to By threats by fellow workmen of ill-treatment or expulsion from

that existing at common law between principal and agent. place of employment.

The candidate is answerable for the acts of his agent in the same way as

a master is answerable for the acts of his servant done in the course of his By dismissal from employment.

employment, whether lawful or not, notwithstanding a prohibition may As to withdrawing custom it has been a subject of judicial doubt have been given to him by his master. whether a lady looking at a box of ribbons, and on learning the

A candidate has been held answerable for acts committed by a politics of the tradesman refusing to purchase, would be undue

person employed in a subordinate capacity by the agent for the pur: influence. We need hardly say that in the case of the intimida

poses of the election on his own responsibility to the same extent as if

those acts had been committed by the superior agent himself. tion of single voters, the agency of the person exercising the in- Besides the agent for election expenses, there are other paid persons fluence must be proved; but in the case of general riot or violence whose names would appear in the detailed statement of election expenses it is a question of degree, and it must appear that the result was

under 26 & 27 Vict. c. 29, 8. 4. affected. Where the majority is a large one, and the rioting has

The mere fact of their names appearing in that statement as paid by the not been extensive, the return would not be avoided.

candidate for the purposes of the election would probably be held as

sufficient evidence of their agency, unless they were merely employed and It would seem hardly necessary to say very much about

paid in some subordinate capacity such as that of a messenger or bill sticker, Bribery.

&c. The candidate may be bound also by acts committed in the course of

the election by other persons on his behalf, though not named in the election But it has taken so many forms that some questions may arise as

accounts and unpaid. even to the limits which kindness and benevolence may reach before

A man's wife, if she interfere in the election, is ipso facto his agent. offending against the law for securing free elections.

Hastings, Judgments, 235. The act must be corrupt.

Any act, however trifling, is evidence of agency, and an aggregate of isolated acts

will by their cuinulative force constitute agency; though no [Which means that the man who does it knows that he is one of them alone, if severed from the others, might be conclusive.

doing what is wrong, and doing it with an evil object.] Exempli gratiâ :The Judges have cast upon them the difficult duty of judging of 1. Being a member of the committee. intention, and very great difficulty has been experienced in de- 2. Canvassing alone, and with or without a canvassing-book.

[ocr errors]


3. Canvassing in company with the candidate.
4. Attending meetings and speaking on behalf of the candidate.

5. Bringing up voters to the poll. From the latter work we extract the following :The words used in the Corrupt Practices Act to denote acts which are to affect a member's return are these, “by himself or by any other person on his behalf.” In one of the first petitions tried before a Judge (the Norwich Petition, 19 L. T. Rep. N. S. 615), the effect of these words was considered, and Baron Martin held that they included any person for whom in law the member was responsible, whether he be an agent directly appointed by the member, or whether he be an agent by reason of the construction which has been placed upon the Act of Parliament–, construction which, his Lordship remarked, is to some extent binding on the Judges. The conten. tion of counsel for the respondent in that case was that the respondent could not be held responsible for an act to which he was not privy. This contention was at once disposed of, and without citing further anthorityand every petition tried is an authority on this point-it is to be taken that the candidate must suffer the consequences of the acts of every person for whom he is legally responsible.

The important question which we have now to consider is what consti. tutes an agent. And in the first place it should be observed that it was held by Mr. Justice Willes, in the Windsor Petition (19 L. T. Rep. N.S. 613), that mere employment does not constitute agency, and that therefore bribery by a messenger unauthorised to canvass did not affect the election. Payment for services, indeed, is not an element in the matter at all, for it was held by Mr. Justice Blackburn, in the Bewdley Petition (19 L. T. Rep. N. S. 676), that it is not necessary that an agent should be paid in order that his act should affect a member's seat. But agency is not established by the mere fact of a person's name being on the published list of the committee (20 L. T. Rep. N. S. 24). Mr. Justice Willes there said, however, “ If I find a person's name on a committee from the beginning, that he attended meetings of the committee; that he also canvassed, and that his canvass was recognised so far as it went, I must require considerable argument to satisfy me that he was not an agent within the meaning of the Act of Parliament.”

So mach for negative decisions. Now, as to affirmative, we have the high authority of Mr. Justice Willes for saying that no distinction is to be drawn, as regards agency, in cases of bribery, treating, and undue influence (23 L. T. Rep. N. S. 990). His Lordship was at first disposed to exclude treating from the acts done by an agent which should avoid the election, but his conclusion was that the 36th section of the Act mnst be read litorally. Therefore all the corrupt practices stand upon the same footing as regards agency. In the Norwich Petition (sup.) we have the strongest evidence of agency, for there the learned Judge held that the agency of a particular individual had been proved “up to the hllt.”

Three persons stated him to be a canvasser. It was proved that he canvassed in the company of the son of the sitting member, and that on the afternoon of the day of polling he went to a publichouse and bought votes. Further, as to canvassing, Mr. Justice Willes, in the Guildford Petition (19 L. T. Rep. N. S. 729), said (p. 732) “as a rule agency to bind the member would be agency to canvass ur to procure votes on his behalf.”

Now arises the question what is authority to canvass ?

In the Windsor Petition (sup.) Mr. Justice Willes said, “an authority for the general management of an election would involve an authority to canvass. And in making that observation his Lordship remarks that he purposely used the word "authority" and not "employment,” because he intended to refer to persons who were not paid for their services. It is quite clear, of course, as remarked by Mr. Justice O'Brien in the London. derry Petition (Printed Judgments, Part II., p. 252), that no supporter of a candidate who chooses to ask for votes, and to make speeches in his favour, can force himself upon the candidate as an agent. In the Westbury Petition, Mr. Justice Willes said the act done to affect the candidate must be done by his procurement, and held it immaterial whether a desire that a person should canvass be expressed or implied, by words or by actions. And the learned Judge, in that case, gave a definition of canvassing. Canvassing,” he said, “ may be either by asking a man to vote for the candidate for whom you are canvassing, or by begging him not to go to the poll, but to remain neutral and not vote for the adversary. No distinction can be drawn, except in the amount of favour, between voting for a man and abstaining from voting for his adversary. That such is the law appears from the 17 & 18 Vict. c. 102, which places on the same footing inducing a man to vote at an election and inducing a man to abstain from voting.'

The question What is agency? was much discussed in the Staleybridge Petition (20 L. T. Rep. N. 3. at pp. 76, 77), especially with reference to the acts of volunteers. One of the counsel there urged that the responsi. bility of the candidate should be limited in the case of volunteers,—that the petitioners should be bound to show some authorising on the part of the candidate to tho persons whose acts are sought to be mado available against him. In his judgment, Mr. Justice Blackburn considered the arguments addressed to him, and went fully into the matter. And first he noticed a mode of constituting a person an agent, which he had held in the Bewdley case to be most effective, that is, so as to make the candidate responsible not only for the acts of the person so appointed, but for the acts of those whom that person might employ as his agents. Sir R. Glass put money into the hands of a person at Bewdley, and exercised no saper. vision as to how it was to be expended, simply giving directions that it should not be expended illegally. The Judge came to the conclusion that there was such an agency established as to make the candidate responsible to the fullest extent. The evidence did not go so far as this in the Staley. bridge case, but the learned Judge held that the mere act of taking the committee rooms by the volunteer committee amounted to evidence that the sitting member and his people did request those committees to bring up voters when they could, and consequently that the persons who, joining those volunteer committees, went and fetched voters, were in one sense employed by the sitting member to bring up voters.

In this same case, Mr. Justice Blackburn takes occasion to say that he does not think the principle that a person employed to canvass makes the candidate responsible for his acts, laid down by Mr. Justice Willes in the Windsor case, can be accepted as a hard and fast rule. As a general proposition,” he said, " that would go a great way towards saying who is an agent, but I don't think we can take it as an absolute hard and fast rule, on which we can say that wherever a case of corruption has been brought home to & person who was within the limit, the seat should be vacated. The effect of that would be to say that wherever there were volunteers who were acting at all, and whose voluntary acting was not repudiated by the candidate or his agents ; wherever, in fact, a person came forward and said, 'I will act for you and endeavour to assist you,' and the candidate or

his agent said, I am very much obliged to you, sir ;' any corrupt or improper acts done by the volunteer, although' unconnected with the member, would render the election void. At present,” his Lordship added, "I cannot go further than to say that each case must be considered apon the whole facts taken together, and it must be determined in that way whether the relation between the person guilty of the corrupt practice and the member was such as to make the latter fairly responsible for it.” This is equivalent to saying that no general rule can be laid down on the question of authority by implication, but his Lordship said, later on, that in drawing the inference the reason of the rule which makes a candidate responsible for the unauthorised acts of his agents should be borne in mind.

It seems to be agreed by all the Judges that in considering the question of agency the nature of the acts done by the alleged agents are most material. In the Staleybridge judgment, from which we have been quoting, Mr. Justice Blackburn said that " whenever it appears that the things are numerously done it would go very far to show that the agents did come within that principle upon which the law is founded, viz., that they were persons, the benefit of whose fool play the member was to get, and there. fore it would be right that he should forfeit his seat in consequence.” The same learned Judge further considered this question in the Hastings Petition (21 L. T. Rep. N. S. 234). His Lordship there says: “I have free quently had it in my mind that there is great difficulty, in strict logic, in making the agency of a person dependent upon the extent of the corrupt practices committed by him. It does seem that in strict logic, if a man would be an agent if he was shown to have corrupted one hundred people by paying thom £5 a-piece, then if he corrupts only a single man by giving him a single glass of beer, he ought to be regarded as an agent equally. There is no doubt, in strict logical language, you will find a difficulty in making the distinction, yet I cannot but feel that, in administering justice and in administering the law in such a way that it would be tolerable, one must make some distinction of that sort. There is the same thing that constitutes a man an agent in the one case present also in the other case ; but I cannot but feel that where the case is a small isolated solitary case, it requires much more evidence to satisfy one of agency than would other. wise be necessary. If a small thing is done by the head agent the agent for the election expenses, I think that would have upset the election; and if small things to a considerable extent were done by a subordinate person, comparatively slight evidence of agency would probably have induced one to find that he was an agent."

This may be taken to be the view adopted by the election Judges, and having disposed of the mode in which an individual agent may be consti. tuted, we will proceed to the question of the agency of associated sup. porters.

In the Westminster Petition, at page 246 of 20 L. T. Rep. N. S., Baron Martin deals with the point, observing that he could not suppose that where an association of persons numbering 600 or 700 members chooses to call itself a committee, therefore they become the agents of a candidate for the purpose of making him responsible for a wrong act or an illegal act done by them. And subsequently he defined a committeeman. The committeeman,” he said, “whom I mean, and for whom I wonld hold Mr. Smith responsible, is a committeeman in the ordinary intelligible sense of the word, that is to say, a person in whom faith is put, and for whose acts he is responsible.”. Nothing more need be said as regards this, we having noticed the subject of the agency of political associations incidentally in discussing the Wigan and Taunton cases under “ Candidate and Agent.” Suffice it to say that it must be taken as established that there is no part. nership privity between the parties subscribing to a political association; nor does the fact of subscribing confer any authority upon the person who mapages it to make them responsible for an illegal act done by him.

We have now to consider at what point an agent ceases to be an agent, so as to make a candidate responsible for his acts. And, in the first place, it is to be noticed that treachery will deprive an agent of his capacity as such. This was expressly pointed out by Mr. Justice Blackburn in the Stafford Borough Petition (21 L. T. Rep. N. S. 212). He said, referring to the proceedings of one Machin, “ If the evidence was to the effect that Machin, though he was then a paid agent of Colonel Meller, was at that time planning to betray Colonel Meller, that it was what is called a plant, then I do not think that Machin could any longer be considered an agent of Colonel Meller, so that his acts would vacate the election. I wish to point out the distinction which I make, that according as the law stands at present, if a member employs an agent, and that agent, contrary to his wish, and contrary to his directions, commit a corrupt act, the sitting member is responsible for it; but when he employs an agent, and the agent treacherously or traitorously agrees with the other side, then if he does a corrupt act it would not vacate the seat, unless it is proved that the corrupt act was at the special request of the member himself or some untainted and unauthorised agent of the member wbo directed the act to be done.” His Lordship was very particular upon the point, for he added, “The distinction is pretty obvious, and I mention it to avoid any difficulty or doubt that there might be hereafter, from its being supposed that I have said anything more than I do say; I say if Machin was treacherous agent he loses the power of upsetting the seat by reason of his unautho. rised acts of corruption; it would require actual proof of authority in order to make it so. It is a very different affair if a man being an agent has been tricked by the other party into committing a corrupt act, ho him. self honestly still intending to act as an agent.”

Express authority will, of course, recreate an agency which has lapsed or been annihilated. As above, it will do away with the effect of treachery ; and in the case of corrupt acts done after the election, the agency, having ceased with the close of the election, may be revived by express authority, so as to constitute the person an agent, and thus to affect the return. “The agency at the election,” said Mr. Justice Blackburn, in the Norfolk Petition, which was solely from the canvassing before the election, expires with the election. Whether or no a person who had been requested to canvass would be an agent whose misconduct would avoid the election, would depend upon the evidence ; but unless there is something to show continuing authority, that person could not, if he had given a feast ten days after the election, by that act upset the election."

Further, and lastly, it is perfectly clear that where there is a coalition between candidates, each becomes the agent of the other. The limit of this agency is shown in the Norfolk Petition before referred to. Here we conclude the consideration of the very difficult question of agency. Not. withstanding the diffidence expressed by all the Judges in dealing with it, and their doubts concerning the various attempts which have been made to define it, we do not conceive that there will be much difficulty in dealing with the next batch of petitions by the light of the judgments which we have been examining.


[ocr errors]




[ocr errors]


Bribery: The authors draw no conclusions, nor do they classify

bribery as found in the various cases. The principles are buried The Election Manual: a Concise Digest of the Law of Par- in pages of judgment.

liamentary Elections. By L. P. BRICKWOOD, M.A., and HERBERT
CROFT, M.A., Barristers-at-Law. London: Virtue, Spalding, judgment, but no clue to the prevailing principle.

Conduct money : Conveyance.-Here again we have pages of , and Daldy.

The saine remark applies to the question when costs should be The Law of Elections and Election Petitions. By Hon. CHANDOS given to the successful party.

LEIGH, M.A., and HENRY LE MARCHANT, M.A., Barristers-at-Law. Undue Influence : Our authors give us the intention of the Second edition. London: Davis and Son, Carey-street, Lincoln's- Legislature in enacting the 5th section of the Corrupt Practices inn.

Act 1851.

It was

obviously to secure, as far as human agency It is most unfortunate when an unexpected event causes a number can do so, absolute freedom on the part of electors from all of books on a legal subject to be hurriedly pushed through the press. improper influences which might operate upon their minds in the We last week noticed Mr. Hardcastle's edition of “ Bushby," exercise of the franchise; and where it can be proved that this which bore evident traces of haste. The authors of the first of 'pital principle' has not been maintained by reason of some vis the two above-mentioned manuals admit that their “endeavour major operating to any considerable extent, it will follow as a so comply with the exigency of the moment leaves them with

necessary consequence that the election cannot be upheld.” The 300 little time at their disposal for satisfactory revision and expression “ operating to any considerable extent” is rather vague, correction.” The second on our list, being a second edition, was and is hardly in accordance with the views of Mr. Justices Willes Sess liable to errors arising from hasty execution or publication. and Mr. Justice Blackburn. Any undue influence by an agent

Had Messrs. Brickwood and Croft thought over the matter, we which causes a vote to be given in a way other than that in which do not think they would have given their work the title which it it would have been given invalidates the return. 520w bears. It is most decidedly not a digest of the law of Parlia- Treating is dealt with by citation of judgments, and no attempt mentary elections. It is a digest, but by no means a concise is made to deduce principles or classify cases.

We do not see, digest, of the law relating to corrupt practices at parliamentary therefore, that we can say very much in favour of the work. The elections. According to the table of contents, which is perfectly extracts are undoubtedly correct, but they will be found difficult accurate, the work treats of corrupt practices only—the position to handle in practice, notwithstanding the index. Had there been of a candidate and his agent, of bribery, treating and intimida- sub-headings or side notes, or anything in the way of subdivision tion, dealing separately with “ conduct money-conveyance,” the or classification, the work might have been useful. meaning of “corruptly," and "costs.”

much doubt its practical value in its present shape, and we trust However, disregarding the misnomer, we have to recognise in that, should it reach a second edition, its form will be altered. Messrs. Brickwood and Croft careful and intelligent students of Messrs. Leigh and Le Marchant have erred if at all on the right the judgments of the election judges. These judgments furnish side. In a work of smaller dimensions than that of Messrs. Brickmaterial for a treatise easy to be moulded and capable of being wood and Croft, they have combined with definitions of corrupt made into a systematic and scientific code of principles. We practices practical directions as to presenting, conducting, and Bšould have been glad had our authors attempted such a code, withdrawing petitions, and they give in addition all the statute instead of heaping up quotations from the judgments; but it law. A very important chapter is devoted to the subject of would have been a task of some difficulty, and would certainly not Scrutiny," dealing with the various grounds upon which votes have been completed so as to be available in the trial of the peti- may be struck off, making great use of the Oldham case before tions which are certain to be presented before the end of the Mr. Justice Blackburn, which is an excellent precedent. This month. We will notice, however, a few of the conclusions at which work is arranged in such a way as to give the established prinubur authors arrive.

ciples in lucid order, and so as to be understood almost at a glance, Agency: “ Thus we may take it that the doctrine of the liability being deeply indented with italic side heads and marginal notes. his agent has received the approbation of the present tribunal for selves largely of the reports of the election petitions in the Law the trial of election petitions after full and deliberate considera- Times Reports; and without any partiality we believe that those tion, and may be considered definitely settled :" (p. 11).

reports will be found the only reports to be used with advantage, The authors cite a great many dicta as to to what constitutes an as they set out the full statements of fact in each case. The agent, but wisely refrain from attempting any general definition. reports commence in vol. xix., and end with vol. xxii.

We very

[ocr errors]




SOLICITORS' JOURNAL. operation of the Act is thus sketched : “ The ad. So far as we have been able to ascertain, the fol. vantages to be gained from such a step are numer- lowing solicitors have been elected to serve as

members of Parliament in the new House of We are glad to be able to inform our readers ous both to the local members of the legal pro that the negotiations which have for some time fession and to the general public, the only sufferers Commons :

Mr. Freshfield...

Dover. past been going on between the governing bodies under such a reform being the London attorneys,

Mr. G. B. Gregory

East Sussex. of the Incorporated Law Society and the Metro who act as agents to our country practitioners,

Mr. C. E. Lewis

Londonderry City. Koolitan and Provincial Law Association, will Briefly summarising the proposed changes, we

Mr. G. Leeman

York City. in all probability be shortly closed in a man. shall find the following results : a large portion Mr. G. Golding


Mr. W. Gordon mee that will be satisfactory to the societies, of legal business now necessarily carried on in

Mr. J. Dodds

Stockton. ud, indeed, we may say to the Profession London can be transacted in Hull ; legal proceed

Mr. McCarthy Downing Cork County. ut large. The accomplishment of so desir. ings will be considerably facilitated and cheapened, able an object as their amalgamation will a great deal of time and money saved, and poor

And there are some others still in the field as well kot only lead to a very considerable strengthen- Hamlet's ‘ law's delay and insolence of office? (?) for Ireland as England. We think, in view of recent ing of the older society in point of num.

may become, if not things of the past, at any rate legislation that Mr. Disraeli with his large surplus bers, but it will involve that which is of the mere figures of speech serving only to remind us

may well relieve solicitors from the payment of the greatest importance, namely, the holding of occa- of the unsatifactory condition of things from annual certificate duty, and the claim ought to be sional provincial meetings. The Profession will which we have happily escapod. District Regis- advanced by our representatives in the House. ibe glad to hear that steps were some time since trars are promised in such places as shall be con. taken with a view to the election of extraordinary stitated. centres,' from whom writs of sum. MR. JOSHUA WILLIAMS addressed some very members of the council under the supplemental monses for the commencement of actions in the sensible observations to the Birmingham Law Charter, and it is to be regretted that while the High Court of Judicature can be obtained, and Students' Society last week. In the first place he presidents of ten country societies were nomi- before whom all necessary proceedings may be disposed of the notion that a lawyer's education mated, two only were found to possess the necestaken and recorded until the case is ripe for trial.

can ever terminate. “A man,” said Mr. Williams,

* would go on studying to the end of his days if sury qualification. As regards the proposed amal. Our registrar will rejoice in a seal, and have, he were worthy of the name of a lawyer," therefore ganation, we are sorry that we cannot inform our besides, sundry powers to administer oaths and he advised them to study on ; "but'let not the

work be too hard.” Too many gentlemen imReders of the names of the prime movers in the such other duties in respect of proceedings awaitmegotiations which have taken place on this im. ing trial in the High Court. From the writ of agine that when they are out of their articles, mportant subject. summons, the very commencement of an action, have attained all that should be attained by a

and have passed their final examination, they down to, and including, entry for trial, every step solicitor in the way of education. Doubtless,

may be taken before him. Every Hull lawyer will as Mr. Farrer very properly observed when QUEER little paper called the Criterion which be his own agent; and every man's business ex- one of the spokesmen of the deputation of the as published at Hall announces that an applica- pedited— A consummation devoutly to be wished." Legal Education Association to Lord Selborne in tion is to be made that Hull may be created a | Earnestly we trust that our town's petition may refinements of the law-for these they must go to

1873, solicitors have not the time for studying the Legal centre, under the Judicature Act. The l be granted.” 1

the barrister, who has the time and opportunity

[ocr errors]
[ocr errors]
[ocr errors]

for such study. But the broad general principles RULES OF PRACTICE AND PROCEDURE within the cognisance of the said courts respecof the law should be known to solicitors, and, TO BE FRAMED UNDER THE JUDICA. tively, for which provision is not expressly whenever possible, studies should be kept up. TURE ACT 1873.

made by this Act or by the rules contained in the We don't for a moment underrate the difficulty in MR. G. M. DOWDESWELL read a paper on this schedule thereto.”. the way of a practising solicitor desiring to retain subject at the Law Amendment Society's meeting These are the rules which are to be laid before and keep fresh his knowledge of law, but in pro- on Monday last. Mr. Joseph Brown, Q.C., was Parliament, and may be annulled upon an address. portion as these difficulties do not arise study in the chair.

The express provisions of the statute with should increase. Under the Judicature Act it Mr. Dowdeswell said: “I do not think it is in which rules of practice or procedure could con. will be more than ever essential that solicitors cumbent on me to offer any apology for addressing Alict are, indeed, very few, if we except those con. should have a good general knowledge of law. you on a subject so dull, dry, and technical as the tained in the sch ule. These, therefore, become Mr. Williams also made some observations on the course to be pursued, and the principles to be the most important to consider when the framing administration of law and equity which are some- observed in framing the rules under the pro. of rules is under consideration; and the 69th what novel and may startle the uninitiated. visions of the Supreme Court of Judicature Act. section points this out more clearly, for it enacts “ Common law,” he said, “which originated in a I did not select it myself, but was requested to thatsystem of harsh dry hard rules, was administered undertake the task, and, considering its great “The rules contained in the schedule to this in a much more liberal spirit than were the rules importance, and with a view to stimulate discus. Act (which shall be read and taken as part of this of equity which originated in liberal principles. sion, I somewhat reluctantly undertook it. No Act) shall come into operation immediately on the The popular notions of equity are quite mistaken person from choice would resort for entertain commencement of this Act, and as to all matters -technicalities prevail even more than at com. ment to the pages of Archbold's Practice, or seek to which they extend shall thenceforth regulate mon law; consequently the fusion of the two for exhilaration even in a little Lash. To every the proceedings of the High Court of Judicature jurisdictions, and the removal of the many ano. one who will take the trouble attentively to read and the Court of Appeal respectively, unless and malies which are born of rigid technical rules the Judicature Act, it will become quite manifest until, by the authority hereinafter in that must prove of enormous advantage." Bat whilst that the successful working of that meastre will behalf provided, any of them may be altered or approving of this fusion Mr. Williams was careful depend, in a great degree, upon the regulations varied. to say that the great principle of division of which may be made, and remain to be made, for Clearly, therefore, the rules in the schedule Labour should not be lost sight of. “ His opinion carrying its provisions into effect. It ordains must prevail over any rules made under the prewas that the law was far too great for any man to tribunals; it declares their functions; it lays ceding section; and, therefore, these latter rules be acquainted with the whole of it.' He would down broad principles for the administration by should be made to harmonise, and not conflict in like to huve things arranged so that" every man's them of law and equity indifferently; it consti. any way with them. These latter rules are the suit should be relegated to that court which was tutes offices and officers; and then, after declaring matters which form the subject of the present best qualified to deal with the points involved.” that the rules contained in the schedule to the discussion ; but it may not be inexpedient to ob The difficulty about this is that there would not Act shall, for the present, regulate all proceed. serve the vast power conferred by the Act on the be enough work of each kind to keep separate ings, substantially leaves all other matters to be judges, for although the rules in the schedule are courts occupied, and it would be almost impos- governed by rules which are yet to be framed. at present paramount, yet their operation is sible to break up the High Court into sections The schedule contains a very meagre and imper. limited, "until, by the authority hereinafter in according to the nature of the causes in the list. fect set of ordinances called “Rules of Proce that behalf provided,” they are altered or varied. Finally, Mr. Williams warned lawyers against dure." The principal of these--that all suits This authority is found in the 74th section, which communism, and as regards taxation, he said," it shall be instituted by a proceeding called an ordains that the Supreme Court, with the con. would be a bad thing for lawyers if all the taxes action; that this shall be commenced by writ; currence of the majority of the judges, of whom were paid by those who had property, and all the that the pleadings shall contain a brief statement the Lord Chancellor shall be one, assembled at a laws made for those who had none." So probably of the matters in controversy; that judgment special meeting for the purpose, may alter or most lawyers thought who voted for the "safe may be signed thereupon; that the evidence shall : annul any rules of court; and the concluding part party” in the recent elections.

be oral; and all costs shall be in the discretion of of the 69th section expressly declares that the

the court; these are, for the present, to prevail; rules in the schedule shall be considered such. THE Birmingham Law Society's Report for the but in the main all other procedure, as well as Hence it is, perhaps, well it should be understood past year, recently issued, is one of some interest. the forms of these matters mentioned in the that henceforth the Supreme Court, with snch It deals, amongst other things, with the Judica: schedule, are to be governed by rules to be concurrence, has entire control over everything

framed. ture Act, remarking that its beneficial operation

Hence it will be obvious that, to connected with actions, and, subject only to an will depend upon the rules of practice and proce- objection as proved fatal to the measure intro process, the pleadings the mode of trial, and

the a very great extent, this is amenable to the same address from Parliament, may entirely. change the dare now in course of preparation. The com. mittee, however, are not unaminous in opinion as

duced by Lord Hatherley. Very probably this entire system of procedure, with very few excep.

was found to be a matter of necessity, and tions, in our courts. This is a vast new power to the practical value of the District Registry the objection has been sought to be obviated by thus vested in a court,

for which there is no preceClauses, but they agree that for some time to come ordaining that her Majesty

may cause the rules dent in the history of this country. It is certainly large powers of removing proceedings to the London or other registries, at the instance of to be framed with the advice of the Lord Chan. defendants must be accorded, to prevent delay, cellor and the Lord Chief Justice, and the judges, watched by the assemblies who are entrusted inconvenience and, in many instances, expense. tive authority.

and giving to those rules a kind of semi-legisla- with a control over it.

With this view, they are f. be I now pass to the consideration of some of the The report also deals with Tribunals of Commerce, laid before each House of Parliament, and any broad general principles which ought to form the and remarks that the committee considers it un. desirable to establish any special tribunal for the of them may be annulled by the Queen upon an paramount consideration in framing the rules trial of commercial cases, being of opinion that if address presented by either House. The interval under the 68th section. In the first place the

of time allowed for the presentation of this grand objects should be steadily kept in viewthe orninary tribunals are not competent for the address is only forty days, and when this, as well viz., the ascertainment of the matters really in work, their procedure should be improved. On the subject of legal education, the committee, of the body thus to revise them, is considered as the nature of the matter, and the constitution controversy between the parties, the righteous,

speedy, and cheap decision of them, and finally whilst fully recognising the existing defects of the unless there be some flagrant error or gross in the effectaal enforcement of the decrees of the system, do not assent to the proposition that the justice would manifestly ensue, which is not tribunal. That rules the compliance with which only remedy is to be found in a system of lectures, probable--the rules, as laid before Parliament, will necessarily, to a great extent, devolve on there being a difficulty in obtaining competent will no doubt prevail. Hence the timely discus- persons in subordinate station, or young, men lecturers, and paying them properly. The committee look forward to legal sanction being soon

sion and consideration of several questions learning the Profession should be simple and given to the principle of remuneration to solicitors

become most important. The first of these is, plain in their language, is so obvious a remark, by commission, and finally, as to the organisation that are the substantivo provisions of the statute that it seems almost unnecessary to make it.

They should be couched in the fewest possible of the Profession, urge country solicitors to join they are intended to supplement, which they the Incorporated Law Society.

cannot alter or contravene ? secondly, what are words, and the verbiage, which has hitherto un. the broad general principles which ought to form fortunately characterised many of our legal pro.

the paramount consideration in framing them ? ceedings should be avoided. A COUNTRY firm of solicitors write to as alleging and lastly, what they should be in detail. The If there be a course of procedure or rules rethat their London agents account for delay in first two of these questions can easily be discussed lating to any matter, the operation of which has taxing a bill of costs arising out of a suit in in a paper like this, but the last it is impossible been settled and found convenient, and their Chancery, on the ground that there are only six to deal with, save by a few remarks upon the carrying out is well understood, they should be taxing masters, the amount of whose work is so more important and prominent topics. What, adopted in preference to new, and any defects in great that there is a perfect block of business in then, are the provisions of the Act which are them, which time has developed, shonld be ob. these offices, and asking us to call attention to paramount, and cannot be altered by the rules ? viated by amendments. Many of the rules the matter.' We can only say that we have dig- In the earlier sections of the statute power is established in the courts of law, under the Com. cussed the subject over and over again in our conferred on the High Court of Judicature and of mon Law Procedure Acts, have worked extremely columns, and urged the necessity of appointing Appeal, to make rules as to the method and times well, and most practitioners are thoroughly additional masters, who should be solicitors of in which the business shall be conducted. These conversant with them, and very little difficulty long standing in the Profession, specially quali. rules are matters rather of convenience and order will be experienced in adapting them to the new fied by a long experience of Chancery business. | than of the substance of litigation. The principal state of the law. It seems to me, therefore, It is idle to suppose that the present staff in the section which requires consideration is the 68th, expedient that what is really useful in the old Chancery taxing offices can either with credit to taken in conjunction with the 69th and 74th, and system should not be disregarded, but wherever themselves or satisfaction to the Profession, cope the schelule to the Act. The 68th section enacts it conveniently can be done, should be moulded with the enormously increased amount of busi. that, subject to the provisions of the Act, her for use in future. ness which is now being daily taken into these Majesty may at any time, before the commence. As far as possible the parties-by communicachambers. Nothing is more in the interests of ment of the Act, with the advice of the majority tions and requirements between themselvesthe Profession in these days than that every kind of the judges, cause to be prepared rules of should conduct the business, and recourse should of legal business should be dealt with expedi. court regulating the holding of the courts; and, only be had to the aid of the court when they tiously, and we should indeed be glad to hear thirdly,

fail. The delivery, for instance, of pleadıngs by that, for the convenience of solicitors and in the “For the regulation of all matters consistent the one party to the other without depositing interest of the public, two additional masters are with, or not expressly determined by, the rules them, by filing, or otherwise, in court, has been to be appointed.

contained in the schedule hereto, which under and found to work well, and simple demands and

for the purposes of such last-mentioned rules re- notices have been found, in many instances, to The following lectures and classes are appointed quire to be, or conveniently may be, defined or afford the parties all they require equally well for the ensuing week, at the Law Institution, for regulated by further rules of court. And gene- with rules or orders. The multiplication of sum. the instruction of students seeking admission on rally for the regulation of any matters relating to monses and orders has become a very heavy tax the Roll of Attorneys and Solicitors: Monday, the practice and procedure of the said courts re- upon suitors ; there is a great temptation for this, 16th Feb., class, 4.30 to 6 p.m., Conveyancing; spectively, or to the duties of the officers thereof, and those who have had occasion to analyse at: Tuesday and Wednesday, ditto; Friday, 20th Feb., or to the costs of the proceedings therein, or to torneys' bills in actions cannot fail to have ob. lecture, 6 to 7 p.m., Common Law,

the conduct of civil or criminal business coming served how serious was the charge in this respect.



[ocr errors]

The suitor requires protection, not so much that the defesdant should make no statement CREDITORS UNDER ESTATES IN CHANCERY. against the person whom he may select as his also. The sentence, “ Unless the dofendant at the

LAST DAY OF PROOF. legal adviser, but against a person chosen ad, time of his appearance shall state that he does not FLETCHER (Thomas), Postland, Crowland, Lincoln, farmer. vorsely to him, who too frequently is determined require the delivery of a statement of complaint,”

March 3; J. G. Calihrop, solicitur, Spalding. March 17;

M. R., at eleven o'clock, to make the most he can out of the transaction. may apply to the succeeding sentence as well as FOSTER (Laura), Stabbington House, Crofton, Sonthamp Power should be given to a party to dispense the first.

ton, and of Matlock Bath, widow. March 5; Nichols with anything which is provided simply for his In equity the plaintiff was always entitled to

Donnithorne, solicitor, Fareham, Southampton, March

12; V.C. M., At twelve o'clock. benefit, and this will be only in furtherance of the interrogate the defendant, but at law that right Foster (Rev. Win., Stabbington House, Titchfield, Southspirit of the Act, evinced by the provision that a has only recently obtained, and subject to great

ampton. March 5; N. Donninthorne, solicitor, Farcham. defendant may dispense with a statement of the restrictions. The practice in equity is preferable, King John B.), formerly of Belford-street, Bedford

March 12; V.C. M., at twelve o'clock. complaint against him.

and the unnecessary expense of a summons and square, but late of 4, Ellerslie Villas, Middieser, stock. No proceeding or formality should be required order should not be required. Either party should broker. Feb. 28; C. and R. J. Tahourdin, solicitors, 1, which is not absolutely necessary for the orderly be at liberty to propose to the other any question

Victoria-street, Westminster. March 11; V.C. H., at

twelve o'clock. and effectual conduct of the proceedings. Hitherto relevant to the matters in dispute, and the other Kers (Wm.), 188. Esser-road, Middlesex. Feb. 20; H. B. in many cases things have been required to be should be bound to answer. If there be questions

Silvester, solicitor, 18, Great Dover-street, Southwark, done from which the suitors derived no benefit which he may properly object to answer, he should LACETOWm.), Grango Tavern, Norbury-road, Thornton

. twelve whatever, and with which they were willing to be at liberty to leave them unanswered, and no Heath, Surrey, licensed vic ualler, March 16; G. D. Free. dispense, simply for the purpose of exacting fees detriment should arise to him from pursuing that

man, solicitor, 14, Bedford-row, Middlesez. March 80;

V.O. H. at twelve o'clock. of court. In a recent case, for instance, a man course. It will then be time for the party re- NICHOLLS (John), 68, York-street, York-road, Lambeth, was required to pay several pounds for copies of quiring the information to take the opinion of the Sarrey, carpenter, pile driver, contractor. Feb. 28; John affidavits which he or his antagonist did not judge upon his right to an answer. Tho few in.

Barnard, solicitor, &, Lancaster-place, Strand, Middlesex.

March 9; V. 0. M. at twelve o'clock. require, simply in order that a fow shillings might stances in which I have known any advantage Rising Wm.), Marthom Honse, Norfolk, Esq. Feb. 24: be paid for foos. If we cannot have free courts, derived from this proceeding, and the very heavy

Wm. R. Cooper, solicitor, Upper King-street, Norwich.

March 21: M. R. at twelve o'clock. at all ovents let the scandal of exacting fees expense incidental to the present mode of proce

Stedman (Edmund), Belle Vue, Sudbury, Suffolk, gentle. for Ngeless purposes be avoided. Formerly, too, dure at common law, have induced me to say this.

March 2; John T. Green, solicitor, Woburn, superfluous or unnecessarily expensive formali. I would, in conclusion, suggest that very grave

Bedford. March 13; M. R., at half past eleven o'clock. ties were required with a view to the emolaments questions will arise as to the course and rules

STEDNAN (Emily G.). Sudbury, Suffolk, widow. March :

J. T. Green, golicitor, Woburn. March 13; M. R. at halfof the practitioners, and this vice still, to a cer. which are to prevail on ejectment.

past eleven o'clock. tain extent, prevails. I am not insensible to the The discussion was continued by, among others,

CREDITORS UNDER 22 & 23 VICT. c. 35. interests of the bar or the solicitors--if they are Mr. Kimber, Mr. A. E. Miller, Q.C., Mr. Webster, pot properly remunerated for what is necessary R.C., Mr. White, and Mr. Ryalls, the last expres. BOADEN (Elizabeth K.), formerly of 38, Rue du Faubourg

Last Day of Claim, and to whom Particulars to be sent. to be done by them, let their remuneration for it sing, amid applause, the opinion that the more St. Honoré, Paris, but late of Queen's Hotel, Brighton. be increased to a just degree ; but this, I think, is speedy and cheap the remedy given the greater April 6; Capron and Co., solicitors, Savile-place, Conduit. not the case, and I fully believe that the interest would be the resort to lawyers. Mr. Joseph Boote Henry. Victoria-road, Surbiton. Surrey, com

street, of the client, the solicitor, and the barrister, are Brown, before leaving the chair, which was after. merchant. March 2; T. Donnithorne, solicitor, 30, Grace. identical, and that there would be a large increase wards taken by Mr. Webster, expressed the utter

church-street, London. of business to be done if it were not made unduly absence of regret with which he, an old

special BBIDEN; stiherwise Barson Wmna Post, Croydon,

Surrey, surgeon. Feb. 21; Wright Pilleysolicitors costly, and the interests and dignity of our Pro: pleader, saw the whole system of pleading 25, Bedford-row, London. fession would be promoted by the extinction of abolished. As to the practice in Chancery, a great ChristyToken: Apertield.conrt, Cudbam, Kent, Esq. such a source of emolument. Many of these deal had been said about the expense to which a

March 23Bailey , -street, ,

CLARK Eliza, Tunbridge Wells, Kent, pinster. March things have been abolished, but let all these now litigant might drive his opponent by articulating 7; Stibba d' and Cronshøy, solicitors, 12, Fenchurchbecome utterly extinct.

street, London. his whole bill into interrogatories, to which the

GIFFORD (Wm. J.), formerly of Fora, Dear Wellington, Lastly, in the case of irregularity, or informality opponent replied with as many salvoos and quali. Somerset, afterwards of King-st eet, Floomsbury. Mid. in complying with the rules, hitherto the practice fications as possible, to avoid admitting anything dlesex, and subsequontly of Gray's-inn-square, Middlehas been to set aside proceedings with costs, in of use; and he himself could never see the shelves

sex, Eq. March 14; U. Leefe, solicitor, 60, Lincoln's

inn fields, Mic dlesex. order to enforce strict observance of them. In a in Fetter-lane groaning, under the affidavits and HARFORD (Summers), Clarbeston Grange. Pembroke and vast number of cases, the objecting party was other documents filed without a painful conscious.

Haverford west. Esq. March 9; Jas. Price, solicitor, Dew. not damnified at all, in others to only a very slight ness, fond as he was of old parchments, of the

street, Haverfordwest.

HAYDON (Jas.), 9, Queen Elizabeth-street. Horselydown, extent. The course thus vindictively adopted absolute waste of money there represented. He Surrry, carman. Darch 7; Wm. C. Murrell, corn dealer, seems to me unreasonable ; and I would suggest thought the Judicature Act would have one good

Dock head, Surrey. thut in all such cases the party, if he be prejudiced effect: it would give more work to special pleaders HELOCK TE balas Cowley. Manor, Gloucester, and the

Stock Exchange, London, Esq. May 1 in any way, should be at liberty to desire his and junior counsel. Mr. Anderson Rose, on the CO., 253, Throginorton.street, London. oppunent to remedy the defect at the latter's cost, other hand, denounced the word “fusion,” the

JOLLY (Saral, formerly of 4, George'r-place, Acre-lane, and only in the event of this being refused, that disastrous character of which, he said, was only

Brixton, Surrey, late of 15, North-road, Clapham-park, he should have recourse to the aid of the court. exceeded by the disastrous nature of its practical Liga: langasta M.), Hendon, Middlesex erinster. March

Surrey, March 31; F. Haines, solicitor, 413, Edgware

road, London. This course, I am sure, will get rid of a vast application by Act of Parliament. The proceed.

10; Harting and Son, solicitors, 24, Lincoin's-inn-fields, amount of sharp practice, and conduce far better ings concluded with a vote of thanks, proposed Middlesex. to the proper conduct of litigation. Let an action by Mr. Miller, to Mr. Dowdeswell for his sugges. no longer be regarded as a gambling transaction tive paper.

REPORTS OF SALES. to be carried on, as judges have sometimes offensively expressed it, according to the rules of the game,” in which chance may prevail, but as a

Thursday, Feb. 5.

Correspondence. solemn, straightforward proceeding in which men's AMERICANISM IN ENGLAND.-What do you

By Messrs. Newbox and HARDING, at the Mart.

Caledonian-road.--Yos!, and 14, Frederick-place, term 75 rights are to be adjusted and wrongs redressed. think of the following advertisement, cut from a _years-sold for 1910. These are some of the main principles which, it provincial newspaper ?

NEMO. Hornsey.-Nos. 1 and 2, West-cottages, freehold--sold for much more fully upon var burst other points

, but i Dviale, expeditiously and hea pljsmlag continue to to , regarded. I dilate IVORCE.Dissolution of Mar- King's.croes.-Yos. 17, 49, and 51, Wharfdale-road, freehold

-sold for £350 each. am apprehensive lest I should be tedious, and I send written particulars for opinion and advice (consul. Nos. is and 55, bame road-sold for £1100. think I have said enough on this head to lay the tation by appointment only), in confidence, to W. Lerry,

Tuesday, Feb. 10. foundation for, and stimulate the discussion.

Esq., Doctor of Laws, &c., 11, South-square, Gray's-inn, By Messre. FAREBROTHER, CLARK, and Co., at the Mart.

London, I will add a few remarks as to what the rules

Kennington.-The leasehold enclosure known as the Oval,

containing about ly acres, together with the tavern-sold should be upon particular matters mentioned in


for LX00. the schedule, the principal of these being Process,

Fetter-lane. - Nos. 7 to 11, Rolls-buildings. Nos. 1 to 4, Pleading, and Discovery.

GOING TO THE BAR.-I am now an articled clerk, but Acorn-court, and a policy for £2001-sold for £2700.

Before I can be

By Messrs. DEBENHAM, TEwson, and FARMER. The preliminary process of citation, the form of bave deter:nined to go to the Bar. which is to be settled by the rules, should be brief should be cancelled, but I cannot ascertain with cer.

entered as a student it is necessary that my articles Stratford. - Nos. 20, 22, and 24, Albert-cottages, freehold and plain ; and while allowing the party sum- tainty by what means that object is to be effected. Will

Catford bridge.-A residence known as Winchester Lodge, moned sufficient time to comply with its terms some of your readers who have been similarly situated

term 92 years-sold for £900. should admit of no unnecessary delay. It should inform me how they cancelled their articles, and

By Messrs. E. and H. LUMLEY.

North Brixton.-Nos. 19 and 24, Elliott-road, term 99 years convey a general notion of the claim, but except in whether anything, and if so what, has to be done at the

Law Institution and Queen's Bench Office ? A, C. -sold for £365. the case of the money demands for which judgment

Wednesday, Feb. 11. may be signed where the statement should be full, ASSIGNMENT OE ARTICLES.-I wish to ask the advice

By Messrg. EDWX Fox and BoISFIELD, at the Wart. a very general description ought to suffice. The and assistance of any of your readers in the following Peckham.-No. 2, Osborne-villas, term 40 years--sold for consequence of non-compliance with the snm. case: Two years ago a friend of mine was articled to an

New.cross, - No. 1, Selby-villas, term 90 years-sold for mons should not be the entering of an appearance, attorney, paying a premium of £100, the articles, of

£480. for that is an idle formality, but the right of the course, containing the usual covenants on the attorney's

By Messrs. FURBER, PRICE, and FURBER, part as to instruction, &c. At that time there were in party to proceed by filing his pleading.

The reversionary life intrest of a gentleman, aged so, in The general nature of the pleadings is described experience, an articled clerk of four years' service, and the attorney's office a managing clerk of twenty years'

estates, yielding £20,000 per annum, the reversion depen

dent on a life aged 62 years-sold for £3000. by the schedule, but it would be well if, as under a copying clerk. A satisfactory general business was done Bryanston-square.- Nos. $1 and 8), Seymour-place, term former statutes, some models or examples of these at the office, though not well attended to by the princi. 27 years-sold for 1975, in ordinary cases were given. Without such a pal, ustil about twelve months afterwards, when the

Bayswater.-No.31, Queen's-road, term 38 years-sold for guido very great uncertainty and confusion will principal gave way to intemperate habits, and fell very

much into debt, insomuch that the whole of the office prevail. The best extant model whereon to frame furniture and effects on one occasion were seized and

To Correspondents. the pleadings with which I am acquainted, is pre- removed, and the offico closed. Since the managing Rented by the pleadings in the Probate and Matri. clerk left, the principal has attended very little to his

“Who's your Lawyer?" We have repeatedly referred to

this objectionable advertisement. It is useless to continue inonial Court. Technical accuracy should not be business, being sometimes absent for weeks at a time,

to do so. required, though it is obvious from the reservation and seldom attending more than an hour or two per of the right to demur, the pleading must disclose therefore left entirely by himself, without any instrucday. The other clerks having left, the articled clerk is

MR. Thomas HOLDEN, of Hull, has been ap. in law a right to the remedy sought or a defence tions in his profession. Executions in the office are pointed Solicitor to the Hull Dock Company, in to it. There is one point on which some rule will frequent, and applications for debts incessant. Under succession to Mr. Moss, deceased. certainly be required, or great embarrasment will these circumstances the articled clerk, unwilling to lose

MR. GERRARD, solicitor, of Evesham, has been ensue; at the time of his appearance the defen- any more of his time, wishes to have his articles appointed a Commissioner for taking affidavits in dant may state that he does not require a state. assigned to some other attorney, and a return of part that district for the High Court of Chancery in meut of the complaint, but the statute is wholly readers to inform him through the means of your Ireland,

of the premium; and he wishes one of your many silent as to what he is to do as to pleading under valuable paper what steps he should take to have this The Metropolitan Board of Works give notice such circumstances. It would be a singular thing done.

X. Y, Z. that they are prepared to receive subscriptions, to have an answer to a complaint of which there

at the Bank of England, for £2,600,000 of Metro. is no sort of record, and one would almost surmise The death is announced of Mr. S. Stone, for politan Consolidated Stock, required for new that this was an oversight, or else it was intended ' upwards of thirty years town clerk of Leicester. works, for conversion of existing debt, and for


sold for £).



« EelmineJätka »